Congress Returns with Little Time, Huge Workload

Congress returned to Washington the week of Sept. 8 to a jam-packed schedule and just three weeks left to complete work for the year before the target adjournment date of Sept. 26. Below is a brief summary of some of the major pieces of legislation covering fiscal policy issues that will likely be addressed:

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Rising Unemployment Adds to Struggling Economy

When the Labor Department released its monthly unemployment and jobs data on Sept. 5, it reported that the unemployment rate for the month of August was 6.1 percent. The 0.4 percentage point increase over the prior month has pushed the unemployment rate to a five-year high and is the latest indication that the economy continues to deteriorate.

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Commentary: Bush's Last-Minute Rush to Dismantle Public Protections

by Gary D. Bass, OMB Watch Executive Director
Those who keep an eye on the federal government know the Bush administration is not friendly toward regulation — particularly health, safety, environmental, civil rights, and consumer protections. When they have been forced to regulate, Bush officials have advanced policies that mostly let the market control the game, while the idea of strong government intervention has been left to gather dust. However, even outside the recent regulatory takeover of Fannie Mae and Freddie Mac, events show the administration is starting to kick things into high gear on regulations, trying to lock the next administration into a Bush legacy.

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FDA Fighting Mounting Evidence on BPA

The U.S. Food and Drug Administration (FDA) continues to claim there is insufficient evidence about the health effects of a chemical widely used in consumer products to justify regulating the substance. Evidence is mounting from a variety of other sources, however, that bisphenol-A (BPA) may affect human development and mental health. FDA continues to advise consumers that there is no reason to "discontinue using products that contain BPA."

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Critics Ask DOJ to Drop Proposed Expansion of Domestic Surveillance Powers

Recently, several organizations submitted public comments critical of a Department of Justice (DOJ) proposed rule to expand the power of state and local law enforcement agencies to investigate potential criminal activities and report the information to federal agencies. Many noted the proposal is unnecessary for public safety and a threat to free speech and association. DOJ claims the changes are necessary because the existing regulation on criminal investigation does not specifically mention terrorism or "material support thereof."

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Senate Report Documents Problems with State Secrets Privilege

An Aug. 1 report by the Senate Judiciary Committee articulates the need for new legislation to limit the state secrets privilege. The report documents that the current administration has asserted the privilege "more frequently and broadly than before" and that reforms, such as the State Secrets Protection Act (S. 2533), are necessary to restore the proper balance between the right to an open and accountable government and the protection of legitimate state secrets. The report's dissenters — nearly all the Republicans on the committee — disagree with the report, arguing that existing procedures are sufficient.

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State Group Launches Government Transparency Wiki

On Aug. 11, the Buckeye Institute for Public Policy Solutions in Columbus, OH, announced the creation of its Center for Transparent and Accountable Government. With the mission of promoting open government initiatives at the federal and state levels, the center is leading the effort in Ohio to provide access to state and local government information and enable user participation in government through its wiki.

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EPA Launches Online System for Reporting Violations

The U.S. Environmental Protection Agency (EPA) recently launched a pilot program to allow companies to electronically self-disclose violations of environmental laws. The new voluntary program, called eDisclosure, is designed to speed the processing times and reduce transaction costs for voluntary disclosures of violations under the Emergency Planning and Community Right-to-Know Act (EPCRA).

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Fisheries Rule Cuts Public Participation

A Commerce Department proposed rule governing fisheries management threatens to curb public participation in environmental reviews and give greater control to the fishing industry. The public comment period for the proposed rule ended on Aug. 12.

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Federal Court Denies Injunction and Upholds Strict Voter Registration Fines in Florida

On Aug. 6, the U.S. District Court for the Southern District of Florida denied the League of Women Voters of Florida's (LWVF) request for a preliminary injunction to prevent a harsh voter registration law from taking affect. The law levies substantial fines on organizations that register voters and that do not promptly deliver the completed voter registration forms to the Florida Division of Elections. While the law does prescribe tougher penalties for willful misconduct, it does not grant exemptions for undue hardships or for inadvertent errors.

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