Completed Projects

Committee:

Recommendation 2019-3 Public Availability of Agency Guidance Documents offers best practices for promoting widespread availability of guidance documents on agency websites.

Committee:

Recommendation 2018-7 – Public Engagement in Rulemaking offers strategies for agencies to enhance public engagement prior to and during informal rulemaking. It encourages agencies to invest resources in a way that maximizes the probability that rule-writers obtain high quality public information as early in the process as possible.

Recommendation 2019-8  Public Identification of Agency Officials promotes the public availability of real-time information about high-level officials leading federal agencies. It encourages agencies to publish on their websites basic information about high-level agency leaders and identify vacant leadership positions and acting officials.

Committee:

Recommendation 2018-8 – Public-Private Partnerships offers agencies guidance on legal and practical considerations for participating in public-private partnerships.

Committee:

Recommendation 2020-5,  Publication of Policies Governing Agency Adjudicators  – encourages agencies to disclose policies governing the appointment and oversight of adjudicators that bear on their impartiality and constitutional status. It offers best practices on how to provide descriptions of, and access to, such policies on agency websites. 

Recommendation 2019-9 – Recruiting and Hiring Agency Attorneys urges agencies to avail themselves of the flexibilities available to them when hiring attorneys and offers best practices for structuring their hiring processes. First, it suggests that the Office of Personnel Management offer training for agencies on the alternative processes and flexibilities available to them when they hire attorneys.

Committee:

Recommendation 2018-4Recusal Rules for Administrative Adjudicators urges agencies to issue procedural rules governing the recusal of adjudicators to ensure both impartiality and the appearance of impartiality in agency adjudications.

Office of the Chairman Project

Recusal, the voluntary or involuntary withdrawal of an adjudicator from a particular proceeding, is an important tool for maintaining the integrity of adjudication.

Committee:

Recommendation 2012-6 – The Need to Reform 28 U.S.C. § 1500 urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such circumstances, later-filed actions would be stayed.

Committee:

Recommendation 2012-1 – Regulatory Analysis Requirements considers the various regulatory analysis requirements imposed upon agencies by both executive orders and statutes. It offers recommendations designed to ensure that agencies satisfy the existing requirements in the most efficient and transparent manner possible. It also provides recommendations on streamlining the existing analysis requirements.