Administrative Law Reform Legislation in the 116th Congress [July 23, 2020]   [open pdf - 652KB]

From the Document: "Congress has broad authority to define and prescribe the powers and responsibilities of federal agencies. Typically, an agency may carry out its congressionally prescribed responsibilities in a number of ways, including through issuing binding regulations and adjudicative orders, and through providing nonbinding oral or written guidance to stakeholders and the public. And Congress may, within constitutional bounds, alter agencies' powers and responsibilities as it deems appropriate. The 116th Congress has considered numerous legislative proposals to alter the administrative rulemaking process or the way those rules may be reviewed by courts and the legislative branch. Some proposals would modify the rulemaking procedures of the Administrative Procedure Act (APA), including to require, in certain situations, trial-type, evidentiary hearings on specific types of rules. Others would increase congressional involvement in agency rulemaking by, for example, requiring legislative approval of certain rules before they may go into effect. And still other proposals would change the scope of federal courts' review of agency legal interpretations by altering or eliminating judicial deference doctrines."

Report Number:
CRS Legal Sidebar, LSB10523
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Media Type:
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