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04/28/2014

Washington Post: Supreme Court to decide if law forbidding destruction of financial records applies to fish

Read the full story: Washington Post

Several legal groups, including the association of criminal defense lawyers, urged the court to take the case. One group, Cause of Action, said the case was about government overreach.

“This law is supposed to protect citizens from the destruction of corporate documents designed to conceal financial crimes,” the group said in a press release. “Yet the government applied the law to Mr. Yates for throwing overboard grouper that were an inch or less too short.”

The case is Yates v. U.S.

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04/28/2014

Cause of Action statement on Supreme Court taking up Yates v. U.S.

Cause of Action, a government accountability group which filed an amicus brief in John L. Yates v. United States, released a statement today on the Supreme Court’s decision to hear the case:

Yates v. U.S. is an opportunity for the Supreme Court to check government over-reach and over-criminalization.  A fisherman who allegedly threw overboard some undersized fish should not be prosecuted and imprisoned under a law written to prevent big corporate executives from shredding documents to cover financial fraud.

Cause of Action looks forward to supporting Mr. Yates.

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04/24/2014

HARDI Settlement with DOE Approved by Court

Heating, Air-Conditioning and Refrigeration Distributors International (HARDI) announced today that the U.S. District Court of Appeals has approved a settlement in the long-running lawsuit regarding Regional Efficiency Standards for residential gas furnaces and central air-conditioners which were finalized by the Department of Energy (DOE) in October 2011.

The court stated, “The direct final rule, 76 Fed. Reg. 37408 (June 27, 2011), and notice of effective date, 76 Fed. Reg. 67037 (Oct. 31, 2011), as they relate to energy conservation standards for non-weatherized gas furnaces, including but not limited to the Department of Energy’s determination that such furnaces constitute a single class of products for purposes of 42 U.S.C. §§ 6295(q)(1)(B), 6295(o)(4), are hereby vacated and remanded to the Department of Energy for notice and comment rulemaking in accordance with the Energy Policy and Conservation Act.”

You can find the settlement agreement here and the court’s order here.

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04/24/2014

Charles Edwards Under Investigation by CIGIE for Misconduct

Cause of Action, a government accountability group which has investigated former Department of Homeland Security acting Inspector General Charles Edwards, issued the following response to the report released today by the Senate Committee on Homeland Security and Governmental Affairs (HSGAC), Subcommittee on Financial and Contracting Oversight:

In addition to being the subject of Thursday’s report released by the Senate Committee on Homeland Security and Governmental Affairs, Charles Edwards is still under investigation today for allegations of misconduct by the Council of the Inspectors General on Integrity and Efficiency (CIGIE).

Cause of Action’s own two-year investigation into Charles Edwards prompted us to raise concerns to President Obama about the destruction of records and complaints filed about his misconduct that would warrant Edwards’ removal from office and potential criminal liability. We know that the Office of Special Counsel forwarded at least one complaint about Edwards to CIGIE. Additionally, we sued the Department of Homeland Security Office of Inspector General (DHS OIG) for failing to produce documents related to these misconduct complaints under the Freedom of Information Act (FOIA).  This lawsuit could have been avoided, as DHS OIG voluntarily provided such information to HSGAC. This transparency failure is now costing time and resources in court for what could have been a simple compliance with FOIA.

Under federal law, knowingly destroying records with the intent to obstruct an investigation or the proper administration of any department or agency of the United States is punishable by a fine, imprisonment, or both. Accordingly, CIGIE should complete its investigation as expeditiously as possible and refer evidence of criminal conduct to the Department of Justice, especially since Edwards remains employed at DHS in a managerial position.

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04/23/2014

Court Holds That Challenge Brought in Fuel Cell Energy, et al v. Markell, et al Can Continue

FOR IMMEDIATE RELEASE                                                                                                 CONTACT:      

April 23, 2014                                                Mary Beth Hutchins, 202-400-2721

Court Holds That Challenge Brought in Fuel Cell Energy, et al v. Markell, et al Can Continue

WASHINGTON – On April 17, 2014, Magistrate Judge Christopher J. Burke held in Fuel Cell Energy, et al v. Markell, et al that a competitor disadvantaged by the Delaware Public Service Commission’s tariff to Bloom Energy can continue its challenge under the U.S. Constitution, which prohibits state laws that discriminate against out-of-state competition.  The decision affirms that the plaintiff does have standing to claim that Delaware’s 2011 amendments to its Renewable Energy Portfolio Standards Act (REPSA) are unconstitutional. As Judge Burke stated, “Plaintiffs have sufficiently demonstrated the causal connection between the tariff and the competitive disadvantage that FuelCell alleges it will suffer.”   FuelCell is represented by Cause of Action, a nonprofit government accountability group based in Washington, D.C.

