Guidance to Federal Agencies

ACUS staff provides quick-response assistance (consultation, memoranda, briefing for agency lawyers, etc) to agencies on matters involving rulemaking, adjudication, and other administrative procedures.

ACUS will continue to arrange with specific agencies to prepare reports (through staff or outside consultants) analyzing and suggesting reforms to their administrative programs. Reports prepared after 2010 can be found on this page (

For assistance, agencies should contact the ACUS Research Director, Reeve Bull (, or the ACUS Executive Director, Matt Wiener (  


Examples of Agency Guidance Initiatives Include:

Public-Private Partnerships (Recommendation 2018-8)

This recommendation offers agencies guidance on legal and practical considerations for participating in public-private partnerships. It commends to agencies a Guide to Legal Issues Involved in Public-Private Partnerships at the Federal Level, which provides guidance on the key legal questions agencies encounter in the operation of public-private partnerships, and proposes mechanisms that would allow agencies to share resources and best practices with one another when creating and administering such partnerships. 

Table of Executive Agency Requirements

The table identifies all extant executive orders that apply to most agencies’ notice-and-comment rulemaking.

Social Security Administration Representative Payee Program: Information Sharing with States

In April 2018, the President signed into law the “Strengthening Protections for Social Security Beneficiaries Act of 2018” following its unanimous passage in both the United States Senate and House of Representatives (press release). 

Training for Public Health Division, HHS Office of the General Counsel

ACUS staff conducted a training session for the Public Health Division of the Office of General Counsel, U.S. Department of Health and Human Services, on three rulemaking topics: ACUS Recommendation 2013-4 (Administrative Record in Informal Rulemaking), ACUS Recommendation 2014-4 ("Ex Parte" Communications in Informal Rulemaking), and the logical outgrowth doctrine.