September 21, 2009 4:51PM

Obama Transparency Update II

By Jim Harper

An editorial in the New York Times the other day reminded me that it's a good time for another look at the Obama administration's record on transparency.

The editorial lauded a new policy of disclosure for the Secret Service’s logs of White House visits, naming the visitor, who set up the meeting, where it was held, and how long it lasted. The Times gushed: "[T]he administration is well on course to be the most open in modern times, with such earlier initiatives as the online Data.gov to allow citizen access to huge amounts of federal agency information."

These things are good---and the White House certainly means well---but I'm a little less enthusiastic, and I think the Times set the bar at the wrong height: A ham sandwich is more transparent than recent administrations. Candidate Obama made some firm commitments about transparency that are better for gauging his performance.

Disclosure of White House visitor logs is a small step forward, but I agree with the Times that a three to four month delay in revealing visits is too long. Much of this information is computerized at the White House and could be revealed in real time or within 24 hours. Also, visits that are not revealed for security or diplomatic reasons should be noted as such so that the quantity of such visits can be tracked over time and misuse of this secrecy ferreted out.

It's also slightly ironic to see the Times sing President Obama's transparency praises while the White House flouts a transparency commitment made to the paper back in June. For a story called "White House Changes the Terms of a Campaign Pledge About Posting Bills Online," White House spokesman Nick Shapiro told New York Times reporter Katherine Seelye, "[O]nce it is clear that a bill will be coming to the president’s desk, the White House will post the bill online.” It hadn't happened yet when I wrote about it in July, and it still hasn't happened, even though 22 more bills have passed into law since then.

Below the jump is an updated "Sunlight Before Signing" chart, reflecting all the bills President Obama has signed to date. Still only one (of sixty-one bills) has been posted on Whitehouse.gov for five days before signing. (That's a .016 average, baseball fans.)

The DTV Delay Act was online for five days after final passage in Congress, though not formal presentment to the president, but I've given him the benefit of the doubt to count it as a win.

I've amended the chart to highlight an interesting thing: Two-thirds of the time (41 of 61), the White House has held bills for five days or more before President Obama has signed them. The only thing keeping him from fulfilling his promise as to these bills is the simple failure to post them on Whitehouse.gov. It's hard to understand why the White House is not taking this easy step. The "Presidential Actions" page seems like a good place for it.

On measurable commitments, we have seen weakness, but, as I say, the White House certainly means well. This was confirmed for me again last week when Cass Sunstein, the new administrator of the Office of Information and Regulatory Affairs, invited a small group of transparency advocates including myself in for a meeting. We highlighted many angles of the transparency issue to him, mine being earmarks.

During the campaign, now-President Obama said, "[W]e will put every corporate tax break and every pork barrel project online for every American to see. You will know who asked for them and you can decide whether your representative is actually representing you."

Since then, it has been WashingtonWatch.com, not the White House, tracking and disclosing earmarks. But an OMB representative told Federal Computer Week in August that it would begin tracking and disclosing congressional earmarks from the request stage in the next budget cycle.

I passed a copy of the FCW article to Sunstein and some of the OIRA staff members who joined us at the meeting. I'm hopeful that they will follow through on this commitment. I'm looking forward to reporting tangible results to go along with the good intentions flowing from the White House!

