The Hill: Six recommendations to make Washington more transparent

Six recommendations to make Washington more transparent

The 114th Congress, which convened on January 6, faces a deeply uncomfortable reality: The American people simply don’t trust their government. Fully two-thirds of Americans believe that Washington is on the wrong track. Public approval of Congress currently hovers around 15 percent—only one point above its all-time low.

The incoming Congress must seek to address this crisis of confidence. Our elected officials can start by taking up transparency and accountability issues to make the government more accountable to taxpayers.

Cause of Action recommends that Congress act in six specific policy areas:

Require Inspectors General to Actually Investigate. Perhaps the most important pro-transparency initiative that Congress can implement is ensuring compliance with the Inspector General Act. Under the Act, Inspectors General are authorized to conduct full investigations when they receive tips that illegal activity is occurring at a federal agency.

This topic is particularly newsworthy given the recent report from the Treasury Inspector General for Tax Administration (TIGTA) confirming that the IRS targeted certain conservative nonprofits based on their political beliefs. However, TIGTA’s report was based only on an audit and not a full investigation. This limited inquiry into IRS’s clearly inappropriate behavior raised more questions than it answered.

In such situations, Inspectors General—whether at the IRS or any other federal agency—should conduct investigations, based upon compulsory interrogatories, subpoenas, and depositions. Audits, which are designed to review program effectiveness, are not the appropriate method of identifying and resolving allegations of illegality, remediable only through an investigative process.

Reintroduce the Grant Act. The Grant Act, originally introduced by then-Rep. James Lankford (R-Okla.) in 2011, is a straightforward bill that would make the federal grant process transparent. It requires federal agencies to establish uniform standards for how they notice, award, and disclose competitive grants. It would also require agencies to rank grant applicants according to those standards—and make them justify any deviation from those rankings. Ultimately, this would allow taxpayers to ensure that federal agencies are awarding grants using a merit-based—and not a politicized—process.

Police Fraud. In 2013, 3.5 percent of all federal payments were improperly awarded—a sum reaching $106 billion.  Congress should conduct oversight to ensure that agencies and the Department of Justice in particular are enforcing anti-fraud laws like the False Claims Act, the Improper Payments Information Act, and the Program Fraud Civil Remedies Act.

The U.S. Government Accountability Office reports that most Inspectors General fail to enforce the Program Fraud Civil Remedies Act.  Further, public reports by federal agencies that merely identify allegations of fraud (like an audit) have barred whistleblowers from pursuing claims under the False Claims Act even when the feds fail to remedy the abuses.

Congress must ensure that these laws designed to empower whistleblowers are not being misread to incentivize agency failures to prevent fraud.

Hold the White House Accountable. In 2009, the White House, secretly demanded that federal agencies keep it apprised of any document requests containing “White House equities”—a term undefined by statute or regulation. Notwithstanding this lack of clarity, the White House obstructs congressional oversight and violates the spirit of FOIA when its political staff chills public oversight for the benefit of the President’s political image.

Congress should increase its oversight over the FOIA process to prevent the White House’s political offices from meddling into records requests to agencies or otherwise amend FOIA to subject those political offices to greater transparency.

Ensure Agencies Follow the Law. The Federal Records Act requires that agencies notify the Archivist of the United States if there is a proposed removal or destruction of records. The Internal Revenue Services’ failure to properly notify the Archivist regarding the supposed destruction of Lois Lerner’s emails shows that this process must be reformed.

Congress can strengthen enforcement of the Federal Records Act by reviewing the reporting process. Congress should also require that agencies create multiple sets of electronic back-ups to preserve emails and other important data.

Encourage FOIA Compliance. The Freedom of Information Act has been updated numerous times to keep pace with changes in technology, yet federal agencies continue to find new ways to avoid transparency. For example, while text messages involving official government business are records subject to FOIA, some agencies simply do not know how to locate and search for these records, disenfranchising the public of information. Another problem, reflected by the 30,000 “lost” and then later “found” Lois Lerner e-mails, is that agencies routinely destroy records – a crime – without any liability.

