[Senate Hearing 117-545]
[From the U.S. Government Publishing Office]
S. Hrg. 117-545
LEGISLATIVE BRANCH APPROPRIATIONS FOR FISCAL YEAR 2022
=======================================================================
HEARINGS
before a
SUBCOMMITTEE OF THE
COMMITTEE ON APPROPRIATIONS UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
on
H.R. 4346
AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE BRANCH FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2022, AND FOR OTHER PURPOSES
__________
Architect of the Capitol
Congressional Budget Office
Congressional Research Service
Government Accountability Office
Library of Congress
United States Capitol Police
United States Copyright Office
United States Senate Sergeant at Arms and Doorkeeper
__________
Printed for the use of the Committee on Appropriations
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: https://www.govinfo.gov
_________
U.S. GOVERNMENT PUBLISHING OFFICE
44-184 PDF WASHINGTON : 2023
COMMITTEE ON APPROPRIATIONS
PATRICK LEAHY, Vermont, Chairman
PATTY MURRAY, Washington RICHARD C. SHELBY, Alabama, Vice
DIANNE FEINSTEIN, California Chairman
RICHARD J. DURBIN, Illinois MITCH McCONNELL, Kentucky
JACK REED, Rhode Island SUSAN M. COLLINS, Maine
JON TESTER, Montana LISA MURKOWSKI, Alaska
JEANNE SHAHEEN, New Hampshire LINDSEY GRAHAM, South Carolina
JEFF MERKLEY, Oregon ROY BLUNT, Missouri
CHRISTOPHER A. COONS, Delaware JERRY MORAN, Kansas
BRIAN SCHATZ, Hawaii JOHN HOEVEN, North Dakota
TAMMY BALDWIN, Wisconsin JOHN BOOZMAN, Arkansas
CHRISTOPHER MURPHY, Connecticut SHELLEY MOORE CAPITO, West
JOE MANCHIN, III, West Virginia Virginia
CHRIS VAN HOLLEN, Maryland JOHN KENNEDY, Louisiana
MARTIN HEINRICH, New Mexico CINDY HYDE-SMITH, Mississippi
MIKE BRAUN, Indiana
BILL HAGERTY, Tennessee
MARCO RUBIO, Florida
Charles E. Kieffer, Staff Director
Shannon Hutcherson Hines, Minority Staff Director
------
Subcommittee on the Legislative Branch
JACK REED, Rhode Island, Chairman
CHRISTOPHER MURPHY, Connecticut MIKE BRAUN, Indiana, Ranking
MARTIN HEINRICH, New Mexico Member
PATRICK LEAHY, Vermont, (ex- RICHARD C. SHELBY, Alabama
officio) MARCO RUBIO, Florida
Professional Staff
Jessica Berry
Hannah Chauvin
Margaret Pritchard (Minority)
Lucy Gardner (Minority)
C O N T E N T S
----------
hearings
Wednesday, April 21, 2021
Page
Architect of the Capitol......................................... 1
Hon. J. Brett Blanton, Architect of the Capitol:
Prepared Statement of.................................... 11
Statement of............................................. 9
United States Capitol Police..................................... 1
Chief Yogananda D. Pittman, Acting Chief, United States
Capitol Police:
Prepared Statement of.................................... 6
Statement of............................................. 5
United States Senate Sergeant at Arms and Doorkeeper............. 1
Hon. Karen H. Gibson, Sergeant At Arms and Doorkeeper of the
Senate:
Prepared Statement of.................................... 15
Statement of............................................. 13
Wednesday, April 28, 2021
Congressional Budget Office...................................... 51
Hon. Dr. Phillip L. Swagel, Director, Congressional Budget
Office:
Prepared Statement of.................................... 136
Statement of............................................. 134
Congressional Research Service, Mary B. Mazanec, Director,
Prepared Statement of.......................................... 63
Government Accountability Office................................. 51
Hon. Gene L. Dodaro, U.S. Comptroller General, Government
Accountability Office:
Prepared Statement of.................................... 69
Statement of............................................. 66
Librarian of Congress............................................ 51
Hon. Dr. Carla Hayden, Librarian of Congress:
Prepared Statement of.................................... 55
Statement of............................................. 54
United States Copyright Office, Shira Perlmutter, Register of
Copyrights and Director, Prepared Statement of................. 58
----------
back matter
List of Witnesses, Communications, and Prepared Statements....... 161
Subject Index:
Architect of the Capitol..................................... 163
Congressional:
Budget Office............................................ 163
Research Service......................................... 164
Government Accountability Office............................. 164
Library of Congress.......................................... 165
United States:
Capitol Police........................................... 166
Copyright Office......................................... 166
Senate Sergeant at Arms and Doorkeeper................... 166
LEGISLATIVE BRANCH APPROPRIATIONS FOR FISCAL YEAR 2022
----------
WEDNESDAY, APRIL 21, 2021
U.S. Senate,
Subcommittee of the Committee on Appropriations,
Washington, DC.
The subcommittee met at 2:02 p.m., in room SD-192, Dirksen
Senate Office Building, Hon. Jack Reed (Chairman) presiding.
Present: Senators Reed, Leahy, Heinrich, and Braun.
ARCHITECT OF THE CAPITOL, SERGEANT AT ARMS, AND THE UNITED STATES
CAPITOL POLICE
opening statement of senator jack reed
Senator Reed. Good afternoon. This subcommittee will come
to order.
I would like to welcome everyone to the first of our fiscal
year 2022 budget hearing for the Legislative Branch
Appropriations Subcommittee.
It is also my first hearing as Chairman of the
subcommittee, and I look forward to working with my new Ranking
Member, Senator Braun, and distinguished Members of the
subcommittee in crafting responsible funding legislation that
supports the Legislative Branch.
We also anticipate that we will be joined by Chairman of
the Appropriations Committee, Senator Leahy, which highlights
the importance of the issues we are discussing today.
Today we have with us the Architect of the Capitol, Brett
Blanton; the Sergeant at Arms, General Karen Gibson; and the
Acting Chief of the U.S. Capitol Police, Yogananda Pittman.
This is the first appearance of each of these agency
leaders before this subcommittee. And I thank you for joining
us today to testify.
Let me first begin by thanking the women and men of your
agencies. Over the last year they have endured threats to their
health and their physical safety in order to serve this
institution. Some indeed have lost their lives. They deserve
our gratitude and much, much more. And please communicate that
message to your dedicated colleagues.
As leaders, Members of Congress owe it to them, not only to
provide the resources they need to do the job, but also to
temper the inflammatory rhetoric that can put them in harm's
way. In short, we need to be exemplar to the civility, both
privately and publicly.
And this is a difficult time for your agencies and
Congress. Like the rest of the United States and the world, we
have grappled with the COVID-19 pandemic for over a year,
because the Senate and the House continue to meet, many of your
employees have had to show up and push in person for work. They
have provided the Capitol Campus with enhanced cleaning, PPE,
food services, IT enhancements for remote work, and of course
security.
Hundreds of your employees have tested positive for COVID
since the pandemic began, you have had to send millions of
dollars in regular appropriations beyond what we provided last
year in the CARES Act.
I hope we can soon deliver on our promise to make you whole
with an emergency supplemental. Meanwhile, I want to know how
those unanticipated costs have impacted our missions.
In the midst of the pandemic we experienced the January 6
Capitol attack. Like all of my colleagues, I am grateful to all
the brave men and women of the Capitol Police for their service
on that day.
It is not an exaggeration to say that they defended
democracy. I want to thank the Architect of the Capitol's
employees for working into the night and morning to clean the
wreckage.
And thank you to the Sergeant of Arms employees for their
efforts to make sure the Senate could meet again that day to
finish its business and certify the election.
Last Friday marked 100 days since the horrible attack which
led to the death of three police officers, 140 officers were
injured that day, thousands of National Guards were deployed
and remain on duty here. Sixty-eight million dollars in damages
have been accounted for, so far, and 419 individuals have been
arrested to date.
We know that officers and other Capitol committee employees
continue to suffer trauma. Serious questions have been raised
about the leadership of your organizations and the actions
taken or not taken, in, on and before January 6, and this
includes scrutiny of the Capitol Police Board upon which you
all sit.
Regrettably, a second attack on the Capitol occurred just
weeks ago, taking the life of Officer Billy Evans, and injuring
another officer. This latest attack highlights the challenges
of securing the Capitol and maintaining an open campus
environment so that all people can visit and share this special
place.
The tough decision we will make on reforms, submission, and
operational structure, and the physical security measures, will
directly affect your agencies and the Capitol Campus. We want
to make sure we find the right solutions. It will be up to this
subcommittee to provide you with the tools you need to
implement those changes and to hold you accountable for
implementing them successfully.
Your agencies are charged with ensuring that our physical
space here on the Capitol Campus is safe, not just for the
Members of Congress and staff, but also for also for the
millions of visitors who come here every year, and we hope will
return soon.
They are also responsible for our virtual security, our
cyberspace and IT infrastructure which we have relied upon
heavily during the COVID-19 pandemic.
On this subcommittee we want to make sure the Capitol
Police, the Sergeant at Arms and the Architect of the Capitol
have the tools needed to continue keeping us safe, and to keep
up with known and emerging threats. While the inclination for
Congress has set itself to be am example of frugality, we
should not skimp on these investments. Yet, we will have to
balance the needs of all the legislative agencies against our
resources.
That includes fully supporting your agencies, but also
making sure other priorities are protected in our bill. And we
need to be cognizant that there will be a top line budget cap
that we must abide by. While we do not yet have a broader
budget agreement for fiscal year 2022, we do know the
Legislative Branch is not insulated from that debate.
I know Chairman Leahy, who has just joined us, will be
working hard to provide every subcommittee with the resources
it needs, but his presence today shows how important the bill
is.
And now let me turn to my Ranking Member, Senator Braun.
Thank you, Mike.
opening statement of senator mike braun
Senator Braun. Thank you, Chairman Reed.
Thank you, Mr. Blanton, Acting Chief Pittman, and
Lieutenant General Gibson for being here today.
This is my first hearing as Ranking Member of this
subcommittee. I look forward to working closely with Chairman
Reed in crafting a fiscally-responsible funding bill that
supports the important activities of the Legislative Branch.
The past 3 years have been an unprecedented period for the
Congress. From the longest government shutdown in American
history shortly after I got here, to two impeachment trials, to
the events of January 6, to the vehicle attack at the North
Capitol Barricade earlier this month.
I'm especially grateful for the service of the brave men
and women of the Capitol Police, and the sacrifices they have
made to protect the Congress.
The deaths of Officer Evans, Officer Sicknick, and Officer
Liebengood, have been devastating losses, and my sincere
condolences go out to the families and friends of those
officers.
The courage and resiliency of our Capitol Police Officers
is demonstrated every day in their unwavering commitment to
protecting the rule of law and this institution.
Today we will be discussing the requested budgets for each
agency in light of these recent events. Through this process we
can ensure that the funding appropriated through fiscal year
2022 is targeted but sufficient to ensure the security of the
Capitol Complex.
There are several assessments underway to examine the
failures that occurred on January 6. As those assessments are
conducted, it is critical that we examine all aspects of campus
security, including both physical security and the
decisionmaking processes that ensure the Capitol Police have
the resources to complete their mission safely.
In this regard, we must make informed, holistic funding
decisions to ensure we solve and correct the problems, and
invest to address threats of the future, oftentimes the hardest
thing to do.
However, as we begin crafting the fiscal year 2022
Legislative Branch bill, we must do so in light of the
unprecedented fiscal situation in which we find ourselves. In
the short time since I have been here, through the challenge of
COVID, the structural trillion-dollar deficits that we contend
with every year that are soon to become $1.5 trillion have to
be kept in perspective.
Unsustainable debt levels, interest payments, and spending
habits have negative effects across the entire Federal
Government. They crowd out critical investments in priority
areas for all Members. Coming from a school board, a State
government, but mostly running a business for 37 years, we have
got to start keeping in mind for future generations, that just
because this is a Federal Government and we do not have a
balanced budget amendment, that we have got to be a better
steward of our country's resources, because it would be
derelict not to do so for future generations.
As appropriators, we have the duty to make fiscally-
responsible investments that take all of those considerations
into account.
I am confident Chairman Reed and I will continue to work
together in the long-standing, tradition of bipartisanship of
this subcommittee, and that we will enact the fiscal year 2022
funding bill in regular order.
Thank you, again, to our witnesses for being here. I look
forward to your testimony.
Thank you, Mr. Chairman.
Senator Reed. Thank you, Senator Braun. And I look forward
to working with you to get this task accomplished. Thank you
very much.
Chairman Leahy, would you like to make some comments?
opening statement of senator patrick leahy
Senator Leahy. Well, I know we are short on time, so well,
other than to say that one, I appreciate you and Senator Braun
doing this and, of course, you and I worked together to
transfer $10 million to have an assessment made for Capitol
campus physical security, and I was required to do that. But I
really feel strongly we have got to have an overall assessment
of what we need, what went right, what went wrong, in case we
have something like this again, and I want to see that before I
sign off on more money.
We are fortunate to have a wonderful police force and
leaders, but we also know we have got some gaps, and we want to
have an open Capitol, but we want a secured Capitol.
So, I will work with the two of you. And thank you very
much for doing this.
Senator Reed. Well, thank you very much, Chairman Leahy.
And now I will ask our witnesses beginning with Chief
Pittman, to give a brief opening statement of approximately 5
minutes. The written testimony of each witness will be printed
at full in the record.
Let me advise everyone. There is a vote scheduled for 2:20,
but it is my intention to get through all the witness
testimony, and then we will make a decision whether we will
recess briefly or we continue the hearing.
Chief Pittman, please.
STATEMENT OF CHIEF YOGANANDA D. PITTMAN, ACTING CHIEF,
UNITED STATES CAPITOL POLICE
Acting Chief Pittman. Chairman Reed, Ranking Member Braun,
and Members of the subcommittee, thank you for the opportunity
to present the United States Capitol Police budget request for
fiscal year 2022.
The Department appreciates the subcommittee's continued
support ensuring that we have the resources that we need.
Joining me here today are some members of the department's
executive team, Acting Assistant Chief Sean Gallagher, Chief
Administrative Officer Richard Braddock, and our Deputy Chief
Administrative Officer Dominic Storelli.
The USCP has a unique role in policing. We are the only law
enforcement agency responsible for protecting Congress, and the
U.S. Capitol Complex. We detect, investigate and prevent
threats made against Congressmen and Congresswomen in
Washington DC, and across the country.
Our personnel are highly trained and deeply committed to
our critical mission. And our mission, however, has become more
difficult. In the first 4 months of this year, we have had a 65
percent increase in threats against Members compared to 2020.
From 2017 to 2020, there was 119 percent increase in the total
threats and directions of interest against Members, with the
majority of the suspects residing outside of the National
Capitol Region (NCR).
As the Nation well knows, the Capitol Complex is also a
target. Shortly after the attack on January 6 that resulted in
the deaths of Officer Sicknick, Officer Liebengood, and the
lone assailant that struck and killed Officer Evans and injured
another at the Capitol's North Barricade, it would be right for
me to say that this is a difficult time for the department, and
that is probably an understatement.
Our officers are still resilient. They are strong, and this
department will come out of this stronger. The USCP is
steadfast in ensuring that an incident of this nature will
never occur again, especially with the realization that the
possibility of a similar incident occurring in the current
environment is a very real and present danger.
The events of January 6 demonstrate that the department
must build its capabilities to adapt quickly and it must plan
for the unknown. This will require a significant investment in
staffing, training tools and information-gathering resources
needed to meet the dynamic and ever-changing security
challenges, including the rising threat of domestic terrorism.
A large portion of the budget is a request and an
investment in our employees, which are our most important
asset. Most of the request--covers mandatory salary and benefit
requirements, cost of living adjustments and overtime for
critical training. It also includes funding for 212 new sworn
officers for mission-critical requirements, guaranteed funding
for our student loan repayment program, which we have not
always funded, but is a critical component for recruitment and
retention.
The fiscal year 2022 request also includes general expense
funding to secure additional capabilities to equip our officers
with the tools, equipment, technologies, as well as wellness
initiatives to maintain the highest levels of readiness, both
on the complex and throughout the region.
This includes items such as protective travel, training,
hiring, outfitting, providing uniforms, weapons and ammunition,
as well as expanding access to the Employee Assistance Program
and other health and wellness programs.
I want to again reiterate that our officers who are on the
job 24 hours a day, 365 days a year are our greatest assets in
helping to prevent and respond to threats. On January 6, the
insurrectionists attempted to stop Congress from certifying the
Electoral College. Due to the heroic actions of USCP officers,
with the assistance of our law enforcement partners, the
rioters were prevented from accomplishing their goal.
To ensure that the USCP is always at the ready to keep
Congress safe, it is important that we make these crucial
investments. The 1983 Senate bombing, the 1998 shooting, 9/11,
and the anthrax attacks, have all been historic, pivotal
moments that have forced the department to evolve rapidly.
January 6 will no doubt be another.
Again, I appreciate the opportunity to discuss the
department's fiscal year 2022 budget request. I also want to
acknowledge your staff, who I know are in constant
communications with the department's team, working to
understand our needs to ensure that they are met.
I would be pleased to answer your questions that you may
have at this time. And thank you.
[The statement follows:]
Prepared Statement of Yogananda D. Pittman, Acting Chief of Police,
United States Capitol Police
Chairman Reed, Ranking Member Braun, and Members of the
subcommittee, thank you for the opportunity to present the United
States Capitol Police (USCP) budget request for fiscal year 2022. The
Department greatly appreciates the subcommittee's continued support of
the women and men of the Department as well as Congress' generosity in
providing the resources needed to support our crucial mission to
protect the Congress and the U.S. Capitol.
Joining me today is the Department's Executive Team--Assistant
Chief Chad Thomas, Acting Assistant Chief Sean Gallagher, Chief
Administrative Officer Richard Braddock, and General Counsel Thomas
DiBiase--as well as members of the USCP Executive Management Team.
Throughout its history, the USCP has held a unique role in
policing. We are the only law enforcement agency responsible for
protecting the Congress in DC and abroad and the U.S. Capitol Complex.
We detect, investigate, and prevent threats made against Members of
Congress and the U.S. Capitol. We provide a steady, watchful presence
throughout the Capitol Complex, and we are responsible for protecting
elected officials to ensure the continuity of government.
The type of policing that we engage in is highly specialized to
focus on the unique requirements of protecting our Nation's legislative
process as well as ensure that citizens may participate in lawful First
Amendment activities on the Capitol Grounds. All the while, the
Department is expected to maintain the security of an open campus so
that visitors may witness representative democracy in action.
The USCP is a full-service agency. We conduct investigations with
our law enforcement partners both in Washington, D.C. and across the
country, to include working with the Federal Bureau of Investigation,
U.S. Secret Service, U.S. Park Police, Metropolitan Police Department,
Bureau of Alcohol, Tobacco, Firearms and Explosives, and many others.
The Department's personnel are resilient, highly trained in
specialized fields, and deeply committed to our critical mission to
protect and secure the U.S. Capitol and the Congress. Under my
leadership, I intend to focus on four key elements to further
strengthen and support the USCP workforce: Senator and Member
protection; health and wellness programs; training; and obtaining the
equipment and facilities to meet the needs of the workforce of the
future.
In the Department's efforts to address new and emerging threats, we
work closely with the Senate and House Sergeants at Arms to augment and
strengthen off-campus security and Senator and Member protection. We
routinely collaborate to assess Senators' State office and Members'
district office security, and we provide recommendations on ways to
improve and enhance security measures and practices inside and outside
of the National Capital Region (NCR). We also work closely with the
Architect of the Capitol (AOC) to address the physical security of the
Capitol Complex, in addition to facility and support needs for the USCP
workforce.
In the first 4 months of 2021, there has been a 64.62 percent
increase in threats to Members compared to the same period in 2020. And
from 2017 to 2020, there has been a 118.66 percent increase in total
threats and directions of interests, with the overwhelming majority of
suspects residing outside of the NCR.
Therefore, a significant focus of the Department in fiscal year
2022 is centered on Member security outside of the NCR. The direct
impact to the Department not only includes our current protective
services' increased posture around the country, but includes increasing
the resources available for our Protective and Intelligence Operations
through the expansion of the USCP's protective, intelligence and
investigatory capabilities both on the Capitol Complex and throughout
the United States. While we have complemented our increased posture
with the leveraging of Federal, State and local law enforcement
partnerships with the collective goal of protecting the Congress away
from the Capitol Grounds, the number of agents required to provide an
appropriate level of analysis, protection and enforcement necessitates
a significant increase in personnel based on the threats trends year-
over-year.
On the Capitol Complex, the level of existential threats to the
U.S. Capitol and Grounds are increasing as well. Most recently, on
April 2, 2021 a lone assailant struck two officers with a vehicle at
the North Barricade, resulting in one line-of-duty death and one
critical injury. Further, on January 6, 2021 insurrectionists attempted
to prevent the Congress from certifying the 2020 Electoral College
results by storming the U.S. Capitol. Due to the heroic actions of USCP
officers, with the assistance of the Metropolitan Police Department,
the National Guard, and many other of our law enforcement partners, the
violent rioters were prevented from accomplishing their goal.
The USCP is steadfast in ensuring that an incident of this nature
will never occur again, especially with the realization that the
possibility of a similar incident occurring in the current environment
is a very real and present danger. The events of January 6, 2021,
demonstrate that the USCP must continue to quickly assess, adjust, and
utilize the tactics and methods necessary to successfully carry out our
mission in any scenario. This will require a significant investment in
the necessary training, tools, and information gathering resources
needed to meet the dynamic and ever-changing security challenges,
including the rising threat of domestic terrorism. Most importantly, it
will require the Department having a dedicated standby ready force of
two platoons (80 officers) at all times, thereby removing the
Department's full reliance on partner agencies for mission support when
faced with an immediate threat event.
In the wake of the insurrection attempt and immediately following
the April 2nd event, the Department invested additional resources, with
the generous support of the Congress, to ensure that our officers have
the support services they need as they continue to process what
occurred. This has included 24/7 access to onsite trauma informed
professional counselors through the collaborative partnership with the
House Office of Employee Assistance (OEA), the enhanced services of
OEA, peer counseling sessions with law enforcement officers from
neighboring law enforcement agencies, and counseling services for
officers' family members. The Department also provided over 19,600
nights in hotel room stays for its personnel, served over 89,000 daily
hot meals and 172,900 cups of hot beverages, and reopened the USCP gyms
24/7 taking into account all safety protocols to ensure COVID-19
transmission is neutralized.
I am committed to ensuring the health and wellbeing of our
workforce, both mentally and physically, and it is my intent to ensure
the Department will continue to identify new resources that may be of
assistance to both our sworn and civilian employees so that they may be
at their very best. To this end, on February 4, 2021, I was pleased to
announce to our workforce that, thanks to the efforts of congressional
leaders and the administration, enough doses of the COVID-19 vaccines
were secured to vaccinate all USCP personnel who want to be vaccinated.
Working closely with the Office of Attending Physician, they were able
to begin administering the doses to our employees quickly and safely.
To date, over 67 percent of the Department has received vaccines. By
the beginning of May 2021, all USCP employees wanting the COVID vaccine
are expected to have received their second dose of the vaccine.
The USCP's employees are our greatest assets. Accordingly, the
Department's fiscal year 2022 budget request is an investment in our
employees, and focuses on meeting mandatory salary requirements,
overtime for critical training, and securing additional capabilities
within the USCP's General Expenses to increase the resources available
to our personnel.
The fiscal year 2022 USCP budget request includes the budgetary
authority and resources to fund 2,112 sworn and 453 civilians. This
includes funding for 212 new sworn officers for mission critical
requirements, such as a standby quick response force, threat assessment
agents, and dignitary protection agents.
The request for the Salaries appropriation is $481.75 Million which
is an increase of $57.35 Million over the fiscal year 2021 enacted
levels. The main drivers of the cost increases are increases in fiscal
year 2020 and fiscal year 2021 benefit rates (FERS, FEHB) not reflected
in the fiscal year 2021 enacted levels, as well as overtime for core
mission, cost-of-living adjustments, and within grade increases. The
USCP is also requesting $2.5 Million for its student loan repayment
program, as this program is a critical component of employee retention
and an additional incentive for recruiting the additional personnel
needed to carry out the Department's evolving mission.
Countering evolving domestic and international threats requires
constantly sharing intelligence information throughout the entire
Department from analysts to officials to the officers on post, as well
as gathering intelligence and working with partner law enforcement
agencies. In response to one of the lessons learned on January 6, the
Department revised its internal communications policies and processes,
and has included emerging technologies and tools in this budget request
to assist with effecting the ideal communications state for the
Department to meet its mission. Further, the events of that day
highlighted critical areas that require new or modified training
throughout the Operational elements of the Department in order to
maintain the highest levels of readiness. It is my intent to begin such
trainings and exercises as soon as practicable, and our fiscal year
2022 budget request highlights all such training as a priority.
Additionally, as a result of January 6, the Operational elements of
the Department have identified the need for new officer safety
equipment based on the evolving threats and physical security
requirements for the Capitol Complex. In the weeks and months ahead, I
will be working with the AOC to jointly produce recommendations for the
physical hardening of the Capitol Complex as well as identify USCP
facility needs to ensure appropriate space is obtained by the AOC for
the growing USCP workforce as well as the storage space for the new
equipment needed to appropriately execute our mission.
As a result of the aforementioned priorities, the fiscal year 2022
General Expenses portion of this budget request was developed with an
emphasis on providing specialized training for our employees as well as
investing in the tools and technologies we need to maintain the highest
level of readiness. This includes items such as protective travel;
mandatory training; hiring, outfitting, and training new sworn
personnel; upgrading and maintaining security equipment; updating and
maintaining the motor vehicle fleet; providing uniforms, weapons, and
ammunition for all sworn personnel; access to the employee assistance
program; and other non-personnel needs.
The General Expenses request is $137.47 Million, which is an
increase of $49.96 Million. For Salaries and General Expenses together,
the total budget request for the fiscal year 2022 annual budget
appropriation is $619.22 Million, which is an increase of 20.96 percent
over fiscal year 2021 enacted levels.
I want to again reiterate that our officers who are on the job 24
hours a day, 365 days a year, are our greatest assets in helping to
prevent and respond to threats. To ensure that the USCP is always at
the ready to keep the Capitol Complex safe and secure, it is important
that we make these crucial investments at this time. While our fiscal
year 2022 budget request was reformulated in the aftermath of the
January 6 events, it was developed as a result of a deep analysis
within the Operational elements of the Department for what is necessary
to meet the mission. I believe that all of the new operational
requirements, and necessary support components to support Operations,
requested in this budget will do just that--allow us to continue to
meet our mission now and into the future.
Prior to January 6, the Department had prepared an fiscal year 2022
budget justification that represented a $36 million increase over the
fiscal year 2021 enacted level. The events of January 6 caused the
Department to reevaluate its budget justification, specifically around
the emergency needs to meet the emerging threats and risk. The revised
fiscal year 2022 budget justification representing a $107 million
increase includes many of these emergency needs that are reoccurring.
While long-term funding for these needs will be necessary in our base
funding going forward, the Department could certainly benefit if the
funds could be provided sooner through other means.
And lastly, the USCP has a professional working relationship with
the Capitol Police Board, its oversight Committees, the USCP Inspector
General and the USCP labor unions to review options for efficiencies
where possible. It is my intention to not only continue engagement, but
to improve these relationships so that together the Department becomes
holistically stronger. In the coming months, it is anticipated that
there will likely be a significant number of formal recommendations
that result in the need for substantial additional human and budgetary
resources based on the January 6, 2021 review by the USCP Inspector
General, third-party assessments being conducted, and other potential
congressional reviews. The Department is committed to working with the
subcommittee to seek any such resources to address these potential
recommendations via future budget requests, amendments to the current
budget justification, or other vehicles as appropriate.
We realize that these requests for funding, as well as those
resulting from the other reviews and recommendations, will present
challenges to the Congress as it considers the appropriate funding
levels for the Legislative Branch. The Department is prepared to work
closely with the subcommittee to provide a clear understanding of the
Department's requirements and to prioritize these items as necessary.
Mr. Chairman, thank you again for the opportunity to discuss the
United States Capitol Police's fiscal year 2022 budget request and our
priorities for this coming year. We will continue to work closely with
you and the subcommittee to ensure that we meet the needs of our
officers and the Department as well as the expectations of this
Committee and the Congress.
I would be pleased to answer any questions that you may have at
this time.
Senator Reed. Thank you, Chief.
Mr. Blanton, please.
STATEMENT OF HON. J. BRETT BLANTON, ARCHITECT OF THE
CAPITOL
Mr. Blanton. Thank you, Chairman Reed, Ranking Member
Braun.
On behalf of all my employees, I want to thank you for the
kind opening remarks, mentioning my employees. I am truly proud
of them.
Chairman Leahy, and Members of the subcommittee, I
appreciate the opportunity to present the Architect of the
Capitol's fiscal year 2022 budget.
It has been a whirlwind year since I began my tenure as the
12th Architect of the Capitol. In that time, I have been amazed
by the level of commitment and professionalism displayed by our
staff. We have been in pandemic operations for over a year. We
supported four lying in state, or honor ceremonies, we survived
the breach on January 6, and we successfully prepared and
supported a presidential inauguration.
This request introduces several new initiatives that will
address many of the most critical needs of the Architect of the
Capitol, and the Capitol community, including committing
ourselves to long-term planning, and developing strategies that
will prepare facilities and grounds under our care for the next
century.
AOC INITIATIVES
One of these strategies is development of an Enterprise
Asset Management system, also known as EAM, to aid in
decisionmaking regarding operating, maintaining, renewing
facilities and infrastructure assets, such as buildings,
equipment, and machinery in a manner that achieves industry
standards and best business practices.
Coupled with the commitment to better ensure our request is
aligned with the expected service levels we will use Enterprise
Asset Management (EAM) to proactively administer maintenance-
based strategies, reduce deferred maintenance, backlog, restore
reliability, reduce long-term costs, and provide a system to
forecast resource requirements, to ensure assets meet the
expectations of the congressional community. Numerous studies
have shown that the ISO 55000 EAM system that we will implement
has a return on investment in under 5 years.
This budget also reinforces my commitment to AOC's
employees by developing a human capital strategy that will
bolster our efforts to acquire, develop, train, retrain a
talented, diverse, and highly-skilled workforce that is
prepared for the future. We aim to transform AOCs, the human
capital landscape by ensuring workforce readiness, closing
skills gaps, and maximizing employees' talents skills, and
competencies.
DEFERRED MAINTENANCE BACKLOG
Now the campus has a deferred maintenance backlog of $1.8
billion. The fiscal year 2022 Capitol budget seeks to address
over $78 million in deferred maintenance needs, and also invest
almost $90 million in projects that were new or improve aging
infrastructure, such as fire alarms, Campus intrusion, ADA
compliance, environmental systems, and electrical distribution.
In total, over 80 percent of the construction dollars
requested addressed our backlog. The AOC's risk-based project
prioritization process identified $171.5 million for Capitol
projects, of this $92.7 or 54 percent are projects that did not
receive funding in fiscal year 2021. This includes projects to
address identified fire and life safety deficiencies stemming
from the lack of a building-wide sprinkler system in the U.S.
Capitol building, which would bring it to code compliance. If
not funded, the building remains at risk of flame spread in the
event of a fire.
In addition, the lack of funding for a full sprinkler
protection system leaves the Capitol building reliant on fire
departments to suppress all but the smallest fires,
jeopardizing life safety, as well as the historic assets.
The agency also requests funding for critical--critical
utility distribution projects at the Capitol Power Plant an
offsite facility.
Funding is required for Phase 5 of the Refrigeration Plant
Revitalization program, which will remove 40-year-old piping
and provide additions to the older West Refrigeration Plant
equipment to bring it up to date.
Earlier this year, chilled water pipe broke and spilled
over 200,000 gallons of water a day, it impacted servers and
congressional recording studio spaces. Phase 5 of the
Refrigeration Plant Revitalization is imperative to prevent a
complete shutdown of various congressional operations if
another pipe breaks. Off campus, we need to replace aging
refrigeration units with dual-use, energy-efficient units
within the data centers to reduce the risk of interruption to
daily operations, reduce energy consumption and reduce our
carbon footprint.
