June Update: Legislative Branch FY2020 Appropriations Items Due Dates

Late last year, Congress passed the Legislative Branch Appropriations bill for FY 2020, starting the clock on dozens of Leg. Branch projects and reports across several legislative agencies. 

In January, our team reviewed requests from the Leg. Branch approps bill, broke them down by entity, and organized each of the deadlines. All requests are organized in a comprehensive spreadsheet that can be accessed here.

At the beginning of every month, our team provides updates of what items are due from the Leg. Branch appropriations bill, broken down by entity. Our previous installments include due dates for March and April (May had zero items to report). Each article also includes which items were due during the previous month at the end of the post. 

Expected This Month

Below are the three items that are expected in June 2020:

Continue reading “June Update: Legislative Branch FY2020 Appropriations Items Due Dates”

Initial Thoughts on the House’s Remote Deliberation Resolution

This morning, House Rules Committee Democrats introduced a resolution (H. Res 965) that would provide for some remote deliberations for House committees and on the floor. Accompanying that resolution was a Dear Colleague from the Rules Committee that explains how the resolution would work, a one-page explainer, and a statement from the Democratic members of the Virtual Task Force on the resolution.

In short, the resolution:

  • Provides for proxy voting on the House floor, which would be turned on, extended, and turned off at the direction of the House Speaker. Members would send a letter to the House Clerk to designate their proxy, and no such designee can cast more than 10 proxy votes. The Clerk would publish the proxy designation on its website. The proxy is revocable, and must provide specific direction as to how to vote. Members voting by proxy would count towards a quorum.
  • Provides a mechanism for the Chair of the House Administration Committee (in consultation with the RM) to advise on whether secure technology is available to allow for remote voting on the floor. The Chair of the House Rules Committee would then promulgate regulations to put it into effect (to be published in the Congressional Record), and the Speaker would notify the House that remote voting is now possible. Presumably, the Speaker would be able to choose whether to provide this notice.
  • Provides for remote deliberations for hearings and markups for committees. Many of the details of how this would work have been pushed to the Rules Committee, whose chair (in consultation with the RM) would issue regulations on remote deliberations that would be published in the Congressional Record. To conduct business meetings (which presumably means markups), a majority of Members of the Committee would have to certify they will follow the regulations and that the committee is ready for remote deliberations.

I am still thinking through the implications of this resolution, which will be considered on Thursday before the House Rules Committee and on Friday on the House floor. Generally speaking, it is a welcome step towards restoring the functionality of the House of Representatives during the COVID-19 pandemic. The choice is stark: a remote House or no House, and this belated move will begin to restore the power of the legislative branch, at least in the people’s House.

I have to applaud the Members of the Virtual House Task Force, Reps. Hoyer, McGovern, and Lofgren, who worked hard to find a solution that met the dire circumstances and made efforts to protect minority rights. I am concerned that Republican members of the Task Force (McCarthy, Cole, and Davis) did not support the final product — and I remain concerned about protecting the ability of the minority to be heard — but given the political circumstances, the position of the minority is not surprising. Hopefully additional accommodations can be made to meet the needs of the majority and the minority, leadership and rank-and-file, as regulations to implement this are promulgated.

I have some reactions to the resolution that are worth sharing. I haven’t fully thought this though, but here are some initial reactions:

(1) A lot of eggs are being put in the basket of the regulations that McGovern will promulgate. The strength and weaknesses of those regulations will go a long way to determining whether this is a workable and fair solution.

(2) The resolution does not yet turn on remote committee markups. Rather, they’re pending both McGovern regulations and certification from the committees. I wonder how long this will take and how many committees are ready to act. It seems like some of them are ready to lead.

(3) The power to go to remote proceedings on the floor and in the committees is placed solely in Pelosi’s hands. She can declare, she can extend. Members of the House are non-entities for this purpose. It would have been preferable for the House to have a role in voting to confirm, extend, and cancel these proceedings.

(4) After House Admin issues report on feasibility of remote voting on the floor, McGovern would issue new regulations on how it works, but Pelosi still has to give notice to the House to turn it on. Power is put in the Speaker’s hands (and not shared with the House).

