TECHNOLOGY MATTERS

“CONSTITUTING AMERICA” SERIES ON CONGRESSIONAL HISTORY

There are three ways Congress lives up to its mandate from the Founding Fathers – documenting their actions, recording their votes, and communicating with their constituents. Each method has changed as technology evolved. Each technological advance has expanded the availability of official records, and opened more avenues for communication and accountability.

America’s Founding Fathers understood the importance of communication and accountability between citizens and their elected representatives.

Even before the U.S. Constitution, the Continental Congress approved provisions for communicating with citizens, and assuring citizen accountability through knowledge of the actions of their elected representatives.

Articles of Confederation.

“…and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the Journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states.”

James Wilson, a member of the Committee on Detail which compiled the provisions of the draft U.S. Constitution, was a follower of the great British parliamentary scholar Sir William Blackstone. He quoted Blackstone’s Oxford 1756 lectures, which underscored the importance of a public record for holding officials accountable, “In the House of Commons, the conduct of every member is subject to the future censure of his constituents, and therefore should be openly submitted to their inspection.”

The U.S. Constitution mandates open communication and documentation.

Article 1, Section 5, Clause 3

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. 

During its ratification, the importance of citizens interacting with their elected representatives was institutionalized in the Bill of Rights.

Amendment 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Alexander Hamilton and James Madison made communication between citizens and their elected representatives fundamental to the integrity of representative Democracy.

Federalist No. 56
February 19, 1788

It is a sound and important principle that the representative ought to be acquainted with the interests and circumstances of his constituents.

Every day the Congress approves the “Journal” of the previous session. This is the official outline of actions taken during the previous meeting of each Chamber, like a set of minutes. It is codified in Section 49 of Thomas Jefferson’s 1812 Parliamentary Manual that governs Congressional operations.

Staff of the House Clerk’s Office, and the Secretary of the Senate physically write, and now type, every word said during Congressional sessions. These are transcribed and printed in the Congressional Record. Printed daily editions of the Congressional Record were distributed to Legislative Offices. A very limited number of copies were also available through those offices to the public.

This changed in January 1995, when the Library of Congress made digital copies of the Congressional Record available on its website. Continuous improvements now allow for user friendly search of the Record and all legislation, by anyone on the web, anytime, anywhere.

The Congressional Record remains the official transcript of proceedings. Since March 19, 1979 in the House and June 2, 1986 in the Senate, the Cable-Satellite Public Affairs Network (C-SPAN), a nonprofit private entity, provides live coverage of each Chamber. The cameras are owned and maintained by the Architect of the Capitol, while their operations and broadcasts are operated by staffs of the Chief Administrative Officer in the House and the Secretary of the Senate. C-SPAN receives the signal and airs it on its various cable television channels.

Live television fundamentally expanded the Congressional audience. Instead of the small public viewing galleries, anyone can now watch what happens instead of reading about it. Archived videos of each session can be accessed 24-7 on C-SPAN’s website.

Starting in 2007, every public hearing in the House is broadcast live, and archived as podcasts on each Committee’s website. The Senate only provides the traditional list of witnesses and publishes opening statements.

For over 184 years Congress used voice voting. The process of calling each Member’s name remains the Senate’s format. The House started using an electronic voting system on January 23, 1973. This reduced voting time from 45 minutes or more to 15 minutes. Clustering votes on noncontroversial bills, under “Suspension of the Rules”, can reduce vote times to five minutes. This saves as much as 400 hours a year in vote and “quorum call” time and provides immediate documentation of how each Member votes.

Everyday, citizens learn about the actions of the Legislative Branch through a free and vibrant news media and through direct communication with their elected representatives. Credentialing and supporting journalists covering Congress began in 1838. Today, the media galleries, operated by the House CAO and Secretary of the Senate, but managed by the media themselves, credentials over 6,000 correspondents from around the world.

Up until 1995, Members responded to their constituents requests and comments using paper, just like public officials had done for centuries. Handwriting gave way to typewrites, which evolved into word processors.

That all changed in 1995. Dramatic operational savings, achieved from strategic reforms in the House, gave Speaker Newt Gingrich the ability to invest in the CyberCongress. Former executives from IBM and other technology companies were recruited by the Chief Administrative Officer. They designed and implemented the most dramatic technology revolution in Congressional history. This giant leap took House communications from the 18^th Century into the 21^st in one giant leap.

The epic leap changed the layout of Capitol Hill and the culture of Congress forever.

• Five miles of fiber optics and thirty miles of T-1 lines, with all servers and switches installed through the Capitol Building and all five House office buildings and annexes.

