Regulatory Burden: Some Agencies' Claims Regarding Lack of Rule Making Discretion Have MeritThis report builds on a previous report regarding what business said were the 125 federal regulations that were most problematic for them. This report examines the assertions by federal agencies that some of the regulatory concerns were attributable, in part, to the underlying statutes. It determines: the amount of discretion the underlying statutes gave the rulemaking agencies in developing the regulatory requirements; whether the regulatory requirements at issue were within the authority granted by the underlying statutes; and whether the rulemaking agencies could have developed regulatory approaches that would have been less burdensome to business while still meeting the underlying statutes requirements. Charts and tables. |
Common terms and phrases
According to 12 actual deferral percentage Agencies Appeared agencies no discretion Agency Response Amount Amount of Discretion annual percentage yield Approach Was Available authority granted Available Statutory Purpose banking agencies believe Burdensome Regulatory Approach call reports changes Clean Water Act codified Company Concern Agency Concern Agency Response concluded Congress costs deposit accounts depository institutions determine developed a less disclose disclosure requirements discretion in drafting Discretion Permitted discretion regarding Discretion Whether Regulatory Drafting Regulatory Requirements drafting the regulatory EEOC employees ERISA established example Expedited Funds Availability FDIC flood insurance focused FRB's Funds Availability Act gave the agencies Hazardous Materials hazmat HCFA Less Burdensome Regulatory Multiplex Company number of concerns PBGC Permitted by Statute pesticides regulated entities Regulation CC Regulation DD regulatory provisions reporting requirements requirements at issue reregistration rulemaking agencies specific requirements standards Statute in Drafting Statute Whether Less thrift savings plans Truth in Savings underlying statutes gave
Popular passages
Page 47 - It is the purpose of this title to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit S 103.
Page 41 - Any employer who has received a citation for a violation of the requirements of section 5 of this Act, of any standard, rule, or order promulgated pursuant to section 6 of this Act, or of...
Page 41 - States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources...
Page 79 - ... (c) Every employer, employment agency, and labor organization subject to this title shall (1) make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed, (2) preserve such records for such periods...
Page 41 - ... so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources (1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions...
Page 81 - Fair Labor Standards Act of 1938". FINDING AND DECLARATION OF POLICY SEC. 2. (a) The Congress hereby finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general wellbeing of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and perpetuate such labor conditions...
Page 80 - ... from the date of the making of the record or the personnel action involved, whichever occurs later. In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of 6 months from the date of termination.
Page 39 - ... in the interests of employees and their beneficiaries, for the protection of the revenue of the United States, and to provide for the free flow of commerce, that minimum standards be provided assuring the equitable character of such plans and their financial soundness.
Page 81 - Act of 1967] to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; [and] to help employers and workers find ways of meeting problems arising from the impact of age on employment.
Page 64 - These regulations may contain such classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for any class of transactions, as in the judgment of the Board are necessary or proper to effectuate the purposes of this title, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.