Industry Groups Compile Hit List for Administration - White House Interventions

White House Interventions: News Correspondence Analysis Background

Published: 12/05/2001

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Industry Groups Compile Hit List for Administration

Here is a list of the 57 Information Collection Requests that were referenced in this Washington Post article on Tuesday, December 4. As described in the article, Barbara Kahlow, a Republican congressional aide for Rep. Doug Ose (R-CA), who chairs the House Subcommittee on Regulatory Affairs, convened key lobbyists to identify and rank regulations with associated paperwork that business groups find overly burdensome. According to Kahlow, this happened at the request of John Graham, administrator of OMB's Office of Information and Regulatory Affairs (OIRA). The target list includes the most paperwork intensive rules, most dealing with health, safety, and environmental protections.

Under the Paperwork Reduction Act, OIRA is responsible for reviewing agency information collections, which often serve as the foundation for monitoring compliance and enforcing regulation. Approval by OIRA of such collections of information can only be given for up to three years under the PRA. Once approval is about to expire, agencies must seek a renewal of their information collection requests from OIRA. This renewal process is what the target list deals with. Potentially OIRA could disapprove or revise an information collection request, leaving the regulation unenforceable, even if that regulation has been on the books for years. Of the list of 57, 2 ICRs have already expired and 9 will be expiring in the next 6 months.

The meeting between Kahlow and industry groups was held behind closed doors. A business lobbyist first leaked information to the Washington Post, and OMB Watch later obtained a copy of the list of 57, which we have posted below, including expiration dates for each Information Collection Request. OIRA has also provided OMB Watch with a copy of the original list of information collection requests that OIRA sent to Barbara Kahlow, which was then whittled down to the 57. This original list was included in two documents -- one exlcuding IRS and one of IRS only. 57 Possible Sunset Review Candidates (with 1 million or more paperwork hours)

57 Possible Sunset Review Candidates (with 1 million or more paperwork hours)

yellow = already expired
red = will expire at end of 2001
blue = will expire in the next 6 months

Deparment/Agency	Program/Rule	Paperwork burden (in millions of hours)	Expiration Date	Action Taken
USDA/AMS	Use of restricted pesticides	2	06/30/02
DOD	acquisition management	53	08/31/02
DOD	info. in support of acquisition solicitation	24	12/31/02
HHS/CMMS	Medicare/Medicaid common claim form	44	04/30/02
HHS/CMMS	clinical laboratory improvement (CLIA)	10	06/30/04
HHS/CMMS	hospital cost reports	4	05/31/04
HHS/FDA	investigational new drugs (IND)	17	09/30/02
HHS/FDA	application to market a new drug	2	03/31/02
HHS/FDA	food labeling	2	02/29/04
DOJ/INS	employment eligibility	13	08/31//02
DOL/ESA	OFCCP recordkeeping & reporting	11	06/30/02
DOL/ESA	payroll under Davis-Beacon	9	03/31/03
DOL/ESA	construction recordkeeping & reporting	5	12/31/03
DOL/ESA	Family & Medical Leave Act (FMLA)	*	06/30/02
DOL/MSHA	ventilation in underground coal mines	3	03/31/04
DOL/PWBA	ERISA annual report	1	02/28/03
DOL/OSHA	hazardous chemicals/PSM	79	10/31/02
DOL/OSHA	bloodborne pathogens standard	13	03/31/04
DOL/OSHA	bloodborne pathogen/needlestick safety	1	12/31/01	approved 02/14/02
DOL/OSHA	respiratory protection	9	09/31/04
DOL/OSHA	hazard communication	8	04/30/02
DOL/OSHA	asbestos in construction	6	02/29/04
DOL/OSHA	noise	5	02/29/04
DOL/OSHA	injury/illness recordkeeping & reporting	2	10/31/04
DOL/OSHA	permit-required confined spaces	2	08/31/02
DOL/OSHA	personal protection equipment	2	05/31/03
DOL/OSHA	lead in construction	2	02/29/04
DOL/OSHA	lead in general industry	1	04/30/04
DOL/OSHA	hazardous energy sources (lockout/tagout)	1	03/31/02
DOL/OSHA	hazardous waste (HAZWOPER)	1	10/31/02
DOL/OSHA	mechanical power presses	1	06/30/02
DOT/motor carrier	hours of service of drivers	42	09/30/01	approved 03/04/02
DOT/motor carrier	inspection, repair & maintenance	35	05/31/04
DOT/RSPA	hazardous materials shipping	7	01/31/04
DOT/railroad	hours of service	4	09/30/03
Treasury/IRS	U.S. partnership income (1065)	1,196	09/30/04
Treasury/IRS	U.S. income tax for S corporation (1120S)	489	10/31/03
Treasury/IRS	U.S. corporation tax for PSC (1120)	487	10/31/03
Treasury/IRS	employer's quarterly Federal tax (941)	316	01/31/04
Treasury/IRS	employee's withholding allowance certificate	116	09/30/04
Treasury/IRS	sales of business property	69	10/31/02
Treasury/IRS	employer's annual FUTA tax returns (940)	19 + 32	12/31/03, 08/31/02
Treasury/IRS	FICA recordkeeping	30	08/31/04
EPA/air	NESHAP aerospace, drycleaning & hazardous	4 + 1 + 2	05/31/04,09/30/03, 10/31/04
EPA/air	non-attainment area new source review (NSR)	5	10/31/04
EPA/air	ambient air quality surveillance	2	09/30/02
EPA/water	use or disposal of sewage sludge	13	12/31/01	approved 02/04/02
EPA/water	safe drinking variance/exemption applications	10	09/30/01	approved
EPA/water	storm water discharges under a NPDES permit	5	03/31/03
EPA/water	water quality inventory reports (TMDL)	4	07/31/03
EPA/water	drinking water rule for lead & copper	2	09/30/02
EPA/pesticides-toxic	toxic chemical release reporting (TRI)	9	01/31/03
EPA/pesticides-toxic	residential lead-paint hazard disclosure	7	07/31/04
EPA/solid waste	underground storage tanks	6	10/31/04
EPA/solid waste	RCRA hazardous waste manifest	3	03/31/02
EPA/solid waste	community right-to-know (EPCRA)	2	10/31/04
NRC	licensing of production & utilization facilities	5	01/31/04