Sunlight Before Signing: Is President Obama Throwing It Under the Bus?

President Obama went to Puerto Rico two weeks ago. If you missed it, that might be because the trip was so brief—a mere four hours. Observing how the president “SEAL-Team-Sixed” it, Jon Stewart speculated that the president was not motivated by love of the island or a campaign promise to revisit it, but by courting Puerto Rican voters in important electoral states. It could be all of the above, of course.

It all reminded me of the president’s “Sunlight Before Signing” promise to post bills Congress sends him online for five days before signing them.

After the president’s dismal start with the promise at the beginning of his term, I speculated once or twice that he would focus on fulfilling campaign promises like Sunlight Before Signing after the mid-term election, when focus turned back to the presidential election coming up in 2012.

Well, the mid-term is behind us, and thoughts are turning to the next presidential election. Has that renewed the White House’s focus on Sunlight Before Signing?

No!

Of the twenty bills sent him by the 112th Congress so far, President Obama has posted only eight online for five days—under half. In fact, the poor numbers so far this year drive his overall tally down to exactly 50 percent compliance (counting in his favor the emergency bill that didn’t require posting). Fifty percent is a threshold he topped with some good Sunlight Before Signing compliance in December.

Number of Bills Emergency Bills Bills Posted Five Days
2009 124 0 6
2010 258 1 186
2011 20 0 8
Overall 402 1 200

As I’ve explored before, the bills that get sunlight lean toward the unimportant—post office renamings, Smithsonian appointments, and such—though a few substantive bills have gotten five days of exposure.

One can only speculate about the thinking in the White House, but there are two likely possibilities:

  1. It may not have crossed anyone’s mind that this clearly stated, measurable promise will have a bearing on the election. But the president’s low compliance with a transparency promise may hand his Republican challenger an issue.
  2. If it has come up, the president and his political advisers may have determined that Sunlight Before Signing is not a big enough issue compared to other political priorities. Getting legislation signed and off the table comes first. Sunlight Before Signing goes under the bus.

We’ll continue to follow the Sunlight Before Signing promise here, calling it the way we see it. It’s up to the president’s challengers and America to decide if this transparency promise is important, or if it’s roadkill.

Public Law Date Presented Date Signed Posted [(Linked)]? Posted Five Days?
P.L. 112-1, To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes 1/28/2011 1/31/2009 [1/28/2009] No
P.L. 112-2, A bill to designate the United States courthouse under construction at 98 West First Street, Yuma, Arizona, as the “John M. Roll United States Courthouse” 2/11/2009 2/17/2009 [2/11/2009] Yes
P.L. 112-3, The FISA Sunsets Extension Act of 2011 2/23/2009 2/25/2009 [2/23/2011 No
P.L. 112-4, The Further Continuing Appropriations Amendments, 2011 3/2/2011 3/2/2011 [3/2/2011] No
P.L. 112-5, The Surface Transportation Extension Act of 2011 3/3/2011 3/4/2011 No No
P.L. 112-6, The Additional Continuing Appropriations Amendments, 2011 3/17/2011 3/18/2011 No No
P.L. 112-7, The Airport and Airway Extension Act of 2011 3/30/2011 3/31/2011 3/30/2011 No
P.L. 112-8, The Department of Defense and Further Additional Continuing Appropriations Act, 2011 4/9/2011 4/9/2011 No No
P.L. 112-9, The Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 4/6/2011 4/14/2011 [4/7/2011] Yes
P.L. 112-10, The Department of Defense and Full-Year Continuing Appropriations Act, 2011 4/15/2011 4/15/2011 [4/14/2011] No
P.L. 112-11, A bill to designate the Federal building and United States courthouse located at 217 West King Street, Martinsburg, West Virginia, as the “W. Craig Broadwater Federal Building and United States Courthouse” 4/14/2011 4/25/2011 [4/14/2011] Yes
P.L. 112-12, A joint resolution providing for the appointment of Stephen M. Case as a citizen regent of the Board of Regents of the Smithsonian Institution 4/14/2011 4/25/2011 [4/14/2011] Yes
P.L. 112-13, To amend the Ronald Reagan Centennial Commission Act to extend the termination date for the Commission, and for other purposes 5/2/2011 5/12/2011 [5/2/2011] Yes
P.L. 112-14, The PATRIOT Sunsets Extension Act of 2011 5/26/2011 5/26/2011 No No
P.L. 112-15, To designate the facility of the United States Postal Service located at 12781 Sir Francis Drake Boulevard in Inverness, California, as the “Specialist Jake Robert Velloza Post Office” 5/26/2011 5/31/2011 [5/26/2011] Yes
P.L. 112-16, The Airport and Airway Extension Act of 2011, Part II 5/26/2011 5/31/2011 [5/26/2011] Yes
P.L. 112-17, The Small Business Additional Temporary Extension Act of 2011 6/1/2011 6/1/2011 [6/1/2011] No
P.L. 112-18, The Intelligence Authorization Act for Fiscal Year 2011 6/1/2011 6/8/2011 [6/1/2011] Yes
P.L. 112-19, A joint resolution providing for the reappointment of Shirley Ann Jackson as a citizen regent of the Board of Regents of the Smithsonian Institution 6/21/2011 6/24/2011 [6/21/2011] No
P.L. 112-20, A joint resolution providing for the reappointment of Robert P. Kogod as a citizen regent of the Board of Regents of the Smithsonian Institution 6/21/2011 6/24/2011 [6/21/2011] No