Senators Should Always Share Bill Text Online Before Votes, Advocates Say

A call for earlier public access

Daniel Schuman, an author of the letter and executive director of the American Governance Institute, said people who follow the Senate’s work often cannot see the legislation being discussed. He said that includes the press and others who help explain what bills would do.

Schuman said limited visibility can allow flaws to go unnoticed and may let legislation advance without adequate public review. He recalled that in 2013 Congress repealed parts of a popular law on financial disclosure and insider trading with little public scrutiny.

Records can come too late

The Congressional Record documents legislative proceedings, bill text and proposed amendments, but it is released only after the legislative day ends. As a result, material introduced and considered on the same day may not appear publicly until after a vote.

Luke Hogg, a senior fellow at the Foundation for American Innovation, said his organization and the American Governance Institute had first worked to improve Senate staff access to the material. Now that staff have dependable access, Hogg said, the public should receive it too.

The House generally posts draft legislation and proposed amendments online before lawmakers consider them, with rare exceptions. The Senate’s current timing therefore differs from the House’s practice.

Unequal access concerns

Schuman and Graves argue that the Senate’s process favors people with ties to Senate offices. They say congressional support agencies, including the Congressional Research Service and the Government Accountability Office, as well as journalists and the public, may lack timely access.

The letter says access to public business being debated on the floor should be restricted as little as possible. The advocates hope the Senate will take up the transparency effort in the new Congress in January.

An aide to Sen. Alex Padilla, a California Democrat expected to chair the Senate Rules Committee, told NPR that Padilla is open to feedback on the proposal and other ideas for improving Congress. Senate Republican leader John Thune did not respond to a request for comment.