Select Committee on the Modernization of Congress — Report No. 117-646, Union Calendar No. 465
Summary
House Report 117–646, Union Calendar No. 465, is the Final Report of the Select Committee on the Modernization of Congress for the 117th Congress, dated December 15, 2022, with a letter of transmittal from Chair Derek Kilmer. The contents list chapters on recruiting and retaining congressional staff, building a more civil and collaborative Congress, strengthening lawmaking and oversight capacity, modernizing the workplace and district offices, and the future of modernization. The opening letter from Chair Derek Kilmer and Vice Chair William Timmons states that the committee helped generate 202 recommendations and that 65% of recommendations from both congresses had been implemented at the time of writing.
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“Select Committee on the Modernization of Congress — Report No. 117-646, Union Calendar No. 465.”
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FINAL REPORT
SELECT COMMITTEE ON THE
MODERNIZATION
OF CONGRESS
CHAIR DEREK KILMER
VICE CHAIR WILLIAM TIMMONS
REPORT NO.117-646
UNION CALENDAR NO. 465
DECEMBER 2022
DECEMBER 15, 2022.—
Committed to the
Committee of the
Whole House on the
State of the Union and
ordered to be printed
LETTER OF TRANSMITTAL
----------
Select Committee on the Modernization of Congress,
House of Representatives,
Washington, DC,
December 15, 2022.
Hon. Cheryl L. Johnson,
Clerk, House of Representatives,
Washington, DC.
Dear Ms. Johnson:
I present herewith the Select Committee on the Modernization of Congress’ Final Report
for the 117th Congress.
Sincerely,
Derek Kilmer, Chair.
Contents
Chapter 1 – Introduction
1.1 – Opening Letter from Chair Derek Kilmer and Vice Chair William
Timmons
1.2 – Members of the Select Committee on the Modernization of Congress
1.3 – Recommendations Passed by the Select Committee on the
Modernization of Congress during the 117th Congress
1.4 – The Committee in Context
Chapter 2 – A Community of Modernizers
2.1 – Introduction
2.2 – Implementation: Partnering for Success
2.3 – Inside Stakeholders: Members and Staff
2.4 – Outside Stakeholders: Fix Congress Cohort and Additional Reformers
2.5 – Learning from Other Legislatures
2.6 – The American People
2.7 – Conclusion
Chapter 3 – Turning Ideas into Action
3.1 – Introduction
3.2 – Implementation of 116th Recommendations in the 117th Congress
3.3 – Status of Recommendations
Chapter 4 – Recruiting, Empowering, and Retaining an Experienced, Skilled,
and Diverse Congressional Staff
4.1 – Introduction
4.2 – The Trade-Offs of a Hill Career
4.3 – The 117th Congress: Staffing Issues Move to the Forefront
4.4 – Staff Turnover Reaches New Highs
4.5 – Staff Unionization
4.6 – Recommendations
4.7 – Conclusion
Chapter 5 – Building a More Civil and Collaborative Congress
5.1 – Introduction
5.2 – Diagnosing the Problem: Polarization and Congressional Culture
5.3 – Diagnosing the Problem: Committee Productivity and Member
Empowerment
5.4 – Finding Solutions: Steering Members Toward Consensus, Not Conflict
5.5 – Recommendations
5.6 – Conclusion
Chapter 6 – Strengthening Lawmaking and Oversight Capacity
6.1 – Introduction
6.2 – Strengthening the Legislative Process
6.3 – Evidence-Based Policymaking
6.4 – Modernizing Congressional Support Agencies to Meet the Needs of
an Evolving Congress
6.5 – Strengthening Oversight Capacity
6.6 – Recommendations
6.7 – Conclusion
Chapter 7 – Building a Modern Congress
7.1 – Introduction
7.2 – Connecting Constituents to Congress
7.3 – Prioritizing Innovation and Technology in Congress
7.4 – Encouraging a Startup Ecosystem
7.5 – The Tech-Talent Pipeline
7.6 – Additional Tech Barriers
7.7 – Recommendations
7.8 – Conclusion
Chapter 8 – Modernizing the Workplace
8.1 – Introduction
8.2 – Overview of Committee’s Space-Related Work During the 116th
Congress
8.3 – Addressing Accessibility Issues in the 117th Congress
8.4 – Modernizing the Look and Use of Space in Congress
8.5 – Vision 2100
8.6 – Recommendations
8.7 – Conclusion
Chapter 9 – Modernizing District Offices
9.1 – Introduction
9.2 – Setting Up a District Office
9.3 – Recommendations
9.4 – Conclusion
Chapter 10 – The Future of Modernization
10.1 – Introduction
10.2 – Continuity of Congress
10.3 – Pathways to Congressional Service
10.4 – Innovative Approaches to Fixing Congress
10.5 – A Roadmap for Future Reform Efforts
10.6 – Recommendations
Staff Acknowledgements
Appendix I – Implementation Status of Recommendations from the 116th
Congress
Appendix II – Implementation Status of Recommendations from the 117th
Congress
Appendix III – Additional Reports and Findings from the Select Committee
Chapter 1 – Introduction
1.1 – Opening Letter from Chair Derek Kilmer and Vice
Chair William Timmons
Every 20 or 30 years, Congress establishes a bipartisan select committee
to study how the institution is working and to propose reforms that will
improve operations so that members can work more effectively for the
American people.
The most recent reform committee, the Select Committee on the
Modernization of Congress, was formed at the beginning of the 116th
Congress and given an important investigative mission: to research a broad
range of issues, identify challenges and opportunities for reform, and offer
recommendations for improving and strengthening the House. In its first two
years, the Committee generated 97 recommendations on a variety of topics to
improve the internal workings of Congress. At the beginning of the 117th
Congress, the House of Representatives determined that despite the
Committee’s great progress, there was still much work to be done and
extended the Committee for two more years.
The Committee’s mandate was broad, and our agenda has covered an
expansive range of issues focused on strengthening the institution and
restoring Congress’s Article I authorities. The Framers established Congress as
first among co-equal branches of government and the Committee took
seriously its mission to ensure that the institution is equipped to carry out its
duties as the People’s House.
Since its inception, this Committee has prioritized collaboration and has
consistently worked in a bipartisan fashion. This was in part because the rules
that established our Committee required recommendations to have two-thirds
support in order to pass. Because the Committee was also structured to have
an equal number of Democrats and Republicans serve, all recommendations
made by the Committee had to be bipartisan. However, our bipartisan
approach went well beyond what the rules required. It defined every aspect of
our work, from the way we staffed and funded the Committee to how we
operated day-in and day-out. We held bipartisan planning retreats at the start
of each session, where we got to know each other on a personal basis,
discussed priorities, and set the agenda that shaped our Committee’s work.
We held our hearings in a roundtable setting, with a more flexible questioning
format so we could talk to each other and to witnesses eye-to-eye and engage
in civil discussion. And we regularly met informally to discuss the issues before
the Committee and to negotiate recommendation language. This unique
approach encouraged and contributed to the development of productive
working relationships that will help us partner on other policy areas in the
future. Our approach also provided an example of how Congress – and
committees, in particular – can work together constructively.
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The various experiences and perspectives that Committee members
shared provided valuable insight into the institution’s many challenges and
helped generate 202 recommendations. However, our goal was to make
change. We were not interested in writing a final report that would merely
describe a long list of recommendations that would then sit on a shelf and
gather dust. Rather, we sought not only to identify and vote on meaningful
reforms in a rolling fashion, but to implement those reforms as best we could.
This strategy resulted in the implementation of 65% of recommendations from
both congresses as of the time of this writing. This report provides an
overview of the Committee’s work in the 117th Congress, including the
purpose and need for each of our recommendations, details on the
implementation status of our recommendations, background on the
Committee’s unique approach to reform, and suggestions for future reform
committees.
