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News
Foreign Foods Evade FDA's Watch

The ability of the U.S. Food and Drug Administration (FDA) to monitor and police imported foods is once again under scrutiny. A public health crisis originally thought to be limited to China crept into the U.S. when FDA announced recalls of products tainted by melamine, a dangerous chemical. Read More

EPA Failing on Children's Environmental Health Issues
The Government Accountability Office (GAO) told a Senate oversight committee Sept. 16 that the U.S. Environmental Protection Agency (EPA) has ignored recommendations from an advisory committee established to assist the agency in creating policies to protect children's health. For example, in developing three recent air quality standards on particulate matter, ozone, and lead, EPA either rejected the committee's recommendations or treated them as one of many public comments, according to GAO. Read More

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.
Read More

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." Read More

One Year Later, Only Blame about Crandall Canyon Disaster
One year after the deaths at the Crandall Canyon mine in Utah, little has been accomplished at the federal level to help prevent further mine collapse disasters. Although the House passed legislation addressing safety issues raised by this collapse and a series of other mine accidents in recent years, the Senate has not acted. Reports about the causes of the Utah mine collapse vary in assigning responsibility, which has led to different allegations about who bears the burden for the nine deaths at Crandall Canyon. Read More

Congress Votes to Reauthorize Administrative Conference of the United States
The House voted July 14 to reauthorize the Administrative Conference of the United States (ACUS) by accepting an earlier Senate-passed bill. The bill now moves to the White House, where President Bush is expected to sign the legislation. ACUS was a small government agency, abolished in 1995, that advised Congress on reforms to administrative and regulatory processes and saved the government millions of dollars over its life. Read More

Tomato, Beef Recalls Show Problems with Food Tracking
Federal officials are having difficulty providing consumers with information on two recent food-borne illness outbreaks. Investigators are still searching for the source of an ongoing salmonella outbreak, and officials have been unable to provide detailed information for consumers on a batch of E. coli-contaminated beef, which has spread to a number of states across the country. Read More

Congress, FDA Explore BPA Dangers
Congress and the U.S. Food and Drug Administration (FDA) have begun to further explore the dangers posed by bisphenol A (BPA) and whether to regulate its use, especially in food and beverage containers. BPA is an industrial chemical used to make hard plastic containers, such as baby bottles, and is part of the lining of food cans, where it is used to prevent metal from leaching into foods. Congress recently held a hearing and is considering legislation to limit the use of BPA. The FDA is assessing the toxicity of the chemical to help determine the risk to consumers. Read More

Roof Crush Standard Flawed, Preempts State Efforts
The National Highway Traffic Safety Administration (NHTSA) has proposed a stricter federal standard for roof strength in passenger vehicles that would prohibit any action on roof safety at the state level — including damages claims brought by victims in state courts. During a June 4 Senate hearing, senators from both parties and auto safety advocates aired their complaints about the proposal. Read More

Criminal Investigation of Utah Mine Officials Urged
On May 8, Rep. George Miller (D-CA), chair of the House Education and Labor Committee, released the results of a nine-month committee investigation into the collapse of the Crandall Canyon mine in Utah. In the memorandum summarizing the investigation, Miller reveals that he sent a letter of criminal referral to the U.S. Department of Justice (DOJ) recommending the agency investigate the mine's general manager. Read More

Fuel Economy Proposal: Higher Mileage, State Preemption
The U.S. Secretary of Transportation, Mary E. Peters, announced April 22 a proposed new rule to raise fuel efficiency standards for cars and light trucks. In December 2007, Congress passed the Energy Independence and Security Act, which required revisions to the Corporate Average Fuel Economy (CAFE) standards. The new rule, if implemented, would be the first significant improvement in fuel efficiency standards since the CAFE program's inception in 1975. Read More

Reports Highlight MSHA's Failures at Crandall Canyon Mine
Two recent reports highlight the failures of the Mine Safety and Health Administration (MSHA) in approving the retreat mining plans at Crandall Canyon mine in Utah that resulted in nine deaths after a mine collapse in August 2007. A third report criticizes MSHA's approval and implementation of emergency response plans required by legislation passed by Congress in the wake of mining disasters across the country in 2006. Read More

