Since 1790, Americans have used the Census as a tool to understand who we are and where we stand as a nation. However, our ability to gather this crucial data would be crippled under a bill recently passed by the House.
On May 10, the House passed H.R. 5326, the Commerce, Justice, Science, and Related Agencies Appropriations Act for fiscal year (FY) 2013. The bill would undermine the Census Bureau's authority and resources to inform Americans' decision making on a number of important policy choices.
Most dramatically, the bill would eliminate the American Community Survey (ACS), a vital tool for businesses and governments. The ACS collects information on many of the demographic categories formerly covered in the long-form census, such as housing, education, employment, and transportation. Consequently, the ACS is a richly detailed and reliable source of valuable information about our nation and keeps the country up-to-date in the years between decennial censuses.
The ACS helps to determine the distribution of more than $400 billion in state and federal funds annually, making public programs like education and health care more effective and equitable. In addition, the ACS informs government decision making in myriad other ways. For instance, the Federal Highway Administration recommends using ACS data as an effective practice for environmental justice in transportation planning.
Businesses and nonprofits also rely on the ACS. Retailers like Target use ACS data to select products most suited to community needs. At OMB Watch, we know firsthand how useful ACS data can be, having incorporated it in our Equity in Government Accountability and Performance project.
In addition, the bill would slash the Census Bureau’s funding for FY 2013 by $89 million, or nearly one-tenth of its budget. Census officials warn that such a cut would require cancelling the 2012 Economic Census, which provides information on business activities, employment, inventories, and revenues. The cuts would also deal a significant blow to plans to modernize the population census required once a decade by the Constitution – ironically harming efforts to make the survey collection more efficient.
OMB Watch signed on to a letter opposing the Census provisions in the spending bill. Many other groups also oppose the cuts, including everyone from the U.S. Chamber of Commerce to the Center for American Progress, demonstrating the broad support for the important information the Census Bureau provides. We hope the Senate will hear this message when it considers the bill.
In its frenzy to limit government and cut spending, the House has voted to eliminate an important and valuable national resource. Undercutting the Census Bureau would be a mistake. The less we know about our country, the harder it will be to find sustainable solutions to the challenges that face our nation. Turning off these streams of data would further limit our ability to address national priorities.
(Gavin Baker 05/16/12; 0 comments)Today, the House passed the Digital Accountability and Transparency Act, or DATA Act (H.R. 2146), by a voice vote with strong bipartisan support. The bill to strengthen the transparency of federal government spending was sponsored by Oversight and Government Reform committee chairman Darrell Issa (R-CA) and ranking member Elijah Cummings (D-MD) and 13 other representatives.
OMB Watch released a statement applauding the DATA Act's passage. Katherine McFate, President of OMB Watch, praised the bipartisan congressional commitment to new levels of government openness. The Sunlight Foundation and the Project On Government Oversight (POGO) also released statements celebrating the bills's passage.
By requiring public agencies to release more detailed and accurate information on how federal funds are being spent, the DATA Act serves as a critical first step toward ensuring that every citizen has the information he or she needs to understand the choices our officials make while investing public resources.
McFate also added:
In the coming years, our nation will be facing tough choices about how we spend precious public dollars. The DATA Act is a critical first step toward ensuring that every citizen has the information he or she needs to understand the choices our public officials make while investing public resources. By making these choices more transparent, the Act will make government more accountable to the needs and priorities of the American people.
The DATA Act now heads to the Senate, where a companion measure S. 1222, sponsored by Sen. Mark Warner (D-VA), awaits action in the Committee on Homeland Security and Governmental Affairs.
(Gavin Baker 04/25/12; 2 comments)
During this period of political gridlock, it's rare to find a bipartisan legislative initiative that we can enthusiastically support. But tomorrow, the House of Representatives will vote on just such a bill, the Digital Accountability and Transparency Act (DATA Act). The DATA Act would greatly enhance federal spending transparency, bringing new datasets online and helping standardize reporting across the government.
Federal spending transparency is a relatively new field, with Congress passing the first law mandating online, public access to spending data in 2006. This law, the Federal Funding Accountability and Transparency Act (FFATA), created the bedrock of current federal spending transparency, USAspending.gov. This site, which collects agency data on contracts, grants, and loans, is used by thousands of people every day, including national and local journalists, government officials at every level, and concerned citizens. But USAspending.gov is hampered by limited scope and shaky funding.
