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Recess Appointments

The U.S. Constitution

Recess appointments trace their origins to Article II, Section 2, Clause 3 of the Constitution. This allows the President to temporarily fill vacancies when the Senate is not scheduled to be in session for a specific period of time. Congress met infrequently during the early days of the Republic, sometimes only once a year, and travel to the capital was arduous and time-consuming. This clause was a practical solution, ensuring the government could continue functioning by empowering the President to fill critical roles even when the Senate was unavailable to confirm nominees. Appointees would often serve until the end of the next Senate session, which are currently one year in length (i.e., we are in the second session of the 118th Congress, which runs from January 3, 2024 through January 3, 2025, after which the first session of the new 119th Congress will commence). READ MORE

Presidential Certification Process

Congress

A series of actions that must occur between Election Day and Inauguration Day to codify the results of the election for president and vice president. READ MORE

OIRA

U.S. Congress capital building

A branch of the Office of Management and Budget (OMB) within the Executive Office of the President that is tasked with reviewing drafts of proposed and final regulations. READ MORE

Strike the Last Word

Capitol dome - side view

A debate procedure used in Congress allowing any member five minutes to speak on an amendment under consideration. READ MORE

Senate Leader

U.S. Congress capital building

Each party’s chief spokesperson and coordinator of legislative strategies and priorities in the Senate. READ MORE

Negotiated Rulemaking

Congress

An administrative process used by the Executive Branch and its federal agencies during which a proposed rule is debated and developed by relevant interest groups and agency representatives. READ MORE

Congressional Caucus

Congress

A voluntary membership organization in Congress centering around a particular issue or cause. READ MORE

Presidential Succession

Congress

The order in which government leaders are tasked with performing the duties of the president if the incumbent cannot carry out the office’s responsibilities. READ MORE

Magic Minute

U.S. Capital building at dusk

A procedural rule that allows leadership of both the majority and minority parties in the House of Representatives to have unlimited speaking time at the end of debate. READ MORE

Executive Session

U.S. Capital building at dusk

A special parliamentary period when the Senate provides its prerogative on treaties, nominations, and other business. READ MORE

Clerk of the House

U.S. Capital building at dusk

An officer of the House of Representatives responsible for recordkeeping, correspondence, tracking floor proceedings, and managing the offices and staff of deceased or retiring members. READ MORE

302(b) Allocations

piggy bank

The appropriations suballocation (or budget cap) issued to each of the 12 congressional appropriations subcommittees, usually following the passage of a concurrent budget resolution. READ MORE

Point of Order

U.S. Congress capital building

A point of order is a parliamentary rule designed to ensure members of Congress follow the rules of their chamber and behave with decorum during House or Senate proceedings. It was introduced to the legislative process in a rules manual authored by Thomas Jefferson during his time as vice president, which was later adopted as the official rulebook for the House in 1837. READ MORE

Statement of Administration Policy

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Statements of Administration Policy (SAPs) are produced by the Office of Management and Budget (OMB), which is part of the Executive Office of the President at the White House. SAPs provide either an endorsement of or objection to particular legislation and, if in the latter category, can be accompanied by a veto threat. Not every bill garners a SAP. READ MORE

Discretionary Spending

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Federal government spending can be broken down into two broad categories: mandatory and discretionary. Mandatory spending does not require an annual vote by Congress and is dictated by prior law. Discretionary spending, however, is subject to the annual appropriations process and includes funding for essential federal programs like national defense, social services, highways, and foreign aid, to name just a few. READ MORE

Motion to Vacate

Illustration of a foot kicking a small person out of view

A motion to vacate is a congressional procedure by which members of the House of Representatives can submit a request for the presiding officer to step down. READ MORE

Discharge Petition

close-up-of-secretarys-hands-doing-paperwork_15191063772_o

Legislation can follow a standard trajectory to becoming a law: the bill is introduced by a member of Congress, assigned to a committee for debate and amendment, and if it is approved by that committee and supported by the leadership of the majority party, it is placed on the House or Senate calendar to be debated, amended, and voted upon by the full chamber. READ MORE

Committee System

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Standing committees have been a mainstay since the First Congress. They are permanent panels in both chambers that conduct investigations, consider legislation, oversee the Executive and Judicial branches, and, in the Senate, confirm Presidential nominees. But how exactly do members get seated on these panels? READ MORE

Referendum

Illustration of voters submitting ballots

Referendums (or citizen initiatives) have a long history in American politics and even pre-date the founding of the Republic. In 1775, Thomas Jefferson proposed the inclusion a mechanism for referendums in the Virginia state constitution, which was ultimately rejected. The concept then languished until the rise of the early Populist movement in the late 19th century. READ MORE

