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
Disclosure of Agency Legal Materials RFP RFP Download Disclosure of Agency Legal Materials RFP
Disclosure of Agency Legal Materials - For Plenary - Clean Recommendation Download Disclosure of Agency Legal Materials - For Plenary - Clean
Disclosure of Agency Legal Materials Consultants' Draft Recommendations Recommendation Download Disclosure of Agency Legal Materials Consultants' Draft Recommendations
Proactive Disclosure of Agency Legal Materials Recommendation Download Proactive Disclosure of Agency Legal Materials
Disclosure of Agency Legal Materials Executive Summary and Tentative Recommendations Recommendation Download Disclosure of Agency Legal Materials Executive Summary and Tentative Recommendations
Disclosure of Agency Legal Materials Draft Recommendation 04.14.2023 Recommendation Download Disclosure of Agency Legal Materials Draft Recommendation 04.14.2023
Disclosure of Agency Legal Materials Draft Recommendation for Committee 5.5.2023 Recommendation Download Disclosure of Agency Legal Materials Draft Recommendation for Committee 5.5.2023
Disclosure of Agency Legal Materials Draft Recommendation from Committee 5.10.23 Recommendation Download Disclosure of Agency Legal Materials Draft Recommendation from Committee 5.10.23
Disclosure of Agency Legal Materials (Final Report) Ad Hoc Report Download Disclosure of Agency Legal Materials (Final Report)
Draft Report on Disclosure of Agency Legal Materials Report Download Draft Report on Disclosure of Agency Legal Materials
Disclosure of Agency Legal Materials Consolidated Consultative Group Meeting Minutes Meeting Minutes Download Disclosure of Agency Legal Materials Consolidated Consultative Group Meeting Minutes
Disclosure of Agency Legal Materials Consultative Group Meeting Minutes 12.12.2022 Meeting Minutes Download Disclosure of Agency Legal Materials Consultative Group Meeting Minutes 12.12.2022
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 Senior Fellow Peter L. Strauss 5 17 2022 Comment Download Response to RFI from Senior Fellow Peter L. Strauss 5 17 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 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 Toby Dorsey on Disclosure of Agency Legal Materials Comment Download Comment from Consultative Group Member Toby Dorsey on Disclosure of Agency Legal Materials
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
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
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
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
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
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
Response to RFI from Project on Government Oversight 7 18 2022 Comment Download Response to RFI from Project on Government Oversight 7 18 2022
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 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
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
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
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
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