EveryCRSReport Adds Federation of American Scientists CRS Reports

We are pleased to announce that EveryCRSReport now includes all CRS reports published online by the Federation of American Scientists. Steven Aftergood, who led FAS’s efforts on CRS reports for decades, has retired from that role, although he still is active on a number of projects. He gave us permission to add those reports to our collection. Dr. Josh Tauberer, who runs govtrack.us and manages our website, incorporated the new reports this past week.

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Agencies Get Marching Orders on Congressional Budget Justification Transparency Act

The Congressional Budget Justification Transparency Act, which Demand Progress supported and became law last year, is coming into its own. The law requires (1) the publication of all agency Congressional Justifications on USASpending.org within two weeks of their submission to a house of Congress; (2) CJ publication at a vanity URL on the agency website; and (3) online tracking of when the reports were due to be submitted and whether they were published online on time.

OMB just released an update to Circular A-11 that, for the first time, contains updated guidance in section 22.6(c) that will put the law into effect. This has been a long time coming, as OMB had resisted requests from appropriators to ensure that the reports are published online in a central location, intended to address both linkrot (when a URL goes dead) and that there was no central place to find all the reports. They’ll also have to have their data published in a structured format.

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First Branch Forecast for September 6, 2022: Democracy

TOP LINE

This week: Congress is back. The committee calendar is looking quiet. The House has a committee work week; the Senate floor will start by addressing some nominations.

On tap for the month: a continuing resolution publishing Appropriations until December is likely. On Friday, the White House’s OMB published what it would like to see included in the measure beyond continuity of operations: support for Ukraine, COVID-19, monkeypox, and natural disaster recovery. Also, the National Defense Authorization Act likely will be brought to the floor in the Senate. We will see whether the House considers/passes legislation concerning congressional stock trading.

NEW! We just released Union Organizing Rights on Capitol Hill, a report authored by Kevin Mulshine, who served as Senior Advisor and Counsel on the first staff of the Office of Compliance and later served as IG for the Architect of the Capitol. The report is designed as a handy guide for congressional staff who want to understand —

• How House staffers can select a union representative
• The value of collective bargaining in House offices
• What a contract might guarantee

Follow the link to read the report.

Transparency Across the Federal Government is the focus of a panel discussion set for September 14th and hosted by the Congressional Transparency Caucus in the Rayburn Building. The event, hosted by Reps. Quigley and Walberg, will feature panelists including me, POGO’s Liz Hempowicz, Free Law Project’s Mike Lissner, with moderation by Politico’s Katherine Tully-McManus. Learn more or RSVP here.


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Eras of Control of the House of Representatives

It is easy to imagine that the way the House of Representatives is run now is how it has been run in the past. But that couldn’t be further from the truth.

In the history of the House of Representatives, the Speaker has been all-powerful and virtually powerless; the president has run the House and has been run by the House; legislation enacted by the chamber has reflected the views of a majority of the House, reflected the views of the majority party, and reflected the views of just a handful; work was done by all the members in the committee of the whole and divvied up among the committees; power was centered in the floor leader, the speaker, the party caucus, the full chamber, the rules committee, and no one.

It is not too much to say that the rules of the chamber reflect efforts by its members to have and retain power and to address the problems that arise when members who desired power could not obtain and use it. Fights over the rules, and the leadership of the House itself, have at times consumed weeks of deliberations on the House floor — where the chamber is run under general parliamentary law until a package was drafted that could be adopted by the full chamber.

I’ve been looking at the history and development of the House by reading some of the leading experts and have started to put together a summary of the eras of control of the House of Representatives. This is a working document and likely contains inaccuracies, overstatements, and many other issues. But I thought it might be of interest to you so I’m publishing a live version of the working document below.

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First Branch Forecast for August 29, 2022: Letter of Note

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This week, recess continues.

Last week saw two big announcements from the White House: (1) the partial student loan forgiveness program, which incidentally could help 2,000 staffers (or more!) on the hill, and (2) making federally-funded research free and publicly available, which will improve the availability of information for policymaking deliberations.

You didn’t ask us, but congressional student loan repayment assistance should be centrally administered, available to all regardless of the view of a particular member, and not subject to clawback if a staffer moves on.

Pay your interns. On the topic of centrally administered programs — did you like that segue? — check this opinion piece from my colleague Taylor Swift and Pay Our Intern’s Habiba Mohamed that calls for the creation of a House Intern Resource Office.