Question for the Record (QFR)

A photo of a courtroom with red wood furniture from the aisle

When limited hearing time and complex issues intersect, questions for the record – also known as QFRs – can be the best opportunity for organizations to raise an issue in a constructive manner and gather further information. Well-crafted questions for the record may elicit nuanced and detailed responses, especially from federal agencies, that would otherwise be difficult to obtain during a verbal back-and-forth in a hearing. READ MORE

Compromise and Settlement Authority

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The Biden Administration has been reviewing options to address a nearly $2 trillion problem facing Americans: student loan debt. Since taking office, the Biden Administration has extended the pandemic-era pause on federal student loan payments, canceled billions in student loans for borrowers with total and permanent disabilities, expanded the Public Service Loan Forgiveness (PSLF) program, and is expected to issue billions in borrower defense repayments. READ MORE

Select Committee

Business People

Much of Congress’s legislative work is conducted at the committee level. From oversight and nominations hearings to marking up and reporting legislation to the floor for consideration, committees are one of the fundamental cogs in the wheels of our democratic process. The House and Senate form their own committees at the beginning of each Congress; some of these are permanent (e.g., the Appropriations Committees), and some are “select.” READ MORE

Offsets

Illustration of four hands pulling at a dollar

An offset is a maneuver that attempts to ensure revenue-neutral taxing or spending in Congress. READ MORE

Earmarks (Community Project Funding)

Pile of hundred dollar bills

At this time last year, we wrote about the return of earmarks to Congress after a decade-long ban. Earmarks are appropriated funds that are allocated to a specific entity or initiative in a member of Congress’s state or district. READ MORE

Sanctions

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We have all watched for the past few weeks as tensions between Ukraine and Russia have mounted, culminating in an unprovoked invasion of Ukraine by the Russian Federation. As the US has debated its response, one word has threaded itself into seemingly every scenario: sanctions. This month, we take a step back and explain what sanctions are and who in government has authority over them. READ MORE

Omnibus

Capitol at night

The word “omnibus” is Latin for “for all” or “everybody.” It has a similar meaning in modern American politics: today, an omnibus bill refers to a single bill that packages together multiple policy proposals. The most common omnibus bills are appropriations bills, where lawmakers assemble most or all twelve government funding bills into a massive spending package. READ MORE

Government Accountability Office

Calculator and money

The Government Accountability Office (GAO) is an independent, non-partisan agency that works for Congress and is accordingly part of the Legislative Branch. Congress created the GAO in 1921 under the Budget and Accounting Act to oversee government spending. The agency’s responsibilities grew after World War II as government programs expanded. READ MORE

Congressional Calendar

Year

The congressional calendar, like most business on Capitol Hill, is full of technicalities and shaped by Congress’s history. The congressional schedule from the Republic’s early decades looks much different than the one Congress follows today. READ MORE

Four Corners

U.S. Capital building at dusk

In Congress, legislation has a few different paths to becoming a law. One or more members of Congress can champion an issue that moves through the legislative process in the traditional way (i.e., regular order). With large bills, negotiations often begin or conclude among the “four corners.” The four corners can refer to one of two groups: the House Speaker, House Minority Leader, Senate Majority Leader, and Senate Minority Leader; or the House and Senate chairs and ranking members of a certain committee or subcommittee. READ MORE

Colloquy

close-up-of-secretarys-hands-doing-paperwork_15191063772_o

A colloquy is a scripted conversation on the House or Senate floor between one or more members of Congress, oftentimes including the chair or ranking member of a committee or subcommittee of jurisdiction. Colloquies are used to debate, draw attention to, or clarify the legislative intent behind a pending provision. READ MORE

Committee of Jurisdiction

Pile of hundred dollar bills

Federal legislation falls into one of two categories: authorizations, which details the policies and funding levels of federal programs; and appropriations, which provides the actual funding for those activities. While appropriations legislation is referred to the House or Senate Appropriations Committee, authorization legislation can be referred to one of over 20 committees in each chamber. READ MORE

Dynamic Scoring

Calculator and money

Congress’s multi-step budget process begins with a budget resolution. The resolution is a nonbinding agreement between the House and Senate on the budget framework for that year The nonpartisan nature of these bodies was complicated in 2015 when House Republicans adopted a rule that required the CBO to use a method called “dynamic scoring.” READ MORE

Debt Ceiling

Pile of hundred dollar bills

In this month's Wonkology, our Lobbying & Policy team discuss the congressionally set limit on the amount of money the federal government can borrow. READ MORE

