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Impact

2020

POGO Reveals Thousands of Civilian Mariners Stuck on Navy Ships 
At the outset of the COVID-19 pandemic, POGO established a tip line where anyone could report concerns about the federal government’s response. One of the anonymous tips we received prompted an investigation into the merchant mariners, civilian workers who sometimes work aboard Navy ships. We found that the commander of the Military Sealift Command (which commands the civilian crew) ordered merchant mariners to stay aboard ships, but military personnel and contractors were permitted to enter and leave the ship, leaving the mariners at risk of contracting the virus. Ultimately, POGO’s investigation forced the Navy to retract their claim that there were no COVID-19 cases on a particular Navy ship.

POGO Pushes Government to Advise Healthcare Workers of Their Rights
After POGO pointed out that the Department of Labor’s Occupational Safety and Health Administration (OSHA) remained silent following reports that healthcare workers were fired for reporting health and safety risks, OSHA sent out a press release reminding “employers that they cannot retaliate against workers reporting unsafe conditions during the coronavirus pandemic.” 

We originally flagged OSHA’s silence in a report and followed up with a letter to the agency, calling on OSHA to issue guidance about health care workers’ whistleblower protections. OSHA’s press release came one day after POGO contacted the agency.

Dentists Open Wide After Lobbyist Pressure
POGO recently uncovered that the American Dental Association (ADA) lobbied the Centers for Disease Control and Prevention (CDC) to lift restrictions on non-emergency dental appointments, despite the risks of working in an industry where the equipment “blows virus like a spray gun out of any mouth of anyone coming in,” according to one dentist. 

We also found that the ADA used its power—“equivalent to the NRA,” according to one Republican lawmaker—to move dentists up the line of priority for personal protective equipment, even as hospitals around the country continued to suffer shortages.

NPR Features POGO Report on All Things Considered
Based on internal documents POGO obtained as part of our lawsuit against the Department of Homeland Security (DHS), we published an investigation into deficiencies in medical care at two Immigration and Customs Enforcement (ICE) detention centers that led to preventable deaths in 2017 and 2018. Those same detention centers saw coronavirus cases this year. 

In order to prevent massive outbreaks among detainees, staff, and surrounding communities, we recommended that ICE reduce the detained population, increase testing, and require prompt and accurate reporting from its facilities. Following our investigation, NPR featured our report on its show All Things Considered.

No, We Shouldn’t Bail Out Boeing
When Congress drafted the COVID-19 relief legislation in an attempt to mitigate the economic fallout of the pandemic, major Pentagon contractors like Boeing went to the front of the line to ask for billions in taxpayer dollars. POGO emphasized why Boeing and its competitors did not deserve a bailout: after the 2008 economic crash, Boeing spent nearly $43 billion in stock buybacks upon receiving government bailout funds—instead of investing in its workforce. Fortunately, after public pressure, Boeing announced that it would withdraw its application for relief funding.

POGO Helps Create Oversight Mechanism for Coronavirus Relief Bill
In order to avoid crony capitalists from profiting on the emerging economic disaster by robbing taxpayers, POGO pushed for the creation of the Pandemic Response Accountability Committee to oversee all spending, lending, and other outflows appropriated for coronavirus relief.

COVID-19 and the Constitution Podcast Series
This quarter, The Constitution Project (TCP) at POGO launched a five-part podcast series that brought together the press and experts on public health, constitutional rights, and emergency powers to examine the risks COVID-19 has created for travel, surveillance, the criminal justice system, immigration, and the First Amendment, as well as what safeguards the government should put in place to protect your rights. 

The series highlighted many problems that existed before the pandemic and have been exacerbated by it, such as those relating to immigrant detention and the courts. These problems include cramped and unsafe living conditions that increase the risk of spreading the virus and threats to constitutional rights like access to a speedy trial and attorneys. 

It also examined newer challenges for First Amendment rights—freedom of speech and religion in particular—given social distancing needs and lockdown orders. With unprecedented restrictions on travel, experts broke down what powers the government has and discussed policies that should be designed to both protect the public health and our constitutional rights. 

In July, Representative Jackie Speier (D-CA) introduced legislation to protect privacy in contract tracing based on TCP’s recommendations.

