The House passed a bill last week designed to bring the Franking Commission into the 21st century. The Communications Outreach Media and Mail Standards Act, or COMMS Act (H.R.7512), extends the commission’s authority to regulate mass communications (i.e., to 500 people or more) by Members and Members-elect. The commission’s authority has historically been limited to mailings but the new language refers to a wider range of communications.
Continue reading “House Advances Franking Modernization Bill”Author: Daniel Schuman
Forecast for August 4, 2020.
THE TOP LINE
Safety first? Rep. Gohmert’s positive COVID-19 test sparked outrage across the Hill, prompting a belated mask mandate in the House, inaction (what else!?!) in the Senate, a possible member-to-member transmission, and countless staffers and aides telling reporters about a backlash from senior staff/Members for wearing masks in their offices or requesting to work remotely. We wrote a letter on March 12 to Congress that included a recommendation to prioritize the health and safety of the public, staff, press, and lawmakers. For now, chamber rules should require remote work unless you absolutely have to be there; chamber and committee proceedings should be remote; Congress should use tech to substitute for paper processes; limited occupancy + masks should be mandated; social distancing is a must; and expanded testing seems prudent. This can’t be a dead letter, either: there needs to be real enforcement.
Appropriation bills continue to move forward in the House, with 10 of 12 passing the lower chamber. Homeland Security was pulled from the mini-bus. Meanwhile, the Senate has yet to schedule its approps markups. (BGOV)
Supplemental funding for Legislative Branch operations was included in the Senate COVID response bill. But the Leg Branch Approps bill has yet to get a House vote.
The Fix Congress Committee released its fourth round of recommendations aimed at improving congressional operations. Several recommendations were created to address the challenges that Members and staff are facing while teleworking during the pandemic.
Frank no more. The COMMS Act, H.R.7512, championed by Rep. Susan Davis, which changes how the Franking Privilege works, passed the House on Thursday. It contains a number of significant reforms. Earlier this year, the House began publishing advisory opinions online and updated the communications standards manual.
Continue reading “Forecast for August 4, 2020.”August Update: What Items are Due in the Modernization Committee Resolution?
On March 10th, which seems like a lifetime ago, the House passed H.Res 756, adopting modernization recommendations of the Fix Congress Committee. The resolution included 29 recommendations that were unanimously reported by the Modernization Committee last year. The resolution calls on legislative support offices to start a number of projects and report back on how to implement others.
On July 10th, the Committee on House Administration released a series of congressional reports that were due in H.Res 756. We continue to catalogue the projects and their due dates into a public spreadsheet, and have them broken down by items.
Continue reading “August Update: What Items are Due in the Modernization Committee Resolution?”Forecast for July 27, 2020
THE TOP LINE
CODA — Covid, Defense, and Approps — are the “must pass” summer blockbuster legislation (we miss movies) that lurched forward in both chambers. Sort of. But how does it end? We’re betting there will be sequels.
11 of the 12 appropriations bills passed or are scheduled for a vote in the House. The Senate has made no apparent progress: senate bills have yet to be considered in committee and the fiscal year ends September 30. A continuing resolution is pretty much inevitable, and CRs themselves incur significant costs to agencies.
Congress did not fund itself. The Legislative Branch approps bill was the only approps bill (so far) not set for House floor consideration
The NDAA passed the House and Senate (each chamber considered about 750 amendments), but those two versions now have to be reconciled. Plus the President indicated he may veto because of renaming bases.
The Senate failed to release its latest coronavirus relief package. House Dems are pushing to pass by July 31, i.e., this Friday, when the enhanced federal unemployment payments end, to which Leader McConnell laughed. As of this writing, 146,000 Americans have died.
Congressman John Lewis will lie in state at the Capitol. Details here.
Continue reading “Forecast for July 27, 2020”House CJS Appropriations Report Calls for Greater Transparency of Office of Legal Counsel Opinions
The Department of Justice’s Office of Legal Counsel (OLC) serves as legal advisor to the president and executive branch agencies. OLC issues legal opinions and often acts as the final authority on how laws are to be interpreted.
However, these legal opinions and how they are analyzed are often withheld from Congress and the public. In fact, the few OLC opinions that have become publicly available often reveal that they undermine federal legislation and reinterpret the Constitution to expand executive branch power.
When opinions are kept secret, there is no way to know what opinions exist and Congress is unable to determine how the executive branch is interpreting the law, creating an imbalance of power between the branches. In sum, there’s no space for secret law, and OLC opinions can be a gateway to lawlessness.
Congress has struggled to access OLC opinions, and for years civil society has been pushing to make these reports available. However, there are avenues that Congress can take to bring much needed transparency and accountability to OLC opinions.
Continue reading “House CJS Appropriations Report Calls for Greater Transparency of Office of Legal Counsel Opinions”116th Congress Update: How Senate Committees Get Their Money
(This is an update of a 2019 article on how Senate Committees are funded. It has been updated for the 116th Congress.)
