In a new national poll commissioned by the American Sustainable Business Council, Main Street Alliance, and Small Business Majority, small business owners named weak customer demand, not standards and safeguards, as the most important problem facing their businesses right now. In fact, a majority of the small business owners surveyed agreed that fair, effective regulation of business is necessary to ensure competitiveness and fairness in a modern global economy. Small business owners also support policies that ensure environmental health, food safety, and worker protection for customers and communities. The results show that small businesses want real solutions to actual problems, not more anti-regulatory rhetoric from policymakers.
The polling surveyed a politically diverse cross-sampling of small business owners (50 percent identified as Republican) with fewer than 100 employees. Small business owners cited weak customer demand as the most important problem they face, with more than twice the number of employers citing it over any other issue. The rising cost of health coverage and other benefits came in second, and the level of government regulation came in at a distant third.

Similarly, small business owners do not view cutting regulations as a solution to the nation's ongoing jobs shortage. When asked what would do the most to create jobs, the majority cited eliminating incentives for employers to move jobs overseas. Reducing regulations ranked fifth on the list, with only 10 percent supporting that approach.
Also included in the findings:
These results echo those of previous polls and surveys illustrating the clear disconnect between overheated Capitol Hill rhetoric about regulations and the real problems facing small business owners. The poll report concludes that “[r]egulations, while a hot topic within the Beltway, are not Main Street small business owners’ main concern, and they would rather their representatives focus their efforts on other job creating strategies.” As stated by Main Street Alliance leader Jim Houser in yesterday's press release, “These survey results underscore what Main Street small business owners have been saying all along: we need more customers, more demand, not deregulation.” Houser said that in his experience, “smart standards help create jobs and promote innovation in the U.S. economy.”
As anti-regulatory attacks continue in Congress, let’s hope these poll results serve as a reminder that regulation is not the problem, and gutting public protections is not the solution.
(Katie Greenhaw 02/02/12; 0 comments)
Yesterday, the comment period ended on the Consumer Financial Protection Bureau's (CFPB) proposal to create an online database of customer complaints about credit card companies. Here's an update on where things stand:
We delivered more than 800 of your comments to the CFPB in response to our action alert. Thank you to everyone who stood up to support government transparency and consumers' right to know.
OMB Watch also filed detailed comments on the proposal. Above all, we emphasized how the CFPB's innovative proposal would benefit the public:
We applaud the CFPB's proposal as a thoughtful and innovative mechanism to empower consumers, improve market functioning, encourage corporate accountability, and uphold government transparency.
We also described some of the ways the database would help consumers. For instance, customers shopping for a credit card would be able to read about other customers' experiences and make more informed choices. Ultimately, transparency could foster competition by encouraging companies to change disliked practices or become more responsive to their customers.
Our comments also recommended a few changes to make the policy even stronger. Most importantly, we urged that the public be able to read a customer's actual complaint and the credit card company's response, which would allow the public to better understand and evaluate the complaints.
In addition to our filing, OMB Watch also signed onto a joint set of comments, spearheaded by Consumer Action and endorsed by 21 organizations, including the NAACP. The joint comments demonstrate the broad agreement that this proposal does right by consumers. We hope the CFPB will move forward expeditiously to turn this important idea into reality.
(Gavin Baker 01/31/12; 0 comments)
“The state of the union is getting stronger.” That is how President Obama characterized the current state of the union. But, as we wrote in our State of the Union preview on Tuesday, we still have a long way to go before the economy is back on its feet. In our article, we recommended doing away with the looming budget cuts, increasing taxes on capital gains and financial transactions, and using the additional revenue to pay for more infrastructure projects and public protections. So what fiscal issues did Obama talk about in his speech on Tuesday?
One of the main themes of the speech was fairness, which we said was important for creating opportunity and building a vibrant middle-class. First, the president again called for the tax code to follow the “Buffett Rule,” which would ensure that millionaires such as financier Warren Buffett pay at least as much in taxes as their secretaries. In his “blueprint” document accompanying the speech, Obama interprets the rule as meaning millionaires should have an effective tax rate of at least 30 percent.
