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How The 'Holman Rule' Allows The House To Fast-Track Proposals To Gut Government Programs Without Debate Or Much Thought At All

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Reinstituted rules in the U.S. House of Representatives allow members to fire federal staffers and cut programs. Kent Nishimura / Los Angeles Times via Getty Images

The slim Republican majority in the House of Representatives has just voted to give itself a streamlined way to fire civil servants and shut down federal programs it doesn’t like – outside the standard process of review and debate.

This method, known as the Holman rule, has been used in the past by both parties to cloak political decisions in the language and process of saving taxpayers money. It was included in a package of rules approved as the House began its business in January.

As a former acting general counsel of the U.S. House of Representatives and the author of a treatise on congressional procedure, I know that this method has been used in the past to push extreme political agendas through the political process without due consideration for the public interest. And it’s likely to happen again.

Florida Republican Rep. Kat Cammack spoke about the Holman rule’s adoption on the House floor in early January 2023, calling federal officials “unelected bureaucrats, the true, real swamp creatures here in D.C.,” saying they had “run roughshod over the American people without consequence.”

“Today marks our first move, and certainly not our last, to hold them accountable.”

Jacqueline Simon, public policy director of the American Federation of Government Employees, sees the Holman rule differently: “It goes around everything that protects the civil service from political corruption — not just federal employees but entire agencies. It is precisely for theater and to create chaos and disrupt the operation of federal agencies, including law enforcement agencies.”

The rule allows House members to transform the normal process of compiling appropriation bills – normally, lists of amounts of money to be spent – into vehicles to fire government employees and shut down programs they don’t like.

Anything is ripe for cutting with the Holman rule, from environmental protection agencies to government efforts for human rights to existing programs for addressing sales of semi-automatic weapons.

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Republican Rep. Kat Cammack says the Holman rule is needed because ‘unelected bureaucrats, the true, real swamp creatures here in D.C.,’ have ‘run roughshod over the American people.’
Tom Williams/CQ-Roll Call, Inc via Getty Images

Fast and furious

Normally, such cuts to staff or programs would have to go through an extensive review process, either to restructure or abolish programs.

That process includes initial drafting of a full-scale bill, subcommittee and full committee hearings and debates, testimony and evidence presented by the president’s administration, press coverage of these steps and adaptation of Congress members’ positions in light of that coverage. Then, votes are held on edits to the bill, known as markups, after which there is a separate committee vote on reporting the bill out to the full House, the drafting of committee report sections by supporters and opponents – and even more after that.

But Holman sidesteps that considered process.

It allows provisions for altering or abolishing programs to be offered to and made a part of appropriation bills, as long as the provision putatively saves money. Under Holman, individual House members offer amendments during full House consideration of a bill on the floor. As long as these amendments cut spending, they are considered proper.

For example, the Inflation Reduction Act of 2022 created a program to improve the technology infrastructure of the IRS and to hire more auditors to focus on the wealthy and corporations. Estimates are the program will cost US$80 billion over a decade. Proposed changes to that program in legislation that goes the normal route through many hearings might get bogged down in debate.

But under Holman, a critic of the program could just drop a change into the must-pass part of the appropriations bill that contains spending for Treasury Department operations and kill or alter the program. No one could stop that from happening unless they chose to vote against the entire appropriations bill, which funds that whole department of the government.

Similarly, the EPA proposes to strengthen regulations limiting the oil and gas industry’s methane emissions, a potent greenhouse gas. A House critic of the methane-control program could just pop into the appropriations bill containing spending on the EPA a Holman rule provision that either cuts the program head’s salary to $1 or terminates the program altogether.

Bipartisan tool – for a time

Historically, the Holman rule, named after Rep. William S. Holman of Indiana, wasn’t a tool of only the Republican Party. It was first developed in 1876 when a Democratic House majority faced a Republican president. I wrote about the history of the Holman rule in my book on congressional practice and procedure.

At the time, the Democratic Party held what would later be called the solid South (today, these areas are usually Republican) and sought to expel Yankee Reconstruction – and repeal the laws behind it. Democrats adopted the Holman Rule to get those repeals of law past President Grant.

The Holman rule could be, and was, put to diverse uses in its early days.

The Congressional Research Service says, “A broad initial construction of the rule by the House resulted in putting a great mass of general legislation upon the appropriation bills.”

The Holman rule was used from 1876 to 1895 and again from 1911 to 1983. It was brought back into use by the GOP in 2017. When Democrats took over the House in 2019, they dropped it.

