The House Rules Should be Publicly Available in Advance of Their Adoption

At the start of the 115th Congress, there was a fight over whether the Office of Congressional Ethics should continue its existence. I won’t get into the merits of the disagreement here (although I’ve written about it elsewhere), but how it occurred is interesting.

The Office of Congressional Ethics is one of the many offices and agencies created by the rules of the House of Representatives, which are adopted on the first day of the new Congress. The House Rules are contained in a simple resolution, and that resolution usually is released to the public at most 24 hours before the vote, and sometimes with even less notice. At the start of the 115th Congress, the Republican Conference did not finalize the proposed rules until the night before they were to be considered by the House, and the full text didn’t leak out in full until the day of the vote.

More or less, this is the general practice of both parties, which is neither transparent nor helpful to the deliberative process. And yet, bills and joint resolutions were publicly available online for 3 days in advance of when they were voted on, just as the House rules require. What was going on?Continue Reading

The House of Representatives Orders Seconds on Legislative Transparency

Once again, at the start of the 115th Congress, the House of Representatives included an order in its rules package in support of public access to legislative information.

(m) BROADENING AVAILABILITY OF LEGISLATIVE DOCUMENTS IN MACHINE-READABLE FORMATS.—The Committee on House Administration, the Clerk, and other officers and officials of the House shall continue efforts to broaden the availability of legislative documents in machine readable formats in the One Hundred Fifteenth Congress in furtherance of the institutional priority of improving public availability and use of legislative information produced by the House and its committees.

What this means it the House of Representatives will continue–as a matter of policy–its work in making information about the legislative process available to the public.

As readers of this blog know, there has been a tremendous amount of progress in the last few years, including: publishing structured data about legislation, publication of bills and amendments to be considered by the Rules committee, the publication of the House’s rules as XML, publication of a House phone directory, publication of the U.S. code as structured data, publication of the committee hearing and markup schedule, online committee video, and more. And, even more remarkably, this is all being done on a bipartisan basis.

I’m looking forward to seeing what will be accomplished in the 115th Congress.