[House Prints, 116th Congress]
[From the U.S. Government Publishing Office]
116th Congress }
HOUSE OF REPRESENTATIVES
2d Session } { C.P. 116-4
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[COMMITTEE PRINT]
RECOMMENDATIONS TO IMPROVE
CONTINUITY OF GOVERNMENT
AND CONGRESSIONAL OPERATIONS
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R E P O R T
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THE SELECT COMMITTEE ON THE
MODERNIZATION OF CONGRESS
U.S. HOUSE OF REPRESENTATIVES
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[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
July 31, 2020.--Ordered to be printed
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U.S. GOVERNMENT PUBLISHING OFFICE
40-969 WASHINGTON : 2020
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SELECT COMMITTEE ON THE MODERNIZATION OF CONGRESS
DEREK KILMER, Washington, Chair
ZOE LOFGREN, California TOM GRAVES, Georgia, Vice Chair
EMMANUAL CLEAVER, Missouri ROBERT WOODALL, Georgia
SUZAN DelBENE, Washington SUSAN W. BROOKS, Indiana
MARK POCAN, Wisconsin RODNEY DAVIS, Illinois
MARY GAY SCANLON, Pennsylvania DAN NEWHOUSE, Washington
WILLIAM TIMMONS, South Carolina
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Committee Staff
Allie Neill, Staff Director
Jake Olson, Deputy Staff Director
C O N T E N T S
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July 31, 2020
Page
I. PURPOSE AND SUMMARY..............................................1
II. BACKGROUND AND NEED FOR RECOMMENDATIONS..........................2
III. VIRTUAL DISCUSSIONS..............................................3
IV. RECOMMENDATIONS..................................................4
V. COMMITTEE CONSIDERATION AND VOTES................................7
116th Congress }
HOUSE OF REPRESENTATIVES
2d Session } { C.P. 116-4
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RECOMMENDATIONS TO IMPROVE CONTINUITY OF GOVERNMENT AND CONGRESSIONAL
OPERATIONS
_______
July 31, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Kilmer, from the Select Committee on the Modernization of Congress,
submitted the following
R E P O R T
I. PURPOSE AND SUMMARY
The Select Committee on the Modernization of Congress has
been charged with the important responsibility of recommending
improvements to the U.S. House of Representatives to help
Members of Congress and their staff better serve the American
people. On May 23, 2019 the Select Committee passed its first
set of recommendations to improve transparency in Congress. On
July 25, 2019 the Select Committee passed its second set of
recommendations to address key challenges and capacity issues
throughout the Legislative Branch, including: updating Human
Resources (HR) policies and consolidating the many HR-related
offices in the House; overhauling the onboarding process for
new Members and providing continuing education opportunities
for all Members; emphasizing the necessity of civility and
respect throughout Congress; modernizing House technologies and
emphasizing quality IT services; and, addressing the equal
access challenges persons with disabilities face when working
for, visiting, or interacting with the House. On December 19,
2019 the Select Committee passed its third set of
recommendations to boost civility and bipartisanship in the
House; streamline processes and save taxpayer dollars; and,
increase the quality of constituent communication.
In early 2020, as the Select Committee continued its work
of developing recommendations to make Congress work better for
the American people, a global public health crisis emerged. The
COVID-19 pandemic brought the need for congressional continuity
planning into clear focus as Members and staff had to quickly
figure out how to work efficiently and effectively away from
the U.S. Capitol. Select Committee Members believe that
Congress needs to better prepare for continuity of government
and operations in the face of crises.
To address these challenges, the Select Committee proposed
its fourth set of recommendations. These recommendations focus
on ensuring that House offices have policies and technologies
in place for extended periods of telework so that Members can
continue to fulfill their legislative and representational
responsibilities in emergency circumstances.
