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Sep 30, 2010

Congressman Grijalva Asks, "What happened to that Magically Disappearing Oil Spill?"

So how did the Administration calculate the size of the BP oil spill and determine that it all seemed to go away?  Congressman Raul Grijalva, D-Ariz., plans on getting to the bottom of this. 

In letters to the Coast Guard, National Oceanic and Atmospheric Administration (NOAA), and the United States Geological Survey, he asked to see all drafts of reports regarding the oil spill.  He also asked to see emails.

“Because our legal system will assess financial responsibility for the spill in terms of the amount of oil released, the long-standing practice of severely underestimating the spill’s size concerns me greatly,” Rep. Grijalva’s letters state.

Where do we begin? For the first few months after the oil spill, the Obama Administration seemed to be nothing but chummy with BP. For a while there, it was hard to tell where the Obama Administration ended, and where BP began.

Continue reading "Congressman Grijalva Asks, "What happened to that Magically Disappearing Oil Spill?"" »

FAPIIS Update: New Data Entry Procedures; Public Version Still M.I.A.

Feast your eyes on FAPIIS It’s been almost six months since the federal government’s new contractor integrity and performance database, the Federal Awardee Performance and Integrity Information System (FAPIIS), has gone live, and contracting officials are putting the finishing touches on policies and procedures regarding its use.

This new rule, which will go into effect at the end of October, instructs contracting officers on how to enter information into the database. It sets forth requirements for contracting officers to report instances of defective cost or pricing data and contracts or grants that were terminated for cause or default.

 

Continue reading "FAPIIS Update: New Data Entry Procedures; Public Version Still M.I.A." »

Morning Smoke: Key Congressional Committee Says a Nation at War Cannot Afford Pentagon Budget Cuts

No Cuts Now, HASC Tells DoD by Colin Clark [DoD Buzz]

U.S. Reviews FDA Scientists' Complaints by Alicia Mundy [The Wall Street Journal]

GAO Gains a Foothold in Intelligence Oversight by Steven Aftergood [Secrecy News]

Supreme Court Takes Up A-12 Case by Colin Clark [DoD Buzz]

High-ranking regional Defense audit official leaves agency by Robert Brodsky [Government Executive]

Interior institutes scientific integrity policy by Katherine McIntire Peters [Government Executive]

Behind the Censorship of Operation Dark Heart by Steven Aftergood [Secrecy News]

Super Hornet price tag spiraling ... downward? by Stephen Trimble [The DEW Line]

GAO: Defense finance systems $6.9 billion over budget, years behind schedule by Katherine McIntire Peters [Nextgov]

Army fights contracting workforce attrition by Edward Harrington [Federal News Radio]

Inspectors General to Help Oversee Classification by Steven Aftergood [Secrecy News]

Budget Resolution Includes $23 Million for Oil Rig Inspections by Andrew Restuccia [The Washington Independent]

Glaxo's Avandia Cover-Up by Paul Thacker [Mother Jones]

Oops! F.D.A. Error Is Talk of Henhouse by William Neuman [The New York Times]

 

Sep 29, 2010

Whistleblower Office Vindicates FAA Whistleblower, But Questions Remain On Hundreds Of Improperly Closed Cases

The federal Office of Special Counsel (OSC) yesterday announced that it substantiated the findings of Federal Aviation Administration (FAA) whistleblower Robert Spahr.  Spahr, who is an aviation safety inspector, reported to the OSC that the FAA’s flight standards district office in Pittsburgh and the FAA Eastern Division Regional Office violated regulations by failing to take action against three entities regulated by the FAA.

CNN’s Allen Chenoff reports that “Erie Aviation, a repair station operator that services commercial airlines; C.J. Systems, which pilots helicopters for hospitals around the country; and Air Charter Service, an operator of private charter flights,” were the three entities FAA failed to take action against.  Enforcement actions should have been taken in response to mechanical deficiencies and false entries in aircraft logs, according to the OSC.

