OMB Watch Calls on the Obama Administration to Revise Regulatory Process

WASHINGTON, Jan. 29, 2010—President Barack Obama issued a memorandum to executive department heads and agencies on Jan. 30, 2009, calling for a revision to the principles guiding the federal regulatory process. The memo required agencies to submit within 100 days recommendations for a new executive order. The memo also precipitated a call for public comments by the Office of Information and Regulatory Affairs (OIRA) to gather the public's ideas for reforming the regulatory process. At the one-year mark of his administration, OMB Watch calls on the president to complete this process by issuing a revised executive order.

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Agencies Make Data More Widely Available Through Data.gov

On Jan. 22, executive agencies posted hundreds of datasets onto Data.gov as required under the Open Government Directive (OGD). Many transparency advocates have lauded the administration’s efforts while at the same time raising questions about how well this first initiative under the OGD actually worked. The release of the datasets has triggered discussions about the value of the data, how individual privacy rights are protected, whether the datasets being released are new, and the quality of the data that has been released.

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Lead Standards for Children's Products Challenge CPSC

The Consumer Product Safety Commission (CPSC) is struggling to interpret and enforce standards intended to limit children's exposure to lead, the agency's commissioners reported to Congress Jan. 15.

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FDA Shifts Position on BPA but Says Its Hands are Tied

In its long-awaited decision on the dangers of bisphenol-A (BPA) exposure, the Food and Drug Administration (FDA) announced that it believes there is some concern about the effects of BPA on children. This is a shift from the agency's recent position that BPA is safe. The agency says its ability to regulate the chemical, however, is limited by FDA's outdated regulatory authority.

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The End of TARP to Be Met with Controversy

The Troubled Asset Relief Program (TARP) began with a single, basic idea: prevent imminent economic collapse. With that premise, then-Treasury Secretary Henry Paulson convinced Congress and President Bush to authorize $700 billion of emergency spending to undertake actions to avert such disaster. Now, with economic catastrophe averted but with the nation's economy still struggling, a new report turns policymakers' focus to the end of TARP.

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Citizens United: Nonprofit Calls to Action and the Legislative Response

In response to the Citizens United v. Federal Election Commission opinion announced on Jan. 21, many nonprofits and political leaders are mobilizing to address the impact of the decision. Nonprofits, in particular, are taking the lead in ensuring that the voices of ordinary Americans are not diminished by an influx of corporate money into electoral politics.

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Citizens United: The Supreme Court Decision and Its Potential Impacts

The long-awaited decision in Citizens United v. Federal Election Commission was issued on Jan. 21. With a 5-4 ruling, the U.S. Supreme Court decided that corporations and unions may now directly and expressly advocate for the election or defeat of candidates for federal office, as long as they do not coordinate their efforts with campaigns or political parties. Many predict the impacts of the decision will be immense and far-reaching, both for nonprofit voter engagement and political discourse as a whole.

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Bite Taken Out of Chemical Secrecy

The U.S. Environmental Protection Agency (EPA) announced on Jan. 21 a new practice that will prevent chemical manufacturers from hiding the identities of chemicals that have been found to pose a significant risk to environmental or public health. The policy is a small step to increase the transparency of the nation's chemical laws, and it highlights both the problem of excessive secrecy and the power of the executive branch to make government more open – even without action by Congress or the courts.


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Commentary: Deficit Commissions Unlikely to Produce Results

On Jan. 26, the Senate rejected an amendment sponsored by Sens. Kent Conrad (D-ND) and Judd Gregg (R-NH) that would have created a bipartisan deficit commission. Due to the complex nature of the proposal, there is a low probability that such a commission would succeed in its goal to slow the growth of the national debt. Despite the improbability of success, there is much speculation that the president will now create a similar deficit commission through executive order.

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Comparing Projected Budget Deficit with Savings from Discretionary Spending Freeze

OMB Watch has put together a simple chart that compares the projected federal budget deficit with the projected savings from President Obama's proposed three-year freeze on non-defense discretionary spending. The chart is in miniature at right, with the red bar representing the projected deficit and the blue bar representing the savings from the spending freeze. OMB Watch's Fiscal Policy Director, Craig Jennings, has more, including a full-size version of the chart.

