May 27, 2009 8:40AM

Transparency: Good News / Bad News

Last week was an interesting week for transparency, with some good news and some bad news.

On the “good” side of the ledger, the administration rolled out “Data​.gov,” a growing set of data feeds provided by U.S. government agencies. These will permit the public to do direct oversight of the kind I discussed at our “Just Give Us the Data!” policy forum back in December.

My metric of whether Data​.gov is a success will be when independent users and Web sites use government data to produce new and interesting information and applications. The Sunlight Foundation has a contest underway to promote just that. Get ready for really interesting, cool, direct public oversight of the government.

Also under the White House’s new “Open Government Initiative,” an Open Government Dialogue “brainstorming session” began last week. The public can submit ideas for making the government more transparent, participatory, and collaborative. This is important stuff, an outgrowth of President Obama’s open government directive, issued on his first full day in office.

That directive called for the Office of Management and Budget to require specific actions of agencies “within 120 days,” which meant the final product was due last week. And that missed deadline is where we start to slide into the “bad” on the transparency ledger.

Last week, President Obama gave an important speech on national security (which I blogged about here and here). But you couldn’t find the speech in the “Speeches” section of the White​house​.gov Web site. It’s buried elsewhere. That’s “basic Web site malpractice,” I told NextGov​.com. And I cautioned my friends in the transparency community not to forget Government 1.0 for all the whiz‐​bang Gov 2.0 projects flashing before our eyes. White​house​.gov should be a useful, informative resource for average Americans.

The current top proposal on the “brainstorming” site referred to above is to require a 72‐​hour mandatory public review period on major spending bills. This is reminiscent of President Obama’s promise to hold bills five days before signing them. But, as Stephen Dinan reports in the Washington Times, the president signed several more bills last week without holding them the requisite time.

The White House protests that they posted links to bills on the Thomas Web site at the White​house​.gov blog. But that does not give the public meaningful review of the bills in their final form, as they have come to the president from Congress. “Posting a link from White​House​.gov to THOMAS of a conference report that is expected to pass doesn’t cut it,” says John Wonderlich at Sunlight.

President Obama signed nine new laws since we last reviewed his record on the “Sunlight Before Signing” promise. Alas, it’s been a case study in pulling defeat from the jaws of victory.

Five of the bills were held by the White House more than five days before the president signed them, but they weren’t posted! Simply posting them on White​house​.gov in final form would have satisfied “Sunlight Before Signing.”

President Obama’s average drops to .043, and that’s crediting him one win for the DTV Delay Act, which was posted at White​house​.gov in its final form for five days after Congress passed it, but before presentment, which is the logical time to start the five‐​day clock.

Here is the latest tally of bills passed by Congress, including the date presented, date signed, whether they’ve been posted or linked to at White​house​.gov, and whether they’ve been posted for the full five days after presentment. (Corrections welcome — there is no uniform way that the White House is posting bills or links, so I may have missed something.)

Public Law Date Presented Date Signed Posted (Linked) for Comment? Five Days?
P.L. 111 – 2, The Lilly Ledbetter Fair Pay Act of 2009 1/28/2009 1/29/2009 1/29/2009 No
P.L. 111 – 3, The Children’s Health Insurance Program Reauthorization Act of 2009 2/4/2009 2/4/2009 2/1/2009 No
P.L. 111 – 4, The DTV Delay Act 2/9/2009 2/11/2009 2/5/2009 Yes and No
P.L. 111 – 5, The American Recovery and Reinvestment Act of 2009 2/16/2009 2/17/2009 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 n/​a
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 No n/​a
P.L. 111 – 8, The Omnibus Appropriations Act, 2009 3/11/2009 3/11/2009 3/6/2009 No
P.L. 111 – 9, To extend certain immigration programs 3/18/2009 3/20/2009 No n/​a
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 n/​a
P.L. 111 – 11, The Omnibus Public Land Management Act of 2009 3/30/2009 3/30/2009 3/30/2009 No
P.L. 111 – 12, The Federal Aviation Administration Extension Act of 2009 3/24/2009 3/30/2009 No n/​a
P.L. 111 – 13, The Generations Invigorating Volunteerism and Education Act 4/20/2009 4/21/2009 No n/​a
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 No n/​a
P.L. 111 – 15, The Special Inspector General for the Troubled Asset Relief Program Act of 2009 4/14/2009 4/24/2009 No n/​a
P.L. 111 – 16, The Statutory Time‐​Periods Technical Amendments Act of 2009 4/30/2009 5/7/2009 No n/​a
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 No n/​a
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 No n/​a
P.L. 111 – 19, The Civil Rights History Project Act of 2009 4/30/2009 5/12/2009 No n/​a
P.L. 111 – 20, The Protecting Incentives for the Adoption of Children with Special Needs Act of 2009 5/5/2009 5/15/2009 No n/​a
P.L. 111 – 21, The FERA 5/19/2009 5/22/2009 No n/​a
P.L. 111 – 22, The Helping Families Save Their Homes Act of 2009 5/20/2009 5/22/2009 No n/​a
P.L. 111 – 23, The Weapon Systems Acquisition Reform Act of 2009 5/21/2009 5/22/2009 5/14/2009 No
P.L. 111 – 24, The Credit Cardholders’ Bill of Rights Act of 2009 5/20/2009 5/22/2009 5/14/2009 No