Trouble Looming: Congress Emboldened to Make Dumb Decisions

Last week I posted an article about the failures of our legislative and executive branches in Washington, D.C. Here are two more examples of possible congressional action, done in part as retribution for the President’s executive actions on immigration. One possible action is aimed at DHS and another at EPA.

(1) Homeland Security Head Implies His Current Budget Puts the Country at Risk. Some excerpts:

House Republicans, seeking to retaliate against President Obama’s controversial executive order protecting more than four million illegal immigrants from deportation, plan to keep the department responsible for implementing the order on a short budgetary leash through early next year.

GOP lawmakers revealed a strategy Tuesday to fund most of the government through next September – the end of the current fiscal year – but provide only a short-term funding extension, or a “continuing resolution,” for the Department of Homeland Security (DHS). The massive DHS oversees immigration and border security and will implement the president’s immigration action.

(2) Fossil-fuel lobbyists, bolstered by GOP wins, work to curb environmental rules. An excerpt:

The power of anti-EPA sentiment in Washington was evident last week when the incoming chairman of the Senate Environment and Public Works Committee, Sen. James M. Inhofe (R-Okla.), a vocal denier of science showing a human role in climate change, sent a letter demanding that the EPA withdraw the new power-plant limits.

 

Congress – use, disuse, and misuse of information and knowledge

I often write about the problems of a lack of knowledge base re emergency management in the executive branch, and FEMA is usually the primary focus. I found this article fascinating because I do not know much about members of Congress gather and use information.  Rather frightening actually, especially in view of the crucial post-Sandy recovery decisions slated for discussion later this month.

See: Congress’ Wicked Problem; Seeking Knowledge inside the Information Tsunami.New America Foundation, Dec. 2012. Author is Lorelei Kelly. The full paper is 28 pages, which I recommend to those of you serious about this topic.

The lack of shared expert knowledge capacity in the U.S. Congress has created a critical weakness in our democratic process.Along with bipartisan cooperation, many contemporary and urgent questions before our legislators require nuance, genuine deliberation and expert judgment. Congress, however, is missing adequate means for this purpose and depends on outdated and in some cases antiquated systems of information referral, sorting, communicating, and convening.

Congress is held in record low esteem by the public today. Its failings have been widely analyzed and a multitude of root causes have been identified.  This paper does not put forward a simple recipe to fix these ailments, but argues that the absence of basic knowledge management in our legislature is a critical weakness. Congress struggles to make policy on complex issues while it equally lacks the wherewithal to effectively compete on substance in today’s 24 hour news cycle. This paper points out that Congress is not so much venal and corrupt as it is incapacitated and obsolete. And, in its present state, it cannot serve the needs of American democracy in the 21st Century.

It was not always such: less than 20 years ago, Congress operated one of the world’s premier scientific advisory bodies.  It maintained an extensive network of shared expert staff–individuals and entities that comprised deep pools of both subject matter and legislative process expertise.  Importantly, most of these human resources worked for Congress as a whole and provided symmetrical access and assistance to staff and Members tasked with complex policy decision-making.  Before 1995, committee staffs were also larger and more often shared.  Joint hearings between committees and between the House and Senate were more common as well. While this former system stands in stark contrast to the one that exists today, it also offers encouragement that we can rebuild an expert knowledge system for Congress–one with even greater capabilities– by harnessing the technology tools now at hand.

This paper distinguishes between information and knowledge:  Members of Congress and their staff do not lack access to information. Yet information backed by financial interests and high-decibel advocacy is disproportionately represented. Most importantly, they lack the institutional wisdom that can be built via a deliberate system that feeds broadly inclusive information through defined processes of review, context, comparison and evaluation of the implications for the nation as a whole.  Concurrently, Congress also needs more expert judgment available to it during the policymaking process, which, for the purposes of this paper, means a focus on development of knowledge.

Specifically, knowledge asymmetry within Congress creates an uneven playing field and obstructs forward movement on policy.   In the context of this paper, knowledge asymmetry refers to the uneven distribution of trusted quality expertise inside the institution, which hinders the ability of policymakers to see aligned interests and distorts the policy process.  A good example of this is the disparity between subject matter information provided to committees versus personal staff in DC and back home in the state or district. Committees on Capitol Hill receive the lion’s share of expertise.

Two vital legislative processes deserve attention as well.  Authorization and appropriations cycles form the bedrock of Congress’ workplan. A distorting knowledge asymmetry today is the imbalance between them.  Authorization  hearings, for example, are where members engage in discussion, bring ideas to the table and deliberate on policy substance.  Ideally, they examine assumptions, make tradeoffs, set parameters, review subject matter and set policy. Appropriations is the process where members allocate money.  Authorization, in general, has atrophied considerably over the past decades, with far more institutional and outside bandwidth devoted to appropriations.

Fundamentally, this paper looks at asymmetry in two subsets: expert knowledge provision and expert knowledge sharing.

This is not a call to eliminate lobbying.  Petitioning your government is, after all, part of the Constitution. As retired Representative Lee Hamilton (D-IN) points out, lobbying is part of the normal deliberative process.  He notes that Members of Congress have a responsibility to listen to lobbyists and that they are an important component of the public discussion.   “Our challenge” he says  “is not to shut it down but to make sure it’s a balanced dialogue.”

Ultimately, the political and partisan character of information in our contemporary Congress is not balanced, especially within the ongoing process of policymaking. This current condition contrasts with the broader vision and inclusive capacity of Congress from previous decades, a capacity that provided credible knowledge and bridge building to support the compromises necessary for most policymaking. The issues raised in this paper must be addressed for the policymaking process to get back on track.

Congress: take time to think

The western front of the United States Capitol...

A recent editorial in the Washington Post suggests that the nearly $50 B. bill regarding recovery from H. Sandy needs to be carefully thought through and debated.  See: Stopping the Sandy Steamroller, January 5.  The final paragraph states:

If lawmakers are truly concerned with disaster victims, the next thing they will do is act more comprehensively on some of Sandy’s lessons. The National Flood Insurance Program badly requires reform. And Congress will need a more coherent, long-term strategy for the nation’s infrastructure — one passed after due consideration, not under the pressure of time-sensitive disaster aid.

On Jan 7th, from HS Wire, here is more information about what the next Congressional action will be and the politics that accompanies it.