Select Committee on the Modernization of Congress

[December 11, 2019. Please note the Process discussed in the update comment below that a committee with an equal number of Democratic and Republican members; that requires a 2/3 majority vote to approve recommendations; has nonpartisan staff with one budget and one office; and has all members cosponsoring the legislation results in a truly bipartisan effort. This is a good example of Shared Legislative Power (SLP), even with the extensive tribalism we are experiencing today. My point is we could make this real bipartisan process a requirement (House & Senate rule) for the development of all new legislation and oversight. As I have discussed; the option is what we have now -- Insanity.] 

By a vote of 418-12 (unheard of in today's political environment), the U.S. House of Representatives has established the Select Committee on the Modernization of Congress as part of the House Democrats' new rules proposal.

Washington, D.C. – January 4, 2019. Speaker Nancy Pelosi issued this statement announcing that Congressman Derek Kilmer (D) of Washington State will chair the new Select Committee on the Modernization of Congress.

“It gives me great pride to appoint Congressman Derek Kilmer as the Chair of our new Select Committee on the Modernization of Congress.  Congressman Kilmer is an innovator and a pioneer, who has worked relentlessly to make the House more transparent and more responsive to the voices of Members and the American people.  His commitment to bipartisanship in the Congress will be vital to this Committee’s work to modernize our institution.

“This November, the American people called for a Congress that would be ethical, transparent, unifying and responsive to their needs and aspirations.  The Select Committee on the Modernization of Congress will deliver this promise, and advance a House of Representatives that is diverse, dynamic and oriented toward the future.  This Committee will strengthen our institution, recognizing the legislative branch is Article I, the first branch of government, and will help our transformative new class achieve results for the American people.

“With Congressman Kilmer at the helm of this important Select Committee, Democrats will reinvigorate the Congress and return the People’s House to the American people.”

Rep. Derek Kilmer‏t 



It has been clear for a long time that the House is a fixer-upper. Every time bills are written behind closed doors or passed without debate, every time Americans feel like they don’t have a say and too little is getting done, people lose faith. Congress needs to do better. 1/3




This committee represents an important step forward in renovating the House. Americans deserve a Congress where they have a say and things get done. They deserve a Congress that uses cutting-edge technology and that is as diverse as our nation. 2/3






Americans deserve a Congress that approaches its work in innovative new ways. I’m honored to have been chosen to lead the committee tasked with coming up with the ways to modernize Congress and get it working for the people again. I can't wait to start.

J.P. Note: As I have said many times before, when Congress wants to be serious and do something that they hope will have credibility and be bipartisan they always appoint a committee with an equal number of members from both parties. As is the case here there will be twelve members, six Democrats and six Republicans. The Committee will be charged with investigating and a studying options for modernizing Congress and file a final report at the end of the first session of the 116th Congress.

When will they ever learn that developing critically important legislation is also serious business that demands credibility and bipartisanship? Legislative committees with equal party representation will produce real, lasting solutions -- not one-sided solutions to complex problems that will be reversed during the next party power shift.

(FULL TEXT): Title II. Select Committee on the Modernization of Congress. 

Title II establishes a Select Committee on the Modernization of Congress to investigate, study, make findings, hold public hearings, and develop recommendations on modernizing Congress. Topics for investigation include: (1) rules to promote a more modern and efficient Congress; (2) procedures including the schedule and calendar; (3) policies to develop the next generation of leaders; (4) staff recruitment, diversity, retention, and compensation and benefits; (5) administrative efficiencies; (6) technology and innovation; and (7) the Franking Commission. 

The title requires the Select Committee to provide interim status reports to the Committee on House Administration and the Committee on Rules. It authorizes the Select Committee to report the results of investigations and studies to the House on a rolling basis, along with detailed findings and policy recommendations, and requires a final such report at the end of the first session of the 116th Congress. All policy recommendations must be agreed to by at least 2/3 of the Select Committee’s members. 

The Speaker is directed to appoint 12 Members, Delegates, or the Resident Commissioner to serve on the Select Committee, including two members serving in their first term, two members of the Committee on Rules, and two members from the Committee on House Administration. Six of the 12 members must be appointed on the recommendation of the Minority Leader, including one member from each of the three described categories. The Speaker is directed to designate a chair, and, on the recommendation of the Minority Leader, a vice chair. 

The Select Committee will be governed by Rules X and XI, except as provided in the subsection. The subsection does not extend subpoena and deposition authority to the Select Committee, but authorizes the Select Committee to submit subpoena and deposition recommendations to the relevant standing committees. The Select Committee is required to hold a Member Day Hearing. 

Democrats Propose New House Rules

Democrats Propose New House Rules

[Editor's Note: I have no connection or relationship with the organization No Labels or with the Problem Solvers caucus. This post is simply meant to provide a benchmark on what's happening in D.C. regarding proposed rule changes attempting to make the U.S. House more functional.]


