On the recordJanuary 19, 1995
the answer is yes. As this colloquy has helped show, at least from my perspective, section 408(C) provides that authorization bills that impose a mandate and delegate authority to a Federal agency shall include criteria and procedures to guide the Federal agency's actions. To the extent that an authorization bill contains such criteria and procedures, it increases the likelihood that the delegation of authority is constitutional. To the extent that such a bill lacks appropriate criteria and procedures, it increases the likelihood that the delegation is unconstitutional. The Senate could, of course, vote to overrule any point of order raised on this basis. But that does not necessarily mean that the delegation is constitutional because the Senate overruled a point of order. The ultimate question of constitutionality is for the courts to decide. Of course, ultimately, all these questions of the constitutionality of a delegation of authority through an executive agency are through the courts. I am satisfied that the attempt has been made in the legislation to meet the constitutional requirements. I thank my colleague, the Senator from Idaho, for making these points clear to me. As far as I am concerned, on this point, I have no further concern.
Source
govinfo.gov




