Sunlight Foundation

Transparency Week Thoughts as Published in USA Today

I'm delighted to have had an OpEd piece published in USA Today today:

How powerful is the Internet in getting crucial safety information out to the public? In one case, that information went out 707 times per minute. That's how often, on average, people seeking information about salmonella-tainted peanut butter clicked on a website and widget sponsored by the U.S. Food and Drug Administration (FDA) over a six-week period a total of nearly 44 million hits.

This was exponentially more than the number of people who called agency hotline numbers. By typing the brand or bar code of a product into the search engine, parents everywhere could find out if the peanut butter sandwich they were putting in their kids' lunch bags that day might contain salmonella.

Yet, the peanut butter problem also shows how far we have to go to prod government to make information available to the public. This week — Sunshine Week — news organizations shed light on how the public benefits from knowing what the government is doing, and why. And the Internet increasingly can play a role in providing more information to expose crises such as the salmonella story.

Recently, the story has unfolded about how one peanut-processing company, Peanut Corp. of America, could operate in filth with poorly trained employees and ignore its own tests showing salmonella infestation. We also found out that the only way the FDA could obtain copies of those testing records was to invoke terrorism laws. If the public had access to those records online, perhaps the illnesses of 19,000 people in 43 states and nine deaths could have been avoided.

Online resources also can help explain why the FDA can't get inspection records more easily. Through OpenSecrets.org, which tracks campaign contributions and lobbying expenses, we can find out that food processing and sales companies have contributed nearly $95 million to federal candidates and parties over a decade. Those companies also spent more than $29 million last year on lobbying. The industry has often blocked efforts to strengthen FDA's authority.

The salmonella story shows the many ways we are on the cusp of pushing for a government that is truly transparent. We now have the technological tools not only to get information out to the public, but also to help expose why there's a problem in the first place.

It's no accident that President Obama has made transparency a major part of his stimulus plan. He recognizes that conveying information to the public about how their money is being spent will enhance accountability. If done well, this approach can turn passive citizens into activists who help ensure that government works. With more newspapers laying off reporters and closing their doors, the Internet is allowing others to augment the press' function in watchdogging government.

There's a mighty appetite for this information. Last September, when the House took up the $700 billion Wall Street bailout bill, House servers crashed after Speaker Nancy Pelosi posted the text on her Web site. When people did get their eyes on the text, they read it eagerly. Over the course of about two weeks, nearly 1,000 comments were posted on PublicMarkup.org, a site enabling the public to examine and debate legislation. Thousands of bloggers pored over the bill to find examples of earmarks, such as a reduction in taxes for wooden-arrow manufacturers.

A few years ago, bloggers known as the "Porkbusters" helped expose Alaska's "bridge to nowhere." This project to connect the tiny town of Ketchikan (population 8,900) to the even tinier Island of Gravina (population 50) cost some $320 million and was funded through three separate earmarks in a highway bill. Exposure created a huge furor and essentially stopped that earmark.

To take advantage of the full power of the Internet, there are some simple things every agency should do. All data should be made available in formats that are open, searchable and "mashable." That way, creative programmers can more easily create new ways of looking at things. For example, the EarmarkWatch.org map shows thousands of earmarks in the fiscal 2008 defense-appropriations bill layered over a map of the country.

There is also much Congress should do. For years, the Senate has refused to require members to file their campaign finance records electronically. Instead, they submit their records in paper form to the Federal Election Commission, which must then go through the laborious process of re-converting them back into electronic records at the cost of about $250,000 a year. Sen. Russ Feingold, D-Wis., recently introduced a bill that would require electronic filing. The House of Representatives has done it this way for years.

And while Congress has strengthened lobbying disclosure laws, they still don't go far enough. Lobbyists are required only to file quarterly, and then in very general terms. So ferreting out who lobbied on what and why is an exercise in "who done it" long after the fact. Lobbyists should file online daily with whom they meet and what they talk about.

A fundamental shift is beginning. Government is starting to recognize how the Internet can play a transformational role in restoring trust to its institutions and officials. And we, the people, are just beginning to imagine the ways we can use this transparency to demand more accountability.

Inouye, Obey Promise Earmark Reforms

Roll Call is reporting that Rep. David Obey and Sen. Daniel Inouye, the chairmen of the House and Senate Appropriations Committees, have agreed to a number of reforms of the earmarking process. According to Roll Call, all earmark requests will be posted online -- "starting with the fiscal 2010 appropriations bills, when Members make their earmark requests, they will be required to post the requests on their Web sites explaining the purpose of the earmark and why it is a valuable use of taxpayer funds."

