Sec. 2. Findings
230 words·~1 min read·
/bill/118/hr/1507/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds the following: Congress is dependent on providing discretion to executive officials and agencies (including independent agencies) to implement its statutes. Congress provides appropriate oversight of the use of this discretion. Regulatory legislation is often phrased in broad terms, with an intelligible principle, to empower agencies to address issues, such as those presented by technological, scientific, or social developments that were not precisely foreseen when the legislation was enacted; and to draw upon the agency's specialized knowledge, experience, and responsibility for implementing the statute.
Such broad authorizing language is often necessary to empower the administering agency to take effective action when new or unforeseen issues arise, provided that the rule does not exceed clear limits in statute nor implement it in an impermissible manner. A rule that an agency has adopted to implement a broadly worded regulatory statute should generally not be held to be invalid on the basis that Congress has not addressed the agency’s proposed course of action in specific terms.
A rule that an agency has adopted to implement a regulatory statute should generally not be held to be invalid on the basis that the agency has not previously adopted a similar rule or scheme of regulation. The expectation that a rule will have broad economic, political, or social signficance, should not, standing alone, negate application of the principle stated in paragraph (1), (2), or (3).