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The GovTrack Blog

Archive for the ‘Analysis’ category.

Community analysis of legislation in Congress.

August 4, 2011

Kill Bill: How many bills are there? How many are enacted?

Author: Josh Tauberer - Categories: Analysis
More posts by Josh Tauberer.

So far this year we’ve had 4,288 bills introduced in the Congress. That puts our congressmen and senators on track for a banner year in terms of number of bills introduced, and probably for fewest bills enacted too.

Here’s how the numbers break down so far: 20 bills have been enacted this year so far. 7 bills have come to a vote but failed. (It’s rare that bills fail because party leadership doesn’t bother to call for votes on bills they know they don’t have the votes for.) Another 305 bills have had some sort of substantive action such as coming out of committee or having a vote in one chamber but not yet in the other. The remaining 3,956 are waiting for their moment to shine —- it’s up to the committee chair in the committee they are assigned to to bring the bill up for consideration.

Congress operates in two-year terms. 2011 is the first year of the “112th Congress”. The table below shows the breakdown for the last 13 years.

Congress No Major Action Some Action Failed Enacted
106th (1999-2000) 7460 922 28 558 (6%)
107th (2001-2002) 7750 841 5 350 (4%)
108th (2003-2004) 7045 932 13 476 (6%)
109th (2005-2006) 9141 930 22 465 (4%)
110th (2007-2008) 9218 1382 39 442 (4%)
111th (2009-2010) 9239 998 26 366 (3%)
112th (so far) 3956 305 7 20 (0.5%)

Just keep in mind that the 112th Congress is only 1/4th over, so the comparison to other years is tricky. Since 1999, Congress has been consistently passing about 5% of the bills it introduces, though it’s been introducing substantially more since 2005. The 103rd-108th Congresses (1993-2004) were actually more of a temporary lull. Before that, in the 102nd Congress, Congress introduced 9600 bills. So we’re not really seeing a general upward trend here in number of bills introduced, just a return to what had been fairly normal in years before.

The number above include bills (“H.R.” and “S.” bills) and exclude resolutions because they don’t go through the same life cycle and generally don’t end up being enacted as law.

December 26, 2010

Numerical methods for determining leadership and ideology in Congress

Author: Josh Tauberer - Categories: Analysis, Site News
More posts by Josh Tauberer.

Today I am publishing two new types of statistics for understanding the behavioral relationships between Members of Congress. The first is a new approach to the leader-follower scores, based on the same algorithm Google uses to rank pages on the web. The second statistic is an update to my political spectrum graph. New charts are presented at the end.

Read it all..

September 25, 2008

Utah Senator Crusades for Bureaucratic Gobbledygook

Author: Josh Tauberer - Categories: Analysis
More posts by Josh Tauberer.

This post by Coby Logen (a pseudonym), who blogs on government website matters at and has worked to improve government websites for the past five years, is syndicated here with permission.Thanks Coby!

Senator Bennett from Utah is single-handedly quashing the most commonsense, bi-partisan bill this year–a requirement that the U.S. government write clear, concise, and intelligible English. And he is doing so based on a misreading of the bill.

Read it all..

April 29, 2008

Student Loan Bailout Bills Rife with Fiscal Pitfalls

Author: Josh Tauberer - Categories: Analysis
More posts by Josh Tauberer.

This post comes from Martha Sherwood, 2nd time GovTrack blog submitter and a legal researcher in a consumer law office. Martha works for a lawyer who blogs at . Martha holds a doctorate in biology

.

There are currently four bills pending in Congress to address the credit crunch in the Student loan industry. All of them were introduced in the last month in response to an acute situation that has only become apparent since the beginning of the year: lenders participating in the Federal Guaranteed student loan program do not have the money to loan to students, and as a result, more than fifty of them, including some major players, have withdrawn from it altogether, and most of the remainder have warned the government that they anticipate not being able to originate such loans at the level of previous years, because they cannot find buyers for securitized student loan bundles. The situation is very similar to what has been happening in the mortgage lending market in the last year and a half, but it is considerably more acute. Unless students planning to attend college in the fall can obtain loans, colleges will be without operating expenses, and many will be forced to shut their doors. This explains why the Democrats who have been most vociferous in opposing any government bailout to subprime mortgage lenders appear as sponsors for a set of bills providing equally unwise government sponsorship for student loan lenders and guarantee agencies.

