Commentary: Earmark Ban's Potential Impacts Unclear

Earmarks took center stage during the week of Nov. 15 when congressional Republicans pledged to "ban" the controversial appropriations tool in a bid to answer the supposed call of midterm voters to reform Washington. Long used by members of Congress to guide federal spending toward certain projects, earmarks can be seen by the public as a form of corruption. While proponents of the ban argue that eliminating earmarks is good for both transparency and the budget, critics of the ban argue this is not necessarily the case.

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Food Safety Bill Starts, Stalls in First Week of Lame-Duck Session

The U.S. Senate, hampered by politics and process, recently failed yet again to pass food safety reform legislation. The Senate is in the process of considering both related and unrelated amendments to the bill during the lame-duck session.

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Whither Transparency in the Next Congress?

When the 112th Congress convenes in January, attention will be focused on the newly Republican-controlled House. On transparency issues, House Republican leaders have sounded positive tones. However, it remains to be seen whether bipartisan consensus on meaningful transparency can be achieved or whether transparency will be wielded as a partisan weapon.

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Millions Face Loss of Unemployment Insurance

On Nov. 18, the House failed to pass a three-month extension of unemployment insurance (UI), putting the benefits of nearly 2 million Americans in jeopardy. With funds for federal benefits set to expire Nov. 30, the failure to enact an extension sets up a post-Thanksgiving battle between UI extension advocates and deficit hawks. Complicating matters, the debate over extending the Bush tax cuts will likely encroach upon the UI benefits extension dispute, increasing the likelihood that many citizens will be cut off from help as the holiday season begins.

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Advocates Meet to Invigorate Environmental Right-to-Know Policies

Nearly 100 public interest advocates from around the country recently convened in Washington, DC, to build an agenda for improving the public's right to know about environmental and public health threats. Advocates for public health, safety, and the environment met to develop federal policy proposals that would enhance government engagement with communities and improve access to information crucial to protecting the public. The emerging agenda seeks to capitalize on recent openness initiatives by the federal government and the Obama administration's efforts to improve government transparency, participation, and collaboration.

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E-rulemaking Legislation Seeks Greater Transparency and Participation

On Nov. 17, Sens. Joseph Lieberman (I-CT) and Susan Collins (R-ME) introduced a bill that would expand public participation and transparency in the rulemaking process by improving aspects of the current electronic rulemaking (e-rulemaking) system. The bill would enhance technical aspects of the current federal system, encourage agency experimentation, and allow the public to track rules and better contribute to agency decisions.

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Lack of Plan for EPA Libraries Threatens Access to Environmental Information

After more than three years of development, the U.S. Environmental Protection Agency (EPA) has yet to complete a strategic plan for its library network or to inventory the network’s holdings, according to the Government Accountability Office (GAO). The Bush administration controversially moved to close several agency libraries, but opposition from Congress and the public pushed EPA to reverse course and reopen the libraries. However, the GAO report makes clear that additional steps are needed to ensure the library network's valuable holdings are genuinely accessible to the public.

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New Executive Order Reforms Controlled Unclassified Information

On Nov. 4, President Obama signed a new executive order on controlled unclassified information (CUI), reforming the system of safeguarding information that is not classified but is still considered "sensitive." Previous practices for handling CUI stymied public access and inhibited information sharing inside government. The new order has been praised by numerous government openness advocates.

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All Eyes on Regulation in Post-Election Environment

Facing a Republican majority in the House and a slimmer Democratic majority in the Senate, President Obama and administrative agencies may increasingly turn toward regulation to accomplish policy goals. In contrast, new lawmakers and congressional leaders vow to use their power to roll back regulations, cut spending, and shrink the size of government.

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In Lame-Duck Session, Emboldened Republicans Face Tough Fiscal Choices

While the 2010 midterm elections swept in a significant Republican majority in the House and a larger Republican minority in the Senate, Congress will face a great deal of important fiscal legislation that it must address before the newly elected members begin their terms in 2011. With annual appropriations bills and the expiration of the Bush tax cuts pending in the upcoming lame-duck session, the focus will be on the Republican minority in the Senate and whether it decides to block key legislation or work with Democrats to address unfinished business.

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