Congress releases open data on bill status

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Imagine searching Facebook, Google or Twitter for the status of a bill before Congress and getting an instant result. That future is now here, but it’s not evenly implemented yet.

When the Library of Congress launched Congress.gov in 2012, they failed to release the data behind it. Yesterday, that changed when the United States Congress started releasing data online about the status of bills.

For the open government advocates, activists and civic hackers that have been working for over a decade for this moment, seeing Congress turn on the data tap was a historic shift.

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Congressional leaders from both sides of the aisle applauded the release of House and Senate bill status information by the U.S. Government Printing Office and Library of Congress.

“Today’s release of bill status information via bulk download is a watershed moment for Congressional transparency,” said House Majority Leader Kevin McCarthy (R-CA), in a statement. “By modernizing our approach to government and increasing public access to information, we can begin to repair the relationship between the people and their democratic institutions. The entire Congressional community applauds the dedication of the Legislative Branch Bulk Data Task Force, the Office of the Clerk, the House Appropriations Committee, GPO, and the Library of Congress, which worked together to make this progress possible.”

“Building off previous releases of bills and summaries, today’s release of bill status information largely completes the overarching goal of providing bulk access to all the legislative data that traditionally has been housed on Thomas.gov and now also resides on Congress.gov,” said Democratic Whip Steny Hoyer (D-MD). “This is a major accomplishment that has been many years in the making. It goes a long way toward making Congress more transparent and accessible to innovation through third party apps and systems. I applaud the dedicated civil servants who made this possible at the Legislative Branch service agencies, and I want to thank the Bulk Data Task Force for their leadership in this effort. While this largely completes a major goal of the Task Force, I look forward to continuing to workwith them to further modernize the U.S. Congress.”

The impact of open government data releases depend upon publicy and political agency. Releasing the states of bills before Congress in a way that can be baked in by third party apps and services is a critical, laudable step in that direction, but much more remains to be done in making the data more open and putting it to use and re-use. If the Library of Congress opens up an application programming interface for the data that supplies both Congress.gov and the public, it would help to reduce the asynchrony of legislative information between the public and elites who can afford to pay for Politico’s Legislative Compass or Quorum Analytics that is the status quo today.

In an era when Congress job approval ratings and trust in government are at historic lows, the shift didn’t make news beyond the Beltway. Govtrack.us, which is based upon data scraped from the Library of Congress, has been online for years. Until this XML data is used by media and technology companies in ways that provide the public with more understanding of what Congress is doing on their behalf and give them more influence in that legislative process, that’s unlikely to change quickly.

Do nudges and civic apps help or hinder public policy reform?

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The New York Times published a thoughtful exploration of societal probems, behavioral economics and government policy today. The intended big takeaway is clear enough: systemic issues, from poverty to retirement savings, need bigger policy intercessions than “nudges” to address the underlying issues.

To the extent that nudging distracts or delays broader change, the thinking goes, they may even be negative. You can tell that’s the intention because Eduardo Porter, the author, and the editor gives the “kicker quote” — the last word — to this expert:

“The single biggest contribution of behavioral economics to public policy is taking this flawed approach to retirement savings and making it a little bit more viable,” Mr. Loewenstein told me. “The downside is that if we make it just sufficiently viable, people won’t recognize how bankrupt the concept is.”

To his credit, Porter did acknowledge *why* the Obama administration has embraced applying behavioral economics in public policy — “Washington’s political paralysis.” In the face of a Republican-controlled Congress, the White House has had little reason to expect to enact any large social reforms since 2010, which means taking other approaches to improving social outcomes became more attractive. This is relevant to the Democratic presidential campaign as well, but that’s a subject for a separate piece.

As it happens, this is an argument that I’ve run into before, albeit in another context.

In 2013, voluble tech critic Evgeny Morozov made a similar observation about food stamp apps that help people keep benefits:

When I asked him why alerting the poor via a mobile device that their food stamps are expiring (versus a densely worded mailed printed document) is not an achievement, he responded that it “perpetuates a neoliberal regime where paperwork equals precarity equals a barrier to decent life.”