In one notable attempt in 2017, House Republicans were angry about evaluations of proposed legislation by staff of the nonpartisan Budget Analysis Division of the Congressional Budget Office. So, they used the Holman rule to try to abolish that division and move its employees to another part of its parent agency, making the proposal in a wider budget allocation bill.

Holman allowed disgruntled Republicans to rush their proposal onto the House floor, instead of going through slower, more deliberative processes of examining whether the Budget Analysis Division was fulfilling its mission. The vote to eliminate the division failed, but, significantly, the use at that time of the Holman rule was promoted by the same faction of the Republican party, the Freedom Caucus, that has advocated for using the rule now.

Greasing the skids

There are a number of situations that could lead current House Republicans to use the Holman rule.

First, House Republican leaders may need to unify their party to pass controversial appropriation bills in the face of anticipated unanimous Democratic resistance. Allowing Holman amendments to be proposed by members with extreme views may get needed legislative support from the fringe of the caucus.

House passage of provisions to cut or wipe out programs and whole agencies has two effects. House Republicans can demoralize agency employees who do not know whether to take jobs elsewhere or stay. And House passage may presage passage by the whole Congress.

An attempt by the Senate Democratic majority to kill a House-passed Holman rule provision when it considers legislation sent over from the House would need 60 votes to move ahead. That would require votes from almost a dozen Republican members, which may not be possible to get.

An appropriations bill that contains Holman provisions would then go to conference, which is a temporary committee made up of House and Senate legislators and formed to reconcile differences in legislation passed by both chambers. Senate Democrats may go along, even with objectionable Holman or other provisions, to get buy-in from all the factions of the House Republican party needed for passage of the appropriations bill and avoidance of a government shutdown.

Which brings us full circle to where the Holman rule started, with the southern Democrats’ aim to force through House provisions that Republican President Ulysses S. Grant did not want.

Would President Joe Biden veto all the appropriation bills that have any Holman rule-passed provisions?

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Charles Tiefer does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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Public Radio Can Help Solve The Local News Crisis — But That Would Require Expanding Staff And Coverage

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Can public radio fill the hole left by the decline of local news outlets? Talaj/iStock / Getty Images Plus

Since 2005, more than 2,500 local newspapers, most of them weeklies, have closed, with more closures on the way.

Responses to the decline have ranged from luring billionaires to buy local dailies to encouraging digital startups. But the number of interested billionaires is limited, and many digital startups have struggled to generate the revenue and audience needed to survive.

The local news crisis is more than a problem of shuttered newsrooms and laid-off journalists. It’s also a democracy crisis. Communities that have lost their newspaper have seen a decline in voting rates, the sense of solidarity among community members, awareness of local affairs and government responsiveness.

Largely overlooked in the effort to save local news are the nation’s local public radio stations.

Among the reasons for that oversight is that radio operates in a crowded space. Unlike a local daily newspaper, which largely has the print market to itself, local public radio stations face competition from other stations. The widely held perception that public radio caters to the interests of people with higher income and education may also have kept it largely out of the conversation.

But as a scholar who studies media, I believe that local public radio should be part of the conversation about saving local news.

A newspaper called
Since 2005, more than 2,500 local newspapers have closed.
Don Farrell/Digital Vision/Getty Images

Advantages are trust, low cost and reach

There are reasons to believe that public radio can help fill the local news gap.

Trust in public broadcasting ranks above that of other major U.S. news outlets. Moreover, public radio production costs are relatively low – not as low as that of a digital startup, but far less than that of a newspaper or television station. And local public radio stations operate in every state and reach 98% of American homes, including those in news deserts – places that today no longer have a daily paper.

Finally, local public radio is no longer just radio. It has expanded into digital production and has the potential to expand further.

To assess local public radio’s potential for helping to fill the local information gap, I conducted an in-depth survey of National Public Radio’s 253 member stations.

The central finding of that study: Local public radio has a staffing problem. Stations have considerable potential but aren’t yet in a position to make it happen.

That’s not for lack of interest. Over 90% of the stations I surveyed said they want to play a larger role in meeting their community’s information needs. As one of our respondents said, “The need for the kind of journalism public media can provide grows more evident every day. The desire on the part of our newsrooms is strong.”

To take on a larger role, most stations would need to expand their undersized news staff.

Sixty percent of the local stations have 10 or fewer people on their news staff, and that’s by a generous definition of what constitutes staff. Respondents included in this count broadcast and digital reporters, editors, hosts, producers and others who contribute to local news and public affairs content in its various forms, as well as those who directly provide technical or other support to those staff members. In addition to full-time employees, stations were asked to include part-time employees and any students, interns or freelancers who contribute regularly.

