First Reactions to Senate Democrats’ Commerce, Justice, Science FY 2022 Appropriations Subcommittee Bill

On October 18, 2021, the Senate Appropriations Committee Democrats released draft bill text, an explanatory statement, and a subcommittee summary for the Commerce, Justice, and Science appropriations bill. We reviewed the contents and compared the proposed funding to the enacted levels from the last Congress.

Senate Democrats’ CJS appropriations bill includes a discretionary funding level of $79.7 billion, an increase of $8.55 billion over the FY 2021 enacted levels, a 12% increase. By comparison, the House version was favorably reported by committee but has not passed the chamber; it provided for a funding level of $81.3 billion

We were disappointed to see that language requiring transparency for Office of Legal Counsel opinions was not included in the Senate version. This language, which would have encouraged the Justice Department’s Office of Legal Counsel to proactively release final OLC legal opinions, had been included in the House CJS Appropriations Committee Report (thanks, in large part, to the leadership of Rep. Cartwright). Here’s why final OLC opinions should be available to Congress and the public. However, so long as the explanatory language is not modified or negated in the version adopted by the Senate or agreed to by the chambers, the House’s pro-disclosure language will become operative.

The Senate CJS Committee Explanatory Statement included several notable provisions that caught our eye:

The Foreign Agents Registration Act is the focus of a request that directs the Attorney General to evaluate the feasibility of requiring all filings be submitted in an electronic, structured data format and published in a searchable, sortable, downloadable format. (p. 89) Demand Progress had requested language on FARA be included.

Whistleblower protection at the Justice Department is the focus of two directives within the explanatory statement. The first raises concerns that contractors are not being protected despite a mandate, and the committee directs the DOJ to explain how the agency will implement unresolved recommendations. (p. 75) In addition, the FBI must report on how it will implement unresolved GAO recommendations from 2015. (p. 94)

Serious misconduct identified by the OIG is not being prosecuted by the DOJ, and the committee directs the Attorney General to publish the number of cases referred for prosecution, the number of cases the DOJ declines to prosecute, and the reasons why. (p. 77)

Continue reading “First Reactions to Senate Democrats’ Commerce, Justice, Science FY 2022 Appropriations Subcommittee Bill”

First Reactions to Senate Democrats’ Financial Services and General Government Appropriations Subcommittee Bill

On Monday, the Senate Appropriations Committee Democrats released draft text, explanatory statements, and summaries for nine appropriations bills, including the Financial Services and General Government Subcommittee. We reviewed the bill text, explanatory report, and subcommittee bill summary and compared the proposed funding to the enacted levels from the last Congress. 

Senate Democratic Appropriators proposed a discretionary funding level of $29.4 billion, a $4.8 billion increase compared to FY 2021 enacted levels, or 16.3 percentage increase. This proposal represents $154 million less than the president’s request. For reference, the House-version — which passed the House in July as part of a minibus (here’s the committee report) — proposed $29.1 billion. Senate Republicans disapproved of Democrats publication of these bills and are calling for an agreement on top line spending levels; Democrats have been calling for negotiations for months.

Prior to this appropriations cycle, we compiled a list of ideas to include in the FY 2022 FSGG Appropriations bill. They include creating virtual visitor logs, providing centralized access to agency congressional budget justifications, public access to OMB apportionment decisions, listing unpublished IG reports on oversight.gov, improving congressional and public access to IG reports, and a COVID-19 spending tracker.

We note two notable provisions in the Senate’s explanatory statement

1. Apportionment Transparency

Providing $1 million to OMB to create a system to make apportionment of appropriations publicly available in a timely manner. Once the system is complete, OMB will be required to place each apportionment document on the public website within two days. (p. 45 of bill text and p. 28 of explanatory statement).

2. Federal Government Internships

Directing OPM to develop a strategy — which includes working with federal agencies and nonprofits — to increase the number of interns in the federal government over a three-year period. The strategy must include recruitment practices, onboarding, professional development, and offboarding (p. 83 of the explanatory statement).

Continue reading “First Reactions to Senate Democrats’ Financial Services and General Government Appropriations Subcommittee Bill”

What Items Are Due to Congress: August 2021

Congress regularly requests reports on strengthening Congress but there’s no central place to keep track of what they’ve requested.

To help keep track of things, we built a public spreadsheet that maintains a catalog of projects, broken down by item due, entity responsible, and due date.

The catalog covers reforms and requests ordered by the House and Senate Legislative Branch Appropriations Subcommittees, the Committee on House Rules, and the Select Committee on the Modernization of Congress. At the moment, the catalog includes major resolutions and measures: H. Res. 8, the House Rules for the 117th Congress, Legislative Branch Appropriations FY 2021, and H.Res. 756 from the 116th Congress.

We continue to update this list each month for what’s due and what’s outstanding. Here are the February, March, and April, May, June, and July editions.

