The Social Security Administration annually processes more than 1.5 million requests for Disability Insurance Benefits and Supplemental Security Income requiring a determination whether the claimant is disabled. The Administrative Conference has addressed various aspects of the Social Security Administration’s administrative procedures in earlier recommendations.1 This recommendation focuses more...
Historical Recommendations (1968 - 1995)
- Recommendation number: 89-10
- Adopted on: December 15, 1989
- Tags: Benefits, Disability
- Recommendation number: 88-1
- Adopted on: June 9, 1988
- Tags: Ethics, Presidential Transition Act
The orderly and peaceful transfer of governmental authority following presidential elections is a hallmark of American government. The Presidential Transition Act of 1963 recognizes a smooth transition is necessary to “assure continuity in the faithful execution of the laws and in the conduct of the affairs of the Federal Government, both domestic and foreign,” and it directs all officers of the government...
- Recommendation number: 88-2
- Adopted on: June 9, 1988
- Tags: Government Contracts, Indemnification, Liability, Procurement
Indemnification of government contractors for third-party liability involves this issue: Who should bear the risk of liability for injury or damage to a third party caused by products and services supplied by government contractors? This issue is especially significant when the products and services involve high-risk or hazardous governmental activities.
The liability of the...
- Recommendation number: 88-3
- Adopted on: June 9, 1988
- Tags: Bank Holding Company Act, Bank Regulation
Among the Federal Reserve Board’s (FED’s) responsibilities is implementation of the Bank Holding Company Act (BHCA) (12 U.S.C. 1841 et seq.). The BHCA’s principal purposes are to ensure the safe and sound operation of bank holding companies (BHCs), to promote competition within the banking industry, and to separate banking from commerce.
Under the BHCA, the FED has also been...
- Recommendation number: 88-4
- Adopted on: June 9, 1988
- 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-of-interest purposes better than the establishment of...
- Recommendation number: 88-5
- Adopted on: June 10, 1988
- Tags: Administrative Law Judges (ALJs), Boards of Contract Appeals, Confidentiality, Dispute Resolution, Hearing Officers, Mediation, Settlements
Many cases over which administrative law judges, administrative judges, and other agency hearing officers preside do not involve broad regulatory issues and are often appropriately resolved by settlement. Following in the footsteps of several innovative federal judges,1 some administrative agencies have begun to provide additional mechanisms for resolving these cases. The Federal Energy Regulatory Commission...
- Recommendation number: 88-6
- Adopted on: September 16, 1988
- 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. The Recommendation urged that agency actions taken on the...
- Recommendation number: 88-7
- Adopted on: September 16, 1988
- Tags: Cost Benefit Analysis, Discount Rate, Regulatory Analysis, Risk Assessment, Valuation of Human Life
Regulations intended to lessen risks of accidents and illness ordinarily impose compliance costs on regulated entities and on rulemaking agencies. In return, society gains numerous benefits, most notably the avoidance of fatalities, injuries and disease, and in some instances a reduction in property damage. Promulgation of such regulations is a multi-faceted process, and this recommendation addresses one set...
- Recommendation number: 88-8
- Adopted on: September 16, 1988
- Tags: Adjudication, Bank Regulation, Congress, Receivership, Savings and Loan, Thrifts
When a federally insured savings and loan institution (“thrift”) fails, the Federal Home Loan Bank Board (FHLBB) exercises overall regulatory control. The Federal Savings and Loan Insurance Corporation (FSLlC), under the direction of the FHLBB, ordinarily acts as receiver for federally insured thrifts, and, in that capacity, must pay the valid credit obligations of the failed thrift. In the process of accepting,...
- Recommendation number: 88-9
- Adopted on: December 8, 1988
- Tags: Executive Oversight, Executive Review, Presidential Review, Regulatory Analysis, Rulemaking
Federal regulation has grown in both scope and complexity in recent decades. Among its wide variety of national goals are: Ensuring competitive markets, spurring economic growth, checking inflation, reducing unemployment, protecting national security, assuring equal opportunity, increasing social security, protecting the environment, ensuring safety, and improving energy sufficiency. Policies implementing...