However, he is unclear on exactly how this would be accomplished. The only specific policy change mentioned is limiting tax breaks for millionaires, saying “there is no reason that those making over $1 million per year should get any tax subsidies for housing, health care, retirement, and child care.” (And even this policy provision is ambiguous; is the president proposing eliminating itemized deductions and all credits for anyone making more than a million dollars?) But this policy change alone most likely won’t increase most millionaire’s tax rates, since their low rates are often a function of the preferable tax treatment of capital gains.
As we wrote in our Watcher article, the best way to increase fairness in the tax code is to treat capital gains (which is profit from stocks, bonds, and other investments) as ordinary income (such as wages). Right now, the top capital gains rate is less than half the top rate for wages, which allows millionaires, such as Mitt Romney, to have a low tax rate. While the president has called for allowing the upper-income Bush tax cuts to expire, which would bring the top capital gains tax rate up to 20 percent from 15 percent, he has resisted advocating for taxing capital gains like wages (for the wealth, this would mean a tax rate of 35 percent on capital gains). However, his argument for millionaires to pay at least 30 percent of their income in taxes functionally amounts to the same thing.
We also wrote about infrastructure spending in our State of the Union preview, saying that such spending (in the form of grants to the states) is one of the best ways the government can boost the economy. In his speech, the president proposed increasing infrastructure spending, and paying for it with half of the savings from the troop drawdowns in Iraq and Afghanistan. This proposal would add approximately $500 billion to infrastructure spending over the next ten years, based on estimates included in the president’s fall deficit reduction plan. According to the Congressional Budget Office, that much spending could – thanks to multiplier effects - spur the economy by more than a trillion dollars, while giving the nation’s workforce a helping hand.
The most disappointing budget news was that the president appears to be sticking by the cuts contained in the Budget Control Act (BCA, also known as the debt ceiling deal). He praised these cuts several times in his speech, and even called for more deficit reduction on top of the BCA. These cuts of almost two trillion dollars over the next nine years will slow our nascent recovery. However, if taxes on the wealthy are raised and all the Bush tax cuts expire, such cuts won’t be necessary to reduce the deficit.
The BCA's budget cuts are already written into law, whereas many of the changes Obama called for in his State of the Union speech require congressional approval. So, if nothing new passes this year (with Congress mired in partisan gridlock and elections swiftly approaching, this seems likely), the budget cuts will go forward as planned, and we’ll have a de facto austerity budget in place. This will be damaging to the economic recovery effort and would set back efforts to make this a more fair and equitable nation.
Image by Flickr user Secretary of Defense used under a Creative Commons license.
(Sam Rosen-Amy 01/26/12; 0 comments)In last night’s State of the Union address, President Obama reiterated his support for the development of clean energy sources that will create jobs and protect the environment. But while developing clean energy is essential for moving us into the 21st century energy marketplace, the way we build our clean energy future also matters. We must develop energy without harming public health and the environment.
A natural gas extraction process, commonly referred to as fracking, was cited in last night’s State of the Union as an example of clean energy. But using fracking to extract natural gas is anything but clean. In fact, the process produces more greenhouse gas emissions over time than traditional methods of oil drilling or coal mining, according to a Cornell University Study. In addition, fracking poses a great risk to public health and property, as evidenced by the multiple documented cases of severe water contamination near fracking sites, including water than can be actually set on fire as it comes out of the faucet.
Though Obama pledged to "develop this resource without putting the health and safety of our citizens at risk," it is unclear as to how this would be accomplished. A loophole in the 2005 energy law (often called the Cheney or Halliburton loophole) granted oil and gas industries an exemption from the Safe Drinking Water Act. This means the Environmental Protection Agency (EPA) cannot require drilling companies to disclose the toxic chemicals used in fracking, or limit their activities in order to protect drinking water. And, following an order from Congress, the EPA has not yet finalized an important national study on the potential impacts of fracking on drinking water. Thus, the public remains in the dark about the chemicals used in fracking, as well as the risks they pose to their drinking water.
