Administrative Procedure Reform Act of 1979
Latest action. Referred to House Committee on Rules.
Administrative Procedure Reform Act of 1979 - Repeals the provision of the Administrative Procedure Act which permits agencies to refuse to hold a public hearing on a decision on the basis that such a hearing is impracticable where one would otherwise be required. Gives any interested party a right to present an oral argument at any hearing subject to the Act. Repeals other specified exemptions from the public notice and hearing provisions of the Act and extends from 30 days to 90 days the length of time which must pass between public notice of and the actual holding of a hearing conducted pursuant to the Act. Grants any person the right without charge to a copy of the transcript of any portion of an administrative hearing which deals with evidence submitted by such person. Prohibits any Federal official from entering upon private property for inspection or seizure of evidence without a search warrant. Directs the evidence be admitted at an administrative hearing only pursuant to the Federal Rules of Evidence. Permits agencies to impose sanctions on a person only if such person has been given at least 30 days to correct the violation on which such sanction is based. Grants any such person the right to confront and cross-examine any adverse witness and rebut all evidence concerning such alleged violation. Requires a copy of all proposed rules of Federal agencies to be sent to Congress. States that such rule, other than an emergency rule, shall not become effective if it is disapproved within 90 days by both Houses of Congress, or it is disapproved within 60 days by one House and no action is taken on the disapproval resolution by the other House. Sets forth House and Senate procedures for consideration of such resolutions. States that judicial review of agency decisions shall be had without requiring the appellant to exhaust administrative remedies. Permits de novo trials of appealed issues.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on February 21, 1979. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on February 21, 1979: Referred to House Committee on Rules.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
MICKEY EDWARDS (R-OK) introduced it on February 21, 1979, and 8 members have since signed on as cosponsors.
They come from both major parties: 1 Democrat, 7 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on February 21, 1979, 17368 days ago. The most recent recorded action was 17368 days ago, on February 21, 1979.
Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers