On Thursday, July 28, 2022, Senate Appropriations Committee Chair Patrick Leahy published 12 appropriations bills and accompanying explanatory statements, including the FY 2023 Senate Legislative Branch Appropriations bill and explanatory statement. These measures will not go through the traditional hearing and mark-up process. The bill and explanatory statement are packed with good government reforms and significant investments in Congressional operations.
We and our civil society colleagues recommended 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 Jack Reed, Ranking Member Mike Braun, and members of the committee for their consideration of our requests.
Read more:
- Resources on prior Legislative Branch Appropriations bills;
- Summaries of the FY 2023 House version, including
- Changes in the appropriations line items
There are a few provisions in the Senate Legislative Branch Subcommittee bill and explanatory statement to note as the Senate is now moving through its appropriations process. They include:
- Strong investments in staff pay and benefits, including an increase in the SOPOEA to allow Senators to pay their full-time staff a $45,000 salary minimum, as well as the creation of a bipartisan diversity and inclusion working group.
- More resources for improving legislative branch access to Executive branch information, including the creation of a new joint CBO, LOC, and GAO working group to examine the issues of legislative data access between the Legislative branch and Executive branch agencies.
- Heightened funding for congressional operations, including creating a centralized repository for Senate documents where legislative information would be available prior to or contemporaneously with decisions; enhancing tracking of legislation on Congress.gov; improved floor scheduling information on Congress.gov; as well as improving reporting of lobbyists’ activities.
Appropriations Spreadsheet
To help keep track of all items requested by the Senate 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 our write-up that includes the spreadsheet here.
Quick List of Items Included in Approps
Our summary of items below is broken out into the following categories:
Staff Capacity, Salaries, and Benefits
- Senate Staff Pay Floor (SOPOEA Increase)
- Senate Diversity and Inclusion
- Senate Employees’ Child Care Center
Modernization, Data, and IT
- Legislative Branch Support Agency Information Working Group
- Lobbyist Disclosure Unique Identifier
- Congressional Staff Directory
- Cyber Tools
Science and Technology
- Science and Technology Assistance for Congress
- GAO Science, Technology Assessment, and Analytics Team
- Unimplemented GAO Recommendations
Library of Congress
- Floor Scheduling Information on Congress.gov
- Congress.gov Update Study
Key Language in the Appropriations Bill and Explanatory Statement
Staff Capacity, Salaries, and Benefits
Senate Staff Pay Floor (SOPOEA Increase)
Senate Bill, p. 7
Senate Bill Summary, p. 2
Summary Language: In order for the Senate to do its job serving the American people, the bill invests $1.135 billion in Senate salaries and operations. While pay rates are the decision of individual Senators and the Committee on Rules, the bill provides sufficient funding for each Senate office to cover a minimum annual pay for full-time staff at $45,000, which is a liveable wage for the District of Columbia.
Our work:
We note that Demand Progress and the Congressional Progressive Staff Association (CPSA) sent two letters (civil society letter and CPSA letter) to Senate leadership in July 2022 calling for a $45,000 pay floor for full-time Senate staff. Demand Progress and others have conducted significant research on the defunding of the Legislative branch over the last decade, especially the defunding of Congressional staff, to which this is a partial remedy.
Senate Employees’ Child Care Center
Senate Explanatory Statement, p. 23
Language: Under current law, Congress may only provide funding for employee benefits and travel expenses for employee training activities for the Senate Employees’ Child Care Center [SECCC], and the reimbursement of salaries for the executive director and assistant director of the center, which are provided for and fully funded in this act. However, funds for all other employees’ salaries and operational expenses are paid by the Center’s operating budget and cannot be supplemented with appropriated funds. In agreeing to provide salary reimbursements for the SECCC executive director and the assistant director, the Committee recognizes the importance of access to high quality, affordable child care for recruitment and retention of U.S. Senate employees and supports the ability of the Center to employ high caliber faculty, maintain its commitment to early childhood education, and continue to serve the growing number of Senate employees who require child care for their infant to pre-school children. Furthermore, the Committee understands these payments will free up the Center’s operating budget to provide salary increases for all day care faculty, allowing the Center to pay its staff competitive salaries comparable with the House of Representatives Child Care Center.
Our Work:
Demand Progress Rules Recommendations, p. 21
We note that Demand Progress has long championed addressing gaps in child care resources, such as in this report.
