Cause of Action’s James Valvo talks with Lars Larson about our letters to HUD and HHS Inspectors General asking them to investigate whether HHS violated any laws when HUD coordinated with HHS and the White House in implementing the Patient Protection and Affordable Care Act (PPACA).
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Start the clip at 1.24.10:
Cause of Action sent letters to the Inspectors General of the Department of Health and Human Services (HHS) the Department of Housing and Urban Development (HUD) asking them to investigate whether HHS violated any laws when HUD coordinated with HHS and the White House in implementing the Patient Protection and Affordable Care Act (PPACA).
Letter to HHS Inspector General
Letter to HUD Inspector General
Read the embedded letters below:
FOIA request to EPA regarding:
| Agency | Request Date | Final Response | Response Time* | Documents |
|---|---|---|---|---|
| NARA | 11/26/2013 | 12/9/2013 | 8 | No responsive docs |
| NASA | 11/26/2013 | 12/24/2013 | 19 | No responsive docs |
| SBA | 11/26/2013 | 2/21/2014 | 58 | No responsive docs |
| GSA | 11/26/2013 | 1/9/2014 | 30 | |
| Education | 8/9/2013 | 9/3/2013 | 16 | |
| EPA | 7/2/2013 | 9/30/2013 | 62 | |
| DOI** | 8/9/2013 | 11/8/2013 | 53 | |
| USDA | 11/26/2013 | 2/27/2014 | 62 | |
| DOL | 11/26/2013 | 6/27/2014 | 147 | |
| Commerce | 11/26/2013 | 7/25/2014 | 166 | |
| Energy** | 6/26/2013 | 10/27/2014 | 335 | |
| DHS | 11/26/2013 | Response Pending | 238 | |
| DOJ | 11/26/2013 | Response Pending | 238 | |
| DOT | 11/26/2013 | Response Pending | 238 | |
| HUD | 11/26/2013 | Response Pending | 238 | |
| State | 11/26/2013 | Response Pending | 238 | |
| VA | 11/26/2013 | Response Pending | 238 | |
| DOD** | 8/9/2013 | Response Pending | 312 | |
| HHS** | 8/9/2013 | Response Pending | 312 | |
| Treasury (IRS)** | 5/29/2013 | Response Pending | 363 |
*As of November 6, 2014
** Government shutdown ran October 1 through October 16, 2013 (10 business days) which is subtracted from pending days.
March 27, 2014: FOIA Appeal to USDA
April 2, 2014: FOIA Appeal to GSA
In the wake of the DHS FOIA scandal, Senator Grassley and Congressman Issa sent a joint August 25, 2010 letter to 29 Inspectors General, asking them to investigate: (a) whether FOIA requests were given more scrutiny based upon the identity of the requester, and (b) the extent to which political appointees were systematically made aware of the requests and participate in FOIA decision-making. Cause of Action sent FOIA requests to the agencies that had not publicly posted their responses to the inquiry.
