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Data-transparent government is still a ways off, but some small steps forward are underway. To wit, my project WashingtonWatch.com, which is adding new data going to the costs of bills in Congress.

As detailed in an announcement that went up this morning, many more bills on the site will have cost estimates associated with them, the product of research being done at the National Taxpayers Union Foundation. Some bills spend pennies or less per U.S. family. Some spend $5,000 per family and more. Wouldn’t you like to know which are which?

The site has also begun displaying national debt information on a per-family, per-person, and per-couple basis. (Your debt—just for being an American—is about $45,000 dollars.)

I’ll have much more to say on government transparency in the coming months. In the meantime, you might do your part to avoid the next calamitous debt ceiling debate by following the day-to-day, month-to-month, and year-to-year in Congress using things like the WashingtonWatch.com weekly email newsletter.

This morning, a database of FY 2011 earmark requests was released by Taxpayers Against Earmarks, Taxpayers for Common Sense, and my own WashingtonWatch.com. With House Republicans generally eschewing earmarks this year, members of Congress and senators still sought over 39,000 earmarks, valued at over $130 billion dollars. Learn more on the relevant pages at Taxpayers for Common Sense, Taxpayers Against Earmarks, and WashingtonWatch.com.

This is transparency. The production of organized, machine-readable data has allowed these differing groups—an advocacy organization, a spending analysis group, and a “Web 2.0” transparency site—to expand the discussion about earmarks. The data is available to any group, to the press, and to political scientists and researchers.

Earmarking is a questionable practice, and, anticipating public scrutiny, House and Senate Republicans have determined to eschew earmarks for the time being. But the earmark requests in this database are still very much “live.” They could be approved in whatever spending legislation Congress passes for the 2011 fiscal year. They also tell us how our representatives acted before they got careful about earmarks.

Earmarks are a small corner of the federal policy process, of course, but when all legislation, budgeting, spending, and regulation has become more transparent—truly transparent, Senator Durbin—the public’s oversight of Congress will be much, much better. As I noted at the December 2008 Cato Institute conference, “Just Give Us the Data,” progressives believe that it would validate government programs and root out corruption. (That’s fine—corruption and ongoing failure in federal programs are not preferable.) I believe that demand for government will drop. The average American family pays about $100 per day for the operation of the federal government currently. That’s a lot.

Again, you can see how this data is in use, and you can use it yourself, by visiting Taxpayers for Common Sense, Taxpayers Against Earmarks, and WashingtonWatch.com. On the latter site, you can see a map of earmarks in your state and lists of earmarks by member of Congress and representative, then vote and comment on individual earmarks.

At considerable expense and effort, these sites have done what President Obama asked Congress to do in January. If earmarking is to continue, Congress could produce earmark data as a matter of course itself: The appropriations committees could take earmark requests online and immediately publish them, rather than using the opaque exchange of letters, phone calls, and—who knows—homing pigeons.

Congress should modernize and make itself more transparent. We’re showing the way.

If you’re in the D.C. area, come join the fun next Monday, November 15th, as the Advisory Committee on Transparency kicks off with its first event: The Future of Earmark Transparency (2:00 p.m., 2203 Rayburn House Office Building).

The Sunlight Foundation’s Daniel Schuman moderates a discussion that includes Steve Ellis of Taxpayers for Common Sense and yours truly. My WashingtonWatch.com project crowdsourced over 40,000 earmark requests last year, which we displayed on this map.

Earmarks are a hot topic right now. The new Republican Congress may make a move to ban them, but the Senate leadership may not be ready to go quite that far.

Will full-fledged earmark transparency be the compromise? It might provide a model for far more transparent processes throughout Congress.

Taxpayers Against Earmarks is a new effort to rid the federal legislative process of some of its most acute horse-trading: earmarks. Find it at the cleverly named URL, EndingSpending.com.

My project WashingtonWatch.com has worked to generate earmark transparency. Here’s the earmarks main page, and you should expect to see FY 2011 earmarks there soon.

Republicans earmarksThere’s little doubt that many spending earmarks are part of a subtle—or not-so-subtle—quid pro quo in which federal legislators buy votes by directing funds to favored home-state or home-district interests. Taxpayers Against Earmarks has a well-produced web site that invites people to sign up and join the anti-earmark effort.

Earmarked spending is a small part of the overall budget, of course, but earmarking is emblematic of the “favor factory” that Congress has become as the federal budget and federal power have bloated. Federal spending is appropriate in the small number of cases when it provides national public goods that benefit the country as a whole, but refurbishing local museums, funding projects at state universities, and requiring the military to buy from a particular defense contractor do not benefit the general welfare. Taxpayers Against Earmarks is working to begin the process of getting federal spending under control.

The Contract From America is a very interesting political document, seeking to rally people around a set of policies that—unlike the Contract With America from years ago—was generated from the bottom up.

On the WashingtonWatch.com blog, I’ve been assessing the ten items in the Contract From America. The Tea Party movement stands for a lot of ideas in a lot of people’s minds. Here’s a chance to see what substantive policies are important to a large cross-section of this political movement.

