[House Prints, 116th Congress]
[From the U.S. Government Publishing Office]
[COMMITTEE PRINT]
116th Congress } { C.P. 116-3
HOUSE OF REPRESENTATIVES
1st Session } {
_______________________________________________________________________
RECOMMENDATIONS TO ENCOURAGE CIVILITY AND BIPARTISANSHIP IN CONGRESS,
STREAMLINE PROCESSES AND SAVE TAXPAYER DOLLARS, AND INCREASE THE
QUALITY OF CONSTITUENT COMMUNICATION
__________
R E P O R T
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THE SELECT COMMITTEE ON THE
MODERNIZATION OF CONGRESS
U.S. HOUSE OF REPRESENTATIVES
__________
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 19, 2019.--Ordered to be printed
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U.S. GOVERNMENT PUBLISHING OFFICE
38-772 WASHINGTON : 2020
SELECT COMMITTEE ON THE MODERNIZATION OF CONGRESS
DEREK KILMER, Washington, Chair
ZOE LOFGREN, California TOM GRAVES, Georgia, Vice Chair
EMMANUEL CLEAVER, Missouri ROBERT WOODALL, Georgia
SUZAN DelBENE, Washington SUSAN W. BROOKS, Indiana
MARK POCAN, Wisconsin RODNEY DAVIS, Illinois
MARY GAY SCANLON, Pennsylvania DAN NEWHOUSE, Washington
WILLIAM TIMMONS, South Carolina
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Committee Staff
Allie Neill, Staff Director
Jake Olson, Deputy Staff Director
C O N T E N T S
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December 19, 2019
Page
I. PURPOSE AND SUMMARY...............................................1
II. BACKGROUND AND NEED FOR RECOMMENDATIONS...........................2
III.HEARINGS..........................................................4
IV. RECOMMENDATIONS...................................................6
V. COMMITTEE CONSIDERATION AND VOTES.................................9
116th Congress } { C.P. 116-3
HOUSE OF REPRESENTATIVES
1st Session } {
======================================================================
RECOMMENDATIONS TO ENCOURAGE CIVILITY AND BIPARTISANSHIP IN CONGRESS,
STREAMLINE PROCESSES AND SAVE TAXPAYER DOLLARS, AND INCREASE THE
QUALITY OF CONSTITUENT COMMUNICATION
_______
December 19, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Kilmer, from the Select Committee on the Modernization of Congress,
submitted the following
R E P O R T
I. PURPOSE AND SUMMARY
The Select Committee on the Modernization of Congress has
been charged with the important responsibility of recommending
improvements to the U.S. House of Representatives to help
Members of Congress and their staff better serve the American
people. On May 23, 2019 the Select Committee passed its first
set of recommendations to open up Congress and improve
transparency across the Legislative Branch. On July 25, 2019
the Select Committee passed its second set of recommendations
to address key challenges and capacity issues throughout the
Legislative Branch, including: Updating Human Resources (HR)
policies and consolidating the many HR-related offices in the
House; overhauling the onboarding process for new Members and
providing continuing education opportunities for all Members;
emphasizing the necessity of civility and respect throughout
Congress; modernizing House technology resources to keep the
institution on the cutting edge and emphasizing quality IT
services; and, addressing the equal access challenges persons
with disabilities face when working for, visiting, or
interacting with the House.
Since then, the Select Committee has identified additional
civility and administrative challenges in the House that affect
the ability of Members and congressional staff to best serve
the American people. To address these challenges, the Select
Committee proposed its third set of recommendations which fit
into three broad categories.
The first set emphasize the necessity of civility and the
importance of bipartisan collaboration in Congress. Select
Committee Members believe that Congress is stronger when
Members find ways to work together to solve problems and
civility is key to making Congress a more productive
institution that better serves the American people. This is
especially important now and the Select Committee intends to
continue pushing for improved civility through recommendations.
The second set address various administrative
inefficiencies in the Congress and update Member cosponsorship
procedures, procurement and bulk purchasing policies, the
travel card program, and Member emergency preparedness
training.
The third set modernize the House Commission on Mailing
Standards, also known as the Franking Commission, regulations
governing all Member communications. The Select Committee
worked with the Franking Commission to develop these
recommendations and will defer to the Commission on policy and
implementation details.