The decision can be found here.

Some highlights from the decision include:

  • Page 32: “FuelCell makes sufficient allegations of injury in fact as to another relevant market.  Pursuant to this argument, FuelCell asserts that the 2011 Amendments will cause it significant competitive injury in the “mid-Atlantic area” or on the “East Coast[.]”  That is, when FuelCell complains that, via the 2011 Amendments, Bloom will be “protect[ed]” by “subsidies” affecting future fuel cell transactions, FuelCell is referencing the harm caused by these alleged “subsidies” not only to its future ability to compete with Bloom in Delaware, but also as to energy sales in other mid-Atlantic or East Coast states such as New Jersey, New York and Connecticut.  As noted below, there is record evidence supporting this latter type of claimed future injury.” (internal citations omitted).
  • Page 33: “it is easier to conceive of a business opportunity gained by Bloom in a market as one that comes at the expense of FuelCell (and not one whose outcome is also subject to the action or inaction of numerous other third parties)-so long as there is some indication that the two companies are actually both likely to target that particular relevant market.”
  • Pages 34-35: “FuelCell has, therefore, sufficiently demonstrated injury in fact in this type of East Coast market.”
  • Page 38: “[A] challenged government action (here, the tariff) is said to be subsidizing the future energy production capability of Bloom, FuelCell’s “direct competitor” in a given market.  Similarly, FuelCell alleges that the funds from this tariff will allow a Bloom to increase the amount of that future production (or that absent those funds, it would have generated no such production at all).  The challenged tariff thus is said to “ease” a “competitive  burden” on Bloom, but not FuelCell, in a way that “plainly disadvantages [FuelCell’s] competitive position in the relevant marketplace.” . . . Plaintiffs have sufficiently demonstrated the causal connection between the tariff and the competitive disadvantage that FuelCell alleges it will suffer.”
  • Page 39: “FuelCell argues that “this Court has the authority to void the … tariff[, and Bloom] would thereby lose the unfair infrastructure-related  competitive advantages it enjoys in Delaware[,]” and that “enjoining [the] collection and disbursement of the tariff-subsidy will level the economic playing field vis-a-vis [Bloom] and [FuelCell].”  (D.I. 22 at 12-13)  The Court agrees that FuelCell has sufficiently met its burden as to the “redressability” prong of the analysis.”
  • Page 39, Footnote 21: “FuelCell seeks declaratory and injunctive relief barring future use of (1) the provisions requiring that a QFCP have in-state manufacturing capabilities and (2) the provisions providing for a tariff for a QFCPP.  And it argues, citing to evidence of record, that the “in-state manufacturing requirement and the tariff … [are] inextricably int[er]twined.”  The Court has articulated above how the challenged tariff is sufficiently likely to cause future competitive injury to FuelCell; FuelCell is required to show no more at this stage.“ (internal citations omitted).
  • Page 40: “Having concluded earlier that a sufficient causal connection exists between the tariff and FuelCell’s alleged competitive harm, it follows that this harm is capable of being redressed by the tariff­ related relief that Plaintiffs seek.”

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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04/17/2014

Affordable Care Act Navigator Assistance Grants

Listed by State recipient, direct grantee, and sub-grantee. 