The DATA Act creates a new commission, the Federal Accountability and Transparency (FAST) Commission, to oversee federal spending transparency. The FAST Commission would set the standards for several new reporting systems. The DATA Act specifically calls for so-called "ultimate recipient reporting," which requires every recipient to report on their use of funds, no matter how many times a federal award is subcontracted (currently, both FFATA and the Recovery Act stop at the second-tier recipient). The commission would also have $51 million in dedicated funding, each year, giving it the funds it would need to succeed.
These changes would allow the public to have a full sense of how their tax dollars are being used. With ultimate recipient reporting, users can follow the money all the way down the chain. For instance, say a local school district receives a grant from the federal government to fix up a neighborhood school. Currently, if a local contractor receives an award to do the work, it will show up in USAspending.gov as a subrecipient. But if that contractor then subcontracts the work out to, say, a large multinational corporation, the government database wouldn't show that, since we've exhausted the "tiers" in the current law. Ultimate recipient reporting, however, would show every recipient, every subcontractor, who receives more than $100,000 in federal awards.
The FAST Commission would have the additional responsibility of setting up a totally new dataset from the Treasury Department. Since the Treasury is the agency actually signing the checks for all federal contracts and grants, its spending data has long been seen as the mythical gold standard for spending information. But opening up these books has been difficult, and the DATA Act forces Treasury to work with the FAST Commission to make this information publicly available.
By overseeing all of these reporting systems, the commission would be able to take a more big-picture view of spending transparency. Currently, recipients of federal awards often face several reporting requirements. In addition to whatever reporting requirements the awarding agency might have, FFATA might require the recipients to report their activities to USAspending.gov, as well. But the commission would have several ways of trying to reduce this reporting duplication, chiefly by setting data standards and pre-populating data fields. This means that recipients of federal dollars should only have to report once, in one place, to satisfy several requirements.
The DATA Act also calls for all this information to be as open and accessible as possible, allowing anyone to use and remix it however they want. Additionally, the commission would regularly produce a slew of reports for Congress and the public. These would include one on the benefits of spending transparency, and another on the feasibility of publishing data on tax expenditures, the more than $1 trillion worth of spending with no transparency whatsoever.
Loyal OMB Watch followers may remember that we originally were opposed to the DATA Act. However, since the House Oversight and Government Reform Committee first voted on the bill, a number of changes have been made. It no longer repeals FFATA, the landmark transparency law. And the new version also has a less restrictive sunset so that only the FAST Commission is up for another vote in seven years, not the entire bill and the new reporting requirements. While there are other, small changes, these two are enough to convince us to support the new version of the bill.
The version of the DATA Act coming to the House floor tomorrow afternoon enjoys wide support, both inside and outside government. The bill passed unanimously through the House Oversight Committee last year, and both Democrats and Republicans vocally support the bill. Yesterday, 23 good government groups, including OMB Watch, called on Congress to pass the DATA Act.
Now we're asking for your help. Please let your representative know you support transparency, too. Write your representative and urge him or her to pass the DATA Act to make government spending more open to citizen oversight!
UPDATE (April 25, 2012): The DATA Act passed the House by an overwhelming voice vote this afternoon.
Image by Flickr user nixter used under a Creative Commons license.
(Sam Rosen-Amy 04/24/12; 9 comments)The Center for American Progress (CAP) has released a series of three new papers on how the federal government can improve contracting through selective insourcing, better auditing, and increased transparency. Each paper contains specific recommendations that would help improve how Uncle Sam doles out contracting dollars and the return Americans could see on that spending.
The insourcing paper asks federal agencies to think about whether they have hired contractors to perform inherently governmental functions (those duties so intimately related to the basic functioning of government that only direct employees of the government should perform them), and if they have, to bring those jobs back in house.
Examples include the use of contractors by the Internal Revenue Service (IRS) to collect tax obligations, which the agency brought back in house after a disastrous outsourcing experiment. Another example is the use of private security contractors in Iraq and Afghanistan, which has brought into question the outsourcing of the inherently governmental function of employing deadly force.