The staffing problem is most acute in communities that have lost their newspaper or where local news gathering has been sharply cut back. Many of these communities were judged by the respondents to have a below-average income level, which limits the local station’s fundraising potential.

Although the staffing problem is more pronounced at stations in communities where local news is in short supply, staff size at nearly every station falls far short of even a moderate-sized daily newspaper.

The Des Moines Register, for example, has a daily circulation of 35,000 copies and a nearly 50-person newsroom – a staff larger than 95% of local public radio stations.

Limitations on potential

One consequence of the staffing problem is that local public radio is actually not all that “local.”

The survey found that in the 13-hour period from 6 a.m. to 7 p.m. on weekdays, only about two hours of locally produced news programming was carried on the average station, some of it in the form of talk shows and some of it as repeat programming. For stations with a news staff of 10 or fewer people, the daily average of locally produced news – even when including repeat programming – is barely more than one hour.

This is only one indicator of the limitations of an undersized newsroom.

Stations with a news staff of 10 or fewer people, for example, were only half as likely as those with more than 20 to have a reporter routinely assigned to cover local government. Some stations are so short of staff that they do not do any original reporting, relying entirely on other outlets, such as the local newspaper, for the stories they air.

A small news staff also means it’s hard to create content for the web, as illustrated by stations’ websites. The stations with 10 or fewer people in their newsroom were only half as likely as those with a staff size of more than 10 to feature local news on their homepage. A local station’s website cannot become the “go-to” place for residents seeking local news on demand if the station fails to provide it.

Lawn signs in different colors advertising local candidates.
Who covers local political races if a town’s newspaper has gone under?
AP Photo/Ryan J. Foley

The stakes for democracy

With more staff, local public radio stations could help fill the information gap created by the decline of local newspapers. They could afford to assign a reporter full time to cover local government bodies like city councils and school boards.

It would still be a challenge for stations in rural areas that include multiple communities, but that challenge is also one that newspapers in rural areas have always faced and have in the past found ways to manage.

With adequate staff, local stations could also make their programming truly “local,” which would broaden their audience appeal.

Programming created by NPR, PRX and other content providers accounts for much of the appeal of local stations. But it can be a handicap in areas where many potential listeners have values and interests that aren’t met by national programming and where the station offers little in the way of local coverage. As one respondent noted, stations must provide coverage “that reflects the entirety of their communities.”

How much new money would local stations require to expand their coverage? Based on our respondents’ estimates and a targeting of the funding for the communities most in need, roughly $150 million annually would be required.

Given that these communities tend also to be the ones in below-average income areas, the funding would have to come largely from outside sources. That won’t be easy, but it needs to get done. As the Knight Foundation’s Eric Newton noted, local news gives people the information they “need to run their communities and their lives.”

This story has been corrected to state the name of one of two content providers to public radio stations, PRX.

The Conversation

Thomas E. Patterson does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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Should The US Ban TikTok? Can It? A Cybersecurity Expert Explains The Risks The App Poses And The Challenges To Blocking It

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Is a wildly popular social media app a threat to the U.S.? AP Photo/Michael Dwyer

TikTok CEO Shou Zi Chew testified before the House Energy and Commerce Committee on March 23, 2023, amid a chorus of calls from members of Congress for the federal government to ban the Chinese-owned video social media app and reports that the Biden administration is pushing for the company’s sale.

The federal government, along with many state and foreign governments and some companies, has banned TikTok on work-provided phones. This type of ban can be effective for protecting data related to government work.

But a full ban of the app is another matter, which raises a number of questions: What data privacy risk does TikTok pose? What could the Chinese government do with data collected by the app? Is its content recommendation algorithm dangerous? And is it even possible to ban an app?

Governments around the world have been banning TikTok on government-issued phones.

Vacuuming up data

As a cybersecurity researcher, I’ve noted that every few years a new mobile app that becomes popular raises issues of security, privacy and data access.

Apps collect data for several reasons. Sometimes the data is used to improve the app for users. However, most apps collect data that the companies use in part to fund their operations. This revenue typically comes from targeting users with ads based on the data they collect. The questions this use of data raises are: Does the app need all this data? What does it do with the data? And how does it protect the data from others?

So what makes TikTok different from the likes of Pokemon-GO, Facebook or even your phone itself? TikTok’s privacy policy, which few people read, is a good place to start. Overall, the company is not particularly transparent about its practices. The document is too long to list here all the data it collects, which should be a warning.