Alabama

  • Ascension Health – $232,406
    • Providence Health
  • AIDS Alabama – $531,080
    • AIDS Action Coalition (AAC)
    • West Alabama AIDS Outreach (WAAO)
    • Unity Wellness Center (UWC)
    • Montgomery AIDS Outreach, Inc. (MAO)
    • Selma AIDS Information and Referrals (AIR)
    • AIDS Alabama South (AALS)
    • The Right Place
  • AIDS Alabama – $531,080
    • Tombigbee Healthcare Authority
    • Health Resources of West Alabama
    • Tuskegee Area Health Education Center (TAHEC), Inc.
    • Health and Wellness Education Center
    • Sowing Seeds of Hope
    • Monroe County Hospital

Alaska

  • United Way Anchorage – $300,00
    • Alaska Native Tribal Health Consortium
  • Alaska Native Tribal Health Consortium – $299,918

Arizona

  • Arizona Association of Community Health Centers – $1,344,096
    • Kids Health Link
    • Nuestra Salud
    • Pima County Access Program (PCAP)
    • Pima County Health Dep’t
    • St. Elizabeth’s of Hungary
    • United Way of Tucson & Southern Arizona
  • Arizona Board of Regents, Univ. of Arizona – $190,268
  • Greater Phoenix Urban League, Inc. – $523,773
    • Arizona Family Health Partnership (AFHP)
    • Empact-La Frontera (ELF)
    • Coconino County Health Department (CCHD)
    • Tucson Urban League (TYL)
    • Women’s Health Coalition of AZ (WHC)
  • Campesinos Sin Fronteras, Inc. – $71,386

Arkansas

  • Southern United Neighborhoods – $270,193
    • Local 100 United Labor Unions
    • Arkansas Community Institute (ACI)
  • Univ. of Arkansas – $774,745
    • Partners for Inclusive Communities – Dep’t at Univ. of Arkansas

Delaware

  • Chatman, LLC – $510,577
    • Local physicians’ offices
    • Accountable Care Organizations

Florida

  • Univ. of South Florida – $4,213,696
    • FL Covering Kids & Families (CKF) (lead applicant, based in Univ. of South FL)
    • Health Council of SE Florida
    • Kids Healthcare Foundation
    • Primary Care Access Network (PCAN)
    • Health Planning Council of Southwest Florida
  • Epilepsy Foundation of Florida – $637,686
    • Univ. of West Florida in Pensacola
    • Univ. of FL in Gainesville
    • Univ. of North Florida in Jacksonville
    • Florida Atlantic University in Boca Raton
    • Nova Southeastern University in Davie
    • Florida Memorial University in Opa-Locka
  • Advanced Patient Advocacy, LLC – $413,152
    • Holy Cross Hospital
    • Bethesda Memorial Hospital
  • Legal Aid Society of Palm Beach County, Inc. – $446,783
    • Healthcare Access Partnership Initiative (HAPI)
    • Legal Aid’s Housing Project
  • Pinellas County Board of County Commissioners – $600,000
    • Pinellas County Health Dep’t
    • Juvenile Welfare Board
    • St. Petersburg College
    • St. Petersburg Free Clinic
    • Clearwater Free Clinic
    • YMCA
  • National Hispanic Council on Aging – $646,825
    • Local community partners; graduates of the Empowerment and Civic Engagement Training program
  • Mental Health America – $686,691
    • Mental Health America of East Central Florida (MHAECF)
  • Public Health Trust of Miami Dade County dba Jackson Health System – $238,000
    • Jackson Memorial Hospital
    • Holtz Children’s Hospital
    • Jackson Rehabilitation Hospital
    • Jackson South Community Hospital
    • Jackson North Medical Center
    • Jackson Mental Health Hospital

Georgia

  • Structured Employment Economic Development Corporation (SEEDCO) – $2,159,360
    • Boat People SOS
    • Center for Black Women’s Wellness
    • Emory-Grady Urban Health Initiative
    • Georgia Equality & The Health Initiative
    • Georgia Refugee Health and Mental Health
    • Georgia Watch
    • Georgians for a Healthy Future
    • Healthy Mothers Healthy Babies Coalition
    • Jewish Family & Career Services
    • Latin American Association
    • Mental Health America of Georgia
    • Parent to Parent, Quality Med-Care Inc.
    • Spring Creek Health Cooperative
  • Univ. of GA – $1,657,378

