Bureaucratic Accountability Act of 1974: Hearing Before the Subcommittee on Crime of ... , 93-2, Mar. 27, 19741974 - 83 páginas |
Palavras e frases frequentes
action Administrative Conference Administrative Procedure Act adopted affected amended American Hospital Association apply appropriate areas assure benefits or contracts Bureaucratic Accountability Act Central Intelligence Agency Chairman citizen civil claims COHEN committee complaint procedures comply Comptroller Conference recommendation Congress Congressional Black Caucus congressional intent Congressman Dellums defendant department or establishment district court doctrine of sovereign eliminate enacted executive Federal agencies Federal standards foreign affairs functions funds Government governmental lawlessness grant-in-aid programs grantee grantor agency hearings House involved issue JOHN CONYERS judicial review Judiciary Justice lawyers legislation loans MARCH 27 matters relating ment military or foreign officer or employee official plaintiff problem proceedings proposed regulations public interest public participation public property Rangel relating to public relief representation rulemaking requirements sanctions SCALIA section 553 service of process sovereign immunity specific statement statutes statutory substantial suit testimony tion Tucker Act United States Code Watergate
Passagens conhecidas
Página 33 - Mr. Chairman, Members of the Subcommittee, I am grateful for the opportunity to appear before you today as you begin hearings on the Bureaucratic Accountability Act.
Página 56 - An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party.
Página 49 - 'rule1 means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe lav/ or policy or describing the organization, procedure, or practice requirements of an agency...
Página 66 - The interference of the courts with the performance of the ordinary duties of the executive departments of the Government, would be productive of nothing but mischief; and we are quite satisfied that such a power was never intended to be given to them.
Página 56 - States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. (b) General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law.
Página 56 - Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.
Página 55 - ... procedures whenever their observances were found to be impracticable, unnecessary, or contrary to the public interest. A finding to that effect can be made, and published in the FEDERAL REGISTER, as to an entire subject matter concerning which rules may be promuigated.
Página 56 - Except when notice or hearing is required by statute, this subsection does not apply: (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice...
Página 9 - The Comptroller General shall investigate, at the seat of government or elsewhere, all matters relating to the receipt, disbursements, and application of public funds, and shall make to the President when requested by him, and to Congress at the beginning of each regular session, a report in writing of the work of the General Accounting Office, containing recommendations concerning the legislation he may deem necessary to facilitate the prompt and accurate rendition and settlement of accounts and...
Página 54 - The procedures to assure this opportunity are not required by law, however, when rules are promulgated in relation to "public property, loans, grants, benefits, or contracts." These types of rules may nevertheless bear heavily upon nongovernmental interests. Exempting them from generally applicable procedural requirements is unwise. The present law should therefore be amended to discontinue the exemptions to strengthen procedures that will make for fair, informed exercise of rulemaking authority...