Sunlight Foundation

Jack Abramoff's Obstruction of Lobbying Reform

Jack Abramoff, the disgraced lobbyist, appears on CSPAN to discuss his book.Jack Abramoff left Washington to serve his prison sentence as a primary perpetrator and beneficiary of its culture of corruption. While his fall from influence prompted many reforms that we were eager to see, there is still a system riddled with loopholes and lacking the transparency we desperately need. Now, he's back. Shilling a book to pay off legal debts and line his pockets, Abramoff now wears the fresh cloak of a reformer who calls to clean the pigsty where he once rolled. We welcome him to the good fight, but honestly, it's hard to believe he's serious.

The master of rhetoric will be speaking at Public Citizen later today - we'll be in the audience and watching online. He frequently boasts he had "100 congressmen in his pocket" yet he has not released the documents or named the names.

After my questioning him on this point, Abramoff responded "Having been to prison personally -- hopefully, Ms. Miller hasn't been to prison and most of your readers haven't been and never will go -- but having been to prison, it's very hard for me to put anybody in harm's way, even people I don't like. And that's besides the point anyway. The point is to change the system." Just five days before his refusal to put anybody in harm's way he told TPM “The only thing I’m doing is trying to make available what I know from my experience so that we can fix this.” Unfortunately we continue to see hollow rhetoric. Instead of waiting until your book stops giving milk, why don't you spill some of those magic beans from the files you still have?

The Sunlight Foundation is committed to lobbying reform and exposure of the full system of influence. That's why we have an outstanding FOIA to see who visited Abramoff in prison, hold public meetings discussing the issue and, of course, encourage public markup of our recommendations for lobbying reform.

Today's event at Public Citizen is an opportunity for Abramoff to convince reformers that he's really serious; helping to fix the system by revealing more substantive information about those who participated in his activities. I don't care whether what he reveals is technically legal or not - decades of exposing K Street continues to prove that it's not always what is illegal that is most troubling, but rather what is completely legal.

Unless Abramoff starts answering these tough questions and open up his treasure trove of information anyone who calls themselves a reformer should be very skeptical of this reformer road show.

Make Abramoff prove himself as a reformer rather than just calling himself one.

Image via C-SPAN.

Transparency Testimony Interrupted by Reconciliation Obstructionism

"Sunlight is the best of disinfectants..." Those were practically the last words out of the mouth of the Sunlight Foundation's Executive Director Ellen Miller as a hearing on federal financial management and transparency was ground to a halt by obstructive roadblocks thrown up by the minority in the wake of the approval to move forward and debate a reconciliation package that contains fixes to the newly minted health care reform law.

Senate rules require that hearings held after 2 p.m. be approved by unanimous consent to continue. After the Democratic majority won passage of a motion to proceed to debate the reconciliation bill by a vote of 56-40, Republicans refused to consent to the continuation of hearings. The Republicans also lost in an attempt to block the reconciliation package when Senate Parliamentarian ruled against an objection to the way an excise tax is used to fund the health care law.

Two other committee hearings were canceled including the one featuring the Sunlight Foundation's Miller. These included a Commerce Committee hearing on broadband policy and an Energy & Natural Resources Committee hearing.

See the video below for the moment of cancellation. Also included is the testimony that Ellen was scheduled to deliver. To download a copy of the testimony, click here.
Testimony: Sunlight Foundation Senate Committee on Homeland Security

Open Government: Collaboration, Transparency, and Participation in Practice

A new book from O’Reilly media, entitled Open Government: Collaboration, Transparency, and Participation in Practice, discusses the possible ways government can utilize the power of citizen engagement to become more efficient and transparent. The collection of essays features well-known visionaries such as Carl Malamud, Beth Noveck and Tim O’Reilly.

Open Government includes chapters by Sunlight’s Ellen Miller, Bill Allison and Micah Sifry. Their chapters deal with everything from the role of transparency in countering the weight of monied interests to the need for useful and open government data. The forces of co-innovation and transparency must be in government moving forward and this book brings together some illustrative case studies about how to proceed.  Follow this link for a sample of the first eight chapters.

Here’s a nice excerpt from the preface:

What is open government? In the most basic sense, it’s the notion that the people have the right to access the documents and proceedings of government. The idea that the public has a right to scrutinize and participate in government dates at least to the Enlightenment, and is enshrined in both the U.S. Declaration of Independence and U.S. Constitution. Its principles are recognized in virtually every democratic country on the planet.

