Critical Infrastructure Information Docket

The Department of Homeland Security (DHS) recently finished receiving public comments on its proposed rule for the handling of Critical Infrastructure Information (CII). While the June 16th deadline for comments was over a month ago, DHS is still not providing access to the public comments it received, nor has the agency announced any plans to do so.

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Feedback Meeting on ECHO

On July 8th Environmental Protection Agency (EPA) officials from the Office of Enforcement and Compliance Assurance (OECA) met with various environmental and public interest groups to hear feedback on the Enforcement and Compliance History Online (ECHO) project. JP Suarez, the Assistant Administrator for Enforcement and Compliance Assurance, chaired the meeting.

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EPA Refuses to Release RMP Data

The Environmental Protection Agency (EPA) has denied OMB Watch’s request under the Freedom of Information Act (FOIA) for Executive Summaries of the Risk Management Plans (RMPs). This marks the first instance, of which OMB Watch is aware, that EPA has denied a request for information specifically collected to inform the public about homeland security risks they face.

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Another Court Denies Secrecy of Cheney Files

In a 2-1 ruling last Tuesday, a federal appeals court rejected Vice President Dick Cheney’s request to keep documents about his energy task force secret. The decision upholds a lower court ruling that ordered the limited release of documents in a discovery process. Justice Department lawyers defending Cheney then approached the D.C. Court of Appeals to halt that order. The Court of Appeals agreed with the lower courts ruling, stating that current laws would safeguard genuinely privileged information.

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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.

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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.

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FDA Relaxes Standards for Health Claims on Food Labels

The Food and Drug Administration (FDA) recently announced its intent to relax restrictions on food manufacturers for making claims about the health benefits of products. FDA will allow companies to petition the agency for review of claims about the healthfulness of their products based on preliminary scientific information—a departure from its current practice of approving only those claims supported by conclusive scientific evidence.

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Administration Hides Favorable Data for 'Clear Skies' Alternative

The Bush administration recently attempted to hide an analysis showing that a rival Senate plan would achieve greater public health and environmental benefits than the president’s Clear Skies Initiative, at only a slightly higher cost.

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GAO Finds Oversight of Medicaid Waivers Lacking

The Bush administration, through the use of waivers, has given states flexibility in administering Medicaid, but has failed to adequately oversee these programs, according to a recent report by the Government Accounting Office (GAO). The use of Medicaid waivers, which exempt states from federal regulations and potentially enable them to tailor programs to meet state-specific needs, has grown significantly over the past decade. In particular, states have increasingly sought home and community-based services (HCBS) waivers in order to provide non-institutional long-term care for the elderly.

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FDA Requires Food Labels to List Trans Fatty Acids

The Food and Drug Administration (FDA) recently issued standards requiring labels to list the amount of trans fatty acids in foods -- helping consumers make better-informed decisions about products they eat. Trans fatty acids (or “trans fat”), which have been linked with an increased risk of coronary heart disease, are fats found in foods such as vegetable shortening, snack foods, fried foods, and salad dressings.

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