The Washington Post obtained a copy of House Democratic leadership’s plan to reform the rules in Congress. It’s called “New Congress New Rules” and it's touted as a plan that would “restore Congress for the people.” The bipartisan Congressional reform group No Labels say they read the proposals and stated, “It’s a start, but it doesn’t come close to addressing the root causes of the current gridlock and partisanship in Washington.” Instead, No Labels is supporting another set of rule changes released on July 25, 2018 (see release), by the Problem Solvers Caucus, a bipartisan group of 48 House members, in their Break the Gridlock reform package which is designed to make the legislative process more transparent, efficient, and bipartisan. 

The following is the Executive Summary of the Democrat’s proposal, followed by a link to the complete draft and an overview of the No Labels campaign known as The Speaker Project.

New Congress – New Rules

DRAFT RULES PROPOSALS

Executive Summary

During the 115th Congress, the Republican Majority set the record for the most closed Congress in our nation’s history. By shutting down regular order, the legislative process, and the voices of a majority of Members and the people they represent, the GOP has abdicated its duties. Furthermore, we are in the midst of an Administration that has flaunted its conflicts of interest and a Republican Congress that has turned a blind eye to its constitutional duty to investigate and conduct oversight. Our Democratic rules package will take a strong first step in tackling many of the pressing issues facing our nation.

I.                   RESTORE THE PEOPLE’S VOICE Our rules package will restore the American people’s voice by emphasizing our Democratic priorities, protecting middle class taxpayers, establishing Member Day hearings so all Members can publicly present their ideas to committees, and strengthening congressional representation.

II.                RESTORE THE LEGISLATIVE PROCESS This proposal will create a more accommodating process for ideas to be considered. The proposal restores regular order, provides Members more time to read bills, establishes a select committee to improve the operation of Congress, modernizes the discharge petition, and reforms the motion to vacate the chair.

III.             RESTORE OVERSIGHT & ETHICS The legislative branch can reassert itself as a coequal branch of government, restore ethics, and hold the federal government accountable. The Democratic rules package will include reforms that amend the rules to protect whistleblowers, strengthen investigative powers, and prevent conflicts of interest.

IV.             RESTORE BUDGET RULES Since Republicans took control of the House, we have continuously seen them use fuzzy math to justify their lopsided priorities of enriching corporations and the wealthy at the expense of low- and middle-income Americans. Through this rules package we can return to fiscal sanity by eliminating dynamic scoring, eliminating CUTGO, restoring the Gephardt Rule, and ending the public lands giveaway.

V.                RESTORE INCLUSION & DIVERSITY This Democratic rules package emphasizes diversity and provides an opportunity for all Americans to be included in this institution. We will accomplish these goals by creating an independent diversity office, amending the rules to ban discrimination on the basis of sexual orientation and gender identity, and ensuring Members and staff are permitted religious expression.

No Labels is encouraging interested persons to send message directly to leadership indicating that they fail to directly address the Problem Solvers most meaningful ideas. "It’s just not enough to make real change." Persons may comment by posting on the Facebook page of incoming House Rules Committee Chairman Rep. Jim McGovern (D-MA).

No Labels is proposing a campaign known as The Speaker Project suggesting that on the first day of the new Congress, January 2019, members elect a new House speaker and adopt a package of rules to guide House procedures for the next two years.

They indicate that this is the moment when No Labels and the Problem Solvers Caucus could have more leverage than at any time in our history. Because the Speaker nominee needs majority support (218 votes) to get the job, a small group of united members has significant power. These members could commit that they will not vote for any speaker nominee who does not support the Break The Gridlock reform package. If this group of reformers hangs together, a speaker nominee will have to meet their demands to get the necessary 218 votes to be elected.

Access the complete Democrat proposal (click here).

Congress Is The Core Of U.S. Political Radicalism

Congress Is The Core Of U.S. Political Radicalism

There is so much talk of what is causing the divisive nature of American politics and the extreme partisanship of the American public. What is the root cause? What causes families to separate themselves from each other? What allows enemy foreign governments to so easily manipulate our temperament? What allows our politicians and President to divide us rather than unite us? What causes the gridlock that prevents finding constructive solutions to complex problems? What causes the tribalism and polarization of our public? What allows us to question facts and truth? What allows us to distrust the news media? What allows us to undermine the basic fundamentals of our democracy and our history of the greatest nation in the world? What allows our now great advances in social media to be used against the common good? What allows us to demean and demonize various segments of our population? What allows obvious lies to be understood as truths?

Is there any common thread to all of these questions? YES! The answer is our Congress. It may seem overly simplistic to cast this blame, but it is real. Congress sets the tone for our political discourse. Congress is the mechanism that is supposed to provide a “check and balance” on our political direction.

Over the last couple of decades, at the same time as our differences as a public have sharpened about the direction of the country, we have allowed political decision making to evolve to a point where even a one vote margin may determine our direction. We have allowed the one institution that is supposed to provide a “check and balance” to devolve into a useless entity, mired in gridlock, and no longer capable of performing its critical role to develop the legislation we need or to check the actions of the other two branches of government – the Executive and Judicial.

