Publications

Mitigating the Impact of a Temporary Sequester

On Jan. 2, 2013, if Congress and the president have not enacted legislation delaying or canceling a process known as "sequestration," $109 billion in automatic, across-the-board spending cuts will be applied to defense and non-defense programs in 2013. If these cuts were to occur, however, the White House would have substantial authority to mitigate and postpone the impact on those programs that are not exempt for several weeks. Moreover, large portions of the federal budget would be exempt from the cuts.

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The Regulatory Tsunami That Wasn’t

This report shows that there is little difference between the Obama administration and past administrations in their overall level of regulatory activity. There has been an increase in the number of significant rules during the Obama administration, but that has been driven by the statutory and judicial deadlines the Obama administration faced and by regulatory actions left uncompleted by prior administrations. The number of pending regulations leading into this election year is remarkably similar to comparable time periods under past administrations and does not provide any evidence of plans for an avalanche of regulations to come.

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House Passes Anti-Environmental Package before Recess

On Sept. 21, the House passed a package of anti-environmental bills in a last-ditch effort to further the majority’s regulatory reform agenda before adjourning until after the November elections. The legislation includes many measures already approved by the House that would limit the U.S. Environmental Protection Agency’s (EPA) ability to curb pollution and protect our natural resources.

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New Court Decision Is a Blow to Political Spending Transparency Requirements that Were Already Being Evaded

On Sept. 18, the D.C. Circuit Court of Appeals overturned Van Hollen v. Federal Election Commission (Van Hollen), a lower court ruling that effectively required more disclosure of political spending. But the Court of Appeals' blow to political spending transparency is mostly a symbolic one: over the last six months, most nonprofit political advocates have found ways to skirt the disclosure requirements and keep their donors anonymous.

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New Senate Bill Would Advance Spending Transparency

The latest offering from the Senate on federal spending transparency is far less ambitious that its House counterpart, but if enacted, it would be a big win for transparency and accountability. There would still be some areas of spending transparency to be addressed in future legislation, but if the Senate's version of the Digital Accountability and Transparency Act (DATA Act) becomes law, the public will have a clearer picture of federal spending and new tools for accountability.

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Tax Treatment of Capital Gains and Stock Trades Receives Attention as Congress Considers Tax Reform

On Sept. 20, the two congressional tax-writing committees held a joint hearing on the tax treatment of capital gains – gains on assets such as stocks, real estate, and other forms of wealth. The combined hearing – which brought together members of the Republican-controlled House Ways and Means Committee with members of the Democratically controlled Senate Finance Committee – demonstrated the commitment of both parties to address tax reform issues soon after the elections. Such reforms may come as part of a larger budget package intended to prevent the federal government from going over a "fiscal cliff" on Jan. 2, when a host of Bush era-tax cuts are set to expire and across-the-board spending cuts required by the 2011 Budget Control Act will go into effect.

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EPA Proposal Missing Improvements to Water Quality Reports

Under the Safe Drinking Water Act, water utilities are required to provide annual drinking water quality reports to consumers. These reports, usually attached to a customer’s water bill, contain information on any contaminants in the water, any violations of water quality standards, and sources of public drinking water. But a new proposal being considered by the U.S. Environmental Protection Agency (EPA) could actually reduce public access to these water quality reports.

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One Year Later, Delivering on the Commitments of the Open Government Partnership

Sept. 20 marked the one-year anniversary of the launch of the global Open Government Partnership (OGP) and the release of the U.S. National Action Plan detailing the Obama administration's commitments to strengthen transparency in the federal government. The partnership and the administration's implementation efforts have both made significant progress toward their goal of more open and responsive governments in the U.S. and worldwide.

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Inheritance Tax Renewal to Be Part of "Fiscal Cliff" Discussions

With the federal budget on the precipice of a "fiscal cliff" of pending budget cuts and tax increases that could take place starting Jan. 2 and tip the economy into recession, many budget watchers are waiting on the outcome of this year's elections to determine how to proceed. One issue up for discussion is the renewal of the inheritance tax (also known as the estate tax).

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Chevron Refinery Fire Highlights Need for Better Risk Management, Safer Chemical Alternatives

In August, a major fire at a Chevron oil refinery in California sent thousands of people to hospitals and forced local residents to hide in their homes with their doors and windows shut. The fire, which sent clouds of black smoke over the San Francisco Bay area, highlights the risks that refineries and chemical plants can pose to local communities and the need for ready access to information that residents can use to protect themselves and their families from chemical disasters.

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