Insourcing jobs can help the government in two ways: it can save money, and it can help the agencies keep and strengthen vital skills among its workforce. Pratap Chatterjee, the author of the papers, points to a recent success story in the Department of Homeland Security (DHS) as an example of how insourcing can save money. When the IT department of U.S. Customs and Border Protection converted 200 contracting jobs back to government positions in 2010, the agency saved $27 million out of its $400 million budget.

The idea that federal workers cost taxpayers less than contractors do runs contrary to conventional wisdom in Washington, but recent research performed by the Project On Government Oversight (POGO) found, on average, “the government actually pays service contractors at rates far exceeding the cost of employing federal employees to perform comparable functions.”
Additionally, when an agency outsources a specific function to a contractor, it runs the risk of losing that skill set within the agency, eventually making the agency dependent on the private sector to perform the work. Chatterjee cites the testimony of Mark Lowenthal, a former Central Intelligence Agency (CIA) official, who told Congress last year that, because of outsourcing during the Iraq War, the CIA had lost the vast majority of its experienced staff; most had jumped ship for the higher-paying, more flexible lifestyle of a contractor employee.
The auditing paper returns to the all-too-well-understood problem that the federal government does not grant the Defense Contract Audit Agency (DCAA) enough power and resources to properly assess the hundreds of billions of dollars spent each year on contracting. Though it has “Defense” in its title, DCAA is responsible for reviewing most of the government’s contracts.
The paper recommends that additional resources be provided to the agency so it has the staff to fulfill its mandate and argues that Congress should provide DCAA with the authority to subpoena contractor records, allow it to appoint an independent general counsel, and have the agency report directly to Capitol Hill instead of the Pentagon.
As Chatterjee notes, the number of DCAA audits has of late declined dramatically. In just the last few years, DCAA went from performing roughly 30,000 audits per year to just 10,000. This decline coincided with significant internal turmoil at the agency. Others in the contracting reform field have been calling for similar improvements for some time.
Calling on the federal government and Congress to continue building on recent reforms, the paper on transparency recommends the creation of a “single, streamlined, government-wide electronic [database] system,” a universal, online training manual for federal contracting personnel, and an online “budget dashboard,” similar to the Obama-administration-created IT Dashboard.
Recognizing that President Obama has overseen great strides in contracting transparency, making available “reams of new data” on sites like Data.gov, USAspending.gov, and the new Federal Awardee Performance and Integrity Information System (FAPIIS), Chatterjee claims that these reforms still “are not sufficient.” This is especially true of FAPIIS, which is a highly flawed system for delivering important contractor performance information to the public.
The author calls for making past performance data on all contractors public (the legislation creating FAPIIS strictly forbids this) and calls for the government to create a unique identification system for tracking business entities across the federal government.
In an environment replete with the high-pitched shrieks of budget hawks, one would think that contracting reforms that could save significant amounts of public money would be a high priority on Capitol Hill. If legislators can get around standard party politics – unfortunately only intensified during an election year – these papers might provide a blueprint for several pieces of bipartisan legislation.
Image by Flickr user Official U.S. Air Force used under a Creative Commons license.
(Gary Therkildsen* 04/04/12; 6 comments)
Yesterday, Rep. Paul Ryan (R-WI) released his latest budget proposal, called "The Path to Prosperity," which serves as an update to his plan from last year. The proposal, which is the draft of the fiscal year (FY) 2013 House budget resolution, is supposed to be a fiscal framework for the House for the coming year. However, the congressman's tax plan is not a serious proposal for change.
Ryan slashes upper-income taxes while vaguely promising to get rid of unnamed tax breaks. The assumptions behind his economic growth estimates are fuzzy, and without strong economic growth, the Republican proposal could cause the national debt to balloon. What is clear is that the proposal would unquestionably cause income inequality to explode.
Ryan correctly highlights the sorry state of the federal tax code. It is overly complex, so complex, in fact, that Americans pay $160 billion a year for tax preparation assistance. When the nation is spending almost three times as much on tax preparation as on pharmaceutical research and development, as Ryan points out, something is wrong.
