White House Issues Guidance on E-rulemaking and Paperwork Practices

On May 28, the Office of Information and Regulatory Affairs (OIRA) issued two memoranda to federal agencies that impact key features of the regulatory process. The memos direct agencies to change practices related to electronic rulemaking dockets and to paperwork clearances that agencies request when collecting information from the public.

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Obama Administration Starts Reforms at MMS

In the wake of the worst oil spill disaster in the country's history, the Obama administration has begun to restructure the federal agency charged with the development of energy resources and oversight of the oil and gas industry. Critics argue the changes do not go far enough.

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As EPA Takes Action, Trade Secrets Continue Threatening Health and Safety

Unified Agenda The U.S. Environmental Protection Agency (EPA) has taken a significant step toward making more chemical health and safety information available to the public even as trade secrets claims continue to conceal such information elsewhere. A new EPA policy will reject most industry claims that chemical identities included in health and safety studies are trade secrets. Meanwhile, the oil and gas industry continues to use trade secrets privileges to thwart attempts to disclose chemical information related to the BP oil spill and controversial natural gas drilling operations.

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EPA is First Agency Heard on Spending Data Quality

On May 18, the U.S. Environmental Protection Agency (EPA) became the first agency to release its plan to ensure that federal spending information from the agency is current and of high quality. While the plan details the agency’s current quality procedures, it seems lacking in several areas. Data quality plans for federal spending information were mandated by the Open Government Directive (OGD), but most have not been made public.

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How Would Enhanced Rescission Authority Affect the Budget Process?

The Obama administration recently caused considerable controversy when it sent a proposal to Capitol Hill on May 24 asking for enhanced authority to cut spending already approved by Congress. Fiscal hawks like Rep. Paul Ryan (R-WI) hailed the president’s proposal for "enhanced rescission authority" as "an important tool to target wasteful spending," while congressional appropriators from both parties argued that the proposal would give the president too much power over the spending process. Questions remain about the proposal's potential effects on deficit reduction.

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Citizens United Decision Spurs State Campaign Finance Legislation

State legislators across the nation are introducing campaign finance legislation to mitigate the impact of the Citizens United v. Federal Election Commission decision, in which the U.S. Supreme Court ruled that corporations and unions may now directly and expressly advocate for the election or defeat of candidates for federal office.

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Commentary: Changes to Coal Ash Proposal Place Utility's Concerns above Public Health

An internal administration document shows the U.S. Environmental Protection Agency (EPA) may have weakened a proposal to regulate toxic coal ash at the behest of the Tennessee Valley Authority (TVA), owner of a Kingston, TN, power plant where a dam break spilled 5.4 million cubic yards of coal ash in 2008.

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Nonprofits Tell Subcommittee about Impact of Ineffective Counterterrorism Rules

On May 26, representatives from the nonprofit sector testified before a subcommittee of the House Financial Services Committee to address how anti-terrorist financing laws impact charities. The hearing marked the first time an oversight panel has considered how the Department of the Treasury's policies impact charitable groups and was a major step in bringing attention to the largely ignored challenges facing charities and foundations since the Sept. 11, 2001, terrorist attacks.

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GAO: Recovery Act Reporting Getting Better, But Still Room for Improvement

When Congress passed the American Recovery and Reinvestment Act (Recovery Act) in early 2009, the legislation's transparency provisions represented a significant step forward for government openness. While select agencies and programs have been using recipient reporting for years, the Recovery Act represented the first time such reporting had been attempted across all agencies at once and presented to the public online. Thus, bumps in the road toward transparency and accountability, including data quality problems, were inevitable. A new Government Accountability Office (GAO) report shows that while there are fewer reporting errors as time passes, there is still room for improvement in both data quality and implementation details.

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Public Online Information Act Introduced in Senate

On May 6, Sen. John Tester (D-MT) introduced the Public Online Information Act (POIA) (S. 3321) to require the federal government to post currently available public information on the Internet. Although this legislation would increase the amount of federal information that is posted online, some open government groups have concerns regarding certain provisions in the bill.

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