Examining Agency Discretion in Setting and Enforcing Regulatory Fines and Penalties
Subcommittee on Regulatory Affairs and Federal Management
Location: SD-342, Dirksen Senate Office Building
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Member Statements
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Chairman James Lankford R (OK)Download Statement (192.2 KB)
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Ranking Member Heidi Heitkamp D (ND)Download Statement (205.2 KB)
Agenda
Congress has delegated varying degrees of enforcement flexibility to regulatory agencies to set penalties for regulatory violations. When properly used, this authority is a powerful tool for agencies to encourage compliance and achieve regulatory goals. However, this authority is also susceptible to abuse if not properly administered. To that end, this hearing examined the process by which agencies set and enforce regulatory fines and penalties, the amount of discretion agencies have in assessing fines and penalties, and the efforts that agencies have taken to ensure consistency and transparency over regulatory enforcement decisions.
Witnesses
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Jordan BarabDownload Testimony (84.6 KB)Deputy Assistant Secretary of Labor for Occupational Safety and HealthU.S. Department of Labor
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Susan ShinkmanDownload Testimony (172.6 KB)Director, Office of Civil EnforcementU.S. Environmental Protection Agency