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1 1 (July 23, 2020)

handle is hein.crs/govdbcd0001 and id is 1 raw text is: Resarh Service Administrative Law Reform Legislation in the 116th Congress July 23, 2020 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 I 6th 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. These categories of proposals are discussed in more detail below. Not every bill in the 116th Congress touching upon administrative law issues is identified in this Sidebar, particularly those that do not seek to alter the agency-rulemaking process government-wide or modify judicial oversight of agency legal interpretations. For example, this Sidebar does not address those bills that would authorize or require White House review of certain actions of independent regulatory agencies; impose requirements only on specific agencies; primarily affect budgetary and appropriations matters; or, with the exception of the Congressional Review Act (CRA), amend more specialized or particular administrative law statutes such as the Freedom of information Act, Federal Advisory Committee Act, Regulatory Flexibility Act, or Unfunded Mandates Reform Act. These bills may be discussed in other CRS products. Proposals to Amend the APA's Rulemaking Procedures Several bills aim to increase transparency and public accountability by altering how agencies promulgate regulations under the APA. The APA prescribes default procedures that an agency must follow when developing and issuing rules with the force and effect of law. An agency generally must publish a notice of proposed rulemaking in the Federal Register and afford members of the public an opportunity to Congressional Research Service https://crsreports.congress.gov LSB10523 CRS LegMa Sideba Prepaimed for Mernbei-s and Comrm ttees of Coq r ss ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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