Madam Speaker, I rise today to share an excellent op-ed written by my colleague Mr. Bill Pascrell, entitled, ``Why is Congress so dumb?'' In this lucid essay, Rep. Pascrell discusses the systematic demolition of Congress' power to assemble…
Madam Speaker, I rise today to share an excellent op-ed written by my colleague Mr. Bill Pascrell, entitled, ``Why is Congress so dumb?'' In this lucid essay, Rep. Pascrell discusses the systematic demolition of Congress' power to assemble accurate information, conduct investigations and develop sound policy. It is an imperative of the 116th Congress that we rebuild Congressional capacity to govern with the information we need. In his piece, which appeared in the Washington Post, Mr. Pascrell writes:
In a year of congressional low lights, the hearings we held
with Silicon Valley leaders last fall may have been the
lowest. One of my colleagues in the House asked Google CEO
Sundar Pichai about the workings of an iPhone--a rival Apple
product. Another colleague asked Face book head Mark
Zuckerberg, ``If you're not listening to us on the phone, who
is?'' One senator was flabbergasted to learn that Facebook
makes money from advertising. Over hours of testimony, my
fellow members of Congress struggled to grapple with
technologies used daily by most Americans and with the
functions of the Internet itself. Given an opportunity to
expose the most powerful businesses on Earth to sunlight and
scrutiny, the hearings did little to answer tough questions
about the tech titans' monopolies or the impact of their
platforms. It's not because lawmakers are too stupid to
understand Facebook. It's because our available resources and
our policy staffs, the brains of Congress, have been so
depleted that we can't do our jobs properly.
Americans who bemoan a broken Congress rightly focus on
ethical questions and electoral partisanship. But the tech
hearings demonstrated that our greatest deficiency may be
knowledge, not cooperation. Our founts of independent
information have been cut off, our investigatory muscles
atrophied, our committees stripped oftheir ability to develop
policy, our small staffs overwhelmed by the army of lobbyists
who roam Washington. Congress is increasingly unable to
comprehend a world growing more socially, economically and
technologically multifaceted--and we did this to ourselves.
When the 110th Congress opened in 2007, Democrats rode into
office on a tide of outrage at the George W. Bush
administration and the Republican Congress, which had looked
the other way during the Tom DeLay, Jack Abramoff and Duke
Cunningham scandals. My colleagues and I focused our energies
on exposing corruption. But we missed crucial
opportunities to reform the institution of Congress. As my
party assumes a new majority in the House, we confront
similar circumstances and have a second chance to begin the
hard work of nursing our chamber back to strength.
Our decay as an institution began in 1995, when
conservatives, led by then-Speaker Newt Gingrich (R-Ga.),
carried out a full-scale war on government. Gingrich began by
slashing the congressional workforce by one-third. He aimed
particular ire at Congress's brain, firing 1 of every 3
staffers at the Government Accountability Office, the
Congressional Research Service and the Congressional Budget
Office. He defunded the Office of Technology Assessment, a
tech-focused think tank. Social scientists have called those
moves Congress's self-lobotomy, and the cuts remain largely
unreversed.
Gingrich's actions didn't stop with Congress's mind: He
went for its arms and legs, too, as he dismantled the
committee system, taking power from chairmen and shifting it
to leadership. His successors as speaker have entrenched this
practice. While there was a 35 percent decline in committee
staffing from 1994 to 2014, funding over that period for
leadership staff rose 89 percent.
This imbalance has defanged many of our committees, as
bills originating in leadership offices and K Street suites
are forced through without analysis or alteration. Very
often, lawmakers never even see important legislation until
right before we vote on it. During the debate over the
Republicans' 2017 tax package, hours before the floor vote,
then-Sen. Claire McCaskill (D-Mo.) tweeted a lobbying firm's
summary of GOP amendments to the bill before she and her
colleagues had had a chance to read the legislation. A
similar process played out during the Republicans' other
signature effort of the last Congress, the failed repeal of
the Affordable Care Act. Their bill would have remade one-
sixth ofthe U.S. economy, but it was not subject to hearings
and was introduced just a few hours before being voted on in
the dead of night. This is what happens when legislation is
no longer grown organically through hearings and debate.