Our guiding principle has been to make Congress work better for the
American people. Starting from a position of understanding the problems this
institution faces, the Committee successfully resolved many longstanding
obstacles and cleared the path for ongoing modernization. Over the past four
years, we have heard from a diverse array of stakeholders, including elected
officials, current and former staff, academics, the private sector, and—most
importantly—everyday Americans, all with different backgrounds and areas of
expertise, and all interested in improving the People’s House. We listened
closely to what they said, and we acted. We hope that our work can serve as a
model that current and future congresses can replicate to address the major
issues of the day, and to ensure a legislative branch that is effective, efficient,
and transparent for the American people.
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1.2 – Members of the Select Committee on the
Modernization of Congress
CHAIR DEREK KILMER
Derek Kilmer serves as the United States
Representative for Washington’s 6th
Congressional District. The end of the 117th
Congress marks the end of his fifth term. In
addition to chairing the Modernization
Committee, he also serves on the Committee
on Appropriations. He also co-chairs the
Bipartisan Working Group and is an emeritus
chair of the New Democrat Coalition. He has
chaired the Modernization Committee since
its founding in the 116th Congress.
“The American people deserve a Congress
that is more focused on progress than on
partisan bickering. They deserve to have a
Congress that is capable of solving big
problems. Our Committee had spirited debate and disagreements on a number
of issues, but I was heartened by the fact that every member of our Committee
had the same North Star – to make Congress work better for the American
people. The American people deserve that, and I’m hopeful that the
recommendations our Committee has made will represent positive change for
the folks we represent.”
4
VICE CHAIR WILLIAM TIMMONS
William Timmons serves as United States
Representative for South Carolina’s 4th
Congressional District. The end of the 117th
Congress marks the end of his second term. In
addition to serving as Vice Chair of the
Committee, he also serves on the Committee
on Financial Services and is a member of the
Republican Steering Committee. Rep.
Timmons has served on the Modernization
Committee since its inception in the 116th
Congress.
“My campaign slogan was Congress is broken,
and when I was approached about being a
part of and then leading this Committee, I
jumped at the opportunity. The work of this
Committee has begun to fix Congress, and I could not be prouder of what we
have accomplished on behalf of the American people.”
5
REPRESENTATIVE EMANUEL
CLEAVER, II
Emanuel Cleaver serves as the United States
Representative for Missouri’s 5th
Congressional District. The end of the 117th
Congress marks the end of his ninth term. He
also serves on the Committee on Financial
Services, Committee on Homeland Security,
and the Joint Commission on Security and
Cooperation in Europe. He is also a member,
and former Chair, of the Congressional Black
Caucus. Rep. Cleaver has served on the
Modernization Committee since its formation
in the 116th Congress.
"During my four years on the Modernization
Committee, our nation has had to grapple with extraordinary challenges
ranging from a global pandemic to threats against democracy at home and
abroad. And while Congress has met this moment with unprecedented support
for the American people, it has also been fraught with conflict and discord.
However, under the leadership of Chairman Kilmer and Vice Chairman
Timmons, the Select Committee on the Modernization of Congress has been a
beacon of light in an otherwise dark and divisive period. Our commitment to
respectful dialogue enabled thoughtful, candid conversations about what we
want Congress to look like, how we want members to engage with each other,
and how we can improve on our system of government to better respond to
the needs of our constituents and the nation. And the mutual respect shown
by every member of the Modernization Committee helped us pass a litany of
bipartisan recommendations that will improve the functionality and
responsiveness of the House of Representatives. I’m proud of the work we’ve
been able to do on behalf of the American people, not only by improving
capabilities of Congress but also by serving as an example of what can be
accomplished when we focus on our commonalities rather than our
differences."
6
REPRESENTATIVE RODNEY
DAVIS
Rodney Davis serves as the United States
Representative for Illinois’s 13th Congressional
District. The end of the 117th Congress marks
the end of his fifth term. He also serves as
Ranking Member of the Committee on House
Administration and Ranking Member of the
Subcommittee on Highways and Transit of the
Committee on Transportation and
Infrastructure. Additionally, he serves on the
Committee on Agriculture, Joint Committee
on Printing, and the Joint Committee on the
Library. He is also a member of the Bipartisan
Working Group and Republican Governance
Group. Rep. Davis has served on the
Modernization Committee since its creation in the 116th Congress.
“The Select Committee on the Modernization of Congress was organized as a
one-year experiment. Four years later, this report showcases the numerous
ideas we’ve considered, recommendations we’ve made, and lessons we’ve
learned. It provides a clear path forward to improving how Congress operates.
As a former staffer, my work on the Select Committee has been a highlight of
my congressional career and I encourage future congresses to consider the
lessons learned.”
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REPRESENTATIVE DAVID JOYCE
David Joyce serves as the United States
Representative for Ohio’s 14th Congressional
District. The end of the 117th Congress marks
the end of his fifth term. He also serves on the
Committee on Appropriations and the
Committee on Ethics. He co-founded the
Bipartisan Task Force to End Sexual Violence
and is Vice Chair of the Addiction Treatment
and Recovery Caucus. He is also Chair of the
Republican Governance Group and a member
of the Problem Solvers Caucus.
“I’m proud to have worked alongside those on
the Select Committee on the Modernization of
Congress these past two years to answer one
very important question: how can Congress
work better for the American people? Institutional reform can be difficult,
especially in times of heightened partisanship, but this Committee has
successfully worked together across party lines to deliver a more efficient and
transparent Congress to our constituents.”
8
REPRESENTATIVE ROBERT E.
LATTA
Robert Latta serves as the United States
Representative for Ohio’s 5th Congressional
District. The end of the 117th Congress marks
the end of his eighth term. He also serves on
the Committee on Energy and Commerce,
where he is the Republican Leader of the
Communications and Technology
Subcommittee, and the Commission on
Congressional Mailing Standards. He is also a
member of the Republican Study Committee.
“Making sure the House functions effectively,
efficiently, and transparently is essential to the
preservation of this institution. As the
American people grow increasingly tired of partisan gridlock in Washington, I
am proud to be a part of the House Select Committee on the Modernization of
Congress where we’ve worked together, across party lines, to make the
People’s House work better for the American people.”
9
REPRESENTATIVE ZOE LOFGREN
Zoe Lofgren serves as the United States
Representative for California’s 19th
Congressional District. The end of the 117th
Congress marks the end of her fourteenth
term. She serves as Chair of the Committee on
House Administration and serves on the
Committee on the Judiciary, where she chairs
the Subcommittee on Immigration and
Citizenship. Lofgren is also a member of the
Committee on Science, Space, and
Technology, Joint Committee on Printing,
Joint Committee on the Library, and the
Select Committee to Investigate the January
6th Attack on the United States Capitol. She is
the elected Chair of the 42-member California
Democratic Congressional Delegation and a member of the Congressional
Progressive Caucus. Rep. Lofgren has served on the Modernization Committee
since it was created in the 116th Congress.
“Putting fresh eyes on the institution I have committed most of my public
service career to is an honor, a challenge, and an important mission for a body
devoted to serving ‘we the people.’ I always welcome interparty collaboration,
and the Select Committee on the Modernization of Congress has operated in a
bipartisan, open fashion. We need more of that in Congress, and I am
heartened by the substantive conversations to improve efficacy that took place
on the Select Committee.”
10
REPRESENTATIVE ED
PERLMUTTER
Ed Perlmutter serves as the United States
Representative for Colorado’s 7th
Congressional District. The end of the 117th
Congress marks the end of his eighth term. He
also serves on the Committee on Rules, the
Committee on Financial Services, where he
chairs the Subcommittee on Consumer
Protection and Financial Institutions, and the
Committee on Science, Space, and
Technology. He is also a member of the New
Democrat Coalition.
“I am proud to be a member of the Select
Committee on the Modernization of Congress.
This Committee is designed to bring Congress
as an institution into the 21 century and to make it the best it can be to
st
benefit America. One of my biggest priorities as a member of the
Modernization Committee has been to ensure district office operations receive
the support and resources needed to operate efficiently and provide effective,
responsive constituent services. I am proud of the work we have done this
Congress to address important issues, which is why I want to ensure this
Committee and its mission remain a priority for future generations.
The Modernization Committee has been one of my favorite committees to
serve on because of the conversations we’ve had, the work we’ve done and the
friendships I’ve made. Thank you, Chair Kilmer, and Vice Chair Timmons for
your leadership and to all my colleagues on the Committee for your work and
for making the process so enjoyable.”