Illinois

  • Southern Illinois Healthcare Foundation – $240,113
    • Southern Illinois Healthcare Foundation (SIHF)
    • Christopher Rural Health Planning (CRHPC)
    • Community Health and Emergency Services (CHES)
    • Rural Health Incorporated (RHI)
    • Shawnee Health Services (SHS)
  • Genesis Health System – $137,283
    • Existing community partners
  • Sinai Health System – $157,271
    • 60 WIC office sites operated by Sinai
    • Chicago Dep’t of Public Health
    • Community and Economic Development Association of Cook County
    • Cook County Dep’t of Public Health
    • Mile Square Health Center
    • Near North Health Service Corporation
    • Stickney Public Health District
    • TCA Health Inc.
    • Regional and local Community Based Organizations
    • Federally qualified healthcare centers such as Lawndale Christian Health Center
    • Faith Based Organizations
  • Dupage County Health Dep’t – $182,543
  • A Safe Haven foundation – $324,736
  • Mercy Hospital and Medical Center – $452,590
  • Puerto Rican Cultural Center, Inc. – $600,000
  • VNA Health Care – $132,737
  • IL College of Optometry – $504,016
  • National Council of Urban Indian Health – $35,000
    • Local Urban Indian Health Program (UIHP) in Chicago
  • SER-Jobs for Progress National, Inc. – $294,182
    • Central States SER

Indiana

  • Affiliated Service Providers of Indiana, Inc. – $897,150
    • Behavioral Health Network
    • Community Mental Health Centers
    • Ivy Tech Community College
  • Plus One Enterprises, LTD, LLC – $130,875
  • Health and Hospital Corporation of Marion County – $590,895
  • United Way Worldwide – $424,586
    • State-wide partners and 2-1-1 call center

Iowa

  • Genesis Health System – $128,430
    • Existing community partners
  • Visiting Nurse Services of IA – $257,142
    • HCI Care Services
  • Planned Parenthood of the Heartland – $214,427
    • Ames Center, Ankeny Center, My Health Express, Rosenfield Center, Susan Knapp, and West Center
    • Burlington, Cedar Falls, Cedar Rapids, Council Bluffs Center, Creston Center, Dubuque Center, Fort Dodge Center, Iowa City, Mount Pleasant, Quad Cities Center, Red Oak Center, Sioux City Center, Washington

Kansas

  • Ascension Health – $165,683
    • Via Christi Health System (VCHS)
  • Advanced Patient Advocacy LLC – $195,556
    • Overland Park Regional Medical Center
    • Labette County Medical Center
    • Menorah Medical Center
  • Kansas Association for the Medically Underserved – $524,846
    • Kansas Hospital Education and Research Foundation
    • Kansas Insurance Department
    • Kansas Association of Local Health Departments
    • Association of Community Mental Health Centers of Kansas
    • Kansas Association of Area Agencies on Aging and Disabilities (operating as volunteer based Senior Health Insurance Assistance Program)

Louisiana

  • Southern United Neighborhoods – $486,123
    • Local 100 United Labor Unions
    • Affiliated Media Foundation Movement (AMFM)
    • Arkansas Community Institute (ACI)
  • Martin Luther King Health Center, Inc. – $81,066
  • Southwest Louisiana Area Health Education Center – $1,099,985
    • Central Louisiana AHEC
    • North Louisiana AHEC
    • Southeast Louisiana AHEC
  • Capital Area Agency on Aging, District II, Inc. – $100,000

Maine

  • Western Maine Community Action – $475,000
    • Aroostook County Action Program
    • Kennebec Valley Community Action Program
    • Midcoast Maine Community Action
    • Waldo Community Action Partners
    • Washington Hancock Community Agency
    • The Opportunity Alliance
    • York County Community Action Corporation
  • Fishing Partnership Health Plan – $66,846

Michigan

  • Community Bridges Management, Inc. – $896,366
    • ZIAD Healthcare for the Underserved
  • Arab Community Center for Economic & Social Services – $276,593
  • American Indian Health & Family Services of SE Michigan, Inc. – $49,583
  • Michigan Consumers for Healthcare – $1,319,345
    • Michigan Community Action Agency Association
    • Michigan Primary Care Association
    • Michigan Association of Community Mental Health Boards
    • Michigan Tribal Health Center Directors Association

