We all know this was
less Congressional intent and more the perils of merging two massive pieces of legislation in a couple of days.
The National Association of Home Builders has filed a lawsuit against the corps, saying that the rules violate
congressional intent of a streamlined permitting process.
DOE should issue firm guidance that states must not evade
clear congressional intent by allowing weak - kneed responses to chronic school failure.
«As written, the proposed QRM rule
violates congressional intent, makes home ownership more expensive for millions of responsible consumers and jeopardizes the fragile housing recovery,» Phipps said.
Second, as Richard «Dick» Lipton explains in the American Bar Association Tax Lawyer article «Hyperlexis» (which I can't link here) legislators in an attempt to curtail bureaucratic discretion draft more and more complex and arcane laws to
clarify Congressional intent.
NAR wants federal regulators to honor
congressional intent by crafting a QRM exemption that includes a wide variety of traditionally safe, well documented and properly underwritten products.
This is inconsistent
with Congressional intent to provide an additional year as evidenced by the approval of the Fiscal Year (FY) 2016 omnibus bill in December 2015 that delayed ESSA implementation by a year.
The implications of the government's position are so far - reaching — both in terms of what it would allow today and what it implies about
Congressional intent in 1789 — as to produce impermissibly absurd results.
This ignores the unique challenges schools with high concentrations of poverty face, stretches the dollars thinner, diminishes the effectiveness of the funding, and
undermines congressional intent.
The case asks whether a «process» must be tied to a machine or transform something into a different state in order to be eligible for patent protection and whether that test
contradicts congressional intent.
«The outrageous course of action pursued by the DEA in this instance contradicts clear
Congressional intent regarding the cultivation of industrial hemp laid out in the Farm Bill and confirmed in the hemp amendment to the Commerce, Justice, Science Appropriations bill which prohibits DEA from spending money to block implementation of the Farm Bill hemp provision,» continued Eric Steenstra.
Sen. Murray and Sen. Scott argue that the new rule «
honors Congressional intent» by «empowering local leaders with greater latitude in...
Wyoming will continue to vigilantly review and comment on proposed rules, regulations, and guidance wherever it veers
from congressional intent and / or does not fit well in our state.
The further showing required by part two of the test is also reasonable in light of the clear
congressional intent exhibited in section 523 (a)(8) to make the discharge of student loans more difficult than that of other nonexcepted debt.
«[NCATS] appears to be both
ignoring congressional intent regarding the number of CTSA hubs as well as attempting to erode financial support for the hubs.»
To
fulfill congressional intent, today's Title I dollars flow to the states, which then distribute the dollars to districts based on the number of students in poverty and the percentage of total students in poverty in each district.
I am surprised and kind of saddened that no one took Ginsburg to task for acknowledging at one turn that the Court doesn't
infer Congressional intent from silence but at the next turn doing exactly that.
The NAR - backed bill would
restate Congressional intent: that financial services modernization enacted several years ago wasn't intended to breach the separation between banking and commerce.
And second, I thought the Booker remedy was mainly designed to reconcile Booker
with Congressional intent and policy interests.
Although some states may push to meet this requirement through a «dashboard» approach where they merely release data in a single place, that approach would
violate congressional intent, fail to meet the needs of parents and taxpayers, and ignore the academic research on school accountability.
This includes ventilation about blocking access to climate data, data manipulation, investigating climate scientists, squashing dissent, selective science, end runs
around Congressional intent, etc... sort of like a catalog of what they have been doing since climate change went prime time in 1988.
This second prong is intended to effect «the clear
congressional intent exhibited in section 523 (a)(8) to make the discharge of student loans more difficult than that of other nonexcepted debt.»
Although both appellants and the government argue that the ACA, read in its totality, evinces
clear congressional intent, they dispute what that intent actually is... We conclude that the appellants have the better of the argument: a federal Exchange is not an «Exchange established by the State,» and section 36B does not authorize the IRS to provide tax credits for insurance purchased on federal Exchanges.
Holding that
congressional intent in this regard was unclear, the Court said the rule did not force a Title X grantee agency or its staff to forego non-Title X abortion - related activities, but «merely require [d] that the grantee keep such activities separate and distinct from Title X activities.»
The GOP majority argued that the rules, written by President Barack Obama's Education Department,
contradicted congressional intent and amounted to executive overreach.
Including IRAs is a blatant disregard of
Congressional intent.
First, seeking to effect substantive goals through disclosure requirements violates
the Congressional intent behind the federal securities laws.
Yet in a move that was clearly no part of
Congressional intent, the Treasury has announced that it will allow this commitment to «increase as necessary to accommodate any cumulative reduction in net worth over the next three years.»
Wilken rejected Interior's request to postpone its decision on polar bears until June 30, saying that to do so violates «
congressional intent that time is of the essence in listing threatened species,» and ruled further that the agency had failed to prove that waiting «will not pose a threat to the polar bear.»
While the IMIs created by the White House represent a real financial commitment, the pending legislation is at most an expression of
congressional intent.
The Education Department, noting its disagreement with a statement of
Congressional intent, says it will not require states to earmark extra Chapter 2 block - grant money for «high cost» pupils.
In fact, our letter said, the regulations are overly prescriptive and «run afoul of
congressional intent to restore governance to state and local education leaders [and they] perpetuate the «No Child Left Behind» - like structure of maintaining rigid federal specifications for state accountability systems.»
To clarify
congressional intent, framers defined evidence - based with three tiers of evidence:
It was
the congressional intent of ESSA to significantly shift authority and decision - making to the state and local level as compared to the federal mandates of the No Child Left Behind Law it replaced.
«I will be monitoring the secretary's actions closely to ensure they are consistent with the law and
congressional intent.»
Encouraging Congress and the President to re-state that
the Congressional intent of the federal Controlled Substances Act is not to prohibit the production of industrial hemp.
But the challenges in using § 115 (both
Congressional intent and what we've already seen from the courts) to regulate GHGs make any successful outcome practically impossible.