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The House Rules: 112th vs 111th -- a Redline

Before the holiday break, I compared the draft House Rules for the 112th Congress against the House Rules for the 111th Congress. Yesterday, House Republicans released an updated Rules proposal, so I've taken a second look.

Here's a redline of the House Rules as a Word file. A PDF is available below. Please note that the rules changes are only part of the rules package up for a vote today -- there are also orders (resolutions) that will apply during the 112th Congress only, including a reauthorization of the Office of Congressional Ethics.

111th House Rules as Amended by 112th Rules Changes

Comparing the Old and New House Rules

Earlier today I wished for a redlined version of the House Rules so we could see how the proposed 112th Congress rules stack up against the 111th Congress' rules. In what was a fairly unpleasant process, I've scraped the PDF for the 111th Congress, reformatted it, and entered by hand all of the proposed revisions. (No guarantees of perfection here; but it should be pretty accurate.)

For all those who've been pining away for the 111th rules in Word format, here you go. And here's the redline. And the PDF is below. Enjoy!

Redline of How the House Rules May Change in the 112th Congress

The Proposed House Rules Package for the 112th Congress

House Republicans have published their proposed rules package for the 112th Congress here. It includes the bill that would instantiate the new rules [PDF] and a section-by-section analysis. It's worth noting that the rules package largely adopts the 111th House's rules, but with a 33-page list of alterations that make some important changes.  It would be helpful to have a redline version of the 111th House Rules to show how they would be changed.

House Republicans are expected to consider the proposed rules at a meeting on January 4th, where the proposal could change further if the conference adopts amendments. On January 5th, the whole House will vote on whether to adopt these rules or an alternative.

The House Rules for the 111th Congress are available here, but in an unwieldy PDF format. Sunlight's recommendations for updating the House rules are here.

OCE Renewed: Republican Leadership Adopts Ethics Watchdog

The Office of Congressional Ethics has a new lease on life now that the House Republican leadership has reportedly included the independent watchdog in its 112th Congress rules package. OCE’s continued existence was an open question because it has to be renewed each Congress, and many Republicans -- including the incoming Speaker -- opposed its creation in 2008. (In recent months, a handful of Democrats, including those under investigation for ethics violations, came out against the office. Some opposed its creation from when it was first proposed.)

Legislatures have a hard time policing themselves effectively because of inherent conflicts of interest. Similarly, any attempt to use executive branch agencies (such as the Justice Department) to enforce Congressional ethics rules raises tricky separation of powers questions. The Office of Congressional Ethics avoids both of these problems because it is a legislative entity that is independent of day-to-day congressional control. In addition, unlike the House Ethics Committee, OCE investigates complaints from the public and is required to be open and transparent about its work. And finally, the OCE's role is appropriately limited, recognizing that Members of Congress are ultimately responsible for enforcing ethics rules.

The embrace of OCE by both parties strengthens its hand and creates a sense of permanence that future Speakers will find hard to undo. The Sunlight Foundation recommended that OCE continue to exist, as did a coalition of organizations. We are pleased to see that presumptive Speaker Boehner has stepped up to the plate.

We look forward to reviewing the proposed 112th House Rules for additional ethics reforms, and hope that the Senate will consider creating a similar watchdog.

Keeping Congress Competent: Staff Pay, Turnover, And What It Means for Democracy

Incoming Speaker Boehner recently vowed to tighten the House of Representative’s collective belt through a 5 percent budget reduction. Congressional staff are the most likely target. An in-depth look at Congressional staff employment trends raises questions about whether Congress has the support necessary to do its job. After reviewing a quarter century of staff salary and retention data, we found:

  • A pay gap between Washington-based House personal office staff earnings and people doing equivalent work in the DC metropolitan area.
  • A decrease in the total number of hill staff over the last two decades.
  • Fewer staff engaged in policy-making roles.
  • Average salaries for most Washington-based House personal staff have not increased in two decades, and may have decreased for many.

Who is picking up the slack? One clue could lie in the nearly 12,500 federally registered lobbyists, and countless others, who provide information and exert influence in the halls of Congress; by contrast there’s around 7-8,000 House personal office, leadership, and committee staff. Put a different way, $2.6 billion was spent on lobbying in Washington in 2010, versus $1.37 billion for the House of Representatives in FY 2010. Have we privatized Congress?

