The Legislative Veto: Congressional Control of Regulation by Barbara Craig

Author:Barbara Craig [Craig, Barbara]
Language: eng
Format: epub
Tags: International Relations, Political Science, General
ISBN: 9781000302929
Google: TgaiDwAAQBAJ
Goodreads: 49788385
Publisher: Routledge
Published: 2019-07-11T00:00:00+00:00

Law-Related Education Regulations

The Senate version of the 1978 Education Amendments included an amendment authorizing the commissioner of education to make grants and contracts for the provision of law-related education designed to equip nonlawyers with knowledge and skills pertaining to the legal system. Although the House bill had no such provisions, $15 million was authorized for a law-related education program by the conference committee compromise. Approximately $1 million was eventually appropriated.

Statutory guidance on this new program was decidedly skimpy. The initial section of the act, which set forth the rationale for congressional action, stated:

Because of a widespread lack of understanding of how our system of law and legal institutions works, and because such an understanding is an essential component in developing faith and appreciation in our democratic system, Congress finds that there is an urgent need for Federal involvement designed to encourage .and support the development of law related programs.64

The statement of purpose was augmented by a list of seven potentially legitimate activities that might be funded under the act. Financial assistance under the act was to be made only upon application to the commissioner, and "shall be submitted at such time, in such form, and containing such information as the Commissioner shall prescribe by regulation." There is no further guidance as to program design or content within the one-page statute.

On June 29, 1979, the commissioner published proposed regulations--based on findings of the OE Study Group on Law-Related Education and on recommendations of interested members of. the public -- for public comment in the Federal Register.65 Chairman Perkins wrote to Acting Commissioner Berry on September 4, calling attention to several regulations that he thought added requirements beyond those in the legislation. On April 17, 1980, Acting Commissioner Smith responded to Perkins, indicating a number of specific changes that had been made to bring the language of the regulations closer to that of the statute. Smith explained OE's legal authority and reasons for keeping three of the regulations to which Perkins had objected: (1) a complete schedule of matching requirements for different categories of grants; (2) limits on the time an individual grantee can continue to receive funds under the act; and (3) creation of four categories of grants, each with its own requirements, its own competition for funds, and its own reservation of funds.66. The final regulations, including these three, were published in the Federal Register on April 24, 1980. In attached documentation, the acting commissioner defended OE's strategy in implementing these requirements for the program:

The statute provides a broad framework for the program and enables various categories of funding to be established to meet the evolving needs of the field. The Commissioner believes that it is important to focus the program in this way.

To leave the program open and let applicants apply against the statute, as suggested by the commentor, could result in no discernible national impact.

It is well-established in law and in practice that executive agencies may regulate to interpret a statute and to fill in its gaps. Section

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