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U.S. Supreme Court Unleashes Money Pit by Striking Down Corporate Spending Limits in Citizens United Ruling

money pit

WASHINGTON, Jan. 21, 2010—The long-awaited decision in Citizens United v. Federal Election Commission was issued today. With a 5-4 vote, the U.S. Supreme Court overturned a 20-year-old precedent, which had stated that corporations can be prohibited from using money from their general treasuries to pay for their own campaign-related advertisements. Justices also struck down parts of the Bipartisan Campaign Reform Act, also known as the McCain-Feingold bill, which prohibited unions and corporations from running issue ads before primary and general elections. OMB Watch is disappointed in today's decision and fears it will lead to moneyed interests drowning out the voices of citizens and smaller advocacy organizations.

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OMB Watch to Host Series of Panel Discussions to Assess First Year of Obama Administration

WASHINGTON, Jan. 21, 2010—On Jan. 28, OMB Watch will launch a series of panel discussions designed to explore and assess the first year of the Obama administration.

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"Obama at One Year" Webcast Series Update: Next Event Postponed

The next event in OMB Watch's "Obama at One Year" webcast series, covering implementation of the Recovery Act's transparency provisions, has been postponed until Feb. 24 or 25 at 3 p.m. Eastern Time due to inclement weather. It was originally scheduled for Feb. 10. The fourth session, on Feb. 18, will cover lobbying and ethics reform. Please RSVP today to join us for these panel discussions, either in person or at our online webcast headquarters.


NEW: An archive of the first webcast, on government openness, is now available, and additional archived footage will be coming soon!

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Chemical Secrecy Increasing Risks to Public

Excessive secrecy prevents the public from knowing what chemicals are used in their communities and what health impacts might be associated with those substances, according to a recent analysis of government data by the nonprofit Environmental Working Group (EWG). The growing practice of concealing data alleged to be trade secrets has seemingly hobbled regulators' ability to protect the public from potential risks from thousands of chemicals.

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Hundreds of Rules May Be Void after Agencies Miss Procedural Step

Regulatory agencies are routinely violating federal law by not submitting final regulations to Congress, according to a recent Congressional Research Service (CRS) report. Any rule agencies have not submitted to Congress could be susceptible to a lawsuit.

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The Recovery Act Spending That Wasn't There

Recovery Act recipient reporting has received a great deal of attention in the media, and while some of this coverage has been critical (reporting on non-existent congressional districts or ZIP codes, unreliable job creation numbers, etc.), many news articles portray comprehensive oversight of the act because of transparency requirements in the law. However, approximately two-thirds of the spending in the Recovery Act bypasses these requirements, leading to a dearth of information about how the money is being spent. As time passes and Recovery Act spending continues, this lack of data is becoming more apparent, as highlighted by a recent Internal Revenue Service (IRS) report showing that millions of dollars in Recovery Act tax breaks are vulnerable to tax fraud.

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Federal Court Rules on Voting Rights of Incarcerated Felons

A 9th Circuit Court of Appeals panel ruled 2-1 that Washington State felony inmates are entitled to vote under Section 2 of the Voting Rights Act of 1965. The court held that current restrictions, which strip convicted felons of the right to vote while incarcerated or under Department of Corrections supervision, unfairly discriminate against minorities.

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Administration Revises Classification and Declassification Systems

On Dec. 29, 2009, President Obama signed an executive order (E.O. 13526) to prescribe a uniform system of classifying and declassifying government information. The new order was welcomed by open government advocacy groups and will go into effect on June 27.





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Improving Implementation of the Paperwork Reduction Act

On Oct. 27, 2009, the White House Office of Information and Regulatory Affairs (OIRA) opened a public comment process on ways to improve implementation of the Paperwork Reduction Act (PRA). The PRA covers a range of information resource management issues and topics, although it is best known for creating OIRA and establishing a paperwork clearance procedure. The law was passed in 1980 and last reauthorized in 1995, well before current technological capabilities that allow for greater public participation and streamlined information collection and reporting.

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Transparency: Change You can Trust

In 2008, we heard a lot about "change." In this 2009 year-end summary, we use another type of "change" to rate the Obama administration's transparency efforts thus far.

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