This project explores agencies’ practices under the Federal Vacancies Reform Act of 1998, looking at the use of acting officials and of delegations of authority during periods in which a Senate-confirmed position sits vacant. Among other things, it examines how agencies design systems for succession planning, assign appropriate titles, and communicate relevant information to the public.
This project studies agencies’ appellate review of hearing-level adjudicative decisions. Topics include the structure, composition, functions, procedures, and authority of agency appellate bodies. Resulting recommendations will focus on the ways in which agencies can enhance both the efficiency and fairness of appellate review.
This project studies agency-level bid protest procedures under the Federal Acquisition Regulation and agency-specific regulations. It analyzes agency-specific regulations governing a variety of bid protest procedures, including higher-level agency review, insertion of clauses regarding protest procedures in solicitations, and discovery and exchange of information during protests.
This project will explore institutional issues related to the placement of agency economists as they concern agency rulemaking. It will consider whether and when an agency’s economic-analysis function should be centralized within the agency and how best to integrate economists’ work with that of rule-writers, attorneys, and other officials to ensure that economic issues are appropriately considered.
This project addresses the extent to which the best practices for policy statements adopted in Recommendation 2017-5, Agency Guidance Through Policy Statements, should extend to interpretive rules. The project examines the legal differences, if any, between policy statements and interpretive rules and...
This project catalogs legal requirements governing when and where federal agency guidance documents must be published. It also offers best practices for how agencies can comply with publication requirements and make guidance documents most accessible to the public, especially by placing them on agency websites.
This project will reexamine and update the Conference’s Model Rules for Implementation of the Equal Access to Justice Act (EAJA). EAJA provides for the award of attorney’s fees and other expenses to parties who prevail over the federal government in certain agency adjudicative and court proceedings.
This project addresses the processes and procedures agency heads should consider establishing for exercising their authority under Executive Order 13843 (July 13, 2018) to hire administrative law judges (ALJs). Topics include the procedures governing recruitment, examination, and evaluation.
