First Branch Forecast for February 28, 2022

TOP LINE

Calendar. The Senate is back today; the House is back tonight. We’re watching Wednesday’s House Admin hearing on unionization, the State of the Union is on Tuesday, and Demand Progress is co-hosting a panel discussion on presidential emergency powers on Wednesday (RSVP here) — ICYMI, lawmakers wrote this letter calling for an AUMF before any action by the president to introduce U.S. Armed Forces into hostilities or decline to remove any U.S. military personnel currently deployed inside Ukraine from unauthorized hostilities or imminent hostilities.

Congressional unionization is the focus of a House Administration Committee hearing this Wednesday. At the hearing, the committee is likely to consider H.Res.915, which would allow for House staff to unionize. This past week, the OCWR Board endorsed unionization in a letter that said: “The Board has conducted a thorough review and now unanimously endorses the regulations adopted by the 1996 Board and urges Congress to approve these regulations.” Per our spreadsheet, there are 152 co-sponsors of the measure and another 9 Democrats who issued a statement in support of unionization. The Congressional Workers Union has called for swift passage of the measure. For more, see our resources on unionization, Roll Call’s latest on why backers view the resolution as necessary, and LatinoRebels on the Dems who support unions, just (apparently) not in their own offices.

Curious about your rights under the CAA? The OCWR just launched quarterly training webinars to inform staff of their “rights and responsibilities” under the CAA, “including the protections against harassment, discrimination, intimidation, and reprisal.”

Capitol Security (1). A Republican-led coalition of Members of the House called for the House to be “reopened” to tourists in a letter to House SAA Walker last month, which seems unwise to us especially as the letter doesn’t address whether they would support a mask requirement. Meanwhile, BGov is suggesting some industry lobbyists are ramping-up fly-in days and are finding alternatives to meetings in the Capitol complex.

Capitol Security (2). Last week we covered GAO’s report on the Capitol Police, entitled “The Capitol Police Need Clearer Emergency Procedures and a Comprehensive Security Risk Assessment Process,” which should be raising alarms everywhere. With the upcoming SOTU and the arrival of a convoy of truckers protesting Covid restrictions, the National Guard authorized up to 700 members to assist local law enforcement if necessary.

Save the date: if you’re interested in public access to legislative information (and who isn’t?), the next Bulk Data Task Force meeting has been set for March 10th. The meeting is open to the public and to congressional stakeholders. RSVP here; agenda will be posted here.

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First Branch Forecast for February 22, 2022: The twos

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TOP LINE

Happy recess. Last week the Senate managed to pass a continuing resolution to fund the government through March 11. Apparently appropriators have reached an agreement on the top line numbers for the appropriations subcommittees, but we don’t know what they are, only the reactions of a few subcommittee chairs. We’re still waiting on the Leg branch number. Get ready for the State of the Union, set for March 1st.

Go to work. Senate Republicans are stonewalling nominees by not showing up to committee proceedings. The arcane and insane Senate rules are understood to require a majority of members to be physically present for a committee to report out a matter — something we warned about as a booby-trap for Senate continuity in the event of an emergency — and the absence of a majority allows for a point of order on the floor, creating yet another veto point for the minority. (When the shoe was on the other foot, committees ignored their own rules requiring minority members to be present.) There is an irony between the mantra of many House Republicans, who say that the House is not working if it’s not in person, and Senate Republicans, who won’t show up (in person) to allow work to be done on the committees. For those with long memories, members refusing to say they were present was an issue in the House in the 19th century that led to an important Supreme Court decision with the hilarious name of United States v. Ballin. (Summary here.)

Three notable hearings took place last week: House Admin’s on the IG’s oversight of the Capitol Police’s handling of January 6th (where I testified), ModCom’s on modernizing district offices; and the Budget committee on abolishing the (superfluous and counterproductive) debt limit. We cover the House Admin and ModCom hearings below; BGOV ($) has a good summary of the Budget hearing; we point you to the majority’s explainer and report on the topic.

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First Branch Forecast for February 14, 2022

TOP LINE

Schedule. The Senate is in this week; the House has a committee workweek. Both are on recess next week. The committee calendar is light, but I’ll be busy. On Thursday the House Admin Committee will be holding a hearing on oversight of the January 6th Capitol Attack — the Capitol Police IG will be testifying, as will I. On Wednesday, the House Modernization Committee will hold a hearing on modernizing district offices.

FY 2022 Approps. A bipartisan, bicameral topline and framework have been reached for the omnibus spending bill and nothing beyond that fact is publicly known (except that we will, alas, see a huge increase on the defense side.) In an odd but hilarious twist of fate, one recent report suggests that earmarks may be making a budget deal harder to reach for some Senate Republicans — on that, we will see. The House-passed stopgap spending package, intended to fund the government through March 11, awaits a Senate vote. The CPCC’s latest explainer, uh, explains why a year-long continuing resolution is a bad idea. We will be closely watching to see the top line numbers for the Legislative branch, which will determine whether grossly underpaid congressional staff get some financial relief.

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First Branch Forecast for February 7, 2022: Legitimate political discourse

TOP LINE

This week. The House is scheduled to be in from Monday to Wednesday, with a light legislative calendar that might get heavier to address the FY 2022 appropriations bill and unionization in the House. After Wednesday, the House is currently scheduled to be out until March 1, with a committee-only work week next week. The Senate is in on Monday, with a week-long recess scheduled for next week, which also is fraught considering the expiration of the CR on the 18th. We didn’t see anything of relevance on the committee calendar.

Remember last week when we wrote about continuity of Congress and the problems that could arise in both chambers, but most acutely in the Senate? Unfortunately Sen. Luján had a stroke last week and reportedly will be out for a while, which not only is a personal tragedy but has serious implications for the ability of the majority to act on the committees in which he serves and to advance measures on the floor.

Union! Prompted by a question from journalist Pablo Manríquez, Speaker Pelosi’s office indicated she’d support allowing House staff to unionize; Senator Schumer indicated the same. As of 1pm on Sunday, we have identified 72 members of the House and 11 members of the Senate who support allowing congressional staff to unionize. We wrote a brief history of unionizing efforts in Congress and I submitted testimony on this topic last year.

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