Pay Gap

Our analysis found a pay gap between Washington-based House personal office staff and their DC-area counterparts. That gap may encourage staff to seek greener pastures while depriving Congress of experience and expertise. The gap is widest at the top. For example, a chief of staff on average would earn 40% more in the private sector than on Capitol Hill. See the chart below.

This comparison may still underestimate the market value of Capitol Hill staff. They are in a unique position compared with other people performing similar roles. With a competitive and thriving market for former hill talent, market forces and difficult working conditions have likely pushed many talented people into the arms of the private sector. Indeed, the average age of a DC-based House personal office staffer is 31. Ex-staffers who become lobbyists can increase their earnings by many multiples, a value derived from their Congressional employment. There are countless illustrations of the revolving door at work.

Unfortunately, our comparison between Congressional and private sector pay is incomplete. We are unable to evaluate House committee staff salaries. We didn’t look at the Senate in detail. The personal office salaries are aggregate averages drawn from a 2009 survey [PDF] performed by ICT International for the Chief Administrative Officer of the House; we only have access to the report, not the underlying data. The job titles in the House are only roughly comparable to the occupational employment and wage estimates for the District of Columbia drawn from the Department of Labor’s Bureau of Labor Statistics [FTP]. (There's no clear fitting private sector analog to Legislative Assistant in the Bureau of Labor Statistics database.) We have no good way of comparing employment benefits. And the profile for hill staff both in age and education likely varies significantly from the DC metropolitan area.

Even so, the pay gap is clear.

Fewer Overall Staff

We also found that there are fewer House staff and fewer legislative support agency personnel now than at any time in the recent past, with data going back to 1979. (The data is drawn from the publication Vital Statistics for Congress 2008, which covers 1979 to 2005, and was supplemented by several CRS reports.)

Altogether, House personal office, committee, and leadership staff numbers are at 87% of their 1979 levels. Much of the reduction took place in 1994-1995, when the Republican party regained control of the House. Over the last three decades, committee staff took the biggest hit, dropping from 2,027 staff in 1979 to 1,272 in 2005. See the chart below.

Major legislative support agencies show an even more dramatic downward trend, staffed at 65% of their 1979 levels. The Government Accountability Office suffered the greatest decline to 60% of its 1979 level, a reduction of 2,112 staff. CRS is at 80% of its 1979 staffing levels.

Some of the work being performed by government employees likely has been taken over by lobbyists and think tanks, at least in part. Unfortunately, reliable data is not available for the number of lobbyists prior to 1996, and we haven’t uncovered data on think tank staff. Even with this privatization of public work, assuming that’s what’s happening, it’s likely that much congressional activity -- conducting oversight, evaluating proposals brought to the hill -- cannot be outsourced.

To be sure, some could argue that changes in technology have made some staff redundant. Perhaps that is true, but the nature of legislative support work and the history of staff reductions strongly suggest other causes.

Fewer Hill Staff in Policymaking Roles

Our analysis strongly suggests that fewer staff perform policy-related work now than in years past. As a general rule, legislative and policymaking work is performed in Washington, while constituent services are provided in the district offices. Recent years have seen a shift towards employing more staff in the district at the expense of the DC office.

For example, in 1976, nearly three-quarters of House personal office staff were based in Washington; that decreased to one-half in 2005. In other words, the total number of staffers in Washington has decreased by 1,500 to 3,354 from 1976 to 2005. (Again, this information is drawn from the publication Vital Statistics on Congress 2008.)

This 30-year tectonic shift likely diminished the House’s policymaking capabilities.

Personal Office Staff Pay Unchanged Over Two Decades

We also found that most House personal office staff salary averages are unchanged over the last 20 years, adjusted for inflation, and may have even diminished over time. Consequently, staff may find that longevity brings them diminishing benefits and may prompt them to bring their skills elsewhere.

