Newsletter 301 — November 21, 2024
Heidi Burgess and Guy Burgess
On October 30, Lorelei Kelly sent us a letter that was previously sent to the U.S. House of Representatives leaders, asking them to support the continuation of the 118th Congress's House Administration's Subcommittee on Modernization into the 119th Congress and beyond. She asked us to share this letter with our readers, hoping that they, too, would support this effort.
We have written about this subcommittee, and its predecessor, the House Select Committee on the Modernization of Congress, a number of times on Substack and the BI newsletter, and elsewhere on Beyond Intractability: in Newsletters 225 and 286, and in a summary of an article Lorelei wrote in 2019 about the Select Committee, together with a summary of an article written by Grande Lum and Bruce Patton about the Select Committee when it won the 2023 Sander Award. We also talked about the Committee's work and achievements in our interview with Grande.
The original Select Committee was a model of bi-partisan process and outcomes — exemplary in this era of hyper-polarization and Congressional stalemate. It had equal numbers of Democrats and Republicans, who sat side by side around a table, not on opposite sides of an aisle or up high on a dais. They shared the same staff (typically committees have separate staffs for each party). The co-chairs sat around the table as well, as did the experts they talked to. Rather than giving each person a set (short) time to talk, people chimed in whenever they felt moved to do so. The result: real conversations. Real relationships. Real understanding. And real agreements. The result of such a collaborative process was a series of collaborative outcomes — 202 recommendations for modernizing Congress — most with strong bipartisan support. (You can read more about this committee's processes and results in this Amanda Ripley article from 2023 and also in this Implementation Tracker that Lorelei shared.)
The 118th Congress's Subcommittee on Modernization was the follow-on body that was tasked with implementing these recommendations. While it has made considerable progress, as the letter says, much remains to be done. So many of the people outside of Congress who have been involved in this effort — the so-called "Fix Congress Cohort" —wrote a letter to House leaders Johnson (R and Speaker) and Jeffries (D and Minority Leader) urging them to continue this committee into the upcoming congressional session. When I asked Lorelei how people can support this effort, she wrote an essay, which is included immediately below. Following that, we share excerpts from this original letter, followed by a listing of the "peace-related recommendations" the committee is working on (compiled by Lorelei), and the status of each of these. We end, as we often do, with our own thoughts about this effort. Spoiler: We think it is extremely important at this challenging time and hope many of you will take the time to contact your congressperson and support it.
Lorelei's Thoughts on How We Can All Get Involved
The post-election political landscape brings into stark relief a long simmering shift in the typical and expected behavior of our leaders– in other words, in America’s democratic norms. Our democracy is not only a work in progress, it is brittle.
First, let’s take a deep breath and rest. But then we must get back to work. This election outcome created an open moment to establish new norms –practices that support a renewed democracy and enable meaningful progress. And we peacebuilders need to be the first movers.
I’ve been leading Georgetown’s congressional modernization work since 2015 and helped Congress pass 202 recommendations to improve Congress's effectiveness in creating a more informed and responsive democracy. Here’s a tracker so you can see how this reform effort is proceeding. These recommendations are bipartisan. No matter who is in charge, individual members need to know about this reform so they can support it. You can be this vital messenger. (Congress is vast and does not communicate well inside the building. Just because this happened in their own workplace does not mean that your member knows much about it!)
Now is a great time to meet with the local staff of your member of Congress and cheer on the progress of modernization. Check out your member’s bio, committees, press releases, legislation introduced and caucus memberships. What is the best connection to practice new democratic norms? Here is a letter that I signed together with colleagues from the “Fix Congress” cohort seeking to keep the momentum going forward. [This is the letter we excerpt below.]
Don't shout from the sidelines, swing from the seams! Digital progress has created new spaces for democracy to flourish adjacent to institutions. Instead of protesting, think about how you can create new norms and practices to fill this space.
And there’s more. Regardless of the election results, much of our modernization work needs to move outside of DC and be implemented by communities in states and districts across the USA. One of the recent rule revisions allows [Congress] members to partner with local civil society groups in unprecedented ways. As long as the event is constituent serving, members have much more freedom to partner than they did one year ago. Community discourse about local priorities and the direction of our nation are certainly constituent serving activities! Other recommendations that await implementation relate to digital capacity, peacebuilding, and increasing public involvement in lawmaking. Could your organization convene a gathering to discuss a local issue that also features a deliberative technology platform? Strengthening democracy requires that we better organize and maintain civic voice. Does your member know about the Public AI movement seeking to create an accessible, accountable and permanent version of AI that benefits everyone? Help your member become more comfortable with modern tools. The silver lining of the pandemic is that now every office is skilled at remote participation. Convene a local event to discuss community priorities. A few years back, Congress created Community Grants and every member gets to allocate 15 of them for local projects. Are you at a university? Take advantage of the new rule allowing for staff professional development.
