The POPVOX Blog
Articles Tagged Congress,
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Contempt of Congress: It's Complicated
The House will likely vote this week on a resolution to hold Attorney General Holder in contempt of Congress.
The history of Congressional contempt findings go back to the early days of Congress itself. Modern cases show that enforcement of contempt can be tough -- especially against a federal officer claiming executive priviledge.
Early "Contempt of Congress" -- According to CRS, the first "contempt of Congress" finding was in 1795, when three Members of Congress accused Robert Randall and Charles Whitney of attempting to bribe them to pass a law granting "18-20 million acres of land bordering Lake Erie." The Seargent-at-Arms arrested and detained Mr. Randall. A proceeding similar to a trial was held at "the bar of the House", and on on Jan 4, 1796, the House found Randall in contempt. He was held in custody for nine days until the House passed another resolution letting him go.
Details of this and other precedents of Congressional contempt findings throughout the years are described in the nonpartisan Congressional Research Service report, "Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure" (CRS does not actually publicly release its reports, but several sources, including the Federation of American Scientists keep a catalog of any CRS reports that have been released by others.)
Inherent Contempt (A Trial in Congress) -- In those early days, Congress asserted (and the Supreme Court agreed) that it inherently had the right to hold people in contempt because the Constitution grants the power to legislate -- which requires a power to investigate so Congress understands what it is legislating -- and includes the power to compel testimony (McGrain v. Daugherty). As the CRS report alludes, who would argue "original intent" with Congress in 1795? Many then-Members of Congress also happened to have been at the Constitutional Convention just a few years earlier. The Supreme Court later clarified that the "inherent contempt" power is broad (Eastland v. US Servicemen's Fund), is at its peak when the investigation in question is waste, fraud, abuse within gov dept (Barenblatt v. US) and it has to be related to legislating, not the private matters of citizens (Kilbourn v. Thompson).
But there is no Capitol jail and Congress has not used this "inherent contempt" power since 1934, when Hoover's Commerce Secretary, William MacCracken, was held at the Williard Hotel for his participation in the Air Mail scandal.
Criminal Contempt (Turn it over to the U.S. Attorney) -- In 1857, Congress passed a law making contempt of Congress a crime. According to 2 U.S.C. §§192, 194, "a person who has been “summoned as a witness” by either House or a committee thereof to testify or to produce documents and who fails to do so, or who appears but refuses to respond to questions, is guilty of a misdemeanor, punishable by a fine of up to $100,000 and imprisonment for up to one year."
If Congress wants to find someone in criminal contempt, the process is that:
- A Congressional committee recommends a finding of contempt,
- The committee report is read on the House Floor,
- The full body votes on a resolution recommending that the Speaker of the House certifies the finding of contempt to the U.S. Attorney,
- The Speaker certifies the finding,
- The U.S. Attorney has a duty to bring the certification to a grand jury for action.
Executive Priviledge Complicates Executive Enforcment -- Things get complicated when the contempt discussion is around an "executive priviledge" and the question becomes whether one branch of government can compel another branch do something.
In 2007, the House Judiciary Committee investigated the Executive Branch over allegations that the resignations of nine United States Attorneys were politically engineered. "The Bush Administration asserted that senior presidential advisors, like Senior Counsel Harriett Miers, were absolutely immune from compelled testimony before Congress when asserting executive privilege at the direction of the President." The U.S. District Court for D.C. rejected that, reaffirmed Congress’s “essential” constitutionally based power to issue and enforce subpoenas, but "made no explicit comment about Congress’s authority to punish executive branch officials through contempt." (quoting CRS report) The case was appealed but no resolution reached because the subpoenas in question expired at the end of the Congresional session that issued them.
"Civil" Contempt (Leave it to the Courts) -- There is a third contempt option, at least in the Senate, which has passed a civil enforcement statute. The statute allows Congress to essentially "sue" for enforcement of its subpoena. This leaves the decision and enforcement to the Judicial Branch. The Senate statute, however, is inapplicable in the case of a subpoena issued to an officer or employee of the federal government acting in their official capacity. 28 U.S.C. §1365.
So what's a Congress to do? What happens if the House votes in favor of a resolution holding the Attorney General in contempt? Who knows. Chances look pretty good, however, for a court battle that lasts at least as long as this Congressional session (which probably ends in December of this year). That could have a result (or lack of a result) similar to the Miers case.
One thing is for sure, however: No one is heading for the "Capitol Jail" anytime soon.
Learn more about how Congress works with our "The Hill 101" Series.
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The Hill 101: There is no "Capitol Jail"
When Congress starts talking about holding someone in contempt, there is invariably talk about a supposed "jail in the basement of the Capitol." This story was given new life last week by Nancy Pelosi suggesting that Karl Rove could have been jailed in the Capitol in 2007. (The New York Times thought so too.)
But is there really a jail in the Capitol basement? No.
