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
Agenda for March 29, 2023 Meeting Agenda Download Agenda for March 29, 2023 Meeting
Comment from Committee Member Ami Grace-Tardy on Disclosure of Agency Legal Materials 4.26.23 Comment Download Comment from Committee Member Ami Grace-Tardy on Disclosure of Agency Legal Materials 4.26.23
Comment from Committee Member Burke Kappler on Disclosure of Agency Legal Materials 4.14.23 Comment Download Comment from Committee Member Burke Kappler on Disclosure of Agency Legal Materials 4.14.23
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 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
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 Courtney Mallon 8 16 2022 Comment Download Comment from Consultative Group Member Courtney Mallon 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 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 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 Peter L. Strauss 5 19 2022 Comment Download Comment from Consultative Group Member Peter L. Strauss 5 19 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
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
Comment from Consultative Group Member Roxanne L. Rothschild 6 7 2022 Comment Download Comment from Consultative Group Member Roxanne L. Rothschild 6 7 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 Thomas M. Susman 6 9 2022 Comment Download Comment from Consultative Group Member Thomas M. Susman 6 9 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 Toby Dorsey on Disclosure of Agency Legal Materials Comment Download Comment from Consultative Group Member Toby Dorsey on Disclosure of Agency Legal Materials
Comment from Liaison Representative Bill Funk on Disclosure of Agency Legal Materials 3.28.23 Comment Download Comment from Liaison Representative Bill Funk on Disclosure of Agency Legal Materials 3.28.23
Comment from Senior Fellow Alan Morrison on Disclosure of Agency Legal Materials 3.29.23 Comment Download Comment from Senior Fellow Alan Morrison on Disclosure of Agency Legal Materials 3.29.23
Comment from the Environmental Protection Agency on Disclosure of Agency Legal Materials 3.29.23 Comment Download Comment from the Environmental Protection Agency on Disclosure of Agency Legal Materials 3.29.23
Comment from the National Labor Relations Board on Disclosure of Agency Legal Materials 3.29.23 Comment Download Comment from the National Labor Relations Board on Disclosure of Agency Legal Materials 3.29.23
Comments from Government Member Stephanie Tatham on Disclosure of Agency Legal Materials Comment Download Comments from Government Member Stephanie Tatham on Disclosure of Agency Legal Materials
Comments from Senior Fellow Alan Morrison on Disclosure of Agency Legal Materials Comment Download Comments from Senior Fellow Alan Morrison on Disclosure of Agency Legal Materials
Comments from Senior Fellow Allison Zieve on Disclosure of Agency Legal Materials 3.30.23 Comment Download Comments from Senior Fellow Allison Zieve on Disclosure of Agency Legal Materials 3.30.23
Comments on Disclosure of Agency Legal Materials from Senior Fellow Alan Morrison 5.8.23 Comment Download Comments on Disclosure of Agency Legal Materials from Senior Fellow Alan Morrison 5.8.23
Disclosure of Agency Legal Materials (Final Report) Ad Hoc Report Download Disclosure of Agency Legal Materials (Final Report)
Disclosure of Agency Legal Materials - For Plenary - Clean Recommendation Download Disclosure of Agency Legal Materials - For Plenary - Clean
Disclosure of Agency Legal Materials Consolidated Consultative Group Meeting Minutes Meeting Minutes Download Disclosure of Agency Legal Materials Consolidated Consultative Group Meeting Minutes
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