A Brief Recent History of Unionization in Congress

Working conditions for Congressional staff have recently been prominent in the news. News stories recount staff shamed by their offices for wanting to wear masks in the face of COVID-19 or being unnecessarily forced into their offices. Congressional staff are also significantly underpaid compared to their Executive branch (or historical) counterparts; their health insurance has been used as a political football; and they have less recourse when they’re subject to harassment or other mistreatment in the workplace.

The traditional response by staff to difficult working conditions is to unionize. But can Congressional staff unionize like their Executive branch counterparts? Continue reading “A Brief Recent History of Unionization in Congress”

Select Recommendations for Updating the House Rules 117th Congress

Introduction

Demand Progress released 129 recommended updates to the Rules of the House of Representatives and separate orders the House should adopt for the 117th Congress as part of an August 20, 2020 report. The report is the culmination of months of work, reflects significant engagement with experts on Congress, and addresses ten major thematic areas. 

We recognize the volume of recommendations in the full report can be overwhelming, so the following document highlights 13 reforms that the House should consider. We chose these particular reform recommendations based on how feasible they are to implement, the extent to which they would strengthen the House of Representatives, their political viability, and their overall significance to Congressional operations.

Continue reading “Select Recommendations for Updating the House Rules 117th Congress”

September Update: What Items are Due in the Modernization Committee Resolution

In early March, the House passed H.Res 756, adopting modernization recommendations of the Select Committee on the Modernization of Congress. The resolution included 29 recommendations that were unanimously reported by the Fix Congress Committee last year. The resolution calls on legislative support offices to start a number of projects and report back on how to implement others. 

In July, 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 “September Update: What Items are Due in the Modernization Committee Resolution”

House Rules: How Committees Operate

Each House committee has rules that dictate how the committee will function. These rules govern how many members must be present to take an action (i.e., quorum requirements), subpoenas, and other actions. The committees are (theoretically) the workhorses of Congress — legislation, reports, budgets, appropriations, and oversight all originate in committees. 

Committee rules exist under the umbrella of the rules that govern the entire House of Representatives. House and committee rules change every two years as the “new” House takes office after elections. The Congressional Research Service notes: “One of the majority party’s prerogatives is writing House rules and using its numbers to effect the chamber’s rules on the day a new House convenes.” 

That CRS report provides an overview of House rule changes from 2007 to 2017. CRS also provides a survey of House and Senate subpoena requirements through 2018. Finally, a CRS report describes rule changes affecting committee procedures in the current 116th Congress. 

Current committee rules are compiled in this 400 page document. Here are some highlights:

Continue reading “House Rules: How Committees Operate”

What’s the Difference? Senate Committee Quorum Rules and Procedures

Despite the longstanding warnings from the Capitol attending physician and D.C. health official extending the stay-at-home order from May 15 to June 8, the Senate chose to return to Washington DC on May 4 for regular business. This includes voting on voting on nominations on the Senate floor as well as holding various committee proceedings.

But a majority of the committee proceedings have been different since the Senate has returned, with senators often choosing to appear via video conference to adhere to social distancing guidelines. Earlier this year, the Senate HELP Committee hosted a proceeding that included the chairman, the ranking member, and all four witnesses all participating via video conference. 

Given the circumstances, these modified proceedings had us thinking: What are the quorum requirements of each committee and what could potentially need to be changed if virtual proceedings are fully implemented?

Senate Rule XXVI establishes specific requirements for certain Senate committee procedures. In addition, each Senate committee is required to adopt rules to govern its own proceedings. These rules may “not be inconsistent with the Rules of the Senate,” but committees are allowed some flexibility to establish rules tailored to how certain activities can be conducted, which can result in significant variation in the way each committee operates. 

Given the changing circumstances of committee proceedings, we read each Senate committee’s rules and procedures to find trends, gaps, and unusual practices. Our complete spreadsheet on the House and Senate committee rules breakdown can be found here and is embedded below. 

Continue reading “What’s the Difference? Senate Committee Quorum Rules and Procedures”

House Advances Franking Modernization Bill

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”

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.
Continue reading “116th Congress Update: How Senate Committees Get Their Money”

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.

HOW FUNDING FOR COMMITTEES HAS CHANGED OVER THE LAST 25 YEARS

What does this look like in practice? Drawing upon the excellent data in this CRS report, plus a little additional research on spending on the appropriations committee, we looked at:

  1. Total committee spending from 1995 to present
  2. The change in spending per committee from 1999 to present
  3. Spending per committee in the last Congress

What did we find? Overall, committees have significantly fewer funds available than their recent historical counterparts, which undermines their ability to do their jobs.

