ACUS Announces Study of Disclosure of Agency Legal Materials, Requests Public Input

Contact: Harry M. Seidman

ACUS Announces Study of Disclosure of Agency Legal Materials, Requests Public Input

Washington, D.C., May 16, 2022 – The Administrative Conference of the United States (ACUS) has launched a new project to consider whether Congress should amend the Freedom of Information Act and other statutes governing the disclosure of federal agency legal materials to consolidate and harmonize overlapping requirements, account for technological developments, correct statutory ambiguities and drafting errors, and address other potential problems that may be identified.

ACUS has engaged five prominent scholars to prepare a research report as part of the project: Bernard Bell (Rutgers Law School), Cary Coglianese (University of Pennsylvania Law School), Michael Herz (Cardozo School of Law), Margaret Kwoka (Ohio State University Moritz College of Law), and Orly Lobel (University of San Diego School of Law).

ACUS is also soliciting public input on key questions related to the public availability of agency legal materials such as regulations, guidance documents, and adjudicative decisions. A request for information will be published in the Federal Register next week. The request is also available on ACUS’s website at All interested persons are encouraged to submit views, data, and other information.

If warranted, the project will recommend statutory reforms to provide clear standards as to what legal materials agencies must publish and where they must publish them. The objective of any recommended amendments will be to ensure that agencies provide ready public access to important legal materials in the most efficient way possible.

To learn more about the project and follow its progress, visit

This project builds on several previous projects in which ACUS has recommended best practices for disclosing agency records such as guidance documents, rules of practice, adjudicative decisions, and litigation materials. Learn more at

About ACUS

The Administrative Conference of the United States is an independent federal agency dedicated to improving the administrative process through consensus-driven applied research and providing nonpartisan expert advice and recommendations for federal agency procedures. Its membership is composed of senior federal officials, academics, and other experts from the private sector. Except for the Chairman, all Conference Members are unpaid.

The Conference is committed to promoting effective public participation and efficiency in the rulemaking process by leveraging interactive technologies and encouraging open communication with the public as well as making improvements to the regulatory process by reducing unnecessary litigation, and improving the use of science and the effectiveness of applicable laws.

Learn more at

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