Supreme Court Hears Charities' First Amendment Challenge to Patriot Act

On Feb. 23, the U.S. Supreme Court heard arguments in Humanitarian Law Project v. Holder, a case challenging parts of the USA PATRIOT Act (Patriot Act). The Humanitarian Law Project (HLP) and other charities allege that sections of the law violate the First Amendment.

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Leaders and Laggards in Agency Open Government Webpages

Complying with requirements of the Open Government Directive (OGD), federal agencies launched transparency pages on their websites Feb. 6. The content and functionality of the pages varied from non-compliant to barely compliant to above and beyond expectations. OMB Watch conducted an assessment of the webpages between Feb. 15 and 22, based on factors that make for sound accountability and transparency.

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SEC Guidance Addresses Disclosure of Climate Change Impacts

The Securities and Exchange Commission (SEC) took a significant step last month toward expanding the scope and quality of corporate disclosures as they pertain to the environment. On Jan. 27, the SEC voted to provide guidance "clarify[ing] what publicly-traded companies need to disclose to investors in terms of climate-related 'material' effects on business operations, whether from new emissions management policies, the physical impacts of changing weather or business opportunities associated with the growing clean energy economy."

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Public Speaks on Ideas to Open Up Environmental Agencies

Agencies, including those dealing with environmental and public health issues, are seeking ideas on how to improve transparency, public participation, collaboration, and innovation, and the agencies are receiving numerous suggestions. The challenge for individual agencies is to shape the diverse ideas into the strategies and goals that will comprise their Open Government Plans.

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President Obama's Progressive Tax Initiatives

When President Obama rolled out his Fiscal Year 2011 budget in early February, many focused attention on the potential negative effects of the administration's proposed three-year freeze on non-security discretionary spending. Moreover, the possible effects of the president’s hawkish rhetoric toward the federal budget deficit dismayed those in the progressive community who are concerned with social equity. However, a detailed examination of the tax section of the president's budget reveals several progressive proposals designed to aid in the fight against poverty and bolster the middle class.

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Patchwork Improvements Continue for E-Rulemaking

Several federal government websites have recently incorporated changes that better highlight regulatory issues and expand online access to rulemaking information. However, the changes appear independent of one another, not parts of a conscious effort by the Obama administration to transform the government's beleaguered e-rulemaking systems.

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FDA Announces New Approach to Inspections of Imported Products

On Feb. 4, the Food and Drug Administration (FDA) announced a new approach to regulating imported products – including food and medical devices – to enhance the agency's ability to respond to the increased globalization of commerce. The new risk-based approach to inspections and product tracking will be in place nationally in 2010.

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Commentary: Celebrating One of the Recovery Act's Legacies: Transparency

Feb. 17 marked the one-year anniversary of the American Recovery and Reinvestment Act, commonly called the Recovery Act. Both political parties celebrated the occasion with partisan attacks. Democrats heralded the act as having saved the nation's economy, while Republicans savaged it for being an expensive government program with little to show by way of jobs. While the two parties can argue over how effective the act actually has been, both can agree on one thing: the lasting legacy of the Recovery Act’s transparency provisions.

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Citizens United: Additional Legislative Responses

Multiple legislative responses have followed the U.S. Supreme Court's ruling in Citizens United v. Federal Election Commission, a decision that permits independent election spending by corporations, including certain nonprofit organizations. Following three rigorous congressional hearings, lawmakers have expressed a sense of urgency and the intent to continue working on legislation to curtail the impacts of the ruling, even as some critics charge that reaction to the decision is inflated.

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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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