Feds Adopt Tips to Make Bureaucracy Slightly Less Clunky
Published Date: 2/11/2026
Notice
Summary
The Administrative Conference of the United States just adopted four smart new recommendations to help federal agencies work better and fairer. These changes affect how agencies get government records, handle temporary rules, run adjudication offices, and team up with state and local governments. The updates kick in soon and aim to save time and improve fairness without extra costs.
Analyzed Economic Effects
8 provisions identified: 7 benefits, 0 costs, 1 mixed.
Agencies must make records available
The Conference recommends that federal agencies should make relevant government records they maintain available to agency officials, other agencies, and private parties participating in agency proceedings unless a law prohibits withholding those records.
No fee requirement for records in proceedings
The Conference recommends that agencies should not charge fees for requesting and obtaining records for use in administrative proceedings unless a fee is required by law.
Encouraging interagency record sharing
The Conference recommends that when one agency regularly needs records held by another agency to determine eligibility for benefits or services, the agencies should consult, assess whether the records are fit for that use, and enter into interagency sharing agreements—and make those agreements publicly available and regularly assess them.
Temporary rules: clarity and uncertainty tradeoffs
The Conference recommends agencies use temporary rules for time-limited needs but also notes temporary rules should specify expiration dates (or explain how the public can determine an event-based expiration). It also warns that many temporary rules can undermine regulatory certainty and require the public to expend resources to monitor changes.
Adjudication offices urged to improve fairness and speed
The Conference recommends that agencies organize, manage, and operate adjudication offices using data and best practices to promote fairness, accuracy, consistency, efficiency, and timeliness in the adjudications that decide benefits, services, licenses, permits, and enforcement actions.
Agencies should prefill and share records with consent
The Conference recommends agencies supplement parties' submissions with relevant agency records when feasible, including prepopulating application forms with information previously submitted by the party or, with consent, by another federal agency.
Extensions of temporary rules require new rulemaking
The Conference recommends that extending a temporary rule should generally be a separate rulemaking that publishes a notice of proposed rulemaking, explains why the extension is proposed, and invites public comment, unless the agency finds good cause.
Stronger federal–state/local collaboration framework
The Conference recommends a framework federal agencies should use to identify and collaborate more effectively with relevant state, tribal, local, and territorial governments to promote improved coordination and strengthen working relationships.
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Key Dates
Department and Agencies
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