Sunlight Foundation

The News Without Transparency

 

The News Without Transparency: Reports highlight lack of information available on 501(c)4s

by Caitlin MacNeal

Recent reporting and analysis by ProPublica and the Sunlight Foundation Reporting Group have brought a certain dark money group, the Government Integrity Fund, into the light.

The Government Integrity Fund is registered as a 501(c)4, a type of nonprofit permitted to run issue ads to influence the outcome of elections without disclosing the names its donors to the Federal Election Commission.

Thanks to a long-anticipated ruling by the Federal Communications Commission in August, broadcast stations are now required to make information about political ad buys available online. That FCC decision, along with efforts by the Sunlight Foundation’s Political Ad Sleuth and ProPublica’s Free the Files projects to aggregate the more than 30,000 filings on the FCC database so far, have helped to shed more light on the money these groups are spending and the people and interest groups behind the influence.

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The News Without Transparency - Mobile Phone Surveillance by Police Targets Millions Annually

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Earlier this year, Rep. Edward Markey (D-MA) released information that his Congressional Privacy Caucus received from mobile carriers indicating that they had responded to 1.3 million requests from law enforcement for subscriber data in 2011. Wired Magazine’s Threat Level blog covered the release in detail, relying on information that may have never come to light without Markey’s efforts.

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The News Without Transparency: FCC Ruling Makes Tracking Political Ad Buying Easier

by Sarah Frostenson

In light of the first presidential debate held last Wednesday at the University of Denver, an article by USA Today reported that the Romney and Obama campaigns along with their supporters have dropped nearly $700 million on TV ads in Denver with a little over a month to go until Election Day. With more than 26,000 ads airing in Denver so far this election cycle, commercial breaks on TV stations like the NBC affiliate KUSA have been flooded by political ads with as many as 93 ads from the two campaigns and the super PACs supporting them running in the course of a day.

Following the political ad campaign finance trail and compiling statistics like the ones cited in the USA Today piece, however, was previously a nearly impossible feat for reporters as broadcast stations were not required to publicly disclose their political ad revenue files until recently. In April, the Federal Communications Commission (FCC) passed a landmark rule that now requires broadcast stations to post their political ad revenue files online so that political ad spending can be tracked in real-time. The passage of this rule marks a new era of transparency in campaign finance disclosure, as formerly political ad files were only available in paper, most often inaccessibly warehoused in file cabinets at individual TV stations. In this particular USA Today article, however, it is important to note that the reporters compiled more nuanced data--ranging from the specific time slots in which ads aired to the breakdown of viewer demographics--than what is currently available from the FCC website.

The system, however, still has limitations with only the top four TV networks’ affiliates (ABC, CBS, Fox and NBC) in the top 50 media markets required to comply in the first two years. Additionally, broadcasters are not obligated to disclose campaign ad revenue data prior to when the rule went into effect on August 2nd nor are they required to post their data in a standardized format, which severely limits the accessibility and searchability of the FCC’s database. This is why organizations like the Sunlight Foundation and Free Press are partnering to roll out Political Ad Sleuth, an app that will capture a more complete and user-friendly depiction of political ad spending in key swing states like Colorado, where political ads are dominating the airwaves in a vie for votes.

"The News Without Transparency" shows you what the news would look like without public access to information. Laws and regulations that force the government to make the data it has publicly available are absolutely vital, along with services that take that raw data and make it easy for reporters to write sentences like the ones we've redacted in the piece above. View the entire series here! If you have an article you'd like us to put through the redaction machine, please send us an email at rsibley@sunlightfoundation.com.

 

The News Without Transparency: Political Spending by Unions Far Exceeds Direct Donations

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The Wall Street Journal recently reported that Unions spend more money on politics than is commonly assumed. The article’s authors cite “a little known set of reports to the Labor Department” that require national and local unions to disclose their political spending.

The reports are never explicitly named in the article, but many financial documents are available to view on the Department of Labor’s website. Unfortunately, the labor department does not appear to provide for bulk data downloads, or make the files easy to save or share.

The reports have their origins in the Labor Management Reporting and Disclosure Act. The nascent transparency law, passed in 1959 as a response to labor union corruption, instituted financial reporting requirements on unions for the first time.

In 2005 the Department of Labor revised rules related to the LMRDA and required unions to disclose even more information. Notably, they now have to report the money that they spend on political activities and lobbying directly to the Department of Labor.

Like corporations, unions report money that they spend using their Political Action Committees to the Federal Election Commission. The FEC was created to enforce the Federal Election Campaign Act. It collects and regulates campaign finance information from candidates, PACs and political parties. Many outside organizations also track money in politics.

The DoL reports cover a much wider range of activity. For example, according to the Wall Street Journal unions now have to report their spending on everything from polling and voter contact “to bratwursts to feed Wisconsin workers protesting at the state capitol last year.”

