About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-302911 1 (2004-09-07)

handle is hein.gao/gaocrptapqq0001 and id is 1 raw text is: 



  SGAO

       Accountability * Integrity  Reliability
United States Government Accountability Office
Washington, DC 20548


         B-302911



         September 7, 2004

         The Honorable Frank R. Lautenberg
         The Honorable Tom Daschle
         The Honorable Edward M. Kennedy
         The Honorable Jack Reed
         The Honorable Jon S. Corzine
         The Honorable John F. Kerry
         The Honorable Patrick J. Leahy
         The Honorable Debbie Stabenow
         The Honorable Tim Johnson
         The Honorable Mark Pryor
         The Honorable Maria Cantwell
         The Honorable Joseph I. Lieberman
         The Honorable Carl Levin
         The Honorable Paul Sarbanes
         The Honorable Barbara A. Mikulski
         The Honorable Charles Schumer
         The Honorable John Edwards
         The Honorable Hillary Rodham Clinton
         United States Senate

         Subject: Department of Health and Human Services-ChiefActuary's
                 Communications with Congress

         By letter dated March 18, 2004, you asked for our legal opinion regarding a potential
         violation of the prohibitions in the Consolidated Appropriations Act of 2004 and the
         Consolidated Appropriations Resolution of 2003 on the use of appropriated funds to
         pay the salary of a federal official who prohibits another federal employee from
         communicating with Congress. Pub. L. No. 108-199, Div. F, tit. VI, § 618, 188 Stat. 3,
         354 (Jan. 23, 2004); Pub. L. No. 108-7, Div. J, tit. V, § 620, 117 Stat. 11, 468 (Feb. 20,
         2003). Specifically, you ask whether alleged threats made by Thomas A. Scully, the
         former Administrator of the Centers for Medicare & Medicaid Services (CMS), to
         CMS Chief Actuary Richard S. Foster to terminate his employment if Mr. Foster
         provided various cost estimates of the then-pending prescription drug legislation to
         members of Congress and their staff made CMS's appropriation unavailable for the
         payment of Mr. Scully's salary.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most