미국 행정법상 행정기관의 규칙제정에 대한 의회의 통제

Congress enjoys the ability to delegate significant tasks to agencies but does not have unlimited control over decisions that those agencies subsequently make. The following inventory setting forth some of the more prominent oversight tools currently used by Congress. ① Committee hearings ② The Congressional Review Act of 1996③ Appropriations riders ④ Congressional Budget Office(CBO), etc. For the sake of avoid oversight of Congress agency wants use of “Guidance Documents”. But guidance documents often come in a variety of formats and names, including interpretive memoranda, policy statements, manuals, bulletins etc., but are not limited to, agency interpretations or policies. Guidance documents differ from legislative rules in three major ways :① Procedural requirements for issuance ② Legal effects both inside and outside the agency ③ Availability and scope of judicial review In order to measure whether agency leaders use guidance documents to circumvent the rulemaking process. We must determine whether they issue guidance strategically. The account below is then empirically tested to determine whether agency leaders use guidance strategically. ① Congressional and presidential preference ② Alignment of political principals ③ Judicial challenge ④ Difference in level of procedural constraints ⑤ Durability ⑥ Enforceability ⑦ Budget etc.