II. BACKGROUND AND NEED FOR RECOMMENDATIONS
Efficiencies in House operations, regulations governing
Members' ability to communicate with their constituencies, and
efforts to improve bipartisan collaboration among Members and
staff have required congressional attention and action for some
time. Committee attention to problems within these three areas
of focus will help Members and staff better serve the American
people.
The Select Committee identified the following issues to be
addressed with recommendations to improve civility and
operations in Congress:
1. The U.S. Capitol complex currently lacks sufficient
spaces where all Members can gather to collaborate or even to
socialize privately. Members have identified a need for private
spaces, close to the House floor and open to Members from both
parties. Unlike the Democratic and Republican cloak rooms, a
dedicated bipartisan space would encourage collaboration and
socialization across party lines.
2. Members currently lack opportunities to interact with
and get to know their colleagues across the aisle. Aside from
congressional delegation (CODEL) trips, Members have few
opportunities to interact across party lines, away from
Washington, D.C., with their families. This lack of interaction
across party lines discourages Members from getting to know all
of their colleagues and from working collaboratively and
building bipartisan coalitions. Bipartisan, biennial retreats
at the beginning of each new Congress would encourage Members
to make connections with their colleagues, find common ground,
and help build civility into the House's process.
3. Personal office staff are currently prevented from
participating in committee organized congressional delegation
(CODEL) travel, even when this travel is directly connected to
their professional responsibilities. This practice prevents
personal staff from having sustained opportunities to interact
with their colleagues across the aisle, away from Washington,
D.C. Allowing personal office staff to participate in CODELs
would encourage bipartisan connections and collaboration at the
staff level.
4. Many House committees have become increasingly partisan
in their organizational and procedural activities. An inability
to work across party lines prevents committees from being as
productive as they otherwise might be. Regular bipartisan
briefings and training for committee staff, as well as
bipartisan committee retreats, would encourage collaboration
between parties and promote productivity. Committees should
establish ways for Members and staff to cooperate on
establishing committee policy and oversight agendas.
5. Often, Members will add their name as a ``cosponsor'' to
legislation they support that was introduced by a colleague.
However, Members are sometimes erroneously added as cosponsors
to bills. When this happens, Members are required to go to the
House floor and make a statement for the record. Once their
names are removed, their ``stricken'' names still appear on the
legislation. This cumbersome and inefficient process should be
modernized to make it easier for Members to remove their names
and to also remove any trace of their name from legislation
they did not cosponsor so their constituents have a clearer
understanding of what bills their Representatives support.
6. Members are currently not required to undergo routine
emergency preparedness training, which presents major safety
and security concerns. Members have expressed a desire for
training so that they know what steps to take in an emergency
situation where no staff are present to provide them with
information and guidance.
7. The House and Senate currently purchase items like
office supplies, subscriptions, and information technologies
separately. By collaborating on bulk purchasing and
procurement, the House and Senate could potentially save
taxpayer money and spend more efficiently.
8. The Select Committee previously recommended that ``the
CAO should leverage the bulk purchasing power of the House and
provide a standard suite of quality, up-to-date devices and
software, such as desktop and laptop computers, tablets,
printers, mobile phones and desk phones at no cost to the
Members' Representational Allowance (MRA)'' (see Select
Committee Report entitled ``Recommendations to Streamline House
Human Resources, Overhaul the Onboarding Process, Improve
Member Continuing Education Opportunities, Modernize House
Technology, and Improve Accessibility,'' recommendation 19).
Members have identified a need to expand the scope of this
recommendation to include for additional House-wide purchases
and services with the goal of saving taxpayer dollars. Members
have also identified a need to develop and pilot baseline tech
packages for new Member offices in order to take advantage of
bulk purchasing rates and streamline the process of equipping
Member offices with necessary technologies.
9. The current House Travel Card Program is outdated and
easily subjected to inaccuracies. The process of making travel-
related charges can often require junior staff to float
expenses. Because reimbursement can be a long and cumbersome
process, staff must often wait awhile for repayment. Members
have also noted that covered expenses need to be updated to
reflect modern modes of transportation such as rideshares.
10. Members today use multiple platforms to communicate
with their constituents. While the Franking Commission
regulates postal mail, it does not have the explicit authority
to regulate digital communications. This creates confusion for
Members who are looking for a single source to provide guidance
on their communications. The U.S. Code should be updated to
consolidate all Member communications under the jurisdiction of
the Franking Commission.
