Term
| Federal Safety Law Targets 15,000 Items, but not Guns |
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Definition
| CPSC is prohibited from venturing into guns. There are no childproofing or safety device laws in America. |
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Term
| Safety Agency, Mattel Clash Over Disclosures |
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Definition
| The CPSC passed a state requiring 24 notification if a company discovers a problem in one of its products. They cannot enforce it very well, and some companies take weeks if not months to notify CPSC. |
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Term
| Safety Agency Faces Scrutiny Amid Changes |
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Definition
| Budget cuts have led to lost jobs in the CPSC, which has reduced the effectiveness of the agency. |
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Term
| Safety Agency Faces Scrutiny Amid Changes |
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Definition
| Budget cuts have led to lost jobs in the CPSC, which has reduced the effectiveness of the agency. |
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Term
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Definition
| Rulemaking, adjudication, Advising, investigation & prosecution, and administration. |
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Term
| Consumer Product Safety Act |
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Definition
| CPSC authority increased in 2008 |
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Term
| Consumer Product Safety Commision |
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Definition
| Independent Agency- 5 commissioners, 7 year terms, appointed by President with Senate consent. |
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Term
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Definition
| 1) Protect the public from unreasonable risk of injuries from consumer products. 2) Has no authority over guns, ammo, food, tobacco, automobiles, or drugs. |
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Term
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Definition
1) Evaluate required reports about product defects that cause substantial hazards or violate safety standards.
2) Product surveillance- based on complaints, lab testing, research etc.
3) Seeking voluntary corrections and preventative steps.
4) Facilitating or ordering recalls: IE notebook batteries. |
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Term
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Definition
1) Creating mandatory safety standards.
2) Bringing criminal and civil enforcement cases; CPSC or federal courts.
3) Public education- database of reports. |
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Term
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Definition
| Standing Committees, subcommittees, Presidential Action (veto power). |
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Term
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Definition
| Standing Committees, subcommittees, Presidential Action (veto power). |
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Term
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Definition
1) The president's budget proposal- Office of Management and Budget (OMB).
2) Budgets committees- budget items can be general or very specific about how money can or cant be spent.
3) Appropriations Committees. |
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Term
| Congress- Summary of Powers 1 |
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Definition
1) Senate confirmation of Presidential nominations.
2) Oversight of administrative agencies- gather information, public pressure, may lead to legislative or budget action. |
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Term
| Congress- Summary of Powers 2 |
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Definition
1) Legislative requirements or limits.
2) Budgetary requirements or limits.
3) Subject to presidential action (Budget not subject to presidential line item veto) |
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Term
| Role of president in the regulatory process |
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Definition
| 1) Appoints public officials- Top administrative policy makers, with consent of Senate, ability to fire cabinet agency heads. |
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Term
| Role in budget process: OMB |
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Definition
Rulemaking review: 1) OMB office of information and regulator affairs.
2) Cost benefit analysis
3) The Clinton Policy: Broader acceptance of benefits, only rules having significant impact, timelines to fight delay, still applies "on paper". |
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Term
| Cost/Benefit analysis- Environmental Risks |
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Definition
Risk Assessment-
1) Hazard Identification- Is there a risk at any level of exposure?
2) Dose/Response Assessment- How to draw the line from high exposure to low.
3) Exposure assessment- What is the current level of exposure.
4) Risk characterization- Voluntary risk vs involuntary risk. |
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Term
| Cost to reduce risk vs benefit of reducing risk |
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Definition
1) How to value the benefits- Life, health, environment.
2) How measure costs- competing risks.
3) Relative cost/benefit considerations- Best use of scarce resources; most bang for buck |
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Term
| Occupational safety and health administration (OSHA) 1 |
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Definition
1)Cabinet agency, 1970. Agency head is Ed Foulke.
2) Safety and health standards- own initiative or external request. Notice and comment rulemaking.
3) General Duty Clause- Furnish place of employment free from recognized hazards that can cause serious harm.
4) Guidelines and voluntary protection programs: Ergonomics guidelines, and safe harbor from general duty violation claims.
5) Consultation |
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Term
| Occupational safety and health administration (OSHA) 2 |
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Definition
1) Inspection- from reports, complaints, or high risk industries (whistleblower protection). No prior notice.
2) Citations and penalties.
3) Appeals to occupational safety and health review commission (OSHRC). Independent agency.
4) Reporting requirements for work related injury or illness. |
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Term
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Definition
1) Perceiving a Problem
2)Whether to regulate
3) How to regulate
4)Influence of Prez and congress. |
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Term
| Informal rulemaking steps |
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Definition
1) Rulemaking review by OMB (Major rules only).
2) Notice (Federal Register, Websites, regulations.gov)
3) Comments (Written, or oral hearings).
4) Publication of rule
5) Arbitrary and Capricious Standard- 1. The rule must be reasonable to address a problem in light of costs and alternatives. 2 All significant questions raised must be addressed rationally in report. |
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Term
| "Arbitrary and Capricious" |
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Definition
| Absence of rational connection between facts found and choice made. When a decision is made without reasonable grounds or adequate consideration. |
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Term
| Review by federal courts (Can be overturned if...) |
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Definition
1) Found arbitrary and capricious.
2) It violates more specific prior legislation.
3) Outside jurisdiction
4) Improper procedure followed.
