Classification of Agency Guidance will develop a classification system to catalog the wide array of guidance agencies issue, which can range from policy manuals to phone calls. It will also identify considerations and circumstances that lead agencies to use one type of guidance instead of another.
Members of Congress from both political parties have introduced bills designed to amend or overhaul aspects of federal administrative procedure.
The Council on Federal Agency Adjudication provides a forum for the heads of agency adjudication programs to exchange information—about procedural innovations, best management practices, and other subjects of mutual interest—that may be "useful in improving administrative procedure" (5 U.S.C. § 591). The Council also offers a forum for identifying subjects appropriate for ACUS study.
The Federal Administrative Procedure Sourcebook is an annotated compilation of the key legal sources—including the Administrative Procedure Act, the Freedom of Information Act, the Congressional Review Act, and executive orders—governing nearly every aspect of administrative procedure.
This project studies how nationwide injunctions and similar equitable remedies affect the administration of federal regulatory programs.
The Roundtable on AI in Federal Agencies will help agencies develop and improve protocols and practices for using AI tools in their administrative processes. It will provide a forum for officials representing agencies across the federal government to exchange information and best practices related to uses of AI in rulemaking, adjudication, enforcement, and other administrative processes.
The administrative procedural practices of state and local governments might provide helpful lessons for federal agencies. ACUS is soliciting information about state- and local-government practices that federal agencies may wish to consider and could feasibly adopt. Examples may include:
state-agency processes for periodic retrospective review of regulations;
The Administrative Conference of the United States (ACUS) has issued dozens of recommendations pertaining to agencies’ proactive disclosure—or disclosure without having received a request—of administrative materials. Administrative materials are records that agencies generate or receive while engaged in rulemaking, adjudication, licensing, and investigation, or that they generate during judicial review of agency rules and orders.
This project studies several issues identified but not addressed in Recommendation 2021-5, Clarifying Statutory Access to Judicial Review of Agency Action. First, it considers various questions related to the event that begins the period during which a litigant can challenge an agency action in federal court. Second, it...