Lucky for us, POPVOX developer Annalee Flower Horne is a master of Capitol-related trivia. She has given hunderds of Capitol tours and studied the building since she was a kid. Annalee writes:
There is no Capitol jail.

There is a tomb chamber under the crypt (beneath the star), which was meant to house Washington's body. Washington made arrangements to be buried at Mount Vernon. The tomb chamber has bars, leading many to assume it must be a jail cell. It's never been used as one, though.
I believe the last person to receive the dubious distinction of an arrest for contempt of Congress was a member of the Hoover administration--but they didn't hold him in the Capitol. He was held at the Willard Hotel. These days, if Congress needed to jail someone, they'd probably use the Capitol Police's offsite holding cell.
There was, however, a building called the "Old Capitol Prison," on the grounds of what's now the Supreme Court building. It was the temporary Capitol for a few years after the British set the real one on fire in 1814. After that, it was used as a private school, then a boarding house (where Vice President Calhoun died in 1850). It became a prison during the Civil War. Later, it served as the headquarters for the National Women's Party before the Federal Government bought it back and razed it to make room for the Supreme Court.
Check out this interview from the Senate Historical Office oral history project: Towards the bottom of Page 20, they talk about contempt and rooms in the Capitol used at various times to hold prisoners.
CNN covered the question in 2007: -
POPVOX Resources for Congressional Staff
We at POPVOX think a lot about Congress and the staffers that make Congress go. Recently, a Congressional office asked us to share best practices for using POPVOX in their work. The following slideshow demonstrates how staffers (and advocates) can use publicly-available POPVOX information to lead a legislative effort. (Staff also have access to some special district-specific tools and dashboards when they are logged in with a staff account.) How are YOU using POPVOX? Let us know!
POPVOX: Resources for Hill StaffView more presentations from POPVOX -
Committee Spotlight: House Judiciary Committee and SOPA
Given that H.R. 3261, the Stop Online Piracy Act, was the most active bill on POPVOX this week, we decided to crunch some numbers related to the committee of jurisdiction on the bill. The House Judiciary Committee is currently considering the bill in a "mark-up", which began in December and is set to resume next week when Congress returns.
Below is a chart of the input that Judiciary Committee members have received from their constituents through the POPVOX system.

A few observations:
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Every committee Member has received messages from their constituents regarding SOPA using POPVOX.
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Sentiment in every district is majority opposition (of sentiment registered on POPVOX.)
As we always emphasize, POPVOX is not a poll. It is simply a sample of what Congress is hearing from constituents. The messages that are counted on POPVOX have been received by these Members through their official correspondence systems. (See: How We Deliver Messages). POPVOX brings transparency, efficiency, and accountability to that system.
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Congress Only Wants to Hear from Constituents
If you want to know the most important rule about contacting Congress and launching a successful advocacy campaign, this is it: Congress Only Wants to hear from Constituents. No one else.* If you have an opinion to share, a request to make, or a question to ask, address YOUR representative or senator.
For many, this can be frustrating, especially if your own representative or senator does not share your view or is not a member of a committee with jurisdiction over the issue in question. Or, maybe you are like many who contact us from the District of Columbia or territories -- your feel powerless and unrepresented.
This frustration causes many people to send their message to another legislator whom they feel will be more receptive to their concerns. These messages usually begin with, "I know I am not in your district, but I live in your state..." or "You must listen to me because I am a citizen of the United States of America..." or "I am writing to you because my own senator won't listen." Some of these letters or emails may then go on to make extremely valid points or share touching personal stories, but they will not reach their intended recipient. Here's why:
The staffer processing letters and other correspondence in the receiving office (usually called a legislative correspondent) will automatically pull any that reflect addresses outside the district (or state, for senators) and forward the correspondence to the correct office. This is known as “professional courtesy.” That means that correspondence addressed to the incorrect office will not be read by the Member of Congress and probably not even read by the staffer sorting the mail.
There are good reasons for legislators to focus on their constituents
Does this mean that legislators are solely focused on those who can re-elect them? Well, that is one interpretation, but there are some good reasons for the practice:
- Limited resources- Members of Congress are essentially the “customer service” department for their districts. They have a set amount of resources and staff to handle incoming requests and statements. Any diversion of resources to process or respond to requests from outside the district necessarily means less attention can be paid to the constituents that they are in office to represent.
- Franking restrictions - Members of Congress are given a powerful tool in the Congressional Franking Privilege , which allows them to send messages and respond to constituent inquiries through the U.S. Postal Service or over official email addresses. Members’ franking limitations are set based on the number of people in their state or district, so that expenditure of resources to respond to non-constituent requests could compromise the ability to respond to actual constituents. In addition, franking laws restrict Members’ from sending mass mailings outside their district.
- Limiting incumbent advantage - These rules are designed to minimize the electoral incumbent advantage that comes from access to official communications channels. (Imagine if someone running for President could use Senate or House resources to get their name out to people all over the country -- would not be fair.)