In light of this, Congress should conduct aggressive oversight to deter agencies from destroying or improperly withholding relevant records.

Effective congressional oversight would demonstrate to the public that the 114th Congress is serious about wisely stewarding taxpayer money and protecting the public from arbitrary and abusive executive power. It’s time for our elected officials to prove that they’re serious about making government work for, rather than against, the American people.

Epstein is the executive director of Cause of Action, a non-partisan organization that uses public advocacy and legal reform tools to ensure greater transparency in government, protect taxpayer interests and promote economic freedom.

Cause of Action Challenges FTC in Court for Obstructing Transparency

FOR IMMEDIATE RELEASE

CONTACT: Geoff Holtzman, 703-405-3511, geoff.holtzman@causeofaction.org

Cause of Action Challenges FTC in Court for Obstructing Transparency

Agency Threatens the Integrity of FOIA, Conduct Part of a Larger Pattern

WASHINGTON – Cause of Action (CoA), a government oversight group, today will argue before the United States Circuit Court for the District of Columbia that the Federal Trade Commission (FTC) improperly denied CoA’s request to be treated as a news media organization and for fee waivers under the Freedom of Information Act (FOIA). The Reporters Committee for Freedom of the Press, the Washington Post, National Public Radio, and the Daily Caller News Foundation, among others, filed a “friend of court” brief in support of CoA.

Cause of Action’s Executive Director Dan Epstein said: “This Administration pledged openness and transparency, yet FTC has done the reverse. President Obama has said regarding FOIA that ‘democracy requires accountability and accountability requires transparency.’ But by obstructing FOIA disclosure and by playing games with media status and fee waivers to reward friends and to punish critics, FTC has crippled transparency and obstructed accountability.”

“FTC’s desire to chill criticism appears to explain what occurred here. Upholding FTC’s ‘weaponization’ of FOIA will empower agencies to selectively define what is and isn’t ‘media’, thereby blocking transparency and significantly reducing the federal government’s accountability to all Americans.”

CoA filed three separate FOIA requests between 2011 and 2012 for information on FTC regulation of social media authors and bloggers. CoA advised FTC this information was for an article and investigative report because blogger regulations “justify close scrutiny.” FTC denied CoA information access, news media requestor status and fee waivers. At the same time, FTC granted fee waivers to the AFL-CIO, the Environmental Defense Fund and the Marin Institute. According to Mr. Epstein, “FTC’s desire to chill criticism appears to explain what occurred here.”

FTC’s conduct reflects a larger pattern of government games with FOIA. For example, in 2009, the White House Counsel required all government agencies to submit FOIA disclosures involving “White House equities” for political pre-review. In 2013, a study by the Competitive Enterprise Institute revealed that the Environmental Protection Agency granted fee waivers to politically favored groups in 75 out of 82 cases, but denied 14 of 15 requests for fee waivers by Agency critics during the same period of time. In 2014, AP’s Washington Bureau Chief said FOIA “is under siege” and that “Requests are now routinely forwarded to political appointees.”

To learn more about Cause of Action’s work on this case, please click here.

WHAT: Arguments in Cause of Action v. Federal Trade Commission

WHERE: United States Circuit Court for the District of Columbia

WHEN: TODAY, January 13, 2015 at 9:30 am 

To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Geoff Holtzman at geoff.holtzman@causeofaction.org

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Cause of Action Statement on Announcement of DOJ IG Michael Horowitz as Chairman of CIGIE

Cause of Action released the following statement today following the announcement of DOJ Inspector General Michael Horowitz as Chairman of the Council of the Inspectors General on Integrity and Efficiency:

Cause of Action congratulates Michael Horowitz on his chairmanship of the Council of the Inspectors General on Integrity and Efficiency (CIGIE). Chairman Horowitz brings the gravitas and investigative prowess necessary to bring true accountability to the executive branch, as he has demonstrated in his work as the Inspector General for the Department of Justice on matters ranging from Fast and Furious to nepotism in the nation’s immigration courts. In the past, CIGIE has failed in its oversight of such recent matters as the GSA spending scandal and the investigation of former DHS IG Charles Edwards, making the choice of Horowitz a welcome change and an encouraging sign for Americans concerned about government accountability. Cause of Action looks forward to the leadership Chairman Horowitz will provide and anticipates that CIGIE will help pave the way for more empowered and accountable Inspectors General to shine a light on what is happening in our federal agencies.