But the very meaning of the term continues to evolve. The concept of open government has been influenced—for the better—by the open source software movement, and taken on a greater focus for allowing participation in the procedures of government. Just as open source software allows users to change and contribute to the source code of their software, open government now means government where citizens not only have access to information, documents, and proceedings, but can also become participants in a meaningful way. Open government also means improved communication and operations within the various branches and levels of government. More sharing internally can lead to greater efficiency and accountability.

The Irony and the Solution of Lobbying Disclosures

If you read Monday’s New York Times story about how many lobbyists are de-registering in the face of new filing requirements and how some may still be lobbying without technically violating the law, I can understand if you came away confused about a) the general value of transparency, b) the effectiveness of making lobbyists disclose their activities and c) my own role as a one-time lobbyist for Sunlight, since the reporter used my own personal experience as the peg for his story. I suppose the point was to suggest some kind of irony—transparency advocate hiding her activities from the public?  Well, let me give you some more background than was included in the Times piece.

Although not required by law, when Sunlight was founded in 2006, I registered as a lobbyist to demonstrate that the public good is served by lobbying disclosure. I didn’t have to do this since I was at most spending 2-3% of my time meeting Members of Congress or their staff, and the law only requires people who spend more than 20% of their time on lobbying to register. But, since I was occasionally having meetings on Capitol Hill to discuss our transparency agenda, I thought I should err on the side of more rather than less disclosure. I still believe that but I figured out pretty quickly how meaningless current lobbying disclosure law is – I was never asked who I met with, what I discussed in my meetings, or even how much time I spent with a lawmaker or her staff. The information I filled out didn’t really tell anyone anything substantial. There was little real public good served. Anyway, I had almost nothing to report—perhaps a handful of meetings at most.

Then along came the Obama Transition team with their strong disposition against holding meetings with registered lobbyists. Talk about irony. For the first time in my decades in Washington I actually found an Administration sympathetic to my long-held agenda about government transparency. The last thing I wanted to do was have being a registered lobbyist become a barrier to talking to the administration about improving transparency. So, since I was under no legal obligation to register (because I spent so little time on Capitol Hill directly), I deregistered in the last quarter of 2008. (Sunlight has two registered lobbyists on staff – John Wonderlich, our Policy Director and Nisha Thompson, our online organizer. Our third lobbyist is Lisa Rosenberg who is a consultant to us.)

This might look like a case of perverse consequences—tougher rules against lobbyists leading someone who was doing a modest amount of lobbying to unregister as a lobbyist in order to have more lobbying-type conversations with decision makers! But here’s the point: When I was registered, the filing requirements were so weak you had no idea who I talked to on the Hill or in the White House, what I talked to them about, or what my positions were. Lobbyist registration and disclosure as it is currently structured is pretty much a joke. All kinds of people in and around Washington buy and sell influence over the process; the 14,000 registered lobbyists are just the tip and shoulder of the iceberg. Big campaign contributors, corporate and union executives, celebrities, and my favorite, “strategic advisors” like Tom Daschle who use their long careers in Congress to guide lobbying firms without actually going up to the Hill to lobby themselves, are all players in the influence-peddling business. The current disclosure laws—which exempt anyone who spends less than 20% of their time lobbying—hide more than they expose.

So let me state here and now. When, as we advocate, the lobbying disclosure laws are reformed to cover all lobbying, and require prompt disclosure of who is lobbying whom for what and for how much, I’ll be the first to sign up.

Our lobbying laws should be detailed and timely enough to keep pace with the influence peddling they are designed to track. We need to amend the Lobbying Disclosure Act of 1995 (LDA) to require that all individuals engaging in direct issue advocacy with lawmakers, staff and the executive branch, as well as those who bundle campaign contributions to federal candidates above a threshold amount must report within 72 hours of their first lobbying contact under the LDA. If you lobby, you lobby. No more of this ridiculous 20 percent exemption.

All registrants should be required to disclose all legislative contacts with a member of Congress, staff or executive branch employee. Disclosure should include all legislation and regulations discussed and all requests for specific services or government funding. Right now the reporting is so general you have no idea who lobbyists are actually meeting with, or what is being discussed.

All legislative contacts should be reported within 24 hours of any meeting.  A reporting template should be set up so that we can report from our iPhones and Blackberrys. Reporting lobby contacts should be a simple and seamless as texting.