Read it all..

March 13, 2008

Mitigating the foreclosure crisis with eased broker restrictions on loans

Author: Josh Tauberer - Categories: Analysis
More posts by Josh Tauberer.

Today’s post is from Joshua Freedman, a full time mortgage broker. He owns and operates in Pittsburgh, PA and specializes in commercial and residential loans. (By the way, I edit the posts a little bit…)

Over and over politicians have told us that they want to do what they can to mitigate the effects of the Foreclosure Crisis, but I haven’t seen anything other than bailouts and pleas.

has a clause in it that rids the Federal Housing Administration (FHA) qualification that requires brokers to have liquid assets, $60,000 in the bank, to get approved to do FHA loans. It replaces the liquid asset requirement with a $100k surety bond, which is a bond that a third party gaurantees that they will pay up to $100k to the federal government on demand if the broker does not live up to his/her commitments, aka fraud or regulatory fine).

This will allow more brokers to originate FHA loans for borrowers that have sub par credit and anytime you have more loans that translates to more borrowers and less of a seller market. Also keep in mind that, brokers will not be underwriting the files as the lenders will. The subprime crisis will be tapered as it will allow more origination options for homeowners to save their homes and will allow more buyers to buy homes. This is a simple fix to the problem, but it is getting jammed up.

The argument against is that allowing brokers to do FHA loans without liquid assetts and replacing it with the surety bond releases the broker from liability and you will have a bunch of fraudulent loans flying around. This just isn’t true. Every broker is still licensed by his or her respective state and does countless hours of continuing education for every state that they are licensed in. The reality is, most fraud is conducted by employees of brokers and not the broker and you are going to have fraud in any situation where there is lax supervision. A lack of liquidity doesn’t enter into the equation.

March 10, 2008

The Eletronic Voting Paper-Trail Debate

Author: Josh Tauberer - Categories: Analysis
More posts by Josh Tauberer.

Today’s post comes from .

The United States Congress, like the State of South Carolina, has bills pending that address the problem of a paperless electronic voting system. We blogged about the dangers of the lack of a paper trail associated with the electronic voting system used in South Carolina, Trust But Verify

.

The lack of a paper trail has also spurred Congress to action on the issue. There are currently two pieces of Democrat-sponsored legislation still alive and proceeding toward becoming law. (A Republican-sponsored House proposal, , is dead.) The Republican legislation had the beauty of simplicity. The Democrat sponsored legislation is much more detailed and will be costly for states to implement. In addition, the Democrat bill imposes detailed federal requirements on states (unlike South Carolina) even if they already have existing systems for creating an electronic voting paper trail.

Read it all..

March 6, 2008

Student Loan Bills (A problem obscured by the mortgage mess?)

Author: Josh Tauberer - Categories: Analysis
More posts by Josh Tauberer.

This post comes from Martha Sherwood, a legal researcher in a consumer law office. Martha works for a lawyer who blogs at

. Martha holds a doctorate in biology

.

Student loan debt is a huge and growing problem for American families. As Congress rushes to patch the holes in the dike of the collapsing home mortgage industry, student loans have been shoved under the carpet. There is a widespread lack of recognition of the fact that hundreds of thousands of people are already saddled with educational loans they cannot repay, which cannot be discharged in bankruptcy, and thousands more are being added daily. Our congresspeople seem reluctant to pick up the ball. Although has already become law, it provides no relief to the mass of student debtors. (See at BLN.)

Of the three relevant bills currently pending, only one,

(“A bill to Amend Title 11, United States Code, with respect to exceptions to discharge in bankruptcy for certain qualified educations loans”) provides any meaningful relief. Introduced by Senator Richard Durbin (D-Il), this bill removes the paragraph in the 2005 bankruptcy “reform” act which included private educational loans in the non-dischargeability provisions of the code. Senator Durbin’s introductory remarks recapitulate what bankruptcy attorneys are discovering: that this one paragraph, which slipped unnoticed into the act, opened the door to irresponsible lending and predatory debt collection practices. This bill deserves the unqualified support of anyone concerned with just fiscal policy.