But his proposed "solutions" disproportionately benefit the wealthy. Ryan points out that the top one percent of taxpayers benefit the most from tax loopholes, and then proceeds to give these same taxpayers sweeping tax breaks by tripling down on the Bush tax cuts. Ryan's proposal slashes the top personal income tax rate by ten percentage points, from 35 to 25 percent. The other five tax rates would be condensed into one bracket of ten percent. Ryan does not stipulate the incomes subject to the different tax rates, but the end result is clear: the upper class will receive a massive tax break, and the tax code's progressivity, in which those earning more pay more in taxes, would essentially disappear overnight.
At the same time, Ryan would repeal the Alternative Minimum Tax (AMT), an additional tax upper-income taxpayers pay now if their taxes are below a certain level. Because the AMT was not indexed to inflation, it is starting to hit more middle class families (not just the wealthy), but there are ways to re-target the tax without repealing it entirely. The AMT greatly increases the progressivity of the tax code, and currently brings in about $600 billion over ten years. Erasing it from the tax code would both decrease revenues and increase inequality.
Ryan would also cut the corporate tax rates. To reform the corporate tax code, Ryan uses the plan put forward by the House Ways and Means Committee chairman, Dave Camp (R-MI), which proposes cutting the corporate tax rate by ten percentage points, to 25 percent, and closing loopholes. This move, by itself, would decrease revenue, since the Joint Committee on Taxation recently estimated that the corporate tax code could not be lowered below 28 percent without losing revenue, even if Congress got rid of all the loopholes to pay for it.
Ryan would also change to a "territorial" tax system, which essentially only taxes corporate profits that are generated in the United States. According to Citizens for Tax Justice, such a change would only encourage companies to move more of their activities off-shore, cutting job growth and costing the government tens of billions of dollars in lost revenue each year.
The Republican budget resolution does not specify how these tax cuts would be paid for. Ryan writes that "[this] budget would eliminate tax subsidies ... to lower rates," but doesn't name a single loophole or credit that he would eliminate. Slate economics writer Matt Yglesias complained that Ryan's lack of details reached new levels of "tax reform vagueness."
By slashing tax rates, abolishing four tax brackets, eliminating the AMT, and lowering the corporate tax - all without specifying any offsets - Ryan's budget could likely drastically lower the amount of revenue the government collects. The Tax Policy Center noted that policies such as Ryan's, if not offset, could cost as much as $4.5 trillion over the next ten years. In 2022 alone, Ryan would need to eliminate about $700 billion in tax breaks to make up the gap in revenues.
Ryan assumes that his budget will keep producing the same amount of revenue despite his massive tax cuts, but does not provide the details for how he arrives at that conclusion. He even told Congress' budget scorekeeper, the Congressional Budget Office, that his budget would produce revenues equal to 19 percent of the economy each year by 2030. To add up, Ryan's budget probably employs dynamic scoring, a discredited concept that predicts tax cuts will pay for themselves through economic expansion. But such economic growth is unlikely. Instead, Ryan's budget would likely cause the national debt to skyrocket even higher.
The Ryan budget resolution is in stark contrast to the President's budget, released in early February. The President would restore higher tax rates on the wealthy (let the Bush tax cuts on higher income households expire), which Ryan extends permanently; institutes new measures to ensure the nation's wealthiest pay their fair share; and has targeted by name a number of tax loopholes to close. Instead of severe cuts in domestic discretionary spending and entitlement programs, President Obama proposed new revenue streams, targeted investments to promote economic growth, and selected cuts to both social services and defense programs. This approach would begin to increase tax fairness and to reduce inequality. The Ryan Republican plan does just the opposite.
For more on revenue options that Congress could choose, visit We Have Choices and voice your preferences.
Image by Flickr user SpeakerBoehner used under a Creative Commons license.
(Sam Rosen-Amy 03/21/12; 12 comments)The American Sustainable Business Council, Main Street Alliance, and Small Business Majority released a new poll yesterday gauging small business owners’ opinions on taxes. On everything from the tax rates of the wealthy to corporations' exploitation of loopholes in the tax code, small business owners from across the nation say big businesses and millionaires aren’t paying their fair share.
Nine out of ten small business owners believe large corporations use loopholes not available to small businesses to avoid paying taxes – taxes those same small businesses have to pay. A similar percentage of small business owners see the use of accounting gimmicks by U.S. multinational corporations to shift profits overseas – and thus avoid paying taxes on those profits – as a serious problem.
