Disclosure of Agency Legal Materials

This project considers whether the main statutes governing disclosure of agencies’ legislative rules, guidance documents, adjudicative decisions, and other important legal materials should be amended to consolidate and harmonize their overlapping requirements, account for technological developments, correct certain statutory ambiguities and drafting errors, and address other potential problems that may be identified. 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 (whether in the Federal Register, on their websites, or elsewhere). The objective of any such amendments will be to ensure that agencies provide ready public access to important legal materials in the most efficient way possible.

Professor Bernard W. Bell (Rutgers Law School), Professor Cary Coglianese (University of Pennsylvania Law School), Professor Michael Eric Herz (Benjamin N. Cardozo School of Law), Professor Margaret Kwoka (Ohio State University Moritz College of Law), and Professor Orly Lobel (University of San Diego School of Law) are serving as the consultants for this project. Professor Kwoka is serving as the lead consultant.

Contacts

Staff Counsel
202.480.2097
trubin@acus.gov
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Project Documents

Name Committee Type Date
Response to RFI from OSHA 7 29 2022 Member Comment August 2, 2022 Download
Comment from Consultative Group Member Thomas M. Susman 7 29 2022 Member Comment August 2, 2022 Download
Comment from Consultative Group Member Peter L. Strauss 7 21 2022 Member Comment July 26, 2022 Download
Comment from Consultative Group Member Thomas M. Susman 6 9 2022 Member Comment June 29, 2022 Download
Comment from Consultative Group Member Roxanne L. Rothschild 6 7 2022 Member Comment June 29, 2022 Download
Comment from Consultative Group Member H. Russell Frisby, Jr. 6 7 2022 Member Comment June 29, 2022 Download
Comment from Consultative Group Member Peter L. Strauss 5 19 2022 Member Comment June 29, 2022 Download
Response to RFI from Senior Fellow Peter L. Strauss 5 17 2022 Member Comment May 20, 2022 Download
RFI: Disclosure of Agency Legal Materials Notice May 16, 2022 Download
Response to RFI from Robert E. Rutkowski 7 29 2022 Public Comment July 29, 2022 Download
Response to RFI from Jeramie Scott, Jake Wiener, and John Davisson (EPIC) 7 18 2022 Public Comment July 19, 2022 Download
Response to RFI from Daryl Joseffer (U.S. Chamber of Commerce Litigation Center) 7 18 2022 Public Comment July 18, 2022 Download
Response to RFI from Project on Government Oversight 7 18 2022 Public Comment July 18, 2022 Download
Response to RFI from Citizens for Responsibility and Ethics in Washington 7 18 2022 Public Comment July 18, 2022 Download
Response to RFI from Reporters Committee for Freedom of the Press 7 18 2022 Public Comment July 18, 2022 Download
Response to RFI from Diane M. Rodriguez (AALLs) 7 12 2022 Public Comment July 12, 2022 Download
Response to RFI from Adina H. Rosenbaum (Public Citizen) 7 11 2022 Public Comment July 10, 2022 Download
Comment from Consultative Group Member Courtney E Mallon 6 28 2022 Public Comment June 29, 2022 Download
Response to RFI from Sean Croston 5 16 2022 Public Comment May 20, 2022 Download
Response to RFI from Anonymous 5 17 2022 Public Comment May 20, 2022 Download
Disclosure of Agency Legal Materials RFP RFP February 3, 2022 Download