The article’s authors posit that this previously unheralded spending could help labor provide a “stronger counterweight than commonly realized to ‘Super PACs’.” But, they acknowledge that corporations are not covered by any corresponding disclosure requirements.

More entries in the News Without Transparency series can be seen at the brand new landing page Redacted.Sunlightfoundation.com

"The News Without Transparency" shows you what the news would look like without public access to information. Laws and regulations that force the government to make the data it has publicly available are absolutely vital, along with services that take that raw data and make it easy for reporters to write sentences like the ones we've redacted in the piece above. View the entire series here! If you have an article you'd like us to put through the redaction machine, please send us an email at rsibley@sunlightfoundation.com.

The News Without Transparency: DEA FOIA rejections have increased 114 percent since the end of Bush administration

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FOIA.gov can’t improve federal agencies’ Freedom of Information Act (FOIA) compliance. But, it can help expose their FOIA deficiencies. Last month, Reason.com dug into FOIA.gov data for a piece on the Drug Enforcement Administration’s (DEA) FOIA performance during the Obama Administration. The report found that the DEA has increased its use of various exceptions to the FOIA over the first several years of the Obama administration. In 2011 the agency claimed over 1,000 more exemptions than in 2008. While this analysis would have been possible before the launch of FOIA.gov, the information available through the web portal likely made the process less complicated and time consuming. As illustrated by the NSA Archive’s Dan Jenkins, FOIA.gov aggregates data that was previously very hard to parse:

The new FOIA.gov is certainly an attractive website and does a tremendous job aggregating FOIA data.  Based on my own personal experience with the FOIA audit, trying to get this kind of aggregated data is downright frustrating.  Before the new FOIA.gov, the only options for getting these kind of numbers was to either check the wildly inconsistent (in content and availability) FOIA report summaries from the FOIA Post or sitting down and going through each agency FOIA report with a calculator and Job’s patience.

FOIA.gov was launched as the “flagship initiative” of the Justice Department’s open government plan. It provides a one stop source for information about the FOIA process, “allowing the public to easily track information about FOIA compliance.” The portal provides data on individual agencies’ FOIA performance, including information on the number of requests received, released, and denied by each federal agency. It also helps citizens utilize the FOIA, explaining how to format a request, identifying the appropriate place at each agency to direct it, and answering other frequently asked questions. FOIA.gov has received some criticism from watchdog groups for having technical issues and low data quality. But, it has also helped inform journalists, members of Congress and the public. ---- "The News Without Transparency" shows you what the news would look like without public access to information. Laws and regulations that force the government to make the data it has publicly available are absolutely vital, along with services that take that raw data and make it easy for reporters to write sentences like the ones we've redacted in the piece above. If you have an article you'd like us to put through the redaction machine, please send us an email at rsibley@sunlightfoundation.com.

The News Without Transparency - Region is Reshaped As Minorities Go to Suburbs

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The American Community Survey is a project of the Census Bureau that collects demographic, economic, and other data from a random sampling of addresses in the United States and Puerto Rico on a regular basis. It informs decision making by government and business, and supports a variety of journalistic endeavors. It is also under attack by the United States House of Representatives. Data from the survey helped inform a December 2010 New York Times analysis of population trends in the New York region. The piece, much of which would not have been possible to write without the data released by the Census Bureau, found that minority populations are rapidly expanding in the suburbs, while whites are moving back into denser urban neighborhoods. The ACS, and the type of analysis that it enables, has wide appeal. In addition to journalists, the ACS is valuable to governments trying to allocate funds and provide essential services as well as businesses deciding where to locate, advertise and ship their products. ACS data is updated on a yearly basis, making it more dynamic and potentially useful than normal census data. For example, Target uses ACS data to understand changing demographics at their urban, suburban and rural locations. They use this analysis to stock their stores more efficiently and effectively. Meanwhile, academics in Portland, OR used ACS data to analyze and predict enrollment trends in Portland Public Schools. This sort of insight can help school systems allocate funding and other resources in a more effective manner. The ACS has the support of business groups, like the U.S. Chamber of Commerce and the National Retail Federation, community planners, librarians and a range of non-profit groups organizations. However, the House of Representatives recently voted to defund the survey, arguing that it is an “intrusive...inappropriate use of taxpayer dollars.” Proponents of the survey contend that the data provides valuable insight about the state of the American economy and gives the US government and businesses a leg up over other nations that do not collect such detailed data. Funding for the ACS is included in the appropriations bill for Commerce, Justice and Science programs. The Senate is expected to take up the bill soon. While it is unlikely to fully defund the ACS entirely, it may agree to a compromise with the House that will make the survey voluntary, a move experts say would increase its cost and lower the quality of its data. The Joint Economic Committee is holding a hearing on Tuesday, June 19th to explore the economic impact of ending or reducing funding for the ACS. ----- "The News Without Transparency" shows you what the news would look like without public access to information. Laws and regulations that force the government to make the data it has publicly available are absolutely vital, along with services that take that raw data and make it easy for reporters to write sentences like the ones we've redacted in the piece above. If you have an article you'd like us to put through the redaction machine, please send us an email at rsibley@sunlightfoundation.com.

