The Magnuson-Moss Warranty—Federal Trade Commission Improvement Act of 1975, Pub. L. 93-637, established special procedures for the adoption of trade regulation rules by the Federal Trade Commission. The Act also created a program for the reimbursement of the expenses of participants in trade regulation rulemaking who qualify for funding under criteria set forth in that...
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- Publication Date: June 6, 1980
- Tags: Congress, Hybrid Rulemaking, Magnuson-Moss, Rulemaking
- Publication Date: September 28, 2011
- Tags: Congress, Health Care, Medicare
As the Administrative Conference noted in Recommendation 86-5,1 the Medicare program relies heavily on implementation of federal requirements by localized carriers, intermediaries and, increasingly, peer review organizations (PROs).
...- Publication Date: September 28, 2011
- Tags: Advisory Committees, Conflict of Interest, Congress, Disclosure, Ethics, Financial Disclosure
The law and practice regarding conflict-of-interest requirements for federal advisory committee members have developed from the interaction of three statutory schemes: the Federal Advisory Committee Act,1 the conflict-of-interest laws, and the federal personnel laws....
- Publication Date: September 28, 2011
- Tags: Conflict of Interest, Congress, Disclosure, Ethics, Executive Branch Appointees, Federal Employees, Financial Disclosure
Determining appropriate public financial disclosure requirements requires an assessment and accommodation of three concerns: the relevance of the information to conflicts of interest which might be faced by the individual in his or her official capacity; the practical burden faced by an individual who must assemble and report information accurately...
- Publication Date: September 28, 2011
- Tags: Adjudication, Civil Money Penalties, Congress, Separation of Functions
In late 1987, Congress enacted an administrative civil money penalty program for violations of the Federal Aviation Act and its implementing safety regulations. The Civil Penalty Assessment Demonstration Program, a 2-year temporary program, was originally due to expire December 31, 1989. It was extended for 4 months in anticipation of the completion...
- Publication Date: September 28, 2011
- Tags: Confidentiality, Congress, Dispute Resolution, Mediation, Ombudsman
The ombudsman1 is an institution frequently used in other countries, and increasingly used in this country, as a means of inquiring into citizen grievances about administrative acts or failures to act and, in suitable cases, to criticize or to make recommendations...
- Publication Date: September 28, 2011
- Tags: Congress, Dispute Resolution, Privilege, Separation of Functions
The routine sharing of information between congressional committees and administrative agencies constitutes one of the most important interactions between the political branches of our national government. The process of exchanging information affects the ability of the executive and legislative branches to carry out their constitutionally assigned...
- Publication Date: September 28, 2011
- Tags: Congress, Health Care, Medicaid, Rulemaking
Since 1981, Congress has almost annually made a large number of changes in the Medicaid program. Of primary concern is that Congress, in annual budget legislation (often in the last days of a session), has either made the expansion of benefits effective regardless of whether or not HCFA promulgates implementing regulations or other guidance by a...
- Publication Date: September 28, 2011
- Tags: Conflict of Interest, Congress, Divestiture, Ethics, Executive Branch Appointees, Internal Revenue Code, Taxation
Individuals appointed to government positions are sometimes required to divest themselves of property to satisfy conflict-of-interest requirements, such as the prohibition in 18 U.S.C. 208 on participation in matters affecting one’s financial interest. In other instances, divestiture of property by such appointees would be simpler and serve conflict...
- Publication Date: September 28, 2011
- Tags: Choice of Forum, Congress, Judicial Forum, Judicial Review, Jurisdiction
The Administrative Conference of the United States has long had an interest in forum allocation in administrative cases. In Recommendation No. 75-3, “The Choice of Forum for Judicial Review of Administrative Action” (1975), the Conference stated criteria for determining the appropriate judicial forum for the review of final administrative action....