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Congressional Influence On Rulemaking And Regulation Through Appropriations Restrictions
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Book Synopsis Congressional Influence on Rulemaking and Regulation Through Appropriations Restrictions by :
Download or read book Congressional Influence on Rulemaking and Regulation Through Appropriations Restrictions written by and published by . This book was released on 2008 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: The statutory provision known as the Congressional Review Act (CRA) (5 U.S.C.??801-808) has not been a frequently used method for Congress to control agency rulemaking, having been used to overturn only one rule in the more than 12 years since it took effect. However, Congress has various other methods to influence agency rulemaking and regulatory activity, including the addition of provisions to agency appropriations bills that restrict federal rulemaking or regulatory activity. The use of restrictions in appropriations legislation to control rulemaking has received relatively little attention from scholars and analysts, but these restrictions can have substantial effects on public policy. This report examines the Consolidated Appropriations Act for 2008 (P.L. 110-161), and identifies four types of such provisions: (1) restrictions on the finalization of particular proposed rules, (2) restrictions on regulatory activity within certain areas, (3) implementation or enforcement restrictions, and (4) conditional restrictions (e.g., preventing implementation of a rule until certain actions are taken). The report then examines appropriations acts in nine previous fiscal years, noting that some provisions have been included in appropriations bills every year, and others have appeared for several years in a row. Numerous examples of regulatory appropriations restrictions are provided in this report. The reasons behind these restrictions vary, with some appearing to be based on economic considerations, some requiring or preventing the implementation of rules issued at the end of a presidential administration, and some included for various other reasons. Although none of the appropriations provisions appear designed to reverse agency rulemaking actions (as the CRA was intended to permit), the number and variety of the provisions clearly illustrate that Congress's ability to oversee and affect regulatory agencies is not confined to CRA resolutions of disapproval. On the other hand, such provisions are generally applicable only for the period of time and the agencies covered by the relevant appropriations bill. Also, to the extent that agencies have independent sources of funding (e.g., user fees) or implement their regulations through state or local governments, some of the limitations may not be as restrictive as they seem. While appropriations provisions have been advocated by representatives of virtually all political parties and interest groups, some observers have questioned whether they are constitutional or conducive to sound public policy. Nevertheless, their use by Congress is likely to continue as long as appropriations bills are considered "must pass" legislation. This report will be updated if any changes occur that alter the factual information in the report.
Book Synopsis Congressional Influence on Rulemaking and Regulation Through Appropriations Restrictions by :
Download or read book Congressional Influence on Rulemaking and Regulation Through Appropriations Restrictions written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: C. §361 et seq.) and requires the Secretary of the Department of Homeland Security to "regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility in accordance with the subtitle to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.". [...] For example, a provision within Title II within Section D of the Consolidated Appropriations Act for 2008 states that "none of the funds appropriated in this Act for the Office of Management and Budget [OMB] may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S. [...] For example, for six years (FY1996 through FY2001), the Department of Transportation's appropriations acts stated that none of the funds in the act could be used to prepare, propose, or promulgate regulations prescribing corporate average fuel economy, or "CAFE," standards for automobiles that differed from the standards promulgated prior to the enactment of the legislation. [...] The remainder of this report focuses on the Consolidated Appropriations Act for 2008 and identifies four types of provisions in the legislation that appear to prevent or restrict federal rulemaking or regulatory activities: (1) prohibitions on the issuance of particular final regulations, (2) prohibitions on the development of regulations with regard to particular statutes or issues, (3) implement [...] Other than the extension of the proposed rule's comment period until November 2003,9 the agency had taken no further action on the July 2003 proposed rule, and had not indicated in recent editions of the Unified Agenda of Federal Regulatory and Deregulatory Actions that it intended to take action on the rule in the future.10 ! Section 735 within Division D of the legislation (the Financial Service.
