[House Prints, 117th Congress]
[From the U.S. Government Publishing Office]
[COMMITTEE PRINT]
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117th Congress } { C.P. 117-3
HOUSE OF REPRESENTATIVES
2d Session } {
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RECOMMENDATIONS TO STRENGTHEN CONGRESSIONAL OVERSIGHT CAPACITY, IMPROVE
DISTRICT OPERATIONS, MODERNIZE CONGRESSIONAL OFFICE OPERATIONS,
MODERNIZE THE LEGISLATIVE PROCESS, AND EXAMINE CONGRESSIONAL CONTINUITY
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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(S) NOT AVAILABLE IN TIFF FORMAT]
September 1, 2022.--Ordered to be printed
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U.S. GOVERNMENT PUBLISHING OFFICE
48-300 WASHINGTON : 2022
SELECT COMMITTEE ON THE MODERNIZATION OF CONGRESS
DEREK KILMER, Washington, Chair
ZOE LOFGREN, California WILLIAM TIMMONS, South Carolina,
EMANUEL CLEAVER, Missouri Vice Chair
ED PERLMUTTER, Colorado BOB LATTA, Ohio
DEAN PHILLIPS, Minnesota RODNEY DAVIS, Illinois
NIKEMA WILLIAMS, Georgia DAVE JOYCE, Ohio
GUY RESCHENTHALER, Pennsylvania
BETH VAN DUYNE, Texas
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Committee Staff
Yuri Beckelman, Staff Director
Derek Harley, Republican Staff Director
C O N T E N T S
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September 1, 2022
Page
I. PURPOSE AND SUMMARY...............................................1
II. BACKGROUND AND NEED FOR RECOMMENDATIONS...........................1
III.HEARINGS..........................................................6
IV. RECOMMENDATIONS...................................................7
V. COMMITTEE CONSIDERATIONS AND VOTES...............................17
VI. APPENDIX.........................................................18
117th Congress } { C.P. 117-3
HOUSE OF REPRESENTATIVES
2d Session } {
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RECOMMENDATIONS TO STRENGTHEN CONGRESSIONAL OVERSIGHT CAPACITY, IMPROVE
DISTRICT OPERATIONS, MODERNIZE CONGRESSIONAL OFFICE OPERATIONS,
MODERNIZE THE LEGISLATIVE PROCESS, AND EXAMINE CONGRESSIONAL CONTINUITY
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September 1, 2022.--Ordered to be printed
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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
(Select Committee or Committee) 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. During the 116th
Congress, the Select Committee passed 97 recommendations to
make Congress a more efficient and effective institution. These
recommendations addressed many issues within the Select
Committee's jurisdiction and were detailed in the Committee's
Final Report for the 116th Congress (H. Rept. 116-562).
On July 29th, 2021, the Select Committee met and issued its
sixth set of recommendations focused on increasing staff
capacity, diversity, and inclusion, and expanding accessibility
to Congress for staff as well as the public. On December 8,
2021, the Select Committee met and issued its seventh set of
recommendations focused on enhancing civility and
collaboration, bolstering the effectiveness of the
congressional support agencies, and promoting the collection
and use of impartial data and analysis in the policymaking
process.
The Select Committee met on July 19, 2022, to pass its
eighth package of recommendations. The recommendations broadly
focus on congressional oversight capacity, district operations,
congressional office operations, the legislative process, and
congressional continuity. The recommendations address issues
the Select Committee took up in public hearings, member
meetings, and discussions with stakeholders.
II. BACKGROUND AND NEED FOR RECOMMENDATIONS
Strengthening congressional oversight capacity, improving
district operations, modernizing congressional office
operations, modernizing the legislative process, and examining
congressional continuity will improve the way Congress works on
behalf of the American people. The Select Committee identified
the following specific issues to be addressed with
recommendations:
1. According to testimony received by the committee,
``since 2015, the Levin Center, POGO, and the Lugar
Center have held regular bipartisan training sessions
for congressional staff called `Oversight Boot
Camps'.'' These two-day training ``boot camps'' are
well received and popular but are offered outside the
House and slots are limited. Oversight training is not
currently offered by the Congressional Staff Academy
(CSA), though CSA's vision is to eventually offer those
services through their coaching program. However, CSA
coaches may not have the technical expertise to fully
explore best practices for extracting information and
data via oversight.
2. There are a range of commercial ``e-discovery''
systems available and they are widely used in the
private sector, however the systems are expensive, have
varying capabilities, and may require extensive
training and technical support. Committees that wish to
obtain the software can do so using committee funds,
but cost can be a deterrence to purchasing software
with the greatest capabilities, or to purchasing any
software at all. Without this software, document review
and management can be a time-consuming and staff
intensive process.
3. Until a recent pilot program was launched by the
Chief Administrative Officer (CAO), district offices
had been prohibited from establishing Wi-Fi due to
network security concerns. Lack of Wi-Fi in district
offices limits staff productivity and the ability to
effectively work with constituents. Not having Wi-Fi
can make it more difficult for staff to process various
constituent service requests and to take meetings away
from their desks, which is especially important when
privacy is needed.
