Contact: Harry M. Seidman
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ACUS Adopts Four Recommendations to Improve Efficiency, Fairness, Transparency, and Public Participation in Government Programs

Washington, D.C., June 16, 2023 – At its 79th Plenary Session on June 15, 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. 

Recommendation 2023-1: Proactive Disclosure of Agency Legal Materials. This recommendation identifies statutory reforms that, if enacted by Congress, would provide clear standards as to what legal materials agencies must publish and where they must publish them (whether in the Federal Register, on their websites, or elsewhere). The amendments would also account for technological developments and correct certain statutory ambiguities and drafting errors. The objective of these amendments would be to ensure that agencies provide ready public access to important legal materials in the most efficient way possible. Additional information is available here.

Recommendation 2023-2: Virtual Public Engagement in Agency Rulemaking. This recommendation identifies best practices to promote enhanced transparency, accessibility, and accountability when agencies use virtual tools to engage the public in connection with agency rulemaking activities. It encourages agencies to offer virtual options when it would be beneficial to do so and offers best practices for structuring virtual public engagements in a way that meets public expectations and promotes valuable input for agency decision makers. Additional information is available here.

Recommendation 2023-3: Using Algorithmic Tools in Retrospective Review of Agency Rules. This recommendation identifies best practices for agencies to consider when designing or using artificial intelligence or other algorithmic tools to identify rules that are outdated or redundant, contain typographical errors or inaccurate cross-references, or might benefit from elaboration or clarification. It also discusses how agencies can design these tools in a way that promotes transparency, public participation, and accountability. Additional information is available here.

Recommendation 2023-4: Online Processes in Agency Adjudication. This recommendation identifies best practices for developing online processes by which private parties, representatives, and other participants in agency adjudications can file forms, evidence, and briefs; view case materials and status information; receive notices and orders; and perform other common adjudicative tasks. 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

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