Cause of Action Signs Letter of Support for Amending Rule on Judiciary Committee Jurisdiction

Cause of Action joined ten organizations in support of the proposed amendment to the Rules of the House of Representatives that would clarify the jurisdiction of the Committee on the Judiciary by adding “criminalization” to the Committee’s legislative jurisdiction.

Bipartisan Support for Amending Rule on Judiciary Committee Jurisdiction by Cause of Action

Video: Dan Epstein Talks IRS Targeting on One America News Network

The IRS Strikes Back: Cause of Action Prepares for Its Next Battle on White House Access to Tax Information

Cause of Action’s battle continues against the IRS’s chief auditor (TIGTA) to publicize unauthorized disclosures to the White House.  Yesterday, TIGTA released 31 pages, 27 of which are already publicly available. In sum, TIGTA has produced only about one percent of the documents responsive to CoA’s request despite the court’s ruling mandating disclosure.

The records released show that TIGTA was concerned about inquiries from “external stakeholders,” including the White House and the Department of the Treasury, following media reports that TIGTA had opened an investigation into whether Koch Industries’ tax information was illegally disclosed to Austan Goolsbee.  See the full production here.

After Cause of Action’s 2012 public records (FOIA) request concerning investigations into unauthorized disclosures of taxpayer information to the White House, TIGTA refused to confirm the existence of any records, so we took them to court. The Court ruled in CoA’s favor in September and TIGTA claimed that it was reviewing 2509 pages of documents to comply with a court order.  On December 1, 2014, TIGTA indicated that after review, 2043 pages were responsive to Cause of Action’s request, but it refused to produce actual records. TIGTA claimed the records were protected under Section 6103, a provision in the tax code requiring the confidentiality of tax returns or return information relating to a taxpayer’s actual or potential tax liability.

The IRS’s auditor (TIGTA) indicated that it would address the remaining 466 pages within two weeks.  On December 15, 2014, TIGTA withheld 435 pages and released 27 pages in full and 4 pages in part, again citing Section 6103 as the basis for protecting nearly all of the records.  In other words: the records showing White House and IRS employees may have violated Americans’ privacy is being protected under . . . privacy laws.

Looking Ahead:

CoA will file a motion claiming TIGTA’s failure to produce all responsive documents is in violation of the law.  The Court has scheduled a briefing schedule to begin on January 30, 2015.  In the meantime, CoA will aggressively file additional FOIA requests to determine the extent of the White House’s review of taxpayer information, even outside of the context of Section 6103.   Stay tuned.

Wall Street Journal: Congress Can Pry Open a Clammed-Up IRS

Read the full story: Wall Street Journal

In March 2012 the conservative legal group Cause of Action filed a Freedom of Information request, asking the IRS for documents, including emails showing any disclosures of confidential taxpayer information to the White House. Predictably, the IRS and Treasury stonewalled the request. After the normal administrative requests and appeals failed, Cause of Action launched a federal suit. They wanted all the documents and any correspondence related to the IRS’s refusal to hand them over. The IRS responded that it was exempt from such disclosures and that releasing the files would impede its own internal investigation.

 

In September Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia ruled decisively against the administration. The judge, an Obama appointee, said the plaintiff is entitled to see any relevant documents and ordered the Treasury to search for them. The office of the Treasury inspector general for tax administration, which oversees the IRS, announced in late November that it had found some 2,500 relevant documents. It said it would produce them by mid-December.