4. Setting up a district office requires coordinating
with various entities inside the House, as well as
outside entities and vendors. Knowing whom to contact
on which issue can be a confusing and time-consuming
process, particularly for a new district director or
other designated aide who may not be familiar with the
various responsibilities of internal House offices.
This can leave offices frustrated and bogged down with
having to coordinate multiple steps between different
internal offices to stand up an office, while also
having to make early staffing decisions, manage
casework, and handle other representational duties.
5. The Committee's recommendation #11 suggested
allowing newly-elected members to hire and pay one
transition staff member. In turn, the FY2021
Legislative Branch Appropriations bill for the first
time implemented a process for incoming offices to
designate and pay a transition staffer to assist the
member during the transition process. Most members
elected in the 117th Congress used the new transition
staff program, and feedback has been positive. However,
only a few of those transition staffers went on to
serve as district staffers. According to the CAO, many
district directors are chosen weeks or months after a
member takes office, leaving the CAO to interact with
numerous points of contact as the office is being set
up, making the set-up process more difficult for
everyone involved.
6. Formal opportunities for district staff to share
information and best practices on district office
operations and services are relatively limited. As a
result, district staff typically rely on informal
networks across various offices to share information.
While useful, these more informal, sometimes regional
or delegation-based networks do not provide the same
level or breadth of information sharing between
district staff as a more formalized process could.
7. Unlike a member's D.C. office, district offices
often take longer to be fully operational when a
member-elect takes office, or soon after. District
offices often take a few months to be fully operational
with full internet service and security. The CAO
provides members with early entry addendums for
district office leases, which authorize a member to
access office space prior to their swearing-in, but
there is no authority for the member to incur expenses.
To get an office up and running, expenses like internal
wiring may be necessary for secure internet access.
8. To do their jobs effectively, casework teams need
up-to-date contact information for each agency's
regional office. While more experienced caseworkers may
have their own lists of useful agency contacts for
specific casework inquiries, that information could be
lost in the transition process or not passed along to
an incoming member and their staff. Having to track
this information down and keep it current makes it more
difficult for district offices to effectively and
efficiently serve their constituents and get answers
from agencies. Additionally, federal agencies may have
varying policies on the information they require
through privacy release forms (PRFs), and whether they
accept digital PRFs.
9. Natural disasters can prompt dramatic increases in
casework volume and phone calls to district offices.
Under current law, offices are limited to 18 full time
employees and 4 ``additional'' employees (part-time,
interns, temporary, or shared employees). Offices that
are fully utilizing these staff allotments or that may
be close to this staff ``cap,'' may be unable to
temporarily add new employees to respond to increased
casework and other demands resulting from a disaster.
Disaster response can require specialized skills and a
knowledge of federal disaster programs and processes
which many offices may lack.
10. The value of certain benefit changes,
professional development opportunities, and other staff
resources being discussed by the House Taskforce on the
Workforce (Task Force) to improve retention may be
different for staff located in the district than those
located in D.C.
11. There is confusion regarding what information
member offices can share with constituents about
private community organizations and resources. There is
also confusion over what can be shared from government
sources, including whether information shared is
limited to federal agencies, programs receiving federal
funding (regardless of whether they are being
administered by the federal government), or government
sources at any level. Given the uncertainty about what
may be allowed many offices default to only sharing
strictly federal information with constituents to avoid
any potential ethics or rules issues or concerns. This
limits an offices' ability to assist constituents who
could, where appropriate, potentially be directed to
helpful information, resources, and services provided
by states and non-governmental organizations.
12. Under the existing interpretation of House Rule
XXIV (Rule 24), member offices cannot ``cosponsor'' an
event designed to provide information and/or other
resources to constituents with an outside entity. An
event must either be a House-sponsored event, with an
outside entity invited to participate, or vice versa.
Thus, while offices technically can work in an informal
way with an outside entity on a local constituent
services event under current House rules, they must be
careful about following ethics rules to ensure the
planning, advertising, and execution of the event do
not constitute a sharing of resources. Anecdotally, and
based on testimony, a perceived lack of clarity and
flexibility in the rules may cause offices to simply
``shy away from'' these events altogether. A witness at
the Committee's hearing on improving district office
operations testified that, ``[e]vents throughout the
district pose problems when working with other
entities. Often, it is found that state and federal
agencies have their own set of guidelines and
practices. We frequently shy away from participating in
events due to differing ethics rules. Clearer guidance
regarding ethical practices for these events would be
helpful.'' For those offices that choose to find a way
to work with outside groups, the current interpretation
of House rules creates a cumbersome process and a
potentially ethically nebulous situation where an
inadvertent mistake or slip-up could easily occur in
organizing and planning what is otherwise a good-faith
effort, in partnership with a helpful and relevant
outside organization, to provide services and/or
information to constituents, for example, job fairs or
tax preparation seminars.
13. Constituents currently do not have control over
data and records related to casework that is managed by
their representative. House Rule VII, clause 6(b),
defines records generated by the office of a member to
be exclusively the property of the individual member.
