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).

Contacts:

Implementation Contact

Final Recommendation:

Proactive Disclosure of Agency Legal Materials

Recommendation number
2023-1
Adoption Date

Executive Summary

Project Documents

Name Committee Type Date File
Disclosure of Agency Legal Materials RFP RFP Download Disclosure of Agency Legal Materials RFP
RFI: Disclosure of Agency Legal Materials Notice Download RFI: Disclosure of Agency Legal Materials
Response to RFI from Sean Croston 5 16 2022 Comment Download Response to RFI from Sean Croston 5 16 2022
Response to RFI from Senior Fellow Peter L. Strauss 5 17 2022 Comment Download Response to RFI from Senior Fellow Peter L. Strauss 5 17 2022
Response to RFI from Anonymous 5 17 2022 Comment Download Response to RFI from Anonymous 5 17 2022
Comment from Consultative Group Member H. Russell Frisby, Jr. 6 7 2022 Comment Download Comment from Consultative Group Member H. Russell Frisby, Jr. 6 7 2022
Comment from Consultative Group Member Thomas M. Susman 6 9 2022 Comment Download Comment from Consultative Group Member Thomas M. Susman 6 9 2022
Comment from Consultative Group Member Peter L. Strauss 5 19 2022 Comment Download Comment from Consultative Group Member Peter L. Strauss 5 19 2022
Comment from Consultative Group Member Courtney E Mallon 6 28 2022 Comment Download Comment from Consultative Group Member Courtney E Mallon 6 28 2022
Comment from Consultative Group Member Roxanne L. Rothschild 6 7 2022 Comment Download Comment from Consultative Group Member Roxanne L. Rothschild 6 7 2022
Response to RFI from Adina H. Rosenbaum (Public Citizen) 7 11 2022 Comment Download Response to RFI from Adina H. Rosenbaum (Public Citizen) 7 11 2022
Response to RFI from Diane M. Rodriguez (AALLs) 7 12 2022 Comment Download Response to RFI from Diane M. Rodriguez (AALLs) 7 12 2022
Response to RFI from Project on Government Oversight 7 18 2022 Comment Download Response to RFI from Project on Government Oversight 7 18 2022
Response to RFI from Citizens for Responsibility and Ethics in Washington 7 18 2022 Comment Download Response to RFI from Citizens for Responsibility and Ethics in Washington 7 18 2022
Response to RFI from Reporters Committee for Freedom of the Press 7 18 2022 Comment Download Response to RFI from Reporters Committee for Freedom of the Press 7 18 2022
Response to RFI from Daryl Joseffer (U.S. Chamber of Commerce Litigation Center) 7 18 2022 Comment Download Response to RFI from Daryl Joseffer (U.S. Chamber of Commerce Litigation Center) 7 18 2022
Response to RFI from Jeramie Scott, Jake Wiener, and John Davisson (EPIC) 7 18 2022 Comment Download Response to RFI from Jeramie Scott, Jake Wiener, and John Davisson (EPIC) 7 18 2022
Comment from Consultative Group Member Peter L. Strauss 7 21 2022 Comment Download Comment from Consultative Group Member Peter L. Strauss 7 21 2022
Response to RFI from Robert E. Rutkowski 7 29 2022 Comment Download Response to RFI from Robert E. Rutkowski 7 29 2022
Response to RFI from OSHA 7 29 2022 Comment Download Response to RFI from OSHA 7 29 2022
Comment from Consultative Group Member Thomas M. Susman 7 29 2022 Comment Download Comment from Consultative Group Member Thomas M. Susman 7 29 2022
Comment from Consultative Group Member Steph J. Tatham 8 16 2022 Comment Download Comment from Consultative Group Member Steph J. Tatham 8 16 2022
Comment from Consultative Group Member Edmund C. Baird 8 15 2022 Comment Download Comment from Consultative Group Member Edmund C. Baird 8 15 2022
Comment from Consultative Group Member Courtney Mallon 8 16 2022 Comment Download Comment from Consultative Group Member Courtney Mallon 8 16 2022
Comment from Consultative Group Member Alan B. Morrison 8 24 2022 Comment Download Comment from Consultative Group Member Alan B. Morrison 8 24 2022
Comment from Consultative Group Member Alan Morrison on Disclosure of Agency Legal Materials 12.1.22 Comment Download Comment from Consultative Group Member Alan Morrison on Disclosure of Agency Legal Materials 12.1.22
Comment from Consultative Group Member Peter Strauss on Disclosure of Agency Legal Materials 12.2.22 Comment Download Comment from Consultative Group Member Peter Strauss on Disclosure of Agency Legal Materials 12.2.22
Disclosure of Agency Legal Materials Executive Summary and Tentative Recommendations Recommendation Download Disclosure of Agency Legal Materials Executive Summary and Tentative Recommendations
Comment from Consultative Group Member Nina Mendelson on Disclosure of Agency Legal Materials 12.6.22 Comment Download Comment from Consultative Group Member Nina Mendelson on Disclosure of Agency Legal Materials 12.6.22
Comment from Consultative Group Member Burke Kappler on Disclosure of Agency Legal Materials 12.9.22 Comment Download Comment from Consultative Group Member Burke Kappler on Disclosure of Agency Legal Materials 12.9.22
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