Mark your calendars. The Library of Congress announced its next virtual public forum on Congress.gov will be held this September 21 from 1:30 to 4:30 PM. To attend you must RSVP online. The Library also has an online feedback form for those who wish to submit comments individually. See you there.

They’re running. Reps. Jamie Raskin, Gerry Connolly, and Steven Lynch have all announced they’re running to succeed Rep. Carolyn Maloney as top Democrat on the House Oversight Committee. This committee, which grew out of the Committee on Expenditures in the Executive Departments, and itself was created from 11 separate House committees that oversaw government spending, is rooted in House committee efforts to oversee federal spending that go back at least to 1814.

Whistleblower powers. Del. Eleanor Holmes Norton introduced legislation last week, the Congress Leads by Example Act of 2022 (H.R. 8743), to grant Legislative branch employees greater whistleblower and other antidiscrimination protections for occupational safety and health complaints. The bill would put into effect recommendations from the Office of Congressional Workplace Rights to:

  • Bring the Legislative branch in line with the legal requirements of private sector employers and the Executive branch;
  • Provide subpoena authority to OCWR to conduct inspections and investigations into OSHA violations;
  • Prohibit Legislative branch offices from making adverse employment decisions on the basis of an employee’s wage garnishment or involvement in bankruptcy proceedings; and
  • Bolster the CAA’s recordkeeping requirements.
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First Branch Forecast for August 22, 2022: The Executive Strikes Back

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It’s still recess, with two weeks until the Senate reconvenes and the House has a committee work week.

House and Senate Security Manuals are now publicly available thanks to litigation brought by journalist Shawn Musgrave. The House and Senate resisted the effort, brought under a common law right of access, and only ceded ground after it became apparent that their assertions to the court were incongruent with the facts.

WHAT’S INSIDE

↣ White House pushing back against Congress’s oversight authority
↣ Clearances, classified information, and the Espionage Act
↣ Updating the ADA regs that apply to Congress

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House and Senate Security Manuals Now Publicly Available

The House and Senate Security Manuals have been the focus of litigation between journalist Shawn Musgrave and the House and the Senate. Musgrave is litigating whether a common law right of access exists for congressional documents, and he is ably represented by Kel McClanahan of National Security Counselors. He recently had a big win.

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First Branch Forecast for August 15, 2022: A call to arms

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Recess. Barring emergencies, Congress is out until September. On Friday, the House passed the reconciliation package — the Inflation Reduction Act — which now goes to Pres. Biden for signature. The process by which this legislation was considered and enacted underscores the importance of allowing a bare majority to work its will and the structural problems that hamper majoritarian rule and force legislation to the political right.

Should congressional staff have a $45,000 minimum wage? If you poll voters, majorities of Democrats, Independents, and Republicans agree that there should be a minimum salary floor for all congressional staffers according to a new Data for Progress poll. In fact, of likely voters, 56 percent support a pay floor while only 30 percent oppose. While the House has put in place a pay order setting the minimum wage at $45k, the Senate has increased funding available to offices but has not instantiated a minimum pay requirement.

What’s inside?
↣ Rising incidents of political violence, part of America’s long history of violence
↣ Securing member communications
↣ Congress’s oversight powers work in theory, but not in practice

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First Branch Forecast for August 8, 2022: It’s recess?

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This week. It’s recess-ish. The Senate passed the Inflation Reduction Act reconciliation package over the weekend and the House is expected to briefly reconvene on Friday, August 12 to pass that legislation and perhaps a few other bills.

The events of the past week highlight that normal spending processes rarely go by the book; that ethics and accountability issues still plague Congress and the Executive branch; and that Congress plays a role in foreign diplomacy. More below.

We did the legwork on Leg branch approps. Please see our list of every notable policy provision in the Senate Leg Branch Approps bill that relates to congressional capacity, transparency, and accountability, and also a list of select civil society recommendations incorporated into the draft bill and accompanying report.

The Congressional Workers’ Union announced its interim board last week. Congrats to all Board members: Philip Bennett, Emma Preston, Courtney Rose Laudick, Kyle Decant, Taylor Doggett, Saul Levin, Mason Pesek, Courtney Koelbel, Alexander Gristina, Jessica Schieder, Janae Washington, and Leigh Whittaker.

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