Blog Posts and Analysis / Open, Accountable Government

Department of Homeland Security Finalizes Chemical Security Program

On April 2, the Department of Homeland Security (DHS) finalized interim chemical security regulations. The final regulations are an improvement over the proposed regulations issued in December 2006, but many weaknesses remain. In particular, DHS modified its broad interpretation of a provision regarding state preemption but did not adequately establish that states can develop rules stronger than the federal ones. The final rules do little to allay concerns regarding the lack of public accountability and access to information or the failure to require consideration of inherently safer technologies by facilities reporting to DHS.

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CEQ Guidance Adds Needed Details to Bush Executive Order

On March 29, President George W. Bush's Council on Environmental Quality (CEQ) released guidance to agencies that explains in greater detail how to implement the president's recent environmental order. On Jan. 24, Bush issued Executive Order (E.O.) 13423, Strengthening Federal Environmental, Energy and Transportation Management. The order replaced five detailed environmental orders, issued by President Bill Clinton, with vaguer, less aggressive provisions that broaden agency exemptions and consolidate power in executive offices.

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Open Government Legislation the Focus of Sunshine Week

Sunshine Week is an annual effort by the media, civic groups, libraries, universities, legislators and others to highlight the importance of open government. During this year's Sunshine Week (March 11-17), many legislative proposals to increase government oversight and transparency moved forward in Congress. The bills address contractor responsibility, environmental information, Freedom of Information Act reform, whistleblower protections, and other important aspects of an open and accountable government. Contractor Responsibility

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Journalist Audit Underscores Lack of Transparency

An audit by journalist groups found that public access to Comprehensive Emergency Response Plans (CERP), as required by law, was inconsistent and unreliable around the country. Only 44 percent of the requests for the CERP were granted in full, whereas 20 percent were partially released and 36 percent were completely denied.

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Report Finds Underreporting and Abuse of USA PATRIOT Act Powers

The Office of the Inspector General (OIG) at the Department of Justice (DOJ) reported on March 9 that the Federal Bureau of Investigation (FBI) has been systematically underreporting National Security Letter (NSL) requests and has repeatedly violated federal law and agency policies in collecting personal information. The report unleashed a firestorm on the Hill, with calls for reform of the USA PATRIOT Act.

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EPA Looking at Labs

The U.S. Environmental Protection Agency (EPA) has begun a review of its laboratory network that may result in significant closures, according to some early agency plans. In response to budget cuts, EPA intends to reduce costs at least 20 percent by 2011. According to EPA officials in a phone briefing on March 15, the review is to assess the efficacy of the lab network, eliminate duplicative programs or efforts, and increase overall efficiency.

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Whistleblower Protection Begins to Move in Congress

On Feb. 14, the House Oversight and Government Reform Committee marked up and unanimously approved the Whistleblower Protection Enhancement Act (H.R. 985), a bill that would extend whistleblower protections to more federal employees and require officials to more vigorously investigate retaliation. Whistleblower protection legislation has also been introduced in the Senate.

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