You can still be effective -- even if YOUR legislator seems unmoveable or ineffective
Don't discount the power of your legislator even if they are a delgate without a vote on the House Floor or not a member of a committee of jurisdiction. Delegates still have power with their committee votes and and are courted as allies in the same ways as other members. For members not sitting on the committee holding a hearing or conferencing on the bill or being called SUPER, they still have great sway and will lobby their colleagues on behalf of constituents.
So what should you do if you have an opinion to share that you feel should be heard by someone who is not your representative or senator?
- Express your opinion to your legislator anyway . Sometimes minds change. Usually the best way to get your point across is to tell a personal story that illustrates your point. With POPVOX, that story does not just go into the “black box” of legislative correspondence system. You can share your comment via Facebook, Twitter, or email, and ask others to weigh in on the issue. If you are able to show that more people in your district share your opinion, you will increase the chance of affecting the way your legislator thinks about the matter.
(One of the motivating factors behind the creation of POPVOX was the moving testimonials and heartfelt opinions that come into Capitol Hill that are not be shared with a wider audience. Since comments on POPVOX are public and searchable, those that strike a chord or make a particularly salient point can be shared and read by all, and may rise to get the attention of those key legislators that would otherwise not receive the message if it were simply sent to their office.)
- Show local pressure: Write a letter to your local newspaper or post on local blogs. Refer your friends and neighbors to the local stories and opinions on POPVOX, drive the numbers in your district on POPVOX and point your local media (and your local legislators) to take note.
- Cultivate "grass tops" - Lobby local officials - your city council person, school board members, PTA leader, religious leaders, etc. to take a position on the issue -- and do it on POPVOX so you can point others' to their input. Studies show that hearing from "constituents who represent other constituents" is one of the most influential factors in helping an undecided representative or senator make up their mind.
- Build support in the districts or states of key legislators. If there is a key committee member or whose vote is crucial, then your best bet is to show that his or her constituents agree with your position. Maybe it’s time to tap into that alumni directory or reach out to your cousins’ cousin in a committee chair’s district. We designed POPVOX so that you can see sentiment and comments at the district and state level -- and so that the committee chair’s local newspaper and blogs are able to see what people are saying back home.
At POPVOX, we are working not only to make it easier for you to make your voice heard in Congress, but also to make it easier for Congress to process all of the incoming messages. In a recent meeting with Congressional staff, we were told that messages sent through POPVOX are the most easily processed by staff. We asked what we could do better and one staffer told ys, "Make sure EVERYONE uses this." We're working on it!
* This refers only to legislative advocacy and interactions with a Member's legislative office. As a general rule, campaign staff and campaign offices are happy to accept donations from people in any district. As with anything in Congress, there are exceptions.
This is an updated post that was originally published on the POPVOX blog on November 10, 2010.
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What You Told Congress in 2011 (TOP 50 BILLS ON POPVOX)
Some dominated the headlines, some never got a vote. The bills that moved people to contact Congress in 2011 span the gamut from jobs to taxes, internet policy and immigration.
POPVOX compiled the top 50 bills that were important to you in 2011, along with a "where are they now." And check out the slide show featuring the Top Ten.
A Congressional session is two years long. These bills are still pending. If you have not already told Congress what you think, click the link to register your opinion and POPVOX will deliver your message.
2011 Top 10 billsView more presentations from POPVOX- Bill #1H.R. 3035: Mobile Informational Call Act of 2011 - "To amend the Communications Act of 1934 to permit informational calls to mobile telephone numbers..."
H.R. 3035 was pulled by its sponsor and is no longer being considered.
- Bill #2H.R. 25: Fair Tax Act of 2011 - "To promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States."
H.R. 25 was the subject of a hearing in the House Ways and Means Committee. It did not receive a vote in either chamber.
- Bill #3H.R. 2306: Ending Federal Marijuana Prohibition Act of 2011 - "To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes."
H.R. 2306 has not received a vote in either chamber.
- Bill #4H.R. 3: No Taxpayer Funding for Abortion Act - "prohibits taxpayer funded abortions and provides for conscience protections.
H.R. 3 passed the House on May 4, 2011 and is pending in the Senate.
- Bill #5H.R. 2: Repealing the Job-Killing Health Care Law Act - "To repeal the job-killing health care law and health care-related provisions in the Health Care and Education Reconciliation Act of 2010."
H.R. 2 passed the House on January 19, 2011 and is pending in the Senate.
- Bill #6H.R. 3261: Stop Online Piracy Act (SOPA) - "To promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes."
H.R. 3261 is being considered in the House Judiciary Committee, mark-up is ongoing.
- Bill #7S. 724: Ensuring Pay for Our Military Act of 2011 - "A bill to appropriate such funds as may be necessary to ensure that members of the Armed Forces... receive pay and allowances (in the event of a government shutdown)"
S. 724 has not received a vote in either chamber.
- Bill #8H.R. 822: National Right-to-Carry Reciprocity Act of 2011 - "to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State"
H.R. 822 passed the House on Nov 16, 2011 and is pending in the Senate.
