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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Beginning Steps toward a Regulatory Reform Agenda: Regulatory News in 2009

In 2009, the Obama administration took steps toward rebuilding the federal government's ability to protect public health, workplace safety, and environmental quality. President Obama set out key principles to guide the administration's actions on transparency, regulatory reform, and scientific integrity. He appointed well qualified agency heads who reversed or halted many harmful regulations from the prior administration. In doing so, the president has created expectations for a renewal of government's positive role. The most vexing problems, however – changing a dysfunctional regulatory process and restoring badly needed resources to agencies – remain major hurdles.

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Fiscal Policy in 2009 – A Review

Federal fiscal policy has been front and center throughout 2009 as the Obama administration and Congress have gone to extraordinary lengths to bring the country's economy back from the brink of disaster. It seems like every week, we saw a crucial vote or major policy proposal released. A massive Wall Street bailout, an economic stimulus effort with unprecedented transparency provisions, an attempted reform of the financial regulatory system, a new presidential effort to reform the contracting system, significant gains in proper enforcement of the tax code, and a Congress that continued to fail at passing appropriations and tax bills in a timely manner have made for a pretty exciting, if not chaotic, year. Below is a review of some of the major developments in federal fiscal policy in 2009 from an OMB Watch perspective.

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A Song about Nonprofit Speech Rights in 2009

Jingle Bells, Jingle Bells, Speech Rights are the thought of the day
Oh what fun it is to work
When nonprofits have a say, hey!

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Open Government Directive Hits the Streets

The Office of Management and Budget (OMB) released the long-anticipated Open Government Directive on Dec. 8. The directive, a memo from OMB Director Peter Orszag to all agency and department heads, requires that all agencies develop and implement an Open Government Plan specific to each agency.

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