Publications :  The Watcher :  OMB Watcher Vol. 9: 2008 :  March 4, 2008 Vol. 9, No. 5 : 

In This Issue

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Investigation of United Church of Christ Shows IRS Rules Need Fixing (03/04/2008)
On Feb. 20, the Internal Revenue Service (IRS) sent the United Church of Christ (UCC) national office a letter announcing the agency has launched an investigation because there is "reasonable belief" that the church violated the ban on partisan electioneering, based on a June 23, 2007, speech by Sen. Barack Obama (D-IL) at the church's 50th General Synod. The investigation has generated strong reactions, and as details emerge, it is clear that this case highlights the inherent weakness of the IRS's facts and circumstances test as a regulatory standard defining what is and is not partisan electioneering.

House Committee Hearing Highlights Lax Enforcement of Voting Rights (03/04/2008)
The House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties held a hearing on Feb. 26 to examine the problems of voter suppression and poor enforcement of voting rights. The hearing largely focused on the U.S. Department of Justice's (DOJ) lax enforcement of voting rights mandates in the National Voter Registration Act (NVRA). Evidence of tactics to prevent people from voting (voter suppression) was also presented.

Federal Meat Inspectors Spread Thin as Recalls Rise (03/04/2008)
The federal regulator of meat, poultry, and egg products, the Food Safety and Inspection Service (FSIS), faces resource limitations that make it more difficult for the agency to ensure the safety of the food supply. Although the agency's budget has risen since it was created, staffing levels have dropped steadily. Widespread vacancies in the agency have spread FSIS's inspection force too thin. Meanwhile, the number of meat, poultry, and egg product recalls has risen, and a recent recall of 143 million pounds of beef is the largest in the nation's history.

Environmental, Worker Safety Rules Targeted by Industry Groups (03/04/2008)
The Small Business Administration's (SBA) Office of Advocacy has finalized a list of ten rules it will encourage federal agencies to modify. The Office of Advocacy compiled the list after receiving recommendations from small businesses and industry lobbyists.

High Court Expands Federal Preemption in Medical Cases (03/04/2008)
The U.S. Supreme Court has taken up a series of cases that addresses the issue of whether federal agency approval of medical devices and drugs shields manufacturers of those products from liability under state laws. In a case decided Feb. 20, the Court held that federal law preempts state liability claims if certain medical devices received U.S. Food and Drug Administration (FDA) approval. The Court also considered if that same protection should be extended to drug manufacturers.

Bush Administration to Alter Employee Leave Protections (03/04/2008)
The Department of Labor (DOL) has announced a proposed rule that would alter federal protections for workers who need to take leave to care for themselves or their families. DOL chose to pursue the rule changes after hearing complaints from industry lobbyists.

EPA Releases 2006 TRI Data (03/04/2008)
The U.S. Environmental Protection Agency (EPA) released the 2006 Toxics Release Inventory (TRI) data on Feb. 21. This is the fastest data release in the history of the program, although it still constitutes more than a year of lag time from the period the data refers to, and it still takes four months longer than Canada's National Pollutant Release Inventory. The 2006 data, which marks the first year that facilities are allowed to stop detailed reporting on chemical waste of less than 5,000 pounds, indicates that nationwide, 4.25 billion pounds of toxic pollution were released, which was a two percent decrease from 2005.

Inspectors General Need More Independence (03/04/2008)
A new study by the Project on Government Oversight (POGO) found that many Inspector General (IG) offices do not have sufficient independence to effectively discharge their responsibilities to investigate agencies for possible mismanagement, waste, fraud, or abuse.

FY 09 Budget Resolution: Goals, Strategies, and Challenges (03/04/2008)
The House and Senate Budget Committees will soon turn to the congressional budget resolution for Fiscal Year 2009. The draft versions of the budget resolution, to be offered by House Budget chief Rep. John Spratt (D-SC) and Senate Budget head Kent Conrad (D-ND), are likely to be considerably different from President Bush's unrealistic budget proposal submitted to Congress in February.

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