Proactive Disclosure of Agency Legal Materials

Recommendations 2023-1, Proactive Disclosure of Agency Legal Materials – identifies statutory reforms that, if enacted by Congress, would provide clear standards as to what legal materials agencies must publish and where agencies must publish those legal materials (whether in the Federal Register, on the agency's website, or elsewhere). The amendments also account for technological developments and correct certain statutory ambiguities and drafting errors. The objective of these amendments would ensure that agencies provide readily-available public access to important legal materials in the most efficient way possible.

An Ad Hoc Committee considered this project in spring 2023.

Recommended Citation: Admin. Conf. of the U.S., Recommendation 2023-1, Proactive Disclosure of Agency Legal Materials, 88 Fed. Reg. 42,678 (July 3, 2023).

Featured Documents:

Final Recommendation:

Project Documents

Name Committee Type Date File
Agenda for March 29, 2023 Meeting Agenda Download
Disclosure of Agency Legal Materials RFP RFP Download
Disclosure of Agency Legal Materials - For Plenary - Clean Recommendation Download
Disclosure of Agency Legal Materials Consultants' Draft Recommendations Recommendation Download
Proactive Disclosure of Agency Legal Materials Recommendation Download
Disclosure of Agency Legal Materials Executive Summary and Tentative Recommendations Recommendation Download
Disclosure of Agency Legal Materials Draft Recommendation 04.14.2023 Recommendation Download
Disclosure of Agency Legal Materials Draft Recommendation for Committee 5.5.2023 Recommendation Download
Disclosure of Agency Legal Materials Draft Recommendation from Committee 5.10.23 Recommendation Download
Disclosure of Agency Legal Materials Final Report 5.30.2023 Report Download
Draft Report on Disclosure of Agency Legal Materials Report Download
Disclosure of Agency Legal Materials Consolidated Consultative Group Meeting Minutes Meeting Minutes Download
Disclosure of Agency Legal Materials Consultative Group Meeting Minutes 12.12.2022 Meeting Minutes Download
Response to RFI from Robert E. Rutkowski 7 29 2022 Public Comment Download
Response to RFI from Jeramie Scott, Jake Wiener, and John Davisson (EPIC) 7 18 2022 Public Comment Download
Comment from Consultative Group Member Toby Dorsey on Disclosure of Agency Legal Materials Public Comment Download
Response to RFI from Citizens for Responsibility and Ethics in Washington 7 18 2022 Public Comment Download
Response to RFI from Daryl Joseffer (U.S. Chamber of Commerce Litigation Center) 7 18 2022 Public Comment Download
Comment from Liaison Representative Bill Funk on Disclosure of Agency Legal Materials 3.28.23 Public Comment Download
Comment from Consultative Group Member Burke Kappler on Disclosure of Agency Legal Materials 12.9.22 Public Comment Download
Response to RFI from Project on Government Oversight 7 18 2022 Public Comment Download
Comment from the Environmental Protection Agency on Disclosure of Agency Legal Materials 3.29.23 Public Comment Download
Comment from Consultative Group Member Nina Mendelson on Disclosure of Agency Legal Materials 12.6.22 Public Comment Download
Response to RFI from Reporters Committee for Freedom of the Press 7 18 2022 Public Comment Download
Comment from the National Labor Relations Board on Disclosure of Agency Legal Materials 3.29.23 Public Comment Download
Comment from Consultative Group Member Peter Strauss on Disclosure of Agency Legal Materials 12.2.22 Public Comment Download
Response to RFI from Diane M. Rodriguez (AALLs) 7 12 2022 Public Comment Download
Comment from Senior Fellow Alan Morrison on Disclosure of Agency Legal Materials 3.29.23 Public Comment Download
Response to RFI from Adina H. Rosenbaum (Public Citizen) 7 11 2022 Public Comment Download
Comments from Senior Fellow Allison Zieve on Disclosure of Agency Legal Materials 3.30.23 Public Comment Download

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