As Washington bureaucracies
attempt to deal with President Obama's mandate to make the government more transparent
to the public, the Center for Democracy and Technology and
OpenTheGovernment.org released a
report March 20 identifying the public's 10 most wanted government documents.
(PDF)
The report is "based on an interactive, user-driven search to identify the
most sought-after unclassified government documents and information." The
report also "includes policy recommendations for making government more
transparent," the organizations said in news release.
"Members of the public have the right to access the unclassified data and
documents created and held by the government. After all, the information was
paid for with tax dollars," the report states. "The suggestions from
the public make it clear that information across all branches need to be made
available."
The report says "significant loopholes" in public access laws have
eroded the public's "access to and faith in government information."
"The public is speaking loudly and clearly; they want all branches of our
federal government to make the information they hold in trust for us available,
accessible, findable and usable," Patrice McDermott, director of
OpenTheGovernment.org, said in a statement. "We encourage the public to
stay engaged and help us make sure these changes happen."
CDT's and OpenTheGovernment.org's Top 10:
1. All Congressional Research Service Reports
[] The Congressional Research Service (CRS)
uses taxpayer dollars to produce excellent reports on public policy issues
ranging from foreign affairs, to agriculture, to health care. These reports are
made accessible to Congress and their staff through on an internal system, and
these are never released to the public directly from the Congressional Research
Service. Members of the public can ask for these reports through their member
of Congress, but they must first know that the report exists. Third party
websites, such as Open CRS, collect and
share the reports for free but for years the only way to get reports was to buy
from third party, for profit companies. []
2. Information About the Use
of TARP and Bailout Funds
[] The Troubled Asset Relief Program (TARP) authorized the use of taxpayer
money to purchase assets from financial institutions that were struggling.
After $300 billion in bailout money was distributed, the actual use of this
money by individual companies is still largely unknown. []
3. Open and Accessible Federal Court Documents Through the PACER System
[] The Public Access to Court Electronic Records system, also known as the
PACER system, received the highest number of votes of any document not included
in the previous surveys. The PACER system provides federal court records,
including opinions in cases with wide-reaching public repercussions. The public
does not have access to these legal precedents, however, without high barriers.
The PACER system provides federal court records, but only after the user has
previously registered for a password (received via posted mail). The system
also charges far more per page than it costs PACER to serve the PDF to the
user. In fact, PACER makes a large profit based on these burdensome fees. []
4. Current Contractor Projects
[]The federal budget includes billions of dollars for unclassified federal
contracts every year, but little information is available about these
contracts. These contracts vary from routine maintenance of the White House to
the private security forces in Iraq.
While limited information about contracts awarded is available online at
USASpending.gov, details about the contracts is not. Information about
deliverables for each contract [is] not made public, and there is no public
information on sub-contracts, despite a requirement under the Federal Funding
Accountability and Transparency Act to begin sub-award reporting on
USASpending.gov by January 2009. A full accounting of these contractors would
give a more realistic estimate of the size and more information to help
understand the effectiveness of government.
5. Court Settlements Involving Federal Agencies
[] When a dispute involving a federal agency (or even a branch of government)
cannot be settled, it occasionally goes to court. A federal court always
presides over these cases and, because monetary settlements are unusual, these
cases rarely make the papers, and the opinions and terms of settlement are
seldom released. Most cases involving agencies settle, and settlements are
nearly invisible. A U.S. District Court judgmentincluding by settlementagainst
a government agency, is a matter that should be disclosed to the public,
without any special request required.
6. Access to Comprehensive
Information About Legislation and Congressional Actions via THOMAS or Public
Access to Legislative Information Service
[] THOMAS' legislative information provides just a drop in the bucket of
information that should be available. Voting records of Members of Congress are
public information, for example, and yet countless Members continue to make
efforts to prevent the creation of a government-sponsored website to make all
their individually-identifiable decisions as public officials easily available.
Numerous effective third-party websites exist, but full disclosure and open
government require an official Congressionally-sponsored website. []
7. Online Access to
Electronic Campaign Disclosures
[] The Senate is still using a hard copy system for filing campaign finance
reports, although the reports are usually generated as electronic documents. As
a result of paper filing and because of the processing time needed by Federal
Election Commission, final disclosure reports of senatorial candidates only
become available to the voting public after elections. During the 110th
Congress, legislation to require Senators to file FEC reports electronically
was approved by the Senate Committee on Rules and Administration, but was never
brought to the floor for a vote. []
8. Daily Schedules of the
President and Cabinet Officials
[] Presidents have made their daily schedule available to reporters for years,
but have never posted them online, despite great interest in the president's
actions and who the president and his advisors meet with. Griffin Bell,
Attorney General under President Carter, was the first cabinet secretary to
make his schedule regularly available. Only a few others have followed his lead
in over 30 years. To achieve transparency, we need to know what our White House
officials are doing.
9. Personal Financial Disclosures from Policymakers
Across Government
[] An overarching theme of the document requests was the desire for the
highest level of financial disclosure possible from policymakers, including
timely campaign finance information from the Senate (one of the top voted
documents). During difficult economic times, the voting public is especially
concerned with tracking conflicts of interest between elected and appointed
officials and the entities they regulate. Requests for financial activity
disclosures were made across all branches. All branches should make an
accelerated effort to improve their financial disclosure efforts. []
10. State Medicaid Plans and Waivers
[] Medicaid State
plans amendments and waivers are documents each state has that describe their
Medicaid programs and all rules and amendments that have been made and approved
by the federal government. These plans are very hard to find in their current
locations. Historically, the plans have been on the Centers for Medicare and
Medicaid Services websitethe same goes for waivers. However, the documents on
the site are usually not current, and sometimes are not accurate. []