Federal Agencies Knew of Diacetyl Dangers and Kept Silent

Federal regulatory agencies have known for years the dangers that diacetyl exposure creates among workers in factories where bags of microwave popcorn are tested. The only agency to have taken any action, the U.S. Environmental Protection Agency (EPA), has kept its study of the chemical's impact on consumers secret except for sharing it with the popcorn industry. Now the first case of potential consumer illness from exposure to diacetyl has been documented.

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Bush's Anti-Regulatory Ideology under Increasing Scrutiny

The public and the media are paying more attention to and showing increasing frustration with the anti-regulatory ideology of President George W. Bush. A new report by the Center for American Progress traces several recent failures of the federal government to the anti-government views of Bush and senior administration officials. Separately, increasing concern over the federal product safety net is causing many to question Bush's seriousness about using government resources to protect American consumers.

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FOIA Performance Goes from Bad to Worst

The Coalition of Journalists for Open Government's (CJOG) analysis of government's implementation of the Freedom of Information Act (FOIA) indicates record-setting FOIA problems despite a positive June report on FOIA from the Justice Department. These problems come to light as a legislative effort to reform FOIA has passed both the House and Senate and may soon become law.

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EPA Overlooking Testing and Regulations of Nanochemicals

As the nanotechnology sector expands, the U.S. Environmental Protection Agency (EPA) has not kept pace with oversight controls. Despite work to develop research strategies and priorities, the agency has not proposed any actual regulatory program for nanotech materials.

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State Secrets Privilege on Trial

The Ninth Circuit U.S. Court of Appeals heard arguments on Aug. 15 regarding the administration's claims that two lawsuits involving the National Security Agency's spying program cannot move forward because of the state secrets privilege. The administration argues that the cases involve secret matters essential to protecting national security.

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Agencies Extend Legal Services Restriction to HIV/AIDS Grants

In an apparent attempt to derail a constitutional challenge to a requirement that all grantees in an HIV/AIDS prevention program adopt formal policies against sex trafficking, the United States Agency for International Development (USAID) and the Department of Health and Human Services (HHS) have issued guidelines for grantees that allow affiliations with groups that do not adopt such pledges. The guidelines, issued July 23, are even more restrictive than similar requirements for legal services programs that are also the subject of a constitutional challenge. They require separate "management and governance" and complete physical separation "between an affiliate which expresses views on prostitution and sex-trafficking contrary to the government's message…" and the grantee. Four leaders in the House have written to USAID urging it to adopt the less restrictive standards that allow faith-based organizations to keep religious and government funded activity separate in time and place without the need for a separate affiliate. Although the guidance is already effective, HHS intends to publish the rule for public comment.

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The Year in Fiscal Policy...So Far

After the elections in November 2006, with a new majority and low public confidence in Congress following multiple lobbying and ethics scandals, members vowed to restore integrity and responsibility to the legislative process, particularly in fiscal policy. Congress pledged it would prioritize funding for domestic needs and abide by pay-as-you-go rules for new mandatory spending and taxes. It would shed light on the earmarking process and spend more time minding the people's business in Washington.

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Carried Interest Issue Gathering Momentum in Congress

Congress's tax-writing committees have focused increasing attention this summer on a hitherto little-noticed tax preference enjoyed by private equity and other fund managers that allows them to pay capital gains rates (15 percent) on "carried interest" income they are paid to manage investment funds they do not own. This is significantly lower than the income tax rate that would otherwise be assessed, which could be as high as 35 percent. As Congress moves to take action to close this loophole, nonprofit advocacy groups are mobilizing to support a fix to this unfair aspect of the tax code.

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Panel Debates Pros and Cons of Allowing Charities to Become Partisan

On Aug. 9, the Hudson Institute's Bradley Center for Philanthropy and Civic Renewal hosted a forum titled "Should Nonprofit Organizations Play an Active Role in Election Campaigns?". The debate was inspired by separate opinion pieces in The Chronicle of Philanthropy, one by Robert Egger of the DC Central Kitchen, titled "Charities Must Challenge Politicians," and one by Pablo Eisenberg of Georgetown University, titled "Charities Should Remain Nonpolitical".

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New Report Examines Agency Review of Regulations

The Government Accountability Office (GAO) has released a new report on the process by which federal regulatory agencies review regulations after they take effect. Agencies conduct reviews to comply with existing law, as a matter of agency policy, and in response to White House requests. The report finds the quality of reviews varies widely and determines the major barriers to more useful reviews are gaps in available data and problems with public participation.

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