Mississippi

  • Oak Hill Missionary Baptist Church Ministries – $317,742
    • Mid-South Churches Cooperative Conference (MSCCC)
    • Collaborative of 200 churches and faith organizations
  • Univ. of Mississippi Medical Center – $831,986
    • Mississippi Institute for Improvement of Geographic Minority Health
    • Univ. of Mississippi Adult Hospital
    • University Physicians and Associates
    • Blair E. Batson Children’s Hospital
    • Wiser Hospital for Women and Infants
    • Conerly Critical Care Hospital
    • Holmes County Hospital
    • E-Beat

Missouri

  • Primaris Healthcare Business Solutions – $1,045,624
    • APPLE Project
    • Bi-Lingual International Assistant Services
    • Interfaith Community Services
    • Eastern Missouri Health Services
    • Heartland Resources
    • Missouri Kidney Program
    • OASIS Institute
    • Ozark Action, Inc.
    • Senior Adult Services, Inc.
    • Shepherd Center of Kansas City Central
    • Missouri Alliance of Area Agencies on Aging
    • Northwest Missouri Area Agency on Aging
    • Region X Area Agency on Aging
    • Care connection for Aging Services
    • Southeast Missouri Area Agency on Aging
    • Southwest Missouri Office on Aging
    • Central Missouri Area on Aging
    • Mid-East Area Agency on Aging

Montana

  • Intermountain Planned Parenthood, Inc. DBA Planned Parenthood – $295,604
    • Navigators placed in five health clinic sites
  • Montana Primary Care Association, Inc. – $299,382
    • Community health centers around the state
    • Rural Health Development DBA Montana Health Network
    • Big Horn Hospital Association
    • Beartooth Billings Clinic
    • Central Montana Medical Center
    • Dahl Memorial Healthcare Assoc.
    • Daniels Memorial Healthcare Center
    • Fallon Medical Complex
    • Frances Mahon Deaconess Hospital
    • Garfield County Health Center
    • Glendive Medical Center
    • Holy Rosary Healthcare
    • Livingston Health Care
    • McCone County Health Center
    • Northeast MT Health Services
    • Phillips County Hospital
    • Prairie County Hospital
    • Roosevelt Medical Center
    • Roundup Memorial Hospital
    • Sheridan Memorial Hospital Assoc.
    • Sidney Health Center
    • Stillwater Billings Clinic
    • Wheatland Memorial Healthcare

Nebraska

  • Community Action of Nebraska, Inc. – $562,457
    • 9 community action agencies
  • Ponca Tribe of Nebraska – $37,543

New Hampshire

  • Bi-State Primary Care Association – $454,839
    • North Country Health Consortium
    • Ammonoosuc Community Health Services, Inc.
    • Coos County Family Health Services, Inc.
    • Families First Health and Support Center
    • Goodwin Community Health
    • Harbor Care Clinic, A Program of Harbor Homes, Inc.
    • Health First Family Care Center
    • Indian Stream Health Center
    • Lamprey Health Care
    • Manchester Community Health Center
    • Mid-State Health Center
    • Weeks Medical Center
    • White Mountain Community Health Center
  • Planned Parenthood of Northern New England -$145,161
    • Navigators in 6 health clinics

New Jersey

  • Center for Family Services, Inc. – $677,797
    • Wendy Sykes – The Oranges ACA Navigator Project
    • African Americans for Health Awareness
    • Essex County Family Support Organization
    • East Orange/Orange CDC
    • Newark Beth Israel – Geriatrics
    • Healthy Family Adventures
  • Urban League of Hudson  County – $565,000
    • Urban League of Bergen County
    • Urban League of Morris County
    • Urban League of Union County
  • Public Health Solutions – $400,583
    • Newark Emergency Services for Families
    • Partnership for Maternal and Child Health of Northern New Jersey
    • Dep’t of HHS – City of Jersey City

North Carolina

  • Randolph Hospital, Inc. – $352,320
  • Mountain Projects, Inc. – $359,750
  • NC Community Care Networks – $1,988,428
  • Alcohol/Drug Council of NC – $324,798

North Carolina

  • Great Plains Tribal Chairmen’s Health Board – $186,000
    • Tribal Health Departments
    • Tribal Maternal
    • Child Health Programs
    • Aberdeen Area Indian Health Service Area
    • North Dakota State Dep’t of Health
  • Minot State University – ND Center for Persons with Disabilities – $414,000
    • Family Voices
    • Federation for Families
    • First Link
    • Community HealthCare Association of the Dakotas
    • Northland Healthcare Network

