
Vol. 2 No. 6 March 19, 2001
by Guest Blogger, 7/17/2002
In This Issue
Congress Repeals Ergo Standard
House Passes Bill on Small Business Paperwork
Administration Delays Roadless Rule
Bush Agency Review Limits Risk Management Plans
Industry CRE-ates Mischief Against Right To Know
Bush Nominee Draws Fire for Hostility to Public Protections
Tax Cut Frenzy Update
Estate Tax Hearing
Charitable Giving Hearing
Senate Debates Campaign Finance Legislation Impacting Charities
IRS Will Wait on Nonprofit Internet Use Guidelines
OMB Watch Evaluation of Online State Legislatures
E-FOIA Evaluations
New Chemical Exposures Report
Corrections
Congress Votes to Repeal Ergonomics Standard
Largely along party lines, Congress has voted to repeal ergonomics standards to protect workers from repetitive stress injuries, such as carpal tunnel syndrome.
The House voted 223-206 to repeal the rule on March 7, with 206 Republicans voting for the "resolution of disapproval" and 191 Democrats against it; 13 Republicans and 16 Democrats crossed party lines. A complete list of how members voted is available on the House web site.
The House vote followed the Senate's action March 6, with 56 voting for repeal and 44 opposed. No Senate Republicans voted against the "resolution of disapproval" and six Democrats voted for it – Sens. Max Baucus (MT), John Breaux (LA), Ernest Hollings (SC), Mary Landrieu (LA), Blanche Lincoln (AR), and Zell Miller (GA).
In making the case against the ergonomics standard, the mostly Republican opponents began by stating their commitment to worker health and safety. But, they explained, it was the particulars of the rule they objected to, not an ergonomics rule per se. This argument, however, seems highly suspect given the history of the ergonomics standard.
During the 10 years since then-Labor Secretary Elizabeth Dole initiated the ergonomics rulemaking, business interests and most congressional Republicans have continuously questioned the need for any ergonomics standard – despite numerous studies that have demonstrated its urgency.
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House Passes Bill on Small Business Paperwork
At the beginning of the last Congress, in early 1999,
HREF="/regs/1999/sbpra-vote.html">the House passed a
bill that would have granted immunity to first-time violators of paperwork requirements -- which serve as the foundation for enforcing regulatory protections -- even in cases of willful violations. This legislation was highly controversial and opposed by the Clinton administration, which had enough votes to sustain a veto. As a result, it
never moved in the Senate.
This Congress, the Republican majority decided to try a different approach. The controversial waiver provision was struck entirely, while the other components of the bill were left in place. With a little bit of fine tuning,
HREF="http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.00327:">the Small
Business Paperwork Relief Act (H.R. 327) passed the House last week
HREF="http://clerkweb.house.gov/cgi-bin/vote.exe?year=2001&rollnumber=50">on
a unanimous vote.
Specifically, H.R. 327 requires:
- each agency to "publish in the Federal Register on an annual basis a list of the requirements applicable to small-business concerns ... with respect to collection of information by agencies...";
- the establishment of one point of contact within each agency "to act as a liaison between the agency and small-business concerns."; and
- the establishment of an interagency task force to (1) "examine the feasibility of requiring each agency to consolidate requirements regarding collections of information..." and (2) to submit a report "examining strengthening dissemination of information."
- Graham solicited funds for the Center from tobacco-giant Phillip Morris in 1991, and has subsequently downplayed the effects of second-hand smoke. An Environmental Protection Agency (EPA) study published in 1993, on the other hand, found that second-hand smoke causes 150,000 to 300,000 lower respiratory tract infections – such as bronchitis and pneumonia – per year in children up to 18 months in age, and 400,000 to 1 million cases of asthma.
- After receiving funding from AT&T Wireless Communications, Graham produced a study in July 2000, that argued strongly against a ban on the use of cell phones while driving – which was being considered by many cities and states at the time.
- In March 1997, at a time when the National Highway and Transportation Administration was preparing to issue a proposed rule permitting vehicle owners to disable air bags, Graham announced his conclusions that the cost of passenger-side air bags was an unreasonably high $399,000 for each year of life saved. Once Graham's study was released, however, it became clear it had significant flaws. Graham was eventually forced to substantially revise his numbers, finding the cost of passenger-side air bags was actually $61,000 for each life-year saved, which justified the regulation. Yet this came after a host of press stories and television appearances in which Graham repeatedly, and misleadingly, called into question the value of air bags.
- In early 2000, Graham's Center produced a study questioning the health risks of emissions from diesel engines in comparison to natural gas engines, which not surprisingly echoed the position of its sponsor – Navistar – one of the few diesel engine manufacturers that does not also make natural gas engines.
- In 1999, the Center produced a study that argued against a ban on certain highly toxic pesticides, making the incredible claim that such a move would actually result in up to 1,000 premature deaths per year due to decreased food consumption. The study was funded by the American Farm Bureau Federation, which opposes restrictions on pesticides.
- Charities are exempted from the bill
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- It stays the same and charities are prohibited from doing "issue advocacy" during the 60/30 day window.
- File a report to the Federal Election Commission (FEC) identifying their organization, the names of candidates identified, the amount and identity of payees of more than $200 and the names and addresses of donors of more than $1,000. This is in addition to the normal filings to the IRS on lobbying expenses.
- Pay for ads only with contributions from individuals (corporate and union money cannot be used for this purpose).
- If the group pays for ads from a special fund, only donors to that fund will have to be disclosed.
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