Washington, D.C., June 14, 2024 – At its 81st Plenary Session on June 13, the Administrative Conference of the United States (ACUS) adopted four recommendations to improve the efficiency, transparency, and fairness of administrative programs; reduce their costs to taxpayers; and enhance the public’s ability to participate in them. 

ACUS Chair Andrew Fois commended the Conference’s work in stating, “Today’s Plenary Session of the Administrative Conference, the 81st since its inception, was a tremendous success. The four recommendations approved by the voting Assembly will help the government work better by identifying how administrative agencies can make their procedures more fair, effective, and efficient. Congratulations to everyone who helped make this happen.”

The ACUS Assembly adopted the following four recommendations:

Recommendation 2024-1: Choice of Forum for Judicial Review of Agency Rules.  This recommendation identifies a principle that should guide Congress in choosing the appropriate forum for judicial review of agency rules. It also identifies common statutory ambiguities that Congress should avoid in drafting new or amending existing recommendations. Additional information is available here. 

Recommendation 2024-2: Individualized Guidance. This recommendation examines best practices to promote fairness, accuracy, and efficiency in agency processes for providing written guidance in response to requests for advice from members of the public. It addresses processes for members of the public to request individualized guidance from agencies; agency practices for drafting responses to such requests, including the personnel involved and mechanisms to ensure accuracy and consistency; the public availability of individualized guidance documents; and policies regarding whether and when agencies should allow members of the public to rely on individualized guidance. Additional information is available here.

Recommendation 2024-3: Senate-Confirmed Officials and Administrative Adjudication. This recommendation examines, as a legal and practical matter, whether, when, how, and how often agency heads and other Senate-confirmed officials participate in the adjudication of cases across a range of federal administrative programs. For agencies that have decided to provide or are considering providing for participation by Senate-confirmed officials in the adjudication of individual cases, the proposed recommendation identifies principles and practicalities that agencies should consider in structuring such participation and provides best practices for developing and communicating relevant policies regarding such participation. This proposed recommendation does not address whether agencies should, for constitutional or other reasons, provide for participation by Senate-confirmed officials in specific programs. Additional information is available here.

Recommendation 2024-4: Agency Management of Congressional Consitituent Service Inquiries. This recommendation examines how federal agencies receive, process, and respond to congressional inquiries made on behalf of constituents who need assistance accessing federal programs or navigating adjudicative and other similar administrative processes. It identifies best practices for agencies to promote quality, efficiency, and timeliness in their procedures for responding to such inquiries. Among other topics, the proposed recommendation addresses the scope, content, internal dissemination, and public availability of these procedures where adopted. Additional information is available here.

About ACUS 

The Administrative Conference of the United States is an independent, non-partisan federal agency within the executive branch dedicated to improving administrative law and federal regulatory processes. It conducts applied research, and provides expert recommendations and other advice, to improve federal agency procedures. Its membership is composed of senior federal officials, academics, and other experts from the private sector. Since 1968, ACUS has issued hundreds of recommendations, published reports and reference guides, and organized forums to improve the efficiency, adequacy, and fairness of administrative processes such as rulemaking and adjudication. Many have resulted in reforms by federal agencies, the President, Congress, and the Judicial Conference of the United States. Learn more at www.acus.gov.

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