A bill introduced in the Senate yesterday would require Congress to bring earmarks out of the shadows, producing earmark data in a format that the public can easily use.

S. 3335 calls for a “unified and searchable database on a public website for congressional earmarks.” This is something President Obama called for in his 2010 State of the Union speech, though we haven’t heard much more from him about it since then.

The bill was introduced by Senator Tom Coburn (R-OK), and is currently cosponsored by Sen. Michael Bennet (D-CO), Sen. Barbara Boxer (D-CA), Sen. Bob Corker (R-TN), Sen. John Ensign (R-NV), Sen. Russ Feingold (D-WI), Sen. Kirsten Gillibrand (D-NY), Sen. Johnny Isakson (R-GA), Sen. John McCain (R-AZ), and Sen. Mark Udall (D-CO). Its House counterpart is H.R. 5258 (Cassidy R-LA), which also has bipartisan support.

Importantly the bill is not just about a web site. The bill would enable the public to “programmatically search and access all data in a serialized machine readable format via a web-services application programming interface.” That gobbledegook means that people could access the data for themselves, slicing and dicing it to learn whatever they want or to display it however they want.

I’ve noted here before the efforts of my government transparency web site WashingtonWatch.com to capture earmark data and the related effort to get earmark data directly from Congress at Earmarkdata.org.

Support for these bills across parties and ideologies suggests good things may be in store for earmark transparency.

The “Cyber Privacy Act”? No it ain’t!

Michigan Representative Thaddeus McCotter (R) has introduced a bill to create a take-down regime for personal information akin to the widely abused DMCA process. The Digital Millennium Copyright Act established a system where copyright holders could as a practical matter force content off the Internet simply by requesting it.

McCotter’s proposal would similarly regulate every Internet site that has a comment section. He thinks it’s going to protect privacy, but he’s sorely mistaken. Its passage would undermine privacy and limit free speech.

I’ll take you through how McCotter’s gotten it wrong.

The operative language of H.R. 5108 is:

Any Internet website that makes available to the public personal information of individuals shall– (1) provide, in a clear and conspicuous location on the Internet website, a means for individuals whose personal information it contains to request the removal of such information; and (2) promptly remove the personal information of any individual who requests its removal.

The Federal Trade Commission would enforce the failure to abide by requests as it does unfair and deceptive trade practices. (Meaning: penalties.)

So if someone posts his or her name in a comment section and later regrets it, the operator of that web site would have to take it down. Sounds nice—and that is the right thing for webmasters to do when the circumstances warrant. But what about when they don’t? Continue reading →

Over on the WashingtonWatch.com blog, I’ve laid out in the simplest terms I could what’s going on in terms of procedure with health care overhaul legislation. The post, called “What is Deeming, Anyway?“, comes in at a mere 900 words… If you’re a real public policy junkie, you might like it.

But what about the transparency oriented processes that President Obama and leaders like Speaker Pelosi promised the public? Recall that the Speaker promised to post the health care bill online for 72 hours before a vote back in September.

There was debate about whether she stuck to her promise then. And it was probably a one-time promise. It’s almost certain that she will not do so now. If she lines up the votes to pass the bill, the vote will happen. Right. Then.

What about President Obama’s promise to put health care negotiations on C-SPAN? The daylong roundtable debate on health care was an engaging illustration of what happens when you do transparent legislating. Voters got a clearer picture of where each side stands—and perhaps saw that there actually is some competence on both sides of the aisle. Some competence.

The health care negotiations going on right now are the ones that matter. This is when the most important details are being hammered out. This is when the bargaining that draws the public’s ire is happening. But I’m not seeing it on C-SPAN.

President Obama’s promise may have been naive, but that doesn’t excuse it. The inside negotiations going on this week represent an ongoing violation of the president’s C-SPAN promise.

And there’s good reason to anticipate that the president will violate his Sunlight Before Signing promise as well. This was his promise to post bills online for five days after he receives them from Congress before signing them into law. Continue reading →

This morning, a small group of us open government collaborators (joined by others) rolled out a transparency campaign called “Just Give Us the Earmark Data!

Visitors to EarmarkData.org are encouraged there to sign a petition asking Congress to publish data about earmarks in formats that are useful for public oversight. Developers can also participate in perfecting the data schema that will capture the “earmarks ecosystem” in the best possible way.

There has been a lot of action on earmarks recently. House Democrats announced last week that they would restrict their earmarking only to non-profits. The next day, House Republicans announced that they would forgo earmarking entirely. That’s House Democrats and House Republicans. Don’t assume that earmarking is going to go away.

Whatever happens, our demand is simple: Just give us the data!

If you agree that Congress should make good information about earmarking available, please sign the petition—and pass along the word with a Tweet, a Facebook post, an email, or whatever communication you like!

(If you’re a developer, take a look at the schema and join in the conversation about it on our Google group.)

It’s not the highest-toned debate the world of public policy has ever seen, but the WashingtonWatch.com discussion on Public Law 111-92, the Unemployment Compensation Extension Act of 2009, has now reached over 100,000 comments.

I’ve discussed the astounding level of commentary—and all the efforts to keep it civil—in a post on the WashingtonWatch.com blog.