A majority of respondents supported policies that require the wealthy to pay more taxes. Fifty-one percent of small business owners want to see the Bush tax cuts for the wealthy expire at the end of the year, while 81 percent disapprove of the carried interest loophole that allows hedge fund managers to pay the capital gains tax rate on their income (currently at a modern low of 15 percent).
The survey polled only businesses with 100 employees or less. Other trade associations who claim to represent small business interests often count businesses with 500 or even 1500 employees. The poll also included a representative sample of political leanings: 50 percent of those polled identified themselves as Republicans or independents leaning Republican, 32 percent identified as Democrats or independents leaning Democratic, and 15 percent were independents without political party leanings.
Image by Flickr user dubnars used under a Creative Commons license.
(Gary Therkildsen* 02/07/12; 17 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; 38 comments)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 at www.SeniorLiving.org, used under a Creative Commons license.
(Gary Therkildsen* 01/18/12; 37 comments)
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; 33 comments)
Even though the 2012 fiscal year (FY) began more than two months ago, Congress only recently put the finishing touches on this year’s budget. Over the weekend, the House and the Senate approved a funding package wrapping all of the outstanding annual appropriations bills into one. In doing so they stripped out many, but not all, of the controversial legislative provisions, known as policy riders.
The overall spending level for this year’s budget had been set in the summer by the debt ceiling deal, but it took the end of the so-called Super Committee to clear the way for the year’s final spending bills. Last month, Congress passed three appropriations bills – Transportation-Housing, Commerce-Justice-Science, and Agriculture – which had few controversial riders. Last week, Congress reached an agreement on the remaining nine bills, which fund everything from the Defense Department to Congress itself, and are worth more than a trillion dollars.
Three of the remaining bills - Financial Services, Labor-Health and Human Services-Education, and Interior-Environment - had threatened to hold up the entire process. They contained some of the most controversial issues Congress is currently grappling with, such as financial regulatory reform, the health care overhaul, and environmental protections. Congressional Republicans are intent on rolling back some of the gains Democrats have made in these areas over the past few years, and the battle had been playing out, in part, in these funding bills. For months, Republicans tried to defund important safeguards and reforms or undo them completely with targeted policy riders.
In the past, OMB Watch prepared an analysis of the annual appropriations bills, examining the policy riders they contained. For instance, we found more than 75 riders on the first three bills passed this year. However, with this most recent appropriations package, Congress deliberately left the public in the dark by releasing the bill’s language only days before final votes where scheduled. The bill stretches almost 1,400 pages, and it would have been impossible to fully catalogue all of its riders, never mind perform any meaningful analysis of them, before the bill’s passage (the House released the bill only three days before the final vote).
Even though the bill has already been approved by both houses of Congress, reporters and public interest groups continue to sift through it, trying to find out what Congress actually passed. While it seems that negotiators stripped the nine funding bills of their most controversial policy riders, many were left in. One rider prevents the government from enforcing new light bulb efficiency standards, while others prevent funding for a range of programs in Washington, DC. Another rider prevents the administration from fully implementing a proposed executive order which would have required contractors to disclose their contributions to political candidates when bidding on government contracts. A fourth, highlighted by the Natural Resources Defense Council, potentially weakens clean air permitting. With previous bills as a guide, it’s likely that there are other riders hidden in this spending package.
Of course, the budget process isn’t supposed to work this way. Ideally, both houses pass budget resolutions, and all twelve appropriations bills work their way through committees and on to the House and Senate floors in order to become law. That way, committees can hold hearings on important issues and question government officials in public, and there’s plenty of time for constituents to weigh in before any bills reach a final vote. Legislators are also supposed to focus spending bills on just that - spending. Provisions on non-spending policy issues, such as environmental standards and energy efficiency rules, should be debated separately and openly, not buried inside an immense bill deliberately kept away from public view.
Hopefully, this process won’t be repeated next year. If Congress can get a faster start on the appropriations process and allow the normal, more transparent process to work, it will be harder to slip in the hidden policy riders that plagued this year's spending bills.
Image by Flickr user Kevin Burkett used under a Creative Commons license.
(Sam Rosen-Amy 12/21/11; 14 comments)