As property of a member, casework information may be
transferred or withheld, based on the member's decision
about the disposition of constituent information, when
that member departs from office without consideration
for a constituent's preference. If a constituent's case
and related information are not transferred, the case
could be interrupted, resulting in a delayed
resolution.
14. Technology solutions for improving basic district
office services such as PRFs for casework and service
academy applications are limited, expensive, and
provide inadequate functionality and protections for
constituent private identifiable information.
15. The Capitol complex is difficult to navigate for
visitors, members, and staff alike.
16. The full extent to which House employees will
continue to utilize teleworking and virtual meetings is
unknown. The House needs more information about its
workforce to plan for physical space.
17. There is currently no physical display of public
hearings and events in House office buildings. Most
visitors don't know how to access information about
public events taking place in the House, which limits
their ability to witness their government in-person.
18. There are numerous rooms controlled by various
offices but there is no master plan for ensuring space
is being used to its maximum efficiency. If House space
is not utilized efficiently, rooms that could otherwise
be used sit empty. Lack of usable space also results in
offices holding rooms they may not need, which
exacerbates the problem.
19. There is no space designated as drop-in space for
meetings or for staff to collaborate. Hallways or House
cafeterias, which have limited seating and
functionality, are currently used when staff need to
meet with constituents outside the office.
20. The process for reserving space is disjointed and
confusing. Staff waste time trying to navigate the
process for tracking down and securing space for a
meeting or event. The main portal of reservable rooms
includes only those made available by the CAO, which is
a subset of all the spaces available.
21. There is lack of common understanding between the
Architect of the Capitol (AOC) and House members on the
procedures or limitations that should be considered for
new capital improvements. This limits members' ability
to participate in the process of determining what shape
new improvements will take.
22. Members and staff have little visibility into
ongoing construction projects and have few
opportunities to provide feedback on how it impacts
their work.
23. The current process for designing interior member
office space often focuses on maximizing the number of
desks rather than on enhancing productivity. Most
members don't have experience in office design and are
not shown examples that make full use of modern design
and function concepts, which could result in poor space
utilization.
24. Most committee hearing rooms are not conducive to
an alternative seating arrangement for hearings such as
roundtable style. In addition, select committees
sometimes struggle to find available space for their
hearings.
25. The current bill referral process is paper-based,
and committees track bill referrals and progress on
their own. This manual, opaque process is time-
consuming and can result in errors and inefficiencies
in tracking a bill's progress through committee.
26. Until recently, Staff at or near the staff pay
cap were unable to utilize the Student Loan Repayment
Program (SLRP), which could limit the House's ability
to retain staff.
27. The process for collecting bill cosponsors is
manual and prone to error. Members and staff frequently
use a combination of the e-Dear Colleague system and
email to manage their lists of cosponsors. This can
result in members being mistakenly left off bills or
members erroneously being added to bills as cosponsors.
28. In the legislative drafting process, members and
staff pass static documents back and forth with the
House Office of Legislative Counsel (HOLC). This can
create confusion and cause suggested changes to be lost
or misinterpreted.
29. The House instituted several reforms after the
attacks of September 11th, 2001, to address continuity
issues and ensure continued representation and
operations in the event of a crisis. However, these
issues have not been rigorously examined since the mid-
2000s. New threats and challenges, including those
presented during the COVID-19 pandemic, suggest the
need for a fresh look.
III. HEARINGS
The Select Committee has continued to use its unique
roundtable format to conduct its formal hearings. The hearings
included:
``Article One: Strengthening Congressional
Oversight Capacity,'' on November 4, 2021.
The Select Committee received testimony from:
Elise Bean, Washington Director,
Levin Center at Wayne State University Law
School
Dr. Josh Chafetz, Professor,
Georgetown University Law School
Anne Tindall, Counsel, Protect
Democracy
``Congress Back Home: Modernizing District
Office Operations,'' on February 16, 2022.
The Select Committee received testimony from:
George Hadijski, Director of
Congressional Programming, Congressional
Management Foundation
Danielle Radovich Piper, Chief
of Staff, Rep. Ed Perlmutter
Sarah Youngdahl, District
Director, Rep. Guy Reschenthaler
``Innovative Workplaces, Historic Spaces:
Modernizing House Office Buildings,'' on March 17,
2022. The Select Committee received testimony from:
J. Brett Blanton, Architect of
the Capitol
Katie Irwin, American Institute
of Architects
James Ossman, Vice President,
Workplace & Strategic Sourcing, Etsy
Patrick Wand, Senior Manager,
Mall of America
``Congressional Continuity: Ensuring the
First Branch is Prepared in Times of Crisis,'' on April
6, 2022. The Select Committee received testimony from:
Brian Baird, Continuity of
Government Commission, American Enterprise
Institute
Mike Bishop, Continuity of
Government Commission, American Enterprise
Institute
Arthur B. Culvahouse, Continuity
of Government Commission, American Enterprise
Institute
Donna Shalala, Continuity of
Government Commission, American Enterprise
Institute
Doug Lewis, Former Executive
Director of The Election Center
George Rogers, Former General
Counsel, Committee on Rules
``Turning An Idea into Law: Modernizing the
Legislative Process,'' on April 28, 2022.