Conference Chair

Ben Grove June 2, 2021
U.S. capitol dome

In this month's Wonkology, our Lobbying & Policy team discuss the House Democratic and Republican leaders who oversee their caucus’ messaging, meetings, and organization. READ MORE

Senate Parliamentarian

Jack Jacobson May 5, 2021
U.S. Capital building at dusk

In this month's Wonkology, our Lobbying & Policy team discuss the nonpartisan official in charge of interpreting Senate rules regarding floor procedures and legislation. READ MORE

Community Project Funding (Earmarks)

Ben Grove April 7, 2021
two arms carving up piles of money - one is Uncle Sam

In this month's Wonkology, our Lobbying & Policy team discuss Community Project Funding and how it benefits a member of Congress's district. READ MORE

Budget Reconciliation

An illustration of two hands exchanging money for a contract

In this month's Wonkology, our Lobbying & Policy team takes a look at budget reconciliation and how the process can be used to expedite the passage of budget-related legislation. READ MORE

Acting Secretary

cartoon of person standing in too-large shoes

Under the Federal Vacancies Act, a government employee can temporarily assume an agency position without being confirmed. But the Act limits who can serve as an acting secretary and for how long they can serve in that capacity. READ MORE

Presidential Transition Act

White House

In this month's Wonkology, we discuss the federal statute that governs the presidential transition process: the Presidential Transition Act. READ MORE

Presidential Electors

Capitol at night

In this month’s Wonkology, we discuss Presidential Electors, the individuals selected to vote for president and vice president in the Electoral College. READ MORE

Filibuster

Congress

In this month's Wonkology, we examine the filibuster and it's use in the Senate to prevent or delay a measure from coming to a vote. READ MORE

Congressional Review Act

U.S. Capital building at dusk

In this month's Wonkology, we discuss a process that allows Congress to nullify a federal agency regulation by submitting a joint resolution of disapproval for the president to sign. READ MORE

Legislative Day

U.S. capitol dome

In this month's Wonkology, we discuss the a legislative day, a period of time that begins when a chamber of Congress gavels into session and ends when the chamber formally adjourns. READ MORE

Unanimous Consent

Cherry blossoms leaning over reflecting pool near Jefferson Memorial

In this edition of Wonkology, we discuss the parliamentary tool that allows for the expedited passage of legislation by common agreement. READ MORE

Pro Forma Session

U.S. Capitol

A pro forma session is a brief congressional session that extends a current session to avoid a formal recess. READ MORE

Vote-a-rama

Illustration of voters submitting ballots

The Senate has another practice that both speeds up deliberation and establishes a more fulsome legislative record: vote-a-rama. A vote-a-rama is when senators vote on 15 or more amendments back-to-back, marathon style. READ MORE

Proxy Voting

Summer Associates

For certain types of congressional business, in-person voting is not required, and members can vote by proxy. Voting by proxy allows one member to specifically designate another member to cast a vote on their behalf. READ MORE

Supplemental Appropriations - COVID-19 Edition

Pile of hundred dollar bills

This month, we explore Supplemental Appropriations, Federal spending allocated outside of the regular appropriations process. READ MORE

Byrd Rule

U.S. Capital building at dusk

What is the Byrd Rule? A rule that prevents extraneous provisions from being included in reconciliation bills. READ MORE

Suspension of the Rules

Congress

In this month's Wonkology, we discuss instances when Congress suspends the typical rules that govern legislation so bipartisan bills can forward more quickly. READ MORE

Chairman's Mark

Ben Grove Jack Jacobson November 6, 2019
WhiteHouseBlog

In this month's Wonkology, we discuss the first draft of legislation introduced by the chair of a committee or subcommittee to be considered at a markup. READ MORE

Anomalies

Calculator and money

In this month's Wonkology, we discuss anomalies - provisions in a continuing resolution that can change the duration, amount, or purpose of appropriated funds. READ MORE

Engrossed vs. Enrolled

Signing Documents

In this month's Wonkology, we discuss the differences between engrossed bills and enrolled bills. READ MORE

Manager's Amendment

Capitol at night

What is a manager's amendment? A package of amendments introduced by the chair or lead sponsor of a piece of legislation. READ MORE

Deem and Pass

money_gavel_650x510

What is Deem and Pass? A process in the House of Representatives that allows for the passage of legislation by voting on a rule - and not the actual bill. READ MORE

Sequestration

Pile of hundred dollar bills

In this month's Wonkology, we discuss how Congress can use sequestration to control their budget and deficit. READ MORE