11. The Franking Commission's official name, ``The House
Commission on Mailing Standards,'' no longer accurately
captures the Commission's range of responsibilities and should
be updated to reflect all current forms of Member
communications.
12. Explaining the complexity of many issues before
Congress often requires Members to communicate with their
constituents multiple times. Current regulations require
Members to get approval from the Franking Commission each time
they communicate with constituents, even just to provide an
update on an issue on which they have already communicated.
Additionally, constituents are only allowed to subscribe to
Members' e-mail communications and no other. Current
regulations should be modernized to allow and encourage better
and more interaction between Members and constituents,
including giving constituents the ability to subscribe to other
communications (for example, text messages, mail, etc.).
13. The current tracking procedures for franked mail are
cumbersome and outdated. District offices self-report the cost
of franked mail, which may lead to inaccuracies. In order to
increase accountability between Members and their constituents,
the tracking system should be modernized, in consultation with
the U.S. Postal Service, to make tracking easier and more
reliable, and possibly offering Member offices the ability to
use either their signature or a bar code for tracking.
14. Members who wish to communicate with their constituents
by mail or digitally are currently required to receive a
Franking Staff Advisory Opinion. Given the speed of digital
communications, receiving an opinion can take too long,
potentially rendering the communication outdated. The approval
process needs to be updated to better reflect modern forms of
communications and improve Members' ability to quickly respond
to those they represent.
15. Many Members build large social media followerships
during their campaigns for office. But once they are elected to
office, they are required to establish separate, official
social media accounts. This creates confusion for both Members
and their followers on social media. Additionally, the rules
and policies governing Members' official and campaign accounts
differ greatly which can create unnecessary confusion. Members
should be allowed a one-time transfer of followers from their
campaign to their official social media accounts at the
beginning of each Congress.
16. For the public to view Franking Commission advisory
opinions, current rules require individuals to make a trip to
the Clerk's Office in Washington, D.C., provide identification,
and pay for copies of materials sent by Members to their
constituents. This creates a major inconvenience for anyone
interested in viewing an opinion and presents major
transparency and accountability challenges. The advisory
opinion posting process needs to be modernized so that Members
and the American people can view opinions in an online, easy to
access form.
III. HEARINGS
The Select Committee on the Modernization of Congress held
six hearings which helped shape these recommendations. The
hearings included:
``Recommendations for Improving the Budget
and Appropriations Process: A Look at the Work of the
Joint Select Committee,'' on September 19, 2019. The
Select Committee received testimony from:
The Honorable Nita M. Lowey,
Member of Congress, Washington D.C.
The Honorable Steve Womack,
Member of Congress, Washington D.C.
Mr. G. William Hoagland, Senior
Vice President, Bipartisan Policy Center
Ms. Megan Lynch, Specialist on
Congress and the Legislative Process,
Congressional Research Service
Mr. M. Matthew Owens,
Participant, Convergence Building a Better
Budget Process Project, Executive VP and VP for
Federal Relations, Association of American
Universities
``Promoting Civility and Building a More
Collaborative Congress,'' on September 26, 2019. The
Select Committee received testimony from:
Dr. Keith Allred, Executive
Director, National Institute for Civil
Discourse
Mr. Jason Grumet, Founder and
President, Bipartisan Policy Center
The Honorable Ray LaHood, on
behalf of themselves
Dr. Jennifer N. Victor, on
behalf of themselves
``The House Calendar and Schedule:
Evaluating Practices and Challenges,'' on October 16,
2019. The Select Committee received testimony from:
Ms. Ida Brudnick, Specialist on
Congress, Congressional Research Service
Mr. Charles W. Johnson, on
behalf of themselves
Mr. Kyle Nevins, on behalf of
themselves
Ms. Susan Clarke Schaar, Clerk
of the Senate, Virginia General Assembly
``Congress and the Frank: Bringing
Congressional Mailing Standards into the 21st
Century,'' on October 31, 2019. The Select Committee
received testimony from:
The Honorable Rodney Davis,
Member of Congress, Washington D.C.
The Honorable Susan A. Davis,
Member of Congress, Washington D.C.