With the exception of the Chief of Staff, Legislative Director, and Scheduler, the average personal office staffer’s salary has not changed since 1990. On average, a staffer in 2009 likely earns within a few thousand dollars of their 1990s equivalent. By contrast, a Chief of Staff’s earnings have increased by $30,000 on average; a Legislative Director’s earnings increased by $17,000; and a Scheduler earns $9,000 more.

It is possible that we underestimated the value of 1990s Hill staff earning power because we relied on the Bureau of Labor Statistics’ Consumer Price Index Inflation Calculator to transform all money into 2010 dollars.  The Inflation Calculator uses national data, but Washington DC of the 1980s and 1990s is a very different place than it is today. It is now the wealthiest and most educated region in the nation, according to the Washington Post’s analysis of 2010 census data. DC in the top 25 for most the most expensive homeownership markets and top 10 for most expensive home rental markets. Additional analysis may find that many Hill staff salaries have actually decreased in real terms.

Our findings are drawn from the best available information, but we cannot fully assess their accuracy. Our data is drawn from Congressional Management Foundation and ICT International surveys. We did not have access to the underlying data, but only averages and aggregate totals. The methodology and reliability of each report may vary; as may the classification of who has a particular job title. Unfortunately, the surveys do not include information on committee staff pay, or on employment benefits. Legistorm, although complete, only goes back to 2001.

Our efforts to collect House and Senate employment surveys was complicated by the House’s refusal to provide these reports upon request, their unavailability generally (including at the Library of Congress), and an incredibly small print run and restricted distribution. The Congressional Management Foundation, which ran the survey until 2004, was as helpful as they could be without breaching contractual relationships. Ultimately, we relied on fantastic librarians like James Jacobs of Stanford University, several friends on the Hill, and former intern Jessica Pearce to obtain copies of existing reports.

The Big Picture

The foremost concern is whether Congress has the capability to effectively and impartially carry out its responsibilities. Does the decreasing number of policy staff combined with financially attractive outside employment negatively affect Congress’ legislative and oversight capabilities? Would addressing these issues have a positive effect on Congress’ ability to function? Congress looked seriously and comprehensively at related issues in 1978 in its Commission on Administrative Review (H. Doc. 95-178), chaired by David Obey. It is time for another look.

Second, for those who care about the legislative branch, Congress must do a better job of making available information about itself. It was nearly impossible to obtain copies of staff salary surveys. Not until this past year were House Expenditure Reports, which include staff pay, made available online, and they’re in a terrible format that is difficult to evaluate. The Senate won’t begin publishing comparable data online until the 3rd quarter of 2011. The publication Vital Statistics on Congress 2008 is incredibly useful, but was compiled by private researchers. Again, Congress should make this information available online in formats that lend themselves to easy analysis.

Third, there is too little information about lobbyist pay, lobbying, and the effect of the revolving door. More research is needed; we also need better tracking of these activities.

Fourth, this analysis is separate from the ongoing debate over executive branch salaries.

Finally, we identify a number of useful questions, but our analysis is necessarily limited. Addressing the incentives that affect how staffers gain expertise and evaluate policy choices -- even if incompletely -- is worth additional attention. To that end, we are making available all of the data we used, except when we are not permitted to do so for copyright reasons. (See staff salary data [XLS] and House vital statistics [XLS].) Please let us know what you think.

Disclosure: I formerly worked as a hill staffer and for a legislative support agency.

Sunlight Unveils House Staff Directory (in beta)

Today I’m pleased to announce the release of a House Staff Directory in beta version. It is no secret that congressional staff are the lifeblood of Congress, but identifying the best staffer to speak with about a particular issue is a daunting challenge. The directory empowers the public to better communicate with their elected representatives. In addition to legislative offices, the directory also includes staffers from offices that support House activities.

What makes the directory unique?

  • It's free.
  • It's a directory of all House employees, including those who provide legislative support to the functioning of Congress, with data no more than 6 months old.
  • You can perform complex searches by staff title, political party, quarter or state and download that information into a spreadsheet.
  • You can search over multiple quarters to see the employment trail for a particular staffer.
Read more

Day in Transparency 12/3/2010

Here is Friday’s look at transparency-related news items, congressional committee hearings, transparency-related bills introduced in Congress, and transparency-related events.