There are a few items of interest in TikTok’s privacy policy besides the information you give them when you create an account – name, age, username, password, language, email, phone number, social media account information and profile image – that are concerning. This information includes location data, data from your clipboard, contact information, website tracking, plus all data you post and messages you send through the app. The company claims that current versions of the app do not collect GPS information from U.S. users. There has been speculation that TikTok is collecting other information, but that is hard to prove.

If most apps collect data, why is the U.S. government worried about TikTok? First, they worry about the Chinese government accessing data from its 150 million users in the U.S. There is also a concern about the algorithms used by TikTok to show content.

Data in the Chinese government’s hands

If the data does end up in the hands of the Chinese government, the question is how could it use the data to its benefit. The government could share it with other companies in China to help them profit, which is no different than U.S. companies sharing marketing data. The Chinese government is known for playing the long game, and data is power, so if it is collecting data, it could take years to learn how it benefits China.

One potential threat is the Chinese government using the data to spy on people, particularly people who have access to valuable information. The Justice Department is investigating TikTok’s parent company, ByteDance, for using the app to monitor U.S. journalists. The Chinese government has an extensive history of hacking U.S. government agencies and corporations, and much of that hacking has been facilitated by social engineering – the practice of using data about people to trick them into revealing more information.

The second issue that the U.S. government has raised is algorithm bias or algorithm manipulation. TikTok and most social media apps have algorithms designed to learn a user’s interests and then try to adjust the content so the user will continue to use the app. TikTok has not shared its algorithm, so it’s not clear how the app chooses a user’s content.

The algorithm could be biased in a way that influences a population to believe certain things. There are numerous allegations that TiKTok’s algorithm is biased and can reinforce negative thoughts among younger users, and be used to affect public opinion. It could be that the algorithm’s manipulative behavior is unintentional, but there is concern that the Chinese government has been using or could use the algorithm to influence people.

TikTok’s algorithm for serving you videos has also become a source of concern.

Can the government ban an app?

If the federal government comes to the conclusion that TikTok should be banned, is it even possible to ban it for all of its 150 million existing users? Any such ban would likely start with blocking the distribution of the app through Apple’s and Google’s app stores. This might keep many users off the platform, but there are other ways to download and install apps for people who are determined to use them.

A more drastic method would be to force Apple and Google to change their phones to prevent TikTok from running. While I’m not a lawyer, I think this effort would fail due to legal challenges, which include First Amendment concerns. The bottom line is that an absolute ban will be tough to enforce.

There are also questions about how effective a ban would be even if it were possible. By some estimates, the Chinese government has already collected personal information on at least 80% of the U.S. population via various means. So a ban might limit the damage going forward to some degree, but the Chinese government has already collected a significant amount of data. The Chinese government also has access – along with anyone else with money – to the large market for personal data, which fuels calls for stronger data privacy rules.

Are you at risk?

So as an average user, should you worry? Again, it is unclear what data ByteDance is collecting and if it can harm an individual. I believe the most significant risks are to people in power, whether it is political power or within a company. Their data and information could be used to gain access to other data or potentially compromise the organizations they are associated with.

The aspect of TikTok I find most concerning is the algorithm that decides what videos users see and how it can affect vulnerable groups, particularly young people. Independent of a ban, families should have conversions about TikTok and other social media platforms and how they can be detrimental to mental health. These conversations should focus on how to determine if the app is leading you down an unhealthy path.

This article has been updated to indicate that TikTok CEO Shou Zi Chew testified before Congress on March 23, 2023.

The Conversation

Doug Jacobson does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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In Congress, Breaking Unwritten Rules That Encouraged Civility And Enabled Things To Get Done Is Becoming The New Normal

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Speaker Kevin McCarthy at a news conference on Capitol Hill. Kent Nishimura/Los Angeles Times via Getty Images

When House Speaker Kevin McCarthy ordered an investigation into the Manhattan district attorney’s ongoing criminal probe of former President Donald Trump, he broke with House practices and norms.

And the three committee chairmen McCarthy tasked with investigating may be stepping outside of federal jurisdiction by attempting to investigate a county prosecutor.

As a scholar of the legislative branch, I study how its practices and procedures have changed over time. This move is just one in a growing list of norm-breaking events that have colored how the House, during the 118th Congress, conducts business.

When McCarthy gave government-owned footage of the Jan. 6th insurrection to a single media outlet, he broke a long-standing congressional norm of releasing government information to media outlets broadly.

