Legislative Sunlight Catching On

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

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

The foundation has posted the entire content of its Transparency in Government Act of 2008 on its Web site and invited the public to tweak, add or criticize any aspect of the bill.

The goal, said Ellen S. Miller, executive director of the foundation, is to change the back-room, secretive way legislation typically passes in Washington.

"This is front porch politics," Miller said. It's a way to engage the public and push for real, meaningful change, she 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 Anchorage have as much access to the way the government works as people witnessing it in Washington.

The notion of bypassing the lobbyist corridor, commonly dubbed "Gucci Gulch," is turning heads on the Hill and among lobbyists.

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

The idea of letting the public shape legislation is an encouraging sign, Cornyn said. It levels the playing field between affluent groups that can afford lobbyists and the general public, he said.

"This is a fascinating development," Cornyn said.

The idea is not as well received by Paul Miller, the past president the American League of Lobbyists. Miller was at the helm of the organization in the wake of the Jack Abramoff scandal, which resulted in new ethics and lobbying rules.

Miller thinks that lobbyists are unfairly portrayed as back-deal makers. There is more transparency in legislation than ever before, he 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, 'Alright American people, weigh in on that' because then what's next?" asked Miller. "Are we going to let the American people decide our defense policy, our trade policy, our immigration policy?"

Miller does not see it as an effective way to govern. "I don't think Congress will view it that way either," he said.

But other lobbyists say the idea has the potential to engage the public.

Thomas M. Susman, who has lobbied on a wide range of issues, said the Sunlight Foundation is using a "novel" approach.

"Anything that casts a wide net for public involvement is very positive," Susman said.

But passing legislation requires more than just putting a bill on the Web for public input, he said. The timing of legislation, committee assignments and communicating with lawmakers is all crucial to passing legislation.

So don't expect lobbyists to disappear any time soon.

"Legislation doesn't get introduced and passed spontaneously," Susman said. "Lobbyists are not going to become obsolete because the process is just too complicated, convoluted and difficult."

Open government groups are encouraged by the Sunlight Foundation's action.

Patrice McDermott, executive director of OpenTheGovernment.org, said posting the bill online tests how interested the public is in tracking the government.

"It's very useful to take this out of the hands of inside-the-beltway types and give the public an opportunity to voice their interest in what they want to see Congress and the executive branch do," McDermott said.

McDermott sees the development as an outgrowth of the public's frustration with the secretive way legislation gets crafted.

"To actually have an opportunity to participate in crafting it is a new opportunity," McDermott said. "It gives the public a chance to say something before things are so set."