- Bill #9S. 13: Fair Tax Act of 2011 - "A bill to promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States."
S. 13 has not received a vote in either chamber.
- Bill #10H.R. 589: Emergency Unemployment Compensation Expansion Act of 2011 - "To amend title IV of the Supplemental Appropriations Act, 2008 to provide for additional weeks of first-tier emergency unemployment compensation"
H.R. 589 has not received a vote in either chamber.
- Bill #11H.R. 96: Internet Freedom Act - "To prohibit the Federal Communications Commission from further regulating the Internet. "
H.R. 96 has not received a vote in either chamber.
- Bill #12H.R. 308: Large Capacity Ammunition Feeding Device Act - To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes"
H.R. 308 has not received a vote in either chamber.
- Bill #13S. 1176: American Horse Slaughter Prevention Act of 2011 - to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption
S. 1176 has not received a vote in either chamber.
- Bill #14S. 1549: American Jobs Act of 2011 - "A bill to provide tax relief for American workers and businesses, to put workers back on the job while rebuilding and modernizing America, and to provide pathways back to work for Americans looking for jobs."
S. 1549 was reported out of committee on Sep 14, 2011.
- Bill #15H.R. 1380: New Alternative Transportation to Give Americans Solutions Act of 2011 - to encourage alternative energy investments and job creation.
S. 1380 has not received a vote in either chamber.
- Bill #16S. 1108: 10 Million Solar Roofs Act of 2011 - A bill to provide local communities with tools to make solar permitting more efficient, and for other purposes.
S. 1108 was reported out of committee on Dec 15, 2011.
- Bill #17S. 968: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PIPA) - "A bill to prevent online threats to economic creativity and theft of intellectual property, and for other purposes."
S. 968 was reported out of committee on May 26, 2011.
H.J.Res 17 has not received a vote in either chamber.
- Bill #19H.R. 21: Reclaiming Individual Liberty Act - "To repeal the mandate that individuals purchase health insurance."
H.R. 21 has not received a vote in either chamber.
- Bill #20H.R. 1116: Respect for Marriage Act - "To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage."
H.R.1116 has not received a vote in either chamber.
- Bill #21S. 1403: IDEA Full Funding Act (Saving Lives by Lowering Tobacco Use Act) - "Assist states and outlying areas in providing special education and related services to children with disabilities. Saving Lives by Lowering Tobacco Use Act - Amends the Internal Revenue Code to increase excise taxes on cigars, cigarettes, pipe tobacco, roll-your-own tobacco, snuff, and chewing tobacco."
S. 1403 has not received a vote in either chamber.
- Bill #22H.R. 2560: Cut, Cap, and Balance Act of 2011 - "To cut, cap, and balance the Federal budget."
H.R. 2560 passed the House on Jul 19, 2011 and is pending in the Senate.
- Bill #23H.R. 1297: Ensuring Pay for Our Military Act of 2011 - "A bill to appropriate such funds as may be necessary to ensure that members of the Armed Forces... receive pay and allowances (in the event of a government shutdown)"
H.R. 1297 has not received a vote in either chamber.
- Bill #24H.R. 1983: States’ Medical Marijuana Patient Protection Act - "To provide for the rescheduling of marijuana and for the medical use of marijuana in accordance with the laws of the various States."
H.R. 1983 has not received a vote in either chamber.
- Bill #25H.R. 3630: Temporary Payroll Tax Cut Continuation Act of 2011 - to extend the payroll tax holiday, unemployment compensation, Medicare physician payment, provide for the consideration of the Keystone XL pipeline, and for other purposes."
H.R. 3630 passed the House Dec 13, 2011 and passed the Senate on Dec 17, 2011.
It was signed into law by the President on Dec 23, 2011.
- Bill #26H.R. 223: Federal Prison Bureau Nonviolent Offender Relief Act of 2011 - to provide an alternate release date for certain nonviolent offenders
H.R. 223 has not received a vote in either chamber.
H.R 87 has not received a vote in either chamber.
- Bill #28H.R. 3012: Fairness for High-Skilled Immigrants Act of 2011 - "to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants."
H.R. 3012 passed the House on Nov 29, 2011 and is pending in the Senate.
- Bill #29H.Res. 135: Holding Congress Accountable Act of 2011 - "Requiring the posting of information on the disbursements made during each session of Congress from the Members’ Representational Allowance on official public Internet sites of the House of Representatives"
H.Res 135 has not received a vote in the House.
- Bill #30S.J.Res. 23: A joint resolution proposing an amendment to the Constitution of the United States relative to balancing the budget
S.J.Res 23 was reported out of committee on Jun 30, 2011.
- Bill #31H.R. 153: Ensuring Affordable Energy Act - "To prohibit funding for the Environmental Protection Agency to be used to implement or enforce a cap-and-trade program for greenhouse gases"
H.R. 153 has not received a vote in either chamber.
- Bill #32H.J.Res. 16: Proposing an amendment to the Constitution of the United States to repeal the sixteenth article of amendment (authorizing taxation of income).