The Select Committee received testimony from:
Hugh Halpern, Director,
Government Publishing Office (GPO)
Kevin McCumber, Deputy Clerk,
U.S. House of Representatives
Noah Wofsy, Deputy Legislative
Counsel, U.S. House of Representatives
IV. RECOMMENDATIONS
The Select Committee made the following 29 recommendations
to address the problems identified above, adding to the
Committee's 142 prior recommendations made since the beginning
of the 116th Congress (see II. BACKGROUND AND NEED FOR
RECOMMENDATIONS):
Strengthening Congressional Oversight Capacity
(1) Recommendation: The House should offer and
support optional programs for members and staff to
learn best-practices for conducting bipartisan, fact-
based oversight.
Specifically . . . The goal of improving oversight
knowledge, skills, and best practices in the House can be met
in part by utilizing and drawing on the existing expertise of
the Government Accountability Office (GAO) and tasking them
with providing optional oversight training workshops, including
through partnerships with the Congressional Staff Academy (CSA)
and the Congressional Member Leadership Development Program
(CLDP). GAO has staff experienced in the technical aspects of
conducting fact-based investigations and oversight activities
and is a natural fit for oversight knowledge sharing. GAO
currently provides congressional staff training in other areas
through CSA and has expressed interest in expanding beyond
those current training offerings. GAO is well positioned to
both partner with CSA and CLDP to support bipartisan oversight
workshops on-demand or on a recurring basis to meet staff and
member needs.
(2) Recommendation: The CAO should assist committees
in obtaining and utilizing effective, industry standard
``e-discovery'' software to improve document review and
processing capabilities.
Specifically . . . The House, through the CAO's procurement
office, could help broaden the access and use of document
review software for all committees by setting up a process to
compare the options for procuring an effective discovery and
document management software system, negotiate a House-wide
price for each option, negotiate a training component as part
of each package, and/or help committees evaluate, purchase, and
use the software. A witness at the Committee's hearing on
strengthening oversight capacity testified to that ``conducting
congressional investigations often involves collecting and
reviewing a large volume of documents and using them in
hearings and reports. Reviewing, analyzing, and organizing
those documents is made much easier by using sophisticated
discovery and document management software.''
Improve District Operations
(3) Recommendation: The CAO should provide every
district office with access to secure Wi-Fi.
Specifically . . . In consultation with the Committee,
House Information Resources (HIR) is currently piloting a
secure district Wi-Fi program. HIR has plans to expand Wi-Fi
capability to all flagship district offices over the next
couple of years. This recommendation reflects the work of the
Committee's partnership with HIR and encourages the CAO to
continue moving forward with their plan to provide Wi-Fi to all
district offices.
(4) Recommendation: The CAO should designate a single
point of contact for each office to streamline the
process for setting up district office operations.
Specifically . . . A single point of contact should help
offices navigate the various steps required to get a district
office up and running, including telecommunications services,
internet, Wi-Fi, leases, and procuring equipment, furniture,
and other supplies. Customer Advocates should serve as this
single point of contact and coordinate across internal House
offices, including HIR, House Sergeant at Arms (HSAA),
Administrative Counsel, and others, as well as with outside
entities, including the General Services Administration (GSA)
and vendors. Rather than simply directing district staff to
another service provider, Customer Advocates should actively
coordinate those services on the office's behalf and help
problem-solve during the setup process. The Customer Advocate
program is relatively new and while there may not be enough
staff available to fill these point-of-contact roles initially,
the CAO could train other staff on the setup process and the
various inter-office touchpoints and be able to provide a
temporary surge of knowledgeable employees to ensure enough
resources are available to provide each office with a single
point of contact during office setup.
(5) Recommendation: The House should provide members-
elect with a second paid transition aide who can focus
on setting up district operations.
Specifically . . . As recommended by the Committee, the
FY2021 Legislative Branch Appropriations bill established a
program for incoming offices to designate and pay a transition
aide to assist the member during the transition process. This
new recommendation calls for the creation of a second optional
paid transition aide focused on district office setup. A
district-focused aide could work with the office's Customer
Advocate to ensure the district office is set up more
efficiently. The district-focused aide could also help offices
understand the range of programs and services available to
constituents, including traditional constituent casework as
well as programs like the Vietnam Pinning Program and
Congressional Art and App competitions. Funds for the second
paid transition aide could be reimbursed by the incoming
member's representational allowance (MRA).
(6) Recommendation: The CAO should facilitate
opportunities for staff that work directly with
constituents to connect and share best practices.