Mr. Josh Billigmeier, on behalf
of themselves
Dr. Matt Glassman, on behalf of
themselves
Dr. Joshua Tucker, on behalf of
themselves
``Administrative Efficiencies: Exploring
Options to Streamline Operations in the U.S. House of
Representatives,'' on November 15, 2019. The Select
Committee received testimony from:
Ms. Teresa Gerton, President and
CEO, National Academy of Public Administration
Dr. R. Eric Petersen, Specialist
in American National Government, Congressional
Research Service
Mr. Michael Ptasienski,
Inspector General, on behalf of The House of
Representatives
Mr. Drew Willison, Former Senate
Sergeant at Arms, on behalf of themselves
``Rules and Procedures in the U.S. House of
Representatives: A Look at Reform Efforts and State
Best Practices,'' on December 5, 2019. The Select
Committee received testimony from:
Mr. Christopher M. Davis,
Analyst on Congress and the Legislative
Process, Congressional Research Service
Dr. C. Lawrence Evans, on behalf
of themselves
Ms. Natalie Wood, Director,
Center for Legislative Strengthening, on behalf
of National Conference of State Legislatures
IV. RECOMMENDATIONS
The Select Committee made the following 16 recommendations
to address the problems identified (see II. BACKGROUND AND NEED
FOR RECOMMENDATIONS) and have organized them into three
categories. The Select Committee supports:
Encouraging Civility and Bipartisanship in Congress
(1) Recommendation: Create a bipartisan Members-only
space in the Capitol to encourage more collaboration
across party lines.
Specifically . . . There are few private spaces where
Members can interact in a bipartisan way. The Architect
of the Capitol, under the direction of the Committee on
House Administration, will work to identify current
space in the Capitol with close proximity to the House
Floor that can be optimized for the purpose of Members
gathering and collaborating in private and across party
lines.
(2) Recommendation: Institute biennial bipartisan
retreats for Members and their families at the start of
each Congress.
Specifically . . . House Rules will be amended to
require the House to hold biennial retreats for all
Members at the beginning of each new Congress. The
retreats will be designed for Members and their
families to spend a few days offsite, at a location
within driving distance from Washington, D.C. The
retreats should draw from the best of the ``Hershey''
model (previous retreats held in Hershey, PA)
originally led by Representatives LaHood and Skaggs
that occurred at the beginning of each new Congress
from 1997-2003. The retreat will be planned by a
bipartisan committee and funding source will be
determined by the Committee on House Administration.
(3) Recommendation: Update committee policies to
increase bipartisan learning opportunities for staff.
Specifically . . . Committee rules and policies
should allow appropriate personal office staff to
participate in committee organized congressional
delegation (CODEL) trips, should that travel be
directly relevant to their professional
responsibilities. CODELs provide structured,
professional opportunities for staff to have bipartisan
interactions while furthering their understanding of
issues relevant to their work.
(4) Recommendation: Establish bipartisan committee
staff briefings and agenda-setting retreats to
encourage better policy making and collaboration among
Members.
Specifically . . . Members have expressed concern
that committee work has become too partisan. The House
should dedicate an allotment of appropriated funds to
committees explicitly for the sole purpose of
establishing regular bipartisan staff briefings and
trainings and for holding biennial, bipartisan
committee retreats. Unused funding cannot be
reallocated for other purposes. This would encourage
committee members to work together to identify
guidelines and measures aimed at promoting productive
engagement across the aisle and to identify areas for
bipartisan policy cooperation.
Streamlining Processes and Saving Taxpayer Dollars
(5) Recommendation: Update House procedures to allow
members to electronically add or remove their name as a
bill cosponsor.
Specifically . . . The Select Committee previously
recommended allowing secure e-signatures for bills (see
Select Committee Report entitled ``Recommendations to
Streamline House Human Resources, Overhaul the
Onboarding Process, Improve Member Continuing Education
Opportunities, Modernize House Technology, and Improve
Accessibility,'' recommendation 14). Members who wish
to remove their names from legislation that they were
erroneously added to as cosponsors are currently
required to go to the House floor and make a statement
to have their names removed. The House Clerk and the
Parliamentarian will identify a more efficient way for
Members who were added in error as a cosponsor of a
bill to remove themselves as cosponsors of legislation
without indicating their previous cosponsorship.
(6) Recommendation: Require Members to undergo
emergency preparedness training to ensure our
government is fully prepared in the event of a crisis.
