Public Availability of Inoperative Agency Guidance Documents

Recommendation 2021-7, Public Availability of Inoperative Agency Guidance Documents provides best practices for maintaining public access to agency guidance documents that are no longer in effect—that is, inoperative. It identifies factors agencies should consider in deciding whether to include certain types of inoperative guidance documents on their websites, outlines steps agencies can take to make it easier for the public to find inoperative guidance documents, and identifies ways that agencies can label and explain the significance of inoperative guidance documents.

Citation: Admin. Conf. of the U.S., Recommendation 2021-7, Public Availability of Inoperative Agency Guidance Documents, 87 Fed. Reg. 1718 (Jan. 12, 2022).

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Implementation Contact and In-House Researcher
202.480.2097
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Committee: 

Final Recommendation

  • Recommendation number: 2021-7
  • Adopted on: December 16, 2021
  • Committees: Regulation
Executive Summary

ACUS has long recommended that agencies make their guidance documents publicly available, including on their websites, and label them to indicate whether or not they remain in effect—that is, are operative. This Recommendation provides agencies best practices for maintaining public access to guidance documents that are no longer in effect—that is, are inoperative. Among other things, it recommends:

Agencies...

Project Documents

Name Committee Type Date
Meeting Agenda for Committee on Regulation Meeting 3 (Public Availability of Inoperative Agency Guidance Documents) Regulation Agenda November 8, 2021 Download
Meeting Agenda for Committee on Regulation Meeting 2 (Inoperative Guidance Documents) Regulation Agenda November 2, 2021 Download
Meeting Agenda for Committee on Regulation Meeting 10 20 2021 (Inoperative Guidance) Regulation Agenda October 19, 2021 Download
Comment from Government Member Christina E. McDonald (Public Availability of Inoperative Agency Guidance Documents) 12 10 2021 Regulation Member Comment December 10, 2021 Download
Comment from Government Member Stephanie J. Tatham on Public Availability of Inoperative Agency Guidance Documents (11 8 2021) Regulation Member Comment November 8, 2021 Download
Comment from Senior Fellow Peter L. Strauss on Public Availability of Inoperative Agency Guidance Documents (11 8 2021) Regulation Member Comment November 8, 2021 Download
Comment from Public Member Erika Lietzan (Public Availability of Inoperative Agency Guidance Documents) 11 3 2021 Regulation Member Comment November 3, 2021 Download
Comment from Carol S. Jun, alternate for Government Member Christina McDonald, on Public Availability of Inoperative Agency Guidance Documents (11 9 2021) Regulation Public Comment November 9, 2021 Download
Comment from Paul Noe on Public Availability of Inoperative Agency Guidance Documents (11 4 2021) Regulation Public Comment November 4, 2021 Download
Public Availability of Inoperative Agency Guidance Documents Regulation Recommendation December 30, 2021 Download
Public Availability of Inoperative Agency Guidance Documents Proposed Recommendation for Plenary Session REDLINE Regulation Recommendation December 10, 2021 Download
Public Availability of Inoperative Agency Guidance Documents Proposed Recommendation for Plenary Session CLEAN Regulation Recommendation December 1, 2021 Download
Public Availability of Inoperative Agency Guidance Documents Proposed Recommendation from Committee Regulation Recommendation November 23, 2021 Download
Proposed Recommendation on Public Availability of Inoperative Agency Guidance Documents CLEAN (11 8 2021) Regulation Recommendation November 8, 2021 Download
Proposed Recommendation on Public Availability of Inoperative Agency Guidance Documents REDLINE (11 8 2021) Regulation Recommendation November 8, 2021 Download
Proposed Recommendation on Inoperative Guidance Documents (CLEAN DRAFT 11 2 2021) Regulation Recommendation November 2, 2021 Download
Proposed Recommendation on Inoperative Guidance Documents (REDLINE DRAFT 11 2 2021) Regulation Recommendation November 2, 2021 Download
Proposed Recommendation on Public Availability of Inoperative Agency Guidance Documents (10 19 2021) Regulation Recommendation October 19, 2021 Download
Public Availability of Inoperative Agency Guidance Documents Final Report Regulation Report November 22, 2021 Download
Draft Report on Public Availability of Inoperative Agency Guidance Documents (10 15 2021) Regulation Report October 15, 2021 Download

Committee Meetings & Events

Committee on Regulation Meeting 3 (Public Availability of Inoperative Agency Guidance Documents) (Committee on Regulation)

November 9, 2021 - 10:00 am EST
Location name: 
The meeting will be held remotely. Please contact trubin@acus.gov for access information.

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