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Thursday, February 16, 2006

Senate Postpones Action on Bill to Weaken Gov't Accountability
UPDATE: The Senate Judiciary Committee had on its schedule for today a markup of S. 489, the bill to weaken your rights to hold state and local governments accountable for violations of federal law. The committee ended up postponing work on that bill. Stay tuned for any further alerts.

Posted by Robert Shull, 07:50:32 PM



Wednesday, February 15, 2006

Senate Moves Forward with Bill to Weaken Gov't Accountability!
The Senate Judiciary Committee has on its schedule for tomorrow a markup of the Lamar Alexander bill that would eviscerate your rights to hold state and local governments accountable for violating federal and constitutional law. Stay tuned for more.

Why does the bill matter? Click here for one reason, among many.

Posted by Robert Shull, 05:05:22 PM



Wednesday, February 08, 2006

Regulation v. Competitiveness
We note with interest that the House Government Reform Committee will hold a hearing tomorrow on competitiveness. At such times, it is de rigeur for industry to argue that regulatory protections of the public health, safety, and environment are a burden on American businesses that keep them from being competitive in a global market. In anticipation of such arguments being rehashed in tomorrow's hearing, we offer these reminders that the business arguments are bunk:
  • OMB Watch Issue Brief: Regulation and Competitiveness

    This issue brief reviews the plethora of economic studies revealing that the regulation/competitiveness tradeoff is a myth. Economic indicators of competitiveness impacts (plant location decisions, foreign investment patterns, and trade flows in pollution-intensive industries) fail to show a negative relationship between competitiveness and environmental and workplace protections. Regulation does not cost us jobs; instead, regulatory protections can create new jobs, while leading to other economic benefits for American businesses.

  • OMB Watch Fact Sheet: The Going-Out-of-Business Myth

    Industry often fights proposed protections by arguing that the new standards will break the bank. The Going-Out-of-Business Myth is a compilation of the many case studies in which industry estimates of the compliance costs proved to be wildly overblown — and in which the new standards actually led to more efficient operations.

  • OMB Watch Analysis: Why Performance Standards May Be Superior to Cap-and-Trade

    A popular industry tactic is to argue that market-styled mechanisms do a better job than fair, across-the-board standards. New scholarship reveals that the underlying assumptions of this argument do not make economic sense.

In light of what we know about the economic benefits to be had from strong protections of the public health, safety,and environment, it really is long past time to drive a stake in the heart of the industry anti-regulatory argument and embrace sensible safeguards of the public interest.

Posted by Robert Shull, 06:53:05 PM



Monday, February 06, 2006

Admin Pushing for e-Gov
It's about time:
OMB makes new case to win Hill support for e-gov

Having failed over the past 4 1/2 years to convince Congress of the virtues of e-government, the Office of Management and Budget is making an unprecedented attempt to sell the idea to lawmakers and secure funding for fiscal 2006.

-from Government Computer News

Actually, the lead is a little generous to the administration. The administration is accused of unorthodox maneuvers in passing the hat to agencies to fund e-rulemaking, and Congress ever so gently slapped the administration for it.

One hopes the administration will take this time not just to get back in congressional appropriators' good graces but also to reevaluate the current e-rulemaking system and improve upon the lousy product that contractor Lockheed Martin has been building.

Posted by Robert Shull, 06:30:40 PM



Wednesday, February 01, 2006

Federalism Has a Human Face
The HHS Inspector General recently reported that many states don't know if abused and neglected children in foster care are being seen by caseworkers. Now, another story about the failure of federally funded child welfare services:
Another child's death rattles NY agency

NEW YORK (AP) -- The latest child to die in a series of abuse cases that has rattled the city's child welfare agency was slammed into walls and beaten by his mother's boyfriend while she did nothing to stop him, police said.

Investigators believe 4-year-old Quachaun Brown died Sunday following a beating by Jose Calderon, who later claimed he was angry because he thought the child caused a television to fall over, police said.

. . . .

In November, Administration for Children's Services caseworkers had visited the apartment and reported it "to be in order," agency head John Mattingly said.

The agency underwent a shake-up after the January 11 death of 7-year-old Nixzmary Brown, who was allegedly tortured, abused and beaten by her stepfather.

Reports of her suffering had been made to several agencies, including schools, police and child welfare. Her death followed recent homicides of three other children known to the agency.

[Via CNN.com - U.S.]

It is a sad reminder that child abuse and neglect is a national problem that cries out for national solutions. The federal government has an important role to play in protecting abused children, by using its power under the Spending Clause to require states taking federal tax dollars to observe basic standards of care.

It is also an important reminder of the value of civil rights. Federal agencies operating Spending Clause programs have essentially one major option to enforce federal standards: cutting off the federal funds. Those funds, however, are the lifeblood of the programs; cutting the funds, even to systems that aren't doing the best jobs, would ultimately punish the abused children who depend on the systems for crucial support. Abused and neglected children in foster care who are being further abused and neglected by the states' foster care systems therefore need to be able to turn to the federal courts for injunctive relief, which supplements what agencies can do by bringing into play the remedial powers of the courts.

The rights of these children to turn to the courts are endangered by two bills that would attack the consent decrees that create the remedies these children, and other vulnerable populations, so desperately need.



Posted by Robert Shull, 02:16:34 PM




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