• A Pentium computer in each Member, committee, and leadership office. This allowed for paperless transactions from "Dear Colleague" letters, to Whip operations, to financial record keeping, purchasing, and work orders.
• Uniform service contracts, equipment, training, and support to immediately make the entire system immediately operational.
• Moving all operational documents and databases onto a compatible digital database.
• A distributed architecture of secure servers, with sufficient firewalls to allow for Internet access, LAN, and intranet operations even to district offices, without fear of hacking or other security breaches.
• A unified email system.
• Enough server power and memory to support a 310 percent increase in electronic-based communications in the House in the first year, and doubling each year for ten years.
• A decision support center allowing for virtual caucuses, virtual committee meetings, and strategic planning meetings accessing distant users.
• Placing all Member support services online. This included all financial data, human resource data, and personal property inventory data being available electronically. It also
  allowed for desktop procurement and other forms of electronic commerce.

The CyberCongress took only ten months to be fully operational and came in under budget.

Today, Members and their staffs handle all constituent communication and case work over the web. Members have also become very savvy regarding social media. Facebook, Twitter, Instagram, and countless Apps, generate virtual and real engagement on a vast scale. Survey Monkey, Periscope, and other videos Apps, have reinvented the concept of town meetings.

Early on, some Members were terrified of Congress embracing the Information Age. “I don’t want to be talking to my constituents all the time, I want to get real work done” groused one senior Member.

Thankfully, even the doubters have now realized that representative democracy must move with the times.

[Scot Faulkner advises corporations and governments on how to save billions of dollars by achieving dramatic and sustainable cost reductions while improving operational and service excellence. He served as the Chief Administrative Officer of the U.S. House of Representatives. He also served on the White House Staff, and as an Executive Branch Appointee.]

2013 IN PERSPECTIVE

2013 was like any other year. We found new ways to be humane and inhumane. The frontiers of knowledge advanced both in discovery and dissemination. Creative genius existed next to odd people and events that were undeserving our attention.

Throughout these past twelve months, there were also patterns and trends that appeared or expanded into our lives. These will shape our existence in 2014 and merit further discussion.

SOURCE VERSUS SUBSTANCE
The quality of civil discourse declined along with its quantity. Rational thought, critical thinking, and reasoned engagement all declined sharply among politicians and pundits. Save for rare instances of good governance at state and local levels, hyper-partisanship reined supreme. The continued collapse of functional democracy was on vivid display in Washington, DC. To the credit of Americans, trust in Congress sank to historic lows and support for President Obama fell to his lowest ebb.

Incompetence, corruption, and deceit played their roles in the deterioration of our civic culture. However, the biggest factor was the expanding inability of people from across the political spectrum to keep an open mind when encountering opposing views. Who was saying something trumped what was being said. Even the old adage that “a stopped clock is still right twice a day” was discarded.

Shutting out differing viewpoints closes the mind to new ideas and prevents everyone from obtaining important “reality checks” for their actions. On a good day, MSNBC’s Rachel Maddow provides cogent and insightful analysis. On any day, Fox’s Charles Krauthammer is the most knowledgeable and articulate pundit on an amazing range of topics. We need to return to a time when no one should have to pass a litmus test prior to pulling a fire alarm in a burning building.

CORE VERSUS FRINGE BELIEFS
Pope Francis was named Time’s “Man of the Year” for many good reasons. His most universal contribution was returning to the core message of his church – anyone seeking salvation will be granted it. Communicating and embodying the Catholic Church’s core message immediately welcomed back those wishing to return to its faith and opened a dialogue with all others desiring a caring and tolerant world. In one masterful leap, Pope Francis made his church relevant in the 21st Century.

Pope Francis’ accomplishment should be embraced by the Republican Party. A movement of faith or policy is not the sum of its parts. Its core values and beliefs inform and guide its parts. Specific issues will come and go, but its core should remain timeless. Transient passengers should not be allowed to steer the ship.

WASHINGTON VERSUS AMERICA
Our traditional concerns over government over-reach, and our dismay over its incompetence, were joined by a new and disturbing issue – fairness. “Crony capitalism” moved to the forefront of America’s psyche. The record disparity in wealth has made increasing numbers of Americans wonder if the “America Dream” has been hijacked by a well-connected oligarchy.

These fairness concerns are not about depriving productive people their well earned rewards. It is about those in power rigging the game for everyone else. Special interest tax breaks, regulatory waivers, and program funding have created an undemocratic oligarchy constructing a public trough from which they devour the spoils. This has worsened as large companies and banks continue to get away with wanton abuses, as long as they pay a small percentage of their “ill gotten” gains to complicit overseers.

One of the great missed opportunities for real change occurred when political powers did everything possible to keep the Tea Party from allying with Occupy Wall Street. Both groups arose out of a deep mistrust of established power and concern over unaccountable and incestuous elites perverting America. Such an alliance was the one true chance of a third party challenging the status quo.

In the wake of Washington dysfunction, corporate statism, and consumer exploitation, Americans are growing more restive. The latest Gallup Poll reported that seventy-two percent of Americans say big government the greatest threat to the U.S., a record high in the nearly 50-year history of this question. Unfortunately, Americans are disengaging from activism, even voting, feeling that little can be done. Opting out is a recipe for civic decline.

