Sunlight Foundation

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 8, 2009

Today, May 8th, marks the 125th birthday of Harry S Truman, our 33rd president. He once said, "Secrecy and a free, democratic government don't mix." Amen, Mr. President.

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

Monday morning, Tom Lee, a technology director at Sunlight, appeared on C-SPAN’s “Washington Journal” taking questions about Recovery.gov, the Web site set up to track spending under the federal government’s economic stimulus program. Tom is working on SubsidyScope, a project of The Pew Charitable Trusts, that looks at the role of federal subsidies in the economy. Below is the video of the segment:

Speaking of Recovery.gov, Matt Kelley with USA Today reported that the Web site won't have details on contracts and grants until October and may not be complete until next spring — halfway through the program. Kelley quotes Greg Elin, Sunlight’s chief evangelist, saying people accustomed to getting easily searchable information quickly could be frustrated. "If we have to wait until October to get the information or to the end of the year to get a powerful recovery.gov site, the Obama administration will have missed an important opportunity."

Katrina Vanden Heuvel, editor of The Nation, in an op-ed titled "Ways to Protect Our Democracy," highlights the work of Sunlight and Sunlight Labs, and mentions the Apps for America contest. Vanden Heuvel quotes Gabriela Schneider, "This is the next generation of civic engagement…We see it as a way to revitalize democracy. The transparency work is a catalyst for the greater democracy reform movement."

The U.S. Senate announced this week that it was going to start publishing roll call votes in XML, an online format that’s easily reusable by other programs. XML allows the data to be manipulated and organized in such a way that public interest groups can get a much more thorough picture of Senate voting patterns. In writing about the move, the Politico’s  Victoria McGrane quoted John Wonderlich, Sunlight's policy director, as saying the Senate’s decision was “spectacular.” The Examiner newspapers editorialized that the move signals the Senate had finally joined the 21st Century. As encouraging and important as this step by the Senate is, I’d hold off on that designation until senators start disclosing campaign finance data online and in a timely manner.

The New York Times’ Stephanie Strom highlighted the campaign to get Congress to release to the public Congressional Research Service reports, highlighting the efforts of Open CRS, Center for Democracy and Technology, OpentheGovernment.org and Sunlight.

Jeanne Cummings at the Politico wrote about “lobbyist contact” disclosures posted on government department and agency Web sites. She made note of a review conducted by Paul Blumenthal, Sunlight’s senior writer, that found only 14 of a possible 29 departments and agencies have created Web pages to disclose lobbyist inquiries. On March 20, President Obama issued a memo to all agencies involved with the distribution of funds from the American Recovery and Reinvestment Act requiring them to disclose all communications between lobbyists and agency officials. John Fritze with USA Today wrote that Obama’s effort to make lobbying more transparent has shed little light on the behind-the-scenes, special-interests lobbying thus far. He quotes Melanie Sloan, director of Citizens for Responsibility and Ethics in Washington, "We're looking to have more disclosure, not less. If this was supposed to give us more disclosure, why is it that you're not seeing lobbyist communications?"

Mother Jones' Jonathan Stein profiled Lisa Rosenberg, Sunlight’s government affairs consultant, terming her "K Street's worst nightmare" and "the lobbyist lobbyists hate." He wrote that Lisa is "not your average influence peddler," but does the "unthinkable" by lobbying for more oversight and regulation of lobbying. Stein quotes Lisa, "I have no friends...My lobbyist colleagues are cringing at the things that I do."

Joshua Zumbrun at Forbes.com wrote about six ways Uncle Sam can help rescue newspapers. One of his proposals is for the government to help ease newspapers into nonprofit status, citing the Center for Responsive Politics and the Center for Public Integrity as examples of nonprofit organizations that are already making an impact.

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!

Transparency 2.0

Nick Troiano at SocialGovernment.com has an interesting and important post about government transparency, the 2.0 version. Nick was reflecting from a discussion featured by the National Conference on Citizenship titled “In Transparency, We Trust?

He says “transparency 1.0” was government opening up its data for citizens to see. That age dawned in 1966 when Congress passed and President Lyndon Johnson signed into law the Freedom of Information Act.  Another transparency 1.0 manifestation was when government entities started setting up Web sites. But the communication was all one way, flowing from government to the citizens. But as Nick points out, our expectations of transparency in government have changed and now include participation.” This is the essence of “transparency 2.0,” where “a window between the people and their government” no longer will suffice. We need to have the ability to reach through the window and “fiddle around.” Observation is fine, but participation is now key. Nick notes that progress has been made toward the participatory aspects of transparency 2.0. He lists congressional lawmakers communicating with their constituents via Twitter and YouTube, President Obama’s online town hall meeting and Sunlight’s PublicMarkup.org, were citizens collaborated together write and comment on sample legislation. Lisa Rosenberg, Sunlight’s government affairs consultant, participated in the NCoC discussion, and said that the goal of transparency should be to open up discussions, improve the deliberative process, and help our democracy live up to its potential.  If government conducted its business online and in real time a more thoughtful, deliberative conversation between elected officials and the public could be created. This, in turn, would result in better public policy, more careful monitoring of the public purse, and more trust in government. Nick predicts transparency 2.0 will be the backbone of a more social, and thus, responsive government. Empowered citizens working with public officials to make informed decisions are benefits that transparency 2.0 promises to deliver.