Response to the House “Collaborative Legislative Drafting Study” Request for Information
The United States House of Representatives is taking a significant step towards modernizing its legislative processes. On June 21, 2024, the offices of the Clerk and the Legislative Counsel issued a Request for Information (RFI) seeking input on technology, architecture, and process solutions related to collaborative legislative drafting. This initiative, known as the "Collaborative Legislative Drafting Study," marks a pivotal moment in the ongoing efforts to enhance the efficiency and effectiveness of lawmaking in the digital age.
As the Acting Clerk Kevin McCumber and Legislative Counsel Wade Ballou described in his written statements for the April 17, 2024 hearing before the Subcommittee on Legislative Branch (Committee on Appropriations):
Collaborative Legislative Drafting: Our request builds upon efforts to improve legislative drafting tools and facilitate collaborative drafting among Leadership, Members, Committees, and the House Office of Legislative Counsel. The funding supports our response to the recommendations of the ongoing study on legislative drafting and its ecosystem, which includes an exhaustive market review of available tools and will culminate in recommendations and a roadmap for improving and modernizing drafting tools and systems. — Acting Clerk Kevin McCumber
Collaboration: In response to a request by the Committee on Appropriations, our Office, together with the Clerk of the House, submitted a report on collaborative legislative drafting on October 19, 2022. We requested funding from the House Modernization Initiative Account in March of 2023 to conduct a collaboration study to help us better plan for the adoption of tools and approaches for improving legislative drafting and the collaborative work required. This funding was approved in February 2024. Our next steps include advertising for and awarding a contract for this study, and we support the Clerk’s office request for FY 2025 funding to continue the work implementing the expected recommendations of the study. As we undertake this work, we must ensure that the developed capability must do the following: 1) Complement the existing workflow and responsibilities of the Office, the Clerk, and GPO. 2) Preserve document integrity so that the only changes made to a document are those authorized by the Member or committee on whose behalf the document is prepared. 3) Maintain the quality of the legislative language submitted to the Hopper and at other points in the legislative process. 4) Ensure that the document reflects a clear, faithful, and coherent expression of the intended policy. — Legislative Counsel Wade Ballou
The RFI outlined the House's vision for improving the current set of legislative drafting tools to provide a better collaborative experience among House Leadership, Members, Committees, and the House Office of Legislative Counsel. Key objectives include:
Enhancing the management of legislative documents throughout their lifecycle
Improving user experience for all parties involved in the legislative drafting process
Defining and contextualizing the term "collaborative legislative drafting"
Adhering to best practices in implementing recommended technologies
This study is not just about updating software; it's about the House beginning to reimagine the entire process of how laws are crafted, reviewed, and enacted in the United States. The House is seeking expertise to establish a roadmap that revitalizes and improves its legislative drafting capabilities, considering tools, processes, workflows, and underlying technologies.
At POPVOX Foundation, we see this as a crucial opportunity to contribute to the modernization of Congress and applaud the House in proactively looking to the future. Our team, with its deep understanding of legislative processes and cutting-edge civic technology, is uniquely positioned to assist in this endeavor. Today, we are excited to announce that we have submitted a comprehensive response to this RFI.
Our proposal outlines a thorough approach to developing a roadmap for a Collaborative Legislative Drafting system. Drawing on our experience working with legislative institutions both in the U.S. and internationally, we've proposed a multi-phase plan that includes:
Detailed mapping of current legislative processes
Analysis of best practices from legislatures around the world
Collaborative development of guiding principles with key stakeholders
Creation of a modular, scalable architecture for future implementation
We believe that modernizing the legislative drafting process is not just about technology – it's about enhancing democracy itself. By improving the tools and processes used to craft legislation, we can increase transparency, foster better collaboration, and ultimately produce laws that more effectively serve the American people.
The House's initiative represents a forward-thinking approach to governance in the 21st century. As an organization dedicated to making government work better for everyone, POPVOX Foundation is honored to have the opportunity to contribute to this important work.
We look forward to the next steps in this process and remain committed to supporting the House's efforts to innovate and improve its legislative capabilities. Stay tuned for updates as this exciting project develops.
The future of lawmaking is collaborative, data-driven, and technologically empowered. Together, we can build the tools and processes to make that future a reality.
The Current Legislative Process
Source: How Our Laws are Made
A Vision for a new Legislative Process Management System for the House of Representatives
The US House of Representatives stands on the cusp of a transformative opportunity to modernize its legislative process. A comprehensive digital Legislative Process Management System could revolutionize how laws are made, enhancing efficiency, transparency, and collaboration while preserving — and even strengthening — the core traditions of American democracy.
The Need for Modernization
In today's fast-paced digital world, the current legislative process often struggles to keep up. Staffers juggle multiple systems (both digital and paper-based), manual processes persist, and information silos hinder efficient collaboration. A unified, digital approach could address these challenges, allowing Congress to work more effectively for the American people.
Key Principles for Development
Respect for Tradition: The system should enhance, not replace, the time-honored practices of lawmaking.
