BREAKING: New State Secrets Policy Released

Today, the Justice Department released a pivotal policy statement on the way the Obama administration will govern use of the state secrets privilege.  The new policy will be implemented on Oct. 1.  This is a welcome step toward President Obama’s promise of an unprecedented level of openness and away from the former administration’s “just trust us” approach when using the privilege to withhold evidence in lawsuits against the government.  While it seems highly likely that previous administrations have used the unfettered privilege to avoid embarrassment or corruption charges, the Obama administration has limited its use to national security purposes.

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New State Secrets Policy to be Released as early as Today

A number of news outlets, including The Washington Post and The New York Times, are reporting that as early as today, the Obama administration plans to release a new policy on the state secrets privilege.  The new policy is expected to be implemented on Oct. 1.  According to the reports, there are several measures included that will restrict the executive branch’s ability to claim the privilege.

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Senate Hearing Will Examine Use of Performance Information

Sen. Carper's (D-DE) Homeland Security and Government Affairs Subcommittee on Federal Financial Management, Government Information and International Security is scheduled to hold a hearing this Thursday, Sept. 24, on the use of performance information within federal agency decision-making processes.

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Greenhouse Gas Registry Finalized

The Environmental Protection Agency (EPA) has finalized its mandatory greenhouse gas (GHG) reporting rule. This new rule will require thousands of facilities to monitor and report their annual emissions of several major GHG. The registry should provide much of the detailed, facility-level information needed to develop policies to reduce emissions. Several major changes were made to the proposed rule, mostly in favor of industry. The changes appear to have reduced the amount of facilities covered and the amount of greenhouse gases tracked.

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Intelligence Community Tries & Fails to add Silly Exemption to FOIA

Earlier this month, the Washington Post ran a story about the intelligence community’s efforts to push legislators to amend the Intelligence Authorization Act (S. 1494) to exempt “terrorist identity information (TII)” from the Freedom of Information Act (FOIA).  Currently, this information is marked as Controlled Unclassified Information (CUI) with a stamp that reads “for official use only” but the Office of the Director of National Intelligence (ODNI) made claims that the information could readily be requested under FOIA with little protection.  We have proof that these claims were ridiculous.

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OMB Watch Appeals Recovery Act FOIA Decision

Back when the Recovery Board released the Recovery.gov redesign contract, many in the transparency community were upset at the extent to which the General Services Administration redacted the contract. While we certainly expected General Services Administration (GSA) - the agency which conducts most of the federal government's procurement - to redact proprietary information, the document had massive swaths blacked out, including such ridiculous sections as the number of peak users and one part titled "Introduction."

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House Considers Scrapping Virtual Border Fence

The Government Accountability Office (GAO) released a new report yesterday before a House Homeland Security Subcommittee hearing on the embattled Secure Border Initiative (SBI) program - a multi-billion dollar program designed to secure the U.S. borders. A subset of that program, called SBInet is supposed to be building a fancy, virtual fence along the U.S. southern border. The program, begun during the Bush administration, has consistently been behind schedule and over budget - and that's when the new technologies have worked at all. And now it looks like Congress may want to cancel the program altogether.

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Two Conferences on Debt, One Proclaims Debt Good, the Other Declares Debt Bad

The New America Foundation

I should mention that the first conference – sponsored by the New America Foundation on Tuesday – discussed the merits of short-term deficit spending in the midst of a recession, while the second academic panel – held yesterday and sponsored by the Peterson-Pew Commission on Budget Reform – discussed the mountainous mid- to long-term debt anticipated with the looming entitlement crisis. The distinction is important, yet often lost in discussions of deficits and debt.

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EPA Asking the Public to Help Set Enforcement Priorities

The Environmental Protection Agency (EPA) is collecting ideas from the public on what its enforcement and compliance priorities should be for the next three years (the 2011-2013 fiscal years). These priorities address the most pressing environmental problems and are accompanied by strategies to tackle the problems. The public may comment on an online forum on the EPA's blog until Sept. 30.

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Presidential Records Act Enters the 21st Century with Social Media

Earlier today, the Washington Times ran an article that appeared critical of the Obama administration under the overly dramatic title “[White House] Collects web users’ data without notice.”  This White House effort is, however, unsurprising and mandated by law – the Presidential Records Act.  However, with the new age of government engaging citizens on Facebook, Twitter, and other Web 2.0  social tools the task of archiving electronic presidential communications is more complicated and requires the application of modern archival standards.

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