First Branch Forecast for July 18, 2022: Accumulation of Facts

TOP LINE

Happy House Union Day to all those who celebrate! Today is the day House staff can join a labor union under protection of law. It’s a historic occasion a quarter-century in the making. And yet, some Senate staff cannot collectively bargain until the Senate approves regulations adopted by the Office of Congressional Workplace Rights and some joint staff cannot collectively bargain until both chambers approve OCWR regs.

→ If you missed our Power of Unions in Congress panel last week, catch up on the video here. We covered all you need to know and the fight yet to come. Also, don’t miss Pablo Manríquez’s New Republic piece covering much of the unionization road up to this point, including Manríquez’s own pivotal role in making sure the right questions got asked.

→ We’ll be tracking which offices are unionizing and we anticipate some announcements on Monday. If you’ve got news for us, reach out to taylor@demandprogress.org.

This week on the floor. Both the House and Senate are in. House Democrats have unveiled their strategy to pass as many approps bills as possible before recess: bringing a package of six less-controversial bills to the floor this week (H.R. 8294), then trying to move at least three more — likely saving Defense, Homeland Security for later and Leg branch as well. On the Senate side, without Republican negotiation on topline numbers, Senate Dems will forgo markups and publish their draft bills by August. There’s a bunch of messaging bills moving, and the black hole that was Biden’s Build Back Better could show up any day now. “Trust me.” Ironically, apparently the deconstruction of reconciliation after the Manchin slow-roll — looks like progressives were right to try to tie infrastructure to BBB — makes it more likely appropriations bill become law this congress.

This Tuesday in the committees:

• House Intel will mark up the Intelligence Authorization Act (H.R.5412) at 10 AM

• House Judiciary will discuss the government’s unconstitutional access to our personal data purchased via data brokers at 10 AM. (For a fix, see the Fourth Amendment is Not for Sale Act, S.1265 and H.R. 2738).

• House ModCom will mark up its modernization recs at 10 AM

• Senate Rules will hold a hearing on the DISCLOSE Act (S.443) at 3 PM

• More in the calendar section

Don’t miss: the House passed the NDAA last week, which we haven’t had a chance to assess. We were alerted, by a House Oversight Committee press release, to the welcome inclusion of the PLUM Act — a bill we’ve long supported to increase transparency of political appointees — and many elements of the IG Independence and Empowerment Act. Also, the House passed the Improving Government for America’s Taxpayers Act, which Dan Lips at the Lincoln Network lauds as rightly requiring GAO to annually tell Congress what taxpayers could save if federal agencies enacted all of its open priority recommendations.

Has this newsletter been forwarded to you? Subscribe now.

Continue reading →

Statement on passage of the Periodically Listing Updates to Management (PLUM) Act

The House included the Periodically Listing Updates to Management (PLUM) Act as an amendment to the FY 2023 National Defense Authorization Act (NDAA) passed last week.

“In passing the Periodically Listing Updates to Management (PLUM) Act, Congress just took an important step to increase transparency of political appointees, who are among the most senior leaders of the Executive branch, and known for having ‘plum positions’ because of their close and confidential relationships with key officials and ability to steer policy matters with little public oversight,” said Daniel Schuman, policy director at Demand Progress.

“The PLUM Act provides Congress and taxpayers with a tool to hold administrations and their appointees accountable by requiring the Director of the U.S. Office of Personnel Management to create a frequently-updated online directory of senior government leaders and vacant senior Executive branch positions. This is a vast improvement over the current practice of publishing a paper-only book every four years and should also increase the visibility of public service opportunities and widen the pool of diverse candidates pursuing high-level positions in the federal government.

Demand Progress has long supported the bill, and we commend Representatives Connolly, Castro, Mfume, Ocasio-Cortez, Sarbanes; Del. Norton; and Senators Braun, Duckworth, and Merkley for advancing this bipartisan legislation to resolve an important issue raised by the Government Accountability Office, which noted in a March 2019 report that ‘there is no single source of data on political appointees serving in the executive branch that is publicly available, comprehensive, and timely.’”

Statement on House Union Rules Taking Effect

Today, the House is marking a major milestone that will forever change the rights of staff as recently-approved Office of Workplace Rights regulations permitting unionization go into effect.