But questions still remain about OSC’s previous work with whistleblowers, including those at the FAA and Federal Air Marshal Service (the subject of a 2008 POGO report).  Under Scott Bloch, the former Special Counsel who pled guilty to lying to Congress, literally hundreds of whistleblowers’ cases were closed without investigation. 

A few weeks ago, CNN featured another FAA whistleblower in that agency’s Eastern Division who says he’s been a victim of OSC’s dereliction of duty.  Richard Wyeroski, a former FAA safety inspector in the Farmington, N.Y., office, told OSC that his FAA managers did not want a runway incursion incident at Long Island MacArthur Airport reported in order “to keep incursion numbers down.” Runway incursions occur when aircraft are not where they are supposed to be on a runway, and can result in near misses of aircraft and even aircraft collisions.  The development of mechanisms to prevent runway incursions has been on the National Transportation Safety Board’s Most Wanted List for years.

Wyerocki said he “was harassed for reporting this serious runway incursion through the Program Tracking Reporting System” maintained by FAA. 

“Wyeroski says his supervisor also tried to prevent him from earning this aviation inspection certificate and then terminated him in late 2002, falsely claiming Wyeroski had lied on his certificate application,” according to a CNN transcript.

The FAA did not respond to CNN’s request for a comment.  Days after the CNN segment on Wyeroski ran, Rep. Steve Israel, D-N.Y., wrote to the William Reukauf, the Acting Special Counsel, asking for a “full investigation” into Wyeroski’s allegations.

-- Nick Schwellenbach

Dept. of Energy Investigating Armed Livermore Lab Guards' Trip to the Airport

 
The San Jose Mercury News reports that the Department of Energy (DOE) is investigating an incident that suggests poor off-site protocol for the Livermore Lab guard force—as well as a possible misuse of Lab security resources and personnel.

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DOE’s investigation centers on events that occurred last Saturday, when two heavily armed guards from Lawrence Livermore National Laboratory strolled around the baggage area of the San Jose International Airport waiting for another security staffer to arrive from a flight. They were armed with assault rifles strapped to their chests and pistols in their holsters, with difficult-to-see identification on the battle dress uniforms.

DOE sources tell POGO that Livermore guards have no authority beyond the fence line of the Lab, except when they are in hot pursuit of someone who has stolen highly enriched uranium or plutonium. 

Violating standard law enforcement procedures, the Livermore guards did not inform the San Jose police of their whereabouts, a Lab spokesman told the Mercury News.

Considering the past security debacles at the Lab, POGO thinks that security should be taken much more seriously than this incident suggests. We doubt this incident means that security is so improved at Livermore Lab that some of its guard force can be out running errands instead of guarding the Lab’s stock of nuclear materials. In 2008, POGO released a report calling for the removal of special nuclear materials from Livermore Lab due to security concerns.  Soon after that report's release, POGO and Time Magazine reported that Livermore Lab failed security performance tests in which mock terrorists were able to steal highly enriched uranium and assemble an improvised nuclear device on-site.

-- Peter Stockton

Morning Smoke: DHHS Re-Opens Key Investigation Into Alleged Violations at FDA Device Center

Feds reopen probe into medical scanner approvals by Matthew Perrone [Associated Press]

Senator calls for permanent wartime contracting watchdog by Katherine McIntire Peters [Government Executive]

Inspectors General to Help Oversee Classification by Steven Aftergood [Secrecy News]

Pelosi: No ‘retreat’ on GAO and spy agencies by Jeff Stein [Spy Talk]

DNI may win expanded shield from FOIA by Josh Gerstein [Politico]

DOJ Asks Congress to Restore Fraud Powers by Diego M. Radzinschi [The BLT: The Blog of the Legal Times]

DOE Inspector General Questions Renewables Office's Stimulus Hiring, Contracting by Emily Yehle [The New York Times]

FDA: New Rules To Report Safety Info From Trials by Ed Silverman [Pharmalot]

Lakewood-based agency hopes to close book on lurid MMS flap by Michael Riley [The Denver Post]

Recovery.gov a model for transparency by Gregory Korte [Federal Times]

Panel Says Lack Of Subpoena Power Hinders Oil Spill Probe by Siobhan Hughes [Dow Jones Newswires]

More Oversight Needed for Buffett-Style Investors: SEC by Scott Cohn [CNBC]

Hearings:

Improving Financial Accountability at the Department of Defense [Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security]

Sep 28, 2010

Investigation into Wrongdoing at FDA Re-Opened: But Will It Be Different This Time?