FUTURE FACILITY SECURITY NEEDS
Finally, as we continue to address the Capitol's future
facilities' needs in the aftermath of January 6 breach, I would
like to take a moment to thank the subcommittee for your
support of a campus-wide facility assessment. This assessment
will coordinate and collaborate with campus partners, including
the two sitting next to me, to identify necessary security
upgrades to facilities and infrastructure on the Capitol.
It will evaluate options and the engineering requirements
necessary to accomplish those options and provide the
subcommittee with budget-level details needed to make decisions
on potential project resource needs.
I look forward to continuing working with you and with my
colleagues joining me on this panel today, as we assess the
physical security needs. This physical assessment is underway,
and I expect to have initial information with you in the coming
weeks.
During my selection and confirmation process, I promise to
transform the AOC. This budget request is the first step of
that transformation.
Additionally, last year I promised to emphasize deferred
maintenance and emergent needs for our facilities. I am
confident this request coupled with the changes we are actively
incorporating throughout our agency, represent a major step
forward in the beginning of the future of AOC.
I appreciate your thoughtful consideration for our budget
request. Thank you for your time. I am happy to answer your
questions.
[The statement follows:]
Prepared Statement of Hon. J. Brett Blanton, Architect of the Capitol
Chairman Reed, Ranking Member Braun and Members of the
subcommittee, I appreciate the opportunity to present the Architect of
the Capitol's (AOC) fiscal year 2022 budget request of $865 million.
It has been a whirlwind year since I began my tenure as the 12th
Architect of the Capitol. In that time, I have been amazed by the level
of commitment and professionalism displayed by our staff. We have been
in pandemic operations for nearly a year, we supported four lying in
state or honor ceremonies, we survived a building breach on January 6
and we successfully prepared and supported the presidential
inauguration.
As a part of the agency's fiscal year 2021 budget request, I
committed to conducting a top-down assessment of the agency to identify
the most urgent needs and address the critical issues. The agency's
fiscal year 2022 budget request is the result of that review and serves
as the beginning of the transformation of the AOC into a world-class
service agency. Additionally, this budget request serves as the
foundation for the future of the Capitol campus.
This request introduces several new initiatives that will address
many of the most critical needs of the AOC and the Capitol community,
including committing ourselves to long-term planning and developing
strategies that will prepare the campus for the next century and begin
to address the agency's $1.8 billion backlog in strategic and
systematic manner.
One of these strategies is the development of an Enterprise Asset
Management (EAM) system to aid decisionmaking regarding operating,
maintaining and renewing facilities and infrastructure assets such as
buildings, plants, machinery, vehicles and construction equipment in a
manner that achieves industry standards and best business practices.
Coupled with a commitment to better ensure our request is aligned with
expected service levels, we will use EAM to proactively administer
maintenance-based strategies and reduce the deferred maintenance
backlog, which includes more than $220 million in work in the Senate
buildings under our care. In addition, EAM will allow us to mitigate
obsolescence, restore reliability, reduce long-term costs and provide a
system to forecast resource needs requirements to ensure assets are
secured, maintained and meet industry standards for viability. Numerous
studies have shown that the ISO 55000 certified EAM system we will
implement has a return on investment of approximately 5 years.
This budget also reinforces my commitment to the AOC's employees by
developing a human capital strategy that will bolster our efforts to
acquire, develop, train and retain a talented, diverse and highly
skilled workforce that is prepared for the future. We aim to transform
the AOC's human capital landscape by ensuring workforce readiness,
closing skills gaps and maximizing employees' talents, skill sets and
competencies.
In addition, we will strengthen access to skills training by
establishing a new AOC University, which will ensure people have the
skills to perform their jobs well and can improve their skills to
better position themselves for advancement. It will also transform the
organization and culture of the AOC by investing in employee outreach
and training programs that focus on skill-building activities designed
to improve employee and stakeholder experiences, teach conflict
resolution skills and improve teamwork and customer service.
As I have said since my first day with the agency, the overall
success of the AOC begins with our staff. The ability of our central
services to support our front-line operations is critical to the
organization's success. Included in this budget request is an
aggressive plan to on-board needed staff who are essential toward
supporting the needs and services of Congress.
The safety of Members and staff on the Capitol campus is my highest
priority. As such, code compliance, including the Americans with
Disabilities Act (ADA), is another area where we are seeking
transformative change. Under the proposed Building Official Program,
dedicated experts will ensure stakeholders follow the same set of
established building codes and request approval of their work through a
permit process. The agency will track all construction and
infrastructure work in a centralized data, management and oversight
system. This proposal allows for independent verification that
infrastructure and construction work performed at AOC-managed
facilities and grounds consistently meets established building codes
and enterprise facility standards. This is similar to the model used by
many at State and local governments and will ensure safe and code-
compliant work on the Capitol campus.
Additional staffing is also required to meet the emerging
requirements to ensure the cleanliness of the Capitol campus as we
transition to a new normal after the COVID threat. This budget request
introduces the concept of Service Level Agreements (SLAs) for
janitorial services. These SLAs transparently outline specific levels
of cleanliness and the associated cost for these services. In future
budgets, we will expand these SLAs to all products and services the AOC
delivers so there are measurable standards of service on the Capitol
campus.
Regarding our continued COVID-19 response, our commitment toward
ensuring that adequate measures are taken to mitigate the threat of
COVID-19 across the Capitol campus has not been met with the required
financial support. Other than our initial installment of funding, which
is fully obligated, the AOC has been forced to use our critical
infrastructure and security project funding to support Congress at a
service level required for enhanced cleaning and acquire necessary
personal protective equipment (PPE).
Maintaining vigilant and strict adherence to COVID-19 protocols,
the AOC has successfully continued facility operations and delivered
quality projects to Congress and our legislative and judicial branch
partners. Several ongoing projects remain on-schedule, including the
multi-year, multi-phase exterior stone restoration projects at the U.S.
Capitol and Russell Senate Office Building. Also, as of the end of
April, we have completed over 70 percent of the Senate moves, with 16
of the 22 offices selected in the 117th Congress moved into their
renovated spaces. This effort represents the renovation of over 61,000
square feet of office space in the Russell, Dirksen and Hart Senate
Office Buildings.
With the committee's encouragement, we launched the Urban
Agriculture Resilience Program last spring to support food-growing
programs at public gardens affected by COVID-19 and to address emerging
food insecurities due to the global pandemic. We assisted 19 States and
Washington, D.C. in the growing and distribution of produce to
communities with food access challenges. This model was a success, and
now with lessons learned and an experienced team in partnership
agreements on board at the U.S. Botanic Garden, we believe this
community support can be successfully expanded to encourage more COVID
gardens.
In addition to this critical work, I am proud to announce that the
AOC received its 16th consecutive unmodified clean audit opinion of its
financial statement. We also received our ninth consecutive Certificate
of Excellence in Accountability Reporting award from the Association of
Government Accountants. These recognitions are evidence of our
excellence in financial management and provide transparency of our
stewardship of the public's funds.
The agency's fiscal year 2022 capital budget request seeks to
continue this progress by addressing over $78 million in deferred
maintenance needs across campus to begin our process of reducing the
backlog. It also invests almost $90 million in projects that renew or
improve aging infrastructure such as fire alarms, campus intrusion,
environmental systems and electrical distribution.
The AOC's risk-based project prioritization process identified
$171.5 million for capital projects. Of this, $92.7 million, or 54
percent, is for projects that did not receive funding in fiscal year
2021. This includes the project to address identified fire and life
safety deficiencies stemming from the lack of a building-wide sprinkler
system to bring the U.S. Capitol into code compliance. If not funded,
the building remains at increased risk of flame spread in the event of
a fire. In addition, the lack of full sprinkler protection leaves the
U.S. Capitol building reliant on the fire department to suppress all
but the smallest fires, jeopardizing life safety as well as historic
assets and features.
The agency is also requesting funding for critical utility
distribution projects at the Capitol Power Plant and offsite
facilities. Funding is required for Phase 5 of the Refrigeration Plant
Revitalization program, which will remove 40-year-old piping and
includes various replacements and additions to bring the older West
Refrigeration Plant equipment up to date. Earlier this year, chilled
water piping broke and spilled over 200,000 gallons of water a day,
impacting servers and congressional recording studio spaces. Phase 5 of
the Refrigeration Plant Revitalization is imperative to prevent a
complete shutdown of various congressional operations if another pipe
breaks. Off-campus, we need to replace aging units with dual-use,
energy-efficient units within the data centers to reduce the risk of
interruption to daily operations, reduce energy consumption and reduce
our carbon footprint.
As I mentioned earlier, code compliance is an important element in
this request. We are seeking to address critical upgrades to life
safety systems across campus. Fire alarm and sprinkler system upgrades
at the U.S. Capitol, U.S. Botanic Garden and the James Madison Memorial
Building will address code deficiencies, reduce the risk of system
failure and improve facility safety for building occupants.
I would also like to mention the continued need to address a
growing backlog of work at the aging Library of Congress facilities.
Stained-glass window and roof repairs at the Thomas Jefferson Building
are long overdue, and the failure to properly address water
infiltration stemming from the James Madison Memorial Building's sixth
floor terrace poses a threat to the historical collections housed in
this facility.
Finally, as we continue to assess the Capitol's future facility
needs in the aftermath of the January sixth breach, I would also like
to take a moment to thank the subcommittee for your support of a
campus-wide facility assessment. This assessment will identify
necessary security upgrades to the facilities and infrastructure on
Capitol Hill through coordination and collaboration with campus
partners. It will evaluate options, and the engineering requirements
necessary to accomplish those options, to provide the committee with
budget-level details needed to make decisions on potential project and
resource needs. This assessment is underway and I expect to have
initial information to you in the coming weeks.
During my selection and confirmation process, I promised to
transform the AOC. This budget request is the first step in that
transformation. Additionally, last year, I promised to emphasize
deferred maintenance and emergent needs required for our facilities. I
am confident that this request, coupled with the changes we are
actively incorporating throughout the agency, represents a major step
forward and the beginning of the future for the AOC.
I appreciate your thoughtful consideration of our fiscal year 2022
budget request.
Thank you for your time. I'm happy to answer your questions.
Senator Reed. Thank you very much, Mr. Blanton.
General Gibson, please.
STATEMENT OF HON. KAREN H. GIBSON, SERGEANT AT ARMS AND
DOORKEEPER OF THE SENATE
General Gibson. Chairman Reed, Ranking Member Braun,
Members of the subcommittee, I appreciate the opportunity to
discuss the Sergeant at Arms fiscal year 2022 budget request.
I have served as the 42nd Sergeant at Arms for 30 days. I
did not seek this position, but I am grateful for the
opportunity, and gladly accept my responsibilities.
Like so many Americans I was aghast, appalled and deeply
angered to watch the violence that unfolded at the Capitol on
January 6. I volunteered my services to the House Security
Review Task Force because I wanted to do all that I could to
ensure such an assault never happens again.
As a member of that security review team, Task Force 1-6, I
gained valuable insights into many of the operational and
institutional challenges associated with securing the Capitol.
Now that I am at work in the Senate, I continue to learn about
processes that need improvement or additional resources. My top
priority is to develop, with my partners, a comprehensive plan
to keep the Capitol and its occupants safe.
As the Sergeant at Arms identifies and refines requirements
for improvement or enhancement, we will work closely with and
rely on the Architect of the Capitol for design and
construction expertise, and the United States Capitol Police to
provide operational capabilities. We are guided throughout by
the desire to maintain a secure open campus that balances
access and security.
I believe the Congress will likely need supplemental
appropriations beyond this baseline budget request to
strengthen our physical security infrastructure and improve
operational readiness.
I look forward to working in partnership with the
subcommittee as we make responsible decisions on topics such as
fencing, technology and building access points. Together, we
will make informed decisions when allocating appropriated
funds.
For fiscal year 2022 the Sergeant at Arms requests an
increase of $53.7 million and 30 additional personnel to
support the Senate. Fully funding our request would provide the
Sergeant at Arms with $281.7 million and 957 employees to
directly support the Senators, staff and constituents we serve.
The majority of this requested increase will support the
Senate's business continuity and disaster recovery needs. For
instance, when the COVID pandemic hit last spring, the Sergeant
at Arms incurred $2 million in unanticipated costs to support
Senate operations during the ensuing quarantine period
expanding IT bandwidth and buying needed equipment to quickly
transition to virtual hearings and a remote work environment.
Nor had the Sergeant at Arms forecast requirements associated
with Hurricane Laura, which destroyed two State offices last
summer. Establishing a $25 million dollar business continuity
and disaster recovery fund will position the Sergeant at Arms
to quickly respond to the requirements that often develop
immediately in the wake of an unplanned event or natural
disaster. We would treat any expenditures from this fund as
reprogramming requests, requiring your express approval as part
of our commitment to transparency.
Of the 30 additional FTEs requested, 14 respond to the
increased level of threats against Senators' physical security,
as mentioned by Chief Pittman. These new hires will coordinate
with the Capitol Police, as well as local, State and Federal
law enforcement, the House Sergeant at Arms, and Executive
Branch partners to improve our threat intelligence and
information-sharing capacity. Their coordinated efforts will
help us plan against and better prepare to respond to known or
anticipated threats.
That said, the Senate's most persistent threats are in the
cyber domain with daily intrusion attempts by increasingly
sophisticated and aggressive cyber adversaries. This budget
supports year four of the Sergeant at Arms' proactive work to
detect, react to, and when needed, recover the Senate network
from advanced cybersecurity threats.
Eleven new hires will support the Chief Information
Officer, strengthening the resiliency of our IT systems,
improving the quality of applications developed for Senate
users, and expanding capacity to respond to Help Desk requests
and equipment needs.
Five new hires will provide additional services for the
Senate community. I appreciate the subcommittee's support of
the FTE we were able to forward hire this fiscal year for the
Employee Assistance program, as well as a second FTE requested.
Two licensed counselors joined the EAP this month,
responding to increased demand for their services. Thanks to
your support, the EAP remains a free and confidential resource
to the Senate as we collectively navigate our way through
challenging circumstances.
Finally, three additional FTE will improve the quality of
our acquisition packages, support Senate staff in utilizing new
technology, and implement a customer-focused parking management
system.
I mentioned the Sergeant at Arms work to transition to a
remote hearing posture as part of the pandemic response. By the
end of the week the Senate recording studio will have produced
390 remote or hybrid remote hearings.
Given the importance of technology to conducting our
legislative business, the Sergeant at Arms is coordinating with
the Architect of the Capitol and the Committee on Rules and
Administration to replace the audio visual equipment and
systems in Senate hearing rooms that is near to, or past, the
end of its serviceable life. We will replace critical equipment
in three hearing rooms this fiscal year, including Hart 216,
which repeatedly lost audio during the confirmation hearing for
Justice Barrett. We request $5 million for the next phase of
this long-term effort.
I will close by saying that as I began my second month in
this job, and familiarize myself with our diverse Sergeant at
Arms operations, I am impressed daily by the professionalism
and commitment of the women and men who work behind the scenes.
We are committed to honoring the Senate's traditions while
embracing innovation to better secure and support the Senate's
operations.
I am ready to answer your questions. And thank you for your
support.
[The statement follows:]
Prepared Statement of Hon. Karen H. Gibson, Sergeant at Arms and
Doorkeeper of the Senate
The Office of the Senate Sergeant at Arms (SAA) respectfully
requests $281.774M in appropriations for fiscal year 2022, a 23.5
percent increase from the fiscal year 2021 enacted level. The increase
will better position the SAA to strengthen the security of the Capitol
Complex and the Members, staff and their constituents we serve, support
the business continuity and disaster recovery needs of the Senate, and
harden our cybersecurity while modernizing the Senate's information
technology (IT) systems. We need 30 additional staff in support of
these priorities, which would bring our total end strength to 957 full-
time equivalents (FTE).
The events of January 6 and April 2 require the SAA, in
coordination with the House Sergeant at Arms (HSAA), Architect of the
Capitol (AOC), and United States Capitol Police (USCP) to assess our
physical security infrastructure and staffing posture. This
collaborative review and commitment to strengthening our operational
readiness has identified a number of near-term improvements. We
anticipate additional requirements as we continue our collective
assessment. We remain mindful of the desire for a more accessible
campus, both in the near-term and following the pandemic.
As we define these critical requirements and implement solutions,
the SAA will rely on the AOC for its design and construction expertise,
as well as the USCP for its operational requirements. Together, we will
make informed decisions as responsible stewards of appropriated funds.
The following narrative provides additional information on the
SAA's fiscal year 2022 request and management of previously
appropriated dollars in support of the Senate.
physical security and emergency preparedness
Business Continuity and Disaster Recovery
$25 million in no-year funds is requested to allow the Senate to
quickly meet unanticipated needs, whether a natural disaster, pandemic,
or events such as those of January 6, 2021. The Business Continuity and
Disaster Recovery fund will ensure Senate essential services continue
without interruption. This includes IT disaster recovery planning and
operations, business continuity planning and operations, emergency
communications, and general contingency capabilities, positioning the
Senate to operate under any environment.
Emerging requirements often develop quickly, post event. This
became apparent after the pandemic, where we executed over $2 million
in support of IT software, hardware, increased Internet bandwidth,
conferencing services, applications, and burst increase for the Virtual
Private Network (VPN). January 6th identified the need for new
technologies and applications that provide better situational
awareness, encryption, and enhanced communications capabilities.
Contingency Programs
Level funding is requested to develop, maintain, and exercise our
continuity plans. In fiscal year 2022, the SAA will continue testing
and exercising Senate capabilities with its partners, including the
Secretary of the Senate. One week-long mobility and relocation exercise
will task the Senate continuity community with deploying vehicles,
equipment, and staff to an offsite location; setting up functioning
offices; and performing essential functions as if the Senate had
relocated to a continuity site. We expect exercise results to
contribute to the refinement of plans, reinforce training, identify
capability gaps, and inform future investments.
Emergency Preparedness
An increase of $1,237,000 and one additional FTE is requested for
emergency preparedness. The SAA continues to educate, train, and
exercise emergency plans and procedures to ensure Members and staff are
equipped with the necessary knowledge, skills, and tools to prepare
for, respond to, and recover from a variety of emergencies.
We updated 157 Emergency Action Plans in 2020, and plan to update a
similar number in both 2021 and 2022. These plans provide information
such as detailed evacuation routes, elevator locations for the
mobility-impaired, and office specific procedures for evacuation,
shelter in place, relocation/internal relocation, and escape hood use.
A custom office emergency reference card staff can adhere to their
badges is also produced upon Emergency Action Plan finalization. For
fiscal year 2022 and fiscal year 2023, we plan to streamline the
Emergency Action Plan process by moving it to an online application,
which will make it easier for Office Emergency Coordinators to review,
update, and finalize plans.
We assisted 52 Member offices and committees with completing their
Continuity of Operations plans and trained 28 Member office and
committee staff on continuity planning, strengthening the Senate's
ability to continue performing its essential functions during and after
disruptive events. We updated the Member office and committee COOP plan
templates with lessons learned from the Russell Senate Office Building
fire incident and the pandemic. We also moved all Member office COOP
plans to the online Accountability and Emergency Roster System
(ALERTS), making it easier for COOP Action Officers to review, update,
and finalize documentation.
In the past year we developed virtual training for remote staff on
topics such as Escape Hood and Emergency Preparedness, Office Emergency
Coordinator, ALERTS, Remote Check In, Emergency Action Planning, and
Personal Preparedness. Approximately 900 Senate staff took advantage of
this opportunity. The Member Emergency Preparedness training was
provided virtually to seven new Senators.
In addition to trainings, our office distributed guides informing
staff on how to respond to threatening situations, protestors, and
other emergencies. Our office created and released a new customizable
Personal Preparedness Plan for the Senate community.
We supplied and maintained emergency supply kits, annunciators,
victim rescue units, and escape hoods (including baby escape hoods) for
Senate offices. The fiscal year 2022 budget request includes an
increase of $117,000 to support the replacement and replenishment of
victim rescue units and $995,000 for escape hoods that have reached the
end of their useful life.
The Emergency Preparedness office worked with the CIO to
restructure USCP alert messages in ALERTS by separating them into life
safety alerts and administrative alerts. All DC staff now receive life
safety alerts whenever a protective action is required on Capitol Hill.
Administrative alerts for routine events such as road closures,
suspicious packages, demonstrations, and door closures continue to be
optional for Senate staff. For fiscal year 2022 and fiscal year 2023,
we will update the Remote Check-In application to better capture
accountability data from the Senate community pertaining to life safety
events.
Our fiscal year 2022 initiative to bring the Personnel
Accountability System (PAS) under joint Senate and House of
Representatives management will improve the Senate's ability to conduct
Member and staff boarding and manifesting during emergencies, as well
as ensure accurate accountability rosters at various locations.
We are expanding our Call Center and Family Assistance Center
planning efforts by engaging with the District of Columbia should this
service be needed during a mass casualty event affecting Capitol Hill.
We appreciate the Committee's support to provide funds needed to
replace the legacy annunciator system with the Joint Audible Warning
System (JAWS). The new system will provide an encrypted, remotely-
manageable audible warning system with coverage in required areas of
the Capitol complex. The project has been divided into two phases: the
first phase consists of in-building design and radio frequency
collection and study work to lead to a final proposal; the second
optional phase includes equipment purchase and installation. The
project is currently in phase one and detailed building walkthroughs of
the entire Capitol complex are complete. The vendor and the project
team are now working on detailed analyses of each building to properly
scope and design the system. As of February 2021, the following items
remained to be completed in phase one: AOC to complete a cable path
design in the Cannon House Office Building; vendor to recommend and the
team to determine feasibility of additional transmission sites; and
additional technology design work for in-building Distributed Antenna
System to provide coverage in limited areas where rooftop transmitters
cannot reach. The latter requires coordination with the SAA program
manager to validate the concept and ensure it does not impact the
reception coverage needed in the Capitol complex. This plan will be
briefed to Leadership and the Committee regarding any changes in design
or cost before phase two initiation, once the vendor submits a final
proposal expected in April 2021. This budget submission includes an
increase of $125,000 to ensure radios and other equipment can be
replaced at the end of their expected lifecycle.
In fiscal year 2019/2020 we completed a year-long pilot program
with the Committee on Energy and Natural Resources to install an alert
beacon in their hearing room for silent visual notification to the
Chief Clerk, who can then determine a response to the emergency
message. Although expansion was paused due to pandemic restrictions, we
look forward to expanding this feature to other committees in the
upcoming year.
We are collaborating with the House, USCP, AOC, and Library of
Congress to update, manage, and exercise joint communications plans and
procedures for various communications devices. We are working with the
Executive Branch and other partners to expand priority and preemption
cellular services to select Senate users, as well as provide access to
secure communications devices as needed during highly congested events.
Intelligence and Protective Services
$2,125,000 and an additional nine FTE are requested for the Office
of Intelligence and Protective Services. We expect an increase in
Member-specific requests throughout fiscal year 2022 similar to the
significant increase in perimeter and personal security requests during
Inauguration, following the events of January 6. Four Intelligence and
Critical Infrastructure Security Analysts are needed to engage with the
intelligence community and obtain information needed to make
operational decisions. These analysts will participate in offsite task
force assignments focusing on trends regarding domestic and
international incidents, as well as threat and cybersecurity
vulnerabilities affecting Members and the Capitol. Three Open Source
Analysts and two Threat Management Analysts are needed to prevent
reporting gaps to investigative authorities and to ensure timely work
products as threat activity volume increases, particularly threat
activity directed towards Members and their families. These analysts
will monitor and inform Members, their staff, and SAA leadership of
known criminal threat cases by actively engaging with the Federal
Bureau of Investigation, USCP, and other intelligence agencies to
receive and share data while following open source information and
threat assessment reports.
We proactively research and analyze such material and engage with
community partners and subject matter experts to maintain security-
related situational awareness and identify threat data against Members,
their families, and staff. In the first half of fiscal year 2021, we
discovered over 456 comments of concern, which we referred to USCP,
resulting in more than 190 criminal threat violations, an already 102
percent increase over fiscal year 2020. We anticipate an increased use
of social media, as well as encrypted messaging, to intensify
disinformation and extremist ideologies, ultimately leading to
exponentially more threat discoveries in fiscal year 2022.
SAA collaborates with USCP and other law enforcement agencies to
ensure appropriate notification and communication with specifically
targeted Members and staff while continuously monitoring, evaluating,
and conducting vulnerability, risk, and threat assessments to determine
and apply suitable security measures and protective operations
coverage. For the first half of fiscal year 2021, we tracked,
monitored, and updated Members and staff on over 292 active criminal
threat cases, already more than a 24 percent increase from fiscal year
2020.
Member Outreach and Security Coordination
An additional four FTE are requested for the SAA Office of Member
Outreach and Security Coordination (MOSC), which provides security
support to Senators and staff in DC and State offices. Support includes
security assessments and law enforcement coordination for public and
private events; law enforcement notifications for identified rest
overnight locations; escort coordination at airports, train stations,
and other mass transit locations; enhanced residence patrols;
assessment and law enforcement coordination for security assistance at
public events; overseas travel assessments and coordination; tools for
off campus safety and reporting procedures; SAA security training
initiatives; and overall security posture enhancements.
MOSC has engaged in active outreach and discussions regarding
active threat and criminal cases directed at Members and staff, as well
as weekly reinforcement messages to Chiefs of Staff, Administrative
Managers, State Directors, Chief Clerks, and Schedulers regarding
campus safety initiatives. Additionally, MOSC participates in security
awareness briefings for Senate office staff alongside USCP
counterparts.
Each effort is undertaken to ensure Members and their staff receive
the necessary guidance, tools, and support when planning and attending
national public events. We provide offices with a final product
highlighting the overall threat level, specific areas of concern, and
local law enforcement contact information. Through this extensive
outreach initiative, MOSC has completed approximately 139 law
enforcement coordination and assessment requests, 509 law enforcement
escort requests, 151 travel notifications, and 39 rest overnight
notifications and enhanced patrols during the first half of fiscal year
2021. This represent a 320 percent increase over the same timeframe
last year. We are on track to nearly triple the approximately 437 total
requests completed in fiscal year 2020.
Security Planning and Police Operations
Level funding is requested to coordinate law enforcement support
for the Senate community in collaboration with the USCP. fiscal year
2020/2021 efforts include coordinating 520 Senate campus access
requests; working with the Committee on Rules and Administration and
USCP to identify and publish numerous door and barricade restrictions
during recess periods, special events, and holidays. The SAA
coordinated security coverage for 314 committee hearings and 15 Member-
specific security requests. We partnered with USCP to support
residential security assessments for Members. We reinstituted Security
Awareness Briefings for Senate staff, and have held more than 50
sessions to provide information covering a variety of security-related
topics thus far in 2021.
Our office provides real-time situational awareness through USCP
Command Center support. Our staff are on duty all hours the Senate is
in session, and throughout normal business hours during periods of
recess, to allow for regular contact between our office, USCP, and the
Senate community throughout routine operations, special events, and
emergencies. We monitored approximately 421 security events through
this program in 2020.
The overall Office of Security and Emergency Preparedness
information technology infrastructure consists of at least 10
interconnected and stand-alone systems that provide alert notification
and accountability support to offices, incident management, parking
operations, badge production, campus access, fleet management, and
secure communications for the Senate. There are two complex legacy
systems that need focused effort to modernize, specifically the Parking
Management System that manages parking operations for SAA parking lots,
and the Identification System that produces Senate IDs. These systems
require an additional, dedicated FTE who can manage development and
maintenance in coordination with the CIO.
information systems and security
Cybersecurity
The SAA endured a number of cyber events, to include the recent
Solar Winds hack that impacted a number of executive branch and
commercial organizations. The Senate remained unaffected. To remain
ahead of potential cyber threats, we request an increase of $1,850,000
to: replace a legacy ticketing system with modern technology that also
manages cyber incident response tickets; procure the next generation
firewall and cloud-based filtering technology to better defend cloud
services; acquire an application that will actively identify
vulnerabilities on Senate devices; secure the ability to predict and
adapt to intelligence feeds from malign actors in social media; and
mature the method by which Senate users connect to the Senate network.
During fiscal year 2022, we will focus on our five main lines of
effort: Cybersecurity Resilience Assessment Methodology (CRAM), Office
CRAM, Insider Threat, Awareness, and Cloud.
We completed the development of the CRAM methodology, and are
finalizing the testing of the standardized methodology to ensure it is
effective and efficient. Next, we will conduct advanced cybersecurity
resiliency assessments for Senate offices and committees that include
coordinated penetration tests, vulnerability assessments, and advanced
phishing assessments, among other actions. These advanced assessments
will also evaluate the effectiveness of the Cyber Security Operations
Center, as well as information technology systems supporting the Senate
network. We will concentrate on mitigating risk associated with the
potential insider threat, through education and technical means. We
will mature our cybersecurity awareness campaign in collaboration with
other agencies. Finally, we will evaluate gaps in cyber and privacy
security as it relates to cloud-based services and other technologies,
and will work to develop and post relevant cybersecurity policies to
the Senate community. Through the standup of a contracting review
board, we review all awarded contracts for legal, cybersecurity, and
privacy risks.
End User Technology Innovation
Our ability to innovate for the end user lags, due to day-to-day
operational requirements. Building applications and applying
configuration standards to secure computing platforms, while
maintaining maximum convenience and flexibility from the end user's
point of view, will help to ensure successful deployment, increased use
and greater end user productivity. To support this effort, the fiscal
year 2022 budget includes a request for two additional FTE. An IT
Manager is needed to supervise existing personnel responsible for the
innovation and evaluation of solutions that are delivered directly to
end users. This includes the assessment of new desktops, laptops,
printing and scanning solutions, smartphones and tablets and how we
provision, deploy, and update them. A Principal Quality Assurance
Analyst is needed to strengthen the quality of custom applications
before they are released to production.
Secure and Mobile Communications
$988,000 and two additional FTE are requested to oversee the
engineering, implementation, and operations for the Senate's IT
Continuity and Disaster Recovery Programs. This includes management of
the Senate's radio infrastructure, communication security (COMSEC),
mobile command vehicles, satellite communications, voice and data
connections to continuity sites, as well as datacenter resiliency and
continuity.
The requested funding and additional staff will enhance the
Senate's continuity resiliency and further protect our Continuity of
Operations assets. This includes the acquisition of radio management
software to allow for remote configuration and management of both
mobile and portable radios; the protected storage for a mobile
communication vehicle and satellite communication assets; and
additional hardware (laptops and radio infrastructure) to facilitate a
more robust continuity response.
Security Enhancements
We work closely with offices on multi-factor authentication (MFA)
to enhance the security of the Senate IT infrastructure. In fiscal year
2021, we further secured access to critical Senate services and data
with the implementation of Duo Trusted Endpoints (DTE). DTE prevents
unauthorized device access to Senate services protected by MFA.
Throughout fiscal year 2022, we will enhance integration of MFA with
more Senate applications and additional developments in secure
password-less authentication.
To address the ongoing need for increased security of highly
privileged accounts, we expanded enrollment into Privileged Access
Management (PAM) to include accounts used by office System
Administrators. PAM significantly increases the security posture of the
Senate information systems, protecting the most sensitive data by
limiting exposure of privileged credentials and protecting access to
those credentials with MFA.
The Identity and Access Management (IAM) program remains
strategically important as it ensures users of IT resources have the
right access to the right systems and data from initial onboarding
through their tenure at the Senate. IAM ensures access to all systems
and data terminates once a staff member is no longer an employee of the
Senate. SAA CIO plans to deploy IAM in a pilot program late in 2021.
With the increased adoption of cloud services across the IT and mobile
device landscape, it is essential that a user's access to the proper
systems and data can be managed efficiently and securely. Additionally,
cloud products rely on user licenses to access these services, and the
ability to correctly license and delicense users is essential to
control costs. Our fiscal year 2022 budget request identifies a need
for an additional FTE to configure and support the IAM system.
Enterprise and Network Services
$1,648,000 is requested in fiscal year 2022 for the data centers
and related network operations. An additional $750,000 is requested to
cover the expenses associated with the joint encrypted communications
study and related implementation.
In fiscal year 2020, we refined the data center modernization
strategy to include a transition to two geographically-separated Tier 3
colocation facilities, enhanced resiliency of critical IT services, and
improved physical security. During fiscal year 2020 and fiscal year
2021, we completed network infrastructure and extended critical IT
services to the first colocation data center facility. Efforts to
extend additional services to the facility will be completed in fiscal
year 2021. As part of the refined data center strategy, we identified
and contracted a regional data center location to establish another
facility with enhanced physical security, power, cooling, and network
redundancy. We will relocate the Site A data center to the new facility
in fiscal year 2021. Remaining implementation and migration activities
for the two colocation facilities will be completed in fiscal year
2022.