H.J.Res 16 has not received a vote in either chamber.
- Bill #33H.R. 601: End Big Oil Tax Subsidies Act of 2011 - to repeal fossil fuel subsidies for large oil companies.
H.R. 601 has not received a vote in either chamber.
- Bill #34H.R. 2966: American Horse Slaughter Prevention Act of 2011 - "to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption"
H.R. 2966 has not received a vote in either chamber.
- Bill #35H.R. 1124: Fairness in Taxation Act of 2011 - "to impose increased rates of tax with respect to taxpayers with more than $1,000,000 taxable income."
H.R. 1124 has not received a vote in either chamber.
- Bill #36H.R. 29: To provide for the withdrawal of the United States from the North American Free Trade Agreement.
H.R. 29 has not received a vote in either chamber.
- Bill #37H.R. 1174: Internet Gambling Regulation, Consumer Protection, and Enforcement Act - "to provide for the licensing of Internet gambling activities by the Secretary of the Treasury, to provide for consumer protections on the Internet, to enforce the tax code, and for other purposes."
H.R. 1174 has not received a vote in either chamber.
- Bill #38S. 1867: National Defense Authorization Act for Fiscal Year 2012 (NDAA) - "To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense...)
S. 1867 passed the House on Nov 15, 2011 and passed the Senate on Dec 1, 2011.
It was signed into law by the President on Dec 19, 2011.
- Bill #39H.R. 2615: Second Amendment Protection Act of 2011
H.R. 2615 has not received a vote in either chamber.
- Bill #40H.R. 140: Birthright Citizenship Act of 2011 - "To clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth."
H.R. 140 has not received a vote in either chamber.
- Bill #41H.Con.Res. 34: Establishing the budget for the United States Government for fiscal year 2012 and setting forth appropriate budgetary levels for fiscal years 2013 through 2021 (Ryan Budget)
H.Con.Res. 34 passed the House on Apr 15, 2011 and is pending in the Senate.
- Bill #42H.R. 12: American Jobs Act of 2011 - "To provide tax relief for American workers and businesses, to put workers back on the job while rebuilding and modernizing America, and to provide pathways back to work for Americans looking for jobs."
H.R. 12 has not received a vote in either chamber.
- Bill #43H.R. 358: Protect Life Act - "To modify special rules relating to coverage of abortion services under the Patient Protection and Affordable Care Act "
H.R. 358 passed the house on Oct 13, 2011.
H.R. 43 has not received a vote in either chamber.
- Bill #45S. 679: Presidential Appointment Efficiency and Streamlining Act of 2011
S. 679 passed the Senate on Jun 29, 2011 and is pending in the House.
- Bill #46H.R. 1351: United States Postal Service Pension Obligation Recalculation and Restoration Act of 2011 - recalculating the amount of any Postal surplus or supplemental liability under the Civil Service Retirement System
H.R. 1351 has not received a vote in either chamber.
- Bill #47S. 1301: Trafficking Victims Protection Reauthorization Act of 2011 - "appropriations for fiscal years 2012 through 2015 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons"
S. 1301 was reported out of committee on Oct 13, 2011.
- Bill #48H.Con.Res. 13: Reaffirming “In God We Trust” as the official motto of the United States
H.Con.Res. 13 passed the House on Nov 1, 2011 and is pending in the Senate.
- Bill #49H.R. 2028: Private Student Loan Bankruptcy Fairness Act of 2011
H.R. 2028 has not received a vote in either chamber.
- Bill #50H.R. 1: Full-Year Continuing Appropriations Act, 2011
H.R 1 passed the House on Feb 19, 2011.
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Links for What's Happening in Congress
Was just asked by a POPVOX reader for some help finding a source for "what's going on in Congress" each week. We curate a few key bills from the calendar for our Bills in Congress page. (Stay tuned for new developments there.) In the meantime, thought I would share some of my favorite places to go find this info. Am I missing any good ones? Send links!
The Hill's Floor Action Blog ( @FloorAction ) I check this everyday. It presents the upcoming calendar with backstory from The Hill's reporters - good stuff! CongressMatters - David Waldman ( @KagroX ) explains Congress better and in clearer terms than anyone I know. The site is associated with the Progressive blog, DailyKos , but content focuses on procedure rather than politics.
Majority Leader Eric Cantor's ( @GOPLeader ) Weekly Schedule - This is the official source, which Leader Cantor's staff keeps extremely current.
The " Weekly Whip " from Minority Whip Steny Hoyer ( @WhipHoyer) -- with RSS!
Senate Democrat ( @SenateDems ) Floor Schedule
Senate Republican ( @SenateGOPs ) Floor Updates
UPDATE: From @ATWeber (and how did I miss this one!?!) The THOMAS.gov roundup of calendars is excellent!
UPDATE2.0: From @DerekWills NYTimes' " Today's Bills " (very nice!)
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Congressmen consider Modernizing Information Delivery
When in DC, attend a hearing.
