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Oct. 2, 2014 by James Goodwin

SBA Office of Advocacy Continues to Carry ‘Water' for Big Business

Apparently undeterred by all the bad press it has received lately, the Small Business Administration’s (SBA) Office of Advocacy has cast its controversy-attracting lightning rod ever higher in the air by issuing a feeble comment letter attacking the Environmental Protection Agency’s (EPA) pending rulemaking to define the scope of the Clean Water Act (“Waters of the US rule”).  The letter is just the latest evidence that the SBA Office of Advocacy has no interest in working to advance the unique interests of real small businesses—in accordance with its clear legal mandate—but instead is entirely focused on seeking to block those rules that are opposed by large business interests and their conservative allies.  

In its recent scathing report, the Government Accountability Office (GAO) raised several disturbing questions about whether and to what extent the SBA Office of Advocacy is actually fulfilling its statutory mission of serving as a “voice for small businesses within the federal government.”  Of immediate relevance here, one of the key issues identified in the report was that the SBA Office of Advocacy was never able to provide any evidence of small business input it received to inform its decision intervene in rules or …

Sept. 10, 2014 by Erin Kesler
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Today, the National Association of Manufacturers released a report produced by economic consultants Crain and Crain on the "cost of regulations to manufacturers and small businesses."

CPR Senior Analyst James Goodwin responded to the study:

Past Crain & Crain reports on the costs of regulation have been roundly and rightly criticized for unreliable research methods, including basing their studies on opinion polling. Not much has changed about their method in this latest iteration, unfortunately. They still pretend to project actual costs by relying on opinion surveys, and they still refuse to account for the enormous benefits of regulation to the economy and to Americans’ health and well being.  This is not surprising considering that National Association of Manufacturers V.P. Ross Eisenberg admits that they have instructed previous consultants to only look at the potential costs of regulations. The only good thing that can be said about …

Sept. 9, 2014 by James Goodwin
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Having thoroughly tarnished their own reputations as well as that of the Small Business Administration’s (SBA) Office of Advocacy, economists W. Mark Crain and Nicole V. Crain are now preparing to make the big leap from thoroughly discredited academics to straight up shills for corporate lobbyists working to undermine public protections.  The National Association of Manufacturers (NAM), an industry trade group that vehemently opposes such policies as cleaning up air pollution and improving worker safety, yesterday announced that it will release a report tomorrow, prepared by the Crains, that purports to measure the “annual cost of federal regulations.”  That’s essentially what the Crains have been claiming to do for the Office of Advocacy until now, so it’s good news that at least it won’t be taxpayer money that’s footing the bill for their slanted research this time.

Just to review the bidding …

Aug. 27, 2014 by James Goodwin
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If you’re an antiregulatory, anti-environment member of Congress, such as Sen. David Vitter (R-LA) or Darrell Issa (R-CA), how do you get the Government Accountability Office (GAO) to issue a report that criticizes the cost-benefit analyses that the Environmental Protection Agency (EPA) has performed on some of its recent rules?  That’s easy—you simply ask for one.  Then, when the GAO issues the report, like it did a few weeks back, you can begin issuing press releases filled with invective and righteous indignation.  The report’s findings, you can assert, are smoking-gun evidence that the EPA is running amok, issuing burdensome rules that are harming small businesses and families.  And just like that, you’ve conjured the latest antiregulatory, anti-EPA scandal du jour out of thin air.

Vitter and Issa have followed this playbook to a T and will no doubt continue trying to spin …

Aug. 7, 2014 by Rena Steinzor
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Only in Washington, D.C. is nothing portrayed as something.  Out in the nation, not so much.  And so it was late last week that the Obama Administration took a victory lap for not making life even more miserable for some of the most abused workers in America. Yup, despite the best efforts of the Occupational Safety and Health Administration (OSHA), which is supposed to watch out for workers’ well-being, the U.S. Department of Agriculture (USDA), the life-long booster for corporate agriculture, gave a swift kick in the pants to all those low-wage people of color who make the chicken nuggets and chick filets that now dominate what’s for dinner. 