News Roundup:

  • House ethics investigators are looking into why the House Financial Services Committee did not turn over all documents relevant to its investigation of subcommittee chairwoman Maxine Waters. (Washington Post)
  • Incoming House Leaders lay out rules changes at a press conference; they changes will be considered by the Republican conference this upcoming Wednesday. (Washington Post) (New York Times)
  • Dan Lungren (R-CA) will chair the House Administration Committee. (Roll Call $) (Boehner Press Release)
  • 2 Super-PACs raised $70 million since spring. (Washington Post)
  • Charlie Rangel censured 333-79. (Politico)
  • H. Approps committee’s new digs a sign of less influence? (Politico)
  • S. Republican Conference Chairman Lamar Alexander will lay out GOP agenda Friday. (Roll Call $) (Watch video from the Hudson Institute) (Text of Speech)
Read more

The Decline of Private Laws

Sunlight's Policy Intern, Melanie Buck, wrote the following article.

Because of a quirk in the law, Adela Bailor was ineligible for compensation for the brutal attack she suffered at the hands of a felon in federal custody. A court concluded that it had no power to hold the government responsible for her attack, even while noting her case “raise[d] serious questions about the moral responsibility of the government to protect its citizens.” In its opinion, the court suggested that she had one last resort: Congress.

Congress has the power to enact “private laws,” a type of legislation narrowly targeted to provide benefits to specifically identified individuals (including corporate bodies) when “no other remedy is available.” Claims of ill treatment and unfair circumstances have prompted many of the 107 proposed private laws currently pending in Congress.

Read more

It Ain’t Easy Tracking Earmarks

In what are otherwise reasonable commentaries on earmarks, a certain meme has emerged in the editorial pages across the land that I’d like to squash: it’s easy to track earmarks. It’s not.

It took hundreds of hours to input the 9,499 earmarks from this past year into the database maintained by Taxpayers for Common Sense, according to Steve Ellis, the organization’s vice president. And that database doesn’t have all of the information that you would need to put earmark information into context, such as identifying all the beneficiaries, but it's not for a lack of trying. Doing so would take much more time and money.

Jim Harper, who crowd-sourced a database for WashingtonWatch.com that tracked 37,000 earmark requests this past year, told me “It sure ain’t easy to track earmarks.” If it takes 90 seconds for a volunteer to enter an earmark into the database, that’s 38 days of non-stop data entry.

The truth is, earmark information is spread throughout more than 500 congressional websites in difficult-to-use formats. This is an improvement over having to scour all legislation to find earmarks in a budgetary game of cat-and-mouse, but there's much more to be done. That’s why the Sunlight Foundation supports the Earmark Transparency Act (HR 5258 and S 3335), which would require Congress to make all earmark information available in one central location with all of the data that we need to figure out what’s going on. (The House and Senate Appropriations Committees already track all earmarks, but that info isn't publicly available.)

If you’re interested in learning more about earmarks, watch this video from Monday with Steve, Jim, and me on the future on earmark transparency, or check out this timeline of earmark reforms and list of bills introduced this past Congress to reform the earmarking process.

Whether you think Congress should ban or embrace earmarks, we shouldn't pretend it's easy to track the money.

Future of Earmark Transparency Video

Yesterday, the Advisory Committee on Transparency hosted "the Future of Earmark Transparency" on Capitol Hill.

Speaking at the event were Steve Ellis, Vice President of Taxpayers for Common Sense; Jim Harper, Director of Information Policy Studies at the Cato Institute and founder of WashingtonWatch.com; and Daniel Schuman, Policy Counsel at the Sunlight Foundation and Director of the Advisory Committee on Transparency.

The Advisory Committee on Transparency is a project of the Sunlight Foundation, and has 18 member organizations. Background materials on earmark transparency are available after the jump.

Resources

To join the Advisory Committee on Transparency's email list, please contact Daniel Schuman at ACT(at)sunlightfoundation.com with your name, email, phone, title, and office.

The Advisory Committee on Transparency's purpose is to support the Congressional Transparency Caucus's mission of promoting government transparency by:

  • Providing members of Congress with expert advice and resources on transparency issues, and
  • Connecting them with potential partners to advance a transparency agenda.

More information about the Advisory Committee is available here

Additional Resources