Check out this website for more ideas and playbooks about how to get started in this new democratic space. And don't forget, once you get up to speed, make a date with your local member office.
Excerpts From the Original Letter to Congress
We, the undersigned civil society organizations who care deeply about strengthening Congress, are writing to express our strong support for the continuation of the Committee on House Administration’s Subcommittee on Modernization into the 119th Congress and beyond. As organizations that have worked together to support House modernization efforts for many years, we have had a front row seat to the successes of this approach. Under both Republican and Democratic leadership, the House has undergone its most impressive transformation in decades. The work of this Subcommittee is essential to ensuring that the U.S. House of Representatives remains an effective, efficient, and transparent institution that can serve the American people. As you are aware, the House Select Committee on the Modernization of Congress, made 202 recommendations aimed at improving the functioning and accessibility of the House of Representatives. These recommendations covered a broad range of issues, including increasing staff professional development and retention, enhancing technology and cybersecurity, improving the legislative process, and fostering a more collaborative and bipartisan work environment. The Select Committee’s work was bipartisan and driven by a shared commitment to making Congress more effective and responsive. In the 118th Congress, the Subcommittee on Modernization was tasked with implementing these critical recommendations. Under the direction of Chair Stephanie Bice (R-OK) and Ranking Member Derek Kilmer (D-WA) the Subcommittee has continued to make tremendous progress and meaningfully improve how the institution works for Members, staff, and the American people. ...
The Subcommittee has also undertaken its own ambitious agenda for a more functional Congress. Cutting-edge efforts to determine how to safely integrate artificial intelligence into House operations has put the chamber first among world legislatures in dealing with this society altering technological development. The Subcommittee also initiated a long overdue review of the performance and leadership of the Congressional Research Service, setting this important support agency on a path to better serving Congress in the 21st Century. While significant progress has been made, much work remains to be done. The Subcommittee’s ongoing efforts to modernize our legislative processes, strengthen the institution’s infrastructure, and promote transparency are crucial for the long-term success of the House of Representatives. The continuation of this Subcommittee into the 119th Congress is vital for several reasons:
- Sustained Progress: The complexity and scope of the 202 recommendations require sustained effort over multiple Congresses to ensure full and effective implementation. Without the continuity provided by the Subcommittee, there is a risk that this important work could stall or be deprioritized.
- Institutional Memory: The Subcommittee provides a dedicated space for preserving institutional memory and knowledge of modernization efforts. This is crucial to ensure that future Congresses can build upon the work already done rather than starting from scratch.
- Bipartisan Collaboration: The work of the Subcommittee has been a model of bipartisan collaboration, an essential element in today’s political climate. Continuing this work sends a strong message to the American people that their elected representatives are committed to making Congress more effective, regardless of party affiliation.
The Supreme Court’s recent decision overruling Chevron deference [a legal doctrine that required courts to defer to agency interpretations of statues, even when the court's interpretation differed] has ignited debates about how and whether Congress can fulfill its constitutional lawmaking role. The last five years of modernization efforts have positioned Congress to rise to that challenge. In June, the full Committee on House Administration held a hearing where bipartisan consensus emerged: Congress must continue strengthening its institutional capacity to avoid ceding more power to the other branches. We believe the Subcommittee on Modernization is the right venue to continue driving this needed progress.
Lorelei's Compilation of the Peace-Related Recommendations of the House Select Committee on the Modernization of Congress and its Follow-on Modernization Committee:
Peacebuilding, Trust and Engagement
- Recommendation 127: Information on outside organizations and resources: The House should provide information on organizations and resources members can access for services to help manage conflict and foster common ground. [Open, in need of attention]
- Recommendation 171: Joint Committee on Continuity: Congress should establish a joint committee to review House and Senate rules and other matters ensuring continuing representation and congressional operations for the American people. [Open, in progress]
- Recommendation 173: Outreach and Constituent Communication. The House should provide offices with information related to outside organizations and resources available to assist members and committees that wish to enhance outreach efforts or utilize new tools for constituent communication and engagement. (Note: ethics rules revised in 2024 to facilitate collaboration with civil society) [Open, in progress]
- Recommendation 174: Interactive Platform: The House should study and present options for developing a public-facing interactive platform for constituents to offer their opinions and feedback on pending legislation. [Open, in need of attention]
- Recommendation 176: More on the Interactive Platform: The House should study and present options for developing a platform for committees that want to solicit public comment and evidence on topics that might be coming before the committee. [Open, in need of attention]
- Recommendation 187: Use of Open Source Software: The House should review current policies and, where appropriate, allow opportunities for congressional use of software and its underlying code that is developed by outside civic technology organizations (Open Source) [Open, in need of attention]
Capacity
- Recommendation 102: Improved Professional Development: The House should allow Member, committee, and leadership offices to pay for certain professional development opportunities for staff that include a certification. [Closed - Implemented]
- Recommendation 142. Congressional Commission on Evidence-Based Policymaking: Congress should establish a bipartisan, bicameral Commission on Evidence-Based Policymaking to encourage and facilitate better use of data in the legislative process. [Open, in progress]
- Recommendation 148. Information sharing between district offices: The CAO (Chief Administrative Officer) should facilitate opportunities for staff that work directly with constituents to connect and share best practices. [Closed - Implemented]
- Recommendation 156. Technology solutions to help offices better serve constituents: The CAO should develop or provide optional in-house technology solutions to district offices to improve casework and other services (also related is 155, constituent control over their own data) [Open, in need of attention]
Early in its tenure, the Modernization Committee held a hearing on improved constituent engagement. The chairs also convened a roundtable on Capitol Hill with a civic engagement working group who shared ideas and prototypes to improve civility among members and productive engagement with constituents. Here is the official link to the modernization recommendations.