Ultimately, some services will run out of the new data centers
while other services will run from cloud providers. We are undertaking
additional analysis to ensure we provide the right mix of cost
effective and modern services between a mix of data centers and the
cloud.
Help Desk Support
One additional FTE is requested to implement a new IT service
management platform, which will improve customer service when staff
utilize the Help Desk for IT service requests.
IT Support Communications
The SAA continues with the expansion of the digital signage system
to approximately 63 locations within the Hart, Dirksen, and Russell
buildings. Seven locations currently have digital signage, with a plan
to add 56 new locations over the next 5 years. The expanded digital
signage system will display graphical wayfinding information and
emergency notifications, in addition to existing directory information
and hearing schedules. The new digital signs will connect to the Joint
Emergency Mass Notification System.
The multi-year effort to upgrade and modernize the State office
telephony infrastructure for all 460-plus State offices is underway
and, to date, we have completed 273. Due to the pandemic, we have
experienced delays in migration and are unable to complete as initially
planned. The funding for this contract is in place and must be
obligated. However, as a result, there is a need to fund support of the
legacy systems that were not replaced during fiscal year 2022. The
pandemic has also required additional work orders for services such as
call forwarding to be placed on these same legacy lines. The legacy
features are at a cost and therefore require additional funding as
well. As a result, we require a one-time increase of $5,775,000 for
support of the legacy system and a permanent increase of $1,879,000 to
support the continued migration and monthly usage and maintenance of
the new system.
Further we require two additional FTE to support the Telecom
Assistance Center. These new hires will support the additional work
resulting from the increase in supported technologies. The
responsibilities of the TAC have expanded significantly due to virtual
conferencing, the updating and expansion of in-building wireless, and a
need to have more rigorous program management to keep this project on
track.
The funds received in the fiscal year 2021 enacted budget in
support of the Unified Communications and Collaboration (UCC) platform
have allowed us to complete Phase I: Discovery and Requirements
Gathering, Phase II: Analysis and Research, and Phase III: Procurement
Planning. In fiscal year 2021, we began Phase IV: Implementation and
Migration. The UCC Implementation and Migration phase of the project
will continue in fiscal year 2022. This will create a mobile,
collaborative, and unified environment that is easy to use and
intuitive for the end-user. The SAA, along with a leading UCC
integrator, will design a system that support communication and
collaboration anytime, anywhere, and on any connected device. This
includes voice messaging, voice-to-text transcription, Microsoft Teams
integration, conferencing, common directory, Contact Center, mass
notification, and enhanced 9-1-1 (E911). The UCC implementation will
focus on five key priorities: security and privacy, systems
integration, collaboration, mobility, and user interface and self-
service.
To support Senate offices, our request includes $550,000 for year
three of a 5-year plan to ensure adequate funds are available to
support the Senate IT needs through the Economic Allocation Fund. The
fiscal year 2022 budget request also includes $412,000 and one
additional FTE for the wireless services and equipment to meet demand.
Program Management
Two additional FTE are requested to support the coordination of all
IT projects and equipment orders.
support services
Acquisition
An increase of $38,000 and one additional FTE is requested to
support the Senate's procurement needs, including continued development
of quality procurement packages. SAA acquisition personnel are working
to obtain their Federal Acquisition Certification in Contracting (FAC-
C) to professionalize the SAA Acquisition workforce consistent with
other legislative entities and Federal agencies. To date, one-third of
SAA Acquisition personnel have obtained FAC-C Level 1 certification or
higher. Funding will allow for acquisition personnel to obtain the
appropriate FAC-C certification level based on their position and
complete required continuous learning of 80 hours every 2 years to
maintain certification.
Appointment Desk
Level funding is requested to support the network of Appointment
Desks located on the first floor of the Capitol, in the basements of
the Russell and Hart buildings, and in the Capitol Visitor Center
(CVC). During fiscal year 2019, the Appointment Desk processed
approximately 205,000 visitors. Of these, more than 120,000 visitors
were in the Capitol complex for official business or for a meeting with
a Member, a Member's office, or a committee. The remaining 85,000
visitors consisted of staff-led tours that were processed through the
Russell Appointment Desk. In addition, nearly 30,000 international
visitors relied on the CVC Appointment Desk for Senate Gallery Passes
and information. Although the pandemic required a significant
curtailment in operations beginning March 2020, required support will
steadily increase in fiscal year 2021 and into fiscal year 2022 as
Members and staff return to normal operations. In fiscal year 2021,
Appointment Desk staff provided auxiliary staff support to the New
Member Suites post-election and the Impeachment trial.
Capitol Facilities
Level funding is requested in fiscal year 2022 to provide a clean,
professional environment in the Capitol. The Environmental Services
Division cleans Capitol offices, hallways, and restrooms; moves
furniture for offices; and provides special event setups for 15 meeting
rooms in the Capitol and the Senate expansion space in the Capitol
Visitor Center. During the pandemic, in addition to the standard
nightly cleaning services, the Environmental Services Division procured
and utilized advanced equipment and chemicals to disinfect offices,
restrooms, and hallways. Supplies, including masks, disinfecting wipes
and hand sanitizers, were provided to Capitol offices in partnership
with the AOC.
In fiscal year 2021, the Furnishings Division completed the
refurbishment of the third floor corridors surrounding the Senate
Chamber and seating in the Senate Galleries, providing furnishings
consistent with the significance of the Senate. The Furnishings
Division created custom furniture for the winter 2021 impeachment trial
to facilitate accessibility and egress.
Doorkeepers
Level funding is requested for the Senate Doorkeepers, who provide
access to those with Senate floor privileges; enforce the rules of the
Senate floor; and facilitate the needs of Senators, Senate floor staff,
and Senate Pages, including emergency preparedness.
Employee Assistance Program
Level funding and two additional FTE are requested in fiscal year
2022 for the Employee Assistance Program (EAP), which offers a variety
of emotional, behavioral, and work-related support resources and
services to staff, their family members, Senate Pages, and interns. The
overarching mission of the EAP is enhancing resilience and preparedness
across the Senate community, and this past year has demonstrated the
effectiveness of our strategies.
In 2020, the EAP met the increased demand for services as a result
of the COVID-19 pandemic by immediately standing up telehealth support
services, providing customized trainings to requesting Senate offices,
contracting an additional counselor, and distributing regular
communications to Senate staff. During this time, more than 40 percent
of Senate staff accessed EAP services across nearly 95 percent of
Senate offices. Additionally, 312 employees took an online mental
health screening; 2,087 employees attended an EAP training activity;
and 1,923 employees accessed resources for personalized information and
referrals addressing childcare, parenting, adult care, aging,
education, legal concerns, and/or financial issues.
As of March 2021, the demand for services has increased
significantly and will exceed the 2020 statistics by the end of 2021.
It is worth noting that the EAP has already reached 25 percent of our
clinical service numbers and 42 percent of training outreach within the
first 2 months of 2021, compared with all of 2020. In response to
January 6, 2021, and April 2, 2021, the EAP continued to meet or exceed
service levels, including providing trauma support to entities outside
of the normal programmatic purview.
Fleet Operations
Level funding is requested to procure, manage, and maintain Senate
vehicles; operate the Senate Daily Shuttle service; and provide the
Senate with emergency transportation and logistics support. The SAA
fleet includes trucks, vans, buses, SUVs, electric vehicles,
handicapped-accessible vehicles, and Segways. SAA staff transported
more than 22,000 passengers through the SAA Shuttle Service in fiscal
year 2019. We expect these levels to return as Members and staff are
vaccinated and return onsite. In addition to staff regularly sanitizing
vehicles, the SAA is procuring anti-bacterial air filters for passenger
buses. We plan is to exchange several obsolete vehicles that can
instead be leased, for a cost savings to the Senate.
Human Resources
An increase of $43,000 is requested to support the SAA Human
Resources office, which provides personnel services and advice to SAA
managers and employees, administers the internship program, executes
personnel and payroll administration, oversees the SAA safety office,
coordinates workers compensation, manages the SAA transit subsidy
program, and oversees the Placement Office. The Placement Office
assists Senators and committees with filling entry level through
professional staff vacancies by providing resumes of qualified
candidates. During fiscal year 2020, the Senate Placement Office
received 562 requests for recruitment assistance from Senate offices
and processed 16,980 resumes from applicants seeking Senate employment.
ID Office
Level funding is requested to support the Senate ID Office. The SAA
has assisted 6,100 customers in 2021, including Senate staff, support
personnel and credentialed media. Almost 18,000 new and updated
Congressional and Press identification badges were issued in fiscal
year 2020. We anticipate our fiscal year 2022 volume to increase in
support of greater security measures at the Capitol complex and State
offices. The ID office is working to support various capabilities, as
outlined in the Homeland Security Presidential Directive (HSPD) 12,
including email encryption and two-factor secure remote network access
in fiscal year 2021.
The SAA has upgraded badge production hardware, printers, and
cameras to best support the growing demand for SmartCards and
proximity-based IDs, as well as replace end of life production
equipment. SmartCards used for digital signatures in the Senate
financial management system have been offered to all Member, committee,
and support offices, increasing by 30 percent each Congress dating back
to the 114th Congress. As the FMIS system expands its functionality and
user population, we expect this number to grow throughout fiscal year
2021 and fiscal year 2022. We are actively researching additional uses
for SmartCards, such as point of entry, as this badge becomes more
prevalent across the Capitol complex.
Media Galleries
Level funding is requested in fiscal year 2022 to support the
Senate's four media galleries: Daily Press, Periodical Press, Press
Photographers, and Radio/TV. The media galleries serve as liaisons
between members of the media and the Senate community. Each gallery
reviews applications and issues credential to its respective news
photographers and reporters, then facilitates their interactions with
Senators. Gallery staff also coordinate press coverage of hearings,
news conferences, stakeouts, and other media events in the Capitol and
Senate office buildings. The Senate Radio/TV gallery maintains the
studio and technical infrastructure Senators use for news conferences.
Outside of the ongoing pandemic, during which press pooled their
reporting to limit the number of individuals in the Capitol and Senate
office buildings, media presence on Capitol Hill has increased over the
past few years.
Page Program
The Senate Page Program, which provides an opportunity for high
school students across the Nation to become immersed in the legislative
process and the workings of the Senate. In March fiscal year 2020, in
consultation with the Office of Attending Physician, we swiftly
returned pages to their homes at the beginning of the pandemic. We have
focused our attention and resources on needed improvements to Daniel J.
Webster Residence Hall in partnership with the AOC. An increase of
$7,000 is needed to cover licensing costs for a software system that
supports the health and safety of pages.
Parking Operations
An increase of $100,000 and one additional FTE is requested to
provide a customer-focused, secure parking management system for the
Senate. The SAA purchased new permit printers and tablets to enhance
onsite customer service in fiscal year 2021. An increase in fiscal year
2022 is needed to purchase additional handheld devices. Software for
these devices is being developed to instantly identify vehicles and any
associated issues by scanning permit barcodes or license plates,
capturing photos, and print and document parking violations and other
issues that need to be addressed by permit holders.
Photographic Services
Level funding is requested in fiscal year 2022 to provide photo-
imaging services for Senate offices and committees. The SAA
Photographic Services team manages and maintains a unified digital
photo browser application that provides Senate offices a secure,
accessible archive of all photos accumulated during a Senator's term in
office. Currently, the photo browser contains more than 1.4 million
photo image files. Following a survey of Senate offices, Photographic
Services will replace its photo browser with a more modern and
customer-friendly version. This will give the Senate community access
to a unified repository of photographs with the ability to order a
preexisting or uploaded image. In fiscal year 2020, our staff
photographed nearly 51,000 images, produced more than 22,000 photo
prints, and coordinated scanning for end of term archiving of more than
17,000 photo images for Senators leaving office. We are providing the
same level of service in fiscal year 2021 with consistent funding.
Post Office
Level funding is requested to support the Senate Post Office. Post
Office staff test and deliver mail and packages to more than 180
locations within the Capitol complex, while providing a messenger
service to multiple locations throughout the Washington metropolitan
area. In fiscal year 2020, the Post Office safely processed and
delivered more than 6.17 million incoming mail items, while
intercepting five suspicious mailings that required an immediate
response by the USCP. We prevented delivery of an additional 7,961
mailings bearing characteristics with the intent to disrupt Senate
business and requiring further scrutiny by USCP.
During the pandemic, we established a temporary free forwarding
service for State offices so their mail could be sent to the Capitol.
For 15 participating offices, we delivered this mail to PGDM so that it
could be scanned and sent electronically. To assist with the timely
delivery of checks and invoices, we have been notifying both Senate and
SAA offices via email with a digital scan to confirm receipt. This not
only assisted in the safety of staff during the pandemic, but also
allowed staff to quickly obtain constituent mail and promptly respond.
Providing mail safety and security training for both DC and State
offices remains vital to ensure all Senate staff know how to respond to
potentially dangerous situations. We continue to offer training through
the web (static video), VTC, and webinars and accomplish it in
coordination with the State Office Operations team.
Printing, Graphics and Direct Mail
Level funding is requested for Printing, Graphics and Direct Mail
(PGDM), which provides support to the Senate community through graphic
design, printing, photocopying, mailing, document preservation,
logistics, and secure offsite transfer of Senate material. During
fiscal year 2020 and fiscal year 2021, PGDM replaced its color digital
press and digital ink jet production press.
PGDM is providing digital publications for various offices, while
ensuring that items, such as 508 compliance, are applied. Those digital
solutions have generated additional printed material that requires
enhanced printing technology, which has been implemented in fiscal year
2021. As a result of the pandemic, we successfully reconfigured our
processes, and are able to scan Senators' mail and forward this mail
electronically so staff members can quickly respond to constituents.
PGDM is offering remote services, to include ordering and
processing flag requests online in partnership with the Secretary of
the Senate. As of March 2021, 82 offices have participated in remote
flag processing and 30 offices have used the PGDM Custom Flag
Certificate. Through software updates and enhanced training, we have
streamlined our remote ordering processes with sophisticated web-to-
print software and a new storefront for customers. The platform will
give the Senate community the ability to access pre-approved templates
and allow users to customize, order, and produce proofs. The storefront
will also generate additional printed materials that require enhanced
printing technology such as an Inkjet Press, which will also be
implemented in fiscal year 2021 and into fiscal year 2022. PGDM seeks
and provides training through various methods and resources to ensure
its staff meet or exceed industry standards.
Recording Studio
The fiscal year 2022 budget includes a request for $5 million in
no-year funding to enable the SAA to replace audiovisual equipment and
systems in Senate Hearing Rooms that is at, or near, the end of its
serviceable life. This project will be coordinated the Committee on
Rules and Administration and the Architect of the Capitol (AOC). During
fiscal year 2019, the Senate Recording Studio (SRS) fully renovated two
hearing rooms, replacing audiovisual equipment that had exceeded its
useful life. During fiscal year 2020, our plan to complete Dirksen 106
was delayed due to the pandemic. During fiscal year 2021, we plan to
make targeted replacements of at-risk systems in three hearing rooms:
SH-216, SR-332, and SD-215.
In fiscal year 2020, the SRS provided 964 hours of gavel-to-gavel
coverage of Senate floor proceedings, including 6,189 livestreamed page
views to 624 unique visitors on the Senate's website www.senate.gov, as
well as archiving of the proceedings. We supported 402 committee
hearings, of which 216 were hybrid or remote. The Senate has come to
rely upon this capability for reasons that transcend the pandemic, and
it is unlikely that demand will decrease after the pandemic.
The SRS enables Senators working in DC to communicate with their
constituents and news outlets back home. In calendar year 2020, the
studio produced 606 television productions and 836 radio productions.
State Office Operations
We appreciate the Committee's support in fiscal year 2021 to
adequately fund the State office rent program, reimbursement to the
General Services Administration for Federal occupancy agreements, and
increases in Federal Protective Service security costs for Senate
offices housed in Federal buildings. The fiscal year 2022 budget
includes the GSA rent inflation factor from GSA exhibit 54.
The SAA works closely with commercial landlords, the GSA, and the
FPS to ensure Members' operational and security preparedness needs are
met in their State offices. As of March 2021, we support 458 State
offices for rental payments; renovations; installation, maintenance and
monitoring of physical security measures; and emergency supplies and
security preparedness planning and training.
In 2020, the SAA completed 88 unique State office projects,
coordinating construction, security, furniture, equipment, and delivery
of IT services. In 2021, we anticipate completing nearly 200 State
office openings, relocations, renovations, and security projects as we
support the transitions associated with the 117th Congress, and make up
for postponements due to COVID-19 related restrictions across the
country. Our success in managing the State Office Operations portfolio
hinges on our close and collaborative working relationship with Senate
staff, commercial landlords, and our Federal partners.
We remain committed to ensuring the safety of Members and staff,
and continue to provide customized security systems, monitoring
services, and enhanced office security construction designs to State
offices without affecting Member office budgets. Currently, over 98
percent of State offices have adopted some level of recommended
security enhancements. In fiscal year 2020, we provided initial
physical security enhancements for 32 State offices and enhanced
existing security for 20 others. We believe that emergency preparedness
training and familiarity with security equipment equates to higher
levels of compliance and readiness. The State Office Operations team
offered twice monthly emergency preparedness webinars and worked
closely with USCP on State office Security Awareness Briefings (SABs),
transitioning to a virtual platform due to COVID-19 related travel
restrictions. Since the deployment of these new virtual SABs earlier
this year, 88 Senate State staff have participated in training and
detailed security reviews. Our focus on State office readiness will
continue into fiscal year 2022 and, to ensure our physical security
enhancement program continues to be state-of-the-art, we are requesting
a small one-time budget increase of $250,000 to undertake a detailed
independent review of the program.
A major challenge and area of focus is support to the Senate State
offices contending with operational impacts of the COVID-19 pandemic.
In fiscal year 2021, State Office Operations is working closely with
State offices around the country, ensuring they have the resources
needed to continue operations and serve their constituents. In the
early stages of the public health emergency, a significant outreach
effort was undertaken, including a new streamlined COOP planning
template that helped offices quickly shift to remote work posture.
Recognizing the need for State staff to get accurate information about
COVID-19 when considering operational status or staffing level changes,
we developed a briefing based on current Office of Attending Physician
guidance and available SAA services and supplies. Each briefing was
customized, including office floor plans (to support social distance
planning) and lists of local resources and public health authorities in
each State. To date, 92 senior staff representing 41 Member offices
have participated in these briefings. Our team also worked closely with
commercial landlords and our GSA partners to coordinate 152 enhanced
cleanings of State offices (many as a result of confirmed or suspected
COVID-19 exposures). We focused on efforts to make facilities safer by
helping offices assess floor plans to better plan for staggered
staffing. We funded and coordinated furniture relocation and the
procurement and placement of 68 plexiglass partitions to support social
distancing. State Office Operations reorganized its existing supply
program to include an expanded inventory of COVID-19 supplies in
partnership with the AOC. To date, we have provided 87,700 face
coverings and distributed thousands of bottles of hand sanitizer, as
well as sanitizing wipes, disinfectant spray, and nitrile gloves to
State staff. In addition, we coordinated the order and delivery of 307
COVID-19 guidance posters and 160 social distancing floor stickers. Our
COVID-19 support to State offices is expected to continue in fiscal
year 2022.
Training and Development
Level funding and one additional FTE is requested for the Joint
Office of Training & Development, which provides training, coaching,
and professional development to Senate staff. During fiscal year 2020,
Training & Development was able to provide all of its services
remotely. The office provided more than 300 online classes and more
than 200 facilitated conversations, one-on-one coaching, and
consultations. The office interacted with 5,000 Senate staff through
these services. In fiscal year 2020, the office provided virtual
roundtables for State staff, which provided the benefits of networking
and learning from each other, without any travel. Outside of the
classroom, Training & Development staff have assisted over 500 staff in
informal learning encounters. The additional FTE will respond to the
increased need for technical documentation and training on Senate-
supported applications and software utilized by Senate offices.
The mandated Health Promotion section provides activities and
events for the Senate community that promote healthy living. Each year,
this section coordinates and hosts the 2-day Wellness Fair, which
averages nearly 3,000 participants. The fair offers health promotion
activities, such as screening for glucose, cholesterol, and blood
pressure; exercise demonstrations; and seminars on topics including
healthy eating and cancer prevention. Although the Senate Wellness Fair
was cancelled in fiscal year 2020, we are investigating options to
provide online sessions to Senate staff in fiscal year 2021. Health
Promotion continues to coordinate with the American College of Surgeons
(ACS) and the Stop the Bleed Coalition to provide bleeding control
training for DC Senate staff. ACS cancelled the in-person training 2020
and will offer a virtual training in May for Senate staff. The Health
Promotion section will work with ACS to schedule hands-on training,
starting in June.
conclusion
Thank you for the opportunity to discuss the SAA's fiscal year 2022
budget request. As I familiarize with the SAA's diverse operations, I
am deeply impressed by the professionalism and pride of the SAA team.
Together, we will ensure the traditions of the Senate are upheld and
respected while embracing innovation.
Senator Reed. Thank you, General Gibson.
Let me begin with a question for all of you, and I will
start with Chief Pittman. But all of the agencies are
responsible for protection and security of the Capitol, that
means anticipating threats and preparing for those threats, but
each agency plays a different role, but you must coordinate to
effectively protect the Capitol.
So, this is a foundational question for my benefit, if not
for my colleagues. Can you each clarify what your agency is
responsible for, and how do you coordinate with the other
agency?
CAPITOL POLICE RESPONSIBILITIES
Chief Pittman.
Acting Chief Pittman. Absolutely. So, for U.S. Capitol
Police, our primary responsibility is to secure the entire
Capitol Complex. We also provide nationwide protective services
for Members of the congressional leadership, as well as
investigation of threats against Members of Congress and their
immediate families.
I work very closely with the Capitol Police Board to the
right of me, if there are any security questions as they have
oversight of the U.S. Capitol Police, and are a mediary between
the U.S. Capitol Police and the Members of Congress. For the
operational security plans on the Campus, the chief does have a
bit of autonomy, but I do make my counterparts aware of the
security and operational planning for the campus.
Senator Reed. Thank you, Chief.
Mr. Blanton, please.
Mr. Blanton. Yes. As the Architect of the Capitol, I am in
charge of the maintenance, care and upkeep of the entire
Capitol Complex, including the Capitol building, the House and
Senate office buildings, the Supreme Court, Library of Congress
and the Botanic Gardens, and some other buildings, as well.
As it relates to the Capitol Police Board, my primary role
is to advise the Board on the physical implications of security
decisions on infrastructure, and to plan, design and construct
security infrastructure projects that are appropriated by
Congress.
Senator Reed. Thank you.
And General Gibson, could you indicate your
responsibilities and coordination?
General Gibson. Certainly, Senator. I am solely responsible
for cybersecurity of the Senate IT infrastructure, and I am
responsible, I believe, for securing Senators, the staff on the
Capitol Complex, and the home offices.
I do not command or direct the operations of the Capitol
Police or others who perform the physical security and
protection of those Members, staffs and officers. Rather, I
exercise oversight and provide guidance to the Capitol Police
through my authorities as a member of the Capitol Police Board.
I coordinate and communicate Senate security priorities to the
Capitol Police and to the Architect. I coordinate, as
necessary, with external agencies like the Federal Air
Marshals.
I fund, install, manage and monitor safety and security
programs at the home offices. I provide training to staff and
Members on emergency response, preparedness and continuity or
contingency response.
TRANSPARENCY AND ACCOUNTABILITY
Senator Reed. Well, let me follow that question up, and
start with General Gibson. Have the events of January 6 caused
you, and I think it has, to rethink your responsibilities and
the coordination mechanism? All roads, based on your testimony,
seem to lead back to the Capitol Police Board, and your
experience, General, which is just, and also I think Mr.
Blanton and the Chief said: in a crisis committees do not
function very well, and we have to prepare for crises.
So, could you comment on what changes you think should be
enacted in responsibilities and coordination?
General Gibson. Certainly. I definitely think you need the
Capitol Police Board, and largely as it is currently
constituted. There are some improvements that could be made in
terms of responsiveness and transparency.
That said, I do think there need to be mechanisms by which
the Capitol Police Chief can seek additional assistance in an
emergency without having to get the permission of the Capitol
Police Board. In fact, the counsels from all of our offices are
working together to draft language to that effect, whether that
might result in a regulation that is issued by the Capitol
Police Board or legislation, that would permit the Capitol
Police Chief, in exigent circumstances, to request the
emergency assistance that is required.
Senator Reed. Mr. Blanton, your comments.
Mr. Blanton. Thank you. I do agree as well that there needs
to be much more transparency and accountability in the Capitol
Police Board. I also concur that as currently constituted, it
can be an effective board with some changes that are made.
When it comes to the role of physical infrastructure, one
of the key outcomes to me is that we need to look across the
entire Campus, comprehensively, at our physical infrastructure,
and in doing so that includes other entities that we support,
as the Architect of the Capitol, that are on the Capitol
Complex, that are not necessarily under the purview of
Congress, such as the Supreme Court.
Senator Reed. Yes.
Mr. Blanton. So that is why we requested that the transfer
of authority for the funds to do the comprehensive security
assessment, to look at the entire campus so we do not have weak
spots in some locations and harder spots in the other locations
on the Capitol Complex.
Senator Reed. Thank you.
IMPACT OF JANUARY 6 EVENT ON THE SECURITY POSTURE
And Chief Pittman, please.
Acting Chief Pittman. Yes, certainly. The mission for the
U.S. Capitol Police has not changed, it has expanded, and I do
agree with General Gibson in her assessment that the U.S.
Capitol Police Chief should have the autonomy to bypass the
Board in a crisis situation. The events of January 6, will have
an impact on our workforce and will also change our security
posture on the campus.
We know that in a crisis situation time is not always on or
believed to be on our side, and it is my belief, along with
leadership at the U.S. Capitol Police, that in those situations
we are fighting for everything. Everything we say and do is to
make sure we put our workforce, our officers in the best
position to defend the U.S. Capitol, so they can, essentially,
protect the Members of Congress.
With that said, we have been working closely with the
members of the Capitol Police Board, to come up with some of
the language so that the Chief of Police can have the right or
autonomy to at least solicit the help of the DC National Guard
in a time of crisis.
So, with the Board Chair we will work through those
challenges, to grant the police chief that authority, and I
believe that through the partnership with myself and the Board,
we will be able to come to a helpful resolution so that we can
provide the maximum support for the workforce as well as for
the Congress.
PERIMETER FENCE
Senator Reed. Thank you, Chief.
I am going to recognize Senator Braun. I will also ask him
to run the show while I run to the vote. I will be back very
quickly. So, thank you.
OUTER PERIMETER FENCING AROUND THE CAPITOL
Senator Braun. Thank you, Mr. Chairman.
This will be for Chief Pittman and General Gibson. It is my
understanding that this week the Capitol Police Board made a
determination to put the outer perimeter fence back up in
expectation of potential activity around the Capitol grounds.
While the decision was later reversed, this would have been the
first time the outer fence I think was redeployed, and I think
it would be helpful to understand the decisionmaking process.
Chief Pittman, and General Gibson, can you let me know, or
let this committee know what informed the decisionmaking
process? And then also address why oversight committees were
not consulted in advance of either decision.
Acting Chief Pittman. I do not mind starting, General, if
that is okay with you.
General Gibson. Neither do I. Go ahead.
Acting Chief Pittman. Okay.
Thank you, sir, for the question. So naturally since
January 6, the U.S. Capitol Police's hearts have been extremely
heavy. As you know, sir, we have lost three officers in a 3-
month period of time.
I have gone around to roll calls and talking to my officers
who are traumatized, since the events of January 6, and I have
always shared with them that I believe that law enforcement is
a calling, and like any calling one must be prepared.
However, there is nothing that prepares you, as a Chief or
as a member of the workforce, for losing three members of your
police family in such a horrific manner, back-to-back as we
have experienced.
The Capitol Police has based our security posture on three
primary things: threats to the community, the limitations of
the infrastructure on the campus, as well as the limitations to
the USCP.
So, I think one point of clarification is that the
department, along with the Capitol Police Board had extensive
discussions about deploying an additional layer of fencing to
the outer perimeter based on those three primary things.
We know that there are still limitations, repairs that need
to be made to the infrastructure. We know that U.S. Capitol
Police does have the support of its law enforcement partners,
but there are still some limitations there, and there was a
concern--at that time--of violence, and threats to the
community.
SECURING THE CAPITOL CAMPUS
The Capitol Police Board had a conversation, or several
conversations, about the best options to securing the campus.
The decision, I do not think, General Gibson, you can correct
me if I am wrong, was a final decision to actually deploy the
fencing, but we were preparing if the fencing needed to be
deployed, along with the Architect of the Capitol, to ensure
that we would have the tools and resources that we needed in
place to keep the workforce safe.
As the target would have been law enforcement, it was
imperative to me that I provide the support needed for those
officers who have already been traumatized and, in turn, they
would not be able to keep the Capitol Complex safe.
Senator Braun. With the oversight committees?
General Gibson. I informed the senior staff of the
oversight committees within 5 minutes of my conversation with
leadership staff of both the Majority and Minority. That was,
as shortly as practicable following our conversations. That was
my interaction with the oversight committees for which I felt
responsible.
I would like to, if I could, Senator, expand on, the
Chief's comments regarding the decision that was made. It was
made considering the domestic environment of increasing
interactions with police and activation of National Guard
across the Nation, to include a shooting of a National
Guardsman in Minnesota.
The lack of backup for our Capitol Police here, or for the
Metropolitan Police Department, due to the demands on National
Guard and others, was discussed with the MPD, the U.S. Park
Police, the U.S. Secret Service, and the Federal Protective
Service. Our actions were entirely consistent with the
additional measures that the Executive Branch was taking to
protect facilities in the city.
There had been vandalism associated with these protests at
Columbus Circle, which is very close to our Senate office
buildings, as you know.
It was not our intent to erect the fence that existed in
January, February, and March, but to put up selective portions
of the fence without razor wire, leaving all avenues open for
pedestrian access, for motorists, and for city residents. It
would represent no impediment to people who worked on the
Capitol Complex.
We discussed what had been done last summer, which was--as
I understand--police officers with bicycle racks and felt that
a more effective and efficient way to secure the Capitol in
terms of manpower would be to extend the current stand-off
distance from the building for any protestors that might come.
Finally, I would say I did not feel that we reversed our
decision, but suspended it. We wanted to see how the city would
respond. Last night we suspended implementation and it was a
calm night. In fact, our deputies met again today to discuss
what the final disposition might be.
Senator Braun. Thank you.
REDEPLOYMENT COST OF OUTER FENCE
Mr. Blanton, what was the anticipated cost for redeploying
the outer fence? And what was the AOC's plan for absorbing that
cost, along with the continued costs of the inner perimeter
fencing remaining up? What was the cost had it gone through?
Mr. Blanton. Yes, Senator. It would all depend on how long
that fence was up. If it was a notional week, it would be
around a million dollars a week. For funding of that fence, we
have money that was transferred earlier this year from one of
my construction projects at the Library of Congress for fencing
on the Capitol. It would have come out of the remainder of
those funds. Then it would have effectively taken the same
amount of time we could have had the inner fence up, we reduced
that time because we would have run out of money sooner.
Senator Braun. One quick follow-up question.
Senator Leahy. The Board has been going along for 16
minutes.
Senator Braun. For 16 minutes, okay. Do you want to refer--
--
Senator Leahy. No. I am going to ask questions before I go
vote.
Senator Braun. Go ahead, Senator Leahy.
LESSONS LEARNED FROM THE JANUARY 6 EVENTS
Senator Leahy. I do not in any way minimize the tasks you
have ahead of you. I have been here for 47 years. I never
thought I would see anything as horrific as we saw in January.
It is a long way from, as a teenager coming, walking through
unguarded halls, open halls with my parents, to what we saw
there.
So, I do not question anyway, that you have a difficult
time ahead of you. And as I knew, the three officers who died I
knew quite well. And I feel that, and for their families.
But in February I asked the former Chief in Sergeant at
Arms that the Appropriations Committee, and ultimately the
Congress, had met their requests for salaries and operating
expenses in every fiscal year.
The response was a firm, ``yes''. So it leads me to believe
that the failures we saw in January 6 were the results of a
failure of leadership, to either deploy officers, or equip them
properly, or to provide them with needed intelligence that a
mob was on its way to the Capitol, not a lack of resources.
