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
Comment from Consultative Group Member Alan Morrison on Disclosure of Agency Legal Materials 12.1.22 Public Comment Download
Comment from Consultative Group Member Courtney E Mallon 6 28 2022 Public Comment Download
Comment from Committee Member Ami Grace-Tardy on Disclosure of Agency Legal Materials 4.26.23 Public Comment Download
Comment from Consultative Group Member Courtney Mallon 8 16 2022 Public Comment Download
Comment from Consultative Group Member Edmund C. Baird 8 15 2022 Public Comment Download
Comments on Disclosure of Agency Legal Materials from Senior Fellow Alan Morrison 5.8.23 Public Comment Download
Response to RFI from Anonymous 5 17 2022 Public Comment Download
Response to RFI from Sean Croston 5 16 2022 Public Comment Download
Comment from Committee Member Burke Kappler on Disclosure of Agency Legal Materials 4.14.23 Public Comment Download
Response to RFI from Senior Fellow Peter L. Strauss 5 17 2022 Member Comment Download
Comment from Consultative Group Member Peter L. Strauss 7 21 2022 Member Comment Download
Comments from Senior Fellow Alan Morrison on Disclosure of Agency Legal Materials Member Comment Download
Comments from Government Member Stephanie Tatham on Disclosure of Agency Legal Materials Member Comment Download
Comment from Consultative Group Member Alan B. Morrison 8 24 2022 Member Comment Download
Comment from Consultative Group Member H. Russell Frisby, Jr. 6 7 2022 Member Comment Download
Comment from Consultative Group Member Peter L. Strauss 5 19 2022 Member Comment Download
Comment from Consultative Group Member Roxanne L. Rothschild 6 7 2022 Member Comment Download
Comment from Consultative Group Member Steph J. Tatham 8 16 2022 Member Comment Download
Comment from Consultative Group Member Thomas M. Susman 6 9 2022 Member Comment Download
Comment from Consultative Group Member Thomas M. Susman 7 29 2022 Member Comment Download
Response to RFI from OSHA 7 29 2022 Member Comment Download
RFI: Disclosure of Agency Legal Materials Notice Download

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