Sunlight Foundation

Where Are the Appropriations Bills?

From the stream of news coming from Congress about the budget, one might think that committee meetings and legislation on federal spending would be easily accessible online. That's often not true.

For example, the legislative text for four major appropriations bills are not yet online despite their apparent approval by both the full Senate Appropriations Committee yesterday and the relevant subcommittees prior to that. The four missing Senate bills are: Department of Defense Appropriations Act, 2012; Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012; Financial Services and General Government Appropriations Act, 2012; and Legislative Branch Appropriations Act, 2012. The public's only chance to see the legislation is after all the important decisions have been made. By comparison, the House generally makes legislation considered by committees available to the public prior to votes.

None of the Senate committee reports for these bills are available online, either, except for the Legislative Branch Appropriations Act, which is on THOMAS. The reports explain the decisions by appropriators and often provide significant guidance on how money will be spent.

Senate Appropriators do release streaming audio of subcommittee markups, although the audio feed isn't always reliable. The House, by contrast, will live stream video of its markups, but only when the committee finds it convenient; it often does not broadcast meetings at all. This goes against the spirit -- and likely the letter -- of the new House Rules passed by the 112th Congress.

Unfortunately, the best way to look at the legislation and reports in a timely way is often by using expensive private news services. Congress owes the public a better explanation of what it's doing.

Show Us the Legislation

As news spreads that a consensus Wall Street bailout plan is being finalized, and leaders negotiate between proposals submitted from the Treasury Department, Senator Dodd, Representative Barney Frank, and others, two separate conversations are taking place. One is public, as the nation struggles to evaluate the urgency of the economic situation, and to understand the best course of action.  The other, however, is not public, as the compromises and deal making -- the real stuff of urgent policy-making -- are held in the dark.

The Sunlight Foundation is calling on Congress to publish the proposed bailout legislation as soon as possible, to give constituents and lawmakers themselves as much time as possible to examine the specifics of the proposal before it's voted on.  We will post the draft legislation to PublicMarkup.org as soon as possible, to give citizens a chance to weigh in on the proposal's specifics.

Congress faces urgent pressure from the Administration and from constituents to act. Regardless of the course of action Congress ultimately chooses, this is a decision that must be made in full public view. If citizens don't have a chance to evaluate the legislation, how can Congress possibly represent their constituents' needs?

The need for sunlight is especially required for urgent or emergency legislation. All too often, Congress praises transparency as a democratic value, but violates it in practice. Any lack of transparency in consideration of this legislation would be especially ironic since lawmakers have blamed the current crisis on financial malfeasance that was hidden from public view.

We have called the relevant congressional committees and have asked for copies of the new consensus legislation.  As soon we get it, we'll be posting the text of the legislation online at PublicMarkup.org.

Now more than ever,  Congress must represent the needs of all Americans, and to give everyone - citizens and lawmakers alike -- a chance to participate actively in the legislative process.

Before the bailout proposal is considered by lawmakers, it must undergo an even more important test: evaluation and assessment by the public.