Ralph Nader P.O. Box 19312 Washington, DC 20036 James Love Consumer Project on Technology P.O. Box 19367, Washington, DC 20036 http://www.cptech.org December 11, 2001 Mitchell E. Daniels, Jr., Director Office of Management and Budget Executive Office Building 17th Street & Pennsylvania Avenue NW Washington, D C 20503 Dear Mr. Daniels: Thank you for your letter of November 26, 2001 regarding our proposal that the federal government routinely publish the text of federal contracts on the Internet. We interpreted your response as favorable in terms of the benefits of greater transparency, but negative in terms of the costs, primarily due to the costs of redacting confidential information from contracts. We agree that it would be costly for third parties to redact the more than 500,000 contacts in excess of $25,000. However, rather than simply closing the door on this issue, we urge you to find practical ways to make this work. In particular, we ask that you consider two different mechanisms. 1. Consider alternatives to the greater than $25,000 threshold, including possibly OMB's own definition of a major contract. There surely must be some threshold for which no one can deny that the benefits of disclosure outweigh the costs. We are quite interested in seeing this move forward, even if the initial threshold is quite higher. 2. Consider adopting a policy that requires government officials to pro-actively address the redacting issue, when the contract is first written. Specifically, we propose that for every contract, there be an ordinary obligation that the contract include an electronic copy with legitimate redactions (if any are required) that can be published on the Internet. Once this obligation becomes routine, contracting officials should find it relatively straightforward to address the redacting issue up front, working directly with the parties who have insight into the relevant confidentially issues, including the non-government parties to the contact. If citizens are unhappy with the amount of redactions, they can then press for more disclosure, once they have access to the contracts on the Internet. We would be happy to meet with you or the relevant OMB staff to discuss the practical and technical details. We look forward to continuing this dialogue toward a beneficial conclusion for the American people. Sincerely, Ralph Nader James Love