Ohio

  • Ohio Association of Foodbanks – $2,014,750
    • OH Association of Foodbanks
    • Access Health Mahoning Valley
    • Asian Services in Action, Inc.
    • Carmella Rose Health Foundation
    • Cuyahoga Health Access Partnership
    • Community Action Committee of Pike County
    • Disability Rights Ohio
    • Health Care Access Now
    • Heart of OH Family Health Center
    • Hospital Council of NW OH
    • OH Association of Free Clinics
    • OH Dep’t of Health
    • United Way of Greater Cleveland 2-1-1
    • Community Action Program Corporation of Washington Morgan Counties
    • Western Reserve Area Agency on Aging
  • Helping Hands Community Outreach Center – $230,920
    • Local Community Action Partnership
    • Several churches
    • Grassroots community based providers
    • Spirit of Peace CDC
    • Neighborhood Health Association
    • Three NHA FQHC clinics

Oklahoma

  • OK Community Health Centers, Inc. – $860,866
    • OK Primary Care Association
    • 18 health center grantees
    • OK 2-1-1 agencies
    • Legal Aid Services of OK
    • Planned Parenthood of the Heartland – Eastern OK
    • Planned Parenthood of Central OK
  • Little Dixie Community action Agency, Inc. – $580,733
    • Little Dixie Community Action Agency
    • Big Five Community Services
    • Community Development Corporation
    • Community Development Support Association
    • Delta Community Action Foundation
    • Deep Fork Community Action Foundation
    • Great Plains Improvement Foundation
    • INCA Community Services
    • KIBOIS Community Action Foundation
    • Muskogee County Community Action Foundation
    • Northeast OK Community Action Agency
    • Opportunities Inc.
    • SW OK Community Action Group
    • Washita Valley Community Action Council
  • Latino Community Development Agency – $178,500

Pennsylvania

  • Resources for Human Development – $997,801
  • Pennsylvania Association of Community Health Centers – $739,005
    • Health Federation of Philadelphia
    • Pennsylvania Health Law Project
    • Pennsylvania Office of Rural Health
  • Pennsylvania Mental Health Consumers’ Association – $424,625
    • PA Mental Health Consumers Association
    • Mental Health Association in PA
    • Mental Health Center Westmoreland County
  • Mental Health America – $547,754
    • Mental Health Association of SE PA

South Carolina

  • DECO Recovery Management LLC – $1,211,203
    • Benefit Bank of South Carolina
    • South Carolina Office of Rural Health
    • SC Chamber of Commerce
    • SC Hospital Association
  • Cooperative Ministry – $508,313
    • Greater Columbia Community Relations Council
    • SC Progressive Network
  • Beaufort County Black Chamber of Commerce – $234,099

South Dakota

  • SD Community Action Partnership – $336,000
    • Inter-Lakes Community Action Partnership
    • Rural Office of Community Services, Inc.
    • NESDCAP dba GROW South Dakota
    • Western South Dakota Community Action
  • Great Plains Tribal Chairmen’s Health Board – $264,000
    • Tribal Health Departments
    • Aberdeen Area Indian Health Service Area
    • South Dakota State Dep’t of Health

Tennessee

  • Structured Employment Economic Development Corporation (SEEDCO) – $1,216,013
    • Appalachian Mountain Project Access
    • Bridges
    • Community Development council
    • Family and Children’s Services
    • Knoxville Area Project Access
    • Medical Foundation of Chattanooga
    • Porter-Leath
    • TN Community Services Agency
    • Tennessee Health Care campaign
  • Tennessee Primary Care Association – $781,265
    • East Jackson Family Health
    • Faith Family Medical
    • GetWell Community Clinic