Asking Hard Questions During Difficult Times
Times of crisis require extraordinary actions. But in these moments, the risk that our constitutional rights and civil liberties are eroded increases as well. The Constitution Project at POGO released a limited-run podcast series examining the risks COVID-19 has created for our civil liberties. Listen now: pogo.org/covid-constitution-podcast

2019

Telecommunications Industry Influence
This quarter, we released twoinvestigations on the way the Federal Communications Commission (FCC) secures our telecommunications infrastructure. Here’s what you need to know:

We found that the FCC has repeatedly failed to fix a critical vulnerability in an important system that connects all of America’s phones. A lack of in-house technical expertise leaves the FCC relying on advice from the very companies it’s supposed to oversee.

Our second investigation examined an FCC advisory panel on telecom infrastructure security and found extensive industry influence: Over two-thirds of the 183 panel members represented industry. Our work prompted a Senator and Representative to launch a formal investigation.

Former Chemical Lobbyist Sidelined EPA Chemical Study
We released an analysis highlighting the fact that a former head of chemical policy at Koch Industries, David Dunlap, now helps run the Environmental Protection Agency’s (EPA) main science office and made key decisions regarding which chemicals to evaluate for health dangers.

Ultimately, the EPA stopped a study on formaldehyde—one of the chemicals Dunlap dealt with at Koch industries—despite twenty years of preparation. The study reportedly contained information showing a link between formaldehyde and cancer—a conclusion that likely would have led to increased regulation and decreased sales of the chemical. In an attempt to appear to comply with ethics rules, Dunlap recused himself the day of the decision. And the EPA’s ethics officials allowed it.

Scrapped Instead of Sold: The Cost of Crushing Humvees
We found that the military is paying to crush tens of thousands of usable Humvees when it could legally donate or sell them—and the Pentagon itself estimates that it may have left at least $156 million on the tablein the first six years of the program. Our analysis finds that the total financial impact (which includes lost savings for the military) is far greater.

The vehicles are not only costly to produce but also costly to destroy. Yet the agency responsible for processing surplus military equipment states that federal regulations force it to destroy the Humvees instead of selling them to recover tax dollars.

House Appropriators Reject Proposal to Create Space Bureaucracy
Dan Grazier, POGO’s Jack Shanahan Military Fellow, testified before Congress this past month urging them to reject a proposal to add to the military bureaucracy by creating an independent Space Force.

Dan argued that “there are pressing military concerns in space, but space operations are a supporting function for the existing services.”

We see no need for a redundant force, especially since the existing services would have also maintained their own space assets under the proposal.

The House Appropriations Defense Subcommittee agreed—it rejected the proposal to create a separate space bureaucracy.

Facial Recognition Report Gains Major Traction in Congress
We were encouraged when Representative Justin Amash (I-MI) asked questions that POGO recommended during a facial recognition hearing and found that the FBI does not currently use real-time facial recognition. Real-time facial recognition has especially high levels of misidentification, which could pose a threat for innocent individuals if law enforcement officials use real-time facial recognition to identify alleged criminals.

Not only did Congress use our questions, but Members recognized TCP’s groundbreaking work as so important that House Oversight Committee Chairman Elijah Cummings (D-MD) entered our facial recognition report into the record during the hearing.

Congress also invited one of our facial recognition task force members to testify during the hearing.

Holding the Judicial Branch Accountable
Over the last several months, we’ve worked with advocacy partners and Members of Congress from across the political spectrum to explore ways to make the federal judiciary more ethical, accountable, and transparent.

Our sustained advocacy is paying off: Congress is interested in making changes. In June, the House Judiciary Courts Subcommittee held a hearing on developing a code of conduct for the Supreme Court, improving financial disclosure practices, and improving transparency on recusal decisions. We provided input about what specific problems the Committee should focus on and reforms it should consider.

New from TCP: Sidebar
In July, we launched Sidebar, the new digital newsletter for TCP. We’ve given a lot of thought to what would be new, exciting, and useful information to our supporters, policymakers, and advocates.

And so, every week, Sidebar features valuable and informative resources, our quick takes on today’s most pressing constitutional issues, and thought-provoking trivia and facts you can share. We will be brief, interesting, and occasionally amusing, and we think it will be worth your time (and space in your inbox).