All right, maybe a hearing isn't quite as fun as the Smithsonian, but if you can attend a hearing on an issue you're passionate about it can be pretty rewarding. I've been passionately advocating for improved transparency for many years now, and there were two hearings today about transparency.
The House Committee on House Administration's Subcommittee on Oversight held a hearing on reducing costs and improving transparency through the use of electronic publications . The subcommittee chairman (pictured at left below) viewed it as a matter of fiscal responsibility: does the House need to print 441 copies of the daily House calendar --- one for each office.
[caption id="attachment_521" align="aligncenter" width="400" caption="Chairman Phil Gingrey and Ranking Member Zoe Lofgren"]
[/caption]The subcommittee did something somewhat unusual in calling as witnesses two of their colleagues, Rep. Mike Honda (CA) and Rep. Greg Walden (OR). I was a little disappointed by their testimony. Honda is formerly one of the transparency movement's heros in Congress. I even wrote a limerick about him a few years ago:
There once was a man named Mike Honda,
A congressman us geeks are quite fond 'a,
In markup sessions takes on the chairman, a hulk,
so that we the people can get our data in bulk.
(And the rhymes get worse. For the rest of the poem and some other geeky poems, see this thread .)
Honda's office worked with us transparency geeks on congressional data transparency. In the hearing, he and Walden discussed how to reduce Congress's printing costs. Nothing noteworthy.
You do get to feel like you're getting a special glimpse of Congress when you go in person. Although the subcommittee has six members , only three were present. There were far more staffers present than congressmen, but that's not unusual. Rep. Zoe Logfren sat beside the chairman (Rep. Phil Gingrey) and raised issues including how to further transparency, how to be mindful of the digital divide, and how to accommodate Members of Congress who aren't very digital. (There are two things to note about Lofgren. First, her name is pronounced "Zoh" rather than "Zoee". Second, she's the Ranking Member, which is the term for the committee member with the highest seniority in the minority party (currently the Democrats). Committee chairs are always selected from the majority party (currently Republicans).)

It's also nice when you know some of the people in the room, so bring friends. Two of my friends from the Sunlight Foundation also attended, and I knew one of the witnesses, Tom Bruce, who directs Cornell University's Legal Information Institute. Tom's testimony was the most on-point as it related to congressional transparency. He noted that electronic legal documents have a variety of uses, from improving and reducing costs of the internal workings of Congress to created a marketplace of information useful for businesses, and of course transparency. Tom mentioned my other project, GovTrack.us , in his written testimony to the committee --- thanks Tom! Hopefully the congressmen will turn some of those points into real improvements.
Anyone can attend a hearing. They're held in the congressional office buildings, which surround the Capitol Building, where security is just a metal detector, so you can walk right in. The only time you might be prevented from attending is if the hearing room gets full. That's normal for high-profile policy issues. But committees are getting better about posting videos of their meetings online --- most have videos up promptly now.
At the same time as the hearing I was at, a mark-up session was going on elsewhere with an ironic twist. Although that committee meeting was deliberating funding for government transparency programs, it was not held in a transparent way. Daniel Schuman from the Sunlight Foundation wrote beforehand:
Unfortunately, the hearing will take place in a tiny room in the Capitol, so it is very difficult for members of the public to attend. It won’t be webcast, despite House rules requiring committees to “provide audio and video coverage … in a manner that allows the public to easily listen to and view the proceedings,” so you can’t watch the action online.
Committees do some of the most important work of Congress, and while committee transparency has improved markedly even in the short time that I've been following these things, there is still a long way to go.
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The Hill 101: Where the Rayburn Am I?
Navigating Capitol Hill is hard. Signs and room numbers don’t always make sense. Tunnels and long marble halls throw off the even the best senses of direction. Constituents in town for a quick fly-ins, Capitol Hill Interns arriving soon for the summer, POPVOX wants to help!

The most popular POPVOX blog posts that people (read: Congressional staffers) seem to keep coming back to are those in the Hill 101 category. Whether it’s an explanation of why r evenue measures must originate in the House or what the heck the bells and buzzers mean on the Capitol Hill clocks, let’s face it, it’s sometimes tough to find a simple explanation of the things that make Capitol Hill so mysterious.

When I was a staffer I had a recurring, terrible nightmare that I was lost in the sub-basement of the Rayburn building and whether I took escalators up or down, they just led to more, eternal sub-basement - which incidentally, is now even listed as a venue on FourSquare. (At least if you check in, they will know where to find you if you don’t make it back.) But it's not just Rayburn. Here's a few wayfinding tips..