| Federal Agency | Request Date | Final Response | Response Time | Link to Report |
|---|---|---|---|---|
| DHS OIG | Publicly posted | Publicly posted | Publicly posted | Report |
| DOE OIG | Publicly posted | Publicly posted | Publicly posted | Report |
| DOT OIG | Publicly posted | Publicly posted | Publicly posted | Report |
| EPA OIG | Publicly posted | Publicly posted | Publicly posted | Report |
| NRC OIG | Publicly posted | Publicly posted | Publicly posted | Report |
| SEC OIG | Publicly posted | Publicly posted | Publicly posted | Report |
| SSA | Publicly posted | Publicly posted | Publicly posted | Report |
| State | Publicly posted | Publicly posted | Publicly posted | Report |
| Treasury IG | Publicly posted | Publicly posted | Publicly posted | Report |
| FHFA | 5/30/2013 | 5/31/2013 | 2 | Report |
| HHS OIG | 5/30/2013 | 6/3/2013 | 3 | Report |
| SBA | 5/30/2013 | 6/6/2013 | 6 | Report |
| DOI OIG | 5/30/2013 | 6/7/2013 | 7 | Report |
| DOL OIG | 7/9/2014 | 7/18/2014 | 7 | Report |
| GSA OIG | 5/30/2013 | 6/12/2013 | 10 | Report |
| OPM OIG | 5/30/2013 | 6/12/2013 | 10 | Report |
| DOC OIG | 5/30/2013 | 6/14/2013 | 12 | Report |
| NASA OIG | 5/30/2013 | 6/14/2013 | 12 | Report |
| FTC | 5/30/2013 | 6/17/2013 | 13 | Report |
| GAO | 5/30/2013 | 6/17/2013 | 13 | Report |
| HUD OIG | 5/30/2013 | 6/21/2013 | 17 | Report |
| VA OIG | 5/30/2013 | 6/24/2013 | 18 | Report |
| DOD OIG | 5/30/2013 | 6/27/2013 | 21 | Report |
| NARA OIG | 5/30/2013 | 7/8/2013 | 28 | Report |
| Education OIG | 5/30/2013 | 7/23/2013 | 39 | Report |
| DOJ | 5/30/2013 | 9/18/2013 | 80 | Report |
| USDA OIG | 5/30/2013 | 9/20/2013 | 82 | Report |
| EAC OIG | 5/30/2013 | 9/30/2013 | 88 | Report |
| CIA OIG | 5/30/2013 | Failed to fulfill request |
Cause of Action sent 20 FOIA requests to federal agencies regarding the White House’s review of FOIA and other document requests. Four federal agencies produced documents that were included in our report released for Sunshine Week 2014. We previously appealed a FOIA to USDA regarding the agency’s improper redactions under attorney-client communications. This appeal concerns the General Services Administration’s response to our FOIA request.
GSA’s production letter stated:
You will note information was redacted from these e-mail communications based on the fifth and sixth exemptions of FOIA, 5 U.S.C. 552(b)(5) and (6). The redactions under the fifth exemption were made to protect attorney-client communications and deliberative process material.
In our appeal, we argue:
Documents:
November 26, 2013 FOIA Request
January 9, 2014 Production Letter and Responsive Documents
Cause of Action FOIA Appeal to GSA re: White House Equities by CauseOfAction
In McCutcheon v. Federal Election Commission, the majority cited Cause of Action’s amicus brief (page 36):
With modern technology, disclosure now offers a particularly effective means of arming the voting public with information. In 1976, the Court observed that Congress could regard disclosure as “only a partial measure.” Buckley, 424 U.S., at 28. That perception was understandable in a world in which information about campaign contributions was filed at FEC offices and was therefore virtually inaccessible to the average member of the public. See Brief for Cause of Action Institute as Amicus Curiae 15-16.
Read the opinion here.
Read our full brief:
Cause of Action’s McCutcheon v. FEC Amicus Brief by CauseOfAction
FOR IMMEDIATE RELEASE CONTACT:
April 1, 2014 Mary Beth Hutchins, 202-400-2721
Cause of Action Sues CPSC for Withholding Documents
What is the Consumer Product Safety Commission Trying to Keep from the Public About Buckyballs?
WASHINGTON – Cause of Action (CoA), a government accountability organization, sued the Consumer Product Safety Commission (CPSC) today for failing to release documents to the public about Craig Zucker, the former CEO of the company that sold Buckyballs. Well past the statutory 20 day deadline, the CPSC has yet to produce any documents in response to a November 12, 2013 Freedom of Information Act (FOIA) request CoA submitted.
“This administration was just pegged with the title the ‘most secretive’ administration in history and the CPSC’s refusal to produce documents is another example of that spirit of secrecy,” said CoA Executive Director Dan Epstein. “Americans have an interest in how federal agencies conduct oversight, and the CPSC’s consistent unresponsiveness to our inquiry is a disservice to the public.”
CoA’s FOIA requested:
Read the complaint here.
About Cause of Action:
Cause of Action is a non-profit, nonpartisan government accountability organization that fights to protect economic opportunity when federal regulations, spending and cronyism threaten it. For more information, visit www.causeofaction.org.
To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Mary Beth Hutchins, 202-400-2721
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