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REPRESENTATIVE DEAN
PHILLIPS
Dean Phillips serves as the United States
Representative for Minnesota’s 3rd
Congressional District. The end of the 117th
Congress marks the end of his second term.
He also serves on the Committee on Ethics,
Committee on Foreign Affairs, and the
Committee on Small Business, where he chairs
the Oversight, Investigations, and Regulations
Subcommittee. He also serves as Vice Chair of
the Problem Solvers Caucus and is a member
of the New Democrat Coalition.
“I am proud of all that the Modernization
Committee has accomplished in the 117th
Congress. Not only have we passed and
implemented numerous recommendations to bring Congress into the 21st
century, but we have done so in a thoughtful, bipartisan way that exemplifies
how Congress should operate. The work to make Congress more effective and
efficient for the American people is not done, but this Committee has provided
a model of success for those efforts.”
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REPRESENTATIVE GUY
RESCHENTHALER
Guy Reschenthaler serves as the United States
Representative for Pennsylvania’s 14th
Congressional District. The end of the 117th
Congress marks the end of his second term.
He also serves on the Committee on
Appropriations and the Committee on Rules.
He is also a member of the Republican Study
Committee and serves as the Elected
Leadership Committee Representative for the
Class of the 116th Congress and is co-chair of
the bipartisan Military Mental Health Task
Force and Gaming Caucus.
“It was an honor to contribute to the Select
Committee on the Modernization of Congress’s mission to make Congress
work better for the American people. I greatly appreciated the opportunity to
improve the constituent experience for southwestern Pennsylvanians and
Americans across the country.”
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REPRESENTATIVE BETH VAN
DUYNE
Beth Van Duyne serves as the United States
Representative for Texas’s 24th Congressional
District. The end of the 117th Congress marks
the end of her first term. She also serves on
the Committee on Small Business, where she
is the Ranking Member of the Oversight,
Investigations, and Regulations
Subcommittee, and the Committee on
Transportation and Infrastructure. She is also a
member of the Republican Governance Group
and the Republican Study Committee.
“It has been a great honor to serve on the
Select Committee on Modernization as it
brought members on both sides of the aisle
together to develop recommendations that made Congress more effective,
efficient, and transparent for the American people. At a time of seemingly
unprecedented political dividedness, this Committee provided an avenue for
diverse opinions and perspectives to solve the problems within Congress, and I
look forward to taking this experience with me as I continue my service to the
24th District of Texas.”
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REPRESENTATIVE NIKEMA
WILLIAMS
Nikema Williams serves as the United States
Representative for Georgia’s 5th Congressional
District. The end of the 117th Congress marks
the end of her first term. She also serves as
the Vice Chair of the Oversight and
Investigations Subcommittee of the
Committee on Financial Services and is a
member of the Committee on Transportation
and Infrastructure. She is the Democratic
Caucus Freshman Class President, co-chair of
the Congressional Voting Rights Caucus, and
Whip of the Democratic Women’s Caucus, as
well as a member of the Congressional Black
Caucus, the Congressional Progressive
Caucus, and the New Democrat Coalition.
“Often our constituents tell us loud and clear to pass commonsense laws, but
Congress can’t act quickly. In the Select Committee on the Modernization of
Congress, I authored and passed a recommendation to support speeding the
consideration of broadly supported, bipartisan legislation through both
chambers of Congress. Thank you to Chair Derek Kilmer and Vice Chair William
Timmons for your support of this recommendation and your leadership in
making Congress more efficient.”
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1.3 – Recommendations Passed by the Select Committee
on the Modernization of Congress during the 117th
Congress
IMPROVE STAFF RECRUITMENT, DIVERSITY, RETENTION, AND
COMPENSATION AND BENEFITS:
98. Personalized Job Training and Management Skills: Supervisors should
receive formal management training that includes management skills,
cultural competency, and how to support an inclusive work environment.
99. Update and Align Staff Benefits to Increase Retention: The House should
establish and maintain a “Task Force on the House Workforce,” led by the
Chief Administrative Officer and comprised of other House offices to
make ongoing policy recommendations on updating staff benefits.
100. Real Time Payroll Information: The House should create a searchable
database of anonymized average staff compensation information, by
position, using available information on staff salaries and payroll data.
101. Mentorship Match Program: The House should initiate and facilitate a
formal mentorship program for matching more experienced staff with
less experienced staff.
102. Professional Certifications: The House should allow member, committee,
and leadership offices to pay for certain professional development
opportunities for staff that include a certification.
103. Onboarding Information: The Chief Administrative Officer should provide
offices with an expanded standard onboarding packet that includes
comprehensive information on available resources and benefits for staff.
104. Assistance for Contract Employees: Where feasible, the House should
work with contractors to ensure they provide their Capitol campus
employees assistance services comparable to those offered by the House
through the Office of Employee Assistance.
105. Supporting the Office of Employee Assistance: The Office of Employee
Assistance should seek to retain a diverse workforce, offer access to
bilingual services, and retain staff capable of providing various forms of
trauma services.
106. Tuition Assistance: The House should expand the Student Loan
Repayment Program to include tuition assistance.
107. Talent Acquisition Software: The Chief Administrative Officer should
provide access to industry-leading talent acquisition software to assist
House offices in managing their recruitment and hiring processes.
108. Collecting Demographic Data: The Chief Administrative Officer should
work with the Office of Diversity and Inclusion to improve the collection
of anonymized demographic data through an optional form provided to
staff at onboarding.
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PROFESSIONALIZE INTERNSHIPS AND FELLOWSHIPS:
109. Assessing Intern Cost of Living: The Chief Administrative Officer should
provide information to congressional offices on the cost of living for
interns to help inform intern stipend levels.
110. Intern and Fellowship Program Office or Coordinator: The House should
establish an Intern and Fellowship Program Office or Coordinator that
helps with onboarding, developing educational curriculum, professional
development, and training for office coordinators.
111. Fellows and Detailees Use of Equipment: Congress should clarify rules to
allow fellows and detailees to receive the same resources as professional
staff.
112. Remote Internships: The House should study the feasibility of
permanently allowing remote internships.
113. Committee Internship Stipends: Committees should be provided a
program allowance, separate from their budget, for compensation of
interns.
IMPROVE ACCESSIBILITY:
114. ADA Drop-off/Pick-up Zone: The House should designate a drop off and
pick up zone near an accessible entrance for members of the public with
mobility impairments and develop a clear process for accessing the new
drop-off point.
115. Security Screening for those with Disabilities: Visitors and staff with
disabilities should have access to information on the security screening
techniques they will encounter upon entering the Capitol complex.
116. Doorway Accessibility: The House should prioritize the installation of
additional automatic doors and replace door hardware that is difficult to
grasp with one hand.
117. Accessible Websites: The House should promote awareness of
accessibility requirements for member and committee websites and
provide training and tools for staff to help them properly maintain and
update those sites.
ENCOURAGING CIVILITY AND BIPARTISANSHIP IN CONGRESS:
118. Promoting collaboration and leadership at member orientation: New
Member Orientation should strive to promote civility, collaboration, and
leadership skills and be held separately from party leadership events.
119. Promoting collaboration and civility through voluntary training
opportunities: The Congressional Leadership Academy and Congressional
Staff Academy should offer voluntary training to members and staff to
promote civility, collaboration, and leadership skills.
120. Acknowledging member involvement in legislation: Congress.gov should
provide a clearer accounting of member contributions to legislation.
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121. Optional committee feedback tool: The House should develop and
provide tools for committee leadership to receive member feedback on
committee operations.
122. Bipartisan committee events: Committees should have flexibility to host
occasional events to foster collaboration and further develop working
relationships among committee members.
123. Learning from state best practices: The House should survey and examine
best practices from state legislatures.
124. Bipartisan group events: The Library of Congress is encouraged to
expand its regular, bipartisan events to include events specifically focused
on promoting relationship building and collaboration among members.
125. Ongoing institutional support to facilitate civility and collaboration: An
institutional office of the House should provide best practices and
facilitate workshops that encourage bipartisan collaboration.