Congress does not have the resources to counter the growth
of corporate lobbying. Between 1980 and 2006, the number of
organizations in Washington with lobbying arms more than
doubled, and lobbying expenditures between 1983 and 2013
ballooned from $200 million to $3.2 billion. A stunning 2015
study found that corporations now devote more resources to
lobby Congress than Congress spends to fund itself. During
the 2017 fight over the tax legislation, the watchdog group
Public Citizen found that there were more than 6,200
registered tax lobbyists, vs. 130 aides on the Senate Finance
Committee and the Joint Committee on Taxation, a staggering
ratio approaching 50-to-1 disfavoring the American people. In
2016 in the House, there were just 1,300 aides on all
committees combined, a number that includes clerical and
communications workers. Our expert policy staffs are dwarfed
by the lobbying class.
The practical impact of this disparity is impossible to
overstate as lobbyists flood our offices with information on
issues and legislation--information on which many lawmakers
have become reliant. Just a few weeks ago, at the end of the
session, I witnessed the biennial tradition of departing
members of Congress relinquishing their suites to the
incoming class. As lawmakers emptied their desks and
cabinets, the office hallways were clogged with dumpsters
overflowing with reports, white papers, massaged data and
other materials, a perfect illustration of the proliferating
junk dropped off by lobbyists.
Congress remade its committees in the 1970s to challenge
Richard Nixon's presidency and move power to rank-and-file
lawmakers. Many segregationist chairmen were ousted and
replaced by reformers, and committees and subcommittees were
given flexibility to study issues under their purview. It's
no accident that some of the most significant legislation and
oversight by Congress--Title IX; the Clean Water Act; the
Watergate, Pike and Church hearings--came from this period.
Congress had strengthened its pillars, hired smart people and
accessed the best information available.
Following the reforms of the 1970s, the House held some
6,000 hearings per year. But eventually, the number of House
hearings fell--from a tick above 4,000 in 1994 to barely more
than 2,000 in 2014. On the tax-writing Ways and Means
Committee, of which I am a member, oversight hearings are
virtually nonexistent, as is developing legislation. We had
no hearings in 2017 on the bill that would dramatically
rewrite our tax code. And in the last Congress, we didn't
haul in any administration officials for a single public
hearing on the renegotiation ofthe North American Free Trade
Agreement. Assessing this state of affairs in a 2017 report,
the Congressional Management Foundation noted that committees
``have been meeting less often than at almost any other time
in recent history.'' This neglect has become the norm.
Instead, leadership, lobbyists and the White House decide how
to solve policy problems.
Indeed, Congress has allowed the White House to dominate
policymaking. Trade is a perfect illustration. Despite our
current president's braggadocio, most Americans would be
surprised to learn ultimate trade power rests with Congress.
But over and over we've willingly, even eagerly, handed off
that responsibility given to us by Article I, Section 8 of
the Constitution. President Trump's power to renegotiate
NAFTA was granted by Congress, as was his power to issue
tariffs, allowed under the Trade Expansion Act of 1962. I
disagreed with the decision in 2015 to give President Barack
Obama--a member of my own party--fast track power to advance
the Trans-Pacific Partnership. During that debate, I sat
stupefied as some members of our committee sought to award
not only Obama but also future, unknown executives an
extended and open-ended authority to make other deals.
Congress was prepared to simply abdicate our job.
Perhaps the most striking instance of political
interference I've seen in my career occurred in the Ways and
Means Committee in 2014. Then-Chairman Dave Camp (R-Mich.)
had toiled for months with Democrats, Republicans and budget
experts to craft a comprehensive tax reform bill. I may not
have loved the final product, but I respected the process.
Republican leadership killed the proposal almost immediately
after it was unveiled. The reason? They wanted to deny Obama
a legislative accomplishment.