Continue reading “What Items Are Due to Congress: August 2021”

Demand Progress Proposals Included in FY 2022 Legislative Branch Appropriations Bill and Report

On Tuesday, June 29th, 2021, the full House Appropriations Committee favorably (33-25) reported the FY 2022 Legislative Branch Subcommittee Bill and report. The FY 2022 House Legislative Branch Appropriations Bill and Committee report 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 2022 Appropriations requests, FY 2022 appropriations testimony, and 2020 report on updating House Rules  — 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 thoughtful consideration of our requests.

As the Senate considers what to include in its Legislative Branch Subcommittee bill and report, we highlight some of the notable provisions included in the House bill and report. 

Find the complete FY Legislative Branch House Bill here, the report here, and the full committee adopted amendments here. For resources on prior Legislative Branch Appropriations bills, go here.

We did not address this below, but we believe this bill takes a giant leap forward to restoring strength to the Legislative Branch through its efforts to redress decades of underfunding. You can see how line item funding changed over last year. The following addresses some of the policy language included in the bill but there is too much to summarize in this blogpost. Although we were unable to include everything below, you can find a complete list of FY 2022 Legislative Branch Appropriations report items in this comprehensive spreadsheet.

Continue reading “Demand Progress Proposals Included in FY 2022 Legislative Branch Appropriations Bill and Report”

Spreadsheet: Items Included in the FY 2022 House Legislative Branch Appropriations Report

On Tuesday, the full House Appropriations Committee favorably reported (33-25) the FY 2022 Legislative Branch Appropriations House Bill and report, which contain dozens of good government reforms and significant investments in Congress’s capacity to legislate, conduct oversight, serve constituents, and more.

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, entity responsible, timeline for completion, and due date. See the spreadsheet here and below:

What Items Are Due to Congress: July 2021

Congress regularly requests reports on strengthening Congress but there’s no central place to keep track of what they’ve requested.

To help keep track of things, we built a public spreadsheet that maintains a catalog of projects, broken down by item due, entity responsible, and due date.

The catalog covers reforms and requests ordered by the House and Senate Legislative Branch Appropriations Subcommittees, the Committee on House Rules, and the Select Committee on the Modernization of Congress. At the moment, the catalog includes major resolutions and measures: H. Res. 8, the House Rules for the 117th Congress, Legislative Branch Appropriations FY 2021, and H.Res. 756 from the 116th Congress.

Continue reading “What Items Are Due to Congress: July 2021”

Increase Congress’s Funding by 10% Says Bipartisan Coalition of Good Government Organizations

For decades, Congress has undercut its ability to meet its Constitution obligations by providing itself inadequate resources to meet its legislative, constitutional, and oversight responsibilities. Discretionary Executive branch resources, and power, on the other hand, have grown at more than double the rate of the Legislative branch. In addition, Congress has been driven to rely on lobbyists for expertise because it lacks the in-house expertise.

Today a coalition of nearly 70 individuals, good government advocates, and businesses have sent a message for appropriators: it’s time to reinvest in Congress. The letter was organized by Demand Progress and the Lincoln Network.

Less than 1% of all discretionary federal funds go to Congress and its support agencies, and while non-defense discretionary spending has increased 55% over the last 25 years, the Legislative branch budget has grown just 30% in that same period. And the vast majority of those funds have gone for non-legislative purposes, such as the Capitol Police and the Architect of the Capitol.

Continue reading “Increase Congress’s Funding by 10% Says Bipartisan Coalition of Good Government Organizations”

Who Steers the Ship in the 117th Congress? 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. Who serves on these committees and how are they chosen? Read on. (If this seems familiar, we looked at internal party committee makeup for the 116th Congress here).

Under the House rules, each party decides committee assignments for its Members. As a result, the steering and policy committees are an integral piece to secure intraparty 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 rise and fall, creating 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 in the 117th Congress? An Examination of House Steering and Policy Committee Membership”

The Digital File Cabinet: House and Senate File Ethics Disclosures

Members of Congress in the House and Senate, candidates for federal office, senior congressional staff, nominees for executive branch positions, Cabinet members, the president and vice president and Supreme Court justices are required by the Ethics in Government Act of 1978 to file annual reports disclosing their personal finances. Compliance and enforcement of this requirement is overseen by the congressional ethics committees, the ethics offices of government agencies and, in the case of executive branch officials, the U.S. Office of Government Ethics.

These disclosures include financial forms, gift and travel filings, post-employment lobbying restrictions, and more. It’s a lot of disclosure information, and oftentimes, some disclosures must be filed in person rather than online. 

The following outlines the major types of information that must be reported on personal ethics disclosures, as well as if the information is publicly available online, in person, or both.

Continue reading “The Digital File Cabinet: House and Senate File Ethics Disclosures”

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”