Senate Diversity and Inclusion
Senate Explanatory Statement, p. 16
Language: The Committee recognizes that the Senate Sergeant at Arms specifically, and the Senate community more broadly, has made recent efforts and advancements on workplace issues through a number of initiatives, including the implementation of a Talent Acquisition System through the Senate Placement Office, the expansion of the Employee Assistance Program, a review of Senate staff compensation, providing appropriations to allow all offices to pay staff a livable wage, and providing more pay for interns. To continue this momentum, the Committee believes additional steps must be taken to improve the recruitment, development, and retention of a diverse and talented Senate workforce that is representative of the Nation it serves, while acknowledging that final hiring authority lies with each Senate office. To this end, the Committee directs the establishment of a bipartisan Senate Diversity and Inclusion Working Group (the working group) comprised of representatives from the Senate Sergeant at Arms and the Secretary of the Senate, including the Office of the Senate Chief Counsel for Employment, in coordination with the offices of the Majority and Minority Leaders, the Senate Committee on Rules and Administration, and the Senate Committee on Appropriations. Representation must be bipartisan. The Office of Congressional Workplace Rights and the Office of Congressional Accessibility Services shall be invited to participate as appropriate given the independent nature of those offices. Through consultation with the Senate community and external experts, the working group will identify, develop, and recommend options for improving the recruitment and retention of a diverse workforce. These policy recommendations should include those both immediately actionable, as well as those requiring statutory changes, and should be compiled in a comprehensive report delivered to the Committee on Appropriations and the Committee on Rules and Administration. Not more than 180 days after enactment of this act, the working group shall provide a briefing to those Committees on the status of the report, after which point the working group should provide monthly status updates to those Committees until the delivery of the report. Such report must include an analysis of an option or options that would provide for a direct provision of services by the Senate Sergeant at Arms upon voluntary election by an individual Senator. In addition to the formal report, the Committee expects to be kept apprised of any additional goals, activities, and programs believed beneficial to foster and retain a diverse and inclusive workforce.
Our Work:
Demand Progress FY 2023 Appropriations Request, p. 68
Demand Progress Joint Testimony with NALEO and The Joint Center on the Creation of an Office of Diversity and Inclusion in the Senate.
Increase in Government Accountability Office Funding Levels
Senate Bill, p. 31
Senate Bill Summary, p. 3
Bill Summary Language: As Congress’ independent and nonpartisan “watchdog,” the GAO audits and evaluates federal agencies to root out waste, fraud, and abuse while improving government efficiency and effectiveness. The bill provides $786 million for GAO, an increase of $66.6 million more than fiscal year 2021. This increase will allow GAO to maintain current staff, and builds on a multi-year effort to restore GAO its optimal level of 3,500 staff. The bill also includes additional resources for the Science, Technology Assessment, and Analytics team, which continues to grow and adapt to calls from Members of Congress and congressional staff for technology assessments, technical assistance, and reports in the areas of oversight of federal technology and science programs.
Our Work:
Demand Progress FY 2023 Appropriations Request, p. 27
Demand Progress Education Fund Report: A New Funding Model for the GAO and Financial Relief for Congress
Modernization, Data, and IT
Legislative Branch Support Agency Information Working Group
Senate Explanatory Statement, p. 4-5
Language: The Committee values the existing workgroups and discussions through which the legislative branch support agencies share ideas with and improve their services to Congress. The Committee also understands the importance of data access to certain of those agencies’ missions. Accordingly, the Committee directs the Congressional Budget Office, the Library of Congress, and the Government Accountability Office to create a working group, in consultation with other appropriate congressional and public stakeholders, to identify the challenges they face in obtaining timely, detailed, and sufficient access to Federal agency information. Within 1 year of enactment of this act, recognizing that the agencies have individual needs, the task force shall provide the Senate and House Committees on Appropriations, the Senate Committee on Rules and Administration, and the Committee on House Administration options for ensuring these agencies have access to the information they need at the time, in the formats and level of detail necessary for them to complete their work. The task force shall continue to meet from time to time to monitor the situation and make recommendations to the committees, as appropriate.