To subscribe, visit www.pogo.org/subscribe

Money Talks, but POGO Has More to Say
This quarter, the House acted on several of our funding recommendations. In one of these victories, House Financial Services appropriators agreed to provide $1 million for oversight.gov, a central repository that enables the public to easily access nearly all the recent work from the 73 federal inspector general offices.

POGO analyst Sean Moulton recommended this when he testified before the Committee in March, and the House listened.

The House also agreed to fund its new whistleblower office after POGO advocated for creating and funding such an office. POGO believes that the $750,000 provided for the office will provide sufficient resources for it to succeed. Standardizing training and providing resources to help congressional staff better work with whistleblowers will greatly improve the likelihood that committees and personal offices can productively engage with individuals who have personal knowledge of waste, fraud, and abuse in the federal government.

The House has also taken its first step in shining a lighton a secretive office at the Justice Department. The Office of Legal Counsel (OLC) historically has not been required to publish its opinions—as a result, many influential legal opinions that bind the executive branch’s conduct have not been made public.

But POGO suggested (and the House adopted) language that would require OLC to provide Congress a list of all final opinions—with few exceptions—that are in effect, including the name of the person who signed the opinion and the date.

This is the first big step in promoting OLC transparency.

Federal Investigation of Icahn Trading
POGO alerted the SEC to potential abuses of power in the government this quarter when we called on the SEC to investigate Carl Icahn, a former White House adviser, for possible insider trading.

We specifically asked the SEC to look into whether Icahn was provided non-public, market-moving information by government officials. And now investigators are at work: News reports say the U.S. attorney’s office in New York is looking into this matter.

2018

“American Lives at Risk”
Our recent investigation into the security situation at the U.S. Embassy in Nairobi, Kenya caught the attention of the staff on the House and Senate Foreign Affairs Committees who asked for our experts to brief them on our findings. Emails we obtained show that a top American security officer at the U.S. Embassy warned the State Department that there are “American lives at risk” after the embassy dismissed hundreds of security guards over a labor dispute. This came shortly after a terrorist attack in the city killed 21 people. The congressional briefings lead to a private letter sent from Congress to Secretary of State Pompeo asking for answers to the questions our reporting raised. 

POGO Reporting Informs Congressional Questioning
Last fall, we reported in The Daily Beast evidence that ICE officials visited Silicon Valley last June to meet with Amazon. The purpose of the meeting was to pitch the company’s real-time facial matching system. A letter was sent to Amazon CEO Jeff Bezos from seven members of Congress, citing our report and demanding answers to earlier questions about the technology dubbed, “Rekognition,” and its use. Shortly after, Sens. Ron Wyden, Edward Markey and Cory Booker cited our news reporting in a letter asking follow up questions of the deputy director of Immigration and Customs Enforcement on the agency’s efforts to meet with vendors of facial recognition technology.  

Pentagon Revolving Door Database Gains Traction with Media
POGO’s Center for Defense Information team identified 645 instances of senior government officials, military officers, Members of Congress, and senior legislative staff going to work for defense contractors as lobbyists, board members, or executives within two years of retirement. The report determined that 90 percent of cases of senior government officials going to the top 20 contractors became lobbyists—not being valued for their expertise, but for their relationships. These numbers included 25 generals, 9 admirals, 43 lieutenant generals, and 23 vice admirals. Since its release last November, this report and its accompanying database has become a primary source for revolving door stories in the news media including The Washington Post, The Los Angeles Times, Politico, Rolling Stone magazine and countless others. 

Navy Takes Notice
The Navy’s press office sent POGO a response email acknowledging they saw our report on documents we obtained that show the Navy’s F-35C Joint Strike Fighter is almost never fully ready for combat within 30 minutes of us posting it. The fully mission capable rate for the F-35C plunged to zero in December 2017, and the data we obtained shows it remained in the single digits throughout 2018. More than a month after our report, the Government Accountability Office published a very similar F-35 report which validated CDI’s sources and documents. 

States Notice POGO Election Security Report
As a result of our election security report we released this past November, our staff has been working with the National Association of Secretaries of State to recommend that the possibility of wholesale destruction of voter registration databases be included in the Department of Homeland Security’s national tabletop scenario planning exercises. In our recent report we found that 29 states do not have adequate procedures or regulations in place to manage a large-scale provisional ballot system in the event of a voter database hack. Recent news reports about how a foreign actor infiltrated the voter rolls of a county in Florida highlight how realistic this scenario is. 