Since then, of course, you have had a chance to do a lot of
retrospective review. What have you learned about your agency's
needs in terms of new and merging operations, training,
intelligence, physical security capabilities, and your fiscal
year 2022 budget request for emergency supplementals reflect
those changes?
Chief I will start with you.
AGENCY NEEDS AND MERGING OPERATIONS
Acting Chief Pittman. Yes, sir. We have learned a number of
things. We welcome the assessments that have been provided, not
only by the Office of Inspector General, but General Gibson
also participated on General Honore's 1-6 Task Force that did
an overall assessment of the department. We also have the GAO
who is providing an assessment, as to what went wrong, and
lessons that should be learned from January 6.
From the very beginning the leadership team here has
welcomed those assessments. We have had a chance to review at
least the IG's first flash report, and we have already done a
number of things to improve.
ENSURING THE FISCAL YEAR 2022 BUDGET ADDRESSES EMERGING REQUIREMENTS
Senator Leahy. But--do your budget requests--sorry to cut
you off.
Acting Chief Pittman. Okay.
Senator Leahy. This vote is underway. Did your budget
request reflect what you have seen as the needs?
Acting Chief Pittman. Absolutely. The budget requests
reflect the needs for our most valuable asset, which is our
officers.
Senator Leahy. Yes.
Acting Chief Pittman. The budget is requesting 212 new-
sworn officers, as well as 47 new civilian positions that would
fill some of those things that you mentioned, in terms of
intelligence gaps, technology capabilities, expanding those
roles. There are a number of items primarily related around
staffing, and then there are some residual costs that will
result from increasing those staffing. We can provide that
information to the subcommittee.
Senator Leahy. Yes, I would note, Chief, that the security
detail provided to the president pro tempore, as one who served
in law enforcement, I can say they are among the most qualified
and expert people I have seen.
Acting Chief Pittman. Thank you.
Senator Leahy. Mr. Blanton, does your budget request
emergency supplemental meet the requirements you have?
Mr. Blanton. My fiscal year 2022 budget request does not
meet the requirements of the Capitol community.
Senator Leahy. With the supplemental?
Mr. Blanton. Yes, with the supplemental, yes, it would. For
the known threats that are identified currently.
Senator Leahy. Okay. Thank you. You will let us know if
that changes?
Mr. Blanton. It will be informed by the comprehensive
security assessment that we are doing, and then we will notify
Congress--as we get additional information.
Senator Leahy. Thank you very much.
General.
General Gibson. My answer would be much the same as the
Architect's. If our fiscal year 2022 budget, in and of itself,
is not sufficient, a supplemental that will include some of the
things we have identified with the Architect in terms of garage
doors, tunnel doors, repairing windows and doors, as well as
the potential to possibly expand secure workspace that is
available to the Senate community, would be sufficient. And
certainly we would let you know if it were not.
Senator Leahy. As I mentioned before, we approved a
transfer of $10 million to the AOC for what they need to do for
a physical security assessment of the Capitol campus.
I wanted to submit my other questions, Chairman, for the
record. Just so that you all know, I believe in a Capitol as
open as we can, safely. We are the symbol of democracy. I hear
from people not only all of our country, but all over the
world, how much it has meant to them when they walk through,
look at the history, paintings, talk to people, having Members
of Congress and staff, everybody has been able to stop and talk
to them as they go through.
I have also been in countries where they do not have that
freedom. There is a marked difference, I want us to have the
freedom, I want the security, but I want the freedom. We are
relying on you folks to do that.
Thank you for, Mr. Chairman.
USCP COORDINATING WITH OTHER LAW ENFORCEMENT AGENCIES
Senator Reed. Thank you, Chairman Leahy. Thank you for your
very thoughtful and eloquent remarks, very much.
Let me return again to ask questions regarding the
ramifications of the January 6. It exposed sort of the lack of
coordination, not only internally, but externally too, with
particularly police departments and other law enforcement
agencies.
COMMUNICATION BETWEEN AGENCIES
Chief, have you adjusted your coordination, and your day-
to-day relationships with other law enforcement agencies,
Federal, local, et cetera? Are we still waiting,--I think you
suggested before--waiting on a decision about giving you
emergency powers, or giving you powers in an emergency, is that
still pending?
Acting Chief Pittman. Yes, sir. That is still pending. We
are still working, the General Counsel for the U.S. Capitol
Police as well as the General Counsels for the Capitol Police
Board are working together closely. I believe that we will be
able to strike that balance relatively quickly, so that the
Police Chief can have some autonomy to call at least the DC
National Guard during an emergency or a crisis. There is some
additional details within those parameters that we still have
to work out.
As it relates to the relationships that the U.S. Capitol
Police has with its partners, I am proud to say that we work
closely with State, Federal, as well as local authorities.
I talk to a Chief of Police, Robert Contee of the
Metropolitan Police Department almost daily. I have had
conversations, routinely, with the U.S. Secret Service, Police
Chief, as well as U.S. Park Police. We have been working
closely with the FBI on a task force after January 6.
At this point we have arrested, with their assistance, over
350 participants in that insurrection. We have identified
hundreds of individuals, and we are working daily to make sure
that everyone that came here on January 6 and violated various
aspects of the law are being held accountable.
IMPROVEMENTS IN INTER-AGENCY TRAINING
Senator Reed. Do you anticipate with this new authority
that you will on a regular basis, train with and exercise with
these other law enforcement or National Guard units?
TRAINING
Acting Chief Pittman. Yes. The Capitol Police has already
expanded its training capabilities. Right now, we are training
our workforce along with the National Guard. We recognize that
that was a training gap in vulnerability. The DC National Guard
has allowed us the use of their facilities. We have also
conducted several trainings--in addition to what we do at the
DC Armory, we have conducted several trainings on the campus,
and we are scheduled to train with several of our Federal
partners.
We meet every Friday with the DOD to establish a National
Capitol Region response plan to any type of crisis to
Washington DC. So, we are currently working on those
initiatives.
Senator Reed. Thank you.
And, General.
General Gibson. Yes.
Senator Reed. This seems to be a question that you should
be able to field very well, which is, January 6 representative
an intelligence failure, not estimating what would happen and
not being prepared for contingencies. My presumption is that
you do not have a direct role in intelligence. From your
observations, have we done enough to improve on a systematic
basis, the intelligence available to Capitol Police, and to
everyone else, even to Members?
General Gibson. Thank you, Senator, that is an excellent
question.
First, I would like to say there were some significant
intelligence failures leading up to January 6. I am personally
reluctant to use that expression because it tends to let the
rest of the community off the hook. Sometimes we cease our
introspection into the other areas where we failed, whether
that was leadership, coordination, training, et cetera.
But you are correct, there were some significant gaps, not
only at the Capitol, but across the Washington DC area, and
with some of our Federal partners for failing to recognize that
this was not only a possible scenario, but perhaps quite
likely.
I have seen since my participation in the task force on the
House side, improvements in information sharing, collaboration,
and cooperation, within the intelligence functions that are
performed by the Capitol Police.
Senator Reed. Yes.
General Gibson. Yesterday they hosted us for an excellent
classified discussion of some of the threats to the region. I
believe those will be regular occurrences.
There is still room for improvement. Task Force 1-6
recommended a modest increase in the number of trained
intelligence professionals in the Capitol Police. This is work
that should probably be done by intelligence analysts, as
opposed to sworn officers or others who might be employed
elsewhere.
For some of our FTEs that the Sergeant at Arms is
requesting, we need to look at hiring intelligence
professionals to perform these tasks, not necessarily people
who formerly worked in security fields at the campus. I am
heartened by the improvements that I have seen, but there is
still work to be done.
CAPITOL POLICE BOARD ACCOUNTABILITY
Senator Reed. Thank you. All roads seem to lead back to the
Police Board, I will just ask another fundamental question.
CAPITOL POLICE BOARD
In your view, I will start with Mr. Blanton just to vary
that okay, who does the Police Board report to? In a realistic
sense, who are they accountable to?
Mr. Blanton. The Police Board itself, and I have to limit
this more towards my functions on the Police Board.
Senator Reed. Yes.
Mr. Blanton. What I serve on a Police Board and the
functions I preserve, it is oversight for CHA and rules on the
Senate; and then for the projects itself that we implement it
is a notification of, or an approval of appropriations to
execute those projects.
Senator Reed. Chief Pittman, what is your sense of the
overarching responsible agency for the Police Board?
Acting Chief Pittman. I am sorry, sir. Is your question,
who do they report to?
Senator Reed. Well, no.
Acting Chief Pittman. Okay.
Senator Reed. Do they report to anyone? You know, who
ultimately is accountable--or who are they accountable to on a
regular basis? I know annually they have to request, or you
request on their behalf, funds, but who are they accountable to
on a daily basis?
Acting Chief Pittman. It is my understanding that they
would be accountable to the congressional leadership, but they
do serve as more of a liaison for the Capitol Police, it is my
understanding that they would report to the leaderships there.
Senator Reed. And your comments, General.
General Gibson. Yes, Senator, I believe we are responsible
both to leadership and to the Committee on Rules and
Administration and this Appropriations Subcommittee.
Senator Reed. One of the issues that has confronted--and
you have mentioned it, has been the traumatic experiences
witnessed by so many people here, and many of your colleagues.
Every one of you, I think, is requesting resources to deal on a
regular basis with counseling and trauma.
Is that correct?
Acting Chief Pittman. That is correct.
Senator Reed. That is correct. Okay.
CYBERSECURITY
Just one final question, General, it is that, you know,
cybersecurity, every day, it reveals a new challenge, and you
are solely responsible for the cybersecurity of the Senate. You
have your counterpart in the House responsible. Does it make
sense to even have those types of, you know, competing, or at
least different? Then I presume also you would be responsible
for the cybersecurity and the electronic operations of the
Capitol Police?
General Gibson. I am not responsible for the cybersecurity
of the Capitol Police networks.
USCP CYBERSECURITY
Senator Reed. Who is responsible for Capitol,
cybersecurity, Chief?
Acting Chief Pittman. Yes, so we have our own office of
information systems. There is a cyber component there, and then
we have a task force agent that is embedded with the FBI cyber
task force.
Senator Reed. Well, again, just a suggestion, I think this
is an area that we have to look at, particularly in cyber. I am
glad you mentioned the FBI, Chief, because it would make sense,
I think to coordinate, and that is a polite word, with the
House at least.
Acting Chief Pittman. Yes.
Senator Reed. And probably the Supreme Court. I do not know
who controls their cybersecurity, but certainly the FBI and the
Department of Homeland Security because, again, the threats are
communicated so quickly on cyber.
Acting Chief Pittman. Yes.
Senator Reed. And just the, you know, quick knowledge of
deficiencies is absolutely essential. So I think that is,
again, something that you might consider and present to us in a
coherent way.
With that, let me represent--excuse me--let me recognize,
Senator Braun.
USCP STAFFING LEVELS AND HIRING DIFFICULTIES
Senator Braun. Thank you, Mr. Chairman.
This question is for Chief Pittman. In 2019 and 2020, the
Capitol Police staffing level had been below the requested
level by hundreds of officers, even though the requests have
been fully funded by the Appropriations Committee. What has
prevented the department from hiring the requested and
subsequently enacted number of officers?
Acting Chief Pittman. Yes, sir. Primarily, during the 2020
COVID-19 pandemic there were significant challenges for U.S.
Capitol Police to fulfill its staffing request that was
requested in previous years.
The U.S. Capitol Police trains its police officers at the
Federal Law Enforcement Training Center in Glynco, Georgia. At
the time of the pandemic, FLETC Georgia, as well as FLETC in
Cheltenham, Maryland, where we have our training facilities,
were closed.
U.S. Capitol Police had to mitigate being closed, we had to
suspend several classes that pushed us behind. In addition to
that, we had to transition to training our officers in an all-
virtual platform.
Senator Braun. That makes sense for 2020, but weren't you
struggling back in 2019 as well?
Acting Chief Pittman. If I may pause, because I was not in
this role at that time, and turn to one of my counterparts.
Mr. Braddock is the CAO, chief administrative officer for
the department, and in 2019, there were challenges of competing
with other departments as well as what was going on at FLETC
for 2020.
Senator Braun. And that is a--I think a more significant
issue because it begs the question, how you would ever staff a
much larger Capitol police force as well. It is also indicative
of how hard it is to get many jobs filled across the country
that require particular training, and the time it takes to lead
up to that.
So just something that besets, I think, not only hiring law
enforcement, but many other sectors of the economy, career
technical education, workforce development.
Acting Chief Pittman. So, if I could follow up with that?
Senator Braun. Yes.
Acting Chief Pittman. Since becoming Acting on January 8, I
have worked very closely with Mr. Braddock. I have taken in the
recommendations of the various task force and assessments. I
also have listened to the Fraternal Order of Police President
that has also made a request that the congressional leadership
help U.S. Capitol Police out, not only in terms of the
supplemental bill, but with our staffing challenges.
Right now, the department has 1,843 officers. We were
approved up to 2,072, and in fiscal year 2022 we are requesting
an additional 212 officers.
It lends to what you were saying, Senator. How will we
supply the bandwidth? Do we even have the bandwidth to bring on
that many officers in such a short period of time? I have
directed that we have a command official at the inspector level
to implement a massive recruitment program for Capitol Police.
We are also working closely with the Board Members
specifically the Architect of the Capitol, because there are
residual concerns when you are bringing on that many officers.
How will we find spacing for them? Will FLETC in Georgia and in
Cheltenham have enough spaces, because we are at their mercy
for the number of classes that they are allowing Capitol Police
to have seats in. How will we provide them lockers, parking, et
cetera?
We have developed a task force to handle the recruitment
for the officers. We have realized the strain that we have had
on our workforce that is on the campus since January 6. They
have been working a tremendous amount of overtime, leave has
been limited, and the impacts to not only them but their
families have been our primary concern. We are working
extremely close with our partners to make sure that we can
facilitate. And from my team, they have assured me that we can
bring on those 212 officers within the year.
Senator Braun. Thank you.
Do I have time for one more, a quick question?
Senator Reed. Sure.
Senator Braun. Okay. Thank you.
DISASTER RELIEF FUNDS
This is for General Gibson. I know in the 2022 budget
request it includes $25 million to establish a business
continuity disaster relief fund. We had one back in Indiana
called the Rainy Day Fund. That is just something that is ready
to go for the unforeseen. How would things, you think, have
been different? Would that have been enough to deal with the
immensity of what occurred on a situation like January 6, and
then what you had to do following that?
General Gibson. Thank you, Senator. I appreciate the
opportunity to talk about this fund. I cited two examples in my
opening remarks, one regarding our response to the pandemic,
and a need to move to virtual hearings and remote work
environment. The second, rebuilding the State offices that were
destroyed by Hurricane Laura.
The Sergeant at Arms did not incur significant additional
costs as a result of January 6. Most of the costs, I think,
that have been incurred are the Architect's bills for the
physical damage.
We do believe that this money would help with many of our
potential IT requirements for backup data centers as part of a
reliable and resilient infrastructure. It would help us
maintain readiness of fixed and mobile contingency sites. Had
there been a need to relocate away from Capitol Hill, the
Sergeant at Arms, at that point, may have incurred some costs.
Senator Braun. Could the Architect of the Capitol draw out
of that as well, or would you have to have your own emergency
fund?
Mr. Blanton. We would have to work out some sort of
agreement on that.
General Gibson. Yes.
Mr. Blanton. Because it is a transfer of appropriations at
that point.
General Gibson. Yes. We had envisioned it largely for
unexpected IT and communication kinds of requirements. I am not
sure $25 million goes as far for the Architect as it does for
me, but certainly it is something for which we would work with
the Committee.
Senator Braun. Thank you.
Senator Reed. Thank you very much, Senator Braun.
And this concludes the Legislative Branch Appropriations
subcommittee hearing regarding the fiscal year 2022 funding for
the Architect of the Capitol, the Senate Sergeant at Arms, and
U.S. Capitol Police.
I want to thank Mr. Blanton, General Gibson, and Chief
Pittman for testifying today. Thank you very much.
And again, convey our thanks, and appreciation, and respect
for your colleagues who have done so much to protect us.
ADDITIONAL COMMITTEE QUESTIONS
The hearing record will remain open for 7 days, allowing
Members to submit statements and/or questions for the record,
which should be sent to the subcommittee by close of business
on Wednesday, April 28th, 2021.
[The following questions were not asked at the hearing, but
were submitted to the Agencies for response subsequent to the
hearing:]
Questions Submitted to Chief Yogananda Pittman, USCP Acting Chief
Questions Submitted by Senator Jack Reed
capitol police oig report
Question. On March 31, the Capitol Police Office of Inspector
General released its second independent review of the elements of the
Department that played a role in the planning for and response to the
events of January 6. This review focused on the Civil Disturbance Unit
(CDU) and intelligence. The Inspector General is calling for a
``cultural change'' toward anticipating and preventing future attacks,
recommending that the force must move away from the ``traditional
posture of a police department'' and start acting instead like ``a
protection agency'' focused not on responding to disturbances but on
preventing events like the January 6 riot.
--How is the Department responding to the OIG report?
Answer. The United States Capitol Police (USCP) Office of Inspector
General (OIG) Flash Report B on the Department's Civil Disturbance Unit
(CDU) and Intelligence (Investigative Number 2021-I-0003-B) included 26
recommendations specific to the Department's CDU and Intelligence
operations. Of the 26 recommendations, 17 were specific to CDU
operations and touched multiple aspects, including the development of
policies and procedures to formalize CDU mission, objectives, roles and
responsibilities, increasing the training on and deployment of less
lethal munitions, incentivizing greater participation, and improving
controls on equipment inventories. Nine (9) of the 26 OIG
recommendations in Flash Report B pertain to Intelligence operations,
including recommendations to improve the collection, processing and
dissemination of intelligence as well as to codify and document
specific training requirements. Flash Report B also recommends the
Department reorganize its intelligence resources into a Bureau-level
entity.
The Department appreciates and generally agrees with the
recommendations made in Flash Report B. It has long emphasized its
mission is like no other in that its capabilities include those of
typical law enforcement as well as protective services and national
security agencies. The Department also believes that, like the `83
Senate bombing, the `98 shooting, 9/11 and the anthrax attacks, January
6 was a pivotal event that will spur needed evolution of its
capabilities. With the support of Congressional stakeholders, the
Department looks forward to the transformative years ahead as it
implements the many OIG recommendations as well as its own proactive
initiatives, like regionalization, and those recommended by subsequent
reviews and assessments.
Question. The report includes recommendations to improve the
following deficiencies seen on Jan. 6: (1) a dedicated, full-time CDU
(or several individual units) with specific training and strict
standards and internal controls for CDU equipment; (2) continuous
training; (3) establishing a full-time, 24/7 intelligence bureau; and
(4) recruitment of experienced officers and hiring and retention
incentives.
Is the Department considering any of these recommendations and how
do you intend to implement them? Would funding in your fiscal year 2022
request cover such operational and staffing changes?
Answer. As mentioned, the Department generally agrees with the
recommendations in the OIG's Flash Report B and it is actively working
on implementing them and/or obtaining the authorizations and resources
necessary for implementation.
To the Department's knowledge, the OIG did not recommend that CDU
have officers dedicated to its mission 100 percent of the time and that
it be a standalone entity within the Department.
However, that concept has been considered by the Department. In
fact, the Department's fiscal year 2022 request included funding for an
additional 212 sworn officers. If approved and funded, the Department
would dedicate 80 of those officers to a standby quick response force
(CDU). Provided the Department does not have a 24/7 365 need for CDU
capabilities, creating such an entity within the Department could
provide a rotating opportunity to train officers on CDU tactics as well
as provide other critical training while officers are not on campus in
a CDU capacity.
The Department is in the process of developing a reorganization
plan for consideration by the Capitol Police Board and Congressional
Oversight committees that will include the establishment of an
Intelligence Bureau that, once established, will maintain 24/7
operations.
The Department has requested consideration of funding in the
Security Supplemental to support the hiring of intelligence analysts
for both USCP headquarters and regional locations; significant
technology enhancements to enhance intelligence and open source
analysis; and training related to threats management, tactical
intelligence and intelligence analysis. Should the Security
Supplemental not be enacted, the Department has discussed with the
committees of jurisdiction the need to support funding for these items
in the fiscal year 2022 appropriation. Further, funding must be added
to the fiscal year 2022 appropriation and in out-years to support any
personnel included in the Security Supplemental should it pass.
As for CDU functions, the Department has requested in the Security
Supplemental critical life-safety equipment that specifically enables
all sworn employees to be prepared for civil disturbance response(s).
Further funding was requested to provide for the reimbursement of
redirected fiscal year 2021 funds used to replenish less-than-lethal
items used following the events of January 6. The supplemental request
also includes funding for vehicles, equipment and training to support
the overall CDU function across the Department. Again, should the
Security Supplemental not be enacted, the Department has discussed with
the committees of jurisdiction the need to support funding for these
items in the fiscal year 2022 appropriation.
Lastly, in order for the Department to backfill current sworn
attrition, meet Department identified new mission sets and those raised
in the various reports since the events of January 6, the Department
would need to hire at its full capacity for nearly eight (8) years.
This assumes that the Department can obtain the maximum of 288 training
slots from the Federal Law Enforcement Training Center (FLETC) and that
the Department can recruit and hire 288 recruit officer candidates per
year who meet the established employment suitability standards.
Currently, the Department must process approximately 18 applicants in
order to find 1 applicant who meets these standards for becoming a USCP
Officer. Recruiting and hiring at this level will maximize the
Department's capacity to conduct the USCP Academy at the FLETC-
Cheltenham facility. The USCP has limited space at this location, which
must be used for not only recruit officer training, but also in-
service, Dignitary Protection and specialty unit training. Staffing for
this facility will also need to be increased in order to run two
training shifts per day to meet these increased training requirements.
staff hiring and retention obstacles
Question. Chief Pittman, the Department's budget requests $22
million to hire up to 212 sworn officers, in addition to the additional
192 officers provided in fiscal year 2021. I understand it takes some
time to recruit, select, and fully train new officers. In a normal
year, you would be right in the middle of seeing new recruits at the
doors as well as training in progress. COVID has affected your ability
to do that. I am also concerned that the January 6 attacks, coupled
with upcoming mandatory and voluntary retirement factors, will hurt the
Department's hiring and retention efforts.
--If you are having trouble meeting your hiring goals, what factors
are keeping you from meeting them?
Answer. The Department experiences between 90 and 120 sworn
attritions per fiscal year due to mandatory, voluntary and disability
retirements, as well as resignations for various reasons. To backfill
this attrition, the Department must recruit, hire, train and deploy new
sworn officers. The Department is constantly recruiting potential
applicants for our sworn hiring process. In addition, this effort
focuses on recruiting under-represented populations in order to better
diversify the Department. Currently, the Department must process
approximately 18 applicants in order to find one applicant who meets
the Department's Employment Suitability Standards (ESS).
The Department established ESS to ensure that persons selected to
serve as both sworn and civilian employees of the Department meet
established standards. Since the events of January 6, the Department
has seen an uptick in applicants for sworn positions who have indicated
during testing issues related to intercultural awareness, which is
inconsistent with the ESS.
Additionally, the public debate on police reform and efforts to
defund police entities have created public discord regarding law
enforcement. This public debate has impacted the decision of applicants
who have withdrawn from the Department's selection process based on a
perceived lack of public trust and support for law enforcement. This
not only affects current applicants, but also influences potential
applicants as they decide on participation in the process.
Finally, the Department was unable to hire backfill sworn personnel
because of COVID-19. The Department's hiring process had to be
converted to a virtual platform and all law enforcement training at the
Federal Law Enforcement Training Centers was canceled on multiple
occasions during most of 2020 due to the pandemic. When training was
restarted, the Department was provided with limited training slots due
to continued pandemic-related restrictions, which further limited our
ability to narrow our attrition gap.
All of these factors have impacted the Department's ability to meet
its hiring projections. This has an impact on overtime utilization,
workforce agility and future hiring efforts.
--How do you intend to accommodate the large influx of new staff--
both new sworn officers and the additional 47 new civilian
personnel requested? What are the challenges and how are you
managing them?
Answer. In fiscal year 2022, the Department is seeking new sworn
officers for new mission requirements. This new mission includes
additional Dignitary Protection Agents, Threat Assessment Agents and a
stand-by Civil Disturbance Unit. Further, it is seeking 47 new civilian
positions to serve in the areas of criminal research, victim witness
coordination, intelligence analysis, event planning specialists,
dignitary protection travel coordination, information technology and
cyber-security support, property and asset management, vehicle
maintenance, records management, and wellness and resiliency.
Beyond the challenges associated with recruiting and hiring highly
qualified applicants who meet the Department's Employment Suitability
Standards, the Department must also equip, train and provide facilities
and logistics support for these new employees.
For sworn, the Department must obtain the maximum of 288 training
slots from FLETC and must recruit and hire 288 recruit officer
candidates who meet the established employment suitability standards.
Currently, the Department must process approximately 18 applicants in
order to find 1 applicant who meets these standards for becoming a USCP
Officer. Recruiting and hiring at this level will maximize the
Department's capacity to conduct the USCP Academy at the FLETC-
Cheltenham facility. The USCP has limited space at this location, which
must be used for not only recruit officer training, but also in-
service, Dignitary Protection and specialty unit training. Staffing for
this facility will also need to be increased in order to run two
training shifts per day to meet these increased training requirements.
For both sworn and civilian positions, the Department must provide
lockers, roll call and meeting space, and office space. Further, the
Department must have increased training and warehouse space to support
expanded services. Additionally, the Department must provide equipment
and support infrastructure to support not only the new positions, but
also the inherent support functions needed to support the overall
workforce.
Question. On retention, can you highlight for us some of the
options you are exploring so that officers and staff want to stay on
the job? Your budget request includes $2.5 million for Student Loan
Repayment. What else are you looking at in terms of incentives?
Answer. The Department has requested funding consideration for
student loan repayment and retention bonuses in the Security
Supplemental. Should the Security Supplemental not be enacted, the
Department has discussed with the committees of jurisdiction the need
to support funding for these items in the fiscal year 2022
appropriation and in out-years going forward.
Further, the Department has established a Wellness and Resiliency
Program for its workforce. This program is intended to consist of self-
care techniques, physical fitness, nutritional fitness, financial
wellness, employee assistance programs, and peer support. Funding was
requested within the Security Supplemental to support these efforts.
Should the Security Supplemental not be enacted, the Department has
discussed with the committees of jurisdiction the need to support
funding for these items in the fiscal year 2022 appropriation.
Additionally, the Department is reviewing pay and benefits concepts
for consideration to retool its sworn pay schedule, as well as
retirement calculation formulation. Once these concepts are further
developed, the Department will vet those options considered to be
viable with the Capitol Police Board for further review and
consideration.
Finally, the Department is working to review ways to better manage
the impacts of the mission requirements on the workforce, ways to
enhance administration of leave within the operational divisions,
training opportunities and broadening access to additional equipment
for its workforce. Many of these efforts are dependent on receiving
additional funding either through the Security Supplemental or the
fiscal year 2022 appropriation process.
______
Questions Submitted to Chief Yogananda Pittman, USCP Acting Chief
Questions Submitted by Senator Mike Braun
Question. Chief Pittman, during a hearing before the Committee on
House Administration last week, Inspector General Bolton testified
about his findings and recommendations related to failures of Capitol
Police Civil Disturbance Unit and Intelligence operations on January 6.
Two recommendations he cited as important were establishing a
standalone Civil Disturbance Unit and establishing a separate,
comprehensive Intelligence Bureau.
1. Does the Department plan to implement these two recommendations
made by the Inspector General report?
Answer. The United States Capitol Police (USCP) Office of Inspector
General (OIG) Flash Report B on the Department's Civil Disturbance Unit
(CDU) and Intelligence (Investigative Number 2021-I-0003-B) included 26
recommendations specific to the Department's CDU and Intelligence
operations. Of the 26 recommendations, 17 were specific to CDU
operations and touched multiple aspects, including the development of
policies and procedures to formalize CDU mission, objectives, roles and
responsibilities, increasing the training on and deployment of less
lethal munitions, incentivizing greater participation, and improving
controls on equipment inventories. To the Department's knowledge, the
OIG did not recommend that CDU have officers dedicated to its mission
100 percent of the time and that it be a standalone entity within the
Department.
However, that concept has been considered by the Department. In
fact, the Department's fiscal year 2022 request included funding for an
additional 212 sworn officers. If approved and funded, the Department
would dedicate 80 of those officers to a standby quick response force
(CDU). Provided the Department does not have a 24/7 365 need for CDU
capabilities, creating such an entity within the Department could
provide a rotating opportunity to train officers on CDU tactics as well
as provide other critical training while officers are not on campus in
a CDU capacity.
Nine (9) of the 26 OIG recommendations in Flash Report B pertain to
Intelligence operations and include the recommendation to elevate and
reorganize the Department's intelligence resources into a Bureau-level
entity. The Department has also considered this concept and concurs
with the recommendation. The Department is in the process of developing
a reorganization plan for consideration of the Capitol Police Board and
Congressional Oversight committees that will include the establishment
of an Intelligence Bureau.
Question.
2. Are these Inspector General recommendations reflected at all in
the fiscal year 2022 budget request? What additional resources would
the Department need to implement these recommendations?
Answer. The Department has requested consideration of funding in
the Security Supplemental to support the hiring of intelligence
analysts for both USCP headquarters and regional locations; significant
technology enhancements to enhance intelligence and open source
analysis; and training related to threats management, tactical
intelligence and intelligence analysis. Should the Security
Supplemental not be enacted, the Department has discussed with the
committees of jurisdiction the need to support funding for these items
in the fiscal year 2022 appropriation. Further, funding must be added
to fiscal year 2022 and in out-years to support any personnel included
in the Security Supplemental should it pass.
As for CDU functions, the Department has requested in the Security
Supplemental critical life-safety equipment that specifically enables
all sworn employees to be prepared for civil disturbance response(s).
Further funding was requested to provide for the reimbursement of
redirected fiscal year 2021 and No-Year funds used to replenish less-
than-lethal items used in response to the events of January 6. The
supplemental request also includes funding for vehicles, equipment and
training to support the overall CDU function across the Department.
Again, should the Security Supplemental not be enacted, the Department
has discussed with the committees of jurisdiction the need to support
funding for these items in the fiscal year 2022 appropriation.
Question. Chief Pittman, in fiscal year 2019 and fiscal year 2020,
the Capitol Police staffing level has been below the requested level by
hundreds of officers even though the requests have been fully funded by
the Appropriations Committees. I also understand the Capitol Police
often uses a significant amount of overtime with its staff.
3. Does the agency have estimates about how increasing staffing to
the appropriated level, and thus decreasing the use of overtime, could
help save the USCP personnel funds?
Answer. In order to reduce overtime, the Department must recruit,
hire, train and deploy the nearly 250 officers it is currently down
from its funded strength and no additional mission can be added to the
workload of the Department. Even when operating at its fully funded
levels, the Department has mission requirements that exceed those
onboard sworn staffing levels by nearly 250 sworn officers. That said,
the Department would not advocate eliminating all overtime, as it
provides mission flexibility, which creates efficiencies in fiscal
expenditures and human capital utilization.
In fiscal year 2022, the Department is seeking new sworn officers
for new mission requirements. This new mission includes additional
Dignitary Protection Agents, Threat Assessment Agents and a stand-by
Civil Disturbance Unit. Because these are identified new mission
requirements resulting from increased threats to Members and the
Legislative Branch, as well as enhanced response capacity resulting
from the events of January 6, these new sworn officers will not reduce
overtime. Again, the current overtime levels are based on pre-pandemic
and pre-January 6 requirements.
Our fiscal year 2021 overtime threshold of $50 million was
projected based on a sworn strength of 2,072 and with a specific
mission set. Since the events of January 6, the Department's mission
set has increased. While the Department has been actively recruiting
and hiring new sworn officers in 2021, it has been challenged to find
applicants who meet the established employment suitability standards.
It should be noted that in 2020, the Department was unable to hire
backfill sworn personnel because of COVID-19. The Department's hiring
process had to be converted to a virtual platform and all law
enforcement training at the Federal Law Enforcement Training Centers
was canceled on multiple occasions during most of 2020 due to the
pandemic. When training was restarted, the Department was provided with
limited training slots due to continued pandemic-related restrictions,
which further limited our ability to narrow our attrition gap.