126. Technology tools to enable collaboration: The House should offer
technology tools to facilitate member collaboration on legislation and
issues of mutual interest.
127. Information on outside organizations and resources: The House should
provide information on organizations and resources members can access
for services to help manage conflict and foster common ground.
128. Bipartisan committee websites: Committees should have a bipartisan,
public-facing website with basic, nonpartisan information about the
committee and its operations.
129. Voluntary resources to help committees develop civility norms: The
House should provide resources and guidance to committees seeking to
create tailored civility norms.
130. Co-working spaces for staff: The House should explore bipartisan
co-working spaces for staff.
131. Task force on the legislative process: A bicameral, bipartisan group of
members should convene to discuss rules changes to require
reciprocated consideration for widely supported bipartisan legislation.
SUPPORT AGENCY (CRS, CBO, GAO) RECOMMENDATIONS:
132. Make available nonpartisan summaries: The House should prioritize
ensuring that bills to receive a floor vote have nonpartisan summaries
available.
133. Bolster legislative support agency access to federal data and experts:
Support agencies should report on challenges and potential solutions for
accessing federal data.
134. Enhancing the customer experience at CRS: CRS should ensure that its
products and services are designed to adapt and meet the needs of an
evolving Congress.
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135. Enhancing the customer experience at GAO: GAO should boost initiatives
to meet Congress’s information needs and assess member and staff
awareness of and satisfaction with its products and services.
136. GAO annual report on unimplemented recommendations: GAO should
report annually on the estimated cost savings of its unimplemented
recommendations.
137. GAO report to congressional committees on legislative options: GAO
should annually report to Congress on legislative options to address open
priority recommendations.
138. Enhance CBO outreach to Congress: CBO should expand its
congressional outreach to provide additional information and assistance
to members of Congress and staff.
139. Legislative and support agency staff directory: Congress and
congressional support agencies should establish a shared staff directory
to enhance the exchange of information and improve collaboration.
140. Modernize the congressional support agencies: The committees of
jurisdiction should examine support agency authorities and determine if
they need to be updated.
141. Authorize STAA and make it a permanent part of GAO: The Science,
Technology Assessment, and Analytics program at GAO should be
authorized and made permanent by Congress.
EVIDENCE-BASED POLICYMAKING:
142. Congressional Commission on Evidence-Based Policymaking: Congress
should establish a bipartisan, bicameral Commission on Evidence-Based
Policymaking to encourage and facilitate better use of data in the
legislative process.
STRENGTHENING CONGRESSIONAL OVERSIGHT CAPACITY:
143. Optional bipartisan oversight training: The House should offer and
support optional programs for members and staff to learn best-practices
for conducting bipartisan, fact-based oversight
144. Improved access to document review software: The CAO should assist
committees in obtaining and utilizing effective, industry standard
“e-discovery” software to improve document review and processing
capabilities.
MODERNIZING DISTRICT OFFICE OPERATIONS:
145. District Wi-Fi: The CAO should provide every district office with access to
secure Wi-Fi.
146. Single point of contact for district office setup: The CAO should
designate a single point of contact for each office to streamline the
process for setting up district office operations.
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147. District-focused transition aide: The House should provide members-elect
with a second paid transition aide who can focus on setting up district
operations.
148. Information sharing between district offices: The CAO should facilitate
opportunities for staff that work directly with constituents to connect and
share best practices.
149. Ready for day one program: 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.
150. Agency casework contact lists and privacy release form policies from
CRS: CRS should provide regularly updated and complete information on
local agency casework contacts and agency digital privacy release form
policies.
151. Additional staff capacity to support disaster response: The House should
provide resources and staffing flexibility to district offices in responding
to a federally declared disaster.
152. District staff retention: 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.
153. Connecting constituents with community organizations and resources:
The House should update and provide clear ethics guidelines to allow
district offices to direct constituents to appropriate community
organizations, resources, and services.
154. Facilitating constituent service events: 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.
155. Constituent control over their data: The House should ensure that
constituent data and records related to casework are maintained,
transferred, or destroyed according to a constituent’s preferences.
156. Technology solutions to help offices better serve constituents: The CAO
should develop or provide optional in-house technology solutions to
district offices to improve casework and other services.
MODERNIZING HOUSE OFFICE BUILDINGS:
157. Improve navigating the campus: 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 through the Capitol campus.
158. Survey House employees: The House should regularly survey House
employees to assess plans for telework and use of office space.
20
159. Digital displays for hearings and events: The House should provide digital
signage displaying information about current public hearings and events.
160. Inventory existing space: The House should study the use of its space to
understand how it is used, who controls access to various spaces, and
how it is managed in the House and the Capitol.
161. Offer expanded options for meeting space: The House should establish
and designate shared meeting spaces that will allow for members and
staff to use on a drop-in basis and not require reservations.
162. Portal for all reservable space: The House should develop an app and
expand the current web portal to include all reservable space in the
Capitol and House Office Buildings.
163. Establishing procedures for communicating with members and staff prior
to new construction: AOC and CHA should jointly establish procedures to
ensure new projects are modern, functional, and meet the needs of
members and constituents.
164. Establishing procedures for communicating with members and staff
during construction: AOC and CHA should jointly establish procedures to
ensure new projects are modern, functional, and meet the needs of
members and constituents.
165. Flexible and modern member office templates: The CAO should provide a
broad menu of furniture options and templates for member office space
that consider modern and flexible design and function concepts.
166. Flexible hearing space: The House should identify and develop a space
that can be used to hold hearings with alternative seating formats such
as a roundtable-style.
MODERNIZING THE LEGISLATIVE PROCESS:
167. Modernize bill referral and tracking: The House should establish a system
for bill referral to committees that automates and tracks the bill’s
progress through the legislative process.
168. Retaining expert staff: The House should exempt student loan
repayments from maximum compensation.
169. Automate the process of obtaining cosponsors: The House should
develop a technology solution to allow greater automation of the process
for collecting and registering cosponsors.
170. Collaborative legislative drafting: 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.
21
CONGRESSIONAL CONTINUITY:
171. Joint Committee on Continuity: Congress should establish a joint
committee to review House and Senate rules and other matters assuring
continuing representation and congressional operations for the American
people.
IMPROVE CONSTITUENT ENGAGEMENT AND CONSTITUENT
SERVICES:
172. The House should develop an optional system to allow offices to share
anonymized constituent casework data and aggregate that information
to identify trends and systemic issues to better serve constituents.
173. The House should provide offices with information related to outside
organizations and resources available to assist members and committees
that wish to enhance outreach efforts or utilize new tools for constituent
communication and engagement.
174. The House should study and present options for developing a
public-facing interactive platform for constituents to offer their opinions
and feedback on pending legislation.
175. The House Digital Service should evaluate and onboard industry leading
correspondence technology tools and platforms to enable offices to
improve the quality and substance of constituent correspondence.
176. The House should study and present options for developing a platform
for committees that want to solicit public comment and evidence on
topics that might be coming before the committee.
177. The House should develop an efficient and secure tool for coordinating
constituent tour requests.
178. The House should develop a more efficient process for tracking and
managing constituent flag requests.
179. The House should develop and provide offices with optional tools for
surveying and tracking their constituents’ ‘customer service’ experience.
180. Future upgrades to the Capitol Visitor Center should allow for a more
personalized and interactive tour that allows constituents to better
understand who their representatives are and how their opinions are
reflected in House votes.
BOLSTER HOUSE TECHNOLOGY:
181. Congress should institutionalize and expand technology education and
innovation initiatives such as the Congressional Hackathon.
182. The House should develop an onboarding process to institutionalize
congressional technology that has reached a mature development stage,
is widely used, or is considered mission critical.
183. House-developed digital applications should be made open source by
default.
22
184. The House and Senate should work to align more of their technology
standards and processes.
185. House should provide more public information to potential technology
vendors and streamline the vendor approval and onboarding process.
186. The CAO should develop an Established Delivery Partners program for
digital solution vendors that regularly work with the House.
187. The House should review current policies and, where appropriate, allow
opportunities for congressional use of software and its underlying code
that is developed by outside civic technology organizations.
