Congress (Recommendations)

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The Congress has enacted provisions for judicial review in the Clean Air Act and the Federal Water Pollution Control Act (FWPCA) that are in some respects inconsistent, incomplete, ambiguous, and unsound.

Courts have sometimes felt constrained to stretch these statutes to achieve sensible results.  ln other instances, courts seem to have ignored...

A person adversely affected by an agency rule may ordinarily obtain judicial review of that rule either by instituting a direct review proceeding against the agency in an appropriate court (pre-enforcement review)1 or by asserting the invalidity of the rule as a defense...

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).

The PRO system was created in 1982. It is made up of state-wide, physician-controlled organizations under individual contracts with...

The primary role of the Federal Register is the publication, as required by the Federal Register Act and the Administrative Procedure Act, of legal documents that affect people generally, such as descriptions of agencies’ organization and functions, texts of substantive and procedural rules, notices of proposed rulemaking, and statements of general policy or interpretations...

The Contract Disputes Act, 41 U.S.C. 601-613, enacted in 1978, established a comprehensive system for resolving disputes arising out of federal government contracts. Under the Act, disputes...

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....

The Civil Service Retirement Act subjects Federal employees to mandatory retirement at age 70 and upon completion of 15 years service, 5 U.S.C. § 8335 (1970). Under 5 U.S.C. § 8335(c), the President has broad discretionary power to exempt employees from mandatory retirement.

This recommendation takes no position as to whether as a matter of...

The Administrative Procedure Act (APA) provides for public participation in agency rulemaking. The Act’s minimum requirements for informal rulemaking are notice and an opportunity to comment on proposed rules. The advantages of public participation in agency rulemaking are widely recognized: the agency benefits because interested persons are...

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...

The Federal Government owns or operates over 20,000 facilities, ranging from huge military establishments, national parks, and systems of prisons and veterans’ hospitals to individual fish hatcheries, Coast Guard stations and research laboratories. All of these facilities are required by federal law to comply with environmental quality standards established by national,...

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