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  • Tales of the Red Tape

    Tales of the Red Tape is a special series on The Foundry that exposes some of the more egregious federal regulations that have multiplied by an unprecedented degree in the past year.

    Tales of the Red Tape #31: Charlie Manson for Hire

    The Equal Employment Opportunity Commission (EEOC) has brought forth yet another excuse to punish employers: Conducting a criminal background check of job applicants could trigger charges of race discrimination. No joke. By a vote of 4–1, the commission last week approved its new “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.” According to said document, individuals in “protected groups” (i.e., African Americans and Hispanics) are convicted of crimes at a rate disproportionately greater than their … More

    Tales of the Red Tape #29: Drowning in New Regulations

    Some 120 regulations taking effect in the past year require enhanced accommodations for disabled individuals at 65 different types of public and private facilities—encompassing 7 million privately owned sites and 80,000 units of state and local government—including stadiums; convention centers; auditoriums; airport terminals; public parking facilities; theaters and concert halls; jails; prisons; bowling alleys; fishing piers; amusement parks; hotels, motels, and spas; restaurants; stores; health care clinics; and office buildings (to name a few). All of which will cost more than $1 billion annually for each of the next 15 … More

    Tales of the Red Tape #28: Simplifying Insurance a la Obamacare

    Obamacare requires health insurance companies to produce a summary of benefits and coverage (SBC) based on a government-imposed template and glossary. Below is a sampling of the requirements (70 pages) concocted by the Departments of Health and Human Services, Labor, and the Treasury to simplify the task. The summary of benefits and coverage “must be presented in a uniform format, cannot exceed four double-sided pages in length, and must not include print smaller than 12-point font.” It also must “replicate all symbols, formatting, bolding, and shading.” Plans and issuers must … More

    Tales of the Red Tape #27: Don’t Dress Grandma!

    The bosses at the Department of Labor (DOL) have decided that federal wage and overtime provisions should not apply when grandma’s “companion” assists her with toileting. Moreover, said companion is exempt from the regulations as long as he or she sticks to playing cards, watching television, or engaging in hobbies with a charge. But be forewarned: The exemption will be surrendered should a companion dare to dress grandma on a recurring basis, prepare food not consumed in his or her presence, or regularly draw a bath. These and other “personal … More

    Tales of the Red Tape #25: EEOC Disables Employers

    A high school diploma has long served as the most basic requirement for an entry-level job (notwithstanding declining standards in government schools). But now comes the Equal Employment Opportunity Commission (EEOC) declaring that a sheepskin prerequisite constitutes discrimination. In the opinion of the vaunted EEOC Legal Counsel staff, requiring a high school diploma has a “disparate impact” on individuals with a learning disability. In other words, requiring a high school diploma discriminates against those who don’t have one by holding them to a standard they fail to meet. Proponents of … More

    Tales of the Red Tape #23: Internal Revenue Scam

    The straight text of the U.S. tax code exceeds 5,000 pages. Throw in the annotations necessary to actually decipher the thing and it swells beyond 72,000 pages. (Instructions for filing the “EZ” form run 41 pages.) All of which will yield a whopping $2.6 trillion in federal tax receipts (estimated) for 2012. So, naturally, the Internal Revenue Service (IRS) has concocted new regulations that make the preparation of tax returns even more difficult and costly. The new rules require tax preparers who aren’t lawyers or Certified Public Accountants to obtain … More

    Tales of the Red Tape #22: A Real Waste of Regulatory Energy

    If you’re concerned that the Solyndra scandal is hampering other energy initiatives, worry not. The U.S. Department of Energy (DOE) is moving right along with its review of urinal efficiency. Not urologically speaking, of course, but in terms of the ceramic catch of nature’s call. The federal plumbing police last codified water efficiency standards for urinals back in 1998. According to statute, the DOE must allow states to toughen such requirements if the feds don’t do so within five years. Having thus waived pre-emption, the agency is now seeking information … More

    Tales of the Red Tape #21: USDA’s Affirmative Action for Vegetables

    First they came for the donuts, and few dared to defend partially hydrogenated vegetable oil. Then they came for the soft drinks, declaring high-fructose corn syrup verboten. Now they’re after lima beans, peas, and corn, moving us ever closer to a national diet of tofu and kale. “They,” in this latest case of dietary despotism, is the Food and Nutrition Service (FNS) of the U.S. Department of Agriculture (USDA). As required by Congress, the agency recently proposed stricter nutrition standards for school-based breakfast and lunch programs. More than 98,000 elementary … More

    Tales of the Red Tape #20: The Outer Limits of Regulation

    The Obama Administration has issued a record number of costly rules and regulations compared to its predecessors. But one set of new guidelines, in particular, takes government authority to new heights. The moon, actually. NASA has instituted “no-fly zones” and other limits on lunar liberty to ensure that future “space-faring entities” steer clear of the sites of previous U.S. missions, where there’s no shortage of “artifacts” to be found—including 30 “defecation collection devices” ditched by astronauts in favor of more valuable cargo. The agency has also declared “no parking” for … More

    Tale of the Red Tape #19: A More Perfect Union Advantage

    Let’s take a closer look at how the Obama Administration demonstrates “efficiency” and “economy” in actual practice. Fair warning: It ain’t pretty. New rules (supposedly) intended to maximize the services of government contractors require such firms to give first preference in hiring to the workers of the company that lost the contract. That is, when a government contract is awarded to a different firm, this new contractor must first offer employment to the workers of the previous contractor before hiring anyone else. As delineated in the Federal Register of August … More