[House Report 116-560]
[From the U.S. Government Publishing Office]


                                                 Union Calendar No. 458
 116th Congress    }                                      {      Report
                         HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     116-560
_______________________________________________________________________

                                     


                       RECOMMENDATIONS TO IMPROVE

                        CONTINUITY OF GOVERNMENT

                      AND CONGRESSIONAL OPERATIONS

                               __________

                              R E P O R T

                               __________

                      THE SELECT COMMITTEE ON THE

                       MODERNIZATION OF CONGRESS

                     U.S. HOUSE OF REPRESENTATIVES

                               __________










[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]







                               

October 16, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed 
              
              
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                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
19-006                   WASHINGTON : 2020
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
              
           SELECT COMMITTEE ON THE MODERNIZATION OF CONGRESS

                    DEREK KILMER, Washington, Chair
ZOE LOFGREN, California              TOM GRAVES, Georgia, Vice Chair
EMANUEL 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

                                 ------                                

                            Committee Staff

                      Allie Neill, Staff Director
                   Jake Olson, Deputy Staff Director 
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                         LETTER OF TRANSMITTAL

                              ----------                              

                          House of Representatives,
         Select Committee on the Modernization of Congress,
                                  Washington, DC, October 14, 2020.
Hon. Cheryl L. Johnson,
Clerk, House of Representatives,
Washington, DC.
    Dear Ms. Johnson: I present herewith a report entitled, 
``Recommendations to Improve Continuity of Government and 
Congressional Operations.''
            Sincerely,
                                              Derek Kilmer,
                                                             Chair. 
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                                                             
                            C O N T E N T S

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                            October 16, 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
























                                                Union Calendar No. 458
116th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     116-560

======================================================================



 
 RECOMMENDATIONS TO IMPROVE CONTINUITY OF GOVERNMENT AND CONGRESSIONAL 
                               OPERATIONS

                                _______
                                

October 16, 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]