When I responded that, barring a political revolution, this system is the one the poor must negotiate, Morozov suggested that I take my pragmatic attitude somewhere else: a food stamp app is “a perfect example of tech that makes already ugly regimes more efficient.”

In my view, then and now, is that if “paperwork equals precocity,” improving the capacity of poor to access & retain benefits looks like a social good.

Morozov responded that “social goods come in different kinds, and that “the one you advocate is woefully unambitious.”

“Keep pretending that making ugly programs more efficient is apolitical or is in fact a social good,” he suggested.

Morozov asked if I had ever heard of a basic income, arriving at the significant social reform he presumably supports, providing the poor with an automatic benefit instead of one that they must register for and maintain. (The answer, then and now, was yes.)

It is extraordinarily unlikely, however, that the 114th Congress of United States of America will enact such a reform this year or next.

In that context, I’m not sure that food stamps — subsidies for families to buy food — are “ugly.” Removing a social program families depend on and letting our fellow citizens and their children go hungry to try galvanize political reforms would be ugly.

I do think that the way that they are currently delivered and administrated is ugly and must be improved. The software people must use to register for food stamps should be just as user-friendly as ordering a car through Uber.

I also think that applying behavioral economics to existing government programs makes sense, along with better designed digital services, as long as policy makers are transparent about how they are using nudges and disclose evidence to justify the defaults that they establish.

If you share Morozov’s view or have other arguments, please link and share them in the comments.

P.S. I think there was something of a strawman embedded in the Times article: Have President Barack Obama, Richard Thaler, Cass Sunstein or any other public official or researcher ever claimed that “nudges” alone would be enough to lift people out of poverty or develop additional income needed to save enough for retirement? I couldn’t find such an assertion. (If you do, please let us know.)

[FIGURE CREDIT: Re-enrollment rate changes for military service members after the introduction of a prompt, as detailed in the 2015 annual report of White House Social and Behavioral Sciences team]

REPORT: Limited White House Progress On Open Government Commitments

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Today, OpenTheGovernment.org released a report of experts who evaluated how well the Obama administration has met its commitments to the Open Government Partnership in its second National Action Plan for Open Government. As you can see in the chart above, the researchers found only one commitment is fully met. Others, not so much.
What’s behind the hold up ? Here’s what the researchers suggested:
The possible explanations for why government agencies were unable to complete the initiatives varied across the evaluations. For example, the evaluation on the commitment to “Modernize the Freedom of  Information Act,” attributed the limited progress on this commitment to the lack of a strong mandate, absence of political will, and need for greater leadership. The evaluation of the commitment on transparency for legal entities noted “corporate opposition” as an apparent roadblock to that potentially transformative commitment. On the commitment to increase transparency of foreign intelligence surveillance activities, the lack of progress was discussed as possibly being a result of the complex challenges stemming from a deeply engrained culture of secrecy.
The lack of benchmarks and specific language is another commonly noted problem that emerges from this report. OGP guidance notes that governments should develop specific commitments and, where commitments have multiple sub-commitments, they should be broken into “clear, measurable milestones.” While the Civil Society Model Plan for the NAP 2 included detailed benchmarks and timelines for achieving measurable sub-commitments, these are generally not included in the U.S. NAPs.
Keep all of this in mind as The White House and federal agencies talk about new open government commitments.
I was asked to examine the administration’s progress meeting a commitment on the Freedom of Information Act — but failed to submit my own comments. As noted above, while the Obama administration made some progress on a new FOIA website, the Justice Department has so far failed to deliver better FOIA software — or, even better, an API for FOIA software vendors to build on. More problematically, the White House has been completely silent on Freedom of Information Act reform in Congress, despite language that mirrored the information policy that President Barack Obama and former U.S. Attorney General Eric Holder promulgated.
Those issues aside, the lack of progress on the potentially transformative commitments offers an opportunity for the Obama administration in its final year, as well as a set of idea that the presidential candidates could take up on the trail. Pushing even one of these through to completion by next January would be meaningful.
P.S. If you are a reporter covering the campaigns, please consider asking the candidates these  open government-related questions drafted by OpenTheGovernment.org and the American Society of News Editors (ASNE).