Coverart for item
The Resource Congressional intervention in the administrative process : legal and ethical considerations, Morton Rosenberg, Specialist in American Public Law, Jack H. Maskell, Legislative Attorney, American Law Division

Congressional intervention in the administrative process : legal and ethical considerations, Morton Rosenberg, Specialist in American Public Law, Jack H. Maskell, Legislative Attorney, American Law Division

Label
Congressional intervention in the administrative process : legal and ethical considerations
Title
Congressional intervention in the administrative process
Title remainder
legal and ethical considerations
Statement of responsibility
Morton Rosenberg, Specialist in American Public Law, Jack H. Maskell, Legislative Attorney, American Law Division
Creator
Contributor
Subject
Language
eng
Summary
When congressional committees engage in oversight of the administrative bureaucracy, or when Members of Congress intervene in agency proceedings on behalf of private constituents or other private entities with interests affecting the Members' constituency, such interventions involve varying degrees of intrusion into agency decisionmaking processes. This report will briefly examine the currently applicable legal and ethical considerations and standards that mark the limits of such intercessions. The report initially reviews the judicial development and application of standards for determining whether congressional pressure or influence will be deemed to have tainted an agency proceeding. It concludes that the courts, in balancing Congress's performance of its constitutional and statutory obligations to oversee the actions of agency officials against the rights of parties before agencies, have shown a decided predilection for protecting the congressional prerogatives. Thus where informal rulemaking or other forms of informal decisionmaking are involved, the courts will look to the nature and impact of the political pressure on the agency decisionmaker and will intervene only where that pressure has had the actual effect of forcing the consideration of factors Congress did not intend to make relevant. Where agency adjudication is involved a stricter standard is applied and the finding of an appearance of impropriety can be sufficient to taint the proceeding. But even here the courts have required that the pressure or influence be directed at the ultimate decisionmaker with respect to the merits of the proceeding and that it does not involve legitimate oversight and investigative functions, before they will intervene. The report next examines the conduct of Members of Congress and their staffs intervening in administrative matters from the perspective of ethics and conflict of interest rules, statutes and guidelines bearing upon a Member's and staffer's official duties. It notes that since congressional intervention and expressions of interest in administrative matters from a Member's office are recognized as legitimate, official representational and oversight functions and duties of Members of Congress, the primary focus of the ethical and statutory conduct restraints is limited to(1) any improper enrichment or financial benefit accruing to the Member in return for, or because of, his or her official actions and influences, including the receipt of gifts or payments, or existing financial interests in, or relating to the matter under consideration; and (2) any overt coercion or threats of reprisals, or promises of favoritism or reward to administrators from the Member's office which could indicate an arguable abuse of a Member's official representational or oversight role. Additionally, ethical guidelines in Congress incorporate an "appearance" standard for Members which would counsel a Member to adopt office procedures and systems which would prevent an appearance of a "linkage" between interventions and the receipt of things of value, particularly legitimate campaign contributions, and which would assure that decisions to intervene are based on the merits of a particular matter
Member of
Cataloging source
EJB
http://library.link/vocab/creatorDate
1935-
http://library.link/vocab/creatorName
Rosenberg, Morton
Government publication
federal national government publication
Index
no index present
LC call number
KF5407
LC item number
.R6 2008
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
  • Maskell, Jack
  • Library of Congress
  • Library of Congress
Series statement
CRS report
Series volume
RL32113
http://library.link/vocab/subjectName
  • United States
  • United States
  • Administrative procedure
  • Administrative procedure
  • Legislative power
  • United States
Label
Congressional intervention in the administrative process : legal and ethical considerations, Morton Rosenberg, Specialist in American Public Law, Jack H. Maskell, Legislative Attorney, American Law Division
Instantiates
Publication
Note
  • At head of title: CRS report for Congress
  • "September 25, 2003."
  • Title from title screen (viewed Sept. 10, 2008)
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
mixed
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Introduction.--Current judicial standards governing congressional influence on agency decisionmaking -- The nature of the proceeding -- The foundation cases -- Adjudicatory rulings since Pillsbury -- Informal decisionmaking rulings since D.C. Federation -- Interference with agency rulemaking proceedings -- Influence that could abuse the agency investigatory process -- Summary and conclusions -- Ethical standards and considerations -- House and Senate guidelines -- Intervention and receipt of things of value -- Personal financial interest in the matter -- Conduct during interventions -- Issues in particular intervention contexts -- Conclusions concerning ethical issues
Dimensions
unknown
Extent
88 unnumbered pages
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
Hein Online
Other physical details
digital, PDF file.
Specific material designation
remote
System control number
  • (OCoLC)247434188
  • (OCoLC)ocn247434188
System details
  • Mode of access: World Wide Web
  • System requirements: Adobe Acrobat Reader
Label
Congressional intervention in the administrative process : legal and ethical considerations, Morton Rosenberg, Specialist in American Public Law, Jack H. Maskell, Legislative Attorney, American Law Division
Publication
Note
  • At head of title: CRS report for Congress
  • "September 25, 2003."
  • Title from title screen (viewed Sept. 10, 2008)
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
mixed
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Introduction.--Current judicial standards governing congressional influence on agency decisionmaking -- The nature of the proceeding -- The foundation cases -- Adjudicatory rulings since Pillsbury -- Informal decisionmaking rulings since D.C. Federation -- Interference with agency rulemaking proceedings -- Influence that could abuse the agency investigatory process -- Summary and conclusions -- Ethical standards and considerations -- House and Senate guidelines -- Intervention and receipt of things of value -- Personal financial interest in the matter -- Conduct during interventions -- Issues in particular intervention contexts -- Conclusions concerning ethical issues
Dimensions
unknown
Extent
88 unnumbered pages
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
Hein Online
Other physical details
digital, PDF file.
Specific material designation
remote
System control number
  • (OCoLC)247434188
  • (OCoLC)ocn247434188
System details
  • Mode of access: World Wide Web
  • System requirements: Adobe Acrobat Reader

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