Texas

  • United Way of Metropolitan Tarrant County – $5,889,181
    • Alamo Area Council of Governments
    • Brazos Valley Council of Governments
    • City of Houston Dep’t of HHS
    • Community Council of Greater Dallas
    • LIFE Inc. / Disability Connections for Independent Living
    • Panhandle Regional Planning Commission
    • Project Amistad
    • South TX Development Council
    • Starcare Specialty Health System
    • United Way of Central Texas
  • Migrant Health Promotion, Inc. – $589,750
    • Rio Grande Valley of Texas
  • National Hispanic Council on Aging – $646,825
  • Change Happens – $785,000
    • The Children’s Center
    • Children’s Books on Wheels
    • Houston Center for Independent Living
    • Faith-Based Recovery Health and Wellness Network
  • United Way of El Paso County – $642,121
    • AVANCE
    • City of El Paso
    • County of El Paso
    • Greater El Paso Chamber of Commerce
    • El Paso Hispanic Chamber of Commerce
    • El Paso Interreligious Sponsoring Organization
    • Educational Service Center
  • Southern United Neighborhoods – $600,678
    • Local 100 United Labor Unions
    • Affiliated Media Foundation Movement
    • Arkansas Community Institute
  • East Texas Behavioral Healthcare Network – $1,337,520
    • Anderson / Cherokee County Enrichment Services
    • Andrews Center
    • Betty Hardwick Center
    • Bluebonnet Trails Community MHMR Center
    • Burke Center
    • Community Healthcore
    • Gulf Bend MHMR Center
    • Gulf Coast Center
    • Lakes Regional MHMR
    • Pecan Valley MHMR Region
    • Spindletop Center
    • Tri-County MHMR Services
  • National Urban League – $376,800
    • Urban League of Greater Dallas & North Central Texas
    • Houston Area Urban League

Utah

  • Utah Health Policy Project – $486,121
    • Association for Utah Community Health
    • United Way
    • Take Care Utah
  • Utah AIDS Foundation – $205,591
    • Utah Pride Center
    • Ogden OUTreach
    • Planned Parenthood
    • National Council of Urban Indian Health

Virginia

  • Virginia Poverty Law Center, Inc. – $1,278,592
    • Young Invincibles project of the Center for Community Change
    • Blue Ridge Legal Services
    • Central Virginia Legal Aid Society
    • Legal Aid Justice Center
    • Legal Aid Society of Eastern Virginia
    • Legal Aid  Society of Roanoke Valley
    • Legal Services of Northern Virginia
    • Southwest Virginia Legal Aid Society
    • Virginia Legal Aid Society
  • Advanced Patient Advocacy LLC – $483,433
    • Chippenham Hospital
    • Johnston-Willis Hospital
    • John Randolph Henrico Doctors Hospital
    • Retreat, St. Mary’s Hospital
    • Memorial Medical center
    • St. Francis
    • Richmond Community Hospital
    • Sentara Northern Virginia Medical Center
    • Fauquier Hospital and Reston Hospital
    • Mary Washington Hospital
    • Stafford Hospital
    • Spotsylvania Regional Medical & Rappahannock General Hospital
    • Lewis Gale Montgomery Regional Hospital
    • Clinch Valley Medical Center
    • Lewis-Gale Alleghany
    • Lewis-Gale Pulaski
    • Lewis-Gale Medical Center

West Virginia

  • Advanced Patient Advocacy LLC – $276,617
    • Raleigh General Hospital
    • HCA St. Francis and Pleasant Valley Hospital
    • Thomas Memorial Hospital
    • Princeton Community Hospital
    • Pavilion
  • National Healthy Start Association – $191,667
  • TSG Consulting LLC – $174,091
    • WV Farm Bureau
    • Partners in Health Network

Wisconsin

  • Partners for Community Development, Inc. – $315,720
  • NW Wisconsin Concentrated Employment Program, Inc. – $285,035
    • Western Wisconsin Workforce Investment Board, Inc.
    • Western Wisconsin Workforce Development Board, Inc.
    • North Central Workforce Development Board, Inc.
    • Workforce Resources, Inc.
    • Workforce Connections, Inc.
  • Legal Action of Wisconsin Inc. / SeniorLAW – $70,000
  • National Council of Urban Indian Health – $35,000
  • National Healthy Start Association – $191,667
  • R&B Receivables Management Corporation DBA R&B Solutions – $104,520

Wyoming

  • Memorial Hospital of Laramie County DBA Cheyenne Regional – $401,281
    • Wyoming 2-1-1
    • 9 Faith Community Nurse Locations
    • 18 Facilities
    • 11 Hospitals
  • Wyoming Senior Citizens, Inc. – $198,719
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04/15/2014

Opinion: Despite Pledge of Transparency, Obama Is Clogging Information Flow

This op-ed originally appeared on NationalLawJournal.com, April 15, 2014

Administration’s overuse of FOIA exception blocks legitimate requests for records.