II. BACKGROUND AND NEED FOR RECOMMENDATIONS
Developing continuity of government and operations
strategies will improve the way Congress works on behalf of the
American people. The Select Committee identified the following
issues to be addressed with continuity focused recommendations:
1. Currently, there is no standard continuity of operations
plan (COOP) that House offices are required to follow during
emergencies. Offices are provided with COOP frameworks that
they can use as a basis for establishing their own plans, but
there are no standardized guidelines across offices. This leads
to inconsistency and confusion; during the COVID-19 pandemic,
for example, some offices required staff to report to the
office for work while some government and health officials were
urging all Americans to stay home. Providing House offices with
a standardized, detailed COOP that can be customized to fit
individual office needs will minimize inconsistencies across
offices and ensure the safety of Members and staff.
2. In the event of a crisis, offices need to be prepared to
make a seamless transition to telework. During the initial
weeks of the COVID-19 pandemic, when most House offices issued
mandatory work-from-home directives, some offices lacked the
equipment necessary for all staff to successfully telework.
Ensuring that all offices and staff have the technology
necessary to telework efficiently and effectively improves
continuity of government operations.
3. In addition to having the equipment necessary for
telework, House offices need to have consistent technology
updates. During the COVID-19 pandemic, the transition to
telework was difficult for offices that had out of date
equipment and software. Regularly scheduled technology
assessments and updates will help ease the transition to
telework so that when staff suddenly have to work from home for
extended periods of time, they are prepared.
4. Communicating with and assisting constituents during a
crisis like the COVID-19 pandemic can be challenging. Office
staff need to act quickly to address constituent concerns but
can get held up by figuring out access to resources, approval
processes, ethics and franking rules, and costs. Guidelines on
handling constituent communications in emergency circumstances
would help offices better prepare to communicate with and help
constituents.
5. Offices must be able to handle constituent casework
remotely and securely. When a crisis situation requires staff
to telework for extended periods, they need to be able to
securely access and process constituent casework seamlessly. A
House-wide secure document sharing system would ease this
process.
6. Due to a lack of guidance and preparation, many offices
were unprepared to use remote communication technologies and
software. As a result, some offices relied upon software and
programs that were not officially approved by the House.
Additionally, staff had difficulty accessing programs because
of shared license agreements. Providing offices with approved
software for video conferencing and remote communications, as
well as providing licenses for that software to individual
staff, would enable a smoother transition to telework.
7. Transparency in the legislative process is hindered
during extended periods of telework due to fewer public
committee markups and slow downs in agencies responding to
committee requests for information. Committees should have
audio and video communications programs in place, as well as a
bipartisan plan for sharing relevant committee information with
the public.
8. A pilot program to allow committees to electronically
submit committee reports was put into place in May 2020 via
H.Res. 965. The program was intended to be temporary, in
response to the COVID-19 telework requirements. But because the
electronic submission of committee reports makes committee work
more efficient, accessible, and transparent, the House should
make the pilot program permanent.
9. The Select Committee previously passed a recommendation
to allow Members to electronically add or remove their name as
a bill cosponsor, thereby updating a cumbersome process. This
technology should be expanded to allow digital signatures on
other documents to increase efficiency, and to allow Members to
designate a staffer who can approve use of a Member's digital
signature.
10. While some committees have introduced technology into
processes to make work more efficient, most committees have
not. For example, committees could save time by voting
electronically, especially during long markups with a lot of
amendments. Using tablets in committee for document sharing
also saves time, as well as paper. Committees should develop
bipartisan plans for integrating technology into committee
work.
11. The Select Committee has recommended specific
continuity of government and operations reforms, but there is a
need for a wholistic understanding of how Congress responded to
the COVID-19 pandemic and how the institution can better
prepare for future crises. A bipartisan, bicameral task force
should produce an objective report of the response and offer
recommendations for how Congress can best prepare for
congressional continuity.
12. While many House offices were unprepared for the sudden
and extended period of telework due to the COVID-19 pandemic,
freshman Members may have needed extra guidance due to their
lack of institutional experience. Guidance on preparing an
office COOP should be covered in new Member orientation, as
well as at the beginning of each new session of Congress for
Members on an as-needed basis. In addition to COOP guidance,
new Members should receive the rigorous cybersecurity training
previously recommended by the Select Committee, including the
risks of working in a telework environment.
