Join the ACUS Team

The Administrative Conference of the United States (ACUS) is actively recruiting up to two experienced attorney advisors to join our dynamic team of administrative law practitioners.

The ideal candidate must have at least five years of professional experience working in the fields of administrative law or regulation (qualifying for a Series 0905 GS 13/14) and more than one year of experience working as an attorney in a setting requiring them to independently manage a portfolio of projects—or possess a demonstrated academic background in administrative law and regulatory procedure.

We encourage lawyers who may be interested in joining ACUS as an Attorney Advisor to send a brief letter, accompanied by a resume and law school transcript (official or unofficial), expressing their interest and identifying the approximate date on which they would be available to start. Letters should be addressed to Jeremy Graboyes, Research Director, and emailed to info@acus.gov. All complete applications received by 11:59pm ET on Monday, February 19, 2024, will receive consideration.

ACUS welcomes expressions of interest from lawyers who hold fixed-term positions—such as judicial clerkships and academic fellowships—that may not end in the near future.

ACUS Seeks Consultants for Three New Assembly Projects

ACUS is seeking proposals from parties interested in serving as a consultant to the Conference on three new projects directed toward the development of formal recommendations.

The consultant(s) for each project will, among other things, prepare a report, work with a committee of ACUS members (including senior government officials, renowned scholars, and top practitioners from the private sector) to produce recommendations to federal agencies and/or Congress, and participate in a plenary session of the full ACUS membership in either December 2024 or June 2025.

Proposals must be received by 5 p.m. ET on February 23, 2024, to be guaranteed consideration.

Agency Investigative Procedures

Through this project, ACUS will survey regulatory agencies’ procedures for conducting pre-enforcement investigations of possible noncompliance by regulated entities and recommend best practices to promote accuracy, efficiency, and fairness in such investigations.

Among other topics, the project will address agency practices for the selection of enforcement targets and initiation of investigations; the exchange of evidence and arguments between the agency and the targets of investigations; the issuance of subpoenas and warrants; standards by which enforcement personnel consider evidence; public and nonpublic proceedings; negotiation and settlement procedures; standards by which enforcement personnel consider whether to terminate an investigation, negotiate with the target of an investigation, or pursue an enforcement action in an administrative or judicial tribunal; and the preparation and communication of recommendations that agencies take no further action, settle, or issue a complaint.

For additional information on this project—including how to submit a proposal, tentative deadlines, and consultant compensation—please refer to the request for proposals, which is available now on the ACUS website.

Decisional Disparities in Administrative Adjudication

Federal auditors and private-sector researchers studying agency enforcement and adjudication decisions have found unexpected disparities in such proceedings based on characteristics such as race, ethnicity, national origin, sex, disability, religion, and political affiliation. Disparities may result from factors such as explicit or implicit bias, facially neutral administrative policies that disproportionately burden members of certain communities, and biases embedded in artificial intelligence or other automated decision making systems.

ACUS is undertaking this project to study and recommend best practices that agencies can employ to detect and address unwarranted disparities in enforcement and adjudication decisions within the federal administrative programs they administer.

Among other topics, the project will address how agencies detect decisional disparities in administrative enforcement and adjudication, determine the origins of decisional disparities, and determine if disparities are unwarranted. The project will also examine what actions agencies take to address unwarranted decisional disparities. If warranted, the project may also recommend statutory reforms to improve the collection and analysis of information for such purposes.

For additional information on this project—including how to submit a proposal, tentative deadlines, and consultant compensation—please refer to the request for proposals, which is available now on the ACUS website.

Regional Administration of Regulatory Programs

While most regulatory agencies centrally administer nationwide programs, many others manage such programs through a network of regional offices. Regional offices perform a variety of tasks, from implementing regulatory policies, making determinations on permit applications and overseeing field operations, to conducting investigations and enforcement proceedings.

Through this project, ACUS will examine agency approaches to regional administration of regulatory programs and offer a set of broadly applicable best practices to assist regulatory agencies in improving the fairness, efficiency, and effectiveness of their regional administration arrangements. If warranted, the project may also recommend statutory reforms to Congress.

Among other topics, the project will address how much discretion and authority agencies delegate to regional offices; how agencies develop and disclose policies governing the relationship between regional and central offices; how regional offices develop and disclose local policies; and how agencies coordinate and oversee regional operations.

For additional information on this project—including how to submit a proposal, tentative deadlines, and consultant compensation—please refer to the request for proposals, which is available now on the ACUS website.

---

This post is part of the Administrative Conference Update series, which highlights new and continuing projects, upcoming committee meetings, proposed and recently adopted recommendations, and other news about the Administrative Conference of the United States. The series is further explained here, and all prior posts in the series can be found here.

Conrad Dryland is an Attorney Advisor & Special Counsel to the Chair at the Administrative Conference of the United States. Any views expressed belong to the author and do not necessarily represent the views of the Administrative Conference or the federal government.