(5) I don’t see anything beyond remote voting and counting for quorum on the House floor. Specifically, I don’t see anything about how members can participate in debate remotely. Is this an omission? An oversight? Something else? What about the ability to make motions, to object, etc.?

(6) There’s no requirements for transparency, which will be issued by McGovern later. This is a big deal, as it has to do with how public and press can see what’s going on. It makes me nervous to turn off the House Committee’s transparency requirements with a TBD in their place.

(7) Committees cannot hold executive session remotely (except for Ethics committee). Will the NDAA be a more open process? What about Intel oversight?

(8) To turn on remote voting on the House floor, it requires: (1) House admin study + certification that operable and secure tech exists; (2) Rules Cmte Chair submitting regulations, published in the congressional record, that provide for implementation of remote voting; (3) Speaker must provide notice to the House before it’s turned on.

9) There’s lots of interesting technology changes/ improvements, some of which are long overdue.

  • Publication of list of proxy voting designees by the Clerk on the website
  • Committee reports may be delivered to the Clerk in electronic form, including views of minority
  • Electronic motions, amendments, measures, and documents is good enough — don’t need it to be printed
  • Don’t need recorded vote records to be available in committee offices
  • Oath can be given remotely
  • Subpoenas can be signed by electronic signature and attested by the Clerk by electronic signature
  • Can do subpoenas both for hearings and for depositions

There’s a lot more the House should and could be doing from a technology perspective. Unfortunately, the HEROES Act (i.e., CARES 2.0) does not provide for technological modernization in the legislative branch, and it’s likely that there will be no money available through the legislative branch appropriations process. This is a huge missed opportunity that could undermine the ability of the House to modernize in the way that’s necessary to meet this challenge.

Remote Deliberations: Terms of the Trade

Congress is beginning to innovate around how it deliberates in committees and on the floor. These changes are driven by the COVID-19 pandemic, which has made in-person meetings unsafe and unwise, although many of the proposed modifications require rules changes. We have seen various terms used to refer to how Congress could deliberate — e.g. remote hearings, virtual hearings, remote voting, etc. — but they are used inconsistently.

Here are our proposals to add some meat to these terms. 

Continue reading “Remote Deliberations: Terms of the Trade”
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Continuity of Congress: A Timeline of Remote Deliberations and Voting

Congress has been mostly absent as the country fights against the COVID-19 pandemic. Even before the pandemic began, many lawmakers, outside organizations, and former Members of Congress encouraged the legislative branch to instantiate remote deliberations and voting measures in the event of an emergency. 

The following is a timeline of many of the recent key events concerning Continuity of Congress during a pandemic. More information can be found at continuityofcongress.org

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Can Online Presence Count Towards A Quorum?

The Senate Permanent Subcommittee on Investigations released a fantastic report last week analyzing the constitutional rules governing quorum requirements to coincide with last week’s virtual hearing on Continuity of Senate Operations and Remote Voting in Times of Crisis.

If you’re not a policy wonk who finds quorum requirements inherently interesting, consider this: Determinations around remote quorum partially dictate whether Congress can hold official proceedings and votes remotely. In other words, this analysis impacts how Congress may or may not work remotely.

So where did the committee fall on the issue? The short answer is, it’s complicated.

Continue reading “Can Online Presence Count Towards A Quorum?”

New Bill Reclaiming the Congressional Power of the Purse

Chair Yarmuth of the House Budget Committee partnered with House and Senate chairs (Chair Lowey of House Appropriations, Chair Maloney of House Oversight and Reform and Senate Appropriations Vice Chair Leahy) to introduce the bicameral (but not bipartisan) Congressional Power of the Purse Act (H.R.6628).  

Continue reading “New Bill Reclaiming the Congressional Power of the Purse”

Continuity of Congress Play-By-Play For The Week Ending May 2, 2020.

CONTINUITY OF CONGRESS: House of Representatives

Activity on remote proceedings for the past week fills two pages on our ongoing timeline.  Sunday was not a day of rest, as the New Dems Coalition sent a second letter to House Leadership, urging them to bring a remote voting resolution to the floor no later than May 4 (today).  

Continue reading “Continuity of Congress Play-By-Play For The Week Ending May 2, 2020.”