5) Unconstitutional |
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Term
| Hypothetical situation 1- OSHA starts an RSI rule under Clinton, but before they can finish, Bush is elected. Can OSHA simply not pass the rule? |
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Definition
| Yes, OSHA abandoned 12 rules when Bush was elected. |
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Term
| Hypothetical situation 2- OSHA starts RSI rule under Clinton, then before they can finish Bush is elected. Congress is Democratic majority. Can congress make OSHA pass the rule? |
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Definition
| Yes, by passing legislation to do so or by changing OSHA's budget. Bush may veto, in which case the democrats would need 2/3 vote to override. Advantage of using budget is there is no line item veto. |
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Term
| Hypothetical situation 3- OSHA passes RSI rule under Clinton, then Bush takes office. Can OSHA withdraw the rule? If not, how can it be eliminated? |
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Definition
| OSHA must go through the proper rule making steps to make a rule that eliminates the previous rule. OSHA can also pass a rule using notice and comment method to delay implementation until more evidence is gathered. OSHA must have rational reasons to pass a rule to eliminate the rule it recently created. |
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Term
| Hypothetical situation 4- OSHA passes RSI rule under Clinton. Bush takes office, can he veto it? |
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Definition
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Term
| Hypothetical situation 5- OSHA passes RSI rule under Clinton, Bush takes office. Congress is majority Republican. Can Bush and congress eliminate rule? |
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Definition
| Yes, by passing legislation that clearly eliminates the rule and prevents the agency from enacting a similar rule. |
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Term
| Hypothetical situation 6- OSHA passes RSI rule under Clinton. Gore is elected, congress is Republican. Can rule be vetoed? |
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Definition
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Term
| Hypothetical situation 7- OSHA passes RSI rule under Clinton. Gore is elected, congress is republican. How can Congress prevent implementation of the rule? |
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Definition
| OSHA's budget can be made to prevent it from using funds to enforce the rule. OSHA budget is packaged with other budgetary items Gore wants. There is no line item veto for budgetary matters, so for Gore its all or nothing. |
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Term
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Definition
| 1) Reagan Administration- NHTSA repeals passive restraint standard. Court rules repeal "arbitrary and capricious". Delays effective date til 1990. If driver side had airbag, don't need passive restraint for passenger until 1994. |
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Term
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Definition
1) Bush Administration- 1991 legislation requires airbags for both seats starting 1997.
2) Clinton administration- airbag cutoff switches in limited situations 1997. Smart airbag rule passed in 2000. |
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Term
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Definition
1) Investigation, negotiation, complaint.
2) Advantages of agency court- Expertise, safeguards to prevent bias.
3) Administrative law judge
4) Informal
5) Decision based on substantial evidence at hearing.
6) Review- Within agency, then federal courts. |
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Term
| Corporate Political Strategies- 3 key questions |
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Definition
1) Who in Government is important to talk to?
2) Why are these people important? (How can they help reach a goal?)
3) What steps will you take to interact with them? |
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Term
| Important Government players 1- The Agency |
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Definition
1) Decision to start, finalize, or stop rulemaking action.
2) Decision to file a complaint.
3) Agency can not veto an old rule without undergoing a new rulemaking process. |
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Term
| Important Government players 2- Congress |
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Definition
1) Oversight committees and subcommittees.
2) Budgetary power (with president)
3) Power over authority and jurisdiction (with president).
4) Senate's approval of Presidential nominees to head agencies.
5) Congress may not veto an agency rule without involving the president. |
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Term
| Important Government players 3- President |
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Definition
1) Agency head nominations- can fire cabinet agency heads.
2) Must sign (or not veto) congressional legislation about agency authority or budget.
3) President may not veto agency rule alone; congress must be involved. |
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Term
| Important Government players 4- Office of Management and Budget |
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Definition
1) Rulemaking review over major agency rules.
2) Budget blueprints. |
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Term
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Definition
1) Communicate information to and from lawmakers.
2) Expertise on political process.
3) ACCESS is key; ex-congressmen, ex-gov officials, ex-aides and staff (Waiting period to become lobbyist recently increased). Friends and family (new restrictions apply to spouses and children). Lobbying firms, and important figures. |
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Term
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Definition
| When everyday citizens contact their own lawmakers to try and influence legislation. |
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Term
| Grassroots Lobbying- Who to involve?? |
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Definition
Interested Stakeholders!
1) Interest group/trade association members.
2) Employees.
3) Shareholders.
4) Customers.
5) Others |
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Term
| Grassroots Lobbying- How to get involvement?? |
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Definition
1) Action alerts.
2) Petitions
3) Media
4) Internet |
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Term
| Contributions in the Political Process |
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Definition
1) Corporations and unions may NOT contribute funds directly to federal campaigns.
2) Corporations and Unions may NOT contribute funds to political parties.
3) Corporations and unions may NOT contribute money advocating the defeat of a federal candidate. (but can contribute to issue ads)
4) Corporations and Unions may set up Political Action Committees (PACs) to give money to federal campaigns (members give voluntarily). |
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Term
| Federal Contribution Limits |
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Definition
1) Individuals- Around 100,000 each two year cycle to candidates, PACs, and parties.
2) Individuals- $2,300 directly to any one candidate per election.
3) Individual- $5,000 per year to any one PAC.
4) PACs- $5,000 per candidate per election.
5)PACs- No limit on total giving. |
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Term
| Travel expenses, gifts, and lodging |
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Definition
| Gifts and meals from lobbyists and organizations employing lobbyists now banned. Recreational trips, lodging and meals and travel cannot be paid for. Substantial new restrictions for senators. |
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Term
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Definition
1) Expenditures that advocate the defeat or election of a candidate.
2) can be made by individuals or PACs, not unions or corporations.
3) Cant be limits due to first amendment.
4) Must be independent, otherwise there will be a limit placed on expenditures.
5) |
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