Recess appointments - is the current practice exaggerated?

There's a new and provocative working paper suggesting that the president's recess appointments power is more limited in scope than the prevailing practice. A professor at the University of San Diego School of Law suggests that the president has only the power to make recess appointments for vacancies that arise during the recess, not any vacancy that arises before a recess and happens to continue during the recess.

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Hex. chrom. rule and industry connections

We recently mentioned OSHA's rule to protect workers from hexavalent chromium -- long delayed before it was finally announced. As Public Citizen pointed out, the rule creates a PEL that may be 50 times lower than currently allowed but is nonetheless four times higher than it could be, and it also allows an exemption for Portland cement. File this under "Hmmm": OMB met at least two separate times with industry officials, including the cement industry (including, surprise, something called the "Portland Cement Association"), to discuss the pending hex. chrom. rule. Connect your own dots.

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CBO Releases Preliminary Deficit Numbers for FY2004

Last month the Congressional Budget Office (CBO) projected a $422 billion deficit for fiscal year 2004, and a $348 billion dollar deficit for FY2005. To see an OMB Watch analysis of this baseline projection read "Beyond the Baseline: 10 Year Deficits Likely to Reach $5.5 Trillion." As it turns out, the preliminary estimate released today is approximately $7 billion less than the CBO stated last month, according to their most recent Monthly Budget Review. Now they are reporting that the federal government incurred a deficit of $415 billion in FY2004.

This preliminary deficit figure is about $41 billion more than the FY2003 deficit, and 3.6 percent of the national Gross Domestic Product (GDP). Although it was reported that annual receipts rose by approximately 5.5 percent, they remain about 7 percent below their peak level in FY2000. And, according to the monthly review, individual income tax receipts remain approximately 25 percent below their peak in 2000. The drop in those receipts can be attributed to the recession, the decline in the stock market, and the Bush administration's tax cuts, the most recent of which were passed last week in a $146 billion package.

Interestingly, over half of the increase in receipts for FY2004 came from corporate income taxes, which ended up totalling approximately $57 billion more than they did in 2003. Federal income taxes paid by corporations can effectively serve to offset government outlays, and can bring down the budget deficit. Despite this fact, a study released in late September by the Institute on Taxation and Economic Policy (ITEP) and Citizens for Tax Justice (CTJ) found that between the years of 2001 - 2003, 275 of the nation's largest companies did not pay their fair share of income taxes; in addition many received excessive tax rebate checks.

A copy of the ITEP/CTJ report can be found here. Perhaps if corporations paid their fair share of taxes, and if federal legislation stopped handing out so many corporate tax breaks, we would see a decline in the deficit, which has been rising consistently since 2000.

Note: The figure $415 billion is the preliminary estimate for the national deficit; the Department of the Treasury will release the actual figure later this month.

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OSHA continues to flub its own deadlines

We documented OSHA's utter failure to meet even short-term benchmarks for action in our latest report, The Bush Regulatory Record: A Pattern of Failure. Reporters at BNA's Daily Report for Executives have documented the failures that continue: since June 28, according to their report, OSHA flubbed more deadlines that were scheduled for September--
  • a request for information on ionizing radiation (rescheduled, in the June agenda, to be completed by July),
  • a proposed rule updating OSHA standards based on national consensus standards (scheduled for September), and

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Overtime Amendments Stripped Out in Conference

Today, House and Senate conferees engaged in final meetings to complete work on the massive corporate tax bill. In doing so they defeated a Democratic amendment on overtime rules that had been passed by a Senate committee. The amendment, sponsored by Senator Tom Harkin , proposed to restore overtime rights while preserving an inflation adjustment to the minimum salary that determines automatic overtime eligibility. The amendment would have banned the Department of Labor from enforcing new overtime pay rules.

Its passage in committee was considered a huge victory for labor rights, and showed that many Congressmen were willing to stand up against the administration's new overtime proposals.

Unfortunately, as has happened in the past, conferees blocked the Senate amendment today. The amendment had been attached to the tax bill. Senator Harkin expressed frustration that his amendment has been approved six times by both chambers, but has always been stripped out in conference.

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Danger on the store shelves

Consumer Reports has released two reports on the failures of federal government agencies to ensure that unsafe products are removed from the market.
  • Products subject to recall aren't being returned to the manufacturer:

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Immunity for factory farm polluters?

In These Times magazine has a great article today about a stealth effort at EPA to slow down needed regulation of factory farm pollution and shield the industry from accountability.

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Recent judicial developments

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    22-year-old Wildlife Protection Standard Waived

    U.S. Forest Service posted a temporary final rule in the Federal Register last week that will rollback regulation to protect endangered fish and wildlife from logging and development in national forests. The new rule gives U.S. Forest Service officials flexibility in how they calculate the risk to fish and wildlife populations when reviewing road-building, logging or other proposals. The rule allows officials to waive the 22-year-old Reagan-era standard that requires that forests maintain "viable populations" of fish and wildlife.

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    The Numbers on FSC/ETI

    Yesterday, the Joint Committee on Taxation released an updated score on the "chairman's mark" of the FSC/ETI bill. (See http://www.house.gov/jct/x-68-04r.pdf.)

    Overall, the score raises $238 million in revenue, although there are several gimmicks which are used to keep the costs down (see http://www.cbpp.org/10-4-04tax.htm.)

    • The repeal of the exclusion of ETI will cost $57.7 billion.
    • Under title VIII, there are revenue provisions to close loopholes and raise some fees, which raise a total of $81.7 billion

    The revenue enhancements from the repeal of the ETI regime and the loophole closings thus total $139.4 billion. (Note that this total would come close to paying for the $146 billion price tag of the "middle class" tax cut.)

    Rather than using this money to finance cuts in other areas of the tax code or pay off the debt, the bill gives over $139 billion in additional tax cuts primarily to businesses.

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