Disclosure of Agency Legal Materials

This proposed recommendation identifies statutory reforms that, if enacted by Congress, would 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 amendments would also account for technological developments and correct certain statutory ambiguities and drafting errors. The objective of these amendments would 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, considered this project in spring 2023