Contractors in Rulemaking

Recommendation 2022-1, Contractors in Rulemaking  identifies best practices for managing contractors that assist agencies in the rulemaking process. It recommends that agencies exercise proper oversight to avoid contracting out inherently governmental functions or other activities that should be performed by federal employees, clearly delineate responsibility between contractors and agency staff, institute safeguards to prevent or remediate conflicts of interest, and ensure transparency in connection with their contracting activities.

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Final Recommendation

  • Recommendation number: 2022-1
  • Adopted on: June 16, 2022
  • Committees: Rulemaking
Executive Summary

Agencies rely on private contractors to perform many kinds of services in support of their rulemaking activities. These services can occur at any stage of the rulemaking process. They also vary in levels of complexity, ranging from relatively simple tasks such as sorting public comments to more complex matters such as preparing regulatory impact analyses or initial drafts of regulations. While there may be...

Project Documents

Name Committee Type Date
Contractors in Rulemaking Rulemaking Recommendation June 28, 2022 Download
Plenary Redline for Contractors in Rulemaking Rulemaking Recommendation June 13, 2022 Download
Comment from Public Member Jack Beermann on Contractors in Rulemaking Rulemaking Member Comment June 9, 2022 Download
Comment from Senior Fellow Alan Morrison on Contractors in Rulemaking Rulemaking Member Comment June 3, 2022 Download
Plenary Clean for Contractors in Rulemaking Rulemaking Recommendation June 3, 2022 Download
Final Report on Contractors in Rulemaking Rulemaking Report May 10, 2022 Download
Proposed Recommendation from Committee - Contractors in Rulemaking Rulemaking Recommendation May 9, 2022 Download
Agenda for April 25, 2022 Meeting Rulemaking Agenda April 25, 2022 Download
Contractors in Rulemaking - Draft Recommendation for April 25, 2022 Meeting Rulemaking Recommendation April 18, 2022 Download
Comment from Senior Fellow Richard J. Pierce on Contractors in Rulemaking #2 Rulemaking Member Comment April 11, 2022 Download
Agenda for April 12, 2022 Meeting Rulemaking Agenda April 8, 2022 Download
Contractors in Rulemaking - Draft Recommendation for April 12, 2022 Meeting Rulemaking Recommendation April 8, 2022 Download
Comment from Government Member Stephanie Tatham on Contractors in Rulemaking Rulemaking Member Comment March 24, 2022 Download
Comment from Senior Fellow Richard J. Pierce on Contractors in Rulemaking Rulemaking Member Comment March 23, 2022 Download
Agenda for March 24, 2022 Meeting Rulemaking Agenda March 22, 2022 Download
Contractors in Rulemaking - Draft Recommendation for March 24, 2022 Meeting Rulemaking Recommendation March 22, 2022 Download
Draft Report on Contractors in Rulemaking Rulemaking Report March 17, 2022 Download

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