And finally, all campaign contributions made and bundled by lobbyists should be reported within 24 hours of being made. All such disclosures should be made electronically, published promptly and maintained online in a downloadable, searchable, sortable format.

And the White House needs to get real.  Real time, on line transparency is key to holding lobbyists at bay—not bans on one group of special pleaders while another group gets to waltz in and out of 1600 Pennsylvania Ave.

Who else wants to sign up with me?

Weekly Media Roundup - May 1, 2009

Here are a few of the more interesting media mentions of Sunlight and our friends and grantees from this week:

David Herbert with the National Journal (subscription required) wrote about the grades new media experts from across the political spectrum gave the Obama administration’s Web presence. The experts gave WhiteHouse.gov an average grade of C+. Although they mostly see it as an improvement from the previous administration's site, many noted that it remained a one-way forum and suggested it be opened to allow comments and other interactive features. Herbert quotes Ellen Miller, Sunlight’s executive director, "This occasional use of interactive tools" is impressive, but "90 percent of the time the site is pretty straightforward, as it was under [George W.] Bush." Recovery.gov, the administration’s site where citizens can monitor the expenditure and use of recovery funds, fared even worse in the Journal's poll, averaging a C. The most common gripe about the site, Herbert writes, is that it's "the view from 30,000 feet," as Micah Sifry, senior technology advisor for Sunlight and Personal Democracy Forum (PDF) co-founder, told him. Without providing on-the-the ground details, Recovery.gov offers taxpayers few tools for staying on top of where their money is going, reviewers said. Recovery.gov has competition in the form of privately-operated Recovery.org, which has "more granular data and a real search tool, which one assumes we'll eventually see on Recovery.gov," Micah explains. "I don't think it's fair to compare this site to other Web sites yet, as it's just weeks old," Micah added. "Let's take another look in three to six months, OK?"

Chris Lefkow with Agence France-Presse gained a different take by interviewing academics, technology analysts and nonpartisan groups on the administration's technology efforts. Lefkow writes that they all said the first "tech president" is off to a good start. Lefkow quotes John Wonderlich, Sunlight’s policy director, "their first pronouncements are very encouraging,” and added that the challenge, however, is going to be the implementation. Andrew Resiej, Sunlight’s other senior technology advisor and PDF co-founder, said the administration been doing as much as it can to fulfill its promises in regards to transparency and technological innovation. “However they've been constrained by decades of industrial-age rules and regulations and procurement protocols that are handicapping the speed at which they can implement that vision," he said.

Declan McCullagh at CBS News' "Political Hotsheet" blog also wrote about how President Obama's follow through on his transparency vow is receiving mixed reviews. In the post McCullagh highlights how Sunlight's Our Open Government List is allowing users to vote on what's most important to see in the 120-day review. McCullagh reports that the winner so far is formal data standards, which would allow programmers to extract government databases to be incorporated in their own applications. McCullagh also mentions that Sunlight hosted TransparencyCamp.

Dan Eggen at The Washington Post wrote about how some of the nation's largest defense contractors, labor unions and trade groups are forging an alliance to try to stop the Obama administration from cutting certain weapons programs. They are arguing that the proposed cuts would threaten 100,000 or more jobs. Eggen cites Center for Responsive Politics (CRP) data to show the defense sector’s influence in Washington, where it gave nearly $26 million to congressional candidates last year and spending $150 million on lobbying.

The New York Times republished Robin Bravender’s piece from Greenwire exploring President Obama’s regulatory actions taken during his first 100 days in office. Bravender quotes Gary Bass, OMB Watch’s executive director, "In most instances, the administration has moved away from a presumption of government secrecy to one of government openness, and Obama has scrapped some of the most damaging revisions of the regulatory process that Bush and his team imposed on the nation." The article highlighted OMB Watch’s “Advancing the Public Interest through Regulatory Reform” report (pdf), which is one of two reports, both released on Tuesday, assessing the Obama administration’s work on government transparency and regulatory reform at the 100-day mark. The second report, titled “21st Century Right-to-Know Agenda” (pdf) looked at the administration’s follow through on transparency and openness. Overall, the reports state that the president and his team have made significant progress in both the right-to-know and regulatory areas, but much more work needs to be done.

