Posted: 2:59 pm PT
House Republicans this week reinstated an arcane procedural rule that enables lawmakers to reach deep into the budget and slash the pay of an individual federal worker — down to a $1 — a move that threatens to upend the 130-year-old civil service.
The Holman Rule, named after an Indiana congressman who devised it in 1876, empowers any member of Congress to offer an amendment to an appropriations bill that targets a specific government employee or program.
A majority of the House and the Senate would still have to approve any such amendment, but opponents and supporters agree that it puts agencies and the public on notice that their work is now vulnerable to the whims of elected officials.
Via Federal News Radio:
The House of Representatives voted on party lines and approved the rules package for the 115th Congress. It reinstates the “Holman Rule,” a little-known provision that allows lawmakers to bring an amendment on an appropriations bill to the House floor that may “retrench” agency spending, reduce the number of federal employees in a particular agency or cut the salary or “compensation of any person paid out of the Treasury of the United States.”
Excerpt from the GOP Rules Package from January 3, 2017:
Holman Rule – A new standing order for the first session of the 115th Congress reinstates the “Holman Rule”, most of which was removed from the standing rules in 1983. The standing order functions as an exception to clause 2 of rule XXI to allow provisions changing law in certain limited circumstances. Under this order, a provision in a general appropriation bill or an amendment thereto may contain legislation to retrench expenditures by (1) reducing amounts of money in the bill, (2) reducing the number of salaries of Federal employees, or (3) reducing the compensation of any person paid by the Treasury. To qualify for treatment under this order, an amendment must be offered after the reading of the bill and must comply with all applicable rules of the House, such as germaneness. The purpose of this provision is to see if the reinstatement of the Holman rule will provide Members with additional tools to reduce spending during consideration of the regular general appropriation bill.
FreedomWorks which praised the inclusion of the “Holman Rule” in the rules package that passed the House of Representatives by a vote of 234 to 193 says:
The provision, which is effective only for the first session of the 115th Congress, allows Members to introduce amendments to appropriations bills on the floor of the lower chamber to reduce the size of a federal agency’s workforce or adjust compensation for certain federal employees, who, according to a 2015 study by the Cato Institute, earn an average of 78 percent more than workers in the private sector.
The group also puts out a backgrounder for the Holman Rule, which we are not acquainted of, until today:
Named after Rep. William Holman (D-Ind.), the “Holman Rule” was first adopted by the House in 1876. Holman, a member of the House Appropriations Committee and a fierce opponent of federal spending, introduced the amendment to reduce extraneous spending. The Holman Rule was part of the House rules from 1876 until 1895. It was adopted again as part of the rules in 1911 and survived intact until 1983, when Democrats, who had the majority in the House, nixed it.
Some House Democrats complained about the reinstatement of the Holman Rule prior to the vote on the rules package, foolishly suggesting that it is an attack on federal workers. “Reinstating the so-called ‘Holman Rule’ would allow any Member of Congress to simply offer an amendment that could reduce the salary of any federal employee, or eliminate a federal employee’s position without hearings, testimony, or due process,” Reps. Don Beyer (D-Va.), Steny Hoyer (D-Md.), Gerry Connolly (D-Va.), John Delaney (D-Md.), and Delegate Eleanor Holmes Norton (D-D.C.) said in a press release. “[W]ith this rule House Republicans would instead treat these civil servants like political pawns and scapegoats.”
FreedomWorks notes that “the reinstatement of the Holman Rule is temporary, lasting only for the first session of the 115th Congress, or the 2017 legislative year. But its revival is a trial run that could lead to spending cuts for federal agencies that often run roughshod over congressional authority in Article I of the Constitution, as well as achieve the goal of reducing federal spending as the national debt approaches $20 trillion.”
So a “trial run” for this legislative year, but could become normal in the years ahead. The reinstatement of the Holman Rule was lost in the uproar over the proposed gutting of the Office of Congressional Ethics (OCE). The WaPo report says that as “a concession to Republicans who oppose this rule, leaders designed it to expire in one year unless lawmakers vote to keep it in place.” But the same report quotes House Majority Leader Kevin McCarthy (R-Calif.) saying that “insofar as voters elected Trump with the hope of fundamentally changing the way government works, the Holman Rule gives Congress a chance to do just that.”
“This is a big rule change inside there that allows people to get at places they hadn’t before,” McCarthy told reporters.
Note that WaPo says a majority of the House and the Senate would still have to approve any such amendment to an appropriations bill that targets a specific government employee or program, but that this puts agencies and the public on notice that their work is now vulnerable to the whims of elected officials.
So, we’re now all just waiting to see which congressional representative will be the first to throw a tantrum and attempt to get a federal employee’s salary down to $1.00?