FBF: Hacking Congress, but in a good way (8/19/2024)

The Top Line

Matt Lira, who held a wide variety of technology-related posts in Congress, recently spoke about how to modernize Congress – especially congressional technology – in a wide-ranging interview in Statecraft. Matt was around during the heady days when Reps. Darrell Issa, Steny Hoyer, Eric Cantor, Mike Honda, Nancy Pelosi, and others were pushing forward innovation on Congressional technology.

Anyone remember the 2007 Open House Project report, the 8 principles of open government data, or the recommendations to the bulk data task force? There’s a long, largely untold story of the collaborative effort among congressional political staff, non-political staff, and civil society coalescing around the start of the Obama administration that brought tremendous energy to modernizing legislative branch technology. One focus was improving transparency, but another was to save staff from the drudgery of aspects of their work so they could serve a higher, democracy-supporting function. Let me quote Matt on this point:

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FBF: Looking under the hood at the rules (8/12/24)

The Top Line

I teased last week that much is happening behind the scenes in Congress that’s not about the re-election. August is the un-official starting gun for efforts to modify chamber and party rules plus subtle campaigning in leadership elections and for committee assignments. Everyone is focused on the election, of course, but savvy players are simultaneously jockeying for what comes afterward.

Let’s be honest: chamber and party rules are largely about power: who has it and how they use it. These rules could be about creating a fairer process, and in a better world perhaps they would be, but in the real world they’re about building and maintaining power structures – and buttressing legitimacy for those structures.

In light of this reality, I’m pleased to share recommendations to modernize the rules of the House of Representatives. These comprehensive, bipartisan recommendations – co-authored by Zach Graves at the Foundation for American Innovation and myself – are something of a tradition. We’ve made suggestions for the rules package going back to the 112th Congress.

We are releasing these recommendations now because our focus is on building a stronger House of Representatives that meets the challenges of the moment. We get to take the long view with recommendations that appeal to the short and long-term interests of members and the various factions into which they organize themselves.

Our key recommendations hone in on strengthening the House post-Chevron, advancing technology and innovation, strengthening Article I, improving transparency and accountability, and modernizing congressional operations. If this seems highfalutin, the recommendations are concrete. For example, committee staff numbers should be increased by 30%. The House should establish a regulatory review office and a nonpartisan science and technology advisor. It should buttress its inherent and statutory contempt powers, provide TS/SCI clearances to one staffer in each member office, and renew the modernization subcommittee. And, as Politico reports, much more.

I hope you’ll read our key recommendations – and read on into the full report. We worked hard to make useful and actionable recommendations. We don’t expect every member to take them up en bloc, but we do think that many will find particular recommendations useful and pick up the banner.

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FBF: Congress is OOO but this week’s Congress news is in your inbox (8/4/24)

The Top Line

From our shameless self-promotion division, Roll Call was kind enough to profile me this past Tuesday.

Do you support democracy? I mean, do you work at a foundation or are a high-net worth individual and want to see our political system work better? If so, the folks at Democracy Fund Voice have published a blogpost and white paper that outlines their successes and lessons learned in supporting congressional capacity and congressional reform work. I had the pleasure of working with Democracy Fund Voice and Democracy Fund for many years and their support  and insight was essential to my success.

Congress is out and it’s my suspicion that news from Congress may slow down. While the press chases the campaign, in the background are important efforts to resolve the differences in the Appropriations and NDAA bills for passage in December, hammering out a Continuing Resolution to keep the government open, jockeying for positions on committees as members retire – and the work to update the rules for the House, the Senate, and the parties inside them. The rules in particular have long been an interest of mine – process guides the results – and the August recess is the unofficial kick-off for a lot of this work. Stay tuned.

Know a technologist who should work in Congress? The TechCongress fellowship has applications open through August 7th for their January cohort. Mid-career fellows receive a $93,000/year stipend and early-career fellows receive a $70,000 annual-equivalent stipend.