The good news is that President Obama pledged to require "all companies that drill for gas on public lands to disclose the chemicals they use." Government agencies and the public certainly need more information on the health and environmental risks of fracking, and we're glad to hear President Obama promise to make this information available. But in addition to full disclosure on the public and environmental impacts of natural gas extraction, protecting public health requires the development of consistent standards and safeguards to ensure that communities near fracking sites are fully protected. To develop these standards, full oversight authority must be restored to the EPA.
It may be possible to use fracking to extract natural gas safely, under the proper conditions and with sufficient controls. But without more information on the risks of fracking, and without the proper safeguards in place, we are taking a huge gamble with our water supply, farmland, and the health and safety of our people by aggressively pursuing this type of natural gas extraction. This is a bet we simply shouldn't take - without a full review of our risks and without the proper safeguards in place.
(Sofia Plagakis 01/25/12; 1 comment)(Jessica Randall 01/18/12; 1 comment)
Earlier this month, the Internal Revenue Service (IRS) released an updated analysis of the tax gap – the difference between the total amount in federal taxes owed by people and businesses, and the total paid. What did the IRS find? In 2006, the most recent year for which information is available, Americans underpaid their taxes by $450 billion. Extended over a decade, this could represent a shortfall of trillions, robbing the country of needed funds for infrastructure and other investments.
The last time the IRS put together an analysis of the tax gap – issued in 2006 and based on 2001 data – the agency estimated a gap of $345 billion. Despite a $105 billion increase in the gap between 2001 and 2006, the rate at which individuals and businesses voluntarily comply with the tax code has "remained essentially unchanged," says the IRS, due to an increasing population.
For those that do not voluntarily comply, the IRS attempts to recover unpaid taxes through enforcement efforts. The IRS estimates that Uncle Sam eventually recovered $65 billion in unpaid taxes from 2006, bringing the net tax gap down to $385 billion. Similarly, according to the IRS, the government recovered $55 billion worth of unpaid taxes from 2001.
With deficit reduction being all the rage on Capitol Hill, one would think that Congress might invest in IRS enforcement activities to help shrink the tax gap further, especially seeing as the government gets a four to five dollar return on investment. One would be wrong in this assumption, however, as congressional Republicans, and even a few misguided Blue Dog Democrats, have recently stepped up their attacks on the IRS and its budget.
Last fiscal year (FY), House Republicans inserted a policy rider in the continuing resolution that funded the federal government through FY 2011 that specifically prevented the IRS from hiring additional tax enforcement agents. The rider exacerbated an already serious staffing situation at the agency, which, as Bruce Bartlett notes, has lost almost 32,000 employees since 1992 "despite an increase in the population of the United States of 53 million over that period." Think about that for a moment.
Moreover, as conservatives' efforts translate into a weaker IRS that can't fully enforce the tax code, it gives a green light to would-be tax cheats who might otherwise fully comply with their tax-paying responsibilities if they knew they would get caught evading their taxes. This vicious cycle ends up increasing the tax gap even further.
While you can never fully close the tax gap, Congress must increase funding for the IRS, especially for enforcement activities. Even if we could only eventually recover a quarter of the tax gap from 2006, that's $113 billion that could go to better roads, better schools, lower taxes, or even lower deficits.
Image by Flickr user kenteegardin, used under a Creative Commons license.
(Gary Therkildsen 01/18/12; 2 comments)On Jan. 11, the U.S. Environmental Protection Agency (EPA) released greenhouse gas (GHG) data to the public for the first time. Through an online tool, the public will be able to access critical air pollution data. With this new data, the public can hold industry accountable to ensure that emitters take responsibility for the way they are contributing to climate change.
The online tool presents 2010 GHG data from 6,700 large facilities around the country in nine industry groups, including suppliers of certain fossil fuels and industrial gases. The public will be able to use the data to analyze sources of GHG pollution in their areas, compare facility and industry performance, and eventually track trends. Enterprises can use the data to compare their performance against other companies in their sector, to set a baseline for their own reductions in carbon pollution, and to increase efficiency and save money. State and local officials can also use the data to compare the effectiveness of their policies and practices with those operating in other parts of the country. The 2010 GHG data shows that Texas has the highest total reported emissions in the country, and Indiana the second highest. Not surprisingly, power plants were the largest stationary sources for direct emissions in the country by far, followed by petroleum refineries.