Specifically . . . CAO should continue innovating to find
opportunities for district staff as well as other constituent-
facing staff (for example, staff assistants and legislative
correspondents) to collaborate and share best practices. Such
opportunities might include in-person and virtual training and
networking opportunities. There could also be opportunities to
build more online shared resources including best practices on
casework, conducting effective townhalls, and similar district-
focused activities. The CAO has held conferences that have
emphasized staff skills, training and networking, as well as
accessing CAO, House officer, and federal agency support. The
Congressional Staff Academy and CAO Coach program should
continue to bring district staff together for virtual seminars
and should provide time for staff to share information with
each other. The CAO should archive case studies for innovative
processes in district offices so information may be retained
and shared. The new CAO Coach website is a helpful repository
for staff and has links for caseworkers, district directors,
and field representatives. This website and repository may be
enhanced to provide staff with an ability to share and sort
resources, ask questions, contribute to an open discussion, and
see and connect with other participants. Better information
sharing could help staff better anticipate and address casework
challenges or agency backlogs and adopt and innovate process
improvements in casework and elsewhere based on what may be
working well in other offices.
(7) Recommendation: The House, where feasible, should
expand existing authorities to expedite the process for
members-elect to access district office space and begin
office set up.
Specifically . . . To facilitate district office setup, the
CAO should be authorized and instructed to evaluate its
existing authorities, and where feasible, authorities should be
expanded to allow members-elect, once the election is
certified, to obtain access to district office space, incur
expenses, and take other steps necessary to expedite office
setup so member offices can be fully operational as soon as
possible after assuming office. Incurring expenses may be
necessary for internal wiring for secure internet and phones,
securing furniture and equipment, and adding security upgrades.
(8) Recommendation: The Congressional Research
Service (CRS) should provide regularly updated and
complete information on local agency casework contacts
and agency digital privacy release form policies.
Specifically . . . CRS should assist district offices by
maintaining and providing an up-to-date list of localized or
regional agency contact information for district staff to
easily access and use in handling casework, including a list of
the local field offices within each agency's region along with
relevant contact names, phone numbers, and email addresses. CRS
should also assist district offices by compiling a report on
the policies of different federal agencies regarding PRFs,
including whether specific information may be required by a
particular agency and whether the agency accepts digitally
signed PRFs. The CASES Act (P.L. 116-50) requires federal
agencies to accept digital privacy release forms and agencies
have been directed to standardize their forms but the Committee
understands that variance among agencies still exists.
(9) Recommendation: The House should provide
resources and staffing flexibility to district offices
responding to a federally declared disaster.
Specifically . . . The House should further explore and
adopt one or more of the following options, as presented in
CAO's December 2021 report, ``The Member Staff Cap: Options for
Additional Staff Capacity in Response to Natural Disasters'',
for increasing both short and longer-term staffing capacity in
districts affected by a natural disaster: (1) authorize
temporary increases in the staff cap for member offices
impacted by a disaster, potentially for both permanent and non-
permanent staff; (2) create an FTE pool of resources to be
assigned to members (the FTEs could be covered by a central
account administered by the CAO, and these billets could then
be assigned to the member for the duration of the event); and
(3) make use of contractors employed by CAO or amend statute to
allow for the use of independent contractors. The House could
also establish a ``Disaster Response Staff Reserve Fund'' to
cover additional staff costs, including travel, for impacted
districts.
(10) Recommendation: The House Task Force on the
Workforce should examine the benefits, professional
development opportunities, and other resources, that
will improve district staff retention and recommend
updates.
Specifically . . . The Task Force, as part of their ongoing
analysis on retention of House staff, should consider options
specifically for retaining district staff. In testimony and in
staff listening sessions, district staff presented examples
where benefits such as parking, childcare, and fitness
memberships may not align between D.C. and district offices.
Rather than provide parity, the Task Force should consider the
best benefits and policies for retaining district staff who may
have different needs than D.C.-based staff.
(11) Recommendation: The House should update and
provide clear ethics guidelines to allow district
offices to direct constituents to appropriate community
organizations, resources, and services.
Specifically . . . The Committee on House Administration
(CHA), Committee on Ethics, and House Communications Standards
Commission should jointly update or clarify the rules regarding
which resources can be shared with constituents using official
resources. These committees should produce a guide on when and
how offices can direct constituents to non-federally
administrated resources, with concrete examples, that could be
updated to reflect changing needs as they emerge. These
committees should consider the merits of, if necessary,
reforming rules to allow offices to provide information
regarding community organizations that might be helpful in
providing their constituents information, resources, or
services. The Members' Congressional Handbook (Handbook) states
that ``Official resources may not be used to advertise for any
private individual, firm, charity, or corporation, or imply in
any manner that the government endorses or favors any specific
commercial product, commodity, or service.'' This prohibition
stems from principles of federal appropriations law. Moreover,
referrals to organizations or links to sites whose primary
purpose is the solicitation of goods, funds, or services on
behalf of individuals or organizations are not permitted under
the rules of the House.
(12) Recommendation: The House should provide
flexibility within House Rule 24 to allow district
offices to cosponsor constituent service events with
non-governmental organizations to provide information
and other resources to constituents.