Gephardt Rule

Rolled U.S. dollars arranged to appear like a bar graph

What is the Gephardt Rule? A House rule that automatically raises the debt limit without holding a separate vote. READ MORE

PAYGO

two arms carving up piles of money - one is Uncle Sam

In this Wonkology, we take a look at PAYGO - the budget rule that requires revenue-neutral taxing or spending. READ MORE

Reprogramming of Funds

Illustration of four hands pulling at a dollar

How does can the Executive Branch move funds without Congressional approval? Find out in this month's Wonkology. READ MORE

President Pro Tempore

The U.S. Constitution

Who is the President Pro Tempore, and what are their duties? Find out in this month's Wonkology! READ MORE

Toss Up

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Happy Election Day! In this Wonkology, we discuss what it means when an election is described as a toss up. READ MORE

Wave Election

Christopher Murray Ben Grove September 13, 2018
An ocean wave

In this month's Wonkology, we discuss what defines a "wave election" and their significance in Congress. READ MORE

Government Shutdown

A stop line on a wet road

How does a government shutdown happen? Find out in this month's Wonkology, from our Lobbying & Policy team. READ MORE

Rescission

An illustration of two hands exchanging money for a contract

What is rescission? The elimination or reduction in appropriations by the President, contingent upon congressional approval. READ MORE

Franking Privilege

An illustration of envelopes flooding into a mailbox

In this month's Wonkology, we discuss franking privileges, the authority granted by Congress to itself to send mail to constituents free of charge. READ MORE

The Vacancies Act

U.S. Capitol

The Vacancies Act allows government employees who were not appointed to a federal position requiring the advice and consent of the Senate to perform the functions of that office on a temporary - or "acting" - basis. READ MORE

Blue Slip (House)

Illustration of four hands pulling at a dollar

In our second installment on Blue Slips, we discuss how the House can return Senate-oriented legislation violating the House's revenue-raising authority. READ MORE

Blue Slip (Senate)

U.S. Capital building at dusk

In the first part of our series on Blue Slips, we're discussing Senate slips - an informal courtesy by which senators signal approval for home state judicial nominees prior to consideration by the Judiciary Committee. READ MORE

Joint Committee on Taxation

tax forms

What is the Joint Committee on Taxation? Find out in this month's edition of Wonkology, from our Lobbying & Policy team. READ MORE

Supplemental Appropriations

gavel with money

In this month's Wonkology, we discuss how the federal government can allocate spending outside of the regular appropriations cycle due to emergencies. READ MORE

Congressional Budget Office

Calculator and money

What is the Congressional Budget Agency? A nonpartisan legislative branch agency that provides independent economic analysis of proposed legislation. READ MORE

Special Counsel

A photo of a courtroom with red wood furniture from the aisle

In this month's Wonkology, we discuss the role of the Special Counsel in an internal investigation. READ MORE

Policy Rider

close-up-of-secretarys-hands-doing-paperwork_15191063772_o

Policy riders are provisions added to an appropriations bill that directs or limits how the Executive Branch spends funds. READ MORE

Nuclear Option

Nuclear cooling tours and energy plant next to a river

What is the "nuclear option" in the Senate? Find out in this month's Wonkology from our Lobbying & Policy team! READ MORE

Extraordinary Measures

two arms carving up piles of money - one is Uncle Sam

Using extraordinary measures, how does the Secretary of the Treasury ensure the federal government stay under its debt limit? Find out in this month's Wonkology. READ MORE

Congressional Review Act (CRA)

U.S. Capital building at dusk

The Congressional Review Act allows Congress to overturn agency regulations by passing a joint resolution of disapproval, which then must be signed by the president. READ MORE

Advice and Consent

WhiteHouseBlog

In this Wonkology, we discuss Article II of the Constitution, which requires the President to seek the "advice and consent" of the Senate for nominees to the Executive and Judicial Branches. READ MORE

First Day of Congress

U.S. capitol dome

In this month's Wonkology, we discuss what happens on the first day of Congress. READ MORE

Lame Duck

WhiteHouseBlog

What is the "lame duck" session in congress? Find out in this month's Wonkology, from our Lobbying & Policy team! READ MORE

Election Day

Illustration of voters submitting ballots

Today is Election Day, but why is that? Learn more about the history of Election Day in this month's Wonkology from our Lobbying & Policy team. READ MORE

Electoral College

2014-midterm-elections---higher-education_15457763027_o

In this month's Wonkology, we discuss the Electoral College and how it developed over time despite not appearing in the Constitution. READ MORE

Likely Voters

Illustration of voters submitting ballots

Who are "likely voters?" A group of individuals identified in a polling sample that are most likely to vote on election day. READ MORE