Carol D. Leonnig with The Washington Post reported that U.S. Rep. John Murtha (Pa.), chair of the House defense appropriations subcommittee, got the Pentagon to spend about $30 million on “the little-used airport named for him so it can handle behemoth military aircraft and store combat equipment for rapid deployment to foreign battlefields.” Most of the improvement, Leonnig writes, were funded through appropriations approved by Murtha's subcommittee, and have not been used for their intended purpose. The article includes comments by Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington.  "Nobody wants to say no to Congressman Murtha or make him mad because he controls defense appropriations," she said. "Murtha wanted an airport, and he knew he could get one. It's like he's a billionaire, except it's not his money."

Robert O'Harrow Jr., writing at The Washington Post's "Government Inc." blog, writes about a new report from the Inspector General for TARP, which says the bailout is growing more complex and costly, and is operating with no clear leadership. O'Harrow highlights and extensively quotes from Anu Narayanswamy’s Real Time Investigations report that found the program is shrouded in secrecy, making it difficult to determine who is managing it.

USA Today published an editorial about how the federal government, when faced with the option of making information public or hiding it, is predisposed toward concealment. Federal Web sites are usually full of data, the editorial says, but are also notoriously hard to navigate. It mentions Google's new tool, Google Public Data, it launched this week to make it easier to search federal sites. Congressional sites can be even more inscrutable, they write, and mentions and links to Sunlight’s Senior Fellow Bill Allison's Real Time Investigations report regarding U.S. House of Representatives lawmakers disclosing their earmark requests, and how many responded by burying the links or posting unreadable pdf files. Kim Hart with The Washington Post also wrote about Google’s new tool, and quotes Clay Johnson, Sunlight Labs director, saying he’s encouraged by it.

Joab Jackson with Government Computer News wrote about how through mashups and Web apps, third parties are remixing and making innovative use of government agencies' information. Jackson quotes Clay as saying there are a lot of developers who are eager to get access to government data. "The nongovernmental sector will likely always have more talent and artistic capability than inside the government," Clay said. The article discusses Sunlight Labs' Apps for America contest, as well as Sunlight’s role in developing OpenCongress.org, OMB Watch’s FedSpending.org, CRP’s OpenSecrets.org and EarmarkWatch.org. Jackson also highlights Josh Tauberer's work at GovTrack.

Federal News Radio interviewed Clay about Data.gov, new federal CIO Vivek Kundra's soon to launch central repository for government data and research, and links to Sunlight Labs' mock up of the site.

Thanks, and see you next Friday!

Weekly Media Roundup - April 24, 2009

Here are a few of the more interesting media mentions of Sunlight and our friends and grantees from this week:

Sunday evening, BlogTalkRadio posted an episode of “Talking Gov2.0,” where Clay Johnson, Sunlight Lab’s director, discussed Sunlight, Sunlight Labs and the Apps for America contest. Speaking of Apps for America, Clay announced the winners on Monday. And Marshall Kirkpatrick at ReadWriteWeb wrote about the contest, and included a screencast of the winners.

Victoria McGrane with the Politico wrote about the lack of online disclosure of campaign finance data by candidates for the U.S. Senate, and the efforts to rectify this through S. 482, the Senate Campaign Disclosure Parity Act. She mention’s Sunlight’s Pass S. 482, and extensively quotes Lisa Ronsenberg, Sunlight’s government affairs consultant, about the need for the Senate to join the 21st Century.

The National Journal reported on data from the Center for Responsive Politics (CRP) that shows last year’s top 20 Political Action Committee contributors to federal candidates poured a combined $22 million into lobbying efforts from January through March -- an increase of nearly 20 percent over the same period in 2008.

Anne C. Mulkern with Greenwire (subscription required) used Capitol Words to look at the use of energy- and environment-related words by congressional lawmakers. The New York Times re-posted Mulkern's piece.

CongressDaily’s Carrie Dann reported (subscription required) on a new study conducted by Citizens for Responsibility and Ethics in Washington (CREW) that shows short-term lenders have dramatically increased their spending on lobbying and campaign contributions since 2004. The industry is trying to defeat a bill that would cap annual interest rates on consumer loans at 36 percent. The Los Angeles Times used CRP data in reporting that Sen. Christopher Dodd (Conn.), the chair of the Senate Banking Committee, has received over $44,000 from the industry in the first quarter of this year. The Times quoted Sheila Krumholz, CRP’s director, saying that it’s hardly surprising that payday lenders would be contributing heavy to Dodd now.

The Orlando (Fla.) Sentinel reported on a recently-updated Federal Contractor Misconduct Database by the Project on Government Oversight (POGO) that shows Lockheed Martin Corp., the nation’s largest defense contractor, is the number one offender. The group found Lockheed linked to 50 cases of civil, criminal or administrative misconduct since 1995.