Daniel Z. Epstein and Mark J. Rozell, The National Law Journal

When President Barack Obama issued a memorandum on his first day in office on the Freedom of Information Act encouraging transparency, it was a promising first step toward being the “most transparent administration in history.” Three months later, however, the president’s chief lawyer secretly advised government agencies to send to the White House all records involving “White House equities” that are identified in response to any document request, FOIA or otherwise.

The largely elusive and undefined term “White House equities” greatly expanded what the White House has access to. Previously its access was limited to documents that originated within the White House.

Consequently, federal agencies are sending politically sensitive requests to the White House for review, delaying the release of records to the media, public requesters and even to Congress, violating the letter and spirit of FOIA.

It is crucial that the public knows what the White House is doing to hinder transparency. For example, in 2010, an Associated Press investigation found that the White House screened the Department of Homeland Security’s FOIA requests related to the economic-stimulus plan, as well as requests for the calendars of cabinet members. Making matters worse, Homeland Security applied extra scrutiny to FOIA requests and congressional requests that sought politically sensitive information. Political staffers at the department demanded to know information about requesters, including their occupations and where they lived.

That the White House proactively seeks to screen requests suggests that the administration is more concerned about negative press than transparency. In April 2012, the media reported that the General Services Administration (GSA) had squandered $822,000 on a posh conference in Las Vegas. The scandal drew heavy criticism for the administration.

A FOIA investigation conducted by Cause of Action, a Washington-based nonprofit government watchdog group, found that only a few weeks later, Seth Green­feld, a senior assistant general counsel at the GSA, forwarded five FOIA requests related to the conference to Jonathan Su at the White House Counsel’s Office. According to documents Cause of Action procured via FOIA, Greenfeld wrote to Su, “Per your request, here are the five FOIA requests that in some manner ask for the 2010 Western Regions Conference website and its contents.” The president is effectively using the notion of “White House equities” to turn the FOIA process on its head. Although Congress designed FOIA to allow the public to know what the government is up to, the White House review process allows the government to know what the media are up to, potentially chilling the free press.

SIGNIFICANT DELAYS

A number of agencies target media requesters for extra review, including the departments of the Treasury, Defense, and Housing and Urban Development, often delaying production to well past FOIA deadlines. A March 23, 2010, request from Cox Television was significantly delayed after the GSA provided records to the House of Representatives and the White House for “comment,” according to a report from the GSA inspector general. The request sought e-mails “between the GSA and the staffs of U.S. Representatives Nancy Pelosi, Silvestre Reyes, and Zack Space.” At the time of the inspector general’s September 2010 report, the request had been pending for 118 days. The response deadline for FOIA, however, is 20 days, or at most 30 days in “unusual circumstances.”

The use of “White House equities” to screen document requests also hinders congressional oversight. Records from the Department of Interior, for example, show that the National Park Service failed to respond to a March 27, 2013, congressional document request, instead sending the documents to the White House, Office of Management and Budget, and Department of Justice for review. When the documents had still not been produced after six months, the House Oversight and Government Reform Committee was forced to issue a subpoena. Similarly, emails obtained by Cause of Action from the Environmental Protection Agency indicate that White House review delayed an April 10, 2013, document request from the House oversight committee to the agency. In response, the committee sent a Nov. 8, 2013, subpoena to the EPA for communications with White House officials concerning the delay.

The Obama administration cannot credibly claim to be transparent when it publicly issues memoranda advocating for openness in the FOIA process, but then secretly instructs agencies to refer all records with “White House equities” to the White House for review. Not only is the FOIA process significantly and illegally stalled by White House review — a fact that agencies zealously guard from requesters — but it permits the political interests of the administration to trump the important policy goals of FOIA. The White House’s attempts to subvert the purposes of FOIA by demanding to review potentially damaging and politically sensitive requests may protect the President’s own interests, but at the expense of the governmental transparency and accountability he had promised to advance.

Daniel Z. Epstein is executive director of Cause of Action, and Mark J. Rozell is acting dean of the School of Public Policy at George Mason University and author of the book “Executive Privilege.”

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