188. The House should establish a high-level working group to prioritize and
coordinate the maintenance and development of House digital
infrastructure.
189. The House should create a Digital Service Advisory Board to help plan
and prioritize the work of the House Digital Service.
190. The Capitol switchboard should be updated to allow call information to
be passed through to House offices.
191. GPO should create and offer a standard process for automating
committee hearing records.
192. The House should work with committees to develop optional tools that
allow them to continue to migrate away from the use of paper documents
during committee meetings.
SUPPORT CONGRESSIONAL OPERATIONS:
193. The House should provide resources to support HOLC’s continuing efforts
to expand education and proactive outreach to members and staff.
194. At the beginning of a new Congress, House business support offices and
agencies should hold an “Open-House” to provide members and staff the
opportunity to personally meet with institutional offices and staff and
learn about the services they offer.
195. The House should permit legislation to have two members of Congress
serve as first sponsors, provided that members are affiliated with
different political parties.
196. Requiring Data to be Entered into Committee Scheduling Tool: House
rules or policies should require entering of committee meeting times into
the shared committee scheduling tool.
197. Report on Members Voting Late: The House should publish a regular
report noting the cumulative time individual members voted after the
allotted time.
198. Opportunities to Learn from other Legislatures: The Committee on House
Administration and the Committee on Rules should conduct semi-regular,
bipartisan international CODELs to learn about other legislatures and to
facilitate better collaboration and understanding among committee
members.
23
199. Bipartisan New Member Update Seminar: The Committee on House
Administration should offer a voluntary seminar for new members well
into the start of their term.
PATHWAYS TO CONGRESSIONAL SERVICE:
200. Align the Treatment of Member Travel-Related Expenses with the Private
Sector and Federal Agencies: The House should align travel related
expense reimbursement rules for members with standard business travel
practices in the private sector and other parts of the federal government.
MODERNIZATION GOING FORWARD:
201. Modernization Subcommittee: The House should provide a home for
ongoing modernization work within the Committee on House
Administration.
202. Regular Modernization Select Committees: The House should authorize a
Modernization Select Committee at least every fourth Congress.
1.4 – The Committee in Context
OUR PURPOSE AND VISION
The Modernization Committee’s Final Report for the 116th Congress
provides a detailed history of prior congressional select and joint committees
tasked with improving legislative branch operations and identifying
opportunities for reform. While Congress has created temporary select
committees for various reasons, including to focus on specific policy areas,
reform committees are unique in that they are tasked with looking internally
and proposing ways to improve the institution.
Over the past century, there have been three joint select committees,
which included members from both the House and Senate, four House select
committees (including the Modernization Committee), and two official
commissions focused on reforming Congress.1 Many of the reforms put
forward by these committees have had lasting effects on how Congress
functions and in how members legislate and communicate with the American
people.
Like its predecessor reform committees, the Modernization Committee
was established at a pivotal point in the U.S. Congress. As the 115th Congress
came to a close, a group of Democrats and Republicans contemplated
potential changes to House Rules but acknowledged that many of the
concerns being raised by members (including issues related to staffing,
technology, communications, etc.) were not simply rules issues. Members were
motivated by Congress’s decreasing claim to constitutional powers vested in
1. See a history of previous congressional reform see, “Past Congressional Reform Efforts” in Select
For
Committee on the Modernization of Congress. (2020, October). 116th Congress Final Report. 46-53.
24
Article I, the inability to pass important legislation, low public approval ratings,
high levels of partisanship, and the general belief that the institution could
function better on behalf of the American people. These challenges presented
an opportunity for the Committee to find ways to strengthen the legislative
branch and build internal and external support for Congress.
The Modernization Committee gathers for a hearing.
At the outset of the 116th Congress, Democrats and Republicans alike
supported the creation of the Modernization Committee. Throughout its
tenure, the Committee stayed true to its mission and worked in a bipartisan
fashion, despite an intense political environment. The Committee’s launch in
the 116th Congress was delayed by the longest government shutdown in U.S.
history and its kickoff in the 117th Congress was stalled in the wake of the
January 6, 2021, attack on the U.S. Capitol.2 Additionally, the COVID-19
pandemic forced Congress into a remote operating status for over one year.
These events served as a potent reminder of why Congress must be fully
prepared and capable of acting as the first among co-equal branches of
government. While the Committee was charged with addressing a range of
2. Restuccia, Andrew, Burgess Everett, Heather Caygle (2019, January 25). “Longest shutdown in history
See
ends after Trump relents on wall” POLITICO. https://www.politico.com/story/2019/01/25/
trumpshutdown-announcement-1125529
25
issues, its broader purpose was to ensure that Congress is equipped to fulfill
its Article I responsibilities. Recommendations were thus developed to
emphasize legislative branch efficiency, effectiveness, and strengthening
efforts.
COMMITTEE MANDATE, EXTENSIONS, AND GOALS
Title II of H.Res.6, the Rules package passed at the start of the 116th
Congress, created the Modernization Committee. As established by Title II of
H.Res.6, topics for investigation included: (1) rules to promote a more modern
and efficient Congress; (2) procedures including the schedule and calendar;
(3) policies to develop the next generation of leaders; (4) staff recruitment,
diversity, retention, and compensation and benefits; (5) administrative
efficiencies; (6) technology and innovation; and (7) the Franking Commission.
Title II of H.Res.6 required the Modernization Committee “to provide
interim status reports to the Committee on House Administration and the
Committee on Rules.” It authorized the Committee to report the results of
investigations and studies to the House on a rolling basis, along with detailed
findings and policy recommendations, and required a final report at the end of
the first session of the 116th Congress.3
In November 2019, the House voted to extend the Modernization
Committee’s work to the end of the 116th Congress. This extension was
supported by a broad coalition of House members and reform-oriented
organizations, many of whom submitted letters of support to Speaker Pelosi.4
The House Rules Committee first approved H.R. 4863, which included
language to extend the Modernization Committee, after which the full
chamber voted on November 14, 2019, to make the extension official.5 H.Res.6
was thus amended to make the Committee’s final report due on October 30,
2020, with a new expiration date of January 3, 2021.
On December 21, 2020, the Committee was extended a second time –
this time, for a full two years – so that it could continue finding ways to make
Congress work better for the American people. In announcing her intention to
extend the Committee through the end of the 117th Congress, House Speaker
Nancy Pelosi lauded the Committee’s “… efforts to advance bipartisan
solutions to make the House more transparent, efficient, and responsive to the
needs of our communities. Strengthened by the historic diversity and
3. H.Res. 6 – 116th Congress (2019-2020): Adopting the Rules of the House of Representatives for the
See
One Hundred Sixteenth Congress, and for other purposes. (2019, January 3).
https://www.congress.gov/bill/116th-congress/house-resolution/6/text
4. Ackley, K. (2019, November 14). House leaders give modernization panel more time. Roll Call.
See
https://www.rollcall.com/2019/11/14/house-leaders-give-modernization-panel-more-time/
5. H.R. 4863 – 116th Congress (2019-2020): United States Export Finance Agency Act of 2019. (2019,
See
October 28). https://www.congress.gov/bill/116th-congress/house-bill/4863
26
Vice Chair Timmons (R-SC) smiles during a hearing.
dynamism of the 117th Congress, Chairman Kilmer and members of the Select
Committee will continue to champion the best ideas that ensure that the
People’s House can carry on its vital work now and for years to come.”6
What began as a one-year sprint turned into a four-year mission to make
Congress work better for the American people. By consistently prioritizing this
mission, the Committee was able to function in a fully bipartisan fashion for
the duration of both the 116th and 117th congresses. The Committee’s modern
approach to its work also facilitated consistent productivity. Unlike most
previous reform committees, the Modernization Committee introduced and
passed recommendations on a rolling basis in a series of packages, rather than
in one concluding report. The Committee also prioritized implementation of its
recommendations, in part through legislative action, but also by working in
partnership with various House offices and committees of jurisdiction.7
Over the course of four years, the Committee committed to “practicing
what it preached” and leading by example. As detailed in the next section, the
Committee took a modern approach in its operations and processes,
demonstrating that it’s possible to experiment and innovate in traditional
institutions like Congress.