Until the Department's post-January 6 mission set is evaluated and
codified; and, sworn recruiting, hiring, training and deployment of
attrition is met, new estimates regarding overtime utilization and ways
to decrease that usage cannot be provided or considered. The Department
will continue to work with the committees of jurisdiction as these
evaluations are conducted.
Question.
4. The Task Force 1-6 report led by General Honore recommended
over 800 new personnel authorizations. Could you speak to the
Department's ability to implement this recommendation assuming it was
funded? How long would it take to the Department to hire that many
officers under normal hiring procedures?
Answer. In order for the Department to backfill current sworn
attrition, meet Department identified new mission sets and those raised
in the Task Force 1-6 report, it would take the Department nearly eight
(8) years to meet this hiring goal. This assumes that the Department
can obtain the maximum of 288 training slots from the Federal Law
Enforcement Training Center (FLETC) and that the Department can recruit
and hire 288 recruit officer candidates per year who meet the
established employment suitability standards. Currently, the Department
must process approximately 18 applicants in order to find 1 applicant
who meets these standards for becoming a USCP Officer. Recruiting and
hiring at this level will maximize the Department's capacity to conduct
the USCP Academy at the FLETC-Cheltenham facility. The USCP has limited
space at this location, which must be used for not only recruit officer
training, but also in-service, Dignitary Protection and specialty unit
training. Staffing for this facility will also need to be increased in
order to run two training shifts per day to meet these increased
training requirements.
Question. Chief Pittman, in his report released March 31, Inspector
General Bolton stated that on January 6 the Capitol Police Civil
Disturbance Unit did not use all available less-lethal weapons, and
that heavier less-lethal weapons, such as sting balls, were not used
because of orders from leadership.
5. Who in leadership provided the order not to use heavier less-
lethal weapons and why was that order given?
Answer. In addition to the use of lethal force on January 6, 2021,
USCP officers used oleoresin capsicum (OC) spray, batons, and physical
force, including defensive blows, to combat insurrectionists. USCP CDU
platoons and SWAT teams also deployed various mass munition deployment
systems, including FN303 weapon systems, MK-9 and MK-6 OC Spray
Systems, and flash bang grenades.
There were multiple less lethal munition systems that the
Department did not deploy on January 6. However, the decision not to
use them was a carryover from the Department's response to the June 1
incident in Lafayette Square where Federal law enforcement used tear
gas on protestors. After that incident, the Department reviewed its
less lethal munitions and determined that it lacked the policy and
training necessary to safely deploy certain less lethal munitions
within its arsenal. Additionally, one system was not deployed because
it was deemed obsolete. Decisions to not use these weapons were not
related to January 6. Further, it is worth noting that some of the
munitions the USCP did not deploy on January 6 were deployed by
Metropolitan Police Officers in efforts to stop insurrectionists.
Question.
6. Does the fiscal year 2022 budget request include funds to
update any dated heavier less-lethal equipment and provide training to
officers on how to properly use those weapons?
Answer. Following the events of January 6, the Department
redirected fiscal year 21 funds to support the immediate replenishment
of critical less-than-lethal equipment. The Department also immediately
began to train new sworn officers who were awaiting CDU training. In
the Security Supplemental request, the Department has asked for
consideration for funds to replenish the redirected funding and to
provide funding for supervisor training related to CDU functions. The
Department has also requested in the Security Supplemental critical
life-safety equipment that specifically enables all sworn employees to
be prepared for civil disturbance response(s). Further funding was
requested to provide for the reimbursement of redirected fiscal year
2021 and No-Year funds used to replenish less-than-lethal items used in
response to the events of January 6. The supplemental request also
includes funding for vehicles, equipment and training to support the
overall CDU function across the Department. Again, should the Security
Supplemental not be enacted, the Department has discussed with the
committees of jurisdiction the need to support funding for these items
in the fiscal year 2022 appropriation.
Question. Chief Pittman, events of national significance are often
designated a National Security Special Event. Under this designation,
the Secret Service takes the lead on coordinating and implementing the
security of the events.
7. How many events per year does the Capitol Police typically
participate in that are designated as a National Security Special
Event?
Answer. The number of National Security Special Events (NSSE) that
USCP participates in annually varies depending on the year. The most
common re-occurring NSSEs that include USCP are State of the Union,
Democratic and Republican national conventions, Inauguration and
summits that include Congressional participants. For the events hosted
on Capitol Grounds, USCP participates as a member of the NSSE Executive
Steering Committee for the purpose of planning and coordination.
Question.
8. In light of January 6, would the Capitol Police now advise the
Capitol Police Board to seek a National Security Special Event
designation in a greater number of instances for events at the Capitol?
Answer. Currently, once an event is designated as an NSSE, the
security of that event is coordinated and, in large part, governed, by
the Executive Branch, specifically the Department of Homeland Security.
Though the NSSE process spurs needed coordination and support from
multiple participating law enforcement entities, all authorities
including final decision authority for NSSEs are derived exclusively
from an Executive Order.
As a Legislative Branch entity charged with protecting the Congress
and often Congress-specific events, the Department would like to work
with the Capitol Police Board and Congressional Oversight Committees to
implement a similar process that spurs the same level of coordination
led by the Legislative Branch.
______
Questions Submitted to Hon. J. Brett Blanton, Architect of the Capitol
Questions Submitted by Senator Jack Reed
capitol security physical assessment
Question: Mr. Blanton, we recently approved a transfer of $10
million so that the AOC can contract for a physical assessment of the
security of Capitol facilities, on and off campus. This is one of the
last reviews needed for us to get a full understanding of what went
wrong on January 6 and what the Capitol campus lacks in physical
security.
--Please detail for us what the assessment will look at, and how long
that will take. Have you awarded the contract yet? Who is the
contractor and why did you select this contractor?
Answer. The purpose of the effort is to obtain an accurate threat
assessment for the Capitol Complex and associated off-site facilities,
an assessment of physical security measures that currently exist, an
assessment of planned projects, identification of measures that are
recommended to alleviate gaps or weaknesses in physical security within
the next 60 to 90 days after award, and measures that are recommended
to enhance long-term security. The assessment will consider physical
security and antiterrorism for historical and monumental buildings and
grounds, options to secure entry points, improve standoff, establish
compartmentalized security options for the key facilities, improve
safety lighting and assess measures for security postings. Each
recommendation shall include an estimated cost break out and schedule
to implement as well as total ownership costs (TOC). We expect the
assessment to be completed by the end of the year.
The assessment was awarded to the U.S. Army Corps of Engineers and
includes personnel from the Protective Design Center, which is the
preeminent governmental authority regarding the two primary concerns of
physical security: prevention and protection.
aoc institutional reforms
Question. You have been the Architect for just over a year. In
addition to the unanticipated demands of dealing with pandemic
operations and the attacks on the Capitol, you also came to an AOC in
need of transformation. In your opening statement, you mention that you
committed to conducting a top-down assessment of the agency to identify
the most urgent needs and address the critical issues. The AOC's fiscal
year 2022 budget request reflects that with several new initiatives,
but these cost money.
--Can you highlight for us why these initiatives are important to the
AOC and what would happen if we can't implement them? Where
would that leave the Architect of the Capitol as an
organization, as well as the Capitol community?
Answer. One of the reasons I was selected as the Architect of the
Capitol was my relevant background in and commitment to modernizing the
agency, improving use of Federal resources and increasing support to
our tenants. I pledged to be a transformational leader who will build
upon our successes and usher in a new era. The solutions included in
the agency's budget request are strategic, cost effective and far-
reaching in their intended goals and outcomes. Specifically, I have
included in the fiscal year 2022 budget request $3 million to begin our
organizational and cultural behavior transformation initiatives
designed to ensure we deliver a high-quality customer experience. These
initiatives will provide our employees with personal development
including workplace respect, accountability, and diversity inclusion
skills.
Additionally, the agency has not had dedicated funding for capital
project planning. As a result, construction budgets for projects have
often been incorrect and required reprogramming of funds to complete
the project. This request provides for a dedicated planning budget to
provide better estimates for projects in future budgets.
Other initiatives such as Enterprise Asset Management have been
shown to shown to have a documented Return on Investment (ROI) of under
5 years when implemented. This initiative will also significantly
address deferred maintenance by enabling the agency to prioritize
projects that produce the greatest impact in reducing deferred
maintenance.
My understanding is that Congress expects more out of the agency
and these changes will result in a higher level of service,
transparency and accountability to meet your expectations. Unfunded, no
transformation will proceed.
______
Questions Submitted to Hon. J. Brett Blanton, Architect of the Capitol
Questions Submitted by Senator Mike Braun
Question 1. Mr. Blanton, as the Architect of the Capitol, your
agency handles physical security infrastructure for the Capitol
complex. Following January 6, there has been significant discussion of
physical security systems on the Capitol campus. The AOC recently
transferred funds to begin a campus wide security assessment which will
produce recommendations for enhancing short and long term security.
When do you expect this assessment to be complete? And do you plan
on making any investments in physical security prior to this assessment
being completed?
Answer. We expect the assessment to be completed by the end of the
year. The AOC is not in the position to develop or implement any
security upgrade projects in response to January 6 without the
assessment's recommendations and estimated costs and schedules. In-kind
repairs are being made.
Question 2. Once the assessment provides recommendations,
congressional stakeholder engagement will be important so that there is
broad buy-in on potential physical infrastructure changes to the
Capitol and the surrounding campus. Will you commit to seeking full
stakeholder involvement before moving ahead with any recommendation
from the assessment?
Answer. Yes, stakeholder engagement is a priority. The AOC is
conducting this assessment for the benefit of campus stakeholders, so
that you are able to make fully-informed decisions about the future
physical security posture. There will be ample opportunity for all
stakeholders to weigh in. Additionally, Congress will be responsible
for providing the agency with proper resources as the agency does not
have the funding or personnel that will be required to implement many
decisions made.
Question 3. In your view, does operational security, such as
Capitol Police presence or structure, influence decisions about
physical security?
Answer. The physical security assessment team includes
representatives from the United States Capitol Police (USCP). The USCP
will inform the assessment team of the impact of recommendations on
operational security and will also use the physical security
recommendations to inform their on-going operational security
assessments.
______
Questions Submitted to Hon. Karen H. Gibson, Sergeant at Arms and
Doorkeeper of the Senate
Questions Submitted by Senator Jack Reed
Question. The Senate SAA fiscal Year 2022 budget requests $25
million to establish a Business Continuity Disaster Recovery revolving
fund, which you mention in your opening statement.
--General Gibson. Why does the Senate SAA need such a fund? Can you
provide examples for us on what the SAA would use such a fund
or that you currently cannot do? Are there things during COVID
or post-January 6 that such a fund would have been useful in
response efforts?
Answer. The Senate Sergeant at Arms (SAA) needs a no-year Business
Continuity Disaster Recovery (BCDR) fund to allow the Senate to develop
and maintain continuity capabilities and to quickly meet unanticipated
needs. The BCDR fund could cover the cost of Information Technology
(IT) disaster recovery planning and operations, business continuity
planning and operations, emergency communications, and general
contingency planning.
Tangible examples include the following:
--Technology for Senators to ensure robust communications during
emergencies, including when Senators are located away from
Capitol grounds;
--Establishing a joint Senate Operations Center;
--Backup data centers and related infrastructure;
--Lifecycle replacement (IT hardware and software used to support
continuity/disaster recovery on Capitol grounds and at
alternate locations);
--Information security (Secure IT equipment and testing/training/
exercises);
--Emergency Communications(Telecommunications, Synchronous Optical
Networking (SONET) ring), hardware and software maintenance,
cellular on wheels, mobile broadcast vehicles, IT equipment,
Senators and staff accountability tools;
--Alternate Chamber Locations (Maintain readiness of fixed and mobile
contingency sites);
--Continuity Planning (Planning and related exercises).
Emerging requirements often develop quickly following an event. For
example, due to COVID, in March 2020, the SAA executed more than $2M in
support of IT software, hardware, increased internet bandwidth,
conferencing services, and Virtual Private Network (VPN) upgrades.
Additionally, with Rules' direction/approval, the SAA is now authorized
to provide additional state facilities, services, equipment, and office
space in connection with a federally declared disaster. In 2020, two of
our state offices were destroyed by Hurricane Laura. This BCDR fund
ensures that the SAA can move quickly to re-establish state operations
for Senators whose offices have been impacted. Further, the events of
January 6 identified a need for better situational awareness,
information sharing, encryption, and better communications
capabilities, providing another potential use of BCDR funds. While some
solutions have been identified, others will take time to ascertain. The
appropriations cycle does not always align with stakeholder
requirements identification and decision-making following an
unanticipated event, making this fund critical to providing
capabilities to the Senate in a timely manner.
Question. Can you provide us with assurance that any obligation
from the fund is to be treated as a reprogramming request to this
committee, and not just a notification that you intend to obligate
these funds? I ask because we want to ensure tight control,
accountability and oversight of a large, new pool of funding.
Answer. We would treat any obligation of funds from this account
similar to how we treat procurements over $100K and reprogramming
actions. Contracts are not awarded and reprogramming actions are not
executed without written approval from either the Rules or
Appropriations Committee.
Question. General Gibson, you have been on the job for roughly 3
weeks. You come to SAA after a long career in the Army in intelligence
and cybersecurity, as well as serving on the Honore task force review
of Capitol security. You bring a set of fresh eyes to the Senate.
--What are some of the things you were surprised at that the Senate
does or doesn't do in terms of how it operates? What are some
of the ways we can modernize how the Senate functions?
Answer. Some of the things I was surprised to learn is how each of
the Senate offices operates differently, and while some offices are
more IT independent, others are in need of better IT support.
Additionally, the distributed nature of the offices presents a number
of challenges to include cybersecurity and modernization, as offices
comfort level at adopting new and modern technologies is different.
However, COVID did propel the Senate to more quickly adopt Cloud-based
technologies toward the path of modernizing. For example, the rapid
adoption of modern, secure, and reliable video and audio-conferencing
technologies during the pandemic (Webex, Teams, and ZOOM) paved the way
for supporting large-scale remote work, as well as remote and hybrid
Committee Hearings. Additionally, major improvements were made to the
Senate network and data center posture to support large scale telework
operations, which included reconfiguration of network equipment,
increasing internet bandwidth, and refreshing IT equipment.
Moving forward, we will modernize and replace our existing
telephone system and legacy video/audio conference solution (Skype)
through our Unified Communications and Collaboration (UCC) effort,
which will upgrade the legacy Voice over Internet Protocol (VoIP)
telephones, core switch, and associated subsystems, which are nearing
end of life. This includes: voicemail, instant messaging, contact
center, integrated voice response systems, audio/video conferencing,
and other collaboration tools that support Senate offices. We will
continue to follow a cloud-smart approach guided by our Hybrid Cloud
Strategy and look for opportunities to use cloud services to meet
customer needs. This includes modernizing and securing Senate public
facing websites; implementing modern and top tier customer ticketing
systems; modernizing the Constituent Services Systems; and better
posturing the Senate network through our data center modernization
effort which includes geographically disbursed data centers, as well as
increased use of Cloud services.
The Cloud has a number of benefits to include: delivering secure
and modem services more quickly; scaling services up and down based on
customer demand which allows the SAA to be more agile based on
fluctuating needs and to only pay for what is consumed, rather than
having to make a large, upfront capital investment; improved
reliability and availability of data and services; and future
innovation at reduced costs. With the recent passing of the
Consolidated Appropriations Act (CAA), 2021, which included language
that protects Senate data when using cloud or electronic communications
services, it now opens the door to greatly expand the use of these
secure and robust Cloud technologies to modernize the Senate.
Question. With cybersecurity playing such a huge role in the SAA's
responsibilities, what do you plan to do to protect the Senate's
computer networks? Does this include an examination of current
procedures/operations?
Answer. There are several areas that can help to better protect the
Senate network, and most of them involve changes to current procedures
and operations, and less on new technologies. The following 4 areas are
key:
1. Policy Development and Enforcement
In July 2020, the SAA began to roll out Cybersecurity policies and
is in the process of developing the full suite of Cybersecurity
policies by the end of CY21. To date, these first few policies have had
a major impact on reducing the cyber risk across the Senate. For
example, the Identity and Access Management (IAM) Policy signed in July
2020 helped to drive the Senate from less than 20 offices to now 122
offices and Committees that are using a secure tool to protect the
offices most privileged accounts, a huge reduction in risk. If these
privileged accounts were compromised--it is much more damaging than a
regular user account--because these are the accounts that can create,
delete, and perform privileged actions on other accounts. Similarly,
the Trusted Device Policy has laid the foundation to enable digital
certificates to be pushed to all Senate devices (mobile and computers)
that restricts access to the Senate network for only Senate issued
devices--greatly reducing risk from rogue and untrusted devices. We
plan to complete this effort by summer 2021. Future policies will focus
on some of the key areas identified in the House Task Force report,
like restricting the forwarding of official email to unsecure email
platforms, and potentially blocking thumb drives.
2. Auditing for Compliance to Policy
Conducting technical and policy audits to ensure that cybersecurity
policies are being followed is key to enhanced cybersecurity. The
Cybersecurity Department has developed a methodology to not only
evaluate the network for risk, but also a reporting strategy to advise
offices and committees on a biannual basis of their compliance to
policy and to the associated level of risk they are accepting from a
cybersecurity perspective.
3. Expanded Penetration/Vulnerability Testing
To date, the SAA conducts penetration testing (to see who can get
into our systems) against all of our high-value SAA Enterprise systems,
including Exchange (email), Active Directory, and others. The
Cybersecurity Department will be expanding the penetration testing to
the Committees and offices to better identify and mitigate issues on a
reoccurring annual basis.
4. Maturing the Risk Assessment Process and Reducing of Shadow IT
The SAA will continue to improve and mature the Cybersecurity Risk
Assessment process, and will be soon publishing a policy on this
effort. The policy will require all technologies used on the Senate
network to have a risk assessment conducted. If the technologies are
rated as a high risk--they will not be used on the Senate network,
moderate and low can be used with the proper mitigation controls. This
will greatly reduce the risk to the Senate network and data, and will
help to reduce the amount of unapproved and risky technologies that are
currently in use.
Question. To the extent you can speak publically, how do you intend
to improve protection of Senators? What are you doing to ensure that
SAA and the Capitol Police are more proactive on communicating about
Member events and travel? And what are you doing to make sure Senate
Offices participate in the assessment process?
Answer. Over the past 12 months we have had scheduled calls with
the Chief of Staff (COS) from each office to proactively reach out and
offer our services when it comes to member events and travel, security
awareness briefs and security tips to staff when planning, scheduling
and advancing events for their Senator's.
Our goal with asking for 4 new Member Outreach and Security
Coordination Analysts is to better provide coverage for time zones west
of the District of Columbia (DC), with more use of the Law Enforcement
Coordination (LECOR) program and airport escorts from States further
west. These additional Full Time Equivalents (FTE) will allow for more
office coverage and more timely responses to requests.
Every Monday we send a notice out to COS's, clerks, schedulers and
Admin Directors reminding them of the LECOR program we have in place in
coordination with United States Capitol Police (USCP).
One additional time in the week (depending on the Senate schedule)
we send another notice to the same group asking for their travel
itinerary in order to provide airport escorts both in the National
Capitol Region (NCR) and wherever their travels may take them. This
information allows the staff to have a Security Point of Contact (POC)
at the airports even if they just wish to notify us of their travel and
are not asking for an escort. This information flows through the newly
formed USCP Dignitary Protection Division (DPD) Air Ops group.
The State Office Operations Group meets regularly with Federal
Protective Services (FPS) to share information/best practices and
explore options for providing additional support/security to Members in
State offices.
We have commissioned an independent study of our existing suite of
physical security enhancements offered for State offices to ensure they
still meet or exceed Federal and industry standards and address the
evolving threat posture of our Members.
While 98.5 percent of State offices have adopted some level of SAA-
recommended security enhancements, we are conducting more aggressive
outreach and offering virtual Security Awareness Briefings (SABs) to
State staff to ensure higher levels of fluency in emergency
preparedness issues and more frequent/consistent use of security
enhancements.
______
Questions Submitted to Hon. Karen H. Gibson, Sergeant at Arms and
Doorkeeper of the Senate
Questions Submitted by Senator Mike Braun
Question 1. General Gibson, in his report of March 31st, USCP
Inspector General Bolton recommended reorganizing intelligence
operations into a single intelligence bureau within the Department, and
made several other recommendations related to training and guidance for
intelligence processes. You come from a background in intelligence and
as a member of the Capitol Police Board will play a role in any reforms
made to the Capitol Police.
What is your view on the recommendation to establish a separate
intelligence bureau within the Capitol Police?
Answer. I agree with the United States Capitol Police (USCP)
Inspector General (IG) on the need to ensure USCP's intelligence
function is structured in a way that supports effective dissemination
of intelligence throughout the department. USCP sworn and civilian
personnel supporting the intelligence function must be properly trained
and supported through continuous learning. The establishment of a
separate Intelligence Bureau within the U.S. Capitol Police
organizational structure is something that should be carefully
considered. I am encouraged by the immediate actions that the Capitol
Police are focused on to improve their current intelligence capability.
These action include providing additional human resources to the
current Intelligence and Interagency Coordination Division (IICD) and
developing stronger and more formal working relationships with other
law enforcement organizations both inside and outside the National
Capital Region. In addition, the Capitol Police are also working to
identify and employ the most current technology tools used in the law
enforcement intelligence field. Beyond improving the intelligence
function, the Capitol Police are focused on ensuring that their
organization's intelligence capability is closely linked to the right
police leadership at all levels so that the right operational decisions
can be made in a timely manner. Intelligence informs operational
decisions and the two have to be closely linked in organizational
structure, standard operating procedures and most importantly everyday
practice.
Question 2. The Senate Sergeant at Arms also has an intelligence
component that the budget request seeks funding to expand. It is
critically important moving forward that the Legislative Branch improve
its intelligence practices. How will you improve the Senate Sergeant at
Arm's intelligence function and ensure that it works in better
coordination with Capitol Police?
Answer. I am looking at everything we do in my office as it relates
to improving our intelligence function. To be specific, we are focusing
on improving our internal ability to identify threats to the U.S.
Senate. This includes threats to individual Senators, our facilities
here in Washington, D.C., the Senate State offices and our cyber
systems and platforms. We intend to reinforce a proactive approach by
expanding our team dedicated to these functions, and ensuring we are
equipped to meet those challenges as threat activity volumes increase
and evolve. Our main focus remains better resourcing our current threat
identification capability and leveraging formal relationships with
other intelligence organizations. These relationships include but are
not limited to the USCP, State Intel Fusion Centers, the U.S. Secret
Service, the U.S. Marshal Service, the U.S. State Department's
Diplomatic Security Service, the Federal Bureau of Investigation and
other organizations with the shared interest of protecting people and
critical infrastructure. At the same time, we are expanding our threat
identification capability, improving our ability to ensure these
threats are coordinated with the right organization and executing
continuous follow up until the threat is reduced. Finally, in an effort
to be a leader in the ever-changing environment of open source
protective intelligence and threat discovery, we will focus on
researching and applying agency best practices and industry standards
while leveraging the available technologies to meet these ends.
Question 3. General Gibson, we've discussed at length physical
security of the campus but equally important is the cybersecurity of
the Legislative Branch. Across government we've seen increasing cyber-
attacks from hostile governments and other bad actors. The SAA's budget
request calls for significant and continued investment in cybersecurity
capacity.
How would you describe the cyber threat level the Senate faces and
our readiness to meet sophisticated cyber-attacks?
Answer. The cybersecurity threat continues to remain high,
especially with the recent reporting of the SolarWinds, FireEye,
Microsoft and Colonial Pipeline breaches. The Cybersecurity Department
continues to implement a state of the art approach to defending the
network and continued investments will support maintaining and
enhancing this capability to keep pace with the evolving cybersecurity
threat. Here are some examples to describe our readiness to
sophisticated cyber-attacks:
Awareness.--We have developed a multi-dimensional approach to
advise the user community of cybersecurity threats. We do this
by publishing cybersecurity advisories, briefing Senate offices
and bringing guest speakers from the commercial sector, as well
as, academia, to brief the user community on real-world
threats.
Evaluation of Risk.--We have developed a methodology, using
international and Federal standards, to evaluate the level of
risk being accepted when procuring information technology (IT)
products. These assessment reports are published to the offices
procuring the technology so they are aware of the risks
associated with the product or service.
Cloud-based Services.--As many products and services move to
the cloud, the cybersecurity adversary is moving to the cloud
as well and as a result, cybersecurity defenses must address
this too. The SAA Cybersecurity Department continues to
implement cloud based defenses to secure the Senate's use of
the cloud. The cloud brings robust and modern capabilities to
the Senate quickly, which increases business productivity and
customer satisfaction.
Question 4. What initiatives are included in the request to further
improve the Senate's cybersecurity readiness?
Answer. There are six initiatives being executed to improve the
Senate's cybersecurity readiness. These include the following:
Modern Event Ticketing System.--The SAA Cybersecurity
Department is currently migrating from an antiquated ticketing
system to a modern system designed to effectively track and
manage cyber-related customer requests, in order to triage and
communicate timely information to resolve cyber incidents.
Additionally, this same system will also be used to replace the
legacy Help Desk ticketing system, and will provide a common
ticketing system for the entire CIO organization.
Next Generation Firewall.--This state of the art cloud-based
capability will provide several benefits to include the
replacement of the legacy on premise platform to filter web
traffic for malicious activity, and will improve the
performance and user experience for staff working remotely or
in State offices, as the tool is made to support a remote
workforce and cloud services more efficiently.
Another new technology being introduced is the cloud access
security broker (CASB). The CASB is a critical element in the SAA
Cybersecurity Department's ability to defend Senate users and data
while accessing cloud based systems. This system will ensure that only
authorized users and authorized Senate devices will access Senate data
in the cloud and will alert Cybersecurity staff if there is a breach.
To ensure the readiness of the Senate endpoints (laptops and
desktops), the Cybersecurity Department is upgrading its current
antivirus to latest cloud enabled version. Through this upgrade, remote
and State office users will be better protected even if they are not
connected to the Senate virtual private network (VPN), and
cybersecurity defenders will have real-time visibility to attacks (such
as ransomware) against these devices 24 hours a day, 7 days a week, 365
days a year.
The use of social media continues to be on the rise, not only by
users, but also by the attacker. The Cybersecurity Department is
implementing a technology to improve its ability to detect impersonated
social media accounts and advise offices and committees of these
violations.
Lastly, as referenced above, due to a large number of users being
remote, identifying vulnerabilities on endpoints is a challenge. The
Cybersecurity Department is procuring an updated version of the
existing vulnerability scanner to install on all endpoints. With this
procurement, the Cybersecurity Department will have real-time analysis
of vulnerabilities and be able to immediately notify offices of any
issues, and to quickly remediate and prevent cybersecurity attacks such
as ransomware or data exfiltration.
SUBCOMMITTEE RECESS
The next hearing of the subcommittee will be held on
Wednesday, April 28th, at 2:00 p.m., in Dirksen 192, when we
will hear testimony from the Librarian of Congress, the
Comptroller of the Government Accountability Office, and the
Director of the Congressional Budget Office regarding the
fiscal year 2022 budget requests.
Until then, the committee stands the adjourned.
[Whereupon, at 3:11 p.m., Wednesday, April 21, the
subcommittee was recessed, to reconvene subject to the call of
the Chair.]
LEGISLATIVE BRANCH APPROPRIATIONS FOR FISCAL YEAR 2022
----------
WEDNESDAY, APRIL 28, 2021
U.S. Senate,
Subcommittee of the Committee on Appropriations,
Washington, DC.
The subcommittee met at 2:00 p.m., in room SD-192, Dirksen
Senate Office Building, Hon. Jack Reed (Chairman) presiding.
Present: Senators Reed, Murphy, Heinrich, Braun, Shelby,
and Rubio.
CONGRESSIONAL BUDGET OFFICE, GOVERNMENT ACCOUNTABILITY OFFICE, AND THE
LIBRARIAN OF CONGRESS
OPENING STATEMENT OF SENATOR JACK REED
Senator Reed. Good afternoon. The subcommittee will come to
order. I'd like to welcome everyone to the second of our fiscal
year 2022 budget hearings for the Legislative Branch
Appropriations Subcommittee. And I'm joined by my Ranking
Member, Senator Braun and Senator Heinrich, and we're delighted
to welcome our witnesses. Today, we have with us the Librarian
of Congress, Dr. Carla Hayden; the Comptroller General of the
US Government Accountability Office, Gene Dodaro; and the
Director of the Congressional Budget Office, Dr. Phillip
Swagel.
Welcome, and thank you all for joining us here today to
testify. The roles that the Library, CBO, and GAO all play are
critically important to making sure that Congress can serve the
American people well. Your agencies help Congress, supporting
us on our basic responsibilities to be informed and educated on
behalf of our constituents.
Let me begin by thanking the women and men of your
agencies. The past year has been difficult from the COVID-19
pandemic to the January 6 attack on the Capitol. You have had
to spend regular appropriations beyond what we provided last
year on the CAREs Act on unanticipated IT enhancements, PPE,
cleaning, and security course. Because the Senate and the House
continue to meet, the already heavy workloads of CRS, GAO, and
the CBO have increased to meet congressional requests for
reports, analysis, and orders to inform legislative responding
to the pandemic.
The Library, for example, has delayed the construction of a
needed storage module at Fort Meade so we could use the $40
million to cover Emergency Capitol Campus Security and COVID-19
course. And as I mentioned the support to Congress, I'd like to
think the GAO for letting Elizabeth Field come and testify
before the Armed Service Committee on Tuesday, another example
of your contribution to our efforts.
But as I said, these challenges didn't stop the Library,
the CBO, and GAO from delivering for Congress and the American
people. CBO has turned out reports. GAO is auditing the
trillions of dollars provided by Congress for the Government
Live Response to COVID-19 and continues its important oversight
role to make sure those funds are spent responsibly.
CRS increased its science and technology, analytical
capacity to repair and update more than 1,000 new products on
COVID-19 related issues. And the Library ramped up its public
outreach, to include a variety of virtual events, webinars, and
workshops so that researchers, teachers, parents, and
especially our children could still access and learn from its
rich and diverse collections.
As our Nation gradually opens and your agencies responsibly
resume in-person operations, we owe it to your employees not
only to provide the resources they need to do the job, but also
to meeting any new demands or innovations identified in the
pandemic. I hope we can soon deliver on our promise to make you
whole with an emergency supplemental. Meanwhile, I want to know
how those unanticipated course have impacted your missions.
Our public libraries serve the common good and are
destinations and catalysts for advancement. So, Dr. Hayden,
we'll want to hear from you on the progress of the Library's
Visitor Experience Project. This is an exciting public/private
partnership that will make the Library's treasures more
accessible to students, researchers, and visitors to the
Nation's Capitol for generations to come. The Library's fiscal
year 2022 requests also include critical investments to cover
gaps in security and communications that came to light on
January 6.
Finally, it continues a common thread across all Library
components: IT, modernization, and cyber security. We need to
make sure the Library can provide access to its collections in
order to better serve the public; but also, able to protect
sensitive information from CRS, the Copyright Office, and the
Law Library; and guard against cyber criminals using Library
assets as a gateway to hack the Congress.
Comptroller General Dodaro, GAO serves as Congress'
independent and non-partisan watchdog. We provided $107 million
for GAO to conduct oversight of the trillions of dollars
provided by the Federal Government beginning more than a year
ago for Coronavirus Response and Recovery efforts. You spent
roughly a third of that funding on dozens of pandemic-focused
engagements already. I'm interested in learning more about
GAO's current and future work, evaluating how we can improve
decisions in our national response to ongoing pandemic
challenges. It's good to know that GAO can and will continue to
provide an eye on the ground for us. We owe it to the American
people to get recovery funds out the door quickly and ensure
that they are spent effectively and efficiently. Your COVID-19
oversight duties are on top of GAO's ongoing efforts to improve
Government efficiency and effectiveness, and root out waste,
fraud, and abuse.
Director Swagel, Congress relies on CBO to offer expert and
non-partisan analysis to inform budget decisions and economic
deliberations essential to the legislative process. CBO's
budget request seeks to make CBO's work even more transparent
and responsive to Congress. The bills you analyze only grow in
complexity and demands for your cost and this estimates have
increased. Your budget continues to reflect your priority to
get it right and to quickly and effectively inform Congress of
your findings. For fiscal year 2022, CBO request adding four
new staff to respond more quickly to questions related to your
models and during times of high demand, particularly with an
eye toward more analysis of infrastructure, energy, and climate
change issues.
