Forecast for November 4, 2019.

THE TOP LINE

It’s a little off topic, but there is legislation to allow states to elect to observe daylight savings time for the duration of the year. It’s HR 1601 and has 13 co-sponsors (from both parties). Just saying.

APPROPRIATIONS

Another continuing resolution seems almost inevitable to keep the government open beyond Thanksgiving, when the current CR runs out, and it will be interesting to see whether it is “clean.” Appropriators & Leadership don’t see eye-to-eye on how long the CR should last. Speaker Pelosi and Majority Leader McConnell want a short term CR that expires at the end of the year; Senate Appropriations Chairman Shelby says a February or March deadline is more realistic; and House Approps Chair Lowey says sometime in between. For added spice, last minute brinkmanship might ruin everyone’s Turkey-day plans.

The Senate approved a package of spending bills (CJS, Ag., Interior, and T-HUD)last week, but the House and Senate still have not agreed on allocations for the 12 appropriations subcommittees.

A CR makes us nervous, especially as conflict over impeachment could trigger a government shutdown. Not to put too fine a point on it, but there’s a great incentive for Trump to distract our attention, and a shutdown would do it for weeks (or months) on end. FWIW, Speaker Pelosi thinks an impeachment-triggered shutdown is unlikely; Trump won’t rule it out. If we can’t avoid a shutdown it will cost taxpayers big time—the last 3 cost taxpayers $4 billion.

Running Congress takes money. If you want meaningful oversight, smarter laws, protected whistleblowers, a warm welcome to visitors, and a safe capitol campus, there has to be enough money in the piggy bank to pay for it. To make up for decades-long funding shortfalls, we believe Congress should provide the leg branch a 10% bump to help get closer to parity for FY2020. Senate Appropriators proposed a 5.3% increase (to $5.092 B) and House Appropriators proposed a meager 3.6% increase (to $5.010 B). With a $27 Billion increase on the table for non-defense discretionary spending, the total increase over FY 2019 spending levels under our proposal is $0.48 Billion, or 1.78% of the anticipated new spending. But since it’s not up to us, given the choice, we’d urge the House to give way to the Senate’s numbers, and plan a bigger increase for FY 2021 — assuming we’re not stuck in permanent CR, which is why getting it right now matters so much.

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Appropriators Should Provide Adequate Funding to Congress

Congress is significantly underfunded — especially compared to the executive branch — and it has suffered deep staff cuts over the last 25 years. In March and in September, we co-authored letters naming the fact that not only does the Legislative Branch receive the smallest funding level of the 12 appropriations subcommittees, it has received funding cuts (in real terms) over the last decade even as other appropriations subcommittees have received increases.

As we speak, the House and Senate are negotiating over how much in new funding to give to each of the 12 appropriations subcommittees. In play is how to divvy up a significant increase in overall funding: a $27 billion increase in non-defense discretionary spending over the next fiscal year.

According to CRS, in FY 2019 the legislative branch was funded at $4.836 billion. How does the proposed increases in Leg Branch funding from the House and Senate compare to last year’s funding level?

Screenshot 2019-10-31 at 11.57.43 AM — Comparison of proposed changes in the allocation to the Legislative Branch Appropriations Committee for FY 2020, in millions of dollars.

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Have CRS Annual Reports Disappeared?

Every year the Congressional Research Service submits a report to Congress that provides some information about the agency’s work over the preceding year. From these reports you can glean some insights about how the agency is run, what they prioritize, the long term projects they have undertaken, get a list of new CRS reports, and understand a bit about their interrelationship with Congress. In general terms, it’s a promotional piece for CRS that shows the agency’s work in the best possible light — it’s geared for appropriators — and also includes some useful information about CRS’s operations. Many agencies publish these kinds of promotional reports.

The reports are a snapshot, and on their own don’t provide much information about changes in the agency’s behavior over time. However, if you take the data from reports across many years, you can start to draw conclusions about how their operations have changed. We’ve tried to do just that — but ran into some interesting stumbling blocks. This article is about how hard it is to get information that should be publicly available.

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Forecast for October 28, 2019.

CONGRESS IN BRIEF

Government funding runs out by Thanksgiving and lawmakers still haven’t agreed on 302(b) allocations. The Senate will take up a package of four “non-controversial” spending bills this week (Ag, CJS, Interior & Transportation), but there’s no consensus on top line numbers. And now there’s talk about another CR until March — which keeps everyone frozen in place; Congress did agreed upon a $22 billion increase for defense spending and a $24.5 billion increase for non-defense discretionary spending. (We think they should agree to increase the allocation for leg branch, too.)