This is okay as far as it goes, and in improvement (currently earmark requests don't have to be disclosed at all), but why these requests can't be centralized in a searchable, sortable, downloadable database rather than spread across 535 member sites is a bit of a mystery.

Roll Call also says tables of approved earmarks will be available before bills are approved by committees (right now you have to wait until the committee approves the bill), and that spending on earmarks would be limited to one percent of discretionary spending--about $10 billion a year.

Rep. Moran Says Earmark Reform is a Passing Fad

There's been a whirlwind of earmark activity of late, with the two Democratic presidential candidates joining the all-but-nominated Republican candidate in backing an effort by Sen. Jim DeMint to institute a one-year moratorium on earmarks. In the House, Speaker Nancy Pelosi is considering a similar ban, and Rep. Jeff Flake, as anti-earmark as any member of Congress, takes it seriously enough to worry that Democrats will get the credit for ending earmarks rather than Republicans.

Independent bloggers and organizations like Porkbusters, Americans for Prosperity, the National Taxpayers Union, Citizens Against Government Waste and of course Taxpayers for Common Sense deserve a tremendous amount of credit for driving this issue so hard and so long.

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When It Comes to Pork, Suspension of the Rules Means Just That

So, on Sept. 14, the House passed a rule that aimed to bring some transparency to the earmarking process: Members names would have to be attached to the earmarks they sponsored. While the goal is worthy, it seemed to me that this particular rule was fairly modest at best, and potentially even counterproductive; since then, we've learned just how modest a reform the rules change is--it doesn't apply to earmarks already inserted in 10 of the big appropriations bills.

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Bridges to Nowhere Update

I've noted before that the original bete noir of the anti-earmark movement, the Alaska Bridges to Nowhere, were alive and well and still receiving federal funding. Today Matt Volz of the Associated Press reports that in May 2006, the Alaska state legislature approved spending $93 million in federal money on the Knik Arm Bridge (the official site for the bridge authority is here), and then, a month later, the board of the bridge authority voted, in a closed-door meeting--some fairly large pay raises for its top executives:

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Earmark Reform Faltering

Members of the House Appropriations Committee appear to be balking at the prospect of change in House rules that would attach the names of lawmakers to the earmarks they've inserted into spending bills. As the Times article notes, this rather modest change would apply only to the House (not the Senate), and would exempt defense earmarks (where the real money is) from scrutiny. I've noted before that there are ways around the disclosure provisions proposed in the rules change, which potentially could make it harder to identify who's getting earmarks, because lawmakers could use obscure descriptions--any company incorporated in Harrison, N.Y., in 1923--to avoid the rule's requirement that they take credit for their earmarks. Still, with all it's limitations, this measure would shine a little light on spending bills already drafted but not yet passed--even a modest disclosure measure is better than none.

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House, Senate Agree on Federal Spending Database; Bill Must Still Pass House

The House and Senate have agreed on a version of S. 2590, the Coburn-Obama database bill. The press release indicates that the publicly available database that the legislation will create will include both federal contracts and grants (an earlier House bill, Blunt-Davis, would have disclosed grants but not contracts). The bill still has to pass the House, but it looks like it's moving forward. Here's the release:

WASHINGTON---House Majority Whip Roy Blunt (Mo.), U.S. Senators Tom Coburn (Okla.), Barack Obama (Ill.), and Tom Carper (Del.), and Government Reform Chairman Tom Davis (Va.) today announced that they have reached agreement on legislation to increase accountability and transparency by establishing a public database to track federal grants and contracts.
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Personal Foul. Holding.

UPDATE: Stevens unmasks himself! Looks like there will be no surprises in the search for the "secret hold" Senator. A consensus is forming that the chief suspect, Sen. Ted Stevens (R-Alaska), is blocking the "Google for government contracts" bill out of revenge for Sen. Tom Coburn's (R-Okla.) successful campaign to defeat the "Bridge to Nowhere". The guys at TPM Muckraker, and a helpful reader, have pulled up a Fort Smith (Ark.) Times Record article from Aug. 18th which labels Stevens as the holder. Coburn also accuses Stevens of being the holder. Over at Redstate diarist Erick writes, "Last week, I called every senator's office," except for the five chief cosponsors, and "only one would not give me a definitive "no."" That office was Sen. Stevens' office.

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