Polling

Capitol at night

In this month's Wonkology, we explore the origins and role of public polling in election cycles. READ MORE

Vice Presidential Vetting

U.S. Congress capital building

In this month's Wonkology, we discuss the process by which prospective vice presidential candidates undergo a thorough evaluation prior to being selected to serve on a presidential ticket. READ MORE

Presumptive Nominee

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In this month's Wonkology, we discuss what it means when a presidential candidate is assured of their party's nomination but has not yet been formally nominated at a party convention. READ MORE

Democratic Delegate

Cherry blossoms leaning over reflecting pool near Jefferson Memorial

Similar to their Republican counterparts, Democratic delegates are generally selected through a primary or caucus. The Democrats, however, allocate delegates proportionally in all states, as opposed to the mix of proportional allocation and "winner-take-all" approach in Republican contests. READ MORE

Republican Delegate

Cherry blossoms leaning over reflecting pool near Jefferson Memorial

Prior to 1972, state party bosses had the ability to control and manipulate delegates to the national convention. To secure the nomination, presidential campaigns struck deals with these leaders to swing delegates in their favor. READ MORE

Thurmond Rule

Cherry blossoms leaning over reflecting pool near Jefferson Memorial

According to the Appointments Clause of the Constitution, the President shall nominate Supreme Court justices with the "advice and consent" of the Senate. Every Supreme Court nominee in US history received a vote by the Senate within 125 calendar days. READ MORE

Natural Born

Ken Salomon Ben Grove February 16, 2016
Cherry blossoms leaning over reflecting pool near Jefferson Memorial

According to Article II of the Constitution, a person "shall be eligible to the Office of President" if they are 35 years old, a resident of the United States for 14 years, and a "natural born" citizen. READ MORE

Caucus

Ben Grove Ken Salomon January 4, 2016
Cherry blossoms leaning over reflecting pool near Jefferson Memorial

The origin of the word "caucus" is disputed. It has been suggested that it is either an Algonquin word meaning "to consult or to speak" or even a variation of "caulkers," which were revolutionary-era assemblies of shipwrights in Boston. READ MORE

Continuing Resolution

Ken Salomon Ben Grove September 1, 2015
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A continuing resolution (CR) is a short-term appropriations bill that serves as a stop-gap to prevent a full or partial government shutdown. CRs extend all federal government discretionary spending not already approved by regular appropriations bills (and signed into law) by the beginning of the next federal fiscal year (October 1). READ MORE

Conferee

Ben Grove Ken Salomon July 15, 2015
Capitol at night

In this month's Wonkology, we discuss a Representative or Senator appointed by his or her respective chamber to a conference committee tasked with resolving differences on competing versions of legislation. READ MORE

Cloture

Cherry blossoms leaning over reflecting pool near Jefferson Memorial

In this month's Wonkology, our Lobbying & Policy team discuss the Senate process that brings debate on a measure, like a filibuster, to a close. READ MORE

302(b) Allocations

gavel with money

In this month's Wonkology, we discuss the budget cap issued to each of the 12 congressional appropriations subcommittees following the passage of a concurrent budget resolution. READ MORE

Queen of the Hill

Ken Salomon Ben Grove April 8, 2015
U.S. Capital building at dusk

Queen of the Hill was formed out of the House's King of the Hill rule, itself originally created in 1971. King of the Hill, now out of common use, deemed that the last amendment in a series to secure a majority vote would be considered the prevailing amendment; even if another amendment received a higher vote tally, the last amendment to receive the majority vote would be the amendment considered adopted. READ MORE

Reconciliation

U.S. Capital building at dusk

A budgetary process by which Congress is able to pass legislation in an expedited manner in order to bring mandatory entitlement spending levels in line with the current budget resolution. READ MORE

President's Budget of the United States Government

Jack Jacobson Ken Salomon February 5, 2015
Pile of hundred dollar bills

The President's Budget is the budget proposed by the President for the three branches of the federal government, submitted to Congress by the first Monday in February prior to the start of the next federal fiscal year. READ MORE

State of the Union

U.S. Capitol

In this month's Wonkology, our Lobbying & Policy team discuss the State of the Union address and it's origins. READ MORE

Executive Order

The U.S. Constitution

In this month's Wonkology, our Lobbying & Policy team discuss executive orders, which began in 1907 by the State Department. READ MORE

Senate Tie

Jack Jacobson Ben Grove November 3, 2014
U.S. Capitol

What happens in the event of a Senate Tie? Find out in this month's Wonkology! READ MORE