Center for Effective Government | Because government matters

Public Meeting for National Infrastructure Advisory Council

The Department of Homeland Security (DHS) announced in the Federal Register that the National Infrastructure Advisory Council (NIAC) will hold a public meeting on the security of information systems for critical infrastructure on Tuesday, July 22, 2002. The Council advises the President on issues around security of information systems relating to the critical infrastructure supporting sectors of the economy including banking, finance, transportation, energy, manufacturing, and emergency government services.

FOIA Officers Meet Over News of Secrecy

The principal administrative Freedom of Information Act (FOIA) officers gathered on June 25th for a conference on the relationship between homeland security matters and FOIA. Homeland security matters have been among the leading rationales used for recent broad restrictions in public access to government information.

EPA Releases Public Involvement Policy

Christie Whitman issued a new “Public Involvement Policy” on June 6, 2003, right before her departure as Environmental Protection (EPA) Administrator. The policy establishes what public participation is, why it is important, and how it will benefit the agency. Essentially, the public involvement policy is an information policy because the public involvement that EPA is seeking is the collection and inclusion of information in the form of feedback, opinions, and concerns from the public.

2001 TRI Data Finally Arrives

The Environmental Protection Agency (EPA) is releasing the 2001 Toxic Release Inventory (TRI) today, June 30th, just one day shy of the July 1st reporting deadline for 2002 data. As part of the unveiling, EPA will also release their analysis of the latest TRI data and conduct various briefings for the press, congressional offices, environmental community and industry representatives. In addition to being the latest public release of TRI data the 2001 TRI also marks the first year that releases of lead will be reported and potentially the last year that mining companies report their toxic releases.

Grassley Re-Engages on Whistleblower Issues

Sen. Charles Grassley (R-IA) has recently become more active on the issue of whistleblower protection, investigating a specific whistleblower case and co-sponsoring legislation. Given the Bush administration’s continuing use of secrecy and information restrictions as its primary response to security concerns, the leadership of a key Republican Senator on the issue of disclosing information for the public benefit is particularly welcome and helpful.

House Companion "Restore FOIA" Bill Introduced

On June 19th, Rep. Barney Frank (D-MA) introduced the Restoration of Freedom of Information Act of 2003 (H.R. 2526) or “Restore FOIA” in an attempt to address the recent problems of information access. Sen. Patrick Leahy (D-VT) introduced the Senate companion bill (S. 609) in March. The bill amends the Homeland Security Act of 2002 (Public Law 107-296) and provides for the protection of voluntarily furnished confidential information.

DHS Internal Investigation Shows No Misuse of Resources

Last week, an internal Department of Homeland Security (DHS) investigation cleared the department of any wrongdoing when it used federal resources to track down Texas Democratic state legislators in a partisan battle last month. As reported in a June 2 Watcher article, the Democrats fled the state in order to avoid quorum for hearings on redistricting. The department’s Air & Marine Interdiction Coordination Center (AMICC) was called in order to track down a private plane belonging to one of the lawmakers.

Supreme Court Refuses to Resolve Deportation Secrecy

On May 27, 2003 the Supreme Court refused to hear a case challenging the blanket secrecy of deportation hearings held for hundreds of foreigners detained after the September 11th attacks. The government ordered all immigration hearings closed for foreigners that were deemed "special interest" because of possible terrorist connections. This policy was challenged in two different circuit courts with two different rulings.

Justice Order Gags Whistleblowers

The Justice Department issued a directive on March 27th tightening their oversight of employee contact with Congress. Employees are directed to inform the Office of Legislative Affairs "ahead of time and as soon as possible - of all potential briefings on Capitol Hill and significant, substantive conversations with staff and members on Capitol Hill." This requirement would include phone calls. The office would clear Congressional contacts and liaison officials would accompany employees to briefings.