6. Office of Speaker Nancy Pelosi. (2020, December 21). Pelosi announces that the Select Committee on
See
the Modernization of Congress will continue work in the 117th Congress under leadership of Chairman
Derek Kilmer [Press release]. https://pelosi.house.gov/news/press-releases/pelosi-announces-that-the-
select-committee-on-the-modernization-of-congress-will
7. H.Res. 756 – 116th Congress (2019-2020): Moving Our Democracy and Congressional Operations
See
Towards Modernization Resolution. (2019, December 10). https://www.congress.gov/bill/116th-
congress/house-resolution/756/text
27
Rep. Van Duyne (R-TX) addresses witnesses during a hearing.
HOW WE WORK
As with previous reform committees, the Modernization Committee was
tasked with taking an internal look at Congress and making recommendations
to improve how the institution works. While its overarching mission followed
historical precedent, the Committee’s approach did not. Several aspects of
how the Committee worked set it apart from previous reform committees.
BIPARTISAN COMMITTEE RETREATS
As the newly appointed chairs of the Modernization Committee in the
116th Congress, one of the first decisions Chair Kilmer and then-Vice Chair
Tom Graves made was to hold a bipartisan committee retreat. Members
gathered at the Library of Congress and spent the day setting an agenda for
the year and getting to know each other better. The retreat was instrumental
in setting a bipartisan, collaborative tone for the Committee – something that
would prove essential to its success. The Committee later went on to
recommend that all committees hold bipartisan planning retreats at the
beginning of new congresses.
At the start of the 117th Congress, committees were still meeting
virtually due to the ongoing COVID-19 pandemic. Chair Kilmer and Vice Chair
Timmons were, however, committed to holding a bipartisan retreat – even if it
meant that Committee members would have to gather online. The
28
Committee’s membership changed in the 117th Congress and the chair and
vice chair wanted to make sure the seven new members had time to meet
their new colleagues and learn more about the Committee. As in the 116th
Congress, members were joined by facilitators who helped guide the
discussion. In addition to learning more about one another on a personal level,
members shared their various frustrations with Congress and their reform
priorities.
These bipartisan retreats demonstrated the Committee’s ongoing
commitment to “leading by example.” Having participated in the retreats,
Committee members were prepared to speak knowledgeably to their
colleagues outside the Committee about the value of sessions like these.
ONE STAFF, ONE BUDGET
“No red jerseys or blue jerseys … just fix Congress jerseys.”
Shortly after the Select Committee was formed at the beginning of the
116th Congress, Chair Kilmer and then-Vice Chair Graves met one-on-one to
discuss the logistics of standing up a new committee. The two most
immediate issues to address were staff and budget. Given the Committee’s
initial one-year timeframe, and its wide-ranging mandate, time was of the
essence.
Chair Kilmer (D-WA, right) and Vice Chair Timmons (R-SC, left) pose with their "Fix
Congress" jerseys.
29
Rather than adhere to the House’s tradition of dividing committee
budgets and staff slots along party lines, granting roughly two-thirds to the
majority and one-third to the minority, Chair Kilmer and then-Vice Chair
Graves decided to take a “one staff, one budget” approach. The Committee
would have one budget, staff hires would be approved by both the chair and
vice chair, and staff would work together, for all Committee members. In
addition, the Committee hired two co-staff directors, one Republican and one
Democrat, to provide political guidance and management to an otherwise
nonpartisan staff and to model at the staff level the strong bipartisan
collaboration exhibited at the member level.
By rejecting the partisan norms that dictate how House committees are
typically structured and run, the Committee established itself from the outset
as a uniquely nonpartisan entity. The Committee had one website and posted
to one Twitter account, rather than to separate majority and minority
accounts. Staff shared a single office and worked together to plan hearings,
identify witnesses, prepare background materials, and brief Committee
members and their staff. This approach ensured that members and staff were
on the same page when it came to committee hearings, meetings, and
briefings –a truly nonpartisan approach to addressing issues before the
Committee.
Modernization Committee staff members speak before a hearing.
30
In the 117th Congress, Chair Kilmer and Vice Chair Timmons agreed to
maintain the “one staff, one budget” approach to Committee operations. Given
the Committee’s increased focus on implementing recommendations in the
117th Congress, staff work expanded to include implementation tracking,
outreach, and oversight. The Committee also dedicated more staff resources
toward the important work of House member and staff services. This allowed
for more direct outreach to House members and staff who had their own
thoughts and ideas for how to make Congress a more effective and efficient
institution for the people they represent (see Chapter 2 for more detail).
A NEW APPROACH TO HEARINGS
“I have never had a constructive conversation speaking to the
back of someone’s head.”8
Most committee hearings in the U.S. House adhere to a predictable
structure. Members are seated on a dais, with Democrats on one side and
Republicans on the other. Proximity to the chair or ranking member is typically
established by seniority, with longer serving members sitting closer to
committee leaders and junior members seated further away. Though most
committees have multiple rows of seats on the dais to accommodate all
committee members, the dais always sits just above the witness table.
Beginning in the 116th Congress, the Modernization Committee began
experimenting with alternative ways to structure its hearings. Rather than
separate members by party, the Committee began to seat its members,
alternating by party. This means, as Chair Kilmer has observed, that when a
member hears something interesting during a hearing, and they lean over to
the member sitting next to them for discussion, they are sharing thoughts with
someone from the other party. Both Chair Kilmer and Vice Chair Timmons saw
value in facilitating this kind of professional and social cross-party interaction
and maintained alternate seating in the 117th Congress.
While the Committee informally adopted alternate seating during the
116th Congress, Chair Kilmer and Vice Chair Timmons decided to formalize the
approach in the Committee’s operating rules for the 117th Congress. Rule 3(5)
of the Committee’s rules state that “(t)o the extent practicable, when seated
at the dais during meetings or hearings of the Committee, members shall
alternate by party.”9 Including this language in the rules signified the value the
Committee placed on cross-party interaction. It also established a formal
record that other committees can reference when drafting their own rules.
8. Temin, T. (2022, January 24). Some members of Congress are working to make things more civil, in a
See
Congress that works better. Federal News Network. https://federalnewsnetwork.com/congress/2022/
01/some-members-of-congress-are-working-to-make-things-more-civil-in-a-congress-that-
works-better/
9. Select Committee on the Modernization of Congress – 117th Congress (2021-2022): Resolution
See
adopting rules for the 117th Congress (2021, March 22). https://modernizecongress.house.gov/
download/modernization-committee-117th-committee-rules
31
Members from both sides of the aisle sit next to each other during a Modernization
Committee hearing. From left to right: Rep. Phillips (D-MN), Vice Chair Timmons
(R-SC), Chair Kilmer (D-WA), Rep. Van Duyne (R-TX), and Rep. Perlmutter (D-CO).
Rule 3(5) of the Committee’s rules also states that, “(t)he Committee
should also consider seating witnesses ‘in the round’ or at a roundtable setting
with Committee members.” On June 17, 2021, the Committee for the first time
utilized a roundtable hearing format. The hearing, which fittingly focused on
building a more civil and collaborative culture in Congress, was the
Committee’s first in-person hearing of the 117th Congress. Previous hearings
that year were conducted virtually, due to the COVID-19 pandemic.
The roundtable hearing format has a couple of unique advantages. First,
members and witnesses are seated at the same level and at the same table.
Second, members can make eye contact with one another, rather than look at
the back of each other’s heads (as is often the case when members are seated
on the dais). The Committee found that this simple change in the physical
arrangement created a more collaborative atmosphere that encouraged more
constructive discussion among and between witnesses and members while
reducing the potential for partisan “speechifying.”
32
Further, the Committee’s roundtable hearing format included another
important feature: effectively dispensing with the five-minute rule in favor of
free-flowing discussion. In consultation with the House Parliamentarian’s
office, the Committee developed the following language which was included in
Chair Kilmer’s opening remarks at each hearing:
“In accordance with clause 2(j) of House rule XI, we will allow up to
30 minutes of extended questioning per witness. And without objection,
time will not be strictly segregated between the witnesses, which will
allow for extended back-and-forth exchanges between members and the
witnesses.