1 ) AWESOME MAP : Start with this masterpiece of an interactive map of the Capitol Complex from Architect of the Capitol. 2) ROOM NUMBERS: They are actually set up to help you know which building you need, but only if you know the code:
HOUSE SIDE: - Three numbers = Cannon House Office Building (CHOB) . The first number indicates the floor; "B" in front means "Basement"
- Four numbers, starting with a 1 = L ongworth House Office Building (LHOB) . The second number indicates the floor; "G" is the ground floor, with 0 as the second digit. (So 1105 is on the first floor, 1035 is on the ground floor; and a"B" in front means "Basement"
- Four numbers, starting with a 2 = Rayburn House Office Building (RHOB) . The second number indicates the floor; "B" in front means "Basement" "SB" in front means "Sub-Basement"
SENATE SIDE (slightly easier) - indicated by "S" and a letter indicating the building, and room number. So, SD-101 is Room 101 in the Dirksen Building (DSOB) . "SH-" indicates the Hart Building (HSOB) and "SR-" is for Russell (RSOB) . CAPITOL BUILDING - Rooms start with "H" or "S" to indicate whether they are on the House or Senate-side of the Capitol. Single digits (H1, H2, H3) are in the basement; three-digit numbers indicate floor; so H-101 is on the first floor; H-201 is on the second. Unrelated but really cool: check out the 360-degree virtual tours of the Senate and House by the AOC:
3) TUNNELS & SHORTCUTS: The Hill has such great breakdown of the tunnels... and UrbanTrekker has some nice photos . The most important thing to know about the tunnels is that the quickest shortcut from the House to the Senate side (and vice-versa) is through the Capitol Visitors Center.So much more could be said... Staffers and former staffers, add your tips in comments!
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What Congress Sees on POPVOX
As of January 5, 2011, new rules in the House of Representatives allow electronic devices such as iPads on the House Floor ( wireless access pendin g).
We at POPVOX think this is a great idea .
Given this new world of Congressional connectivity, we thought you might like to see for yourself the kind of information that legislators and staff can access on POPVOX. From bill status information, to real-time constituent input, we are providing the tools to help Congress do its job better. So, here's a quick overview of what Congress sees on POPVOX:
CUSTOMIZED DOCKET
A Customized Bill Tracking Docket helps staffers and Members manage the myriad issues and bills they need to follow on a daily basis, based on their unique profile, including issue areas, committees, and district; and shows real-time constituent sentiment from POPVOX.
What's in the legislative docket?

- Bill lists by hot issues in the state or district, and by issue areas
- Bookmarked key bills for quick access
- Bill status, sponsor information and co-sponsor tallies
- Pie charts illustrating constituent sentiment
- Comments from constituents
- Lists of endorsing/opposing organizations

Constituent comments are displayed in two ways: A running “feed” of recent comments, sortable by state and Congressional district; and on bill reports, tied to specific bills. The only information displayed with these comment is a user’s screen name and Congressional district EXCEPT when the staffer or Member views Comments from the home district. In that case, the full name and city of the commenter is displayed, in order to help those in Congress better respond directly to constituents’ concerns. (The comments are also forwarded to the Congressional office.)
Bill Reports

Bill reports were designed to provide all of the information a legislative staffer needs to make a vote recommendation - in one place. That includes bill status and co-sponsors, constituent sentiment pie chart and cumulative support graph, endorsing and opposing organizations, constituent comments (searchable for all of POPVOX, or by state or Congressional district), and a map of support. One staffer told us, "this will do my job fo me!" And that is exactly the point. (These reports are also available to the public, for free, on POPVOX.)
Organization Profiles & Contact Info
Staffers have the same access to the POPVOX Organization Directory as other users, with the ability to search organizations by issue area or name. In addition, staffers and Members see emails and phone numbers of organization contacts. This is to facilitate the ability for Congress to easily contact an expert on any issue.
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Contacting Congress Tip #1: Members of Congress only want to hear from constituents (no one else.)
From time to time, the POPVOX founding team will share some tips and background we have learned throughout our experience or that we learn from those using the site. If you have tips or comments you would like to share, or questions you would like to have answered, please share at: info@popvox.com.
Members of Congress only want to hear from constituents (no one else.)*
This is one of the first, most important rules of legislative advocacy. If you have an opinion to share, a request to make, or a question to ask, address your Representative or Senator.
For many individuals, this can sometimes be frustrating, especially if their own Member does not share their view or party or is not a member of a committee with jurisdiction over the issue in question.
This frustration causes many people to send their message to another legislator whom they feel will be more receptive to their concerns. These messages usually begin with, "I know I am not in your district, but I live in your state..." or "You must listen to me because I am a citizen of the United States of America..." or "I am writing to you because my own Senator won't listen." Some of these letters or emails may then go on to make extremely valid points or share touching personal stories, but they will not reach their intended recipient.
The staffer processing letters and other correspondence in the receiving office (usually called a Legislative Correspondent) will automatically pull any that reflect addresses outside the district (or state, for Senators) and forward the correspondence to the correct office. This is known as “professional courtesy.” That means that correspondence addressed to the incorrect office will not be read by the Member of Congress and probably not even read by the staffer sorting the mail.
