Working Group on Statutory Drafting: Proactive Disclosure of Agency Legal Materials

ACUS Recommendation 2023-1, Proactive Disclosure of Agency Legal Materials, identifies statutory reforms that, if enacted by Congress, would provide clear standards regarding what legal materials agencies must publish and where agencies must publish them (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. Recommendation 2023-1 further directs the Office of the Chair to “prepare and submit to Congress proposed statutory changes” that would, if enacted, implement these reforms. Consistent with that directive, the Office of the Chair has convened this Working Group to assist with its preparation of the necessary statutory revisions and ensure that the reforms transmitted to Congress faithfully and accurately implement the recommendation.


Working Group Members

  • Roxanne Rothschild, Executive Secretary, National Labor Relations Board (Co-Chair)

  • Jennifer Dickey, Deputy Chief Counsel, U.S. Chamber Litigation Center (Co-Chair)

  • Bernard Bell, Professor of Law and Herbert Hannoch Scholar, Rutgers Law School

  • Stephanie Tatham, Senior Policy Analyst & Attorney, Office of Information and Regulatory Affairs, U.S. Office of Management and Budget

  • Alan Morrison, Professorial Lecturer in Law and Lerner Family Associate Dean for Public Interest & Public Service, George Washington University Law School

  • Helen Serassio, Associate General Counsel, Cross-Cutting Issues Law Office, U.S. Environmental Protection Agency

  • Cary Coglianese, Director, Penn Program on Regulation, Edward B. Shils Professor of Law & Professor of Political Science, University of Pennsylvania Carey Law School

  • Anika Cooper, Deputy General Counsel, Surface Transportation Board

  • Allison Zieve, Director, Public Citizen Litigation Group

  • Miriam Vincent, Staff Attorney, Legal Affairs and Policy Division, Office of the Federal Register, U.S. National Archives & Records Administration

  • Samuel Bagenstos, General Counsel, U.S. Department of Health & Human Services

  • Daniel Cohen, Assistant General Counsel for Regulation, U.S. Department of Transportation

  • Margaret Kwoka, Lawrence Herman Professor in Law, The Ohio State University Moritz College of Law

  • Tobias Dorsey, Deputy General Counsel, Office of Administration, Executive Office of the President

 

Contacts:

Staff Counsel

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