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Context of 'March 19, 2002 and After: White House Precipitates Sweeping Restrictions on Government Information'

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On his first day in office, President Bush has his chief of staff, Andrew Card, issue directives to every executive department with authority over environmental issues, and orders them to immediately put on hold dozens of regulations passed by the Clinton administration. The Clinton regulations include lowering arsenic levels in drinking water; reducing the release of raw sewage into rivers and streams; setting limits on logging, drilling, and mining on public lands; increasing energy efficiency standards; and banning snowmobiles from Yellowstone and Grand Teton National Parks. [Carter, 2004, pp. 127]

Entity Tags: Andrew Card, Clinton administration, George W. Bush

Timeline Tags: US Environmental Record

NMA logo.NMA logo. [Source: Enumerate (.com)]Jack N. Gerard of the National Mining Association (NMA) meets with Andrew Lundquist, the executive director of the Cheney energy task force (the National Energy Policy Development Group—see May 16, 2001), and other staff members. Gerard wants the Bush administration to give the Energy Department the responsibility for promoting technology that would ease global warming, and more importantly, to keep the issue away from the Environmental Protection Agency (EPA), which could issue regulations on greenhouse gas emissions. Gerard and the NMA want voluntary, not mandatory, regulations. The task force adopts the NMA’s request in its policy. The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released until 2007 (see July 18, 2007). [Washington Post, 7/18/2007]

Entity Tags: Environmental Protection Agency, Andrew Lundquist, Bush administration (43), Jack N. Gerard, National Energy Policy Development Group, US Department of Energy, National Mining Association, Richard (“Dick”) Cheney

Timeline Tags: US Environmental Record

White House chief of staff Andrew Card instructs government agencies to be watchful about safeguarding records that might contain any “information that could be misused to harm the security of our nation and the safety of our people.” Card’s order does not define terms, and agency heads are encouraged to define such cited information as broadly as possible. As a result, many government agencies begin refusing Freedom of Information Act (FOIA) requests under a broadly, and often crudely, applied rubric of “national security.” Card’s order precipitates a cascade of new designations for non-classified information that agencies do not want to release, including “For Official Use Only,” “Sensitive but Unclassified,” “Not for Public Dissemination,” and others. The Congressional Research Service will later estimate that some 50 to 60 new designations are created by various executive agencies to keep information away from the public. In addition, some agencies allow any official or employee, from the agency head to the lowliest clerk, to designate a document as off-limits; all 180,000 employees of the Department of Homeland Security, for example, can designate a document “For Official Use Only” and thus keep it out of public hands. Reporter and author Charlie Savage will write in 2007: “There is no system for tracking who stamped it, for what reason, and how long it should stay secret. There is no process for appealing a secrecy decision.” Websites containing reams of government information are purged and sometimes shut down entirely. Periodic reports containing information that someone deems sensitive, or perhaps merely embarrassing, are terminated. FOIA requests are routinely stalled. Even such innocuous documents as the Defense Department’s personnel directory, formerly available for sale at the Government Printing Office, is now deemed unsafe for public consumption. The Environmental Protection Agency stops publishing chemical plants’ plans for dealing with disasters, perhaps protecting the public from inquisitive terrorists but certainly easing the pressure on the plants to keep their disaster preparation plans current and effective. The Defense Department stops selling topographic charts, used by, among others, airlines for creating flight charts and biologists for mapping species distribution, for “fear” that “those intending harm” might use the charts to plot attacks on US targets. Even old press releases written specifically for public distribution are retroactively classified. [Andrew Card, 3/19/2002; Savage, 2007, pp. 101-103]

Entity Tags: Freedom of Information Act, Bush administration (43), Andrew Card, Charlie Savage, Environmental Protection Agency, Government Printing Office, US Department of Defense, US Department of Homeland Security, Congressional Research Service

Timeline Tags: Civil Liberties

The Director of the Office of Management and Budget informs federal agencies that they can use private contractors instead of the Government Printing Office (GPO). This is supposedly done to save money, but the GPO already sends nearly two-thirds of its work to the private contractor with the lowest bid. Its practical effect is that federal agencies will be able to edit and delete embarrassing passages from their documents. [Los Angeles Times, 11/8/2002; San Francisco Chronicle, 11/19/2002] The Los Angeles Times calls the planned switch “a threat to democracy.” [Los Angeles Times, 11/8/2002] In September 2002, Congress orders executive branch agencies to continue to use the GPO for its printing. But the Bush Administration says agencies can ignore the order, claiming Congress doesn’t have power over the matter. [Government Executive, 9/27/2002]

Entity Tags: Bush administration (43), Government Printing Office, Office of Management and Budget

Timeline Tags: Civil Liberties

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