(Want to check our math? You can see our data here: un-adjusted committee spending data from 1995-2020 and inflation-adjusted committee spending data from 1995-2020.)

TOTAL COMMITTEE SPENDING

Total spending on committees is down by more than $115 million from its peak, using inflation adjusted dollars. The House of Representatives put $322,333,439 towards its committees in the 116th Congress, down from $437,680,105 in the 111th Congress, which incidentally was when Democrats last controlled the House. This is a 25% cut in funding. As a point of comparison, spending on the Capitol Police for FY 2020 amounted to $464,341,000. 

What’s interesting is that committee spending is down from when Republicans last controlled both the House and the White House, in the 109th Congress. At that time, committees received $408,629,237 in inflation adjusted dollars, which is almost $90m more than the most recent Congress.

SPENDING PER COMMITTEE

In the 116th Congress, the appropriations committee received far and away the lion’s share of committee funding, more than double the next closest committee. The following two charts show how the last Congress prioritized its committee spending. As mentioned above, it is worth noting that the overall pie has shrunk considerably.

CHANGES IN SPENDING PER COMMITTEE

As the overall spending pie for committees has shrunk, who has come out ahead and who has lagged behind? Ethics, Intel, Financial Services, Veterans Affairs, House Administration, and Ways and Means are all up, but this can be deceiving. Ethics ($6.8m), Veterans Affairs ($8.3m), House Administration ($10.6), and Intel ($12.4m) have comparatively tiny budgets, as compared with quite well funded Financial Services ($17.1m) and Ways and Means ($18.3) committees.

Similarly, Rules, Appropriations, Budget, and Oversight appear down, but this too can be misleading. Rules ($6.6m) and Budget ($10.4m) are comparatively small, whereas Oversight ($18.9m) is the third largest committee, and Appropriations ($47.4m) is the largest.

WHAT DOES ALL THIS MEAN?

House Democrats could increase funding for committees by 20-25 percent and still be within historical norms for committee spending. Indeed, what the data shows is that the House’s committees have been hollowed out in recent years.

The biggest likely constraints on returning to normal allotment levels are that the legislative branch budget is comparatively smaller than historical norms, and it will be hard to find the money. Spending on other items consume a comparatively larger share of legislative branch funds.

This suggests that when Democrats start the Budget process, in which they will decide how much money to make available to the 12 appropriations subcommittees, they should look to increase funds to the legislative branch.

A FEW FINAL NOTES

First, and not to make things too complicated, but the allotment process (the divvying up of funds among the committees) happens only once, at the start of each Congress, and the allotment resolution covers a two year period. By contrast, the legislative branch appropriations process, which is what okays the spending of money, happens every year. You can imagine the appropriation as Congress spending money to buy a pie, and the allotment process as cutting up pieces for each committee. The appropriation and allotment process run on different calendars, which can make things confusing.

Second, generally speaking, funds for a committee are further subdivided, with 2/3s available to be spent by the majority and 1/3 by the minority. This isn’t always true, such as for the Ethics committee, and there can be other considerations, but that’s generally how it works. One notable exception is the Modernization Committee, which has a bipartisan staff. In addition, the funds are generally allotted in two segments, for each year of the Congress.

Third, in some Congresses there is a separate reserve fund, just in case a committee overspends.

Fourth, while most committees are allotted funding, Appropriators appropriate funding specifically for the Appropriations Committee in a separate line item.

Finally, the last time there was a select environmental committee, back in the 111th Congress (2009-2010), the committee was allotted $4,968,243 (in inflation-adjusted dollars); by comparison the Select Committee on the Climate Crisis created during the 116th Congress was allotted $3,781,500.
This report is an update to our January 15, 2019 report “How House Committees Get Their Money,” which analyzed House committee allotments up to and including the 115th Congress.

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”

Appropriations Cheat Sheet: Reforms To Include In 2021 Spending Bills

The 2021 appropriations process is ramping up with markups scheduled over next month and just a few months left before the end of the fiscal year. Appropriations bills can be a vehicle for institutional reform; we would like to elevate a few modernization ideas from a number of civil society organizations that lawmakers may wish to consider. (All of our recommendations are available online.)

Continue reading “Appropriations Cheat Sheet: Reforms To Include In 2021 Spending Bills”