Specifically . . . The rules governing partnering with
outside organizations derive from House Rule 24, the
prohibition on ``unofficial office accounts.'' In essence, the
rule is designed to prevent private supplementation of expenses
incurred in connection with the operation of a member's office
and the conduct of official business. Specific Ethics Committee
guidance provides, ``[a]ccordingly, outside private donations,
funds, or in-kind goods or services may not be used to support
the activities of, or pay the expenses of, a congressional
office.''
The Senate has a similar prohibition on ``unofficial office
accounts,'' found in Senate Rule XXXVIII (Rule 38). However,
the Senate has interpreted Rule 38 in a way that provides
additional flexibility for ``co-sponsored constituent service
events.'' As the name implies, this interpretation allows
Senate offices to cosponsor events with outside entities where
the purpose is to ``provide information or some other service
to constituents.'' The event ``may not simply be a gathering of
representatives of those sponsoring the event.'' Further, the
cosponsor must have a ``common core of interest'' in the
subject matter of the event by virtue of their ``routine
business activities,'' must attend, and cannot be a ``mere
financial contributor.''
The Handbook likewise prohibits use of the MRA for
``unofficial office accounts''. The Handbook reads: ``A Member
may not maintain, or have maintained for his use, an unofficial
office account for the purpose of defraying or reimbursing
ordinary and necessary expenses incurred in support of a
member's official and representational duties.'' This language
is consistent with House Rule 24. The Handbook governs the
proper use of official resources (31 U.S.C. 1301). Both the
Ethics Manual and the Handbook would need to be updated to
align House and Senate policy for cosponsored constituent
events. A more flexible interpretation or limited exception to
House Rule 24 that mirrors the Senate's co-sponsored
constituent service exception, including relevant guardrails,
could provide more certainty to staff and offices and make it
easier to partner with local organizations to provide
constituents valuable information and other resources.
(13) Recommendation: The House should ensure that
constituent data and records related to casework are
maintained, transferred, or destroyed according to a
constituent's preferences.
Specifically . . . Although implementation would be
challenging, this recommendation seeks to ensure certain
information related to casework takes into consideration the
constituent's preferences regarding the information's control
and management. Information under control of the constituent
should be for active cases and the information should be
limited to information related to casework provided by the
constituent to the office, agency correspondence with the
office, and correspondence from the office to the constituent.
This information, at the direction of the constituent, could be
transferred or closed when the member departs the House or
otherwise no longer represents the constituent.
(14) Recommendation: The CAO should develop or
provide optional in-house technology solutions to
district offices to improve casework and other
services.
Specifically . . . HIR and the new House Digital Service
could examine the feasibility of building or adopting certain
technology resources in-house or working with offices to
evaluate offerings from vendors. In testimony, staff witnesses
testified to the importance and helpfulness of technology
solutions such as digital privacy release forms and an
automated process for managing service academy applications.
Many offices use private vendors for these technology
solutions. At the start of the 117th Congress, CAO ensured that
freshman websites were outfitted with the House-developed
digital privacy release form templates.
Modernizing Congressional Office Operations
(15) Recommendation: To improve wayfinding, the House
should consult with internal and external experts to
assess and implement navigation improvements necessary
to make it easier for visitors to find their way around
the Capitol campus.
Specifically . . . The House should take the necessary
steps to identify the challenges visitors and staff have
navigating highly trafficked areas and solicit input for
solutions. The AOC should consult with internal and external
experts when implementing navigation improvements.
Subsequently, the AOC or appropriate entity, in consultation
with the HSAA and Capitol Police, should consult with a
wayfinding expert to review and update current directional
signage. Potential improvements could include, for example,
interactive displays with directions, color-coded walkways, and
signage that lists a full suite of amenities included within
the building. It could also include clearer directions to the
most highly trafficked areas, for example, the Longworth
Cafeteria. Any wayfinding upgrades must account for member and
staff security as well as emergency response capabilities.
(16) Recommendation: The House should regularly
survey House employees to assess plans for telework and
use of office space.
Specifically . . . To assess the future of work on Capitol
Hill, including the nature of remote work, the House should
regularly survey members, staff, and House support offices to
understand how they intend to use space. The survey should
explore how AOC, CAO, and other House offices plan to utilize
telework in the future to understand how office space will be
used. This survey could result in reclamation of space that
would otherwise be underutilized due to an increase in remote
work. This would not have to be a new survey but could be an
expansion of the `flexible work arrangement' questions asked in
the compensation and diversity survey, although that survey is
currently conducted only once per Congress. A monthly or
quarterly review could result in improved space utilization and
planning for hoteling, plug and play, and other space sharing
techniques to include in design and construction efforts.
(17) Recommendation: The House should provide digital
signage displaying information about current public
hearings and events.
Specifically . . . Digital displays at the main entrances
of House office buildings, or places that are heavily
trafficked by the public, would provide visitors with
information about public events or hearings they can attend.
Displays could also be placed outside of committee rooms. In
developing digital displays, security, IT, and data management
should be considered. The HSAA and Capitol Police should
provide input on potential security risks.
(18) Recommendation: The House should study the use
of its physical space to understand how it is used, who
controls access to various spaces, and how it is
managed in the House and the Capitol.