In this subcommittee, we want to make sure the Library,
CBO, and GAO can help keep Congress informed and educated so we
can make good decisions on behalf of the American people. We
should not skimp on these investments, because in the end, they
help us better serve our constituents, yet, we will have to
balance the needs of all of the legislative agencies against
our resources. That includes supporting your agencies while
also making sure other priorities are protected in our bill.
Now, I want to thank you all, again, for coming; and I look
forward to our discussion today. Now, let me turn it over to
Ranking Member, Braun.
OPENING STATEMENT OF SENATOR MIKE BRAUN
Senator Braun. Thank you, Mr. Chairman. Dr. Hayden, Mr.
Dodaro, and Dr. Swagel, welcome. Thanks for being here. Each of
your agencies plays an important role in supporting the work of
Congress.
Dr. Hayden, we spoke earlier this month about the Library
of Congress' valuable service; both in support of legislative
function and in making the congressional process more
transparent for the American people. The Library provides
information and expert research on a wide range of topics both
to members and staff, and to the public at large, and it
delivers an incredible resource as you preserve our national
history.
The GAO and the Congressional Budget Office both serve
critical roles in ensuring Congress can make informed
decisions, particularly with respect to evaluating the
budgetary impact of new laws.
I am particularly concerned by Congress' seeming inability
to address the slow-moving national debt crisis. In CBO's most
recent long-term budget outlook, the agency writes that
persistently rising debt as a percentage of the GDP poses
significant risks to the Nation's fiscal and economic outlook.
CBO further notes that Congress' inability to balance its
budget weakens the American economy by crowding out private
investment and increasing the risk of a financial crisis. GAO
has made similar warnings, writing in its fiscal year 2020
Financial Audit that Congress should consider including fiscal
rules and targets, such as debt-to-GDP targets as part of a
long-term fiscal plan. I know we've talked about that a lot.
I've only been here a little over 2 years; and I know it's been
discussed long before that. It seems to be a subject few are
interested in. I support this approach, and have introduced
bicameral legislation called The MAPP Act, which would attach
spending targets to GDP. Even though the Legislative Branch
Appropriations bill is only a small part of Federal spending,
our debt crisis threatens every congressional priority.
We must remain diligent to ensure that every taxpayer
dollar advances the interests of the Nation. Each day we wait,
the economic consequences increase, making the problem harder
to solve, pushing it on to our kids and our grandkids; and to
run a place like this, and borrow 23 percent of our annual
budget, let alone the debt we've added on here recently to me
is cause for concern.
Thank you, again, to our witnesses for being here. I look
forward to your testimony.
Thank you, Mr. Chairman.
Senator Reed. Thank you, Senator Braun. Are any of my other
colleagues wishing to make a statement? Thank you. At this
time, I'll recognize, beginning with Dr. Hayden, all of our
witnesses, to give brief opening statements, approximately 5
minutes. Dr. Hayden, you can begin, and then we'll go to Mr.
Dodaro.
STATEMENT OF HON. DR. CARLA HAYDEN, LIBRARIAN OF
CONGRESS
Dr. Hayden. Thank you, Chairman Reed, Ranking Member Braun,
and Members of the subcommittee for this opportunity to testify
in support of the Library's fiscal 2022 budget.
And a little over a year ago, we had to close the Library's
doors to everyone as the pandemic began. We opened other
avenues that allowed us to serve Congress and the American
people in new and innovative ways. And thanks to your support
and investments in the Library's IT infrastructure, the network
was able to handle an 800 percent increase in the remote
workforce and essential services, including the CRS and the
Copyright Office were able to operate largely as normal. We
transformed the Library's public outreach by moving events
online. We created new digital programs, and we even reimagined
others, developing new audiences for the Library beyond those
who couldn't visit us in person. And with congressional support
and private philanthropy, we are on schedule to unveil the
Visitor Experience in phases, beginning in late calendar 2022.
Worthy of special note during this time is the National
Library for the Blind and Print Disabled, NLS, with its network
of State and local library circulated more than 20 million
copies of braille, audio, and large print items. And I'd like
to take this opportunity to recognize NLS director, Karen
Kininger, who joined the Library in 2012, and will retire at
the end of May. Her priorities were to leverage advancing
technology and expand content for all print disabled person.
She accomplished these goals and so much more for the NLS.
I'd also like to express my gratitude for your support in
the fiscal year 2021 funding bill for high-priority needs, such
as cyber security enhancements, state of the art shelving for
the Law Library, and enhanced science and technology capacity
for CRS. And thank you, as well, for your support for the
Library's new preservation strategy and collection storaging
modules at Fort Meade as part of the Architect of the Capitol's
budget.
I would like to note that the funding from the AOC's budget
designated for Storage Module 7 was reprogrammed for the
fencing surrounding the Capitol Campus after January 6; and we
would ask that this vital funding be restored to the AOC's
budget as part of any Security Supplemental Bill that the
committee may consider.
I come before you today to discuss the Library of Congress'
fiscal year 2022 appropriations request for approximately 846
million, a 5.5 percent increase over the Library's fiscal year
2021 enacted appropriation. This request includes 24.2 million
in mandatory pay and price level increases. The balance of the
increase represents critical program investments necessary to
fulfill the Library's role, continue modernization efforts, and
ensure the safety and security of the Library's collections and
work force.
The budget request seeks to replace the Legacy Integrated
Library System that was installed in 1999 in preparation for
Y2K with a modern Library Collections Access Platform that will
be the heart of the Library's collection management, physical
and digital, for the next generation.
We're requesting funding to continue to modernize and
optimize our financial management and planning by establishing
a new Enterprise Planning and Management Program, and the
budget seeks to modernize the Library's nearly 20-year-old
Integrated Electronic Security System that's used both by the
Library and the U.S. Capitol Police for physical security
monitoring of Library facilities and collections.
We're asking for funding to replace the Library's End of
Life 3G Cellular System that provides connectivity for only
about 50 percent of the Library's facilities.
And I'd like to note that these two requests were very
important, and continue to be important, for life, safety, and
security, and would be good candidates for any Supplemental
Security Bills as well.
We also want to have funding to implement the same level of
IT security across both the Library's data centers and the
cloud-hosting environments. And then, in addition to supporting
Library employees with advanced, virtual collaboration tools
that were highlighted this year, we are requesting funding to
expedite the transition from Microsoft Office to Microsoft 365.
So finally, I'd like to acknowledge our new Register of
Copyrights, Shira Perlmutter, and this budget request funds the
implementation of the Copyright Alternative and Small Claims
Act, or the CASE Act, with the creation of a small claims
court.
So, in closing, the Library's 2022 congressional budget
continues a sequence of strategically planned modernization
efforts across the Library, supports the security of our vast
collections, and enhances the safety of our workforce and
visitors.
[Statements of Dr. Carla Hayden, Shira Perlmutter, and Mary
B. Mazanec follows:]
Prepared Statement of Hon. Dr. Carla Hayden
Chairman Reed, Ranking Member Braun, and Members of the subcommittee:
Thank you for the opportunity to provide testimony in support of
the Library's fiscal 2022 budget.
The Library of Congress has built one of the largest collection of
human knowledge ever assembled in support of its mission to engage,
inspire, and inform Congress and the American people with a universal
and enduring source of information and creativity. We are an
authoritative source of knowledge to be used for a purpose. My top
priority as Librarian of Congress remains expanded user access to the
Library's resources and services. We constantly strive to find ways to
share our extraordinary riches more broadly and deeply.
When the pandemic struck a little over a year ago, the Library
needed to move rapidly to adopt new approaches to carrying out its
mission of serving the Congress and the American people while at the
same time ensuring that employees and contractors were able to work in
safety. Thanks to congressional support for investments in IT
infrastructure over the past several years, the Library's network was
able to handle an 800 percent increase in the remote workforce.
Essential services including CRS and the United States Copyright Office
were able to operate largely as normal. The Library continued to
provide public access by creating new programs, reimagining others, and
offering them online. The 20th National Book Festival was hosted
entirely online. When many schools closed, the Library created teacher
webinars, virtual student workshops, and a loc.gov/engage page with
information about resources, activities and programs. Planned digital
initiatives, such as the LC Collections mobile app and innovator-in-
residence projects, moved forward quickly to provide new ways for
Congress and the public to engage with the Library. We just launched a
new initiative to assemble and preserve a well-balanced collection of
archived pandemic-related web content that will fully tell the story of
COVID-19 for researchers of tomorrow. In addition, with congressional
support and private philanthropy, we remained on schedule to open the
Visitor Experience in phases beginning in late calendar 2022. Although
planning is ongoing for a phased return to in-person operations and
reopening to visitors and onsite researchers as conditions allow, it is
clear that the Library needs to ensure that digital innovations can be
sustained and even accelerated to meet evolving expectations.
This was certainly a challenging year and I am pleased to report
that we continued to make progress in sharing more of the Library's
collections, programming, and staff expertise. Today, the Library holds
more than 171 million items, including special collections consisting
of audio materials, maps, moving images, sheet music and much more.
Over 6.8 million preservation actions were performed on the physical
collections. The Library responded to 802,676 reference requests from
Congress, the public, and other Federal agencies, including direct use
of CRS reports. The Copyright Office issued over 443,911 copyright
registrations and recorded 7,098 documents containing 233,694 titles.
In fiscal 2020, Library web properties experienced the largest volume
of traffic in Library history. Those properties (excluding congress.gov
and copyright.gov) recorded more than 117 million visits and 647
million page views--increases of 39 percent and 58 percent,
respectively. Mobile visits made up 46 percent of those visits, an
increase of nine percentage points over the previous fiscal year. And
before the mid-March closing to the public, the Library welcomed
565,388 in-person visitors.
The Library also continued direct services to the public with the
Veterans History Project and Teaching with Primary Sources, a program
that allows teachers in the local districts to create curricula and
develop apps using the Library's digitized primary sources.
Of special note is the National Library Service for the Blind and
Print Disabled (NLS) and its network of State and local libraries,
which circulated more than 20.3 million copies of braille, audio and
large print items to patrons. I would like to recognize NLS Director
Karen Keninger, who joined the Library in 2012 after serving as
director of the Iowa Department for the Blind and as regional librarian
for the Iowa Library for the Blind and Physically Handicapped. Ms.
Keninger's priorities for NLS at the outset were to leverage advancing
technology and expand content for all print-disabled persons. Under her
leadership, NLS embraced innovative technology, in just one example, by
providing braille digitally with new refreshable braille technology.
Working with the communities, Ms. Keninger expanded eligibility for NLS
programs and advocated for a name change to highlight service to the
print disabled. She made a special commitment to working with veterans'
groups. She also developed partnerships with major audiobook producers
that doubled the output of new talking books and implemented
international partnerships to enable the cross-border exchange of
materials. Karen Keninger will retire at the end of May.
I would like to express my sincere gratitude for the outstanding
support that this committee and the entire Congress give to the
Library. In particular, I appreciate the funding you have provided for
our fiscal 2021 requests to meet high-priority needs such as
cybersecurity enhancements to protect sensitive information from CRS,
the Law Library, the Copyright Office, and other high-value assets.
Modernization efforts funded in fiscal 2021 also supported state-of-the
art shelving for Law Library collections in Quad B and enhanced science
and technology research capacity in CRS.
I also thank you for your continued support for the collections
storage modules at Fort Meade as part of the Architect of the Capitol's
budget. Construction is underway for Storage Module 6, the first
double-wide unit. Although initial designs for Storage Module 7 are now
complete, following the attack on January 6, $30 million from the AOC's
budget designated for Storage Module 7 was diverted to pay for the
fencing surrounding the campus. We understood the necessity to cover
this immediate security need of the campus, and ask that this vital
funding for Ft. Meade Storage Module 7 be restored to the AOC's budget
as part of any security supplemental spending bill.
I come before you today to discuss the Library's fiscal 2022
appropriations request. The funding request aligns with the strategic
goals set forth in the Library's Strategic Plan: expand access, enhance
services, optimize resources, and measure impact.
The Library of Congress fiscal 2022 budget request is for
approximately $845.982 million, which represents a 5.5 percent increase
over the Library's fiscal 2021 enacted appropriation. This request
includes $24.28 million in mandatory pay and price level increases. The
balance of the increase represents critical program investments
necessary to fulfill the Library's role and to continue to modernize
our operations and technology, ensure the safety and security of
Library collections and our workforce, and adjust to rapidly changing
needs.
The budget seeks to modernize the legacy Integrated Library System
(ILS) and several related systems that provide access to the Library's
collections. The existing ILS is 25-year-old technology that the
Library put into place in 1999 in preparation for Y2K. The ILS is at
the end of its life, with systems that cannot interface, and is likely
to fail within the next few years. The replacement, a modern Library
Collections Access Platform (L-CAP), used in major academic libraries,
will be the heart of Library collections management, physical and
digital, for the next generation. Designed to be closely integrated
with a wide range of Library systems, L-CAP will employ the latest
technology to manage the acquisition, description and inventory of
Library collections and facilitate access for Library employees,
Congress and the public. The Library is ready for the L-CAP now because
substantial IT infrastructure improvements are in place and we have
gained experience with other major IT modernization efforts. We will
use continuous integration and continuous delivery development
practices to sustain the system to allow L-CAP to meet the Library's
evolving needs, including management of exponentially growing digital
collections and advancements in technology.
In another move toward modernization, in this case to take the next
step in beginning to optimize and modernize financial management and
planning in the Financial Services Directorate and across the Library,
we are requesting funding to establish a new Enterprise Planning &
Management (EPM) program. Financial modernization is an iterative
process that must continue to stabilize current accounting activities
and at the same time move forward to introduce new capabilities and
principles. To meet audit findings concerning cost estimating and cost
accounting, this initial EPM funding request will build a base of
expertise in the Library in cost management as well as data science and
data architecture, and develop processes necessary to optimize cost
management practices and lay the foundation necessary for the
implementation of more advanced financial planning capabilities and
technology. Ultimately, the EPM program will use the Library's
financial management and planning data to drive decisionmaking to
improve performance in programs, projects, and activities surrounding
the Library's investments.
Pandemic operations, as well as heightened physical security
threats for U.S. Government agencies, particularly legislative branch
agencies, have focused attention on necessary enhancements to ensure
the safety and security of the Library's workforce and its collections.
The Library is working closely with the U.S. Capitol Police (USCP) and
the Architect of the Capitol (AOC) to ensure that safety and security
measures are appropriately implemented. The most recent security
incident on April 2nd reminded us that we will have to remain more
vigilant for the foreseeable future.
The budget request includes a funding request to modernize the
Library's nearly 20-year-old Integrated Electronic Security System
(IESS), which is used by both the Library and the USCP for physical
security monitoring of Library facilities and access from the Library
to the broader Capitol Complex. The system is at the center of a
complex network of more than 10,000 cameras, motion sensors, electronic
door locks, and other controls that regulate access to Library
facilities and safeguard staff, visitors, collections, and high-value
assets. The outdated analog video camera components lack the high-
resolution necessary to fully monitor and investigate pedestrian and
vehicle traffic in and around our buildings. The request will allow the
Library to completely overhaul the security system components with a
sustainable life-cycle management program, and modernize the IESS IT
network infrastructure, bringing it into compliance with Library IT
security standards.
Funding is also requested to allow the Library to replace its
outdated and inadequate 3G Cellular Distributed Antenna System. The
current 3G system, installed in 2004, covers only about 50 percent of
Library facilities. It is at the end of its service life and is
incompatible with advanced 5G connectivity. On January 6, USCP and AOC
employees reported multiple dropped cellular connections and the
inability to initiate calls out of Library facilities, delaying time-
critical communications and coordination. The request will allow the
Library to implement a modern cellular solution that will ensure
connectivity, and by extension, improve safety for the USCP, AOC and
Library staff, and congressional and Library visitors.
The budget requests increased funding to allow the Library to
implement the same advanced level of IT security across both its on-
premises data centers and Cloud hosting environments. This will ensure
that Library data, including congressional and copyright information,
are secured at all times, leveraging artificial intelligence to
identify anomalous and malicious behavior.
Remote work during the pandemic highlighted the need to better
support Library employees with work-anywhere-anytime functionality and
advanced virtual collaboration tools. The budget requests funding to
expedite the transition of the Library from legacy Microsoft Office
tools to the Microsoft 365 Government productivity platform for all
staff. The request aligns the Library with congressional adoption of
Microsoft 365 and ensures a smooth transition away from the Office
suite, which Microsoft has announced will no longer be supported after
2025.
Finally, this budget requests the funding required to fully
implement the Copyright Alternative in Small-Claims Enforcement (CASE)
Act with the creation of a ``small claims court'' within the Copyright
Office. The Copyright Claims Board (CCB) will work to resolve civil
copyright claims, counterclaims, and defenses in the CCB as an
efficient and inexpensive alternative to using the Federal courts. The
request will support the necessary staffing for the CCB and the
implementation of an electronic filing and case management system with
electronic acceptance of claims filings, fees, and litigation
pleadings.
In closing, the 2022 Congressional Budget Justification continues a
sequence of strategically planned modernization efforts of all types
across the enterprise. The Library's budget request also seeks to
support the security of the collections and the safety of our workforce
and visitors, and to help the Library meet quickly changing needs.
Chairman Reed, Ranking Member Braun, and Members of the subcommittee,
thank you again for supporting the Library of Congress and for your
consideration of our fiscal 2022 request.
______
Prepared Statement of Shira Perlmutter, Register of Copyrights and
Director, U.S. Copyright Office
Chairman Reed, Ranking Member Braun, and Members of the subcommittee:
Thank you for the opportunity to submit the United States Copyright
Office's fiscal 2022 budget request.
As the principal Federal entity charged with administering the
Copyright Act, the Copyright Office has many responsibilities,
including overseeing the national copyright registration and
recordation systems, advising Congress on copyright policy and
legislation, working with the Department of Justice and other Federal
agencies on copyright litigation, conducting administrative and
regulatory activity with respect to statutory copyright licenses, and
educating the public about copyright law. We do all of this with a lean
staff of less than 450 employees who pursue copyright's Constitutional
mission of ``promot[ing] the progress of science and useful arts.'' \1\
Since I joined the Copyright Office in late October, I have been
privileged to oversee the impressive work performed by the Office's
dedicated staff.
---------------------------------------------------------------------------
\1\ U.S. Const. art. I, Sec. 8, cl. 8.
---------------------------------------------------------------------------
summary of this past year
This past year, the Office has achieved many noteworthy successes
while addressing significant operational challenges, including those
posed by limits on onsite operations as a result of the global
pandemic. When the Library shut down the Madison building on March 13,
2020, the Office quickly transitioned most staff to telework. Some of
our work, however, involves physical materials (including paper-based
recordation documents, paper-based registration claims, and physical
copyright deposits). Office staff was unable to process these materials
until June 2020, when limited in-office work resumed, as discussed
below.
We have accomplished a lot this past year in administering the
national registration and recordation systems. In fiscal 2020, the
Office registered 443,911 claims to copyright involving millions of
works. Ninety-eight percent of registration applications closed were
received electronically and 2 percent by mail. Even with the pandemic,
we made significant strides in improving processing time: the average
overall processing time for examining all copyright claims dropped from
4.0 months in the second half of fiscal 2019 to 2.6 months in the
second half of fiscal 2020, representing a 35 percent decrease. The
average processing times for fully electronic claims that did not
require correspondence (74 percent of all electronic claims) dropped
from 3.0 months to 1.6 months, and those that did require
correspondence (26 percent) dropped from 6.0 months to 3.6 months.
Despite the overall reduction, however, the pandemic did negatively
impact processing times for electronic applications that required the
submission of physical deposits, as well as paper applications, which
make up less than 3 percent of all registration applications the Office
receives, as registration staff was not on-site for many months.\2\
---------------------------------------------------------------------------
\2\ Registration processing times are posted on our website at
https://copyright.gov/registration/docs/processing-times-faqs.pdf.
---------------------------------------------------------------------------
With respect to recordation work in fiscal 2020, the Office
recorded 7,098 documents, on paper and through the new electronic
pilot, containing titles of 233,694 works. The average time from
submission to generation of the public record for electronic pilot
submissions was within weeks of receipt for most submissions. The
average processing time for paper submissions was approximately 11.5
months; this was an increase of 3.5 months from the average fiscal 2019
processing times and again reflects the impact of the pandemic on
physical operations.\3\ Recordation staff were unable to retrieve
submissions from March 2020 until some on-site work resumed in June
2020.
---------------------------------------------------------------------------
\3\ Recordation processing times are posted on our website at
https://copyright.gov/
recordation/. We are currently processing September 2019 basic
recordation filings and April 2020 notices of termination. Also due to
COVID-19, the Copyright Office mail unit is now processing mail
submitted in August 2020.
---------------------------------------------------------------------------
Limited on-site operations also impacted the Office's acquisition
of physical materials for Library collections in the third and fourth
quarters of fiscal 2020. The Office was able, however, to maintain an
effective e-deposit program throughout the fiscal year. E-serial and,
in particular, e-book acquisitions made up a significant portion of the
Office's contributions to the Library's collections. For fiscal 2020,
the value of deposits, $40.03 million, was just shy of the previous
year's total. The value of the access that special relief relationships
with major e-serial and e-book publishers provided for Library staff
and patrons increased from $69.87 million in fiscal 2019 to $75.26
million in fiscal 2020.
The Office was able to continue our longstanding role of providing
expert legal and policy advice without interruption. This included
promulgating regulations to implement various provisions of the Music
Modernization Act (MMA),\4\ as well as to update rules to facilitate
new practices for group registrations, deposit of electronic books for
the Library's collections, and improved administration with respect to
recordation of notices of termination. The Office has also commenced
regulatory activities to implement the Copyright Alternative in Small-
Claims Enforcement Act (CASE Act), as discussed further below. On the
policy front, the Office issued a comprehensive study on section 512 of
the Copyright Act last May, and continues work on three other studies
(unclaimed music royalties, sovereign immunity, and the market impact
of termination of certain section 119 licenses), to be completed later
in 2021. The Office also continued to provide legal advice and
assistance across the government regarding complex and emerging areas
of copyright law and policy, including Supreme Court and appellate
litigation and work with executive branch agencies on international
matters.
---------------------------------------------------------------------------
\4\ Orrin G. Hatch--Bob Goodlatte Music Modernization Act, Public
Law No. 115-264, 132 Stat. 3676 (2018).
---------------------------------------------------------------------------
The Office has engaged in numerous outreach activities to provide
accurate and unbiased information on copyright law. We continued to
produce events to educate the public and stakeholders about copyright,
including specifically to reach music and songwriter communities around
the world with information about the MMA. In fiscal 2020, the Office
answered some 170,000 public inquiries regarding copyright, helping
people understand copyright and the Office's services. We also
continued our effective stewardship of the over $1.4 billion in
statutory licensing revenues; for the third consecutive year, the
Office received an unmodified or ``clean'' audit opinion of the
statutory licensing fiduciary asset financial statements.
Regarding information technology (IT), fiscal 2019 marked the first
year Congress appropriated funds specifically for IT modernization (for
5 years, recurring). This allowed the Office and the Library of
Congress's Office of the Chief Information Officer (OCIO) to continue
making progress on a modernized Office IT system. The Office worked
closely with OCIO to provide the business information needed for OCIO
to undertake the development work. In fiscal 2020, we met our
objectives on three major IT modernization work streams: the April 2020
launch of an electronic recordation pilot; the September 2020 release
of an internal version and a December 2020 public version of a new
interface for the Copyright Public Records System; and the year-end
internal release of a clickable prototype of the planned new
registration system. More details on our plans for fiscal 2022 follow
below.
To be sure, modernization involves more than just IT; it also
involves updates to Office processes, organization, and culture. The
Office has made significant progress in business process reengineering
efforts--last summer we completed work with a consultant on 66 distinct
processes for improvement. We are now reviewing those results and
moving forward to identify processes that can benefit from IT support
as well as those that can be implemented without it. In addition, the
Office continues to work with the Office of Personnel Management (OPM)
on organizational issues. After a review of the Office's organization
and structural needs for modernization, OPM is now assisting us in
devising competency models for two of our most populated occupation
series in order to improve succession planning and talent management.
Finally, last summer the Office completed work with a consultant on an
organizational change initiative, which involves the development of key
change management processes and documents, staff training, and
strategic coaching on structuring and leading business transformation.
The Office is pivoting to apply these skills internally, and we have
created a community of practice to spread and better integrate them
within our workforce.
Adapting Operations to the Coronavirus (COVID-19)
While fiscal 2020 brought unexpected and unprecedented adversities
for the Office, our staff rose to the challenges. The Office
implemented a pandemic response plan in March 2020, successfully
transitioning 98 percent of the staff to full or partial telework
within just a few weeks. More staff gradually returned on-site
throughout the summer and fall, in accordance with the Library's plan
for restored on-site operations. We currently have about 27 percent of
our staff on-site, either full-time or on rotating schedules; the rest
are teleworking.
As noted above, the bulk of the Office's operations have been
largely unaffected by the transition to telework operations, including
all legal and policy work, registration processing of fully electronic
claims, and ongoing modernization activities. Although processing of
physical materials was suspended for several months after the Madison
building was closed in March 2020, the Office issued a new rule that
allows us to offer an electronic option for some services that
previously required paper submission. We also adjusted practices to
receive certain additional applications and submissions via email
during pandemic operations.
To further relieve the impact of constraints imposed by the
pandemic on users of Office services, the Acting Register had
exercised, and I am now exercising, the authority granted by Congress
in the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES
Act). So far, we have issued notices that temporarily adjust certain
timing provisions and I continue to review conditions to determine
whether further extensions are needed. The Office is also monitoring
the impact of COVID-19 on our fee receipts. While there has not yet
been a significant shortfall, the Office appreciates the Committee's
support going forward if funding flexibility is needed to adjust to
disruptions in operations or to address increased workloads when normal
operations and backlog processing resume.
In sum, the Office is proud to have accomplished so much during
this challenging year, and to have continued to serve the country and
the copyright system well. Our budget request would enable this
important work to continue in fiscal 2022.
funding and overall fiscal 2022 budget request
The recurring financial support for the Office's modernization
efforts, initially funded as part of the fiscal 2019 budget, continues
for fiscal 2022, and the Office is pleased to provide an update on a
number of initiatives that are now fully underway. In addition to
ongoing modernization, the Office and the Copyright Royalty Judges
(CRJ) are fully engaged in addressing new responsibilities under the
MMA. Congress provided an additional $1.6 million in fiscal 2021,
primarily for Office and CRJ staffing. To support implementation of the
CASE Act, enacted as part of the fiscal 2021 omnibus appropriations
legislation on December 27, 2020, the Office is requesting $3.2 million
in additional funding for fiscal 2022 as described further below.
The Copyright Office's overall budget is composed of three separate
budgets or program areas:
(1) Basic Budget, which funds most of the Office's core
operations, including the majority of payroll-related expenses.
Historically the basic budget has been composed of a combination of
appropriated dollars and authority to spend fee revenue, with fees
constituting a majority of this funding (generally in the range of 50
percent to 67 percent);
(2) Licensing Budget, which is derived completely from licensing
royalty collections otherwise payable to copyright owners and filing
fees paid by cable and satellite licensees pursuant to statutory
licenses administered by the Office; and
(3) Copyright Royalty Judges Budget. Although the CRJ program is
not a part of the Office, the Office provides it with budget
formulation and execution support on behalf of the Library of Congress.
For fiscal 2022, the Office requests a combined total of $98.0
million in funding and 472 FTEs, of which $45.0 million would be funded
through offsetting collections of fees collected in fiscal 2022 and in
prior years.
The Office's fiscal 2022 requests are:
--Basic Budget: $88.7 million and 439 FTEs. $38.0 million in
offsetting fee collections (43 percent) and $50.7 million (57
percent) in appropriated dollars. The request includes
mandatory pay-related and price level increases of $1.209
million and a program increase of $3.2 million for staffing,
facilities, computer and audiovisual technology, and services
to implement the CASE Act. Of this latter amount, $1.0 million
is one-time funding for IT system development, audiovisual
system acquisition, and facilities expenses, and $2.2 million
is permanent funding for staff, operations and maintenance, and
services.
--Licensing Division Budget: $6.4 million and 26 FTEs, all of which
are to be funded via filing and royalty fees. The requested
increase includes mandatory pay-related and price level
increases of $0.2 million.
--Copyright Royalty Judges Budget: $2.9 million and 7 FTEs, with $0.1
million to support mandatory pay-related and price level
increases. Of the total, royalties and participation fees
offset $0.5 million (for non-personnel-related expenses). The
remainder, $2.4 million in appropriated dollars, is to cover
the personnel and other related expenses of the judges and
their staff.
our focus for fiscal 2022 activities
The Copyright Office's fiscal 2022 funding request seeks resources
necessary to continue the progress already underway towards
accomplishment of the Office's strategic goals, which include focus
areas such as providing expert law and policy advice, modernizing
information technology, as well as to fulfilling the additional
responsibilities entrusted to the Office by Congress as part of the MMA
and CASE Act. To advance these goals, the Office is seeking specific
funding: (1) implementing the CASE Act by standing up the Copyright
Claims Board (CCB); (2) meeting the mandates of the MMA; (3)
modernizing the Office's IT systems and applications, including the
Office's historical records initiative. Our modernization webpage \5\
reflects ongoing work for both IT and non-IT initiatives.
---------------------------------------------------------------------------
\5\ See https://www.copyright.gov/copyright-modernization/.
---------------------------------------------------------------------------
CASE Act
The CASE Act established the new CCB in the Copyright Office to
serve as an ``alternative forum in which parties may voluntarily seek
to resolve certain copyright claims regarding any category of
copyrighted work.'' \6\ The Copyright Office is undertaking a number of
work streams in support of standing up the CCB over the next several
quarters. Last month, the Office published an educational webpage with
FAQs about the CCB that will be regularly updated to keep the public
informed of its progress. The Library and the Office has publicized job
postings to recruit the three Copyright Claims Officers. The Office
also has issued a notice of inquiry to solicit public comment regarding
all aspects of regulatory implementation. The Office, OCIO, and other
Library units are collaborating to identify and ready the IT
technology, office space, and other needs for the CCB within the
statutorily required timeframe.
---------------------------------------------------------------------------
\6\ Copyright Alternatives in Small Claims Act, 17 U.S.C. Sec. 1502
(2020).
---------------------------------------------------------------------------
In support of these activities, the Office's fiscal 2022 budget
includes a program increase request of $3.2 million and 8 FTEs. This
amount includes $1.0 million in one-time costs for office construction
and furniture, audiovisual system acquisition, and development of an
online case management system; and $2.2 million in recurring costs for
the 8 FTEs ($1.7 for salary, benefits, and related costs and $500
thousand for systems operation and maintenance, printing, and other
services).
MMA
The enactment of the MMA assigned new responsibilities to both the
Copyright Office and the CRJ. The MMA requires the Register of
Copyrights to ``engage in public outreach and educational activities''
regarding the amendments made to section 115 of title 17, in addition
to a number of rulemakings.\7\ Specifically, the Register must engage
in public education and other outreach activities to inform interested
members of the public and songwriters about the process by which a
copyright owner may claim ownership of musical works through the
mechanical licensing collective (MLC), which will administer a blanket
licensing system for digital music providers to make and distribute
digital phonorecord deliveries (e.g., permanent downloads, interactive
streams). The Office has produced several dozen outreach events over
the past year to inform the public about the requirements of the MMA,
and in fiscal 2021 the Office requested and Congress provided a program
increase that included three additional FTEs to ensure these efforts
are fully resourced.
---------------------------------------------------------------------------
\7\ Orrin G. Hatch--Bob Goodlatte Music Modernization Act, Public
Law No. 115-264, Sec. 102(e), 132 Stat. 3676, 3722 (2018).
---------------------------------------------------------------------------
The MMA also assigned additional responsibilities to the CRJ,
requiring it to ascertain the reasonableness of the MLC's operating
budget and the allocation of contributions to that budget by the
various licensees or licensee representative groups.\8\ Previously,
under section 802(b) of the Copyright Act, the number of support staff
authorized to support the CRJ was capped at three. A proviso in the
fiscal 2020 Further Consolidated Appropriations Act permanently removed
the staffing cap, allowing for the new hires requested in fiscal
2021.\9\
---------------------------------------------------------------------------
\8\ Id. Sec. 102(c).
