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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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.
The U.S. Department of Agriculture (USDA) received our FOIA request on November 26, 2013 and sent us a response letter on February 26, 2014. The documents produced by USDA used heavy (b)(5) redactions to the point where no substantive information was included (email subject headings were also redacted). Compared to 3 other agencies that produced documents, USDA’s was the only agency that failed to provide any substantive information. In USDA’s response letter, it stated it made the redactions pursuant to the attorney-client privilege.
One such privilege is the attorney-client privilege, which protects confidential communications between an attorney and client relating to a legal matter for which the client has sought professional advice. This privilege also encompasses any opinions the attorney gives to the client based upon those facts, as well as communications between attorneys that reflect client-supplied information. We have withheld information from the responsive records, including confidential communications between OGC and the Office of the White House Counsel, internal, confidential communications between OGC attorneys and client agencies, and other records reflecting the advice of counsel with regard to legal matters.
As we note in our appeal:
The privilege properly applies only to communications created in the context of an actual attorney-client relationship, and not simply whenever an agency communicates with another entity composed of lawyers. Indeed, the privilege “must be ‘strictly confined within the narrowest possible limits consistent with the logic of its principle.”‘ Quite simply, the White House Counsel’s Office does not provide legal services to USDA (or to other agencies), but rather provides legal assistance to the President and the White House staff in their official capacities. USDA has not identified any facts or cited any legal authority that suggests that an attorney-client relationship exists between the agency and the White House Counsel’s Office. (emphasis added)
Documents:
November 26, 2013 FOIA Request
February 26, 2014 USDA Production Letter
March 25, 2014 USDA Appeal WH Equities by CauseOfAction
February 27, 2014 USDA Production WH Equities by CauseOfAction