Specifically . . . There is a lack of understanding about
how much space is currently underutilized. Many of the rooms in
the House and Capitol Visitor Center (CVC) are controlled by
various entities (usually leadership or AOC), but there doesn't
seem to be a broad understanding of who controls which rooms,
room utilization rates, and room reservation systems. Working
with the House Office Building Commission, the AOC should
develop metrics to understand the extent to which rooms are
underutilized. The study should consider use of designated
drop-in meeting space that does not require a reservation. The
study should also consider using outdoor space as meeting
space. Security and the element of unpredictability associated
with involving external elements must be considered.
(19) Recommendation: The House should establish and
designate shared meeting spaces that members and staff
can use on a drop-in basis and not require
reservations.
Specifically . . . The impromptu meeting spaces, which
would generally not be reservable, should be identified by the
House Office Building Commission. Limited-duration reservations
may also be used. As an example, GSA's national office includes
drop-in and touch-down collaboration and meeting spaces.
(20) Recommendation: The House should develop an app
and expand the current web portal to include all
reservable space in the Capitol and House Office
Buildings.
Specifically . . . As informed by the survey of existing
space, there should be one portal and an app available only on
House devices that includes all the reservable meeting space
available in the Capitol and House Office Buildings. For
leadership and committee rooms that are reservable, permission
to occupy the space would remain with House leadership and
committees. The app should allow staff to reserve space and
check in to their meetings. A check-in system should be used to
ensure space is not reserved and then unused. For example, if
the reservation owner does not check in within a specified
period, a notification would be sent, and the space would
become available again. GSA utilizes a central on-line app for
staff to reserve rooms by type, size, and amenities
(conference, office, meeting, collaboration, workstations,
phone, white boards, screens, etc.) ahead of time and for a
limited duration. In developing the app, security, IT, and data
management requirements should be considered.
(21) Recommendation: AOC and CHA should jointly
establish procedures to ensure new construction
projects are modern, functional, and meet the needs of
members and constituents.
Specifically . . . There should be a process in place for
reassessment of plans closer to the construction date to ensure
plans are as modern as possible before construction begins. The
AOC should solicit input from members and use architect and
engineering projects to shorten the timeline so that plans are
not out of date with current practices and technology by the
time they are implemented. The AOC should explore the need and
feasibility of adding architect and engineering and contracting
staff. The CHA and AOC should identify a process for
determining when to build or purchase additional buildings to
expand the complex to meet capacity needs and for funding and
approving the projects.
(22) Recommendation: AOC and CHA should jointly
establish procedures to demonstrate projects underway
are modern, functional, and meet the needs of members
and constituents.
Specifically . . . Once a project has broken ground, the
AOC, in consultation with the Office of the Chief Engineer,
should be in continuous contact with members to reassess and
course correct if necessary to ensure projects are as modern,
functional, and cost-effective as possible. Modernization
projects should ensure buildings remain accessible to the
American people, ensure space is designed to be hybrid or
multipurpose whenever possible, and employ the best technology
to support these goals while being mindful of taxpayer dollars.
These principles should be outlined in regular updates to
members and staff.
(23) Recommendation: The CAO should provide a broad
menu of furniture options and templates for member
office space that considers modern and flexible design
and function concepts.
Specifically . . . The CAO currently provides a blank
blueprint of a member office and allows members and staff to
fill it in with furniture using computer-aided-design. The CAO
should find examples of House offices that are designed around
function and provide them as templates for setting up a new
office. For example, some offices could be designed for
collaboration and have a conference table or make use of the
member's office when they are in the district. Layout options
should include modern design practices that consider sound
attenuation, shared desk space, access to sunlight,
collaboration and meeting space as well as ensuring
accessibility. The CAO could also consider expanding offerings
for office furniture to accommodate both modern and traditional
styles and survey furniture options in the private sector and
at GSA. The CAO should explore obtaining or constructing
alternate types of office furniture for member offices and
committees that would facilitate more easily convertible and
comfortable office spaces. The CAO could offer in-office phone
booths to allow for private conversations within an office. The
Committee has test piloted an in-office phone booth with great
success.
(24) Recommendation: The House should identify and
develop a space that can be used to hold hearings with
alternative seating formats such as a roundtable-style.
Specifically . . . A space should be identified by the AOC
and the House Office Building Commission that is conducive to
holding hearings or meetings in nontraditional formats. The
Committee has been using a hollow-square format for hearings
and has found that having witnesses and members on the same
level and facing each other improves discussion and
collaboration. This flexible space could also be used by select
committees, task forces, caucuses, or other entities that do
not have access to designated hearing space.
Modernize the Legislative Process
(25) Recommendation: The House should establish a
system for bill referral to committees that automates
and tracks bill progress through the legislative
process.
Specifically . . . The internal system would allow GPO, the
Clerk, and committees to work off the same system and allow all
parties to easily track bills from introduction through the
committee process (hearings, markups, and reporting to the
floor). This system should eliminate the need for committee
staff to reenter information about a bill. Implementation of
this recommendation would likely require either the Clerk's
office or the newly formed House Digital Service to build a
digital tool.