“Staff in the House of Representatives work long hours at low pay to meet the needs of the American people and we are pleased they will finally be able to enjoy a crucial right long available to workers across the country: the right to collectively organize to improve their working conditions,” said Daniel Schuman, policy director at Demand Progress. “Providing House political and non-political staff the ability to join a labor union, an effort a quarter-century in the making, illustrates one avenue to transform the institution from within, as Congress’s ability to function well depends on a well-trained, expert staff devoted to making our democracy work for all. Additional work remains, including extending these labor rights to Senate political staff and some support agency staff currently excluded from collective bargaining laws.”

Video – The Power of Unions in Congress: Know Your Rights

Demand Progress Education Fund hosted a virtual event on Wednesday, July 13, 2022, titled “The Power in Unions in Congress: Know Your Rights.” The event featured recorded remarks from Representative Andy Levin, lead sponsor of the House congressional unionization resolution.

Panelists helped clarify what rights and protections will be granted to congressional staffers, what will happen when staffers officially unionize their offices, and also discussed the history of the unionization movement in Congress.

The distinguished panel included:

–Katherine Tully-McManus, Politico Huddle (moderator)

–Rep. Andy Levin, lead sponsor of the House unionization resolution (opening remarks)

–Jeff Friday, general counsel at the National Federation of Federal Employees

–Kevin Mulshine, former counsel at the Office of Congressional Workplace Rights

–Yvette Piacsek, deputy general counsel at National Federation of Federal Employees, IAMAW, AFL-CIO

–Taylor J. Swift, policy advisor at Demand Progress (event host)

Watch the full discussion below.

First Branch Forecast for July 11, 2022: The Plot Thickens

TOP LINE

This week. There are just a few weeks left until August recess — three in the House, four in the Senate — which means everything’s accelerating.

• They’re back. The Senate is back on Monday and the House is back on Tuesday. It’s NDAA week in the House (amendments are here); Senate Dems appear to be lining up another stab at reconciliation. On suspension in the House is the Improving Government for America’s Taxpayers Act, which strengthens how GAO reports to Congress on open priority recommendations. (Maybe the Senate should be thinking about hotlining the bill?)

• Looking at the committee calendar, we note a Thursday ModCom hearing on modernizing constituent services. Also, join our panel discussion on congressional unionization Wednesday, which anticipates the regs going into effect next Monday. (CPSA & DWS happy hour this Friday at 6 — coincidence?)

• Looking ahead, the House will vote on an approps package of six bills, i.e., HR 8294 containing transportation, agriculture, energy and water, financial services, environment, and military construction, the week of July 18th, according to BGOV ($). Submit your amendments to House Rules by this Wednesday at 10 AM. Presumably we will see a Senate approps markup or release of their bills in the next few weeks, and possibly a floor vote on the other 6 House approps bills — watch for triangulation on defense spending. Also watch out for a Joe Manchin-sized reconciliation package, which in theory could happen any day now.

Do you have a pet bill that must move in the next few weeks or risk dying at the end of this Congress? We’re keeping informal track of bills to strengthen Congress, promote government transparency, and bring balance to the force. Just hit reply — yes, those all go to me — with the bill name, number, and why there oughta be a law (or a resolution). We’ll feature (anonymously) some of those bills-on-the-bubble in the hopes it might spur a Senate hotline or House suspension.

Continue reading →

Event Announcement – The Power of Unions in Congress: Know Your Rights

How does unionization work in Congress? What’s the history behind this congressional unionization movement? What rights will be granted to me as a congressional employee?

There’s a lot of information — and misinformation — out there. With the July 18 deadline for the Office of Congressional Workplace Rights to implement the resolution that grants House staff the right to organize quickly approaching, Demand Progress Education Fund is convening several government labor experts to discuss various rights and protections offered to staff to empower congressional staff with the knowledge they need to successfully implement unions in the House of Representatives.

Join Demand Progress Education Fund for a virtual briefing that will include remarks from Representative Andy Levin and top government labor experts on making unions work in Congress. Panelists will clarify what rights and protections will be granted to congressional staffers, what will happen when staffers officially unionize their offices, and will also discuss the history of the unionization movement in Congress.