Public Law	Date Presented	Date Signed	Five Days?	Posted (Linked)?	Posted Five Days?
P.L. 111-2, The Lilly Ledbetter Fair Pay Act of 2009	1/28/2009	1/29/2009	No	1/29/2009	No
P.L. 111-3, The Children’s Health Insurance Program Reauthorization Act of 2009	2/4/2009	2/4/2009	No	2/1/2009	No
P.L. 111-4, The DTV Delay Act	2/9/2009	2/11/2009	No	2/5/2009	Yes and No
P.L. 111-5, The American Recovery and Reinvestment Act of 2009	2/16/2009	2/17/2009	No	2/13/2009	No
P.L. 111-6, Making further continuing appropriations for fiscal year 2009, and for other purposes	3/6/2009	3/6/2009	No	No	No
P.L. 111-7, A bill to designate the facility of the United States Postal Service located at 2105 East Cook Street in Springfield, Illinois, as the “Colonel John H. Wilson, Jr. Post Office Building”	2/26/09	3/9/2009	Yes	No	No
P.L. 111-8, The Omnibus Appropriations Act, 2009	3/11/2009	3/11/2009	No	3/6/2009	No
P.L. 111-9, To extend certain immigration programs	3/18/2009	3/20/2009	No	No	No
P.L. 111-10, 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	3/19/2009	3/20/2009	No	No	No
P.L. 111-11, The Omnibus Public Land Management Act of 2009	3/30/2009	3/30/2009	No	3/30/2009	No
P.L. 111-12, The Federal Aviation Administration Extension Act of 2009	3/24/2009	3/30/2009	Yes	No	No
P.L. 111-13, The Generations Invigorating Volunteerism and Education Act	4/20/2009	4/21/2009	No	No	No
P.L. 111-14, To designate the United States courthouse under construction at 327 South Church Street, Rockford, Illinois, as the “Stanley J. Roszkowski United States Courthouse”	4/14/2009	4/23/2009	Yes	No	No
P.L. 111-15, The Special Inspector General for the Troubled Asset Relief Program Act of 2009	4/14/2009	4/24/2009	Yes	No	No
P.L. 111-16, The Statutory Time-Periods Technical Amendments Act of 2009	4/30/2009	5/7/2009	Yes	No	No
P.L. 111-17, A joint resolution providing for the appointment of David M. Rubenstein as a citizen regent of the Board of Regents of the Smithsonian Institution	4/28/2009	5/7/2009	Yes	No	No
P.L. 111-18, A bill to repeal section 10(f) of Public Law 93-531, commonly known as the “Bennett Freeze”	4/28/2009	5/8/2009	Yes	No	No
P.L. 111-19, The Civil Rights History Project Act of 2009	4/30/2009	5/12/2009	Yes	No	No
P.L. 111-20, The Protecting Incentives for the Adoption of Children with Special Needs Act of 2009	5/5/2009	5/15/2009	Yes	No	No
P.L. 111-21, The FERA	5/19/2009	5/20/2009	No	No	No
P.L. 111-22, The Helping Families Save Their Homes Act of 2009	5/20/2009	5/22/2009	No	No	No
P.L. 111-23, The Weapon Systems Acquisition Reform Act of 2009	5/21/2009	5/22/2009	No	5/14/2009	No
P.L. 111-24, The Credit Cardholders’ Bill of Rights Act of 2009	5/20/2009	5/22/2009	No	5/14/2009	No
P.L. 111-25, The Ronald Reagan Centennial Commission Act	5/21/2009	6/2/2009	Yes	No	No
P.L. 111-26, To designate the facility of the United States Postal Service located at 12877 Broad Street in Sparta, Georgia, as the “Yvonne Ingram-Ephraim Post Office Building”	6/9/2009	6/19/2009	Yes	No	No
P.L. 111-27, To designate the facility of the United States Postal Service located at 300 East 3rd Street in Jamestown, New York, as the “Stan Lundine Post Office Building”	6/9/2009	6/19/2009	Yes	No	No
P.L. 111-28, To designate the facility of the United States Postal Service located at 103 West Main Street in McLain, Mississippi, as the “Major Ed W. Freeman Post Office”	6/9/2009	6/19/2009	Yes	No	No
P.L. 111-29, To designate the facility of the United States Postal Service located at 3245 Latta Road in Rochester, New York, as the “Brian K. Schramm Post Office Building”	6/9/2009	6/19/2009	Yes	No	No
P.L. 111-30, The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act	6/19/2009	6/19/2009	No	No	No
P.L. 111-31, The Family Smoking Prevention and Tobacco Control Act	6/16/2009	6/22/2009	Yes	No	No
P.L. 111-32, The Supplemental Appropriations Act, 2009	6/19/2009	6/24/2009	Yes	No	No
P.L. 111-33, The Native American Heritage Day Act of 2009	6/16/2009	6/26/2009	Yes	No	No
P.L. 111-34, To designate the Federal building and United States courthouse located at 306 East Main Street in Elizabeth City, North Carolina, as the “J. Herbert W. Small Federal Building and United States Courthouse”	6/19/2009	6/30/2009	Yes	No	No
P.L. 111-35, To designate the Federal building located at 799 United Nations Plaza in New York, New York, as the “Ronald H. Brown United States Mission to the United Nations Building”	6/19/2009	6/30/2009	Yes	No	No