The Associated Press reports that the Department of Health and Human Services (DHHS) has re-opened an investigation into allegations of egregious wrongdoing at the FDA’s Center for Devices and Radiological Health (CDRH), the FDA center responsible for approval of medical devices.

But will the investigation fully address the many serious violations of FDA regulations alleged by whistleblowers within the agency? And will it address whistleblower claims—claims that POGO believes to be valid—of retaliation?

An initial investigation, completed in 2009, effectively ignored the whistleblower complaints that prompted the investigation.

In a letter sent today HHS Deputy Inspector General Gerry Roy—the newly appointed head of the DHHS Office of Investigations—POGO reviewed the deep flaws of the initial investigation, which was conducted by Roy's predecessor, and expressed concern that failing to conduct a more thorough investigation would have serious consequences:

We remain gravely concerned that current FDA leadership is hiding behind the seemingly favorable outcome of the 2009 investigation and is using this outcome as an excuse for not taking the necessary corrective actions. The result: tragic injuries and deaths caused by defective medical devices. The approval by FDA of these defective devices was and continues to be enabled by the wrongdoing never addressed by the 2009 investigation.

The letter also details four case studies in which the FDA approved—or is on its way to approving—a device for marketing despite strong recommendations against doing so by expert physicians and scientists in the FDA. In some instances, whistleblowers said they were retaliated against after they called the agency's attention to the undue risk created by a device and urged the FDA to reject the manufacturer's request that the device be approved for marketing.

For over two years, FDA whistleblowers have alleged that serious wrongdoing at the agency, including repeated violations of FDA regulations, has compromised the safety of medical devices.

Find more details about this issue in POGO's letter to Gerry Roy.

--  Ned Feder

See also:

Morning Smoke: Has the White House Adequately Addressed Inherent Conflicts in Offshore Regulation?

Morningsmoke Reorganization of Minerals Management Service raises doubts by Katherine McIntire Peters [Government Executive]

Defense goes all-in for incumbents by Jen DiMascio [Politico]

What's Long, Hard, and Wrapped in a "Wal-Mart Tarp"? by Adam Weinstein [Mother Jones]

Spill panel: Federal confusion lost public trust by Seth Borenstein and Dina Cappiello [Associated Press]

Key Interior Department Offshore Drilling Report to Come ‘Later This Week’ by Andrew Restuccia [The Washington Independent]

Royalty-in-kind program winding down by Sean Reilly [Fedline]

FBI cheating confirmed by Justice Department by Jeff Stein [Spy Talk]

Contract confusion by Sean Reilly [Fedline]

FOIA, Trade Secrets, and More from CRS by Steven Aftergood [Secrecy News]

Econ Vacancy May Hinder Reg Reform by Dan Freed [The Street]

FDIC Delays Resolution Rule, Approves Risk Measure by  Phil Mattingly [Bloomberg]

Recalled Drugs Tied to Heart Risk Spurs Call for FDA Review by Catherine Larkin [Bloomberg]

Physician Conflicts of Interest by Lisa Price [MD News]

Sep 27, 2010

Avandia: What Message Is FDA Sending to Industry and the Public?

Late last week, the Food and Drug Administration (FDA) announced that they were severely restricting use of GlaxoSmithKline’s controversial diabetes drug Avandia because of an increased risk of heart attacks. Minutes before the announcement, the European Medicines Agency, the regulator of drugs in the EU, stated that they were yanking Avandia from the market in Europe.

These tight restrictions mean that Avandia is essentially done, and will probably disappear as a therapy in this country. But one question remains: why didn’t the agency just show a little courage and yank the drug?

Who are they afraid of? The Wall Street Journal’s editorial page?