AMERICA VERSUS THE WORLD
America continues to suffer from not having a global strategy since the fall of the Berlin Wall. Our “war of terror” fixated on misdiagnosing symptoms in one region of the world. America’s role in the world, it competing with 200 other countries for economic well-being, and preventing slippage back to 18th Century amoral adventurism have been absent from meaningful dialogues.

The BRICS (Brazil, Russia, India, China, and South Africa) are willingly filling the void. These nations view 18th Century style power politics as their salvation from their respective internal failings. America’s missteps and miscues are being exploited to the detriment of global stability and morality. A world dominated by any country other than America will be nasty and brutish.

America remains the most parochial world power in history. Only a third of Americans currently hold passports (that’s fifteen times more than in 1970) . Only 19% of Americans travel outside the U.S. and most of them go to North American destinations. Americans consistently score near the bottom among developed nations on geographic knowledge. Much of this is based on the fact that America’s imperialism occurred within what is now its own borders. While European armies, traders, and missionaries spanned the global, Americans conquered our own continent. Except for the Spanish-American War, America’s overseas military activism was not acquisitive. Certainly, American brands and culture remain the top influencers of world consumption, but only a microscopic portion of our corporate and political leaders have actual overseas experience.

SECURITY VERSUS PRIVACY
You do not improve your chances of finding a needle in the haystack by creating more haystacks. That is the fundamental flaw in America’s counter-terrorism strategy. In the 1970’s, Americans worried about who was on President Nixon’s enemies’ list and who his minions bugged. Now we are all on our government’s enemies list and we are all bugged. This is not progress.

No amount of Orwellian intrusions will find and stop every terrorist. The odds will always remain in favor of the lone zealot or psychopath. Security forces have to get it right 100% of the time – they will never achieve this certainty. Innocent people will be killed or maimed when bad people slip through these defenses.

They key to success is to remove the roots of terrorism. Unless and until moderate Islamic leaders end the official teaching of hatred, and the perverse interpretations of the Koran, there will always be a threat. Until we establish policies and processes to recognize and treat mental illness there will always be a person using violent means to destroy lives and communities.

TECHNOLOGY VERSUS HUMANS
The irony of our age is that all the amazing advances in communications are creating as many problems as opportunities. We are all part of a technological Tower of Babel. Our common frame of reference ended years ago, to the detriment of our civic culture.

Diversity is a good thing, unless no one can effectively reach out to others. We have to keep track of friends, family, and colleagues who use different communication platforms and environments, and when they change without telling anyone. It is Apple versus Windows; iPhone versus Android; LinkedIn versus Facebook, versus countless other social networks. It is having to remember which of our friends and colleagues prefer emails to telephone calls; texting to Skype, and texts on Skype. It is about not only which people follow which television show, but whether to spend money to subscribe to cable, premium cable, Netflix, and Amazon in order to follow the latest award winning series.

Reaching key people for business or pleasure is bewildering. Platform convergence (who uses a separate camera any more?) is complicated by user divergence. The challenge for 2014 and beyond is having technology enable more than hinder our cultural advance.

Get a Life

On April 1, Pica Paperdoll, Glitteractica Cookie, and an array of other avatars, attended a virtual version of the House Energy and Commerce Committee.

The committee’s stated purpose was to delve into possible terrorist use of Second Life, and other virtual reality environments, for online recruiting. One could debate the novelty versus substance elements of the hearing, but I want to raise a different issue.

Early in 1995, I recommended that every hearing room in Congress be wired to allow for live video and audio transmission. Many of these meeting rooms already had an array of audio capabilities, some going back to the days of radio.

My plan was simple – install two small robotic cameras in each hearing room. One camera would face the Members, the other would face the witnesses. In the era of the early Internet, I recommended offering these feeds to CSPAN. “We could have CSPAN 2-50”, I quipped. Later, the technology would allow for direct feeds to the Internet via “webcasting”.

My idea was met with cries of horror from nearly all Members. “We don’t want the hearings to be that public!” was echoed by Members from both parties.

Public hearings should be public. Most Congressional hearing rooms hold between 50-200 people. A few can hold up to 400. That means that only a microscopic few out of 300 million citizens get to attend and witness one of the most the fundamental functions of Congress.

CSPAN does a wonderful job broadcasting hearings, but the numbers are against it. On an average day, when Congress is in session, there are approximately 45 House and Senate committee hearings and meetings. Some of these have witnesses, some are mark-ups and votes on legislation. CSPAN may broadcast two of these hearings a day. That means, at best, normal citizens are able to watch maybe 8 out of 180 meetings a week, or 4% of what is really happening.

The avatar hearing proves that Congress can webcast hearings. I live in tiny Jefferson County, West Virginia with a population of 48,000 people. Three years ago the county government spent $4,000 to wire two meeting rooms for webcasting. Now every meeting is online, both real time and through a permanent archive.

If Jefferson County can do it, why can’t the Congress?