The site offers various options for searching and viewing the new data. For instance, users can search for data by facility, location, industrial sector (e.g., power sector, chemical industry), and the type of gas emitted (e.g., carbon dioxide). Data can be viewed on maps of the nation, specific states or even counties. Highlighted blue circles denote the number of facilities reporting in each location. Users can also view data on lists (i.e., data tables), bar and pie charts, and tree maps. Viewing the data on the tables (rather than on the maps or charts) allows users to categorize the data according to the facilities or industries that produce the most pollution. The tool allows users to download data in Excel files, which can be used to conduct further analysis and includes data on parent companies.
One short-coming of the data, which EPA cannot control, is that it reports emissions from a limited set of facilities - those that are required to report to EPA. There is no data from transportation or agricultural facilities. On the plus side, an additional 12 source categories will begin reporting emissions data this year.
Public reporting of pollution is a powerful tool in the hands of citizens - it fosters public awareness and/or confirmation of concerns about local environmental problems. It gives citizen activists the evidence they need to push for significant reductions in emissions in their communities. After the Emergency Planning and Community Right-to-Know Act created the Toxics Release Inventory (TRI), a national database of toxic emissions reported by industrial sources was established in 1986, the private sector has reduced the amount of toxins it releases by more than half. We hope this online tool will achieve similar results in reducing emissions.
(Sofia Plagakis 01/12/12; 2 comments)Today, government officials, academics, and the cantaloupe industry are meeting at the University of California, Davis, to try to determine how the 2011 Listeria outbreak could have begun at a facility that had just received a "superior" rating from a third-party food safety auditor. A report issued earlier this week places the blame squarely on the third-party audit system, which allows private companies hired by food producers themselves to perform food safety inspections.
On Dec. 31, 2011, Recovery Accountability and Transparency Board Chairman Earl Devaney stepped down after leading the Board for almost three years. Devaney did more than anyone else to ensure Recovery Act spending was as transparent as it was, and his presence will be sorely missed.
While he didn't create the transparency provisions in the Recovery Act (those were written into the law or created by the Office of Management and Budget (OMB)), Devaney implemented the law's requirements. He and his team created the Recovery.gov website from scratch in remarkably little time and did a great deal to ensure that recipients understood their reporting responsibilities under the law. As a former inspector general (for the Department of the Interior), Devaney placed a strong emphasis on finding and preventing fraudulent contracting and wasteful spending, creating the Recovery Operations Center. He also insisted on making maps of Recovery Act spending the focal point of Recovery.gov, arguing that the government needed to do more to display information in useful ways.
Devaney understood the importance of providing information to the public and talked of empowering an army of citizen inspectors general. We appreciated the fact that he frequently reached out to the transparency community to get feedback and guidance. When we raised concerns about the quality of the data from the first rounds of recipient reporting, the Board moved quickly to fix the problems it could, such as automatically filling in some data fields for recipients (for example, pulling in company information from existing contracting databases) and creating algorithms to spot potential red flags (such as recipients reporting that they had spent more money than they had received).
Devaney also championed transparency beyond the Recovery Act. He has been a vocal supporter of unique identifiers for recipients of federal funds, a thorny problem that has long plagued federal spending transparency. For the past six months or so, he has also been the head of the Government Accountability and Transparency (GAT) Board, created by President Obama last year to "provide strategic direction for enhancing the transparency of Federal spending and advance efforts to detect and remediate fraud, waste, and abuse." The GAT Board's recent report advocated for many reforms, most importantly centralizing spending databases and streamlining reporting obligations, in addition to calling for a universal system of unique identifiers for contracts and grants throughout the federal government.