Bipartisan Consensus Forming on CPSC Reform
Although differences between the House and Senate still exist, Congress is moving toward a bipartisan agreement on major reforms to the Consumer Product Safety Commission (CPSC). Bills from each chamber need to be reconciled, but if Congress can agree on a single proposal, it will set up a showdown with the Bush administration over new provisions intended to expand consumer protections by revitalizing the CPSC. Read More

Federal Meat Inspectors Spread Thin as Recalls Rise
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. Read More

Coal Mine Safety Shortchanged by Years of Budget Cuts
Congress created the Mine Safety and Health Administration (MSHA) in 1977, placing a new federal focus on miner safety and health. However, the agency's budget and staffing levels have been cut over the past three decades. The budget for MSHA's coal mine safety and health program has been particularly abused. In the past two years, a spike in coal mine fatalities and high-profile coal mine disasters have prompted many Americans and Congress to look to MSHA to improve miner safety, but years of budget cuts and the loss of qualified employees have left the agency struggling to fulfill its mission. Read More

Product Safety Regulator Hobbled by Decades of Negligence
The nation's premiere consumer product regulator, the U.S. Consumer Product Safety Commission (CPSC), has been crippled by budget cuts and staffing losses that now span decades. Every president since Gerald Ford has proposed cutting the agency's budget at least once, and Congresses controlled by both parties have obliged. Recent attention surrounding massive product recalls prompted Congress at the end of 2007 to give the agency one of its biggest funding boosts, and lawmakers are considering additional legislation to ensure consistent long-term funding. President Bush's FY 2009 budget request, announced Feb. 4, proposes level funding for the agency. Read More

2008 Regulatory Policy Agenda: Congress Debates, States Act
In the current political climate, it is unlikely that Congress will succeed in passing legislation that protects the public from the range of regulatory failures we experienced in 2007. The barriers to substantially improving public health, worker safety, and environmental quality seem too high in this election year, especially given President Bush's willingness to use his veto power. What Congress can accomplish in 2008 is establishing legislative and oversight priorities over numerous health, safety, and environmental issues. In many instances, however, we will see states move ahead with a variety of actions designed to improve public protections. The executive branch will also play an increasingly important role as the Bush administration comes to a close. Read More

Congress Limps Toward Product Safety Reform
Despite a record number of consumer product recalls in 2007, Congress adjourned in December without agreeing on legislation to restore the federal government's safety system. The House passed new legislation that would vastly improve the Consumer Product Safety Commission's (CPSC) ability to regulate unsafe products. Weaker Senate legislation was blocked by a lack of bipartisan agreement. Read More

A Year for Failure: Regulatory Policy News in 2007
In 2007, new regulatory policies and the inability of federal agencies to protect the public made headlines more so than at any time in recent memory. Four themes dominated regulatory policy this year: an increase in White House influence over agency rulemaking activity and discretion, which added a perception of more political manipulation; the inability of the federal government to protect the public by ensuring the safety of imported goods; the voice of some industry groups calling for regulation; and the Bush administration's refusal to regulate in the face of overwhelming scientific evidence, as in the case of climate change. At best, government has attempted to respond to crises instead of getting ahead of the curve. This has left the public uncertain about whether we can count on our government to provide adequate safeguards. Read More

Multinationals Push for New Greenhouse Gas Emissions Regulations
Two calls-to-action on cutting greenhouse gas emissions were released Nov. 30, shortly before world leaders met in Bali to begin outlining a global agreement to succeed the Kyoto Protocol. First, business leaders from 150 global firms issued a communiqué calling for "a comprehensive, legally binding United Nations framework to tackle climate change." Second, a report sponsored by a coalition of U.S businesses and nongovernmental organizations said the U.S. could reduce its output of greenhouse gas emissions substantially using existing technologies and low-cost emerging alternatives, but to do so "will require strong, coordinated, economy-wide action that begins in the near future." Read More


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