Up until last Thursday, USDA was claiming loudly to anyone who would listen that it doesn’t “do” worker protection.  Then the agency did a full 180 in the middle of the road, and now …

Aug. 4, 2014 by Lisa Heinzerling
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Imagine a government warning on tobacco products that gave nearly equal prominence to both the pleasures and pains of using tobacco products. The "warning" would tell citizens that whether they should use tobacco products or not was – despite the government's long practice of recommending against such use – actually a pretty close case. Tobacco use is just so pleasurable, it turns out, that its risks – of bad health, of early death – might be worth it.

Or imagine a parent saying the same thing to her child: here are the risks of using tobacco products, she'd say, but here on the other side are the wonderful pleasures. You make the call; it's too close for me to judge.

Despite its strangeness, this is exactly the kind of statement the White House and the Food and Drug Administration have collaborated in propounding in the 

context of a …

July 31, 2014 by Erin Kesler
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In a press call today, USDA Secretary Tom Vilsack announced that the poultry slaughter “modernization” rule is final and effective immediately.  

CPR President Rena Steinzor reacted to the rule's finalization:

The rule is a travesty from the perspective of every child who has chicken nuggets for lunch and every low-wage worker who stands in a fetid, overcrowded room cutting chicken carcasses thousands of times a day.

The new inspection system will allow plants to operate their slaughtering and evisceration lines at speeds that have proven hazardous for workers.  It will pull federal inspectors off the processing line, ensuring that carcasses caked in blood, guts, and feathers whir by at the rate of 2.3 bird per second.

The Government Accountability Office has written two scathing reports on the scant data used in promulgating the rule and the Southern Poverty Law Center has released reports documenting the …

July 31, 2014 by Erin Kesler
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Today, Roll Call published a piece by CPR President Rena Steinzor in support of the "Hide no Harm" bill.

According to the piece:

The “Hide No Harm Act” includes a definition of the “responsible corporate officer” against whom such cases could be brought, clarifying an existing legal doctrine by saying higher-level executives have the “responsibility and authority, by reason of his or her position in the business entity  . . .  to acquire knowledge of any serious danger.” The key is that the person could or should have known, not that he or she admits to having known.

It concludes:

The Department of Justice is undoubtedly negotiating fervently with company lawyers to reach a corporate settlement. But the prospect of allowing GM to buy its way out of having caused at least 13 deaths without even admitting criminal liability, casts a shadow over the proceedings. Why should the responsible parties …

July 28, 2014 by James Goodwin
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As I noted here last week, the Government Accountability Office (GAO) published a report that delivered a scathing review of the Small Business Administration’s (SBA) Office of Advocacy.  The GAO report’s general objective was to assess whether and to what extent the SBA Office of Advocacy is fulfilling its core mission of serving as a “voice for small businesses within the federal government,” and accordingly looked at two of its most important activities for carrying out that core mission: sponsoring small business-centered economic research and participating in individual rulemakings that have a significant impact on small business interests.

In contrast to most GAO reports—which are conspicuous for avoiding controversy and their dry, moderate tone—this one offered some uncharacteristically strong criticisms of the SBA Office of Advocacy.  For example, after rejecting the SBA Office of Advocacy’s feeble excuses for not taking any steps …

July 22, 2014 by James Goodwin
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Earlier today, the Government Accountability Office (GAO) published a scathing report, criticizing the regulatory work and research conducted by the Small Business Administration’s (SBA) Office of Advocacy.  For the past several years, CPR has worked to bring much-needed attention from policymakers, the press, and the public interest community to the SBA Office of Advocacy, which has long leveraged its powerful position in the rulemaking process to oppose stronger safeguards necessary for protecting people and the environment.  Critically, as CPR’s work reveals, the beneficiaries of the SBA Office of Advocacy’s interventions have been large corporations and trade groups, to the detriment of the small businesses they are actually supposed to be helping.

The report, Office of Advocacy Needs to Improve Controls over Research, Regulatory, and Workforce Planning Activities, was conducted in response to a request for a review of “Advocacy’s activities” from the Subcommittee …

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