MSHA Provides Test of Obama's FOIA Policies

Despite the Obama administration's consistent theme of creating a new, more open government, the Mine Safety and Health Administration (MSHA) has yet to prove it will comply with the administration's Freedom of Information Act (FOIA) policies. In its response to a 2008 FOIA request, MSHA refused to release information that has been consistently released in the past. An appeal of that response provides a test of the administration's approach to implementing its openness policies.

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EPA Regains Control of Toxic Chemical Studies

The U.S. Environmental Protection Agency (EPA) is changing the way it studies the health effects of industrial chemicals in an attempt to quicken the pace at which new assessments are completed and to limit political interference in the scientific process.

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Administration Orders Interagency Review of Classification and CUI

On May 27, the Obama administration released a memorandum requiring reviews of overclassification and the current Controlled Unclassified Information (CUI)/Sensitive but Unclassified (SBU) process. The memorandum establishes separate 90-day interagency review processes to advise the administration on actions it should take to advance previous efforts to reform problems associated with these issues.

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Administration Seeks Public Input on Open Government

Starting May 21, the Obama administration began to make good on the president's goal of "work[ing] together to ensure the public trust and establish a system of transparency, public participation, and collaboration," as expressed in his Jan. 21 memorandum on transparency and open government.

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USAspending.gov Adds Recovery Act Spending Data Months before Recovery.gov

In late May, USAspending.gov started posting data that identified grants and contracts given out under the Recovery Act. This is in addition to the regular data on government spending on the site. Up until now, there has been a disappointing lack of specific data made available about Recovery Act spending, particularly on the Recovery.gov website – the main vehicle created for information on implementation of the act.

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Tax-exempt Organizations’ Involvement in Hot-Button Issues Spurs IRS Complaints

The recent involvement of tax-exempt organizations in hot-button political issues has caused watchdog groups to question if the organizations are engaging in prohibited campaign intervention. The tax code prohibits certain organizations, including charities and churches, from intervening in any political campaign on behalf of, or in opposition to, any candidate for public office. The involvement of these organizations in political causes reflects the nonprofit sector’s valuable interest in social issues and public affairs. However, that interest is hampered by the uncertainty of what is allowed in many election-related activities.

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Report, Comments Reveal Need for Regulatory Clarity at IRS

Every year, the Department of the Treasury and the Internal Revenue Service (IRS) request public comments on recommendations for their Guidance Priority List to identify tax issues that should be addressed through regulations, revenue rulings, revenue procedures, notices, and other guidance for the year. OMB Watch recently submitted comments that urge the IRS to prioritize the creation of a bright-line definition of prohibited political activity for tax-exempt charities and religious organizations. Such clarity is particularly important given recent findings that IRS agents have not properly differentiated between permissible advocacy and activities that are considered partisan election intervention.

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EPA Plans to Listen to Scientists Again

The U.S. Environmental Protection Agency (EPA) recently announced it will increase the influence of scientists and the level of transparency in setting standards for common air pollutants, a reversal of a Bush administration policy that politicized scientific analyses. Clean air advocates are welcoming the policy reversal as a restoration of the role of science in crafting policies that impact environmental and public health.

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Disclosure of Recovery Act Lobbying Far from Comprehensive

President Barack Obama's March 20 memo restricts communications between federally registered lobbyists and executive branch employees on use of Recovery Act funds and requires disclosure of written communications. A closer examination of the summaries of lobbyist contacts with federal agencies shows that there are few online postings of those communications; some agencies have not posted any contacts at all. According to a review of the 29 agencies receiving stimulus money, only 110 contacts had been disclosed as of May 18.

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Congress Attempts to Restore Teeth to Whistleblower Protections

On May 14, the House Committee on Oversight and Government Reform held a hearing on H.R. 1507, the Whistleblower Protection Enhancement Act of 2009. The bill is Congress’ most recent attempt to reform whistleblower protections after failing to pass substantively similar bills in the previous two sessions and abandoning a bipartisan whistleblower amendment to the American Recovery and Reinvestment Act.

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