Does this mean that legislators are solely focused on those who can re-elect them? Well, that is one interpretation, but there are some good reasons for the practice:
- Focus on constituents - Members of Congress are essentially the “customer service” department for their districts. They have a set amount of resources and staff to handle incoming requests and statements. Any diversion of resources to process or respond to requests from outside the district necessarily means less attention can be paid to the constituents that they are in office to represent.
- Franking restrictions - Members of Congress are given a powerful tool in the Congressional Franking Privilege , which allows them to send messages and respond to constituent inquiries through the U.S. Postal Service or over official email addresses. Members’ franking limitations are set based on the number of people in their state or district, so that expenditure of resources to respond to non-constituent requests could compromise the ability to respond to actual constituents. In addition, Franking laws restrict Members’ from sending mass mailings outside their district. These laws are designed to minimize the electoral incumbent advantage that comes from the free access to official communications channels.
So what should you do if you have an opinion to share that you feel should be heard by someone who is not your Representative or Senator?
- Express your opinion to your legislator anyway . Sometimes minds change. Usually the best way to get your point acros is to tell a personal story that illustrates your point. With POPVOX, that story does not just go into the “black box” of legislative correspondence system. You can share your comment via Facebook, Twitter, or email, and ask others to weigh in on the issue. If you are able to show that more people in your district share your opinion, you will increase the chance of affecting the way your legislator thinks about the matter.
(One of the motivating factors behind the creation of POPVOX was the moving testimonials and heartfelt opinions that come into Capitol Hill that are not be shared with a wider audience. Since comments on POPVOX are public and searchable, those that strike a chord or make a particularly salient point can be shared and read by all, and may rise to get the attention of those key legislators that would otherwise not receive the message if it were simply sent to their office.)
- Write a letter to your local newspaper or post on local blogs. Refer your friends and neighbors to the local stories and opinions on POPVOX. Soon we will make it possible for media to contact commenters through their POPVOX profile (we will never give out your name or email without your permission) to conduct an interview or get background.
- Build support in the districts or states of key legislators. If there is a key committee member or whose vote is crucial, then your best bet is to show that his or her constituents agree with your position. Maybe it’s time to tap into that alumni directory or reach out to your cousins’ cousin in a committee chair’s district. We designed POPVOX so that you can see sentiment and comments at the district and state level -- and so that the committee chair’s local newspaper and blogs are able to see what people are saying back home.
* This is a discussion about legislative advocacy and interactions with a Member's legislative office. As a general rule, campaign staff and campaign offices are happy to accept donations from people in any district.
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What's the right way to apply technology to constituent communication?
It may be 2010, but when it comes to how constituents contact their members of congress it's like we're still using the Pony Express. As Marci explained in our first POPVOX post , the (electronic) letter is still the medium that works best for constituents and for members of congress, as bad as the cacophonous situation is today.
There is a lot of room for innovation. But us technologists had to make a number of mistakes first. Last summer I ran an experiment over at GovTrack to see if citizens could come together to write a “group letter” to Congress . The letter, which happened to be opposing H.R. 45 , a gun control bill, was collaboratively drafted by 451 participants using MixedInk.com . It was a little like 451 people working on a wiki to write a single letter. (And it worked well, considering.)
I delivered the letter personally to the offices of eight congressmen and learned a few things. We told the offices we were acting on behalf of some of their constituents. They were receptive and happy to respond to the names and addresses of the signatories to the letter in their district. (We had some 3,000 people sign the letter after it was drafted.)
Second, we wanted to see what the staff in each of the offices thought of a group-written letter as an innovative form of communication. Was this useful to them as a way to aggregate voices that was more thoughtful than a petition? Staff reactions were pretty much the same: Most thought the idea of group writing was interesting, but because we delivered it as esentially a petition with 3,000 signers that is how they saw it. There was no added value of going through the hoops of drafting a letter collaboratively.
My experiment failed because I wasn't attuned to the needs of congressional staff. Communication is a two-way street, after all. Constituents have certain needs when communicating with their representatives, and staff for members of congress have different needs. What works for one may not work for the other. Letter-writing is good for constituents but it's too good. Constituents write so many letters that congressional staff can only barely claim to process them. It's just a bad situation.
The POPVOX team thinks it's hit a sweet spot with the development of our new tool. We're by no means intending to replace the letter, electronic or otherwise. Our tool is solely electronic and we recognize that not all communities are equally active online, and what's best for one community may not be best for all. But we think there are times when a communication with Congress could be most effective with something other than a direct letter, and that's where we're hard at work.
If I end here, I'm sorry for being a bit of a tease about what we're actually building. But I'll tell you the most important part: the what is less important than the how . On the surface our idea is not new. It's our team, our experience inside Congress, with Gov2.0, and advocacy and our connections that allows us to develop a deeply thought-through product that will surely be significant.
We're going to be blogging throughout our process of development and of course after launch, and I hope to write about our approach to handling constituent communication "data", plans for analysis, our commitment to open access, and other technological sides of the project.
(For media inquiries, please contact Marci Harris, POPVOX’s CEO, at info@popvox.com.)
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