Devaney will be replaced by current Education Department Inspector General Kathleen Tighe. Tighe has been on the Recovery Board since March 2010, serving as the chair of the Board's Accountability Committee since March 2011. Interestingly, Tighe will not be stepping down from her inspector general role, which possibly indicates a diminution of the position of Recovery Board chair. The chair was a full-time job for Devaney, who stepped away from his Department of the Interior position to lead the Board, and Devaney clearly had Vice President Biden's ear, meeting frequently with him to discuss various issues related to the Board's work.
The chair's reduced prominence is likely a reflection of the administration's desire to move on from the Recovery Act. With most of the Recovery Act money already spent, Tighe's job will largely be overseeing the dissolution of the Board and the application of lessons learned from the Recovery Act to the entire federal government, a process Devaney has already started with the GAT Board. There's still much to be done to improve federal spending transparency, but hopefully, even in a part-time role, Tighe will bring to her new position just as much passion and success as Devaney.
Image by Flickr user OversightandReform.
(Sam Rosen-Amy 01/06/12; 2 comments)Last week, Congressional Republicans slipped provisions into a payroll tax bill that would try to force the President to make an early decision on the controversial Keystone XL pipeline project. Under the bill, President Obama would face a 60-day deadline to rule on the project, which has not yet received the legally required economic, environmental and safety reviews.
Though Congressional Republicans claim the project would create jobs, the Keystone XL is not the job-creation panacea it's being made out to be. In fact, the Keystone project could actually cost taxpayers jobs.
The $7 billion Keystone XL would transport tar sands, which are more corrosive than crude oil, from Alberta, Canada, through America's heartland to Texas. Thousands of communities face the prospect of having a major new pipeline flowing under their homes and businesses with all the risk of leaks and explosions that come with it. The Keystone oil pipeline project is opposed by many public interest organizations, but is supported by industry groups and many Republican lawmakers.
The Job Creation Myth
The pipeline company, TransCanada, says the project could create 20,000 "direct" jobs, most of them temporary. However, the oil company's numbers are grossly inflated.
The job estimate is based on a poorly documented and unsubstantiated study commissioned by the oil company itself, referred to as the Perryman Group study. The study inflates the job estimate by calculating jobs on a yearly basis, not the total number created as a result of the pipeline. For instance, employing 10,000 people for two years would equal 20,000 jobs by the company's count. Additionally, the estimate includes non-U.S. jobs created in Canada, "where about a third of the $7 billion pipeline would be constructed."
The oil company's 20,000 job estimate is inconsistent with government and academic studies. The State Department, the lead federal agency on the pipeline project, estimates that the project would bring 5,000 to 6,000 temporary construction jobs. An independent assessment by Cornell University's Global Labor Institute found that the Keystone XL would create between 2,500-4,650 temporary positions for two years, with only about 50 new permanent pipeline jobs in the United States.
The Keystone Pipeline Could Cost Jobs
The Keystone XL, according to the Cornell study, could actually kill more jobs than are created in the long run. Any jobs created by the project could be outweighed by the pipeline's hidden costs that slow job growth or cost jobs in other sectors: higher gas prices for Midwest consumers, toxic oil spills, and damages to local agriculture and tourism. For instance, TransCanada has already admitted that the project would increase gas prices for Americans by driving up the price of heavy crude in the region. The project could cost Midwesterners 10 to 20 cents more per gallon for gas and diesel fuel. The higher fuel prices for consumers in the Midwest would kill thousands of trucking and tourism jobs.
The history of pipelines also shows that spills are unavoidable. In 2010, pipeline spills and explosions in the United States killed 22 people, released more than 170,000 barrels of petroleum, and caused $1 billion dollars in damage. In its first year of operation, over thirty spills have occurred with the Keystone pipeline (Phase 1 and 2) in Canada and the United States, despite claims that the Keystone XL meets "world-class safety and environmental standards."
Conclusion
The highly exaggerated estimates from industry need to be exposed and the long-term potential costs of this project must be carefully weighed. Federal officials are taking the time they need to gather information and appropriately examine trade-offs regarding gas costs, water safety concerns, and public health risks from spills. We need to support scientific and expert evaluation of the evidence before rushing into a project that will have significant and long-lasting impacts on the country.
(Sofia Plagakis 12/22/11; 13 comments)