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.

An Ad Hoc Committee, co-chaired by Public Member Aaron Nielson and Government Member Roxanne Rothschild, will consider this project in spring 2023.

Contacts

Staff Counsel
202.480.2084
asybo@acus.gov
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Project Documents

Name Committee Type Date
Disclosure of Agency Legal Materials Committee Meeting Agenda 3.29.23 Agenda March 28, 2023 Download
Disclosure of Agency Legal Materials Consultative Group Meeting Minutes 12.12.2022 Meeting Minutes February 17, 2023 Download
Disclosure of Agency Legal Materials Consolidated Consultative Group Meeting Minutes Meeting Minutes December 12, 2022 Download
Comment from Consultative Group Member Alan B. Morrison 8 24 2022 Member Comment August 25, 2022 Download
Comment from Consultative Group Member Steph J. Tatham 8 16 2022 Member Comment August 16, 2022 Download
Comment from Consultative Group Member Thomas M. Susman 7 29 2022 Member Comment August 2, 2022 Download
Response to RFI from OSHA 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 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
Comment from Consultative Group Member Roxanne L. Rothschild 6 7 2022 Member Comment June 29, 2022 Download
Comment from Consultative Group Member Thomas M. Susman 6 9 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
Comments from Senior Fellow Allison Zieve on Disclosure of Agency Legal Materials 3.30.23 Public Comment March 30, 2023 Download
Comment from the Environmental Protection Agency on Disclosure of Agency Legal Materials 3.29.23 Public Comment March 29, 2023 Download
Comment from the National Labor Relations Board on Disclosure of Agency Legal Materials 3.29.23 Public Comment March 29, 2023 Download
Comment from Senior Fellow Alan Morrison on Disclosure of Agency Legal Materials 3.29.23 Public Comment March 29, 2023 Download
Comment from Liaison Representative Bill Funk on Disclosure of Agency Legal Materials 3.28.23 Public Comment March 28, 2023 Download
Comment from Consultative Group Member Toby Dorsey on Disclosure of Agency Legal Materials Public Comment December 12, 2022 Download
Comment from Consultative Group Member Burke Kappler on Disclosure of Agency Legal Materials 12.9.22 Public Comment December 9, 2022 Download
Comment from Consultative Group Member Nina Mendelson on Disclosure of Agency Legal Materials 12.6.22 Public Comment December 6, 2022 Download
Comment from Consultative Group Member Peter Strauss on Disclosure of Agency Legal Materials 12.2.22 Public Comment December 5, 2022 Download
Comment from Consultative Group Member Alan Morrison on Disclosure of Agency Legal Materials 12.1.22 Public Comment December 2, 2022 Download
Comment from Consultative Group Member Courtney Mallon 8 16 2022 Public Comment August 17, 2022 Download
Comment from Consultative Group Member Edmund C. Baird 8 15 2022 Public Comment August 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 Citizens for Responsibility and Ethics in Washington 7 18 2022 Public Comment July 18, 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 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 Anonymous 5 17 2022 Public Comment May 20, 2022 Download
Response to RFI from Sean Croston 5 16 2022 Public Comment May 20, 2022 Download
Disclosure of Agency Legal Materials Executive Summary and Tentative Recommendations Recommendation December 5, 2022 Download
Disclosure of Agency Legal Materials Draft Report 2.23.23 Report February 23, 2023 Download
Disclosure of Agency Legal Materials RFP RFP February 3, 2022 Download

Committee Meetings & Events