Steve Coll at The New Yorker wrote about following the stimulus funding. “Like ornithology, it turns out that stimulus watching involves a larger, more passionate subculture than might initially be expected,” Coll wrote. He highlighted OMB Watch’s budget-and-tax-policy section that “often produces wonky stimulus-related tracking.”

The May edition of the Washingtonian magazine will include a feature on the Washington, D.C., region’s technology leaders, dubbing them “Tech Titans.” The feature will include Ellen Miller, Sunlight’s executive director, as one of the region’s tech leaders. The magazine’s Web site includes a video with several short statements by the tech leaders featured, including Ellen discussing her favorite gadgets and using technology to bring government transparency.

Bara Vaida at National Journal's "Under the Influence" highlighted a blog post by Nancy Watzman, Sunlight's Denver-based consultant, about the 170 fundraising invitations for 2009 events the Party Time campaign has collected so far.

National Public Radio's "All Things Considered" aired the first of a two-part story by Andrea Seabrook on the federal government's data being opened up via technology. The first part aired Thursday, and it centered on Recovery.gov, the Obama administration's site that's tracking spending by the economic stimulus plan. For the piece, Seabrook interviewed Ellen, Clay, Greg Elan, Sunlight evangelist, and Andrew Rasiej, Sunlight technology advisor. Seabrook has lead us to believe the second installment, which is scheduled to air during this afternoon’s edition of “All Things Considered,” will center more on the work of Sunlight. The program begins at 4:00 pm (Eastern Time).

Update: Seabrook's second installment can be seen and listened to here.

Thanks, and see you next week!

Weekly Media Roundup – April 13, 2009

Each weekday, Sunlight's communications team collects all the press mentions of Sunlight and of our grantees.  Instead of just keeping that to ourselves, we thought we'd try something new by highlighting some of the more interesting mentions  and sharing that with you each week. (You can also check out our Delicious page and our Press Center to see who's writing about us.)

Elizabeth Brotherton at Roll Call (subscription required), Associated Press Managing Editors, Paul Krawzak with CQ Politics and Deb Price with The Detroit News wrote stories about about U.S. House of Representatives lawmakers posting their earmark requests for the 2010 budget on their Web sites as new transparency guidelines required. Bill Allison, Sunlight’s senior fellow, researched the disclosures. Journalists used Bill's research as the base for their articles, including many regional papers reporting on earmarks requested by their respective congressional delegations.

National Journal’s "Tech Daily Dose" blog reported that the Center for Responsive Politics’ site OpenSecrets.org is going "open data" this week. For the first time in their 26-year history, CRP "is making its most popular data archives fully available to the public for download for free,” The Journal writes.  Sunlight helped fund CRP's OpenData initiative to make millions of records available under a Creative Commons license, The Journal adds.

Sheryl Gay Stolberg with The New York Times wrote about President Obama's promise to bring transparency to the federal government. She notes the administration is finding that fulfilling the pledge is easier said than done. Technological hurdles, privacy concerns and the Washington's entrenched culture of secrecy have so far proven hard to overcome. Stolberg lists several steps the Obama team have successfully taken, the streamlining of a health care summit over the White House Web site and the setting up of Recovery.gov to help track the stimulus package. She quotes Ellen Miller, Sunlight’s executive director, as saying the site is “an amazing potential model of how information is made available to the public."

The Huffington Post published an op-ed by Mike Klein, Sunlight’s co-founder and chair, where he commends President Obama for establishing a transparency policy applicable to lobbying and the stimulus program. Mike encouraged the administration to not limit transparency just to lobbying the stimulus program. "The president should now mandate real time online transparency of lobbying throughout the executive branch." He also called on Congress to amend the Lobbying Disclosure Act so that lobbyists would be required to disclose all lobbying, whether of the Congress, the executive branch or the independent agencies, and in real time and online. Ryan Singel at Wired's "Epicenter" blog profiles Sunlight Labs’ contest Apps for America, and asked his readers to vote for their favorites.  Mark Tapscott, editorial page editor of the Washington Examiner, also wrote about Apps for America. Winter Casey and Bara Vaida at National Journal's "Under the Influence" blog and Jonathan Stein of Mother Jones wrote about mockups of Web-based lobbying disclosure forms John Wonderlich, Sunlight’s policy director, and Ali Felski, Sunlight Lab’s senior designer, created.