\9\ Further Consolidated Appropriations Act, 2020, Public Law No.
116-94, Sec. 1405, 133 Stat. 2534, 3208 (2019).
---------------------------------------------------------------------------
Copyright IT Modernization
The Office has a number of accomplishments to report in the third
year of the congressionally-appropriated 5-year funding for
modernization. OCIO is working alongside the Office on software
development activities, which are progressing across multiple
programmatic areas--including registration, recordation, statutory
licensing, and access to public records. Building on our agile software
foundation, this year the Office implemented the Scaled Agile Framework
(SAFe) to improve collaboration across all of our projects and to
improve our program-level view of the IT modernization work.
We are pleased to report that we met our target of a spring launch
for the public pilot of the new electronic recordation system, which
went live on April 27, 2020. The pilot was initially available to a
limited number of public users, enabling them to record documents
related to copyright ownership that fall under section 205 of title 17.
We are now incorporating user feedback from this pilot into iterative
improvements, with four point releases behind us. In this continuous
development phase, additional functionality and additional waves of
users will be added, with this year's focus turning to recordation of
notices of termination.
The pilot for the new Copyright Public Records System, an endeavor
that will eventually replace the existing Copyright Office Online
Public Catalog, also launched this past year. The initial public
release in late 2020 has already been supplemented by our first point
release incorporating bug fixes and user feedback, and the process of
point releases is expected to continue into the coming year.
In addition, moderated user testing has begun on a limited
prototype for the copyright registration standard application, from
which we will gather public feedback and commence with improvements and
a second round of user testing. Iterative development of internal
workflows has also begun, and a second development team is expected to
join the team working on this functionality over the summer.
User Experience Design for licensing components begun earlier this
year, with development against these requirements expected to begin
later in the spring.
As part of our historical records project and commitment to the
preservation of and access to records, a comprehensive effort is
underway to digitize print and microfilm records and make them
available online; this includes the card catalog, record books, and the
Catalogs of Copyright Entries (CCE). The Office is currently working
with the Library's experts in digital collections management to ensure
that the digitization of the Office's more than 26,000 physical
copyright record books incorporates best practices and the resulting
records can be made available for public, online viewing. These record
books contain well over 20 million pages of records from between 1870
and 1977, covering works as diverse as books, photographs, musical
compositions, sound recordings, motion pictures, and more. A contract
for the digitization of these record books has been awarded. Another
contract is underway to perfect the metadata and improve access to the
more than 40 million registration application and index cards that are
already publicly viewable using the Office's Virtual Card Catalog
(VCC). The Office also has a contract to create a data-mapping schedule
for the historical record collections to use in the development of the
Copyright Public Records System. These efforts will enhance the
public's user experience by providing more accurate online search
capability.
As directed by the Committee, the Office has developed an
integrated master schedule (IMS) for IT modernization activities. The
Office brought in expert consulting services to assist in developing a
program for IMS management that allows for continuous improvement and
refinement of the IMS and its estimates. The consultant services were
procured in early calendar 2020 as the first task order under the
Library's contract for Library-wide performance planning and
measurement services. After a slight COVID-19-related delay in the
start of these services, the work commenced and was completed in
February of this year.
Consolidation of Copyright Office Storage Facilities
The Copyright Office has made great progress in the planned
consolidation of copyright materials from several geographically
dispersed storage facilities into a single, modern facility. The
collaborative warehouse construction project between the Library, the
Office, and Architect of the Capitol was completed ahead of schedule,
and the Copyright Office moved into the new facility in November 2020.
This facility will allow the Office to provide faster location
services, better tracking, and improved security of the significant
inventory of copyright deposits. The Office is now working to bring
copyright materials stored in other locations to Cabin Branch in order
to fully consolidate our materials.
more flexible fee authority
The Copyright Office's operations would benefit significantly from
greater flexibility in the use of our fee collections, specifically the
authority to use existing fee balances to provide services to the
public in the event of a lapse in appropriations. As we have noted
before, flexibility in management of fee balances across budget cycles
also would provide for more efficient and cost-effective administration
of large, non-recurring projects related to modernization and other
capital expenditures. To that end, once authorized, the Office
anticipates including in a future budget request two changes in
appropriations language: (1) to make 20 percent of the balance of fees
collected in prior years available each year, in addition to
appropriated amounts, for obligation without fiscal year limitation,
and (2) to allow the Office to access existing fee balances to continue
operations during a lapse in appropriations.
* * *
The Copyright Office appreciates the subcommittee's and Committee's
continued support of the Office's efforts to modernize both our
technology and services, and of the work involved in the operation of
the copyright system overall.
______
Prepared Statement of Mary B. Mazanec, Director, Congressional Research
Service
Chairman Reed, Ranking Member Braun, and Members of the subcommittee,
Thank you for the opportunity to present the fiscal year 2022
budget request for the Congressional Research Service (CRS). At the
outset, I would like to express my appreciation for the Committee's
support of our fiscal year 2021 request. CRS has already begun efforts
to recruit the expertise needed to strengthen CRS's science and
technology-related analytical capacity. We also continue to work with
the Library's Office of the Chief Information Officer (OCIO) to
modernize CRS's IT systems.
Fiscal year 2020 was a year like no other. The emergence and spread
of COVID-19 exacted a toll on human life and the national economy that
was unprecedented. And yet, despite the enormous disruption caused by
the global pandemic, I am pleased to report that CRS continued to
successfully carry out its mission to provide Congress with ``the
highest quality of research, analysis, information, and confidential
consultation, to support the exercise of its legislative,
representational, and oversight duties.'' This would not have been
possible but-for the resilience and dedication of CRS staff and I would
like to thank my colleagues for their hard work in fulfilling this
important responsibility.
In addition to outlining CRS's budget requirements for the coming
year, my testimony today will highlight a selection of noteworthy
support the Service provided to Congress during fiscal year 2020. I
will also bring you up to date on developments related to a number of
our strategic initiatives.
fiscal 2022 budget request and priorities
The CRS budget request for fiscal year 2022 is $129.6 million
dollars, an increase of 4.1 million dollars (or 3.1 percent) from the
amount appropriated for fiscal year 2021. As in previous years,
approximately 90 percent of the requested amount would be dedicated to
staff pay and benefits. CRS is requesting no additional funding beyond
that which is necessary to cover mandatory pay and price level cost
increases.
During this time of national crisis, CRS's top priority is to
ensure sufficient capacity to continue the delivery of its core
services to meet Congress's research and analytical needs. In fiscal
year 2022, CRS will continue to bolster analytical capacity, especially
in the area of science and technology policy. This additional expertise
will better enable CRS to support Congress in areas of increasing
complexity and importance. In addition, the Service will continue to
work closely with OCIO to meet the next milestones in modernizing its
IT infrastructure. Moreover, CRS will build on its efforts to recruit,
retain, and develop a diverse, professional workforce, with the skills
and expertise necessary to provide Congress with exceptional service.
service to congress
In March of 2020, as news of the impending pandemic grew
increasingly dire, CRS worked quickly to execute the CRS pandemic plan
to ensure that it would continue to support Congress's needs during any
prolonged pandemic event. Within 24 hours, the Service transitioned its
entire operation, expanding existing workplace flexibilities to enable
staff to work remotely full-time. As a result, CRS was well positioned
to provide Congress with timely analysis, information, and consultative
support as it considered the plethora of issues presented by this
public health crisis. From March through September 2020, CRS prepared
and regularly updated over 1000 new products on COVID-19-related
issues. To enable expedited access to these products, a COVID-19
resource page was developed on the CRS.gov and Congress.gov websites,
organizing CRS prepared material under 26 issue areas, covering topics
ranging from the temporary moratorium on evictions provided under the
Coronavirus Aid, Relief, and Economic Security (CARES) Act to
frequently asked questions regarding testing for COVID-19. Several of
these products incorporated custom CRS graphics. In addition, CRS
experts responded to over 8200 COVID-related inquiries and conducted
over 80 briefings for congressional staff on COVID-related subjects.
CRS continues to support Congress as the issues presented by the
pandemic evolve.
In addition to COVID-19 related issues, CRS assisted Congress in
its consideration of many other policy and legal questions. CRS experts
provided extensive research and analytical support as Congress explored
the market power of large Internet based companies; environmental
justice; Medicare and Medicaid program authorizations; asylum
processing at the U.S. border; tax law and policy; veterans issues; and
law enforcement reform, among others. The Service worked closely with
lawmakers as they considered legislation to reauthorize the Older
Americans Act, the Higher Education Act and the Family Violence
Prevention and Services Act. In addition, analysts and attorneys
advised Members and congressional staff on the legal and procedural
questions associated with impeachment proceedings and supported the
Senate's consideration of various judicial nominations, including that
of a Supreme Court Justice.
The Service supported Congress's examination of various foreign
affairs, defense, and trade related matters, such as developments in
the Middle East region, the use of delegated trade authorities, the
national security implications of foreign investment in U.S.
corporations and renegotiation of the North American Free Trade
Agreement, and emerging technology in advanced weapons systems. CRS
experts also provided guidance on the legislative process,
congressional oversight, and the annual appropriations bills. In
addition, CRS continued its offering of seminars and programs for
congressional staff, including sessions on the Global Implications and
Impacts of the COVID-19 Pandemic; Fiscal Year 2021 Federal Research and
Development (R&D) Funding; and the perennially popular Federal Law
Update series. Due to the pandemic, many of CRS's programs were
presented virtually during the fiscal year, and the Service quickly
transitioned its in-person institutes to webinar format.
In total, during fiscal year 2020, CRS experts responded to over
75,000 congressional requests; prepared over 1300 new products; updated
over 2500 existing products; and conducted live and virtual seminars
that were attended by approximately 8500 congressional staff. As in
previous years, the Service provided support to almost every Member and
committee office through the provision of its products and services.
strategic initiatives
CRS remains engaged in accomplishing the goals and objectives
identified in its 2019-2023 Directional Plan. The following is a
summary of the Service's progress during fiscal year 2020 in advancing
some of the key initiatives undertaken to achieve these goals.
Gallup, Inc. Survey and Addressing the Full Range of Congressional
Information Needs
In fiscal year 2020, CRS contracted with Gallup, Inc., to conduct a
survey of congressional staff designed to gauge the value and utility
of various research products and consultative services offered by CRS,
as well as to gather information about how such products and services
are used by Congress. Gallup contacted over 13,700 congressional staff
from early February through mid-March 2020 and received survey
responses from over 1300 district, State, and DC-based staff members.
CRS continues to evaluate and consider the results as it develops and
delivers research products and services to Congress.
IT Modernization/Integrated Research and Information Systems (IRIS)
CRS continues to work with the Library's Office of the Chief
Information Officer (OCIO) to modernize its IT infrastructure with the
deployment of new tools and software to enhance support to
congressional stakeholders. The Integrated Research and Information
System (IRIS) initiative is a multi-year effort to update the Service's
mission-specific information technology to provide CRS staff with the
best resources to create and deliver products and services to Congress.
CRS and OCIO are currently implementing several major work streams.
These efforts include updating the client relationship management and
workforce information management systems, improving the text analysis
program to provide greater ease of conducting legislative analysis and
comparisons, streamlining the content management system, and enhancing
the taxonomy tool for better search results. These improvements are in
varying stages of development and implementation.
Congress.gov
In fiscal year 2020, CRS and the Library continued efforts to
enhance Congress.gov and improve congressional user support with a
number of developments, such as offering weekly alerts of future
committee meetings and increasing access to legislative amendments,
committee prints, and committee hearing transcripts. CRS also conducted
live onsite and webinar training for congressional staff from 54 Senate
Member offices and committees, as well as supporting more than 12,000
requests for assistance. In addition to ongoing enhancements, CRS
partnered with OCIO and the Law Library to focus on multiple projects
to retire legacy backend systems that, once replaced, will improve the
functionality of Congress.gov. Other projects accomplished in fiscal
year 2020 include modernizing the Member and committee data interchange
between the Office of the Secretary of the Senate and the Library;
developing tools and data standards for curating legislative data;
exploring opportunities for efficient collaboration on bill text
analysis; and sustaining and streamlining the CRS Bill Summary
analysis, authoring, and publishing processes. CRS and its Library
colleagues are appreciative of the ongoing high-performing partnership
with Office of the Secretary of the Senate as legislative data
workflows, tools, and standards are modernized.
Constitution of the United States of America: Analysis and
Interpretation (CONAN) Modernization
Known officially as the ``Constitution of the United States of
America: Analysis and Interpretation,'' CONAN serves as the official
record of the U.S. Constitution for Congress. In 2019, CRS collaborated
with OCIO and the Law Library to introduce a new website for CONAN:
constitution.congress.gov. The new site features hundreds of pages of
updated constitutional analysis and content. In fiscal year 2020, CRS
legislative attorneys have continued to provide comprehensive analysis
of the Supreme Court's jurisprudence as it relates to every provision
of the U.S. Constitution, including the implications of recently
decided cases. Since the launch of the public website in 2019, CONAN
has received over three million unique visitors to the site and its
pages have been viewed over seven million times.
Improving Recruitment and Retention of a Diverse and Productive
Workforce
CRS continued its efforts to recruit, retain, and professionally
develop a highly skilled staff. For example, in fiscal year 2020, the
Service provided training on core presentation skills for virtual
briefings, as well as encouraged participation learning sessions on
diversity and inclusion. In addition, the CRS Diversity and Inclusion
Working Group continued to meet throughout fiscal year 2020, and
discussed, among other things, outreach strategies for improving the
diversity of applicant pools for CRS positions and fostering an
inclusive workplace.
conclusion
Mr. Chairman, Ranking Member Braun and Members of the subcommittee,
CRS is honored to serve as a trusted and reliable resource for Congress
during this difficult period in our Nation's history. The
accomplishments outlined above are a testament to CRS's commitment to
support Congress with timely, authoritative research, analysis and
information, undeterred by the challenges that we now face. On behalf
of my colleagues at CRS, I would like to express my appreciation to the
Committee for your continued support and for your consideration of our
fiscal year 2022 request.
Senator Reed. Thank you, Madam Librarian. And now let me
recognize Comptroller Dodaro.
STATEMENT OF HON. GENE L. DODARO, U.S. COMPTROLLER
GENERAL, GOVERNMENT ACCOUNTABILITY OFFICE
Mr. Dodaro. Thank you, Mr. Chairman. Good afternoon to you
Ranking Member Senator Braun, Senator Heinrich. I'm pleased to
be able to be here today to discuss GAO's budget request for
fiscal year 2022.
First, I want to thank the Committee very much for its
support that's enabled us to meet our new responsibilities
under the Pandemic Relief Legislation; and also, to continue to
have a strong performance across the full spectrum of GAO's
responsibilities.
GAO'S FISCAL YEAR 2021 PERFORMANCE
Last year, we were able to have GAO recommendations
implemented that resulted in financial benefits to the
government for over $77 billion. That's $114 returned for every
dollar invested in GAO. We also had over 1,300 other
recommendations implemented that improve services to the
public, improve public health and security and safety, and also
led to a wide range of program and operational improvements
across the full breadth of the Federal Government's
responsibilities.
GAO'S PANDEMIC RESPONSE
With regard to the Pandemic Relief Legislation, we were
charged with looking at the use of all the funds to determine
the impact on public health and the economy, and the impact on
private and public sector institutions. We were required, which
we have done, to provide monthly briefings to a set of
congressional committees, and also bi-monthly reports to the
Congress and the public, starting in June 2020. Since then,
we've issued six government-wide status reports covering the
entire Federal Government.
We've made over 70 recommendations. Last September, for
example, we urged the administration to put a vaccine
distribution and communication plan in place. We urged that
there be a strategy to address gaps in the medical supply
chain. We made recommendations for a national testing strategy.
A lot of the testing information wasn't complete and
consistent. It was hard to target results. Also, we made
recommendations to collect better data on the disparate impact
of the pandemic on certain segments of our population,
including racial minorities and others. We made similar
recommendations on the vaccine strategy, to collect information
on who's being vaccinated and whether vaccines are reaching the
people most vulnerable to COVID-19. So, we've also had a number
of recommendations on Program Integrity issues, and
transparency and accountability.
As apropos to the emergency, a lot of emphasis was placed
on quickly distributing the money, and as a result, there were
a lot of trade-off decisions made that resulted in the
transparency and accountability goals and expectations that
were not met in many cases. There was a lot of fraud in the
Unemployment Insurance area, the Paycheck Protection Program,
and the Economic Injury Disaster Loan Program. We made
recommendations that there be stronger oversight over those
programs and activities; and gradually those recommendations
are being addressed. But I don't think they were addressed as
fast as we would have liked, or the Congress would have
expected. So, there is a ways to go.
Most of our 70-some recommendations are still being
implemented, and they haven't been fully implemented yet; so,
we're going to keep working with the new administration to get
them implemented over time.
We've issued a lot of individual, specific reports: for
example, one we used our new science and technology team to
look at vaccine development and ensure the public that vaccine
development goals were being met in a lot of cases.
GAO HIGH RISK LIST
We also updated our high-risk list this year, which we
provide to the Congress. We added not only the Emergency Loan
Programs under SBA, but also the Federal efforts to prepare
for, respond to, and recover from drug misuse. From 2002 to
2019, 800,000 Americans died from an overdose. From May 2019 to
May 2020, 80,000 people died. It was the highest annual figure;
and that rate just picked up as the pandemic began. There's not
strong Federal leadership in this area. It needs better
coordination among Federal agencies as well as with the State
and local sectors.
SCIENCE, TECHNOLOGY ASSESSMENT, AND ANALYTICS TEAM
We've done a lot of work to build our capacity, including
in the science and technology area. I'll be happy to talk more
about questions about this going forward.
I appreciate your careful consideration of our request so
we can continue this important work for the Congress. Thank
you.
[The statement follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Reed. Thank you, Comptroller. Now let me recognize
the Director, Dr. Swagel.
STATEMENT OF HON. DR. PHILLIP L. SWAGEL, DIRECTOR,
CONGRESSIONAL BUDGET OFFICE
Dr. Swagel. Thank you, Chairman Reed, Ranking Member Braun,
and Members of the subcommittee. Thank you for the opportunity
to present the CBO's budget request. It's a privilege to lead
the Congressional Budget Office, and to work with my hard-
working and talented colleagues as we work to serve and support
the Congress.
The CBO is requesting an appropriation of $61 million for
2022; and that's an increase of $3.7 million, or 6.4 percent
from the amount provided in fiscal year 2021.
The proposed increase would support our goal to be even
more responsive to the Congress. Since 2019, since before I was
Director, the Congress has increased CBO's budget to bolster
our capacity, to make our work more responsive, and more
transparent; and we've been working hard to accomplish those
objectives. We've been expanding staffing in high-demand areas
such as health care. We've been organizing our staff to work on
broader, shared portfolios; and we've been doing more to
document and to explain our work.
Now, about half of the requested increase for next year
would be for added staffing. So, this would cover a full year's
salaries and benefits for the seven staff members hired in
2021; and then allow us to hire four more staff members to
support our work next year. And those people will focus on the
areas of high interest in the Congress. This would be
infrastructure, energy, and climate. So, the areas in which
we--you know, we know legislation is coming at us.
And like GAO, CBO is also working to improve our capability
to analyze the affects of legislation on people in different
demographic groups and different income groups.
The remainder of the increase in our budget request would
largely cover increases in costs for the existing personnel,
and to a lesser extent, IT enhancements as well.
Let me just very briefly highlight CBO's work over the last
year and connect that to our budget request. As you can
imagine, we've worked intensively over the past year on
legislation related to the pandemic. We provided frequent
updates of budget projections, of economic projections, and
provided technical assistance and cost estimates on COVID
Relief Packages, on the annual appropriations, and on other
legislation. We've also produced reports on a wide range of
issues; expansions of health insurance coverage, a variety of
defense-related issues, you know, such as the potential cost of
the New START Treaty had been allowed to expire. Student Loans,
veteran incomes, immigration, climate, and so on. We had a
report on the connection between climate and the budget, the
ways in which climate change affects the budget that came out
just yesterday, so just an example.
So, looking ahead, the requested funding would allow us to
do the following for the Congress:
So, continue to produce the budget and economic projections
over the coming decade as usual. We do a long-term budget
projections, looking at 30 years. We do some analysis over
longer terms; for Social Security, for example, 75 years and
beyond.
We produce about 700 formal cost estimates, most of which
are for the authorizing committees after Bills are reported.
And we fulfill thousands of requests for technical
assistance from committees and from members on the potential
budgetary impact of proposals as members are developing
legislation. And we produce about 100 score-keeping reports and
estimates, including account-level estimates for individual
appropriation bills.
And then, we do summary tables as well, showing the status
of the discretionary appropriations and running totals on a
year-to-date basis.
And then, we do about 70 or so analytic reports and papers
each year. These are generally either required by law, such as
some of our budget outlooks, or prepared in response to
requests from, you know, generally the Chairs or Ranking
Members of key committees of jurisdiction.
And then we produce a wide variety of other products.
So, in summary, to achieve our goal to be as responsive as
possible, CBO requests an increase of $3.7 million. With your
support, we look forward to continuing to provide timely and
high-quality analysis to the Congress. Thank you very much.
[The statement follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
LIBRARY OF CONGRESS--VISITOR'S EXPERIENCE
Senator Reed. Well, thank you very much, Director. And let
me first address the question to the Librarian of Congress.
We both mentioned the Visitor Experience. This would be the
fourth year of a request for $10 million for a total of $40
million, which would be matched by $20 million from private
donations. So that's a public/private partnership; and it would
be an extraordinary way to showcase all the Library's true
treasures. You mentioned your target date. Can you just give us
an update on the status, Madam Librarian?
Dr. Hayden. Visitor Experience will greatly expand access
to the Library's collections and services, primarily in the
iconic Thomas Jefferson Building. The three components are all
on schedule. The first component is the Orientation Center, and
that should open in December of 2024. First time ever
Treasure's Gallery, the second component, on schedule to open
in December of 2022. And the Youth Center, on schedule to open
in the summer of 2024.
It has been really heartening to work on this project
during this past year because there was quite a bit of input
from design firms. And the public/private partnership, the $20
million that was part of the private philanthropy effort to
match Congress' investment of $40; this year would be the last
of the $40 million for the public part.
To date, we have total, in pledges and commitments, firm
commitments, of the $20, $12.5 million. And we anticipate and
would have loved to have been able to say it exactly today, but
within the next 6 months, we will complete the $20 million for
the private component. And so, we are very pleased that with
the release of last year's funding, there will be a contract
for the Treasure's Gallery, audiovisual interactives, and the
exhibit fabrication, meaning the exhibits will be made. And,
we'll be able to transfer funds to the Architect of the Capitol
for staircase and egress construction.
So, the Architect of the Capitol, I want to take this
opportunity to say that they have been partners from the very
beginning, and been very, very helpful with the entire project.
Also, the Capitol Police, in terms of safety issues with the
new ways of the public coming in.
And then the funding for this year, the final public
funding, would allow the AOC to start construction of the
Orientation Gallery and the Welcome area. And so, we're very
excited, and we hope to have designs and plans to show this
Committee very shortly. We look forward to that.
Senator Reed. Thank you, Madam. Comptroller, you indicated
that one of the major challenges of the last year for you is at
our request, looking at the spending of the Pandemic Programs.
There were multiple programs. You've mentioned some suggestions
you made, but could you identify some of the key areas that you
discovered that needed significant improvements in these
programs?
KEY GAO FINDINGS RELATED TO PANDEMIC RESPONSE
Mr. Dodaro. Yes. First, in the public health area, we
thought there should have been a vaccine communication and
distribution plan much earlier in the process that would have
set better expectations. We recommended this last September,
and it was based upon our experience looking at H1N1 vaccine
issues. There was a problem with communication back then that
resulted in vaccine hesitancy because the Government didn't
deliver on time.
And, sure enough, because there wasn't a plan, there was a
difficult start to the COVID-19 vaccine distribution.
Fortunately, it's picked up now that supplies are in place, and
things are moving. I thought they should have had a vaccine
distribution plan in place even before the Emergency Use
Authorizations to set expectations and allow the State and
local governments to prepare.
The same thing happened with the medical supply chain. The
agencies did a lot, and I don't want to detract from that. I
think Operation Warp Speed was the biggest success story coming
out of this whole endeavor in the vaccine area. Agencies worked
hard on the supply chain, but there were still critical gaps,
particularly with nitrile gloves, syringes, and other things.
We surveyed hospitals and others, and there was a
reluctance to get a plan in place to deal with these gaps as
the pandemic unfolded. The government needed a plan for the
remaining challenges of the pandemic. We raised this issue
again with the initial vaccine distribution plans, because
there was a lot of concern about not having enough syringes. As
far as the National Testing Strategy, we still don't really
have that in place.
GAO also uncovered the painful reality of the fragility of
the Nation's public health system and its surveillance
capabilities. There really is not a very robust system in place
to be able to track what's going on, to be able to target the
Federal response, and to be able to monitor progress.
Regarding communicating clearly to the public, there was a
lot of confusion about wearing a mask, and when to not wear a
mask. There was confusion about who should be tested. What
about asymptomatic people? Guidance changed. A lot of Emergency
Use Authorizations were granted, but we thought there could
have been better explanations of the scientific underpinnings
behind those authorizations to give more confidence to the
public.
GAO also made many recommendations in the Program Integrity
area. For instance, SBA should have done a fraud assessment and
a risk analysis upfront. There was too much reliance on self-
certification. There should have been some minimum checks in
place. But even if they didn't do that initially, I wanted them
to quickly have an oversight plan because those loans would be
forgiven if they are used properly and they're legitimate. It
has not been until relatively recently that SBA has responded
to those recommendations. I think they were too slow to act in
that regard.
And we have many others in the----
Senator Reed. Just a minute. Let me ask a quick question,
finally, before I recognize Senator Braun; and I'll, on the
second round, get to the Director.
Typically, these types of investigations of this scope take
several years. Do you anticipate that you'll have work with
respect to these issues going forward for several years and
require additional funding?
OUTLOOK FOR FUTURE GAO PANDEMIC WORK
Mr. Dodaro. Probably. Yes. Actually, I'd point out we're
still auditing the remnants of the TARP Program back from 2008
because the housing part of that is still in place.
We're still auditing the Federal response to the 2017-2018
hurricanes and issues with Puerto Rico and others. This will
continue on for a while. We're planning at least for the next 2
years. We've got about 100 audits underway right now. We're
going to move the quarterly Government-wide status reports, but
we'll issue probably another 80 reports on specific areas of
the pandemic.
Of course, there's new programs now under the American
Rescue Plan. There's a lot more money going to the State and
local level. I want to have a real-time effort to observe
what's going on there, because a lot of money is going directly
to localities as well as to the States.
I'm anxious to see what Treasury is going to do with their
reporting requirements to get some idea upfront where the money
is going to go. I talked yesterday to Secretary Yellen and her
team. I've been meeting with all of the Cabinet officials and
giving them my advice on how to handle these things. That's
part of what I normally do, anyway.
Senator Reed. Thank you very much, Comptroller. Senator
Braun.
Senator Braun. Thank you, Mr. Chairman. I've got a question
for each witness, and I want to get them in on the first round,
so about a minute and a half on the first two.
CBO TRANSPARENCY EFFORTS
Dr. Swagel, over the last few years, there's been money put
into your agency for transparency. I think it's so important to
be able to be clear about what you're doing. How many
individuals have worked specifically on transparency? Just
explain briefly what you've been able to accomplish with that
extra funding.
Dr. Swagel. Okay. No. Absolutely. So, there's a couple of
people who are specifically working on transparency: one on
data, one in cost estimates, and then there's some others in
our management system. And then, across the agency,
transparency is now--you know, it's something we're working on
across the agency, and it comes up in a variety of ways.
So, with cost estimates, for example, we have much more
information on the basis for the cost estimate and the sources
of uncertainty for the cost estimate. In our budget projections
and our economic projections, again, we have much more
information than CBO has done in the past on the uncertainty,
you know, both qualitatively and quantitively.
We put data on our website. We put computer programs on our
website. You know, with complicated subjects like, you know,
our work on drug prices and the innovation effects of changes
in drug prices, we've put out working papers to explain the
technical basis for what we've done. So, there's some of the
ways in which we've tried to answer the call for transparency.
Senator Braun. Thank you. Comptroller, we have recently
spent in the neighborhood of $4 to $5 trillion last year,
particularly devoted to COVID issues. And when you look at
what's on the table currently, $1.9 trillion I think in the
Rescue Act; in the American Jobs Act, $2.5 trillion; and I
think $1.5 trillion for the American Family Plan. That is a lot
of additional spending. What in total may be $10 to $11 billion
or trillion over the span of 2 years? Do you have the ability--
I see there is a request for a budget increase. How can you
possibly absorb the oversight portion when you've got that much
spending dumped into the system?
GAO ABSORBING ADDITIONAL WORK
Mr. Dodaro. Yes. We've been coordinating our work with the
Inspector Generals. There was additional resources given to the
Inspector General community and to the Pandemic Response
Accountability Committee, which coordinates them and leverages
their responsibilities. We've been doing a risk-based planning
effort in GAO, particularly where there are new programs that
have no prior history.
We'll need additional resources if additional legislative
packages are put in place regarding infrastructure, or other
issues down the road. Our budget request was based upon what we
knew was on the horizon last year, but a lot of developments
have occurred. If we need more resources, I won't be shy about
asking for them.
Senator Braun. Well, that's good. And what is the
capability of the agencies to actually spend this money in a
way that would be done in a manner that it's going where it
needs to go and is being done efficiently?
GOVERNMENT AGENCY CAPABILITIES TO EFFICIENTLY USE PANDEMIC FUNDING
Mr. Dodaro. There are capabilities there, but I think
Congress has to be careful. I think SBA, quite frankly, is
overwhelmed with their new responsibilities, plus they're
getting two additional programs now with shuttered venues and
the restaurant programs. And they were unable to pass an audit
this past year, an independent financial audit, because they
couldn't support the figures for their loan programs and other
issues. So now, other agencies are better positioned to be able
to do this.
A lot depends on how funding gets distributed, whether it
goes through the State and local governments, through
contracting, or other means. There are a lot of well-
established programs at the State and local level that could
handle it without a big effort, if you will, to set up new
systems. But it will be a challenge to be able to do it
effectively and efficiently. But if properly planned, it can be
executed.
Senator Braun. I only raise that, and you don't need to
comment further on it, but my observation is on any entity,
well oiled, with the rigor of maybe the marketplace making you
maybe a little more efficient than what this place might be.
When you increase anything in categories of 5, 10 percent, or
15 percent, which this is a lot more than that, it stretches
and strains any organization to do things efficiently.
LIBRARY OF CONGRESS--MASS DEACIDIFICATION
Last question, Dr. Hayden, I found it interesting that I
think a year ago there was actually a request from your office
to end funding for mass deacidification, which is a method, I
guess, to preserve documents. You said you did not need it. You
were given that money anyway. I think there's a company that's
been supplying that service for a long time from Pennsylvania.
A couple of House Cardinals were interested in seeing it
maintained. Ended up, I think it was about $2.5 million instead
of $5.5. You again, I think, have said that you do not need it.
Do you think you'll be successful this time around when you get
the forces of a place like this that ended up basically making
you take the money when you didn't want it a year ago? What are
your chances this year of having your request honored?
Dr. Hayden. I want to thank the subcommittee for supporting
the Library and rebalancing the way we care for our physical,
and now growingly, our digital collections, and that
rebalancing is underway and going very well.
The deacidification process that you correctly said that it
had been for a number of years, and it started almost 20 years
ago, and most of the materials that require that type of
response have been taken care of. And the rebalancing is to
give the Library an opportunity to continue to preserve and
conserve materials that do not require that method, and to
focus on what is increasingly becoming something that the
Library and most Libraries are having to plan for; and that's
ingesting and storing digital content.
Most of the materials, especially periodicals, and
journals, and things are coming in. So, we were able to, in
fact, use the contracting authority from the CAREs Act to work
with that particular company to make sure that they were able
to continue working at different points when there weren't many
on-site opportunities for anyone at the Library. And we are
using the additional funding to start with the Digital
Conservation Program as well as to make sure that we continue
to preserve and conserve other materials.
Senator Braun. Thank you. And my office will be watching
closely to see how that rebalancing act is going on, and that,
in fact, that it is rebalanced, and not the same old thing
occurring again because lobbyist and House Cardinals may want
it to be. Thank you.
Thank you, Mr. Chairman.
