Congress (Recommendations)

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In 1986, the Administrative Conference undertook a broad overview of the administrative procedures employed by the federal government (primarily the Health Care Financing Administration within the Department of Health and Human Services) in administering and deciding appeals under the Medicare program. Recommendation 86-5, Medicare Appeals, 1 CFR 305.86-5, urged the Health Care Financing...

Background

The 1968 Fair Housing Act outlaws various types of discrimination in the sale or rental of residential housing. It prohibits discrimination on the basis of race, color, religion, sex, and national origin, and covers sale and rental of residential housing, refusal to deal, and a...

Private sector employees who make disclosures concerning health and safety matters pertaining to the workplace are protected against retaliatory actions by over a dozen Federal laws. By common usage these employees, as well as others who make similar disclosures concerning fraud or other misconduct (but who are beyond the Conference’s current study...

As part of the Social Security program, Congress has authorized the Social Security Administration (SSA) to pay certain beneficiaries’ benefits to other persons or organizations where the Secretary determines payment to such a “representative payee” would be in the interest of the beneficiary.1 SSA currently pays about $20 billion annually in social security benefits...

The Debt Collection Act of 1982 (DCA)1 was passed in response to concern over the vast amount of delinquent debt owed to the federal government and the haphazard collection record of many agencies. While Congress appears to have been concerned mainly with various mass...

  • Recommendation number: 92-5
  • Adopted on: June 19, 1992
  • Tags: Congress

Congress first waived the government’s immunity from attorney’s fee awards in the Equal Access to Justice Act (EAJA), 5 U.S.C. 504, 28 U.S.C. 2412(d), in 1980 and reenacted the Act in 1985. The EAJA authorizes certain private parties that prevail in non-tort civil litigation against the United States in both courts and agencies to recover their fees...

  • Recommendation number: 87-4
  • Adopted on: June 12, 1987
  • Tags: Congress

There is widespread interest in Congress and the Executive Branch in instituting user fees in certain government programs. Although a general user fee statute (31 U.S.C. 9701) dates to 1952, recent studies, including a report of the President’s Private Sector Survey on Cost Control, have urged expanded application of such fees. In light of these...

The Program, which became effective October 1, 1988, is unique among federal benefit programs in its organizational structure and decision-making processes. It was intended to provide an alternative to the tort system for dealing with claims of vaccine-related injury, awarding compensation quickly, fairly, and efficiently. It was also intended to...

Background

The Freedom of Information Act (FOIA), 5 U.S.C. Sec. §552, generally mandates public access to records in the possession or control of federal agencies, whether the records are generated by the agency or obtained by it from other sources. The Act contains nine exemptions, each of...

  • Recommendation number: 92-6
  • Adopted on: June 19, 1992
  • Tags: Congress

In 1981, Congress agreed to the Administration’s proposal to cease funding for the Office of Noise Abatement and Control (ONAC) in the Environmental Protection Agency (EPA). Congress, however, did not repeal the Noise Control Act1 when it eliminated ONAC’s funding....

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