A Note from Heidi and Guy
Given the amount of hand wringing (and head throbbing) that is going on now among Democrats regarding what they see as Donald Trump's attempt to destroy so many Executive Branch agencies, it would be easy to conclude that the situation is hopeless. However, rather than deciding that there is no point in trying to work with the other side, there are realistic steps that could be taken to strengthen Congress so that it can more effectively play its role in our checks-and-balance system.
Some of our readers are likely to groan, thinking "yes, but the House is run by Republicans now. They will just do whatever Trump wants them to do." Not necessarily. The House Select Committee on the Modernization of Congress almost fell apart after January 6, 2021. Chair Derek Kilmer met with all the committee members after January 6, asking them what they wanted to work on. According to Amanda Ripley, the answer was
nothing. Most didn’t think Democrats and Republicans would be able to sit in the same room together, let alone work with each other. ... Many Democrats refused to work with any of the 147 Republicans who had voted against certifying the election results — three of whom were on the modernization committee, including the new Republican vice chairman, William Timmons. After a long conversation that involved tequila, Kilmer and Timmons decided to confront the fracture directly.
They got together with a facilitator (David Fairman of the Consensus Building Institute) on Zoom (since this was during the pandemic) and talked about their experiences that day. They explained what they did (and why) and how they felt about it. As they did this, Fairman guided them through active listening. Starting with Timmons and Kilmer, he asked each to acknowledge what the other had said (they didn't have to agree with it), and then say what resonated with them. Again quoting Ripley,
This sounded painfully awkward, and it was, at first. But they did it anyway. Then all the other members took their turn, one by one. “The conversations were quite remarkable,” Fairman says. “They surpassed my expectations.”
When people in intractable conflict sit down and listen to each other under the right conditions, they make surprising discoveries. “There were several cases when one party said something, and the other side’s jaw dropped,” said David Eisner, head of the nonprofit Convergence, which helped organize the retreat. “Both sides believed the other side had been acting politically. And something happened where they realized they were all people — people who had been through something traumatic.”
Even as they continued to bitterly disagree about many things, the simple experience of being heard was cathartic. “It felt like someone turned the air conditioner on,” Eisner says. “You saw people starting to be curious about each other again.” Afterward, several members told Kilmer they were ready to work together. Nothing was resolved, but much was illuminated.
When they returned to Congress in person, Kilmer and Timmons instituted the reforms we described above — having everyone sitting around a table, next to people from the other party. Again quoting Ripley,
Turns out that fixing politics starts by rearranging the furniture. “You can foster more productive conversation when you can look each other in the eye,” Kilmer says when I asked him to explain the obvious.
Remember how, in kindergarten, the teacher wouldn’t let you sit next to your best friend and co-conspirator? Well, the committee also integrated the hearing-room seating so that Democrats sat next to Republicans.
These and many other "simple" innovations allowed the Committee to be incredibly productive. Guy and I often quote [Kenneth] Boulding's "First Law"— "if it exists, it must be possible." The corollary in this case is "if it was done then, it can be done again." We can't think of a more urgent time for all of us to step up and show that we want Congress to operate effectively and collaboratively and to provide the checks on unbridled administrative power that the founders designed Congress to have. Let's tell all our representatives that this must be done!
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BI sends out newsletter 2-3 times a week. Two of these are substantive articles. Once a week or so we compile a list of the most interesting reading we have found related to our topics of interest: intractable conflict, hyper-polarization, and democracy, and we share them in a "Massively Parallel Peace and Democracy Building Links” newsletter. These links include articles sent by readers, information about our colleagues’ activities, and news and opinion pieces that we have found to be of particular interest. Each Newsletter will be posted on BI, and sent out by email through Substack to subscribers. You can sign up to receive your copy here and find the latest newsletter here or on our BI Newsletter page, which also provides access to all the past newsletters, going back to 2017.
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