(26) Recommendation: The House should exempt student
loan repayments from maximum compensation.
Specifically . . . Until very recently, payments received
under the Student Loan Repayment Program (SLRP) counted against
the maximum cap for staff compensation ($203,700 or $16,975 per
month) as set by the Speaker's Pay Order. The maximum amount
that can be received through the SLRP is $833 per month,
$10,000 per year, and $80,000 lifetime. Exempting SLRP payments
from the Speaker's Pay Order, provides additional flexibility
to managers in retaining experienced staff at or near the pay
cap. On June 23rd, 2022, around the time this Committee
recommendation was being vetted and considered but before it
was formally approved, the Committee on House Administration
implemented the recommendation by amending regulations to o
exclude student loan payments from the Speakers' Pay Order.
(27) Recommendation: The House should develop a
technology solution to allow greater automation of the
process for collecting and registering cosponsors.
Specifically . . . Through Quill, the House has an
efficient system for managing and tracking letters with digital
signatures. A similar process, potentially an additional
function within Quill, should be available for cosponsoring
legislation. Once cosponsors are collected, the information
should be transferred to the Clerk without the need to re-key
cosponsor names. The system should be built in a way that
includes built-in protections that could help guard against
improperly entered cosponsorships and mistakes; for example,
email confirmations to provide a trackable process and record.
If feasible, the application to accept cosponsors should be
mobile-friendly.
(28) Recommendation: The House should leverage
existing enterprise-wide applications and develop other
tools and solutions to better facilitate legislative
drafting between member, committee, and leadership
offices and the HOLC.
Specifically . . . The tool or solution should allow
members and staff to make tracked edits themselves which would
allow HOLC attorneys to view and understand the requested edit
more clearly. To retain accuracy, confidentiality, and version
control, HOLC should be the owner of this document and the only
party that is able to accept edits. The technology must be
constructed in a way that preserves and protects privilege,
confidentiality, and other unique requirements associated with
the drafting process.
Examining Congressional Continuity
(29) Recommendation: Congress should establish a
joint committee to review House and Senate rules and
other matters to ensure continuing representation and
congressional operations for the American people.
Specifically . . . The Committee received a great deal of
testimony from outside experts on this important topic,
including through the contributions of the Continuity of
Government Commission, other outside experts, and staff deeply
involved in deliberations over these issues and proposed
reforms after the attacks of September 11th. The issues are
incredibly important, but they are also incredibly complex and
while legitimate questions and issues were raised, it is beyond
the scope and expertise of this committee to make specific
recommendations. Rather, the issues could best be examined by a
joint committee, modeled after a prior proposal that was never
enacted, to ensure congressional continuity in the face of the
next, potentially unforeseen crisis, particularly considering
new threats and information since earlier reviews and reforms
were completed.
Specifically, in 2003, following on the work of a House
task force convened to study continuity issues in the House,
then-Rules Committee Chairman David Dreier, introduced a
bipartisan concurrent resolution (H. Con. Res. 190) to
establish a temporary joint (e.g. House and Senate) committee
to conduct a full study and review of the procedures which
should be adopted by the House, Senate, and Congress to (1)
ensure the continuity and authority of Congress during times of
crisis; (2) improve congressional procedures necessary for the
enactment of measures affecting homeland security during times
of crisis, and (3) enhance the ability of each chamber to
cooperate effectively with the other body on major and
consequential issues related to homeland security. The
concurrent resolution passed the House by voice vote, but it
was not taken up in the Senate. The proposed joint committee
was to be composed of 20 members, 10 from the House with 5
appointed by the Speaker, including the Chairman of the Rules
Committee who would serve as co-chairman for the joint
committee, and 5 from the minority party appointed by the
Speaker (after consultation with the Minority Leader).
This Committee recommendation calls for a similar joint
committee to be constituted, comprised only of members of
Congress. It should include members from the House
Administration, House Rules, and Senate Rules and
Administration committees. Members should be directly appointed
by designees of the majority and minority party. Importantly,
in recognition of the authority of each body over its own
rules, while the joint committee is designed in part to find
areas where the two chambers can cooperate where necessary to
ensure the continuity of representation and operations of
Congress as a whole, like the last joint committee that was
proposed previously, ``any recommendation with respect to the
rules and procedures of one House that only affects matters
related solely to that House [should]only be made and voted on
by members of the joint committee from that House.''
The Committee's recommendation #56 suggested establishment
of a bipartisan, bicameral task force to identify lessons
learned during the COVID-19 pandemic and recommend continuity
of Congress improvements. This recommendation replaces the
previous one by recommending a joint committee. The committee
could consider issues including, but not limited to, a process
for continuing operations should no member be left alive; a
process for reconstituting the House at the start of a new
Congress; the potential for the majority party changing based
on the timing of states completing special elections under
extraordinary circumstances.
V. COMMITTEE CONSIDERATION AND VOTES
Consideration
On July 19, 2022, 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.
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