Specifically . . . Members are not required to
undergo emergency preparedness training which presents
serious safety and security concerns. The House
Sergeant at Arms Office and the Capitol Police will
coordinate periodic emergency preparedness training for
Members.
(7) Recommendation: Identify ways the House and
Senate can streamline purchases and save taxpayer
dollars.
Specifically . . . A decentralized purchasing system
leads to higher prices for many goods and services that
both the House and the Senate use. The House CAO, the
Senate Rules Committee, and the Senate Sergeant at Arms
are directed to explore how the House and Senate can
collaborate on procurement and bulk purchasing to save
money for the American people.
(8) Recommendation: Encourage House-wide bulk
purchasing of goods and services to cut back on waste
and inefficiency.
Specifically . . . Fragmented and duplicative
contracts can cause inefficiencies and unnecessary
costs for offices. The House CAO will be empowered to
negotiate House-wide contracts or purchasing services
for Member, committee, and leadership offices with the
goal of saving taxpayer dollars by purchasing centrally
rather than independently. The CAO, under the
supervision of the Committee on House Administration,
will also determine what constitutes a good, baseline
technology package for Member, committee, and
leadership offices. The CAO may pilot a baseline tech
package with freshman offices, then expand the pilot to
other offices accordingly.
(9) Recommendation: Update travel expenditure
policies to improve efficiencies, and boost
accountability and transparency.
Specifically . . . The House Travel Card Program will
be expanded to achieve greater efficiencies in tracking
House expenditures or expediting employee
reimbursement. Reducing staff outlays for travel
expenditures may have benefits for more junior staff
who may find it more difficult to float travel expenses
from personal resources. The House Travel Card Program
should also be modernized to accommodate more current
forms of travel, such as rideshare services.
Increasing the Quality of Constituent Communication
The Select Committee will work with the Franking Commission
on the details of how these recommendations will be further
developed and implemented.
(10) Recommendation: Consolidate the regulations
governing Member office communications, including
digital communications, into one easy to find place.
Specifically . . . The U.S. Code, the Franking
Manual, and the Members' Congressional Handbook will be
updated as necessary to consolidate all Member
communications under the jurisdiction of the House
Commission on Mailing Standards to improve the way
Congress communicates with the American people.
(11) Recommendation: Rename the House Commission on
Mailing Standards, also known as the Franking
Commission, the House Communications Standards
Commission to reflect 21st Century communications.
Specifically . . . Update U.S. Code, the Franking
Manual, and the Members' Congressional Handbook as
necessary to reflect the Franking Commission's new
name.
(12) Recommendation: Increase opportunities for
constituents to communicate with their Representatives.
Specifically . . . Update U.S. Code and the Members'
Congressional Handbook as necessary to reflect changes
allowing constituents to subscribe to all forms of
communications with their Members.
(13) Recommendation: Increase accountability and
tracking for all Member-sponsored mail.
Specifically . . . The Franking Commission will work
with the U.S. Postal Service to develop modern
solutions to eliminate the need for self-reporting of
district office mail.
(14) Recommendation: Allow for faster correspondence
between Representatives and their constituents.
Specifically . . . Update U.S. Code, the Franking
Manual, and the Members' Congressional Handbook as
necessary to reflect revised requirements for when
Members need an advisory opinion from the Commission.
(15) Recommendation: Update House social media rules
to allow for better communication online between newly-
elected Members of Congress and their followers.
Specifically . . . The Franking Commission will work
with the House Committee on Ethics to determine
guidelines for allowing Members to conduct a one-time
transfer of followers from campaign to official social
media accounts and develop clear procedures for how
these accounts can be used.
(16) Recommendation: Allow the public to better
access and view the types of communication sent by
Members of Congress to their constituents.
Specifically . . . Update Franking Manual as
necessary to require that advisory opinions are made
available online in an easily accessible public
database.
V. COMMITTEE CONSIDERATION AND VOTES
Consideration
On December 19, 2019, the Select Committee held a Business
Meeting, a quorum being present, and reported favorably the
recommendations herein contained in this report.
Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on these recommendations. The recommendations herein
contained in this report were adopted by voice vote, two-thirds
being in the affirmative. A motion by Chair Derek Kilmer of
Washington to report these recommendations to the House of
Representatives was adopted by voice vote, two-thirds being in
the affirmative.