The Fix Congress committee will hold a hearing on “Congress and the Frank: Bringing Congressional Mailing Standards into the 21st Century”; House Veterans Affairs will look at protecting whistleblowers in the VA; and House Oversight will delve into the White House’s dysfunctional clearance system. On the Fix Congress committee front, we are keeping an eye on whether leadership will extend its term, which ends at year’s end — they should.

Sixty Seven Inspectors General called out the Justice Department’s Office of Legal Counsel for a dangerous OLC opinion that undermines whistleblowers and the role played by Inspectors General. The letter from the Council of the Inspectors General expressed their “concern that the OLC opinion, if not withdrawn or modified, could seriously undermine the critical role whistleblowers play in coming forward to report waste, fraud, abuse, and misconduct across the federal government…. OLC’s interpretation regarding the [Intelligence Community Whistleblower Protection Act] procedure in question…. has the potential to undermine IG independence across the federal government.” They’re right, and OLC is undermining the trust whistleblowers put in Inspectors General; OLC needs greater transparency concerning its opinions and also significant reform in its operations.

Technology Assessment Study. The National Academy of Public Administration’s report on resources currently available to Congress on science and technology policy and the “potential need … to create a separate entity charged with the mission of providing nonpartisan advice” is due to CRS by October 31, and expected to be available to congressional staff and perhaps the public soon thereafter.

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CBO’s Conflicts of Interest Disclosure Forms

You may have heard of the Congressional Budget Office, the legislative branch agency tasked with advising Congress on the potential economic impact of legislation. In formulating these analyses, CBO may rely on outside experts. The agency has three panels of advisers (Economic, Health, and Health Insurance) composed of experts from academia, the private sector, and elsewhere that provide input on CBO analyses, and CBO also consults with other outside experts.

These outside advisers have the potential to influence CBO’s perspective, which is why the advisers are required to disclose their significant financial interests as a way of surfacing potential conflicts. Until recently, CBO did not publish on its website information about how to review the forms.

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Recap of the 2019 Legislative Data and Transparency Conference

Last week internal and external Congressional stakeholders came together for the seventh annual Legislative Data and Transparency Conference. We’ve recapped them all.

The bipartisan conference was incredibly well run, and did a fantastic job convening internal and external congressional groups to promote engaging and well-executed events (detailed in the image below). You can check out the event descriptions and panelist bios here, and watch the full conference here. (We note parenthetically that this is the first time the conference has been held under Democratic control of the House, which illustrates how these issues have become institutional matters and not partisan ones.)

*Source:* *The 2019 Legislative Data and Transparency Conference Eventbrite page*

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Going Digital: LOC and GPO Embark On Project to Digitize U.S House and Senate Reports.

The Law Library of Congress (LOC) and the U.S. Government Publishing Office (GPO) have announced a collaborative decade long project to digitize House and Senate reports compiled in the U.S. Congressional Serial Set, an official publication dating back to 1817. Traditionally only available in print versions in Federal Depository Libraries throughout the U.S. or for a fee from private vendors, the Serial Set is a complete collection of over 14,000 volumes that contain hundreds of thousands of numbered House and Senate reports and documents. GPO plans to upload the Serial Set volumes in phases and will store the digital files in a certified repository. This effort will allow the public to easily find and download scanned versions of the reports at govinfo.gov.

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Drafting Legislation Just Got Easier. Introducing BillToText.com

Drafting legislation in Congress can be a daunting process. Typically, staffers provide an outline of the desired bill to the Office of Legislative Counsel (OLC), and an OLC attorney drafts the legislation. This often is an iterative process, with OLC asking questions and congressional staff updating their ideas.

This process can create problems for staff when they request feedback from other congressional offices or outside stakeholders. OLC sends the draft back as a PDF, which staffers can’t change on their own and other stakeholders cannot edit. This makes it hard to collaborate.

We’ve tried to find a way to improve how Members solicit and receive feedback. We’re proud to introduce BillToText.com, a tool for more efficient drafting.

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Bulk Data Task Force Reports Major Strides at October 2019 Meeting

The Bulk Data Task Force (BDTF) is essentially the justice league of legislative data.

The task force convenes each quarter, bringing together the people in charge of managing Legislative Branch data—like the House Clerk, Secretary of the Senate, GPO, and Library of Congress—as well as outside stakeholders. Together the group works to make legislative data freely accessible to all.

The task force convened last week at the Legislative Data and Transparency Conference.

[youtube https://www.youtube.com/watch?v=hTZ0MPGPY74?start=3563]

Here are the highlights: Continue reading “Bulk Data Task Force Reports Major Strides at October 2019 Meeting” →