Congressional Committee Requests Task Force Briefing  
The House Oversight and Reform Committee asked members of our facial recognition task force to brief their staff on the findings of our recent report examining issues related to the technology. The report contained policy recommendations that would ensure constitutional rights are safeguarded while the government increasingly relies on this emerging technology. Our task force included experts from across sectors, including law enforcement. You can read the report at http://bit.ly/facial_rec 

POGO Experts are a Resource for Congress
In the first four months of the year, POGO’s experts have testified or submitted written testimony eight times. Some of the topics we’ve testified on include overhauling executive branch ethics, instituting a code of conduct for the Supreme Court, reforming The National Emergencies Act to rein in executive power, strengthening national security oversight, and requiring the House and Capitol Police Inspectors General to make their reports public.

Think HR 1 Isn’t Bipartisan?
Reps. Virginia Foxx (R-NC) and Harley Rouda (D-CA) introduced the only bipartisan amendment that was included in the final HR 1 bill. The amendment aims to improve disclosure rules surrounding fellowships in the House of Representatives. Multiple investigations by our Lydia Dennett found that the congressional fellow program could be utilized by industry to infiltrate Congress with little to no disclosure. One of the most glaring findings was that the House has *no* disclosure rules to require reporting to track who's footing the fellowship bill. 

Legislative Reform Agenda Released 
POGO’s 116th Congress Baker’s Dozen report on 13 policy areas (hence the name, Baker’s Dozen) which contains 75 individual recommendations. Congress has already introduced bills on a few of our recommendations, and there are a few more bills in the works that haven't been introduced yet. 

"Drilling Down" Series Receives Journalism Award 
The Society for Advancing Business Editing and Writing honored POGO’s “Drilling Down” series by David Hilzenrath and Nicholas Pacifico with the 2018 Best in Business award for explanatory journalism from a small organization. The series explores giveaways to Big Oil, rules hidden away from public scrutiny, and the government’s blind eye to industry takeover—even when lives are at stake. The judges praised the series for picking up “where the headlines leave off, looking into Big Oil and its risks and relationships in Washington.” 

2017

POGO Grows to Meet New Challenges
POGO merged with The Constitution Project, a 20-year-old think tank dedicated to protecting constitutional rights and liberties. In the past, POGO has worked to make the legislative and executive branches more open and accountable. By joining forces with The Constitution Project, we can begin a new chapter in defending democracy by expanding our work to include the judiciary as well.
POGO also grew its staff to include experts on issues ranging from homeland security, surveillance, and federal spending, including Pulitzer Prize-winning national security reporter Mark Thompson.

Eleven-Year Investigation Helped Prompt a FEMA Nominee to Withdraw
Over the last 11 years, we have investigated Daniel Craig, a Federal Emergency Management Agency (FEMA) employee who awarded huge non-competitive contracts after Hurricane Katrina. In August 2006, we submitted a Freedom of Information Act request for any communications between Craig and four companies that each received a $500 million non-competitive contract. He had reportedly sought jobs at each of those companies. In 2017, our exhaustive investigation helped prompt him to withdraw from consideration as President Trump’s nominee for Deputy Administrator of FEMA.

Reported on a String Of Lawsuits Alleging Detention Companies Engage in Involuntary Servitude
POGO Investigator Mia Steinle reported that Immigration and Customs Enforcement (ICE) detainees—who have not been convicted of any crime—work for a $1 per day, violating the 13th Amendment prohibition on involuntary servitude. In one incident at a private prison run by the CoreCivic company, guards threatened to punish detainees for not participating in the “voluntary” work program. POGO’s reporting made clear how ICE detention centers, often run by politically influential and secretive private prison companies, blur the line between detention centers and prisons.

Protected Whistleblower Rights on Multiple Fronts
To commemorate National Whistleblower Day, POGO created a new tool designed to provide current and future whistleblowers more information about their rights. Potential whistleblowers can use the tool, “Know Your Rights: Whistleblower Protections for Federal Sector Employees,” to learn about the legal protections and disclosure rights for various types of federal sector employees.
We reported that Christopher Sharpley, President Trump’s CIA Inspector General nominee, has three open whistleblower retaliation cases against him. If confirmed, he would have to enforce rules he is accused of breaking.Our story influenced the Senate to pause consideration of Sharpley until the whistleblower reprisal investigations are resolved.
We also helped win a small victory for whistleblower rights with the passage of the Chris Kirkpatrick Whistleblower Protection Act. While the bill isn’t perfect, it requires agencies to punish supervisors who retaliate against whistleblowers.