Senator Reed. Thank you, Senator Braun. Senator Heinrich,
please.
Senator Heinrich. Thank you, Chairman. Mr. Dodaro,
approximately 1.6 million people live in border communities
referred to as colonias, which are settlements along the U.S.
side of the U.S./Mexico border, often characterized by
inadequate housing, a lack of basic infrastructure, including
water, electricity, and broadband in many cases. And while the
GAO mentions colonias in a few reports on rural housing, the
last time the GAO reported specifically on colonias was in
1990. I believe these communities deserve more attention than
that, and I'll be submitting a request to GAO to provide us
with a report, and with recommendations on how to address the
infrastructure shortfalls. Moving forward, how can we ensure
that these communities are accounted for in GAO's reports?
GAO REQUEST PROTOCOL
Mr. Dodaro. We do our work in response to three different
types of congressional requests, Senator. The first way is
through a provision law, a statutory requirement or a mention
in conference or committee reports. So that's important.
Second, we respond to requests from Chairs and Ranking
Members of Committees of jurisdiction. We're a non-partisan
organization. We treat both the same.
That accounts for 95 percent of all of our work. And then I
reserve about 5 percent of GAO work to identify areas that I
think warrant more attention. The Comptroller General has broad
authority to initiate work involving Federal funds or a Federal
nexus that is of broad interest. GAO develops a long-range
strategic plan for serving the Congress. We're updating the
plan right now.
GAO'S RECENT INDIAN TRIBE WORK
We're happy to look at this issue that you mentioned and
identified. For example, we've done more work recently on
Indian Tribes. In fact, we identified Indian Federal programs
that support Indians as a high-risk area a few years ago, both
in the education and health care area and in a lack of support
for developing their own energy resources.
GAO WILLINGNESS TO LOOK AT U.S./MEXICO BORDER SETTLEMENTS
I'm happy to take a look at this issue, but we have a
challenge at our current resource levels responding to all
requests from Congress, in particular requests from individual
Members. Requests from Chairs and Ranking Members, as I
mentioned are our primary means of focusing our work.
LETTER REQUESTING GAO RECOMMENDATIONS ON FEDERAL FIREFIGHTING WORKFORCE
Senator Heinrich. Thank you. I'll be sure to follow up on
that. Yesterday, several of my colleagues sent you a letter
asking the GAO to make recommendations additionally on how
Federal Land Management agencies can improve the Federal
Firefighting Workforce.
Western States are bracing for a historic wildfire season.
Unfortunately, that season has already started in New Mexico
with the Three Rivers Fire. And the seasons are getting longer
on both ends each year.
So, I just want to highlight this letter for you today and
hope that GAO will review and report on recommendations to
improve hiring and retention for Federal Firefighters. And I
would ask unanimous consent to insert a copy of the letter into
the record.
Senator Reed. Without objection.
[The letter follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
LIBRARY OF CONGRESS--SURPLUS BOOKS PROGRAM
Senator Heinrich. Dr. Hayden, recently a very ambitious and
dedicated group of interns in my office led policy workshops
with local university students. And each of those groups
focused on issues that were important to the community that
they were in. One group proposed an expansion of the Federal
definition of the word ``Library'' to include mobile libraries
and even community centers with rooms that are devoted to
housing library materials. First, I wanted to just take a
moment to recognize the work that these interns did and that
all of the students that actually participated in those policy
workshops did, but second, I wanted to ask you, do you have
thoughts on how can Congress work with the Library of Congress
to get more materials out to rural communities, to expand the
reach, in particular, of your Surplus Books Program?
Dr. Hayden. Thank you for that, because the Surplus Books
Program is a very effective way to provide brand new books and
materials that are selected by congressional offices to send
to, in particular, libraries, schools, and other entities that
provide literacy services in cases of emergencies, especially
hurricanes. And we've been doing that for a number of
hurricanes, and fires, and things like that, when the
collections in a local community are either destroyed or
they're not available.
And so, being able--and we've been working with
congressional offices to make sure, even during this time, that
we make it easier for staff members to work with communities
and specify what types of books, what types of materials they
could use. And we see that, as a program, we've been able to
talk about that during virtual Town Halls this past year with
members. And we mentioned the Surplus Books Program.
And just, if I may, libraries in general consider their
mobile services as extensions, and that's part of it. So, thank
you for mentioning that.
CBO PROJECTIONS CONSIDERING DEMOGRAPHIC MAKEUP
Senator Heinrich. Thank you for your focus on that. Dr.
Swagel, in your testimony, you mentioned that CBO is working to
improve its capability to analyze the effects of proposed
legislation on people in different demographic and income
groups.
New Mexico's population is currently 49 percent Hispanic,
11 percent Native American. Ensuring that CBO projections are
considering demographic makeup is incredibly important to
States like mine. Can you expand on your efforts to analyze the
effects on people in different demographic and income groups?
Dr. Swagel. Yes, Senator. You know, we realize it's a
crucial topic for our analysis. We do some. So, we have long-
standing work on income distribution and looking at the
progressivity of the tax system that doesn't get broken down by
racial or ethnic group. And so, we've been working hard on the
data to be able to address that. And some of the challenge is
that the data sources don't always include the racial or ethnic
information we need. Our healthcare work, for example, relies
heavily on data from the IRS. And that doesn't have race or
ethnicity. So, we've been working to--essentially infer that,
you know, to do our best in statistical ways to figure out how
to analyze policies by different racial groups in addition to
ethnic groups.
We do a lot of work on immigration as well. The effect of
immigration legislation, the role, and the contributions of
immigrants to our society and our economy, so we do some of it,
but we're working to do more.
Senator Heinrich. Thank you. Thank you, Mr. Chair.
CBO POLICY ON EXAMINING PREVIOUS ANALYSES
Senator Reed. Thank you, Senator Heinrich. Dr. Swagel, as
you pointed out in your testimony, CBO aspires to, and must
maintain a non-partisan, independent, and reliable record on
the Hill. One way to sort of validate or check that is go back
and look at your work. Do you have, as a policy, returning to
previous analyses, examining those, see if they're off and why
they're off, and with a feedback process of improving your
analysis? Is that something you do regularly?
Dr. Swagel. It is. It's something we do both on our
economic projections and in our fiscal projections of spending
and revenue. We do it some on our cost estimates. There it's
harder, it seems, to figure out why a cost estimate is right or
wrong, but we try to do that as well.
Senator Reed. And when you--are those lessons shared
externally as well as internally within CBO?
Dr. Swagel. Yes. They are. So, we do an annual--two annual
reports: one on the economic side; one on the fiscal side. And
then we engage with outsiders with--we have two panels of
outside advisors. And then every report, we go out and ask
outside experts to review reports and then engage with them
afterward.
CBO CYBERSECURITY AND COORDINATION WITH OTHER AGENCIES
Senator Reed. Thank you. And I have got a question for the
whole panel. I'll start with Dr. Swagel, to be fair. And no
surprise, cyber security is the issue de jure and will be, I
think, for the rest of our lives, but how would you rate--two
questions, starting with Dr. Swagel: How would you rate your
cybersecurity in CBO today? And also, how is your relate or
rate, rather--your coordination with other congressional
agencies?
Dr. Swagel. Okay. So, I think we're doing pretty well. And
obviously, you know, I say that with some trepidation since
none of us know what we don't know.
Senator Reed. Right.
Dr. Swagel. You know we have put a lot of effort into our
cyber security, starting with the move to the cloud. So, you
know, across the agency, our email servers have been long in
the cloud, so we were instance protected from some of the, you
know, the recent hacks based there. And other things. We have
tax data that we work with the IRS and the Joint Committee on
Taxation to make sure that that's secure as well. So, I think
we're in good shape. You know, I say that cautiously.
On coordination, so I'll highlight just very briefly two
avenues of coordination: One is what I just hinted at with the
IRS and JCT. You know, they have authority over particular
data, and we work closely with them to secure it. There is also
coordination across the Legislative Branch agencies. There is
several councils that our Chief Information Officer
participates in to share best practices, to share threats. And
there's one across the government that we participate in to
share, essentially, again information and best practices.
Senator Reed. Thank you. Comptroller Dodaro.
GAO'S CYBER SECURITY FOCUS
Mr. Dodaro. This has been an issue of mine for a long time.
GAO first designated cyber security as a high-risk area across
the entire Federal Government in 1997. That was the first time
we ever said anything was government high risk. I added
critical infrastructure protection in 2003: electricity grid,
financial markets, telecommunications, et cetera. So, this has
always been on my mind, and we manage GAO accordingly.
We've had outside experts come in and take a look at our
system. I think we're in pretty good shape, as good as anybody
could be. I mean you're not going to be at zero risk, but we've
been very fortunate. It's always a top priority for us.
Part of our budget request will be to continue to update
GAO's cyber security capacity. We have to keep working on it.
Threats evolve and change. I still don't believe the Federal
Government's operating at a pace commensurate with the evolving
grave threats.
This issue will get more complicated with artificial
intelligence, quantum computing, et cetera. And that's what we
have our new Science and Technology Group focused on too,
looking at this in the future aspects of this issue.
We also have a responsibility to look at cyber and
electronic threats to the Congress, and to report to a number
of committees, so we do that. From time to time, we're brought
in to look at Congress' own operations with regard to cyber
security to provide technical advice. We've got a great group
of experts in cyber security.
GAO is doing more and more work on this area. It's
intertwined, as you say, with almost everything. People want to
know about it. And we participate, as Phil mentioned, with the
Legislative Branch Councils. GAO's Chief Information Officer
and our Chief Information Security Officer participate in those
events. We've looked at this issue in the past, at the Library,
Copyright Office, and the Office of Congressional Workplace
Relations, and have made some recommendations there.
And I would add that the Library has been, particularly
under Carla's leadership, very responsive to our
recommendations.
Senator Reed. But you will take this on as an important--as
you said, you have 5 percent of sort of the responsibility--
ability to assign. This will be at the top of your list, I
presume?
Mr. Dodaro. Absolutely. But I don't have to anymore. I used
to. We built a computer lab facility in the 1990s to
demonstrate to agencies how easy it was to hack their systems.
At the time nobody seemed concerned. Nobody was paying
attention to it. I said, ``Well, that's a problem.'' You could
see this coming as we were becoming more and more reliant on
computer networks. Nobody was building in computer security
upfront in those days, and we're still not doing it. For
example, we just did work, not that long ago, at the Defense
Department showing they weren't focused enough on developing
new weapons systems with cyber security protections. This is
also an issue with satellites and a wide range of other issues.
It's not just information systems.
We're moving to an air traffic control system that's going
to be satellite based, not radar based, which was a pretty
self-contained system. So, there is increased risk there.
The Internet of things also introduces risk. Anything that
touches the Internet has the potential to become a problem.
Senator Reed. Thank you----
Mr. Dodaro. You're welcome.
LIBRARY OF CONGRESS--CYBERSECURITY
Senator Reed [continuing]. Very much. And Madam Librarian--
--
Dr. Hayden. Yes. And IT----
Senator Reed [continuing]. Your comments?
Dr. Hayden. Yes. And IT security is very serious at the
Library, not just for our data, but also our interactions with
other legislative branch agencies; and we have two divisions:
The Congressional Research Service, and the Copyright, where we
are very concerned, and need to make sure that our cyber
security is more than sufficient.
And we have implemented all of the GAO recommendations
under IT security; and we are adhering to the NIST Security
Standards. We are part--and I'd like to say we're a very active
part of the Legislative Branch Cyber Security Working Group.
And we work closely, too, with the Senate Sergeant of Arms and
all of the other technology offices as well.
So, we definitely know that that is a major part of what we
have to be concerned about as we modernize and work on our IT
structures.
CLOSING STATEMENT--CHAIRMAN REED
Senator Reed. Thank you very much. Senator Braun, I believe
you have no questions? Thank you very much. Well, this will
conclude the Legislative Branch Appropriations Subcommittee
hearing regarding fiscal year 2022 funding for the Library of
Congress, the Government Accountability Office, and the
Congressional Budget Office.
I want to thank Dr. Hayden, Comptroller Dodaro, and Dr.
Swagel for your testimony today. I appreciate it very much.
ADDITIONAL COMMITTEE QUESTIONS
The hearing record will remain open for 7 days, allowing
Members to submit statements and/or questions for the records,
which should be sent to the subcommittee by close of business
on Wednesday, May 5, 2021.
[The following questions were not asked at the hearing, but
were submitted to the agencies for response subsequent to the
hearing:]
Questions Submitted to Hon. Dr. Carla Hayden
Questions Submitted by Senator Jack Reed
national library service for the blind and print disabled
Question. Since 1931, the National Library Service for the Blind
and Print Disabled (NLS) has utilized a national network of libraries
to provide books and magazines, among other printed texts, in braille
and recorded formats to blind and print disabled individuals in the
United States, and to Americans living abroad. The unique services NLS
provides helps hundreds of thousands of readers--people who may not be
able to hold a book in their hands, or veterans who have difficulty
reading standard print--enjoy the freedom to read in their own way.
--Can you give an update on NLS' modernization efforts, including the
roll-out of braille eReaders and the Braille and Audio Reading
Download (BARD) Infrastructure Modernization?
Answer. Now celebrating its ninetieth anniversary, the Library of
Congress' National Library Service for the Blind and Print Disabled
(NLS) continues to innovate and adapt to meet the reading needs of
blind and print disabled Americans across the Nation and oversees.
Given that it's institutional history traverses phonographic records,
cassette players and tapes, digital talking book machines and flash
memory cartridges, and the Internet, all the while continuing to supply
hard copy braille materials, it should be no surprise that NLS again
sits at the precipice of an exciting modernized future.
In the last few years, NLS has updated its name, amended its laws
and regulations, gone through an agency-wide reorganization, created a
Modernization Program Office (MPO), and centralized and integrated its
IT designs, resources, and business plans into a new, proactive,
productive, and collaborative partnership with the Library's Office of
the Chief Information Officer (OCIO), all important facets of its
forward-thinking modernization efforts.
Related to the eReader initiative specifically (and thanks to the
annually requested (fiscal year 2020-fiscal year 2024) $2.375M included
in NLS's fiscal year 2021 appropriation), NLS is particularly pleased
with the progress it is making to provide braille content in a
modernized format (i.e., affordable, refreshable braille devices, or
braille eReaders) to NLS's braille patrons and in furtherance of
implementing a digital braille program.
In fiscal year 2021, NLS began a pilot to study all aspects of
distribution implementation and the functionality of two prototype
eBraille devices before a full-scale Nation-wide network distribution,
collection of feedback from pilot patrons, and validation of
distribution processes at network libraries, can commence. The pilot
program with seven total libraries began in August. NLS procured 3,000
additional eReader devices for this pilot program and instructed pilot
libraries on the enrollment of patrons, the assistance of pilot
participants, the execution of patron surveys for data collection and
analysis, and the distribution of devices. NLS also continues to
provide technical training and quality assurance support, monitor two
active listservs for regular feedback from patrons and library staff,
and evaluate how much training, support, and maintenance will be
necessary to deploy devices to the network in the future.
The initial pilot feedback has been very promising. In comparing
braille downloads from fiscal year 2019 to fiscal year 2020, non-pilot
libraries had a 20 percent increase while pilot libraries had a 126
percent increase. In the first 2 months of fiscal year 2021, pilot
libraries saw a 515 percent increase in braille downloads over fiscal
year 2020. This distribution, evaluation and assessment work will
continue through fiscal year 2024. In addition, as also included in
this NEPR programming, NLS procured 460 Stop-Gap Talking Book Players
needed to maintain necessary patron-based inventory. This particular
commercial interim device contains additional features NLS will test as
it moves toward some form of digital delivery.
NLS is also pleased with the progress it is making on its Braille
and Audio Download (BARD) infrastructure modernization. Building on
several years' work, NLS and OCIO successfully moved BARD to the cloud
in January 2021, more than tripling its capacity for NLS users while
making it both faster and more stable. Work is now underway on what
OCIO and NLS are calling BARD 2.0, which is a complete redesign of the
system to ensure it can meet the needs of NLS's growing patron base and
serve as the focal point for future methods of content delivery. The
new BARD will ultimately be able to support 10 times as many people
with a more user-friendly interface and increased IT security. Whether
it be a refreshable braille device, smart speakers, smart phones, or a
talking book machine that can utilize traditional cartridges but also
connect to the Internet and allow voice user interface, a fully
operational BARD 2.0 will be the key mechanism and centerpiece in
getting NLS content into patrons' hands.
At the same time, OCIO and NLS are exploring options for the next-
generation NLS device, including testing voice navigation, cellular
delivery, and other advanced options for user interface and content
management. They have also jointly developed a multi-year NLS
Technology Roadmap, setting a path forward for the replacement of out-
of-date legacy NLS systems that manage the full array of NLS's
functionality for its network, its patrons, its staff, and its
connections to the rest of the Library--from content delivery services,
to content production services, to better communications and marketing,
to enhanced customer service, to state-of-the-art enablers to allow for
secure and efficient use of NLS' systems.
Finally, NLS has instituted the aforementioned Modernization
Program Office (MPO) to assist NLS in better exhibiting modern project
management best practices as it relates to these modernization projects
and initiatives. The MPO will be working closely with the OCIO Project
Management Office (PMO) on adopting the Library's Project Management
Life Cycle (PMLC) and Systems Development Life Cycle (SDLC) within NLS
to ensure full compliance with industry best practices (e.g., Project
Management Book of Knowledge (PMBOK), GAO's Cost Estimating Guide,
GAO's Schedule Assessment Guide) while executing the new eReader
projects. In addition, the MPO is collaborating with the OCIO to ensure
the agile Technology Roadmap is helping to lead and guide the asset and
resource management, procurement, and strategic timing of key
modernization initiatives.
In their efforts to continue to elevate digital experiences and to
strategically enhance Library services, from digital braille
implementation, to new modern IT systems and business practices, to new
digital means of talking book delivery, NLS and its OCIO partners in
the Library are continuing to move NLS into a modern, integrated,
resource-wise and properly aligned mission That All May Read.
Question. Can you tell us about the Marrakesh Treaty ratification
and the role of NLS in that treaty? What impact will that have on NLS
and the United States?
Answer. The Library of Congress and its National Library Service
for the Blind and Print Disabled (NLS) continue to be very excited
about the Marrakesh Treaty and its implementation.
The Marrakesh Treaty to Facilitate Access to Published Works for
Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled
concluded at Marrakesh, Morocco in June, 2013, and the United States
signed the Treaty in October of that year. In June, 2018, the U.S.
Senate ratified the Treaty and also passed the Marrakesh Treaty
Implementation Act to amend U.S. law in accordance with the Treaty. The
House passed the Act that September and it was signed into law in
October 2018.
The Treaty entered into force in the U.S. in May 2019. In addition,
the Library of Congress Technical Corrections Act was included as part
of the fiscal year 2020 omnibus bill passed and signed into law in
December of 2019. That legislation incorporated the terminology of the
Treaty into NLS's authorizing statute. It also statutorily allowed NLS
to participate in the international exchange of digital content whereas
NLS's services were previously restricted to U.S. citizens and
residents. Currently, there are now 79 contracting parties to the
Treaty, including the European Union.
As you know, the Marrakesh Treaty seeks to increase access to
printed materials for those who are blind, visually impaired, or
otherwise print disabled by allowing cross-border exchange of
accessible texts either directly or through authorized entities (AEs)
such as libraries for the blind. Through the Treaty and the vital work
of NLS, visually impaired Americans are gaining access to the world's
languages, literature, and knowledge in accessible formats, primarily
digital file exchange. On behalf of its patrons, NLS is acquiring, at
minimal cost, thousands of titles in English and other languages from
its counterparts around the world. Likewise, via Marrakesh, NLS, the
Library, and the United States can contribute to substantially reducing
the global ``book famine,'' as less than 7 percent of all the books
published each year are available in an accessible format. This famine
is exacerbated by the fact that 90 percent of the world's 285 million
people who are blind or visually impaired have low incomes and live in
developing countries. Given that NLS has one of the largest accessible
collections in the world, sharing it with other countries can make a
tremendous difference.
Because of the Treaty, NLS is adding a rich array of accessible
versions of books in foreign languages and English more inexpensively
and more quickly than previously possible. NLS is able to immediately
access materials in foreign languages that expand beyond our
traditional collection to better match current demographics. NLS
currently holds titles in at least 36 different foreign languages, but
the majority of our foreign language collection is in Spanish. This
makes sense given that about 70 percent of potential patrons who speak
a language other than English speak Spanish. But we know from census
data that they also speak French, Tagalog, German, Russian and Arabic,
among many others. And now, NLS can work to better meet their needs.
To these ends, NLS is developing partnerships with international
AEs to exchange collections. Current partners include the World
Intellectual Property Organization (WIPO) and their Accessible Book
Consortium (ABC), Canada's Center for Equitable Library Access (CELA),
the UK's Royal National Institute of Blind People (RNIB), the Fundacion
Chile Musica y Braille, and Germany's Deutsches Zentrum fur
barrierefreies Lesen (DZB Lesen). As well, NLS will continue to refine
its internal collections, conversion, and cataloging processes and
workflows to convert and import this content into our Braille and Audio
Download (BARD) system.
The Library and NLS remain strongly committed to Marrakesh. Our
efforts are already visible, impactful, and bearing important fruit for
our patrons and blind and print disabled individuals worldwide!
More information about NLS's implementation of the treaty can be
found at www.loc.gov/nls/about/organization/laws-regulations/marrakesh-
treaty, www.loc.gov/nls/about/organization/laws-regulations/marrakesh-
treaty/marrakesh-treaty-
implementation, and www.loc.gov/nls/about/organization/standards-
guidelines/
collection-building-policy.
Further information about ABC can be found at www.accessiblebooks
consortium.org/portal/en/index.html and
www.accessiblebooksconsortium.org/global
books/en.
Finally, a very informative Marrakesh update from the U.S. Register
of Copyrights earlier this year can be found at https://blogs.loc.gov/
copyright/2021/02/the-marrakesh-treaty-in-action-exciting-progress-in-
access-to-published-works-for-the-blind-and-print-disabled-communities.
library collections access platform
Question. The Library is requesting $6.5 million and nine FTE to
replace its legacy Integrated Library System (ILS) that was implemented
in 1999. I understand that the new system, the Library Collections
Access Platform (L-CAP) will integrate multiple standalone systems.
This is one of your top priorities in the Library's fiscal year 2022
budget request.
--How will this new system integrate and streamline disparate Library
processes, and how will it positively impact the user
experience?
Answer. L-CAP is intended to consolidate the functions of several
decades old systems into one modern IT system that is specifically
designed to be both user friendly and adaptable for future technology
advances. The transition to L-CAP can best be thought of as an
evolutionary jump in the way the Library will be able to support the
management, discovery and access to the millions of items in the
Library's collections. The impact on user experience will be
significant across a range of areas, including:
--Consolidated Search across Library Collections
L-CAP will provide Library users, including Congress and
American citizens and their schools and libraries, with a consolidated
user interface that will enable them to search across the Library's
vast collections without specialized knowledge of the type of content
they are searching. Today, the Library has two separate catalogs; the
LC Catalog (catalog.loc.gov), which enables search of the Library's
physical and some born-digital content; and the E-Resources Online
Catalog (eresources.loc.gov), which enables access to the Library's
licensed electronic resources. There is no universal search that will
allow users to search all Library items in one place. L-CAP will enable
users to search both types of content together in a single search
interface.
--Centralized Management of Descriptive Metadata & Support for New
Format
L-CAP will enable the Library to manage its descriptive metadata
in a single system that will support multiple metadata formats. Today,
the Library manages its collections metadata in the LC Catalog, the E-
Resources Online Catalog and the Data Management Tool (DMT). The LC
Catalog and E-Resources Catalog only support the aging MARC metadata
format. The Library manages approximately 500,000 metadata records for
born-digital items in DMT in a non-MARC format that is better suited to
digital content. Consolidation of the Library's descriptive metadata in
L-CAP will enable Library staff to work in a single system to acquire
and catalog content of all types in the metadata formats that best
support access to the Library's collections. L-CAP will also support
the new Bibliographic Framework (BIBFRAME) metadata format that the
Library is developing, which none of the legacy systems can
incorporate.
--Single Knowledgebase to Undergird Access to Electronic Resources
The Library currently relies on three separate very large
databases to track information about electronic resources, such as
electronic journals and e-books and their availability and
accessibility:
1. The Library's OpenURL resolver, branded as FindIt!,
determines if an item such as a journal article or book is available
electronically and what the appropriate copy for a user is.
2. A web-scale discovery product that searches across articles
in the Library's licensed electronic resources.
3. A third-party metadata service that delivers bibliographic
records and coverage data with customized links to the Library licensed
electronic resources.
Having that data in separate databases limits how the
information can be leveraged and shared across systems. Under the new
system all of that data will be managed within a single knowledgebase
that will allow the above functionality to be combined seamlessly
within L-CAP.
--Full Support for Languages and Scripts
The Library's legacy systems do not support the diverse range of
languages and scripts represented in the Library's collections. Library
users expect to be able to search in the languages and scripts they
know. L-CAP will enable creation of the bibliographic and other data in
non-Roman scripts to facilitate the user's ability to find collections
materials by searching in those languages and scripts.
--Integrate with Internal Digital Content Management Systems
The Library's legacy systems are not able to incorporate new
technological developments that are now available in the vendor
marketplace, nor can they take advantage of technology modernization
advances OCIO has implemented in the Library's IT infrastructure. As
the Library modernizes its digital library services and storage, L-CAP
will enable further integration across those services, and allow the
Library to more easily adapt to innovative new technologies that become
available.
Question. What is the Library doing to ensure that no essential
services are negatively impacted by the implementation of this new
platform?
Answer. The Library has been carefully planning for the next
generation Library Collections Access Platform (L-CAP) for several
years, with in-depth reviews of current Library systems, available
technical solutions, and modern best practices. The effort will be
jointly managed by the Library's Office of the Chief Information
Officer and Library Services Service Units, bringing together deep
technical and subject matter expertise to ensure that requirements and
dependencies are fully understood and that the implementation of the
new system will integrate smoothly with essential services.
As an extra precaution, the Library intends to maintain and upgrade
existing systems and essential services while implementing L-CAP. The
Principal Deputy Librarian and Associate Deputy Librarian for Library
Services have ensured that the Library will maintain 3 years of vendor
maintenance support for the LC Integrated Library System (ILS) and
Electronic Resource Management System (ERMS) while developing L-CAP. To
prolong the operational life of essential systems, the Library is
planning to upgrade ERMS in fiscal year 2021 and ILS in fiscal year 22.
These upgrades will ensure the Library can maintain both key legacy
systems in production until they can be safely retired. However, both
systems are over 20 years old, cannot be expanded to incorporate modern
technology, and present growing risks to their sustainability as the
years go by.
The request for additional staffing will enable the Library to
operate and maintain its essential services while implementing L-CAP
and ensure the time for a careful and coordinated transition. The
actual migration to the new system will be carefully planned to
transition from legacy platforms to L-CAP. For example, collections
acquisition activities will close at the end of a fiscal year in the
legacy ILS and start in the next fiscal year in the new L-CAP. This
will ensure a full closeout and audit trail for the preceding fiscal
year in the legacy system and population of subscription orders in the
new system in the next fiscal year. Similarly, the Library will migrate
patron data from the legacy ILS to the new L-CAP to ensure a seamless
transition for our borrowers.
The additional base funding requested as part of the L-CAP effort
will also enable continuous development of the system and ensure
adequate resources to support new functionality and meet users'
evolving expectations.
______
Questions Submitted to Hon. Dr. Carla Hayden
Questions Submitted by Senator Mike Braun
security
Question. Dr. Hayden, the Library included in its fiscal year 2022
budget request significant increases for security related projects.
Ensuring the security of the Library's staff and public visitors,
priceless collections, and cyber infrastructure are all important
goals.
--Can you describe the importance of the security enhancements
included in your budget request? Particularly the needs that
were identified before the events of January 6?
Answer. We take the safety and security of the Library, both our
employees and visitors and our collections and data, very seriously.
Even before the events of January 6, we had identified three
significant projects that are critical to continue safeguarding our
workforce, our national treasures, and the information entrusted to us
by Congress and the copyright community.
The overhaul and modernization of the Library's nearly 20-year-old
Integrated Electronic Security System (IESS) is critical to supporting
the security missions of the Library of Congress and U.S. Capitol
Police (USCP). The USCP relies on the IESS as a force multiplier, as it
enables a robust platform for a networked electronic access control
system, intrusion detection sensor monitoring, and campus-wide closed
circuit camera coverage. The IESS is essential for the detection and
prevention of criminal activity, providing critical security monitoring
for the protection of both life and property at all Library facilities
both on Capitol Hill and in outlying locations. The system safeguards
the staff, public visitors, priceless collections, and high-value
assets. Additionally, the IESS provides important security support and
situational awareness for the Library and the entire Capitol Complex
perimeter. The events of January 6, 2021, further underscore the
importance of the IESS and the need to modernize the system.
Over the last few decades, emergency services have also become
increasingly reliant on the availability of reliable cellular
connectivity for both internal command and control functions and to
quickly and effectively communicate with the public and other external
parties. Unfortunately, the Library's architecture precludes strong
cellular connectivity without an internal antenna system, and the
Library's cellular system is both outdated and inadequate to meet
modern demands. The current legacy 3G system was installed in 2004 and
is now at the end of its service life. The system is also incompatible
with advanced 5G connectivity. The Library's Security and Emergency
Preparedness Directorate, the USCP, and the Architect of the Capitol
have all requested that the Library upgrade its cellular system to
support safety and security operations. Our budget request will allow
us to implement a modern cellular solution that will ensure
connectivity for USCP, AOC, and Library staff, as well as congressional
and other Library visitors. The timing for this project has become
critical, because the major cellular providers are ending their support
for 3G service. T-Mobile has announced plans to end 3G service on
January 1, 2022. The other major carriers are expected to follow. If we
do not move forward with a new cellular system quickly, we risk losing
cellular service inside Library buildings.
On the cybersecurity front, the threat to the Library and
legislative branch data has escalated steadily over the last decade,
with increasingly complex attacks regularly identified and prevented.
The Library's IT security is constantly tested, with nearly 200,000
attempted cyberattacks a year. We have implemented a very strong IT
security program for the Library. However, over the last few years,
Cloud technology has advanced rapidly, and it is now a critical part of
our IT modernization efforts. As we mature our Cloud hosting, we also
need to mature our IT security posture for the Cloud. To stay ahead of
the growing sophistication of the most advanced and persistent threats,
the Library must be able to maintain and consistently mature a
comprehensive suite of cybersecurity tools and training. Our fiscal
2022 request will let us expand the robust IT security protections
we've implemented for our traditional IT operations to our Cloud hosted
IT systems. We will be using the best tools available and leveraging
artificial intelligence to make sure we can stay ahead of the growing
threats coming out of places like China, Russia, Iran, and North Korea.
Following the events of January 6, the Library has identified a
number of additional smaller projects that would enhance our ability to
respond to emergencies. The projects range from reinforcing collection
storage facilities and internal door improvements to replacing the
Library's emergency public address system and securing exposed
infrastructure cabling. We are also working with the Architect of the
Capitol to prioritize a number of significant projects, such as the
modernization of the Madison building's over 40-year-old fire alarm
system and the hardening of external doors and windows to prevent
perimeter breaches.
Question. For security generally and post-January 6, how are you
coordinating with other Legislative Branch entities on security?
Answer. The Library maintains close and continuous coordination
with the U.S. Capitol Police Operations and Command and Control
Bureaus, Physical Security Division, and the Legislative Branch
Emergency Management Task Force. The Library's physical security is
coordinated through the Capitol Police, with the Library's Security and
Emergency Preparedness Directorate an active partner.
The Library is also a very active participant in the Legislative
Branch Cybersecurity Working Group and the Legislative Branch Chief
Information Security Officer Council. We coordinate closely with the
House and Senate Sergeant at Arms, as well as all of the legislative
branch technology offices to ensure everyone is on the same page in
regards to the threats we are seeing. Our IT security operations center
is tied into the Senate cybersecurity threat intelligence platform, and
routinely talks with the House, Senate, and the U.S. Capitol Police.
CONCLUSION OF HEARINGS
Senator Reed. With that, the Committee will stand
adjourned.
[Whereupon, at 3:00 p.m., Wednesday, April 28, the hearings
were concluded, and the subcommittee was recessed, to reconvene
subject to the call of the Chair.]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
[all]