News Without Transparency: Albany Lobbying is Recession Proof

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Lobbying is big business in New York. Earlier this year, the Legislative Gazette highlighted the record $220 million that lobbyists spent in 2011 to influence the state government. That amount marked a 175 percent increase in lobbying spending since 2001. The story would not have been possible without New York’s Joint Commission on Public Ethics’ 2011 annual report. In addition to spending information, the report revealed that the Commission opened 134 investigations into alleged ethics and lobbying violations and issued 19 notices of reasonable cause last year. The Joint Commission is responsible for policing state lawmakers and candidates, legislative and executive branch employees, political party chairs, lobbyists, and their clients. It also maintains ethics and lobbying disclosure databases. New York’s Attorney General Eric T. Schneiderman utilized the Joint Commission’s lobbying database for the recently launched NYOpenGovernment.com. The site provides a one stop shop for public access to state campaign finance, lobbying, and contract data. The Joint Commission on Public Ethics was created as part of the state’s ongoing efforts to track and police political influence and integrity. It was instituted under the Public Integrity Reform Act of 2011 (S.5679/A.8301). It fills the role of the now defunct Commission on Public Integrity, but has broader oversight authority. The original Commission on Public Integrity was created in 2007 and merged the powers of previous ethics and lobbying commissions. It was involved in several high profile investigations during its short existence, but lacked oversight powers over New York’s notoriously corrupt legislature. ----- "The News Without Transparency" shows you what the news would look like without public access to information. Laws and regulations that force the government to make the data it has publicly available are absolutely vital, along with services that take that raw data and make it easy for reporters to write sentences like the ones we've redacted in the piece above. If you have an article you'd like us to put through the redaction machine, please send us an email at rsibley@sunlightfoundation.com.

News Without Transparency: House Passes Bridge BIll After an Earmark Debate

by PolicyFellow
Matt Rumsey and Melanie Buck wrote this post.  Earlier this spring, the New York Times reported that the House approved bipartisan legislation allowing construction of a new bridge crossing Minnesota and Wisconsin. At the price of $700 million the bridge will connect two towns, each with 4,000 residents. Much of the information included in the article can be accessed via Congress’ online legislative information system, THOMAS. THOMAS was launched as part of Newt Gingrich’s efforts to modernize House technology following the 1994 elections and continues to provide an outlet for increasing public access to government information. Using THOMAS you can access the text of the legislation as well as information on votes, sponsors, and related bills. The article states that “the vote was 339 to 80, with 16 Republicans and 64 Democrats voting against the measure.” Roll call votes are recorded by the Clerk of the House and can be accessed through either the Clerk’s website or in a centralized THOMAS location. House rules mandate that most votes are recorded electronic device. Vote information is then published in the Congressional record and posted online. Critics of the bill claimed that the legislation effectively served as an earmark, approving a specific project in its sponsors’ congressional district and including $8 million that had previously been earmarked for the project. Since Congress decided to ban earmarks in late fall 2010, it has frequently been reported that similar projects are still being funded through various loopholes. Prior to the earmark ban, both the House and Senate required that earmark requests be reported to the Office of Management and Budget. It is still possible to search for earmarks between FY 2005 and FY 2010 using the OMB database. The new bridge is intended to replace The Stillwater Lift Bridge, originally built in 1931. The article states that while the bridge was initially intended for light traffic, it now carries 16,000 cars per day. This information can be confirmed by  accessing a public website maintained by the Minnesota Department of Transportation. -----
"The News Without Transparency" shows you what the news would look like without public access to information. Laws and regulations that force the government to make the data it has publicly available are absolutely vital, along with services that take that raw data and make it easy for reporters to write sentences like the ones we've redacted in the piece above. If you have an article you'd like us to put through the redaction machine, please send us an email at mbuck@sunlightfoundation.com.