P.L. 111-36, The Webcaster Settlement Act of 2009	6/19/2009	6/30/2009	Yes	No	No
P.L. 111-37, The Veterans’ Compensation Cost-of-Living Adjustment Act of 2009	6/25/2009	6/30/2009	Yes	No	No
P.L. 111-38, A bill to provide additional personnel authorities for the Special Inspector General for Afghanistan Reconstruction	6/24/2009	6/30/2009	Yes	No	No
P.L. 111-39, To make technical corrections to the Higher Education Act of 1965, and for other purposes	6/26/2009	7/1/2009	Yes	No	No
P.L. 111-40, A bill to award a Congressional Gold Medal to the Women Airforce Service Pilots (”WASP”)	6/24/2009	7/1/2009	Yes	No	No
P.L. 111-41, The Korean War Veterans Recognition Act	7/27/2009	7/27/2009	No	No	No
P.L. 111-42, Approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes	7/27/2009	7/28/2009	No	No	No
P.L. 111-43, A bill 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	7/30/2009	7/31/2009	No	No	No
P.L. 111-44, The New Frontier Congressional Gold Medal Act	7/27/2009	8/7/2009	Yes	No	No
P.L. 111-45, To authorize the Director of the United States Patent and Trademark Office to use funds made available under the Trademark Act of 1946 for patent operations in order to avoid furloughs and reductions-in-force, and for other purposes	7/27/2009	8/7/2009	Yes	No	No
P.L. 111-46, To restore sums to the Highway Trust Fund, and for other purposes	8/4/2009	8/7/2009	No	No	No
P.L. 111-47, Making supplemental appropriations for fiscal year 2009 for the Consumer Assistance to Recycle and Save Program	8/6/2009	8/7/2009	No	No	No
P.L. 111-48, The Miami Dade College Land Conveyance Act	7/31/2009	8/12/2009	Yes	No	No
P.L. 111-49, The Judicial Survivors Protection Act of 2009	8/3/2009	8/12/2009	Yes	No	No
P.L. 111-50, To designate the facility of the United States Postal Service located at 46-02 21st Street in Long Island City, New York, as the "Geraldine Ferraro Post Office Building"	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-51, To designate the facility of the United States Postal Service located at 601 8th Street in Freedom, Pennsylvania, as the "John Scott Challis, Jr. Post Office"	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-52, To designate the facility of the United States Postal Service located at 2351 West Atlantic Boulevard in Pompano Beach, Florida, as the "Elijah Pat Larkins Post Office Building"	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-53, The Utah Recreational Land Exchange Act of 2009	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-54, To designate the facility of the United States Postal Service located at 41 Purdy Avenue in Rye, New York, as the "Caroline O'Day Post Office Building"	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-55, To designate the facility of the United States Postal Service located at 431 State Street in Ogdensburg, New York, as the "Frederic Remington Post Office Building"	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-56, To designate the facility of the United States Postal Service located at 123 11th Avenue South in Nampa, Idaho, as the "Herbert A Littleton Postal Station"	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-57, To designate the facility of the United States Postal Service located at 1300 Matamoros Street in Laredo, Texas, as the "Laredo Veterans Post Office"	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-58, To designate the facility of the United States Postal Service located at 702 East University Avenue in Georgetown, Texas, as the "Kyle G. West Post Office Building"	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-59, To designate the facility of the United States Postal Service located at 19190 Cochran Boulevard FRNT in Port Charlotte, Florida, as the "Lieutenant Commander Roy H. Boehm Post Office Building"	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-60, To extend the deadline for commencement of construction of a hydroelectric project	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-61, Recognizing the service, sacrifice, honor, and professionalism of the Noncommissioned Officers of the United States Army	8/11/2009	8/19/2009	Yes	No	No
P.L. 111-62, A joint resolution granting the consent and approval of Congress to amendments made by the State of Maryland, the Commonwealth of Virginia, and the District of Columbia to the Washington Metropolitan Area Transit Regulation Compact	8/7/2009	8/19/2009	Yes	No	No