Vice Chair Timmons and I will manage the time to ensure that
every member has equal opportunity to participate. Additionally,
members who wish to claim their individual five minutes to question
each witness pursuant to clause 2(j)(2) of rule XI will be permitted to do
so following the period of extended questioning.”
In essence, with unanimous consent, the Committee moved the 5-minute
minimum questioning time that is guaranteed to each member under House
rules to the end of the hearing’s question-and-answer period, and instead
began question time under “extended questioning” authority. Structuring the
hearings in this way didn’t require a new rule, but rather a creative use and
interpretation of existing ones, allowing for a more robust discussion and
encouraging a civil, collaborative exchange of ideas and thoughts. Members
who had questions or thoughts connected to the discussion underway did not
have to wait for their “five-minute allotment,” but rather, could signal to the
chair or the vice chair their desire to “jump in.” This also allowed for a more
coherent discussion of the issues, as members could focus at length on a
particular topic, rather than jumping back and forth between several unrelated
topics.
Witnesses were afforded greater flexibility in providing testimony as
well. While the Committee encouraged witnesses to limit oral remarks to five
minutes, they were permitted to follow up on points made by other witnesses
or Committee members, without having to worry about running out the
five-minute clock before they finished making a point. In some cases, the
Committee encouraged specific witnesses to share time and alternate
speaking, which enabled them to provide a more coordinated presentation to
the Committee and expand upon each other’s remarks. The end result was
more listening and learning – more of a dialogue, and less posturing. The
setting was also decidedly more welcoming to witnesses, some of whom
commented specifically on the effectiveness of the novel approach.
33
Rep. Latta (R-OH) addresses witnesses during a hearing.
“I’ve been honored to testify before House committees under
both a ‘traditional’ hearing format and the Modernization
Committee’s ‘alternative’ one, and the latter experience left me
feeling much more effective as a witness.
An opportunity for a more flexible back-and-forth conversation
with the members without the fear of the red light coming on in
front of me allowed us to dig deeper into issues of mutual
interest, and the ability of one member to follow up immediately
on a line of questioning begun by another member provided
more focus and coherence to our time together. In addition, the
more open format meant that witnesses could more easily build
on each other’s expertise and observations, ensuring that the
committee learned as much as it could from us.”
-Molly Reynolds, Brookings Institution
The Committee’s June 17, 2021, hearing set a precedent for how the
Committee would conduct the remainder of its hearings for the 117th
34
Rep. Joyce (R-OH) listens to a hearing witness.
Congress. The roundtable format, with alternate party seating and extended
back-and-forth exchanges between members and witnesses, became the
Committee’s signature hearing style. It also exemplified the Committee’s
commitment to “practicing what it preaches,” leading by example, and
demonstrating how to test innovative approaches within the House’s current
rules.
SETTING A CONTEMPORARY AGENDA
Like previous reform committees, the Modernization Committee’s
jurisdiction was established by House Rule.10 Specifically, the Committee was
tasked with developing recommendations to, among other things, address the
schedule and calendar; next generation leadership; staff recruitment, diversity,
10. See Title II, H.Res. 6 – 116th Congress (2019-2020): Adopting the Rules of the House of
Representatives for the One Hundred Sixteenth Congress, and for other purposes. (2019, January 3).
https://www.congress.gov/bill/116th-congress/house-resolution/6/text
35
retention, and compensation and benefits; administrative efficiencies; and
technology and innovation.11
While the Committee held hearings and developed recommendations on
each of the specific items within its stated jurisdiction, it also deliberately
broadened its “modernizing Congress” scope to include contemporary
concerns. During its first year, the Committee was keenly aware of the time
constraints it faced and primarily focused on the areas listed specifically in its
mandate. After it was granted an extension to continue its work through the
end of the 116th Congress, however, Committee members saw value in
addressing some of the “real-time” challenges Congress faced. This course of
action was consistent with the Committee’s broad charge to modernize the
institution and remained in place throughout the 117th Congress. A few
examples of the contemporary challenges the Committee addressed include
civility, continuity of Congress, and accessibility.
During the 116th Congress, Committee members decided that it was
important to address the deleterious effects of heightened polarization.
Partisan gridlock undoubtedly affects institutional efficiency and the ability to
craft policy solutions to address the issues facing American families.
Breakdowns in civil discourse and a lack of cross-party collaboration also
impede productivity. The Committee held its first hearing on encouraging
civility and collaboration in the 116th Congress and continued to focus on
these critical issues in the 117th Congress, with three more hearings dedicated
to understanding and addressing the root causes and effects of polarization in
Congress. This sustained focus on building a more civil and productive
environment in Congress sets the Committee apart from previous reform
committees.
A second area that reflects the Committee’s willingness to take on
contemporary issues within its broad “modernization” mandate is continuity of
government and emergency preparedness. The COVID-19 pandemic upended
Congress’s standard operating procedures and required a quick transition to
virtual platforms. Congress, like governments across the country and world,
was unprepared and struggled at first to figure out how committees would
hold hearings and how members would vote. The Committee on House Rules
and the Committee on House Administration were charged with establishing
pandemic guidelines for committees and the House floor, but there were many
additional areas that needed to be addressed. The Modernization Committee
11. Ibid. Section 201(c)(2) of Title II defines the Committee’s jurisdiction as: The sole authority of the
See
Select Committee shall be to investigate, study, make findings, hold public hearings, and develop
recommendations on modernizing Congress, including recommendations on —
(A) rules to promote a more modern and efficient Congress;
(B) procedures, including the schedule and calendar;
(C) policies to develop the next generation of leaders;
(D) staff recruitment, diversity, retention, and compensation and benefits;
(E) administrative efficiencies, including purchasing, travel, outside services, and shared administrative
staff;
(F) technology and innovation; and
(G) the work of the House Commission on Congressional Mailing Standards.
36
held several virtual discussions to learn what the continuity pain points were
for various offices and staff and passed several recommendations to address
these challenges. In the 117th Congress, the Committee continued this
important work with a hearing focused on broader continuity of Congress
concerns.
Another issue closely connected to modernization is accessibility. In the
117th Congress, the Committee continued its exploration of how to make
Congress more accessible to the American people, congressional staff, and
interns with disabilities. Committee members heard from congressional staff,
as well as advocates for persons with disabilities and various congressional
offices charged with overseeing accessibility, to develop recommendations in
this space.
The broad scope of contemporary issues addressed by the Committee
exemplifies its willingness to creatively work within its broad mandate “to
promote a more modern and efficient Congress.” This unique approach to
agenda setting arguably separates the Committee from previous reform
committees.
A FOCUS ON IMPLEMENTATION
The Modernization Committee was only given investigative jurisdiction
and not legislative jurisdiction, meaning it could not formally develop
legislation to implement the recommendations it passed. The Committee did,
however, work to see those recommendations through to implementation via
alternative approaches. Committee members could, for example, introduce
Chair Kilmer (D-WA, center) smiles during a hearing.
37
legislation to advance the Committee’s various recommendations. In the 116th
Congress, this was accomplished primarily through one resolution, H. Res. 756,
that implemented 30 of the Committee’s recommendations.12 In the 117th
Congress, Committee members continued and expanded on their use of this
approach and introduced five pieces of legislation which helped advance
implementation of over four dozen recommendations. The Committee also
worked with various House offices, including the business and support offices,
and committees of jurisdiction on implementation efforts, which it did in both
the 116th and 117th congresses.
The Committee’s decision to simultaneously pass recommendations and
pursue implementation has proven critical to its success. This two-pronged
strategy also established the Modernization Committee as unique among
modern reform committees. The Committee’s ground-breaking
implementation work is described in more detail in Chapters 2 and 3.