News Without Transparency: GSA Chief Resigns Amid Reports of Excessive Spending

by Melanie Buck
This post was written in conjunction with Policy Fellow Matt Rumsey. Earlier this week the chief of the General Services Administration resigned and two of her top deputies were fired. The Washington Post reported the shake up along with details about excessive spending and mismanagement surrounding the 2010 Western Regions Conference that triggered it. This report would not have been possible without public access to the GSA Inspector General's report on the conference and the help of a whistleblower. The Washington Post highlights the following details from the GSA conference spending drawn from GSA IG Brian D. Miller's "scathing" report on the conference:
  • A total conference cost of $823,000.
  • "$130,000 in travel expenses for six scouting trips"
  • "$5,600 for three semi-private catered in-room parties" including a "$2,000 party in [Public Buildings Service chief] Peck's loft suite"
  • A "$31,208... 'networking' reception [that] featured a $19-per-person artisanal cheese display and $7,000 of sushi."
  • "$44 per person daily breakfasts"
  • "$75,000 for a 'team-building' exercise — the goal was to build a bicycle"
  • "$146,000 on catered food and drinks"
  • "$6,325 on commemorative coins in velvet boxes to reward all participants for their work on stimulus projects"
  • "employees received “yearbooks” with their pictures, at a cost of $8,130"
The Inspector General Reform Act of 2008 mandates that reports such as this one be made publicly available online. Specifically, an amendment offered by then-Representative Kirsten Gillibrand (D-NY) requires IGs to post copies of audit reports to their websites within one day of their release. The Senate considered a similar bill before eventually passing the House version. The Sunlight Foundation supported that bill and praised a provision similar to the Gillibrand amendment. The Washington Post article states that Miller credits Susan Brita, a GSA deputy administrator, for blowing the whistle on the wasteful spending. Without her tip, the IG report and subsequent Post article might not have been possible. Internal whistleblowers often play critical roles in identifying and eliminating government waste, but many would-be whistleblowers stay quiet in fear of the retaliation they may face for their actions. Last summer, the Advisory Committee on Transparency held an event focused on encouraging and protecting federal whistleblowers. More recently, a Senate committee moved to strengthen whistleblower protections. It is also worth noting that the GSA is far from the only government agency to experience spending irregularities. The Sunlight Foundation tracks discrepancies in funding information between USAspending.gov and the Catalog of Federal Domestic Assistance, and the results are sometimes shocking. For example, in 2010, we found $1,306,120,795,761 of funding discrepancies. ----- "The News Without Transparency" shows you what the news would look like without public access to information. Laws and regulations that force the government to make the data it has publicly available are absolutely vital, along with services that take that raw data and make it easy for reporters to write sentences like the ones we've redacted in the piece above. If you have an article you'd like us to put through the redaction machine, please send us an email at mbuck@sunlightfoundation.com.

The News Without Transparency: $10 Million Fine on Red Cross Highlights its Troubled History of Blood Services

by Melanie Buck

Policy Intern Cassandra LaRussa researched and wrote this post.

In February, ProPublica reported on an almost $10 million fine imposed on the Red Cross by the Food and Drug Administration. The article highlights several safety violations including the following:

  • Red Cross “offices have been chronically understaffed, and simply haven’t been able to carry out their required functions in a timely or effective manner”
  • Red Cross “failed to follow written procedures, such as the case of a phlebotomist in Arizona who stuck herself with a needle before sticking a donor with the same needle to draw blood”
  • Red Cross “failed to review records of donors who had bad reactions, such as a sixteen year old girl who lost consciousness and fell to the floor after giving a unit of blood”

Each of these, and many other violations, are outlined in the FDA’s Adverse Determination Letter to the Red Cross that was accessed via the FDA Office of Regulatory Affairs FOIA Electronic Reading Room on the FDA’s website. It is unlikely that ProPublica would have information about the specific violations that led to the monetary penalties without access to this letter.

The Electronic Freedom of Information Act Amendments of 1996 required electronic reading rooms contain documents in the public interest. The FDA sites the following guidelines for deciding which documents will be made available in the reading rooms:

"We are making these records publicly available either (1) proactively at our discretion or (2) because they are "frequently requested" per the Electronic Freedom of Information Act Amendments of 1996."

While the FDA determined that the “Adverse Determination Letter to the Red Cross” should be public, either through actual or anticipated requests, there is no legislative or agency requirement that the letter must be available to the public. Additionally, the requirements for making documents public are vague and they don’t guarantee that all documents that are of public interest – like ones similar to the letter to the Red Cross — will be placed in the reading rooms.

According to the 2010 FDA Transparency Initiative Report, documents are proactively posted in the Electronic Reading Room “when a high level of public interest is anticipated.” In addition, the report explains that the “FDA may post in the ORA Electronic Reading Room ‘frequently requested’ inspection reports as defined by the Electronic Freedom of Information Act Amendments of 1996.”

These amendments to FOIA attempt to clarify what documents will be placed in an electronic reading room.

"(D) copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and (E) a general index of the records referred to under subparagraph (D)”

"The News Without Transparency" shows you what the news would look like without public access to information. Laws and regulations that force the government to make the data it has publicly available are absolutely vital, along with services that take that raw data and make it easy for reporters to write sentences like the ones we've redacted in the piece above. If you have an article you'd like us to put through the redaction machine, please send us an email at mbuck@sunlightfoundation.com.

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