Our Work:
Demand Progress FY 2023 Appropriations Request, p. 33
Demand Progress summary of House Select Committee on the Modernization of Congress hearing on Congress’ Policy Support Agencies
Lobbyist Disclosure Unique Identifier
Senate Explanatory Statement, p. 5
Language: The Committee is aware of discussions between the Secretary of the Senate and Senate Sergeant at Arms, as well as with the Clerk of the House of Representatives, regarding the necessity for a redesign and rebuild of the Lobbying Disclosure Act online filing system to implement a Congress-wide identifier for all lobbyists and disclose that identifier to the public as structured data. The Secretary and the SAA shall brief the Committee on the feasibility of and plans for the overhauling of such an online filing system, including redesign and rebuild requirements, estimated costs, schedule, and any other challenges or logistics the Secretary and SAA deem appropriate.
Our Work:
Demand Progress FY 2022 Appropriations Request, p. 21
Demand Progress Rules Recommendations p. 28
We note language directing the use of a lobbyist disclosure unique identifier was included in prior appropriations bills, and the Clerk’s office submitted a report on its implementation in April 2022. Comparable language was included in the House Legislative Branch Committee report.
Centralized Document Repository
Senate Explanatory Statement, p. 5-6
Language: Within 120 days of enactment of this act, the Secretary of the Senate and Senate Sergeant at Arms shall jointly investigate and provide a report to the Committees on Appropriations and Rules and Administration concerning the feasibility of development and implementation of a central, publicly-available repository for official Senate bill, Senate amendment, resolution, and committee documents. In doing so, consideration should be given to ensuring that the bills, amendments, resolutions, and other documents are publicly available prior to or contemporaneously with their consideration by the relevant body. The Secretary should examine the website utilized by the House, docs.house.gov, engage with the Bulk Data Task Force as well as congressional and public stakeholders, revisit the current mechanism the Senate uses to publish this information internally, and review the tools provided by legislative information providers.
Our Work:
Demand Progress FY 2023 Appropriations Requests, p. 71
Congressional Staff Directory
Senate Explanatory Statement, p. 20
Language: The Committee notes the unavailability or insufficiency of currently-provided congressional staff contact information. The absence of a congressional staff directory that covers the Senate, House, support offices, and support agencies makes it difficult for congressional staff to identify and connect with relevant staff. The Committee directs SAA, in consultation with relevant support offices and agencies, including the Office of the Clerk and Chief Administrative Officer of the House of Representatives, to explore the creation of a centrally-managed staff directory for Congress and congressional support agencies to enhance the exchange of information and improve collaboration across the legislative branch. Within 180 days of enactment of this act, SAA shall brief the Committee on the feasibility of creating a centralized congressional staff directory, including associated costs and directory information features and access.
Our work:
Demand Progress FY 2023 Appropriations Requests, p. 21
Demand Progress Rules Recommendations, p. 40
Cyber Tools
Senate Explanatory Statement, p. 21
Language: The Committee directs the SAA to evaluate and provide a briefing within 6 months of enactment of this act to the Committee on the feasibility of Member office and committee use of cloud-based word processing and document real-time collaboration tools in a SAA-hosted and CIO-operated data center.
Our work:
Demand Progress Rules Recommendations, p. 17
Science and Technology
Science and Technology Assistance for Congress
Senate Explanatory Statement, p. 3-4
Language: The Committee notes the interest among some Members over the past several years to reinstitute the Office of Technology Assessment [OTA], which was de-funded in 1995. In fiscal year 2019, the Committee instructed the National Academy of Public Administration [NAPA] to conduct a study to determine the best way to increase Congress’ access to needed in-depth analysis of fast-breaking technology developments. The NAPA report, released in November 2019, recommended strengthening the capacity of the Government Accountability Office [GAO] and Congressional Research Service [CRS] in technology assessment rather than restarting OTA. The Committee remains pleased with the efforts of both CRS and GAO to respond to the concerns of Congress and increase the depth and breadth of their capacities to provide research and policy analysis on current and emerging legislative issues related to science and technology [S&T] and Federal uses and oversight of S&T.
The Committee encourages CRS to continue to hire additional staff for its specialized teams working on S&T issues in order to expand its capacity and expertise and allow CRS to meet the growing need of Congress for timely, complex, and multidisciplinary analysis of policy issues related to these rapidly changing technologies, the effects of the Federal government in oversight of such technologies, and the effects of the Federal government S&T policies across all sectors. The Committee also encourages CRS to increase outreach efforts to make Members and congressional staff more aware of the resources it provides related to S&T issues Congress is examining.
