FEDERALhearing transcript

Senate Hearing on Independent Agency Rulemaking Oversight

Original title: REVIEWING INDEPENDENT AGENCY RULEMAKING

January 1, 2016

regulatory oversight independent agencies rulemaking process congressional authority

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The Frame

What this does

The hearing explores potential legislative changes to how independent agencies create regulations, which could impact the speed and requirements for future federal rules affecting businesses and the public.

Who is mentioned in the record

Potentially affected actors named in the source documents. Mention is not a position.

Independent Regulatory Agencies

These agencies are the subject of proposed oversight changes that could alter their internal rulemaking procedures.

Congress

The legislative body is evaluating its authority to impose new procedural requirements on independent agencies.

What changed

Last recorded activity January 1, 2016.

What's next

Next step not available in the current record.

Summary

This Senate subcommittee hearing examined the processes of independent federal agencies. Senators discussed the need for increased congressional oversight, arguing that independent agencies should follow procedural standards similar to those required of executive branch agencies.

Key Facts

The hearing took place on September 8, 2016, as the 13th hearing on the regulatory process held by the Subcommittee during the 114th Congress.
The Subcommittee focused on the rulemaking record of independent regulatory agencies, which are structured to operate with independence from the President.
Chairman Lankford stated that independent agencies are not exempt from congressional oversight.
The Subcommittee discussed applying the same procedural standards to independent agencies that currently apply to executive branch agencies.
Executive Orders that govern the rulemaking process for executive branch agencies do not currently apply to independent regulatory agencies.
Witnesses included Robert R. Gasaway, Adam White, and Cary Coglianese.

Frequently Asked Questions

What is an independent regulatory agency?

An agency structured to operate with a degree of independence from the President and the executive branch.

Why is Congress reviewing these agencies?

The Subcommittee is concerned that independent agencies are not subject to the same procedural standards as executive branch agencies and seeks to increase oversight.

Why It Matters

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Discoveries

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Regulatory Oversight Trend

The hearing highlights a specific effort in 2016 to bridge the procedural gap between executive branch agencies and independent agencies.

James Lankford Rob Portman

Connected Entities

personCary Coglianese“Witness, Professor at University of Pennsylvania Law School”Map →

personRobert R. Gasaway“Witness, Counsel at Kirkland & Ellis, LLP”Map →

personAdam White“Witness, Fellow at Hoover Institution”Map →

personHeidi Heitkamp“Subcommittee member”Map →

personRob Portman“Subcommittee member”Map →

personJames Lankford“Chairman of the Subcommittee on Regulatory Affairs and Federal Management”Map →

personJoni Ernst“Subcommittee member”Map →

Sources

Open source document

www.govinfo.gov

Analysis Score

0–100

Significance60
How much this matters to a regular citizen
Controversy40
Intensity of disagreement among stakeholders
Entertainment10
Compellingness for a non-policy-wonk reader
Buzz15
Current news / social attention level

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