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.
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The Administrative Conference of the United States frequently seeks public comments on its proposed recommendations, reports, regulations, and other agency matters.