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OMB Watch Logo
Publications :  The Watcher :  OMB Watcher Vol. 8: 2007 :  November 20, 2007 Vol. 8, No. 23 : 

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In This Issue

Federal Budget
Republicans Keep Obstructing Common-Sense Investment Initiatives
Estate Tax Repeal No Longer on the Table
White House Attempts to Entrench PART at Federal Agencies
The Real Long-Term Health Care Challenge

Information & Access
Congress Reforming Government Surveillance Authority
Secrecy for Farm Animals
Toxic Chemicals R Us
States Average a D-Minus on Disclosure

Nonprofit Issues
Nonprofits Object to Poison Pill Amendment in Senate Campaign Finance Disclosure Bill
Scrutiny of Anti-Terrorism Watchlists Increases

Regulatory Matters
More of the Same: Import Safety Panel Leaves Business in Charge
Bush Fuel Economy Measure Rejected by Court
OSHA Issues Personal Protective Equipment Rule
White House Rejects Krill Protection Rule


More of the Same: Import Safety Panel Leaves Business in Charge (11/20/2007)
The Bush administration's cabinet-level Interagency Working Group on Import Safety released its final report Nov. 6 on ways to improve the safety of food and consumer products imported into the U.S. The report calls for limited increases in some federal agencies' responsibilities but does little to change the current voluntary regulatory scheme that governs some $2 trillion worth of products, 800,000 importers and more than 300 ports-of-entry.

Bush Fuel Economy Measure Rejected by Court (11/20/2007)
A U.S. court of appeals has overturned a recent National Highway Traffic and Safety Administration (NHTSA) rule that revised a national standard for fuel economy. Environmentalists hailed the ruling as a victory and framed it as condemnation of the Bush administration's record on fuel economy and global warming.

OSHA Issues Personal Protective Equipment Rule (11/20/2007)
Eight years after proposing it, the Occupational Safety and Health Administration (OSHA) has finalized a worker safety rule. The final rule mandates employers pay for worker personal protective equipment (PPE). OSHA published the rule in the Federal Register on Nov. 15, and it is to take effect Feb. 13, 2008.

White House Rejects Krill Protection Rule (11/20/2007)
The White House has rejected an effort by the National Oceanic and Atmospheric Administration (NOAA) to protect krill, an important marine species abundant in the Pacific Ocean. NOAA's proposed rule is a precautionary measure aimed at protecting krill in the future but was rejected by White House officials for failing to identify a need for the regulation.

Congress Reforming Government Surveillance Authority (11/20/2007)
Legislation to reform expansive surveillance authority moved forward in both the House and the Senate recently. The House passed the RESTORE Act (H.R. 3773), which would reform the Protect America Act (PAA), passed in haste before Congress's August recess. The Senate Judiciary Committee narrowly passed the FISA Amendments Act of 2007 (S. 2248) without telecom immunity provisions that were included in the Senate Intelligence Committee bill, setting up a confusing situation that makes it unclear which version will be sent to the Senate floor for consideration.

Secrecy for Farm Animals (11/20/2007)
The Senate Agriculture Committee approved a bill in late October that would create a Freedom of Information Act (FOIA) exemption for records in the National Animal Identification System (NAIS). Open government advocates strongly oppose the exemption and see it as a violation of the public's right to access information regarding food safety.

Toxic Chemicals R Us (11/20/2007)
All 35 participants tested positive for three toxic chemical groups in a study conducted by the Commonweal Biomonitoring Resource Center and the Body Burden Working Group. The report on the study, Is It In Us?: Chemical Contamination in our Bodies, released Nov. 8, is the first multi-state, multi-organizational effort to evaluate the presence of this particular combination of chemicals in Americans.

States Average a D-Minus on Disclosure (11/20/2007)
A new report by Good Jobs First finds that states have not kept up with technology in creating certain disclosure systems, and in some cases actively resist advances. The State of State Disclosure analyzed state websites for publicly available data on economic development subsidies, state procurement contracts and lobbying activities. Connecticut scored the highest, with an average of 84 percent, but more than half of the states received failing grades, placing the average score at 60 percent, a D-minus.

Republicans Keep Obstructing Common-Sense Investment Initiatives (11/20/2007)
Over the past few months, an intransigent president and a conservative coalition in Congress have waylaid a host of common-sense, progressive spending initiatives, including the reauthorization of the nutrition section of the Farm Bill, the State Children's Health Insurance Program (SCHIP), and funding for domestic priorities in the Departments of Labor, Health and Human Services (HHS), and Education.

Estate Tax Repeal No Longer on the Table (11/20/2007)
On Nov. 14, the Senate Finance Committee dedicated time to a hearing to investigate uncertainty in estate tax law, despite a plethora of more pressing fiscal issues facing the current Congress.

White House Attempts to Entrench PART at Federal Agencies (11/20/2007)
The White House issued an executive order (E.O. 13450) on Nov. 13 that would attempt to entrench the administration's controversial Program Assessment Rating Tool (PART) within federal agencies long after President Bush leaves the White House. The order would create a point person within agencies responsible for program performance, allow the Office of Management and Budget (OMB) more leverage over specific aspects of program implementation and solidify the PART program review process as the evaluator of government programs.

The Real Long-Term Health Care Challenge (11/20/2007)
Recently, the Congressional Budget Office (CBO) has been issuing reports challenging conventional thinking about the long-term fiscal problem facing the nation, which holds that it is primarily related to the influence of demographic changes on Social Security and Medicare. These reports draw on the work of researchers and writers who found that the long-term fiscal challenge is almost entirely unrelated to demographics and Social Security, and it is mostly confined to inefficiencies in the private and public health care system.

Nonprofits Object to Poison Pill Amendment in Senate Campaign Finance Disclosure Bill (11/20/2007)
A long-standing effort to require campaigns for the U.S. Senate to file their campaign finance reports electronically has hit a new roadblock. An amendment offered by Sen. John Ensign (R-NV) would infringe on contributor privacy rights by requiring donor disclosure by groups that file Senate ethics complaints. An ideologically diverse group of nonprofits sent a letter to Senate leadership voicing opposition to this proposal, saying the amendment's clear intent is "to discourage organizations from taking action to keep government accountable."

Scrutiny of Anti-Terrorism Watchlists Increases (11/20/2007)
Stirring up controversy and resentment, the United Nation's terrorist watchlist has led to the release of a critical report from Europe's leading human rights watchdog organization. U.S. watchlists have also caused controversy, including the massive no-fly list and the Specially Designated Nationals (SDN) list used to shut down charities. A recent hearing in the House Homeland Security Committee examined the extent to which U.S. watchlists infringe on the rights of innocent persons by maintaining inaccurate records and not addressing current security vulnerabilities.