When multiple, unrepentent Republican representatives heckled Democratic President Joe Biden during his February 2023 State of the Union address, they broke behavioral norms for the occasion. The last person who heckled a sitting president during the State of the Union was Rep. Joe Wilson, of South Carolina, in 2009 when President Obama addressed a joint session of Congress. Wilson apologized.

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U.S. Rep. Marjorie Taylor Greene and other Republican members of Congress react during President Joe Biden’s 2023 State of the Union address.
Jim Watson/AFP via Getty Images

118th Congress broke norms from the start

Even before this session of Congress began in January 2023, Republicans members of the House broke a norm by forcing 15 ballots over four days before voting to make McCarthy speaker. The last Speaker vote that required multiple ballots was in 1923 when it took nine.

But when McCarthy denied seats on the House Intelligence Committee to Democratic Reps. Adam Schiff, who once chaired the committee, and Eric Swalwell, both of California, he went much further. Historically, both parties have tended to avoid politicizing national security. Removing members with the kind of institutional knowledge Schiff and Swalwell possess could have serious consequences for the effective operation of the committee.

The House also voted to remove Rep. Ilhan Omar, another Democrat, from the House’s Foreign Affairs Committee.

In the House, Republican and Democratic leadership are traditionally in control of which members they submit for committee assignments. Despite this norm, McCarthy refused to allow Schiff or Swalwell a seat on the Intelligence Committee after Minority Leader Hakeem Jeffries put their names forward.

Accusing Reps. Swalwell and Schiff of misusing the panel during the previous two Congresses, McCarthy said he was denying the two representatives seats on the committee for national security reasons. And he forced a floor vote to oust Omar for her antisemitic comments, even though she apologized.

Standing before a podium, a woman speaks as two men, with their hands clasped, watch.
U.S. Reps. Ilhan Omar (center), Eric Swalwell (left) and Adam Schiff speak at a press conference about congressional committee assignments.
Kevin Dietsch via Getty Images News

House Democrats maintain McCarthy’s move was political payback because the House, under former Speaker Nancy Pelosi, a Democrat, had voted to remove Republican Reps. Marjorie Taylor Greene and Paul Gosar from their committees over incendiary comments the two made. Some of their remarks included threats of violence against members of the House.

That was not the first time Pelosi denied the Republican minority leader his choice of committee appointments. During the 117th Congress, when she and House Democratic leadership were populating the Jan. 6 committee to investigate the Capitol insurrection, McCarthy wanted to seat two known Trump loyalists: Reps. Jim Banks of Indiana and Jim Jordan of Ohio. Pelosi rejected them.

When norms are ignored

Traditionally, if a member of Congress committed an offense that did not rise to the level of an ethics investigation, their leadership would decide how to punish them. That was the case in 2019, when then-Minority Leader McCarthy stripped now former Iowa Rep. Steven King of his committee assignments, citing King’s racist comments.

But McCarthy did not punish Greene – Pelosi did.

At the time, Republicans warned Pelosi she was setting a precedent – or new norm – of the majority party in the House determining committee assignments for the minority party.

“If this is the new standard, I look forward to continuing out the standard,” McCarthy said.

The norms of governance in the House provide stability and clarity regarding what type of behavior is and is not allowed among members. But when those norms are broken, a series of devolving consequences can follow.

Partisan fights pay

Republican members of Congress attacking Democrats and Democratic members of Congress attacking Republicans has long been a way for elected officials to grab voters’ attention. But the divisive rhetoric and deeply partisan behavior of officeholders over the past few decades has only pushed the two parties farther apart, particularly during the 2000s.

During that period, it became clear that politicians who whipped up their bases by using the politics of outrage could score political points and replenish their political coffers at the same time. That realization has changed the political calculus.

Today, donors reward shocking behavior. Sen. Josh Hawley, of Missouri, for example, raised US$3 million after he voted to block the presidential election results on Jan. 6, 2021.

Greene raised $3.2 million after only three months in office when news broke that she embraced conspiracy theories and previously threatened violence against Democratic politicians. Perhaps seeking similar results, when McCarthy kicked Schiff off the House Intelligence Committee, Schiff went on TikTok to announce his candidacy for the Senate.

Whether this extreme behavior by elected officials is motivated by political one-upmanship or money, or both, Americans are watching, and many don’t approve of the behavior. A February Gallup Poll has approval of Congress hovering around 18%.

The Conversation

Sarah Burns receives funding from the Institute for Humane Studies and she is a non-resident fellow at The Quincy Institute.

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