Recommendations (1968 - 1995)

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In July 1989, the Administrative Conference began a study of the structures and procedures employed by the government to oversee the safety and soundness of these institutions.2 During the pendency of the study, numerous other legislative and executive branch studies of the operations of the GSEs have been completed.3 The Conference has been informed by all of these studies in its consideration of this...

The Farmers Home Administration (“FmHA”) is charged with serving as a temporary source of supervised credit and technical support to help rural Americans improve their farming enterprises, housing conditions, and other business endeavors until they are able to qualify for private sector resources. During the 1980s, an economic downtown seriously affected the agricultural sector and led FmHA, as a lender of...

The Federal Aviation Administration is currently operating a demonstration civil penalty program under which the FAA may impose monetary penalties of up to $50,000 for violations of the Federal Aviation Act or its regulations. Under the program, the FAA prosecutes violations, proposing initial civil money penalties according to the discretion of the prosecuting FAA official. The persons on whom the penalties...

In recent years, there has been much talk of a crisis in the federal courts. In response, Congress empanelled the Federal Courts Study Committee, charging it with responsibility to examine the problems facing the courts and to develop a long-range plan for addressing them. The Committee issued its report in April 1990, touching on many different aspects of the problem, among them those related to judicial...

This recommendation discusses several possible reforms of the administrative procedures used in U.S. antidumping (AD) and countervailing duty (CVD) cases. These cases usually arise when a petition is filed on behalf of a U.S. industry by one of several statutorily specified interested parties asking the U.S. Government to impose special duties to offset dumping or subsidization. The Government itself can...

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 of a study of the program undertaken by the Administrative...

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 concerning future official conduct. Typically, an ombudsman investigates selected complaints and issues nonbinding reports, with recommendations...

The term “risk communication is commonly used to describe procedures by which a public agency or other party possessing information about the hazardous attributes of an activity or product transfers this information to others. For several decades, the Freedom of Information and National Environmental Policy Acts have, in effect, provided for government risk communication by requiring federal agencies to...

The Administrative Conference of the United States has undertaken numerous studies over the years relating to the appeals process in the Social Security Administration (SSA) disability program. It has issued four recommendations specifically involving the various levels of review in that program. It has also issued other more general recommendations involving various aspects of adjudicatory procedure. This...

Recommendation 1(a) parallels part A of Recommendation 88-10. It starts with the premise the basic policy balances have already been struck and does not seek to reopen them. Existing policy reflected in the records statutes2 and in National Archives and Records Administration (NARA) and General Services Administration regulations and guidelines should be applied to the new electronic formats, with the...

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