Senate Personal Offices Now Allowed a Staffer With TS/SCI Clearance

Every senator will now be able to designate one aide as eligible to apply for a TS/SCI clearance according to an announcement made by Sen. Schumer and reported by Politico. Clearances give staffers the ability to review matters deemed classified by the Executive branch. Senator Murphy is a long-time champion of this change, which had broad, bipartisan support.

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Strengthening Congressional Oversight: A ModCom Hearing

Congressional oversight powers were the focus of a House Modernization Committee hearing this past week. We were impressed because the discussion went past many clichéd, inaccurate observations that are often advanced concerning what’s broken in Congress and moved to diagnosing the impediments to Congress holding the Executive branch to account and making recommendations on fixes.

By way of background, here is the video of the hearing and here is the written testimony for witnesses Elise Bean, Josh Chaffetz, and Anne Tindall, who all did an excellent job. Demand Progress submitted a brief report containing four major recommendations on how Congress can strengthen its oversight, and you might also be interested in our 2020 primer (with POGO) on Congressional staff clearances. We also would be remiss if we did not point you to the excellent congressional oversight handbook written by the inimitable Mort Rosenberg entitled When Congress Comes Calling.

The Problem

Congress has a difficult time obtaining timely, accurate, complete, and insightful answers from the Executive branch on its activities. It is not unusual for the Executive branch to slow walk responses to Congress, provide non-relevant information, or simply stonewall demands for information. 

Traditional mechanisms by which Congress can vindicate its requests for information, such as through the appropriations process, are slow and often obstructed by a combination of Congress’s consensual mechanisms, problems arising from timeliness, and Executive branch defiances. Other mechanisms, such as holding up nominations, only work (at times) in one chamber — the Senate. More direct methods to force witnesses to comply, such as through statutory contempt, must go through the gauntlets of a Department of Justice unwilling to enforce such findings and federal courts that are glacially slow, unwilling to get involved, and often partial to Executive branch perspectives.

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Congress’s Policy Support Agencies

How Congress makes sense of the world was the focus of a House Modernization Committee hearing today that honed in on the operations of three support agencies: the Government Accountability Office, the Congressional Research Service, and the Congressional Budget Office. It was one of the most insightful hearings of the 117th Congress.

Congress created its support agencies to provide the Legislative branch with information and analysis unsullied by Executive branch bias. Congress began funding its own expert policy support agencies because funding can shape an organization’s behavior and responsiveness, including the perspectives and focus of its staff.

Today’s hearing had the agency heads as witnesses: Gene Dodaro for GAO, Mary Mazanec for CRS, and Phillip Swagel for CBO; it also had a second panel of experts who provided critical insight into those agencies: Zach Graves on GAO, Wendy Ginsberg on CRS, and Philip Joyce on CBO. While the agency heads were not placed on the same panel with the experts, they were asked to respond to the experts’ recommendations that had through happenstance been released ahead of time, which provided a useful starting point. (This makes me wonder whether a best practice for committees might be to require and publish written testimony a week in advance and request that oral testimony incorporate responses to the testimony from others.)

This was a modernization hearing, not an oversight hearing, so the focus was on the direction the policy support agencies are heading and not specific details on where and why they are falling short. Oversight work generally falls upon the Legislative branch Appropriations Committees that have jurisdiction over all three agencies and, to varying degrees, the authorizing committees: House Admin and Senate Rules for CRS; House Oversight and Senate HSGAC for GAO; and the Budget Committees for CBO.

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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.

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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.

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What Items Are Due to Congress: May 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 editions.

Due In May

This month has zero items that are due. You can see below what reports are past due and have yet to be publicly released.

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What Items Are Due to Congress: April 2021

Congress routinely requests Legislative branch support offices and agencies provide reports to Congress on their activities, but there’s no central place to keep track of what they’ve requested.

So, 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 and March editions. Scroll down to see April’s.

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What Items Are Due to Congress: March 2021

Congress regularly requests reports on strengthening Congress but there’s no central place to keep track of what they’ve requested. So we are keeping track so you don’t have to.

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 is the February edition. Scroll down to see March’s.

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What Items Are Due to Congress: February 2021

Congress routinely requests reports on modernizing Congress but there’s no great place to keep track of what they’ve requested. So we are keeping track so you don’t have to.

We built a catalog of projects and their due dates that we are maintaining in this public spreadsheet, 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.

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November 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 in 2019. The resolution called on legislative support offices to start a number of projects and report back on how to implement others. 

Last week, 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. 

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