Supreme Court Vacates and Remands FOIA Case

The Supreme Court was scheduled to hear oral arguments early last month in the first Freedom of Information Act (FOIA) case (United States Department of Justice v. City of Chicago) to reach the Supreme Court in years. However, just days before the March 4 oral argument the Supreme Court cancelled the hearing, removed the case from its docket, and ordered the lower court's judgment vacated. This is the second time in recent years that a last minute development has removed a FOIA case from the Supreme Court's docket.

Chemical Security Re-Emerges in Senate

During the last session of Congress, Sen. Jon Corzine (D-NJ) made a tremendous effort to move a Chemical Security Bill that would require chemical plants to assess their vulnerabilities and take steps to reduce the risk they pose to surrounding communities. Unfortunately, due largely to efforts by the chemical industry to oppose the bill, Corzine’s bill was blocked from ever being considered by the full Senate.

Model State Bills for Data Quality and Access

Apparently initial efforts have begun to develop data quality and data access legislation at the state level. OMB Watch has obtained model legislation for both bills that was reportedly drafted by the The Center for Regulatory Effectiveness (CRE), a strong supporter of both policy efforts at the federal level. Both state level model bills are clearly patterned after federal policies. The state data quality bill borrows heavily from the just recently completed Federal Data Quality Guidelines.

Administration Denies Documents to Senate

Recently the Bush Administration asserted that numerous documents about changes in the Strategic Petroleum Reserve (SPR) fill policy being requested by the Senate Permanent Investigations Subcommittee would be withheld citing "deliberative process privilege."

FERC's Final CEII Rule

On March 3, 2003, the Federal Energy Regulatory Commission (FERC) published in the Federal Register its final rule restricting access to critical energy infrastructure information (CEII) and establishing new procedures outside of the Freedom of Information Act (FOIA) for requesting access. FERC began this process in response to the terrorist acts committed on September 11, 2001, and published its Notice of Proposed Rulemaking on September 13, 2002, to obtain public comments.

Data Quality Cases and Decisions Begin to Mount

As the first challenges under the Data Quality Act are being decided and appeals are being considered, new industry challenges are being filed: recently two data quality challenges to the Environmental Protection Agency (EPA) have been decided at least in part; and two new challenges have been filed, one also with the EPA and another with the National Highway Traffic Safety Administration (NHSTA). Data Quality Challenges Answered Atrazine

Patriot Act II Also Limits the Public's Right-to-Know

(Revised February 13, 2003) The U.S. Department of Justice appears ready to ask Congress to allow broader surveillance of citizens and aliens and to grant wide new avenues for government censorship. A "confidential" draft of an 86-page bill called the Domestic Security Enhancement Act of 2003 would help transform the government into the big brother you never had and would greatly constrain the free flow of information.

CRS Resolution Would Make Congressional Reports Available to the Public

Sens. John McCain (R-AZ) and Patrick Leahy (D-VT) are preparing to introduce a resolution to make Congressional Research Service (CRS) reports and products publicly available on the Internet. The CRS is a research arm of the U.S. Congress, which authors numerous reports and products on issues ranging from the environment to budget.

Supreme Court to Hear Freedom of Information Case

Department of the Treasury v. City of Chicago, which likely will be heard by the Supreme Court next month, has the potential to significantly narrow the application of the Freedom of Information Act (FOIA). Any time a case involving FOIA comes before the Supreme Court it is a cause of concern for public access advocates since any Supreme Court ruling introduces a binding precedent throughout the legal system.

GAO Study on Electronic Government

On November 22, the Government Accounting Office (GAO) published a report entitled “Electronic Government: Selection and Implementation of the Office of Management and Budget's 24 Initiatives.” Expanding electronic government (e-government), using technology, particularly the Internet, to enhance the public’s access to government information and services, is a key element of the President’s Management Agenda to reform the federal government.

Secrecy Sought by Government in Campaign Finance Reform Case

A special three-judge district court, which heard arguments earlier this month, is expected to rule sometime in January on the constitutionality of the Bipartisan Campaign Reform Act of 2002 (BCRA). The court ordered that all documents in this controversial case be made public, unless there were specific objections. Since then, the court has heard from more than two-dozen organizations and individuals asking that their information be kept secret.

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