This monthly newsletter provides a roundup of recent, ongoing, and upcoming initiatives from the Administrative Conference of the United States.

In this issue:

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ACUS Adopts Four New Recommendations

The 85th Plenary Session took place on Thursday, June 11, culminating in the adoption of four new recommendations to improve the efficiency, adequacy, fairness, and transparency of administrative programs and processes.

Recommendation 2026-5, Interagency Communication in Agency Rulemaking . This recommendation addresses how agencies communicate with each other throughout the rulemaking process-especially outside the formal interagency review processes administered by the Office of Information and Regulatory Affairs-and offers a set of best practices for agencies that promote accuracy, efficiency, and transparency. Among other topics, the recommendation addresses when and on what matters agencies should proactively seek input from other agencies, how agencies should engage with other agencies, how agencies should consider and use input received from other agencies, and what communications agencies should make part of the public rulemaking docket and administrative record for judicial review. Additional information is available here.

Recommendation 2026-6, Best Practices for Drafting Regulatory Preambles in Light of Judicial Review . This recommendation identifies best practices for drafting rulemaking preambles in light of recent developments in how courts review agency rules. To promote improved understanding of agency decision making by the public, courts, and Congress, the recommendation identifies best practices to help agencies explain, in the preambles to proposed and final rules, how they determined their legal authority, evaluated the rulemaking record, and reached policy decisions. Additional information is available here.

Recommendation 2026-7, Agreements Between Agencies with Related Regulatory Responsibilities . This recommendation examines how agencies use memoranda of understanding (MOUs) to coordinate with other agencies operating in shared regulatory space. It identifies best practices to assist agencies in using, developing, managing the implementation of, and disclosing MOUs in a manner that promotes accuracy, fairness, efficiency, transparency, and accountability. Among other topics, the recommendation considers the goals that agencies seek to achieve through MOUs; processes for negotiating, drafting, and structuring MOUs; practices for managing and monitoring the implementation of MOUs; and standards for making MOUs publicly available. Additional information is available here.

Recommendation 2026-8, Effectuation of Awards of Recurring Monetary Benefits . This recommendation addresses how agencies that administer programs of monetary benefits effectuate payment following an award of benefits and identifies best practices that promote accuracy, efficiency, timeliness, transparency, and fairness. Among other topics, the recommendation identifies best practices for determining benefits amounts; making payments; improving access to information about effectuation; communicating effectively with claimants and representatives promoting quality assurance practices; and using technology to make effectuation processes more accurate, efficient, and timely. Additional information is available here.

Requests for Proposals for Two Projects

ACUS is seeking consultants for three new recommendation projects. Proposals must be received by July 10, 5:00 p.m. to be guaranteed consideration:

Discovery in Agency Adjudication . This project examines the diversity of agency rules and practices and will make recommendations that agencies can use to develop rules and practices that best promote fairness, efficiency, accuracy, and timeliness in the types of proceedings they conduct. Among other things, the project examines the availability of and limitations on discovery tools (e.g., depositions, interrogatories, requests for production, requests for admission) as well as protective orders and subpoenas; strategies adjudicators use to manage discovery; the use of technology to facilitate and streamline discovery; and the availability of discovery-related resources for adjudicators, parties, and representatives. Given the diversity of agency adjudications, the project will identify factors that agencies should consider in determining which rules and practices are appropriate for the types of proceedings they conduct.

Preventing, Detecting, and Resolving Improper Payments in Federally Administered Programs . This project examines how agencies prevent, detect, and resolve improper payments in federally administered programs under which the federal government disburses funds directly to private individuals and organizations for their own use. Among other topics, the project studies the protocols and systems agencies have in place for preventing improper payments from occurring and detecting improper payments that do occur, as well as processes for resolving improper payments when they occur (e.g., appeals, requests for waivers, payment plans).

Proposals must be received by July 10, 5:00 p.m. to be guaranteed consideration. Please contact Research Director Jeremy Graboyes ([email protected]) with any questions.

Request for Comments on Frontline Decision Making

ACUS is requesting information as part of the ongoing project Frontline Decision Making in the Adjudication of Applications. We encourage you to send your comments to [email protected] by June 26.

This project identifies best practices for frontline decision making in the adjudication of benefits, loans, grants, licenses, and other applications in which there is a later opportunity for an evidentiary hearing. Among other topics, it examines the personnel involved in frontline processes; the processes used to develop records and decide cases prior to the hearing stage; the relationship between frontline and hearing-level proceedings, including how evidence obtained and findings made in frontline proceedings may be used at the hearing level; the development and communication of relevant policies; quality assurance and strategies for promoting timeliness; and interactions between frontline components and other agency components, including those responsible for more formal adjudication and policy development.

Professor Amy Widman (Rutgers Law School) is serving as the consultant for this project.