Held Contractors Accountable with Detailed Investigations and Reports
POGO detailed allegations that the contractor KGL, which helps support US troops serving in the Middle East, laundered money and defrauded investors. Our investigation highlighted why we need to reevaluate the military contracting system that has allowed a small number of companies to provide most US logistics support.
In another investigation, POGO revealed that the federal government's 100 largest contractors spent $289 million on political influence in FY2016, and received more than $262 billion in business with the government. To hold these contractors accountable, POGO has long proposed common-sense reforms like requiring contractors to publish their campaign contributions.
POGO continued to update its Federal Contractor Misconduct Database, a compilation of misconduct and alleged misconduct committed by the top federal government contractors since 1995.

Investigated Jeff Sessions' Potential Conflicts of Interest
A decade’s worth of Senate campaign contributions to Attorney General Jeff Sessions pose potential conflicts of interest now that he leads the Justice Department, according to a joint POGO and Mother Jones investigation. The Department is pursuing a case in which an executive at Drummond Coal, an Alabama coal company, and attorneys at Balch & Bingham, a law firm that represented Drummond, are accused of bribing a state lawmaker. While Sessions served in the Senate, political action committees for Drummond and Balch were among Sessions’ top donors. POGO has called on him to recuse himself from the Drummond case. And this is not the only example of a possible conflict for Sessions: POGO found that, at the time of his nomination, one-third of Sessions’ top donors had matters—from contracts to active investigations and lawsuits—pending with the Department.

Encouraged Concurrent Investigations into Russian Meddling in 2016 Presidential Election
Amid growing concerns about Russian influence in the 2016 election, POGO called for concurrent investigations by both Congress and a special counsel. POGO used historical case studies to create a report with best practices for Congressional investigations. Danielle Brian, POGO’s executive director, testified before Congress on the importance of a bipartisan investigation so that the American people can have faith in the electoral system.

Helped Bring Accountability to the F-35 Program
POGO continued our fight to bring accountability to the F-35 Joint Strike Fighter program. Our reporting on F-35 “concurrency orphans”—planes built before the design is finalized and left un-upgraded—helped keep taxpayers from being stuck with $21-40 billion worth of fighter jets that can’t fight. POGO has advocated for a “fly before you buy” strategy to prevent taxpayers from buying untested products. Our reporting has made clear that the most expensive weapons program in history has not lived up to its cost, expectations, or promises.

Saved the Office of Congressional Ethics
In the very first days of 2017, POGO helped to save the Office of Congressional Ethics, an independent watchdog that investigates misconduct and corruption in Congress. A proposed rule would have dismantled the ethics office by placing it under the control of the House Ethics Committee, essentially allowing Congress to oversee itself. After POGO received national press attention for “emphatically condemning” the proposal, around 300 POGO supporters nationwide flooded Congressional phone lines about the rule. POGO’s work ultimately helped convince Congressional leaders not to go ahead with the proposal, saving the office—for now.

Testimony

  1. Written testimony of POGO's Peter Tyler on How Government Can and Should Learn from Previous Disasters, November 15, 2017
  2. Written testimony of POGO's Lydia Dennett on Testimony for Senate Hearing on Foreign Lobbying, July 26, 2017
  3. Testimony of POGO's Danielle Brian before the Senate Committee on the Judiciary, Subcommittee on Crime and Terrorism on “Concurrent Congressional and Criminal Investigations: Lessons from History”, July 11, 2017
  4. Written testimony of POGO's Liz Hempowicz on VA Accountability and Whistleblower Protection Act, May 17, 2017
  5. Written testimony of POGO's Lydia Dennett jointly with civil society organizations, Groups Urge Congress for Foreign Lobbying Reform, May 1, 2017
  6. Testimony of POGO's Elizabeth Hempowicz before the House Oversight and Government Reform Subcommittee on Government Operations on Five Years Later: A Review of the Whistleblower Protection Enhancement Act, February 1, 2017

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