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FBF: Litigating for COLA

Politico’s Katherine Tully McManus broke the story that four current and former Members of Congress are suing for back-pay and benefits using a novel Twenty-Seventh Amendment theory. They argue:

“For 21 of the 32 calendar years since the Twenty-Seventh Amendment’s 1992 ratification, Congress and the President have unconstitutionally suppressed COLAs that should have been applied to congressional pay. In each case, the suppression of the statutory COLAs was enacted and implemented without an intervening election, as required by the Amendment’s plain terms.”

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FBF: Sunshine Week Lights the Way

This week is Sunshine Week, the annual celebration timed to James Madison’s birthday “that shines a light on the importance of public records and open government.” Sunshine Week began in Florida in the early 2000s in response to efforts by members of the state legislature to create a plethora of new exemptions to the state’s public records law. It has spread nationally, with some federal agencies hosting Sunshine Week events and the House’s Oversight Committee and the Senate Judiciary Committee (and sometimes Homeland Security and Governmental Affairs Committee) holding oversight hearings, marking-up legislation, and sending letters. Here’s a list of this week’s events.

Why should we care about government transparency?

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FBF: The End of an Era in the American Experiment

It’s not easy to recognize when our political system is transitioning from one era to another, but there are many signs that we are in the middle of that process.

This past week, Senator Mitch McConnell announced he will step down as Republican leader at the end of this Congress and retire from the Senate when his term ends. His nemesis, Democratic leader Harry Reid, retired from the Senate in 2017. In the House of Representatives, all of the “Young Guns” — Reps. McCarthy, Boehner, and Cantor, as well as Rep. McHenry — have left the Capitol, or are about to do so. Their longtime political opponents, Reps. Pelosi, Hoyer, and Clyburn, have recently stepped down from their leadership posts, although several are still influential in the House.

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FBF: Ensuring that Congressional Staff Can’t Be Backdoored on Cybersecurity

In January, the R Street Institute, Demand Progress Education Fund, and POPVOX Foundation hosted a cybersecurity training for House staff. While the House and Senate provide resources and training to protect official accounts, at this time, there’s no equivalent support for staffers’ non-official accounts.

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FBF: The Untapped Goldmine of Legislative Data: Rocket Fuel for AI

This past Tuesday, I sat in on an excellent hearing on the use of Artificial Intelligence in the Legislative Branch, hosted by the House Administration Committee. I’m not going to recap it here — Aubrey already did that — but I did want to share a good idea that I ripped off from the Obama administration.

It’s a really simple idea: in order to build on top of data, you have to know what you have. To wit: way back in the midst of time, 2013 to be precise, President Obama required agencies to conduct and create “enterprise data inventories” — a comprehensive list of all the data an agency holds.

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FBF: What’s Past is Prologue

In my work I have the luxury — sometimes the necessity — of digging into Congress’s past. How did things work before? What were people thinking? Is any of this relevant today?

So when reading through comments on the introduction of Congress reform legislation from the Congressional Record in the 1960s, I ran across a mention of a “Management Study of the U.S. Congress” by Arthur D. Little, Inc. in 1965. Naturally, I wanted to read it.

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FBF: How a Good Government Bill Becomes a Law

On Thursday, the House of Representatives did something unusual: it passed a small, bipartisan bill with a substantive and positive impact on policy. The PRESS Act, co-sponsored by Rep. Kevin Kiley [R, CA], Jamie Raskin [D, MD], and eighteen others, is a reporter shield law. The District of Columbia and every state except Wyoming provide a statutory protection or court-recognized shield for journalists.

This bill, like the ones in the states, prohibits prosecutors from forcing journalists and their IT providers to disclose information about their sources except when doing so would prevent terrorism or imminent violence. Basically, think of it as a clergy or attorney-client privilege, but for reporters talking to their sources — an entirely different form of confession. The purpose is to allow journalists to report the news without fear the government will go after them for doing their jobs. Going after the press for “leaks” is a time-honored way of distracting from the substance of the reporting.

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