The House Homeland Security Committee continues its markup at 5:30 p.m. of H.R. 2868, the Chemical Facility Antiterrorism Act, a seemingly well-intentioned piece of legislation that will make U.S. production and storage of chemicals more expensive and burdensome with no appreciable benefit to public safety and national security. Extension of the current 2006 regulations would allow the increased safety measures known as the Chemical Facility Anti-Terrorism Standards, or CFATS, to be implemented fully in a logical, effective way. The Obama Administration supports such an extension.

We posted on the bill here and here, and have also noted the writing of E.F. Glynn, blogging at KansasMeadowlark, concerned about the impact of yet more government regulation on farmers and the ag economy. In a new post, “Homeland Security may impose new regulations on agriculture,” Glynn includes videos from last week’s committee meeting and expresses astonishment that the debate seems to be driven by a left-leaning think tank: “A Center for American Progress study that shows no economists or engineers on the project team, nor any economic or engineering analysis, is enough for Congress to decide national chemical security policy?”

Well, count up the usual suspects. The believers in regulations first and always at OMB Watch say, “Chemical Security Bill Withstanding Industry Assault“: “With luck and the continued hard work of the ‘Blue Green Coalition’ of labor, environmental, and public interest groups, the bill hopefully will emerge from this committee mostly unscathed.” See, obviously this coalition formed because of their mutual interest in fighting terrorism.

There’s also the U.S. PIRG news release, “U.S. PIRG Urges Passage of Chemical Facility Anti-Terrorism Act of 2009.”

Both groups support the “citizen suits” provisions which create a second regulatory system, that imposed by environmentalist lawsuits. Blogger P.J. Coyle also wonders about the impetus behind the newly added “citizen suits” provision at his blog, “Chemical Facility Security News.”

As committee members debate this legislation that will add costs to a major employer during a serious recession, we would remind them of these facts, courtesy the American Chemistry Council:

That’s 5.66 million jobs.

The Clown from Cesar Gamino on Vimeo.

On behalf of the United Adworkers Local 208, who describe themselves a Milwaukee-based organization dedicated to the pursuit of marketing communications excellence. And that is indeed an excellent video.

From The Washington Post, “White House Broadens Communications Limits“:

The White House is bolstering its restrictions on lobbying for stimulus funds, expanding the ban on oral communications with administration officials to include not only federally registered lobbyists but also consultants and other individuals who seek to exert influence over the spending process.

As summarized in “update,” published on the White House, “Update on Recovery Act Lobbying Rules: New Limits on Special Interest Influence,” a memo, or blog post, on online commentary, from Norm Eisen, White House Ethics Counsel:

First, we will expand the restriction on oral communications to cover all persons, not just federally registered lobbyists.  For the first time, we will reach contacts not only by registered lobbyists but also by unregistered ones, as well as anyone else exerting influence on the process.  We concluded this was necessary under the unique circumstances of the stimulus program.

Second, we will focus the restriction on oral communications to target the scenario where concerns about merit-based decision-making are greatest –after competitive grant applications are submitted and before awards are made.  Once such applications are on file, the competition should be strictly on the merits.  To that end, comments (unless initiated by an agency official) must be in writing and will be posted on the Internet for every American to see.

Third, we will continue to require immediate internet disclosure of all other communications with registered lobbyists.  If registered lobbyists have conversations or meetings before an application is filed, a form must be completed and posted to each agency’s website documenting the contact.

Our bolding. What exactly is “the merits?” How do we determine what these merits are? Apparently not through oral communication, i.e., “Oh, hi, Bill. That’s a good project.” No phone calls, either.

“A form must be completed…” If the White House wishes to achieve transparency,  it should start by banning the use of the passive voice so communications are clear.

Lobbyists and organizations that lobby complained that the White House’s restrictions on lobbying on stimulus fund projects were discriminatory and unfair because the same restrictions didn’t apply to people like corporate executives or officials. So these memorandumly noted changes address that fairness issue by expanding the ban on orally petitioning the government or expressing one’s views through speech. In the interests of transparency the First Amendment must be sacrificed.

The restrictions are also ambiguous enough that a lobbyist or other petitioner won’t be sure how to fully comply. So if someone runs afoul of White House officials, a phone call to a news outlet or a friendly prosecutor can punish the offender. Ambiguous rules plus capricious application equals negative rule of law.

UPDATE (1 p.m.): Mark Tapscott of the Washington Examiner reaches similar conclusions. From “White House moves to restrict criticism of stimulus projects“:

This is the Camel’s nose under the tent, being poked because of special circumstances. Let government restrict political expression - i.e. lobbying of government officials regarding policy - in one small, supposedly specialized area and not long after the specialized area starts expanding. Eventually, all political expression regarding all policy will become subject to government regulation.

More on this as it develops. And trust me, it will develop.

(Hat tip, Instapundit. And thanks for the links, Mark and Glenn!)

The sign at one of the entrances in North Carolina to the Great Dismal Swamp.

Well, of COURSE it’s dismal. You can’t get a good martini there.

From AFP, “Scientists discover deadly secret of Komodo’s bite”

SYDNEY (AFP) — The world’s largest lizard, the Komodo dragon, has a snake-like venom in its bite which sends victims into shock and stops their blood from clotting, according to Australian research.

It had been widely believed that deadly bacteria in the carnivorous lizard’s mouth helped kill its prey.

But magnetic resonance imagery has for the first time uncovered venom glands containing a shock-inducing poison which increases blood flow and decreases blood pressure, scientists say.

What a good opportunity post a link to one of Bob and Ray’s best bits, the interview with Komodo Dragon expert.

If you were in the vicinity of our nation’s capital, Washington, D.C…..you would take the kiddos to the National Zoo, and there you would see two Komodo dragons….the world’s largest living lizard. There is a stuffed Komodo dragon in the lobby of the Royal Hotel in Katmandu, Nepal.

There’s a video version here, but it’s not as good. So here’s one of their beer ads instead, a hockey-themed spot courtesy Archive.org.

Trekkies Bash New Star Trek Film As ‘Fun, Watchable’

The CPSIA run amok? Toxic ink forces recall of all U.S. dollars, not just for kids.

Treasury Department Issues Emergency Recall Of All US Dollars

The maw of the 24-hour cable news beast opens wide and finds, less filling.

In The Know: Situation In Nigeria Seems Pretty Complex