User-Centric Design: Tailored to meet and evolve with the needs of Members, staffers, and administrative offices.
Data-Driven Approach: Moving from document-centric to data-centric processes for improved analysis, transparency, and efficiency.
Security and Integrity: Robust safeguards to protect sensitive information and maintain the integrity of the legislative process against known and emerging threats.
Scalability: Designed to evolve with future technological advancements and changing needs.
Proposed System Components
Policy Development Sandbox: A collaborative workspace, controlled by the institution and accessible by authorized civil society and private sector partners, for refining policy ideas with AI-assisted research and analysis tools.
Drafting Collaboration Interface: A secure platform for digital-first iterative bill drafting between congressional staff and the Office of Legislative Counsel that integrates a data-based infrastructure.
Bill Manager: A centralized platform through which all users (Members, staff, Legislative Counsel, and the Clerk) can access and manage all aspects of a bill, from cosponsorship to required documentation.
Expanded eHopper: Building on the current eHopper system for official bill introduction, automating numbering and initial processing.
Legislative Information Management System (LIMS): Expanding and integrating the data within the Clerk’s existing central hub, coordinating information flow across all stages of the legislative process.
Committee Portal: Comprehensive tools to aid committee Members and staff in preparing for and managing hearings, markups, and report generation to increase efficiency and accessibility of legislative activity to the public.
Floor Management Dashboard: An interface for Members who are in leadership and the Office of the Clerk to oversee and manage floor activities efficiently.
Engrossment and Enrollment System: Automated tools to aid the Office of the Clerk in preparing official versions of passed legislation and communicating data across the Legislative branch as required.
Legislative Transmission and Enactment System: A streamlined, digitally-supported and enhanced process for moving legislation between chambers and to the President.
Benefits of the New System
Comprehensive Understanding of Underlying Processes: A new system that is developed off of a comprehensive understanding of the existing system is essential for the continuity of the legislative process. By first ensuring that Congress’ entire legislative system is mapped, the institution will unlock key insights into where process improvements should be prioritized to address top pain points and inefficiencies. The last legislative process mapping effort took place over thirty years ago.
Enhanced Efficiency: Automation of routine tasks allows staff to focus on substantive policy work.
Improved Accuracy: Reduced manual data entry minimizes errors in legislative documents.
Greater Transparency: Real-time updates and improved public access to legislative information.
Better Collaboration: Integrated tools facilitate seamless cooperation between offices and branches.
Data-Driven Insights: Advanced analytics capabilities to inform legislative strategy and oversight.
Decreased Reliance on Supplementary Systems: Improved continuity and accountability by transitioning institutional functions off of email-based workflows.
Better Utilization of Human Expertise: Experts and experienced institutional staff can focus attention on tasks requiring human management while overseeing the utilization of machine learning technologies to assist with routine process automation. This advancement may improve employee retention and satisfaction, as well as efficiencies in the legislative process.
Agile Development: Modernizing the legislative process is an iterative, long-term process that should not have a completion date. By rolling out improvements over time, the institution will be able to adapt to the evolving needs of the institution by utilizing cutting edge, emerging technologies. Continued improvements will build momentum and garner stakeholder support and confidence in the institution.
Ensuring Longevity: Overtime technology will continue to improve and our use of data for research and decision making will also grow. Today’s investment in these advancements will be a giant leap to enhance our legislative process and strengthen our democratic institutions to take on the challenges we may face in the future. These unified approaches will ultimately enable key stakeholders in the legislative process, reduce or eliminate roadblocks, and improve overall efficiency with the help of safe, and secure collaboration.
The Path Forward
Implementing such a system would require a phased approach, significant investment, and buy-in from all stakeholders. However, the potential benefits are substantial.
In order to address the challenges the institution experiences today, and prepare for the possible challenges of the future, it is critical that the House use this Collaborative Legislative Drafting tool initiative as the first step in a larger strategy of digital transformation of Congress’ legislative process. Historically, layered technology-based solutions over non-technology-based processes occurred on an ad-hoc basis to keep up with our immediate challenges at the time. Although these solutions served a need, they did not address the root cause of the systemic challenges that we face.
These layered technology solutions have made our workflows stratified and inefficient. Over time some of these solutions have overburdened both our technology systems and the dedicated civil servants who work hard within our legislative process. We must take a ground up approach that evaluates our legacy processes to find the most effective ways to enhance the work of legislative teams through the use of technology.
A modern, integrated legislative management system could enhance Congress' capacity to address complex national challenges, improve public trust through increased transparency, and ensure the legislative branch remains effective in the digital age.
As we envision the future of American democracy, it's clear that technological innovation must play a crucial role. By embracing this opportunity for modernization, Congress can reaffirm its position as a responsive, efficient, and transparent institution serving the needs of the American people in the 21st century and beyond.
This proposed system represents not just a technological upgrade, but a recommitment to the core principles of effective governance. It's an investment in the future of American democracy, ensuring that the people's house remains equipped to address the challenges of tomorrow.