RSVP here

Continue reading →

First Branch Forecast for June 27, 2022: Apropos everything

TOP LINE

What to expect from Congress this week? The House is holding a committee work week before joining the Senate, which is already out on recess. They will return the week of July 11th. We are writing this newsletter before 5pm on Friday, so you’ll have to check the House committee calendar for upcoming hearings, but we know the upcoming week is filled with Approps bills markups. By the end of the week, the appropriations committee process will be complete on the House side — phew — at least until there’s an agreement on the top line numbers, and we can expect the bills to move on the floor soon. The Senate approps timeline is more difficult to divine, but given that the deadlines for public witness testimony wrap up July 1, we could start seeing subcommittee markup notices in July. Or Senate Dems will simply release their draft bills prior to summer recess while leaders negotiate over the top line numbers. Stay tuned.

We’re not going to address the big news out of the Supreme Court on abortion and guns, or what’s happening with the NDAA, or the gun control law, the January 6th stuff, and most of the items that came out of the appropriations process. It’s simply too much for us to manage, but you can expect some of these items — to the extent they fit within this newsletter’s mission — coming up in the upcoming weeks.

Last week saw several big wins for strengthening the Leg branch. On Tuesday, a host of excellent congressional data modernization improvements were announced at the quarterly meeting of the entity formerly known as the Bulk Data Task Force; significant improvements in funding and operations for the Legislative branch were favorably reported by the full House Appropriations committee; and a significant increase in the wage available to interns was promulgated by the House Admin Committee. The House Defense Approps bill contains language to sunset the two AUMFs from 2001 and 2002 that have been abused ever since. We’ve got more below, along with summaries of two hearings that helped define what still needs to be done to modernize Congress: a House ModCom hearing on Congress and Technology and the Senate’s Leg Branch Approps hearing on the GAO & GPO.

Continue reading →

Demand Progress Proposals Included in FY 2023 Legislative Branch Appropriations Bills and Report

On Wednesday, June 22, 2022, the full House Appropriations Committee favorably (32-26) reported the FY 2023 Legislative Branch Subcommittee Bill (with amendments) and committee report. They are packed with good government reforms and significant investments in Congress’s capacity to legislate, conduct oversight, serve constituents, and more.

We and our civil society colleagues made recommendations of dozens of items to include — see our FY 2023 Appropriations requests, FY 2023 appropriations testimony, and report on updating House Rules for the 117th Congress — a number of which made it into the bill and report. We are deeply appreciative of Chair Ryan, Ranking Member Herrera Beutler, and members of the committee for their consideration of our requests. For resources on prior Legislative Branch Appropriations bills, go here.

We already have published summaries of what the House included in its FY 2023 Leg Branch Approps bill text, and you can see the changes in the appropriations line items here.

As the Senate considers what to include in its Legislative Branch Subcommittee bill and report, we highlight a few provisions in the House bill that the Senate should consider for itself. They include:

Creation of new offices to enhance diversity and inclusion, specifically the creation of the House Intern Resource Office and the Office of Translation Services.
Strong investments in staff benefits and care, specifically child care, emergency care (which now include custodial and contract workers), and student loan repayments.
Heightened funding for technology and modernization projects, specifically the congressional staff directory, collaborative legislative drafting tools, standardization of legislative documents, and separate technology modernization fund.

Although we were unable to include everything below, you can find a complete list of FY 2023 Legislative Branch Appropriations report items in a comprehensive spreadsheet. The following are some of the highlights.

Appropriations Spreadsheet

To help keep track of all items requested by the Legislative Branch Subcommittee, we built a public spreadsheet that maintains a catalog of items, broken down by title, the entity responsible, the timeline for completion, and the due date. See the spreadsheet here and below:

Continue reading →

Leg Branch Line Items FY 21-23

As Congress considering appropriations levels for the Legislative branch for FY2023, we thought it would be useful to compare line items inside the Legislative Branch bill. Below contains the actual funding levels for FY21 and FY 22, the requests published in the president budget, the appropriations levels supported by the subcommittee and full committee as they come out, and a comparison of how those levels have changed.