For decades, nearly every piece of legislation would reach
the floor via committee, but beginning in the 1990s, the rate
began to drop. In the 113th Congress, approximately 40
percent of big-ticket legislation bypassed committees. Before
1994, Camp would have informed the speaker of his proposal
and brought it to the floor. Now, a chairman has much less
power to realize meaningful legislation. Meanwhile,
longstanding House rules have essentially blocked the
amendment process on the floor, meaning bills can't be
modified by members of the wider chamber.
In addition to committee weakness, House lawmakers
collectively employ fewer staffers today than they did in
1980. Between 1980 and 2016, when the U.S. population rose by
nearly 97 million people and districts grew by 40 percent on
average (about 200,000 people per seat), the number of aides
in House member offices decreased, to 6,880, and total House
staff increased less than 1 percent, to 9,420.
The first lobe of Congress's brain we can bulk back up is
the Congressional Research Service. The CRS provides studies
from talented experts spanning law, defense, trade, science,
industry and other realms. Some of our greatest oversight
triumphs--Watergate, Iran-contra, the Freedom of information
Act--were achieved with the CRS's support. Great nations
build libraries, and much of the CRS is housed in the Library
of Congress's Madison Building.
But the CRS has become a political target. In 2012, a CRS
report finding that tax cuts do not generate revenue enraged
my Republican colleagues, who had the report pulled and began
browbeating CRS experts. According to figures supplied by the
CRS, the next year, the service saw its funding cut by $5
million, nearly 5 percent, recovering to previous levels only
in 2015. (The CRS did get big funding bumps in recent years.)
The Congressional Budget Office and the Government
Accountability Office, crown jewels of our body that provide
nonpartisan budget projections, are similarly ignored or
maligned for partisan purposes. Last year, when the CBO
debunked claims that the GOP tax plan would create jobs,
Republicans savaged the agency instead of improving the law.
It reminded one of my colleagues, Rep. Jim Himes (D-Conn.),
of an episode of`The Simpsons'' in which Springfield
residents, rescued from a hurtling comet, resolve to raze the
town observatory.
The GAO also furnishes rich information to Congress on
virtually any subject. Last year I requested and obtained a
study on the live-events ticket market. It was a probing
report with fresh data. Former senator Tom Coburn (R-Okla.),
one of the most conservative lawmakers of the past
generation, praised the GAO, estimating that every dollar of
funding for the agency potentially saved Americans $90.
Nonetheless, from 1980 to 2015, GAO staffing was cut by one-
fifth. While I never had the pleasure of collaborating with
the Office of Technology Assessment, its reputation is
legendary. Like the GAO, it operated as a think tank for
Congress, tasked with studying science and technology issues.
The OTA was Congress's only agency solely conducting
scholarly work on these issues until Gingrich disemboweled
it. Today, few members of Congress know it ever existed. The
congressional hearings on big tech showcased my colleagues'
inability to wrap their heads around basic technologies. But
our challenges don't stop at Silicon Valley. Biomedical
research, CRISPR, space exploration, artificial intelligence,
election security, self-driving cars and, most pressingly,
climate change are also on Congress's plate.
And we are functioning like an abacus seeking to decipher
string theory. By one estimate, the federal government spends
$94 billion on information technology, while Congress spends
$0 on independent assessments of technology issues. We are
crying out for help to guide our thinking on these emerging
areas. I have backed motions to bring the OTA back to life,
and I was heartened last year when the House Appropriations
Committee approved funding for a study on the feasibility of
a new OTA.
The creation in the House rules of a Select Committee for
the Modernization of Congress in this new I session is a
terrific beginning--and a signal that Speaker Nancy Pelosi
(D-Calif.) and Rules Committee Chairman Jim McGovern (D-
Mass.) understand the importance of these issues. Providing
capital and staff to the institution should be a major
priority in the 116th Congress. The
budgets we approve fund 445 executive departments, agencies,
commissions and other federal bodies. But for every $3,000
the United States spends per American on government programs,
we allocate only $6 to oversee them.
After decades of disinvesting in itself, Congress has
become captured by outside interests and partisans. Lawmakers
should be guided by independent scholars, researchers and
policy specialists. We must recognize our difficulties in
comprehending an impossibly complex world. Undoing the
mindless destruction of 1994 will take a lot of effort, but
with investment, we can make Congress work again.