Book Synopsis Congressional Influences on Rulemaking and Regulation Through Appropriations Restrictions by : Curtis W. Copeland
Download or read book Congressional Influences on Rulemaking and Regulation Through Appropriations Restrictions written by Curtis W. Copeland and published by . This book was released on 2008 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Congressional Influences on Rulemaking Through Appropriations Provisions by :
Download or read book Congressional Influences on Rulemaking Through Appropriations Provisions written by and published by . This book was released on 2008 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: The statutory provision known as the "Congressional Review Act" (CPA) (5 U.S.C. 80l-808) established expedited procedures by which Congress may disapprove agencies' rules by enacting a joint resolution of disapproval, with subsequent presentation to the President for signature or veto. Although initially viewed as a reassertion of congressional authority over rulemaking and regulatory agencies, the CPA is now viewed by some as much less effective having been used to overturn only one rule in the more than 11 years since it took effect. However, Congress has various other methods to influence agency rulemaking activity, including the addition of provisions to appropriations bills. This report examines the Consolidated Appropriations Act for 2008 (P.L. 110- 161) and identifies four types of provisions that prevent or restrain federal rulemaking or regulatory activities: (1) restrictions on the issuance of particular final regulations, (2) restrictions on the development of general categories of regulations, (3) implementation or enforcement restrictions, and (4) conditional restrictions. Examples of each of these categories are provided in this report. Although none of these appropriations provisions appears designed to reverse agency rulemaking actions (as the CPA was intended to permit), the number and variety of the provisions clearly illustrate that Congress's ability to oversee and affect regulatory agencies is not confined to CPA resolutions of disapproval.
Book Synopsis Congressional Influences on Rulemaking Through Appropriations Provisions by :
Download or read book Congressional Influences on Rulemaking Through Appropriations Provisions written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The statutory provision known as the "Congressional Review Act" (CPA) (5 U.S.C. 80l-808) established expedited procedures by which Congress may disapprove agencies' rules by enacting a joint resolution of disapproval, with subsequent presentation to the President for signature or veto. Although initially viewed as a reassertion of congressional authority over rulemaking and regulatory agencies, the CPA is now viewed by some as much less effective having been used to overturn only one rule in the more than 11 years since it took effect. However, Congress has various other methods to influence agency rulemaking activity, including the addition of provisions to appropriations bills. This report examines the Consolidated Appropriations Act for 2008 (P.L. 110- 161) and identifies four types of provisions that prevent or restrain federal rulemaking or regulatory activities: (1) restrictions on the issuance of particular final regulations, (2) restrictions on the development of general categories of regulations, (3) implementation or enforcement restrictions, and (4) conditional restrictions. Examples of each of these categories are provided in this report. Although none of these appropriations provisions appears designed to reverse agency rulemaking actions (as the CPA was intended to permit), the number and variety of the provisions clearly illustrate that Congress's ability to oversee and affect regulatory agencies is not confined to CPA resolutions of disapproval.
Book Synopsis How Our Laws are Made by : John V. Sullivan
Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Congressional Record by : United States. Congress
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1972 with total page 1462 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Book Synopsis The Legislative Veto by : Barbara Craig
Download or read book The Legislative Veto written by Barbara Craig and published by Westview Press. This book was released on 1983-09-20 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Craig combines a historical perspective on the legislative veto with analyses of original case studies involving policy issues of the 1980s and the rules promulgated by the Housing and Urban Department, the Department of Education, the Department of Transportation and the Federal Regulatory Commission. She points to discrepancies between the legislative veto's intended effects and its actual results and argues that instead of promoting democratic control over the actions of bureaucrats, legislative veto politics more often devolved to the politics of special interest protection, influenced by unelected congressional staff. It also allowed Congress to sidestep conflicts by issuing vague mandates that left agencies without necessary congressional support to implement them. Considers the impact of the Immigration and Naturalization Service V. Chadha case and alternatives to legislative veto for control of regulation. ISBN 0-86531-998-7 (pbk.) : $22.00.
