On June 11, 2026, the Administrative Conference of the United States (ACUS) Assembly will gather for its 85th plenary session. This hybrid meeting, held in Washington, DC, and online, marks a critical juncture for federal administrative procedure. The agenda features the consideration of four proposed recommendations designed to enhance how federal agencies operate, communicate, and deliver services. This initiative reflects ACUS's statutory mandate to improve the efficiency, fairness, and transparency of government administration.
The Administrative Conference of the United States: A Mandate for Better Governance
ACUS operates as an independent federal agency dedicated to improving administrative processes across the federal government. Established under 5 U.S.C. 594, its Assembly, composed of government and private sector experts, develops non-partisan recommendations for federal agencies, the President, Congress, and the Judicial Conference of the United States. This unique mandate positions ACUS as a crucial institution for continuous review and refinement of the federal government's interactions with the public and its own internal workings. The plenary session serves as the primary forum where these expert-driven proposals are deliberated and formalized.
Targeting Key Areas of Administrative Practice
The upcoming plenary session will delve into specific, complex areas of administrative practice that are central to effective governance. The four proposed recommendations each address distinct challenges within the federal bureaucracy.
Regulatory Preambles and Judicial Review
One significant recommendation focuses on best practices for drafting rulemaking preambles. In an era of heightened judicial scrutiny of agency rules, the preamble often serves as the primary document courts examine to understand an agency's rationale, legal authority, and consideration of the rulemaking record. The proposed guidance aims to help agencies more clearly articulate their decision-making process, the evidence they considered, and the policy choices they made. This clarity is vital for improving public understanding, facilitating congressional oversight, and strengthening the legal defensibility of agency actions in court. By enhancing the quality of preambles, ACUS seeks to foster greater trust and reduce ambiguity in the regulatory process.
Streamlining Interagency Communication in Rulemaking
Another key proposal examines how federal agencies communicate with each other throughout the rulemaking process, particularly outside the formal interagency review mechanisms administered by the Office of Information and Regulatory Affairs (OIRA). The federal government's complex structure often necessitates coordination among agencies with overlapping jurisdictions or expertise. This recommendation seeks to establish best practices for proactive information sharing, effective engagement, and transparent documentation of these interagency communications. The goal is to promote accuracy and efficiency in rulemaking while ensuring that all relevant input is considered and, when appropriate, made part of the public record, thereby bolstering transparency.
Formalizing Interagency Coordination Through MOUs
The third recommendation addresses the use of memoranda of understanding (MOUs) as tools for agencies to coordinate with others operating in shared regulatory spaces. MOUs are frequently used to define responsibilities, allocate resources, or establish protocols for collaboration. However, their development, implementation, and public disclosure can vary widely. The proposed best practices aim to assist agencies in using, developing, managing, and disclosing MOUs in a manner that promotes accuracy, fairness, efficiency, transparency, and accountability. This includes considering the strategic goals of MOUs, robust negotiation processes, consistent management and monitoring, and standards for public availability. The intent is to make these crucial coordination instruments more effective and transparent.
Enhancing the Effectuation of Awards of Monetary Benefits
The fourth recommendation tackles the critical process of how agencies administer programs involving awards of monetary benefits. This directly impacts millions of citizens who rely on federal programs. The proposal seeks to identify best practices to ensure accuracy, efficiency, timeliness, transparency, and fairness in the payment process. This includes recommendations for determining benefit amounts, making payments, improving access to information for claimants and their representatives, fostering quality assurance practices, and leveraging technology to streamline and enhance the integrity of the effectuation process. The focus is on improving the experience for benefit recipients and reducing administrative burdens and errors.
Broader Implications for the Administrative State
The recommendations under consideration by ACUS carry significant implications for the broader landscape of federal governance. By refining practices related to regulatory preambles, ACUS aims to strengthen the legal defensibility and public intelligibility of agency rules, potentially reducing litigation and fostering greater public trust. Improved interagency communication and MOU practices could streamline complex regulatory efforts, minimizing redundancy and conflict between agencies operating in overlapping domains. The focus on monetary benefits effectuation directly impacts citizens, promising greater clarity, efficiency, and equity in the distribution of federal aid and entitlements. These efforts collectively aim to enhance the administrative state's capacity to deliver on its mandates effectively and transparently, contributing to a more coherent and accountable federal bureaucracy.
Ensuring Transparency and Public Engagement
Consistent with its mission to promote good governance, ACUS has made provisions for robust public participation in its plenary session. The hybrid format allows for both in-person attendance at The George Washington University State Room in Washington, DC, and virtual participation. The public is encouraged to RSVP for virtual access and may also submit written comments on the proposed recommendations. Submissions are due no later than 10:00 a.m. ET on Friday, June 5, 2026, to ensure consideration by the Assembly. This commitment to transparency ensures that expert analysis is complemented by public and stakeholder input, reinforcing the democratic principles underlying administrative law and policy.