UPDATED TRENDS IN SENATE COMMITTEE FUNDING
How do Senate committees get their funding and how has funding changed over the last 25 years? We crunched the numbers for you and here are the highlights:
- Senate Committee spending saw a slight uptick in funding this session, but is still well short of its peak 2010 funding.
- Appropriations continues to reign; the committee gets the largest portion of the funding and doesn’t have to ask for money.
- Every Senate Committee experienced an increase in spending between the 106th and 116th Congresses in inflation adjusted dollars, with each committee seeing at least a 50% increase in funding since 1999.
- While Senate Committees are still struggling with scarce funding, they’re in much better shape than House committees, which have seen draconian cuts since 2010.
116th Congress Update: How House Committees Get Their Money
(This is an update of a 2019 article on how House Committees are funded. It has been updated for the 116th Congress.)
Committee funding in the House of Representatives is accomplished through a somewhat quirky process. Appropriators in the House Legislative Branch Appropriations Committee set a top dollar amount for the committees — they appropriate the funds — but it is the Committee on House Administration that provides (i.e. allots) the funds to each committee on a biennial basis.
At the beginning of each new Congress, each committee chair and ranking member jointly testifies before the House Administration Committee and requests funds for their committee. For the 116th Congress, the hearing took place on March 12, 2019. Here is the committee notice; the written statements requesting funds; and video.
On March 21, the House Administration Committee introduced a funding resolution in the House, and on March 25, the committee held a markup on House Resolution 245 that allotted funds to the committees. You can watch the very brief proceedings here. House Administration reported out the committee report on March 26th, and the House passed the resolution on March 27.
Continue reading “116th Congress Update: How House Committees Get Their Money”Who Steers the Ship? An Examination of House Steering and Policy Committee Membership
House Democrats and Republicans use internal party committees to control major aspects of the legislative process, including choosing who gets to serve on legislative committees. As we all know, personnel is policy.
Under the House rules, each party decides committee assignments for its members. As a result, the steering and policy committees are the scene of intraparty jockeying for power. With a large number of members competing for a relatively small number of key committee assignments and leadership roles, the parties’ respective steering committees act as a filter for who will rise and a sorting mechanism among the party’s internal factions. It is also a mechanism by which leadership taxes members to provide financial contributions in support of the party.
Continue reading “Who Steers the Ship? An Examination of House Steering and Policy Committee Membership”Update: What Items are Due in the Modernization Committee Resolution?
On March 10th, the House passed H.Res 756, adopting modernization recommendations of the Fix Congress Committee. The resolution included 29 recommendations that were unanimously reported by the Modernization Committee last year. The resolution calls on legislative support offices to start a number of projects and report back on how to implement others.
The resolution contains five titles: (1) streamlining and reorganizing human resources; (2) improving orientation for members-elect and providing improved continuing education opportunities for members; (3) modernizing and revitalizing technology; (4) making the House accessible to all; and (5) improving access to documents and publications. It also states that, whenever practical, the House Administration Committee will publish any report required under this resolution online.
Accordingly, on July 10th, the Committee on House Administration released a series of congressional reports that were due in H.Res 756. Those reports include:
CAO
Feasibility of Establishing a Congressional Staff Academy Needs Assessment
Clerk of the House
Adopting Standardized Format for Legislative Documents
Legislative Comparison Project
Assignment of Unique Identifiers for Reports Filed by Legislative Lobbyists
Database of information on the expiration dates of all Federal programs
Database of votes taken in committees
Office of Diversity and Inclusion
Committee on House Administration Committee Resolution 116-21
We applaud the release of these reports to the public to help give a better understanding of the implementation of various recommendations from the Modernization Committee resolution. We continue to catalogue the projects and their due dates into a public spreadsheet, and have them broken down by items due below.
Continue reading “Update: What Items are Due in the Modernization Committee Resolution?”Forecast for July 13, 2020.
THE TOP LINE
Congress may finally have begun investing in itself — House appropriators favorably reported a 5% increase in funding for the Legislative Branch. That’s half of the 10% increase sought by good government types (like us), and while Congress is still significantly below its funding level from a decade again, we are starting to dig out of the hole. Read Zach Graves on the conservative case for increased policy capacity, and please thank your nearest appropriator, especially those on Leg. Branch.
Money isn’t everything (but it’s really important). Approps bills and reports set policy and direct agencies, and in the Leg. Branch approps bill, the House took a major step towards reclaiming its power of the purse by strengthening GAO and putting in place scores of improvements to congressional operations. More below.
The rules behind the power. Party rules and customs determine committee chairs, policy, and which legislation gets a vote. House Dems finally released their caucus rules (thanks! even if it took 500 days from our request). We’re going to keep digging into the caucus rules, who serves on the steering and policy committee, and the secret rules under which it operates.
Power switch. The House continues to use proxy voting, which some view as having the effect of consolidating power in the hands of leadership while avoiding the worse fate of a defunct Congress. This Friday, House Admin will hold a hearing on remote voting, which could be a step towards turning on the power of the House to deliberate fully in virtual session. Given what’s happening in the world, this is a wise course of action.
Continue reading “Forecast for July 13, 2020.”