Public asked to shape open-government bill

Foundation posts proposed bill online for public to tweak, bypassing lobbyists.

Publication: Austin-American Statesman

Rebecca Carr
April 13, 2008

WASHINGTON - There is nothing unusual about an open-government group advocating new legislation that would shine a light on the secretive ways of Congress and the executive branch.

But rather than hire an army of lobbyists to push the proposal, as is the custom in Washington, the Sunlight Foundation is taking its measure directly to the public.

The foundation has posted its Transparency in Government Act of 2008 on the Web at publicmarkup.org and has invited the public to tweak, add to or criticize any aspect of the proposed bill. The goal, said Ellen Miller, executive director of the foundation, is to change the backroom, secretive way that legislation is typically passed in Washington.

"This is front-porch politics," Miller said.

The bill seeks to require Congress and the executive branch to be more transparent by making information, including sensitive financial data, available online so that people living in Austin or anywhere else have as much access to the way government works as people witnessing it in Washington.

The notion of bypassing lobbyists is turning heads on Capitol Hill and among lobbyists.

"Any time that we can hear directly from the American people and not paid lobbyists, it is a good thing," said U.S. Sen. John Cornyn, R-Texas, who has sponsored several open-government initiatives.

The idea of letting the public shape legislation levels the playing field between affluent groups that can afford lobbyists and the public, Cornyn said.

The idea was not as well received by Paul Miller, past president of the American League of Lobbyists. Miller says lobbyists are unfairly portrayed as backroom-deal makers.

There is more transparency in legislation than ever before, Miller said. But he disagrees with putting bills up for all to rewrite.

"I don't think the way you advocate is to put everything online and say, 'All right American people, weigh in on that,' because then what's next?" Miller asked. "Are we going to let the American people decide our defense policy, our trade policy, our immigration policy?"

Other lobbyists say the idea has the potential to engage the public.

Thomas Susman, who has lobbied on a wide range of issues, called the Sunlight Foundation's approach novel. But passing legislation requires a lot more, he said. Timing of legislation, committee assignments and communicating with lawmakers are crucial.

"Lobbyists are not going to become obsolete because the process is just too complicated, convoluted and difficult," Susman said.