Artificial intelligence (AI) has a growing role in federal agency adjudication, rulemaking, and other regulatory activities. In 2020, ACUS's Office of Chair commissioned a report, Government by Algorithm, prepared by a team of researchers at Stanford University Law School and New York University (NYU) School of Law.
Completed projects
At the request of the Social Security Administration (SSA), the Office of the Chairman studied the impact of the pilot program in Region I which, according to 20 C.F.R §§ 405.316, 405.331, both requires notice of the ALJ hearing 75 days prior to the hearing date, and closes the evidentiary record five days before the hearing date absent a showing of good cause. The report reviewed and analyzed SSA’s statute and current regulations,
Recommendation 2022-3, Automated Legal Guidance at Federal Agencies – identifies best practices for agencies to use when designing and updating automated tools, such as interactive chatbots and virtual assistants, to provide legal guidance to the public.
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Recommendation 2013-2 – Benefit-Cost Analysis at Independent Regulatory Agencies highlights a series of best practices directed at independent regulatory agencies in the preparation of benefit-cost analyses that accompany proposed and final rules.
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Recommendation 2023-5, Best Practices for Adjudication Not Involving an Evidentiary Hearing. This recommendation examines the wide range of procedures that agencies use when adjudicating cases in programs in which there is no legally required opportunity for an evidentiary hearing.
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Recommendation 2014-7 – Best Practices for Using Video Teleconferencing for Hearings offers practical guidance regarding how best to conduct video hearings, and addresses the following subjects: Equipment and environment, training, financial considerations, procedural practices, fairness and satisfaction, and collaboration among agencies.
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Recommendation 2021-5, Clarifying Statutory Access to Judicial Review of Agency Action – urges Congress to enact a cross-cutting statute that addresses certain recurring technical problems in statutory provisions governing judicial review of agency action that may cause unfairness, inefficiency, or unnecessary litigation.
Recommendation 2011-3 – Compliance Standards for Government Contractor Employees – Personal Conflicts of Interest and Use of Certain Non-Public Information addresses the increasing use of contractors in government and asks the Federal Acquisition Regulation Council to adopt revisions regarding compliance standards for government contractor employees relating to personal conflicts of interest
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The Congressional Review Act (“CRA”) implements a process for Congressional review of agency rules. 5 U.S.C.
Recommendation 2016-1 – Consumer Complaint Databases encourages agencies that make consumer complaints publicly available through online databases or downloadable data sets to adopt and publish written policies governing the dissemination of such information to the public.