III. VIRTUAL DISCUSSIONS
The COVID-19 pandemic compelled changes in committee
operations and procedures. Because Members were away from the
U.S. Capitol for extended periods of time, many committees,
including the Select Committee on the Modernization of
Congress, continued to meet by videoconference. The Select
Committee held three virtual discussions which helped shape
these recommendations. The discussions included:
``Continuity of Committee Work,'' on May 7,
2020. The Select Committee received testimony from:
Marci Harris, CEO of PopVox
Beth Noveck, Director of The
Governance Lab and Chief Innovation Officer for
the State of New Jersey
``Congress' Tech Capacity,'' on May 15,
2020. The Select Committee received testimony from:
Travis Moore, Founder and
Director of Tech Congress
Lorelei Kelly, Leader of the
Resilient Democracy Coalition, Beeck Center for
Social Impact and Innovation, Georgetown
University
``Remote Office Work and Best Practices from
Federal Agencies,'' on May 20, 2020. The Select
Committee received testimony from:
Peter M. Weichlein, Chief
Executive Officer, U.S. Association of Former
Members of Congress
Kristine Simmons, Vice
President, Government Affairs, Partnership for
Public Service
IV. RECOMMENDATIONS
The Select Committee made the following 12 recommendations
to address the problems identified above (see II. BACKGROUND
AND NEED FOR RECOMMENDATIONS):
(1) Recommendation: Each office should have a continuity of
operations plan, including minimum safety requirements and an
emergency communications plan, that is made available to all
staff so offices continue functioning for the public.
Specifically . . . A House-wide Human Resources HUB, in
consultation with the Sergeant at Arms' Emergency Management
Division, should prepare an extensive COOP framework with
minimum safety requirements each office must meet. This
framework can then be tailored to fit individual office needs,
in consultation with the HR HUB.
Office COOPs should include detailed emergency
communication plans for office staff that explain how staff
will communicate, phone forwarding plans, email management, and
video conferencing systems. For new Members, these plans should
be developed during orientation; for current Members, these
plans should be developed at the beginning of the next
congressional session. Plans should be included in employee
handbooks and made easily accessible to all staff. District
office handbooks could include information on how to transition
to remote work, including for phone and computer operations.
Additionally, district directors should be consulted during the
development of COOPs to ensure that district offices have a
telework policy in place.
(2) Recommendation: Ensure that staff have the most up-to-
date technology and equipment to continue effectively working
on behalf of constituents in the event of a disruption or
emergency.
Specifically . . . Office COOP and technology purchasing
plans should include for the provision of up to date, VPN
capable laptops for all staff in both Washington, D.C. and
district offices, as well as equipment and support necessary to
forward D.C. and district-office phones. The House should
consider purchasing secure Wi-Fi connections or ``hot spots''
for increased connectivity during remote work periods only,
particularly in districts with poor connectivity. Telework
technology in district offices should include tools necessary
for continued communication with constituents, including phones
and scanners.
An Office of Technology Assessment (OTA), the HR HUB, and
the Sergeant at Arms' Emergency Management Division should
assist new Members and staff who request help with technology
purchases during the orientation process.
(3) Recommendation: Establish regular maintenance plans for
office technology, so the equipment and technology needed
during remote operations and telework is functional.
Specifically . . . An Office of Technology Assessment
(OTA), in consultation with the HR HUB and the Sergeant at
Arms' Emergency Management Division where appropriate, should
assist Members with the maintenance of their office technology
systems. Additionally, the OTA should establish a technology
maintenance checklist for individual offices to reference.
(4) Recommendation: Crisis communications guidelines for
constituent communication, including outreach plans for
extended telework periods, should be approved and shared with
all Member offices.
Specifically . . . The Franking Commission should outline
an expedited review process, as well as crisis-specific sample
text for offices to reference. In particular, the Franking
Commission should consider exceptions to current ``blackout
dates'' to allow Members to communicate emergency information
to their constituents.
In addition, offices should prepare plans for communicating
with constituents during extended telework periods. Plans for
communicating should include use of letterhead, phones, phone
applications and social media.
