ACUS has released its newest Information Interchange Bulletin: Recordkeeping in Informal Rulemaking.
The Bulletin provides a high-level overview of how agencies manage and compile documents and other materials during the notice-and-comment rulemaking process. It explains internal rulemaking records, public rulemaking dockets, administrative records for judicial review, agency litigation webpages, and federal records management requirements.
The Bulletin draws on nine ACUS recommendations since 2011, including two adopted at the December 2020 plenary session: Protected Materials in Public Rulemaking Dockets and Agency Litigation Webpages. A separate ACUS Working Group is developing materials that will help agencies develop guidance for officials responsible for compiling rulemaking records.
ACUS’s Office of the Chairman releases new Information Interchange Bulletins on an ongoing basis. Previous Bulletins have covered topics such as Federal Register publication requirements, acting agency officials, agency bid protests, and incorporation by reference. All past and future Bulletins are available on our dedicated Information Interchange Bulletin webpage.