, Thomas Petrie’s (R-Wis.) bill, would provide direct government funding for consolidation loans subject to income contingent repayment plans (ICRPs). Under present ICRPs, unpaid interest on guaranteed educational loans accumulates and becomes a public obligation to the lender at the end of the ICRP period. In the long run, this bill would save the government and the taxpayer some money, but it does not help the student borrower.

, is the brainchild of Hilary Clinton (D-NY). This bill purports to address the inadequate truth in lending disclosure requirements on educational loans, and a long litany of loan servicer abuses. If the bill had any teeth in it, it might help curtail mushrooming fees and penalties due to questionable lender practices. Otherwise it’s just an impressive-looking conglomeration of empty platitudes. In the mortgage sector, the government relies on private attorneys to bring action for violations, usually in conjunction with a home sale, and compensates them if the prosecution is successful. Nothing in S. 511 provides a comparable mechanism for sanctioning educational lenders for violating borrower’s “rights”.

Student loan obligations, bloated with unpaid interest and penalties, hover like a raptor over the incomes of working Americans. Every month adds to the growing pool of people trapped in this cage, as college-bound young folk and their parents are lured into signing contracts whose implications they do not understand, recent graduates, working full time, find they cannot pay down the principal, large numbers of people experience personal crises during the long repayment period and find their obligations doubled by penalties and interest, and older workers are downsized or forcibly retired with substantial obligations still in place. Given the magnitude of the problem while the economy is still considered to be healthy, the prospects should a real recession occur are frightening to contemplate.

Thanks for the report, Martha!

March 5, 2008

Returning to HAVA: Holt introduces Emergency Assistance for Secure Elections Act

Author: Josh Tauberer - Categories: Analysis
More posts by Josh Tauberer.

The following submission by Mary Lou Diehl was originally posted on the website . Thanks for the submission, Mary!

This bill was introduced into Congress on January 17, 2008, by Representative Rush Holt of New Jersey.

HR 5036 provides reimbursements which can help states, counties and other jurisdictions to  improve some of the problems that have emerged from the Help America Vote Act of 2002 (HAVA). The bill emphasizes paper ballots and audits. All the improvements are to be in place for the November 2008 election.
The bill does not have mandates. Its four areas of reimbursement are optional. No state or other jurisdiction is required to participate.
Its first two offers of reimbursement are in Section 2 of the bill.  Both offers are available only to “certain jurisdictions”: namely, states or other jurisdictions which in 2006 had voting machines which did not use  paper ballots, or did not even produce a paper record that could be verified  by the voter.
OPTION NUMBER ONE: If one of these “certain jurisdictions” obtains  precinct-based equipment that tabulates paper ballots or scans paper  ballots, the costs will be reimbursed.

(The bill frequently uses the word “ballot” in two ways– to refer to a  real, voter-marked, paper ballot, and also to the paper trail inside an  electronic voting machine, which voters may view (through a plastic cover)  to verify that the machine has understood their intentions.

However the bill is clear in stating that replacement equipment which it  will pay for must be “a voting system that uses a paper ballot marked by the voter by hand or a paper ballot marked by the voter with the assistance of a non-tabulating ballot marking device…..accessible for individuals with disabilities…”)

OPTION NUMBER TWO, also in Section 2 of the bill, is intended for jurisdictions which continue to use Direct Recording Electronic voting  machines (DRE’s) that lack any paper trail. The bill offers reimbursement of  costs “to obtain, deploy, and tabulate emergency paper ballots….that may  be used in the event of the failure of a direct recording electronic voting system in the regularly scheduled general elections for federal office to be held in November 2008.” These emergency paper ballots must be counted as regular ballots. (The bill does NOT require that paper ballots be available to all voters on request, and it does not describe what constitutes a “failure” of the DRE.)

Five hundred million dollars ($500,000,000) is authorized for payments under  Section 2. (Wisconsin jurisdictions will not qualify to apply for any of the Section 2 money, because we already have some form of paper involved in our elections.