It should be clear that we are a divided country in terms of our beliefs about our future and what needs to be done to address our problems and issues. As the past couple of decades have revealed our differences are real, they are passionate and emotional. Yet we have refused to address the fact that our political infrastructure, which may have worked in the past, is no longer capable of addressing the issues, problems and political realities of the 21^st century.

How difficult is it to understand that a particular party (Democrats or Republicans), that maintains complete control of the Congress, House and/or Senate, by the very narrowest of numerical margins is not going to reflect the will of the country? How difficult is it to understand that whatever solutions derived by such a system, or action or lack of action by such a system, will be controversial or unacceptable to half or nearly half of the country?

For whatever reason we have allowed ourselves as a nation to accept the fact that this is the way we make decision – the way we govern; the way we solve problems. It is wrong. We know it is wrong. We know that it produces one-sided solutions or results. Yet, we continue on this path.

Our Founders, who created the greatest democracy in the world; what has been the gold standard of governing; warned us about the problems, they even said “evils” of political parties. At the same time they realized that parties are part of our DNA as a people.  But, somehow they trusted that we would see through the flaws and overcome the obvious. For nearly two hundred years we have managed to somehow make the system work with a respect for facts, truth, decency, moral responsibility, faith, international leadership and patriotism. We are now in a new era and faced head on with the reality that it no longer works.

The solution is obvious – the Congressional system must change if we are ever to restore our founding principles of governing and restore our image and reputation as the greatest governing democracy in the world.

The solution is recognition that governing must reflect and incorporate the views and beliefs of all of the people and not just half of the people. We can’t govern the greatest nation in the world based on the beliefs of just half of its population. We need leadership that recognizes our history and understands that governing by half of the country is not governing the nation as a whole.

I believe the public at large understands that solutions and problem solving are not one-sided and demand cooperation, compromise and decorum in leadership. Solutions and decisions must be made with recognition of facts and truth. Radicals on both sides do not understand this phenomenon. They believe that their ideas are the only ideas and they reject any sort of compromise. They seek division, perpetuate hate, misinformation, lies and even acts of violence to advance their position.

America, wake up! The Congressional system must change. One party, Democrats or Republicans, with a narrow margin of control, cannot command complete control of the decision making process of the House and/or Senate. The Constitution does not demand this; it simply says that Congress will establish its own rules. The existing rules are unacceptable and do not reflect the will of the public at large. They encourage division rather than unity. They exacerbate efforts to seek compromise and cooperation. They deny a comprehensive disclosure and investigation of the facts. And finally, they can incite rage and radical behavior among the public.

Congress can change its rules. Congress can develop a new system of “shared power” that reflects the will of the public and provides a new direction of leadership for our country.

We need to focus the criticism of our current governmental dysfunction, tribalism and radicalism where it belongs – Congress. We are much better than this and can change our course to a governing structure that can again be the model for governing that democracies of the world can respect and emulate.

I have written extensively about the concept of “Shared Legislative Power” (SLP). The underpinnings include: a strict adherence to a revised “regular order” process with bills and decisions moving through subcommittees and committees with equally balanced party representation, expert testimony, public input and with co-chairs and non-biased staff. This process is currently utilized by the House and Senate Ethics Committees and has been used, with success, by the Federal and individual state governments on rare occasions when the membership was divided equally. Following evolution through this revised regular order process, bills and decision, would proceed to the Floor for votes of the full membership, unencumbered by arcane rules that are designed to arbitrarily control and limit what bills and decisions are considered.

Admittedly, many procedural details would need to be addressed and it would involve a “game changing” revision to the existing legislative procedures in the House and Senate. Critics argue that it would result in complete gridlock; however, the limited experience in the past has proven otherwise with startling positive results involving cooperation, compromise, true bipartisanship, camaraderie and goodwill among members.

·                     Slow Learners: Save Democracy; Heed The Warnings (https://goo.gl/Qczn7a) September  3, 2018

·                     Ethics & The Way Congress Operates (https://goo.gl/wpSdXk) June 4, 2018)

·                     SLP: The Only Hope For "Country Over Party" (https://goo.gl/GSLfgh) May 21, 2018)

·                     Shared Committee Power And The Ambience of Bipartisanship(https://goo.gl/RgdtDz), March 22, 2017

·                     Shared Committee Power: How Crazy Is It? (https://goo.gl/wvpIUG), March 14, 2017 

·                     Beating The Dead Horse Of Bipartisanship (goo.gl/qy00fX), February 1, 2017

·                     Congress Could Be Functional; If It Wanted To (goo.gl/JlB5zu), January 18, 2017

·                     Bipartisanship: How The GOP Could Heal A Divided Nation(goo.gl/yU3zjB), December 23, 2016

###

#BetterGovmt

#PartyOverCountry

#CountryOverParty

#ReformCongress

#Congress

#GOP

#DEMS