Additionally, in 2019 the GAO established a Science, Technology Assessment, and Analytics [STAA] team to better address the evolving and time-sensitive needs of Congress. The Committee encourages the GAO to continue to strengthen its STAA team and the Innovation Lab to increase the depth, breadth, and diversity of knowledge available to meet congressional needs.
As a result, the bill provides the full request for CRS and GAO to strengthen S&T programs. The Committee will continue to review the work of CRS and the GAO to see if other steps are needed in the future.
Our Work:
Demand Progress Rules Recommendations, p. 42
Demand Progress FY 2022 Appropriations Request, p. 32
See this report by Demand Progress and the Lincoln Network outlining how to further strengthen Science and Technology inside the Legislative branch.
GAO Science, Technology Assessment, and Analytics Team
Senate Explanatory Statement, p. 51-52
Language: In the fiscal year 2019, the Committee directed GAO to provide a comprehensive plan to reconfigure its science and technology function to better address the evolving and timely needs of Congress, and in January 2019, GAO established a Science, Technology Assessment, and Analytics [STAA] team. In consultation with internal and external stakeholders, academic and nonprofit organizations, and Members of Congress, the STAA team submitted its plan for staffing needs, resources, areas of expertise, and the products and services that the team will provide or is currently providing to Congress. The plan demonstrates STAA’s value and ability to assess upcoming technological and digital innovations. Presently, the STAA is providing Congress with technology assessments, technical assistance, and reports in the areas of oversight of Federal technology and science programs, as well as best practices in engineering sciences and cybersecurity. The Committee applauds the efforts of GAO’s STAA team and encourages STAA to continue providing Congress with unbiased explanatory data, as well as assessments of future science and technology issues relevant to Congress. The Committee also supports the ongoing growth and adaptation of the STAA team to meet congressional needs.
Our Work:
Demand Progress FY 2022 Appropriations Request, p. 32
See this report by Demand Progress and the Lincoln Network outlining how to further strengthen Science and Technology inside the Legislative branch.
GAO Unimplemented Recommendations
Senate Explanatory Statement, p. 52
Language: Within 180 days of enactment of this act, GAO shall publish on its website and provide to the Committees on Appropriations of the Senate and House of Representatives, the Senate Homeland Security and Governmental Affairs Committee, and the House Oversight Committee a report estimating the financial costs of unimplemented GAO recommendations.
Our Work:
Demand Progress FY 2022 Appropriations Request, p. 33
The Lincoln Network has led on this issue.
Library of Congress
Floor Scheduling Information on Congress.gov
Senate Explanatory Statement, p. 5
Language: The Committee requests that the Library of Congress, Government Publishing Office [GPO], and Congress.gov data partners provide a report to the Senate and House Committees on Appropriations, the Committee on House Administration, and the Senate Committee on Rules and Administration concerning enhancing Congress.gov to include floor scheduling information. In that report, the Library, GPO, and Congress.gov data partners shall evaluate integrating House and Senate floor scheduling information into a combined calendar that identifies legislation and other measures likely to be considered on a particular day (or range of days) during the upcoming week, perhaps alongside the information contained in the ‘‘committee schedules’’ calendar. The report should focus on the feasibility, cost, options, and design of an integrated House and Senate floor schedule on Congress.gov
Our Work:
Demand Progress Library of Congress Recommendation Report, p. 2
Congress.gov Update Study
Senate Explanatory Statement, p. 46
Language: The Committee recognizes that Congress.gov is an important tool for members, staff, and the public to follow and understand the congressional process; however, the Committee believes that Congress.gov could provide a more complete picture of the full legislative process. Therefore, the Committee requests that the Library, in collaboration with the Legislative Branch Data Interchange Working Group, conduct a study to determine what changes are necessary to allow Congress.gov to better track the legislative process. The study should identify technical and procedural changes required to track legislation that is introduced and later included in a separate measure, legislation introduced that is also filed as an amendment, and a better tracking of the congressional committee process, including the notation of recorded votes in committee. The Committee encourages the Library to consult with congressional and public stakeholders in the development of the study and to submit a report to the Committee within 180 days of enactment of this act on the findings of the study.
Our Work:
Demand Progress Library of Congress Recommendation Report, p. 5
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