Book Synopsis The President and Immigration Law by : Adam B. Cox
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Book Synopsis Hardrock Mining on Federal Lands by : National Research Council
Download or read book Hardrock Mining on Federal Lands written by National Research Council and published by National Academies Press. This book was released on 1999-11-03 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, the result of a congressionally mandated study, examines the adequacy of the regulatory framework for mining of hardrock mineralsâ€"such as gold, silver, copper, and uraniumâ€"on over 350 million acres of federal lands in the western United States. These lands are managed by two agenciesâ€"the Bureau of Land Management in the Department of the Interior, and the Forest Service in the Department of Agriculture. The committee concludes that the complex network of state and federal laws that regulate hardrock mining on federal lands is generally effective in providing environmental protection, but improvements are needed in the way the laws are implemented and some regulatory gaps need to be addressed. The book makes specific recommendations for improvement, including: The development of an enhanced information management system and a more efficient process to review new mining proposals and issue permits. Changes to regulations that would require all mining operations, other than "casual use" activities that negligibly disturb the environment, to provide financial assurances for eventual site cleanup. Changes to regulations that would require all mining and milling operations (other than casual use) to submit operating plans in advance.
Book Synopsis Unorthodox Lawmaking by : Barbara Sinclair
Download or read book Unorthodox Lawmaking written by Barbara Sinclair and published by CQ Press. This book was released on 2016-06-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.
Book Synopsis Limitations in Appropriations Measures by : Jessica Tollestrup
Download or read book Limitations in Appropriations Measures written by Jessica Tollestrup and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report discusses internal congressional rules and procedures regarding money and policy decisions. It begins by explaining the contrasting procedural contexts that influence the consideration of limitation provisions in appropriations measures on the House and Senate floor. Next, it defines the two forms of limitations that have been allowed under House and Senate precedents, with examples of previous purposes that have been allowed. This report then proceeds to identify the variety of substantive challenges that exist in structuring a limitation provision so that it does not constitute legislative language and thereby violate House and Senate rules. Finally, this report concludes by discussing the effect of points of order during floor consideration and the burden of proof that exists for proponents of limitation provisions to successfully overcome procedural objections.
Book Synopsis The Federal Budget by : Allen Schick
Download or read book The Federal Budget written by Allen Schick and published by Brookings Institution Press. This book was released on 2008-05-31 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal budget impacts American policies both at home and abroad, and recent concern over the exploding budgetary deficit has experts calling our nation's policies "unsustainable" and "system-dooming." As the deficit continues to grow, will America be fully able to fund its priorities, such as an effective military and looking after its aging population? In this third edition of his classic book The Federal Budget, Allen Schick examines how surpluses projected during the final years of the Clinton presidency turned into oversized deficits under George W. Bush. In his detailed analysis of the politics and practices surrounding the federal budget, Schick addresses issues such as the collapse of the congressional budgetary process and the threat posed by the termination of discretionary spending caps. This edition updates and expands his assessment of the long-term budgetary outlook, and it concludes with a look at how the nation's deficit will affect America now and in the future. "A clear explanation of the federal budget... [Allen Schick] has captured the politics of federal budgeting from the original lofty goals to the stark realities of today."—Pete V. Domenici, U.S. Senate
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law Publisher : ISBN 13 : Total Pages :216 pages Book Rating :4.:/5 (318 download)
Book Synopsis Federal Rulemaking and the Regulatory Process by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Download or read book Federal Rulemaking and the Regulatory Process written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2010 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Election Campaign Laws by : United States
Download or read book Federal Election Campaign Laws written by United States and published by . This book was released on 1997 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Manual of Parliamentary Practice by : Thomas Jefferson
Download or read book A Manual of Parliamentary Practice written by Thomas Jefferson and published by . This book was released on 1848 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis 52 Experiments with Regulatory Review: The Political and Economic Inputs Into State Rulemakings by : Jason A Schwartz
Download or read book 52 Experiments with Regulatory Review: The Political and Economic Inputs Into State Rulemakings written by Jason A Schwartz and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