The third and fourth options for reimbursement in HR 5036 appear to be available to any state, county, or equivalent location which would choose to apply, including Wisconsin.
Reimbursement OPTION NUMBER THREE is in Section 3 of HR 5036. This offers reimbursement for the costs of manual audits of any of the regularly scheduled general elections for Federal office in November 2008.      Reimbursement may also include costs for audits of other elections, referenda, or initiatives that are held at the same time.
The bill spells out one format for conducting an audit, and also offers the choice of using an alternative sampling mechanism which would be at least as statistically effective. Plans for an alternative mechanism must be submitted to and approved by the Director of the National Institute of Standards and Technology (NIST) prior to the election.

One hundred million dollars ($100,000,000) is authorized for reimbursement  of audits under Section 3.

OPTION NUMBER FOUR, in Section 4 of HR 5036, offers to reimburse states, counties, or equivalent locations for the costs of conducting hand counts of votes cast on paper ballots for Federal office in November 2008. In this part of the bill, “paper” includes both real paper ballots marked by voters  and also paper printouts produced by Voter Verified Paper Audit Trail (VVPAT) equipment attached to DRE’s.
Procedures for the hand count, including public observation, are spelled out  in the bill.

It is not clear whether rural portions of a county which already do hand counting, or choose to do so in November 2008, can apply for the reimbursement, or whether the entire county must use that method.

Thirty million dollars ($30,000,000) is authorized for payments of hand counting costs under Section 4.

Section 5 of the bill authorizes study, testing, and development of products  to ensure accessibility of paper ballot verification for individuals with disabilities, voters whose primary language is not English, and voters with difficulties in literacy. The Director of the     National Institute of Standards and Technology (NIST) is to report to Congress by June 30, 2009, on the results of the study.
Three million dollars ($3,000,000) is authorized for this study.

Throughout the bill, the Administrator of General Services is given authority. In a couple of places, determination of whether costs are reasonable “shall be made by the Administrator in consultation with the Election Assistance Commission.”

January 16, 2008

Two Veterans' Affairs Bills

Author: Chris Grundemann - Categories: Analysis - Tags:
More posts by Chris Grundemann.

was introduced in the House on Oct 10, 2007, sponsored by

.

was introduced in the Senate on Dec 3, 2007, sponsored by

. Neither has been scheduled for debate.

The purpose of these bills is to correct a possible oversight in the current Department of Defense rules. These rules state that enlistees must complete their entire military obligation in order to receive their enlistment bonuses in full. At first this sounds quite reasonable, after all we do not want the military paying out bonuses to people who willingly or maliciously abandon their duties. However, over the past months there have been various reports of injured servicemen and women receiving collection notices, demanding repayment of these bonuses. These members of the Armed Services were badly wounded while on active duty and thus had their service cut short. The Pentagon has called these incidents administrative errors and has implemented revised wording in their own documentation to avoid future lapses. Reports vary from thousands to only a handful of affected soldiers.

These two bills would amend

of

of the

in order to insure that injured servicemen and women receive the accession, special pay, enlistment and reenlistment bonuses due to them under

when they are unable to continue active duty due to a combat related injury.

The two bills differ only slightly in text. The House bill sets a maximum period of 30 days from the date of discharge from the military to the payment of any bonus that is due while the Senate bill sets a longer 90 day maximum. The Senate bill has additional text that would cease the collection of previously paid bonuses and make the amendment retroactive to September 11, 2001.

January 12, 2008

The Plain Language Bill Is a No-Brainer

Author: Josh Tauberer - Categories: Analysis - Tags:
More posts by Josh Tauberer.

This post was written by Coby Logen (a pseudonym), who blogs on government website matters at and has worked to improve government websites for the past five years. He has a Master’s degree in usability.

We all know that government documents can be hard to understand. Tax forms and legalese befuddle the best of us. Finally, Congress is poised to pass good legislation to outlaw government gobbledygook.

The Plain Language in Government Communications Act of 2007 (/) will require government agencies to write many future documents in : language that is clear, concise, and easy to understand. Specifically, it mandates plain language for new government documents related to: Read it all..