At the conclusion of the 116th Congress, the Franking
Commission should provide a report to the Committee on House
Administration evaluating Member use of the frank during the
COVID-19 pandemic, including any violations that may have
occurred, and recommendations for improving.
(5) Recommendation: To help streamline casework requests
and help constituents better access federal agencies and
resources, the House should implement a secure document
management system, and provide digital forms and templates for
public access.
Specifically . . . In addition to providing digital forms
and templates for district casework, the House should implement
a comprehensive secure document management system for sharing
sensitive information, such as payroll, constituent casework,
and staff onboarding. Such a system will prevent personal
information from being shared via email. All offices should
also have a digital checkoff on privacy release forms allowing
them to seamlessly transfer constituent cases to their
successors.
(6) Recommendation: The House should prioritize the
approval of platforms that staff need for effective telework,
and each individual staff member should have licensed access to
the approved technology.
Specifically . . . HIR and OTA should prioritize software
licenses and updates reflective of congressional needs. In
order to save taxpayer dollars, the House should consider bulk
purchases of software licenses. HIR and the OTA should also
evaluate hardware updates to facilitate software improvements;
this could take the form of an ``approved hardware catalogue''
that advises offices on which machines to buy.
(7) Recommendation: Committees should establish telework
policies on a bipartisan basis.
Specifically . . . Committees should establish bipartisan
telework policies that detail how information will be recorded,
stored, and shared electronically with the public. Committees
should be given flexibility to customize bipartisan plans that
work for their Members. These plans should also include an
outline for external communication with federal agencies so
that committees are prepared to hold agencies in their
jurisdiction accountable during telework periods.
(8) Recommendation: The House should make permanent the
option to electronically submit committee reports.
Specifically . . . While committees would not be required
to submit reports electronically, all committees should have
the option to do so, regardless of whether the committee is
teleworking or working in person.
(9) Recommendation: Expand the use of digital signatures
for a majority of House business, including constituent
communications.
Specifically . . . A prior recommendation by the Select
Committee permitted the use of digital signatures to add or
remove a Member's name as a bill cosponsor. This technology
should be expanded to allow digital signatures on a greater
variety of documents, including (but not limited to) signatures
on official letters to administrative officials, document
requests, and constituent communications. Additionally, the
House should support the Committee on House Administration's
efforts to create a centralized website for the online
submission and acceptance of digital signatures. Members should
designate a staff member to add or remove Member digital
signatures.
(10) Recommendation: Committees should develop bipartisan
plans on how technology and innovative platforms can be best
incorporated into daily work.
Specifically . . . Committee technology plans could include
the use of tablets for markups, in-person electronic voting
systems, and upgrades that allow Members to plug in their own
devices at the dais.
Additionally, once initial infrastructure and security
needs are understood, the House as a whole should consider
allowing Members to use personal tablets for their committee
work.
(11) Recommendation: A bipartisan, bicameral task force
should identify lessons learned during the COVID-19 pandemic
and recommend continuity of Congress improvements.
Specifically . . . The task force should outline what
future congresses can learn from the congressional response to
the COVID-19 pandemic. When making recommendations, the task
force should consider how other legislatures (such as state
legislatures and foreign governments) responded to the COVID-19
pandemic and extended telework periods.
(12) Recommendation: Continuity, telework and cybersecurity
training should be given to all new Members of Congress.
Specifically . . . New Members need to be prepared to
operate in an extended telework environment. As part of this
preparation, they need the cybersecurity training previously
recommended by the Select Committee, focused on risk awareness
when teleworking.
V. COMMITTEE CONSIDERATION AND VOTES
Consideration
On July 31, 2020, the Select Committee held a Business
Meeting, a quorum being present, and reported favorably the
recommendations herein contained in this report.
Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on these recommendations. The recommendations herein
contained in this report were adopted by voice vote, two-thirds
being in the affirmative. A motion by Chair Derek Kilmer of
Washington to report these recommendations to the House of
Representatives was adopted by voice vote, two-thirds being in
the affirmative.
[all]