During a phone call with journalists, Janet Woodcock, who heads the drug division at the FDA, said that the agency was not pulling Avandia like the Europeans because of scientific “uncertainty” as to whether the drug is really dangerous.

Oh really?

Well, let’s review the behavior of the FDA and GlaxoSmithKline (GSK) on Avandia.

 

  • 2000 – Shortly after Avandia comes on the market, a professor at the University of North Carolina speaks out publicly and warns that the drug may cause heart disease. GSK executives silence him by complaining to his department chair.

  • September 2005 – GSK submits an analysis of published data called a meta-analysis to the FDA showing that Avandia may cause heart attacks. FDA does nothing.

Continue reading "Avandia: What Message Is FDA Sending to Industry and the Public?" »

Morning Smoke: Avandia Decision Signals New Approach at FDA

MorningsmokeNew F.D.A.: Transparence and Flexibility by Gardiner Harris [The New York Times]

Avandia: Lessons Learned & Unanswered Questions by Ed Silverman [Pharmalot]

Congress passes new TARP-like program by Ryan Holeywell [Bailoutsleuth]

DoD needs robust acquisition work force [Federal Times editorial]

Fact-check on F-35 alternate engine debate by Stephen Trimble [The DEW Line]

Gas Blasts Spur Questions on Oversight by Andrew W. Lehren [The New York Times]

Experts question BP's take on Gulf oil spill by Dina Cappiello [Associated Press]

US Regulator sets October GSK Deadline by Andrew Jack [Financial Times]

FINRA lips sealed as board mulls disclosure reforms by Joseph A. Giannone [Reuters]

More on Y-12's aged 9212 complex by Frank Munger [Atomic City Underground]

IG report: Noncompetitive contracts, exec perks at USPS by Sean Reilly [Federal Times]

Work Underway On Dodd-Frank Exec Pay Rules by Jeremy Borden [Center for Public Integrity]

GlobalOptions sues ex-exec in security firms tiff by Jeff Stein [SpyTalk]

Travel Safety Recommendations Ignored for Years by Ryan Phillips and Aarti Shahani [Center for Public Integrity / News21]

Sep 24, 2010

Your Input Needed: How to Evaluate Open Government?

POGO, as part of an effort spearheaded by the folks at OpenTheGovernment.org, will soon be helping evaluate the openness of agencies in the executive branch.

But before that process begins, we want to make sure to have input from the public.

The evaluation will be divided into three parts:

 

 

Please take a look at the proposal for the framework of the evaluation and leave a comment to let us know your thoughts. The current deadline for submitting feedback is October 4.

You can find more information about the creation of this evaluation here.

Earlier this year, POGO evaluated the Open Government Plans of the Department of Defense (DoD), Department of Energy (DOE), Nuclear Regulatory Commission (NRC), and the Merit Systems Protection Board (MSPB).

-- Bryan Rahija

See also

Morning Smoke: This Year in Iraq and Afghanistan: Contractor Deaths > Military Deaths

Morningsmoke This Year, Contractor Deaths Exceed Military Ones in Iraq and Afghanistan by T. Christian Miller [ProPublica]

Oil and Gas Pipeline Disasters Fail to Spur Bill Bolstering Oversight by Elana Schor [Greenwire]

Former Marine Corps sniper and security contractor Shane Schmidt dies at 33 by Emma Brown [The Washington Post]

4 senators urge Obama to fire Afghanistan watchdog by Richard Lardner [Associated Press]

Academic Study Confirms Passing Through 'Revolving Door' Pays Off [OpenSecrets Blog]

Volcker Spares No One in Broad Critique by Damian Paletta [Real Time Economics]

TARP Watchdog Bulks Up by Deborah Solomon [Washington Wire]

FBI to Help SEC Monitor Financial Fraud Tips by Andrew Ramonas [Main Justice]

Hidden Under Tax-Exempt Cloak, Political Dollars Flow by Mike McIntire [The New York Times]

Massey managers sue to block disaster interviews by Ken Ward Jr. [The Charleston Gazette]

FDA Restricts Avandia, Europe Suspends The Drug by Ed Silverman [Pharmalot]