12. H.Res. 756 – 116th Congress (2019-2020): Moving Our Democracy and Congressional Operations
See
Towards Modernization Resolution. (2019, December 10). https://www.congress.gov/bill/116th-
congress/house-resolution/756/text
38
Chapter 2 – A Community of Modernizers
2.1 – Introduction
Making Congress a more efficient, effective, and responsive institution is
a multi-faceted effort. The Modernization Committee was created to “look
inward,” assess what’s working and what’s not, and then make
recommendations to improve how Congress works on behalf of the American
people. The Committee knew that if it wanted to understand the vast range of
issues that needed to be addressed, it would need to hear from the people
who work in Congress. To that end, the Committee drew heavily upon the skills
and experiences of members, institutional officers, congressional staff, and
experts in support offices and agencies throughout the legislative branch.
These individuals provided a wealth of first-hand knowledge and perspectives
to the Committee and their assistance was invaluable, both in understanding
the issues and challenges facing Congress and in developing and
implementing recommendations.
In addition to looking inward for expertise, the Committee also sought
outside knowledge. The Committee relied heavily on a diverse range of
individuals and organizations with deep expertise in issues like technology,
oversight, rules and procedures, civility, and congressional capacity. These
perspectives helped inform and shape the Committee’s approach to
modernization, as members recognized the value in learning about how other
public and private institutions adapt and innovate.
Chair Kilmer (D-WA) questions hearing witness, Shola Richards.
39
The following sections describe the Committee’s unique approach to
working in partnership with different communities of reformers, on and off
Capitol Hill.
2.2 – Implementation: Partnering for Success
The Modernization Committee is one of the only congressional reform
entities that has worked to hold itself accountable and work to monitor and
implement its recommendations during the Committee's tenure. According to
a longtime Congressional Research Service expert, the Committee is also the
premier example of a reform committee when it comes to implementation of
its recommendations while the Committee is still standing. A large reason the
Committee was able to achieve this implementation success is because it was
renewed for the full length of the 117th Congress. That extra time allowed the
Committee to adopt a two-track operation focused on developing new
recommendations and ensuring implementation of existing recommendations.
Since passage of H. Res. 756 in March 2020, the Committee has pursued
multiple avenues for implementation of its recommendations including
legislative action and advocacy at the committee and leadership level, in
addition to working in coordination with institutional support offices.
To implement its recommendations, the Committee has worked closely
with many legislative branch entities, including institutional support offices,
relevant committees of jurisdiction, and House leadership. The Office of the
Clerk, Chief Administrative Officer, Office of Legislative Counsel, Architect of
the Capitol, Office of Diversity and Inclusion, and legislative branch agencies
such as the Congressional Budget Office, Congressional Research Service, and
the Government Accountability Office all partnered with the Committee to
discuss and refine recommendations as they were developed. These
discussions helped the Committee draft recommendation language that
resonated with how support offices and agencies conceptualize and execute
their work.
Establishing a common understanding up-front then made it easier for
support offices and agencies to begin the work of implementation. More
fundamentally, these discussions established a level of trust. Implementation
partners understood that the Committee was interested in reforms that were
constructive and wanted to help them do their jobs better rather than
admonish them for shortcomings. After passing a recommendation, the
Committee would typically hold regular check-in and follow-up meetings with
the support offices to assess progress and discuss any barriers to
implementation. If a support office had difficulty securing the necessary
authority, leadership attention, or resources for an implementation initiative or
project, the Committee was positioned to advocate and provide bipartisan
support for proposals to remove such barriers.
40
(Left) Architect of the Capitol J. Brett Blanton testifies before the Modernization
Committee. (Right) Chief Administrative Officer Catherine Szpindor testifies before
the Committee.
“Knowing we could not do everything at once, we conducted
regular, ongoing discussions with Committee staff on how to
approach different recommendations, which implementation had
the highest value, and which were ripe for execution. Through
that effective collaboration, we were able to turn
recommendations into prioritized projects we could fund and
implement. A great model for future modernization
recommendation implementation in the House.”
-Catherine Szpindor, the CAO
Developing actionable legislative proposals and requests became a
central feature of the Committee’s efforts to see recommendations through to
implementation. For example, Committee staff worked with the chair and vice
chair to submit funding and report language requests for the annual
Legislative Branch appropriations bills. Member Day testimony before the
Appropriations Committee from the chair and vice chair also reinforced the
visibility of these requests. In the fiscal year 2023 cycle, near-total adoption of
the Committee’s requests by the House Committee on Appropriations
collectively advanced 23 recommendations.13 The Committee’s appropriations
13. Legislative Branch Appropriations Act, 2023, H.R.8237, 117th Cong. (2022). [House floor action
See
pending as of November 18, 2022]. https://www.congress.gov/bill/117th-congress/house-bill/8237
41
proposals also led to an $8 million increase in funding for the Modernization
Initiatives Account, which specifically exists to finance support office projects
that implement Committee recommendations.14
Some of the Committee’s recommendations required a change in
statutory authority to implement, and Committee leadership worked with
committees of jurisdiction to introduce legislation. Examples include the
Improving Government for America’s Taxpayers Act, which required the
Government Accountability Office to report on ways Congress could help to
implement the agency’s highest priority recommendations,15 as well as H. Con.
Res. 116, which would establish a Congressional Evidence-Based Policymaking
Commission to recommend ways to make the legislative process more
data-driven.16 The Committee also obtained the House’s endorsement of 28
recommendations during the 116th Congress through a nonbinding resolution,
the previously-discussed H. Res. 756.
Other recommendations necessitated changes in House scheduling
practices, floor procedure, or committee practices. Committee staff held
discussions with the appropriate decisionmakers to advocate for these
recommendations. This power-of-persuasion approach led to the adoption of
numerous recommendations including regulations from the Committee on
House Administration that enhanced the ability of staff to receive full student
loan repayment program amounts and allowed committees to pay their
interns. Modernization Committee staff also met with staff at other
committees to discuss ways to implement alternative hearing formats like
roundtables and open questioning periods that promote collaboration and
factfinding over posturing.
2.3 – Inside Stakeholders: Members and Staff
As in the 116th Congress, the Modernization Committee kicked off the
117th Congress with a Member Day hearing to learn what reform issues
members care about most. Twenty-five members, Democrats and Republicans,
testified and shared a wide variety of ideas to improve and modernize the
legislative branch. Some of the topics members addressed included: adjusting
the schedule and calendar to ensure that members have more time to hear
14. This increase was secured in the House version of the FY2023 appropriations legislation. As of
See
November 18, 2022, the appropriations process has not yet been completed.
15. See
Chair Kilmer introduced H.R. 7331, the Improving Government for America’s Taxpayers Act, along with
Vice Chair Timmons as an original co-sponsor. This bill passed the House unanimously in July 2022 and
strengthened GAO reporting requirements for its priority recommendations so that such
recommendations could receive greater visibility and attention from Congress. [Senate action still
pending as of November 18, 2022.]
16. See
H. Con Res. 116, “Establishing the Commission on Evidence-based Policymaking to review, analyze,
and make recommendations to Congress to promote the use of Federal data for evidence-building
and evidence-based policymaking, and for other purposes.” https://www.congress.gov/bill/117th-
congress/house-concurrent-resolution/116/titles?q=%7B%22search%22%3A%5B%22%22%5D
%7D&r=1&s=1
42
from constituents; continuity of Congress; staff recruitment, retention, and
diversity; civility; and technology and updated cybersecurity.17 The Committee
addressed these issues in hearings and through recommendations over the
course of the 117th Congress.
“In my first 3 months in office I found a number of constraints
within Congress that limit our capacity and effectiveness, and this
isn't exclusive to technological constraints.”
-Rep. Sara Jacobs (D-CA)
“Members on both sides of the aisle have definitely grown
frustrated with the constant changes in the House schedule.
These changes can make it difficult for Members to meet their
constituents and to visit the already struggling small businesses
in each district. A more reliable floor schedule, which doesn't
change on a whim but actually allows us to better serve our
constituents, I think would serve us all well.”
-Rep. Steve Scalise (R-LA)
“There are some members who have retained staff for many
years, if not for decades. I suggest that, in addition to an increase
in the MRA, the Committee identify these members, such as Betty
McCollum, and hold listening sessions with them to ascertain the
best practices that they have used to produce remarkable staff
retention rates. The Committee can then generate and distribute
a best practices report and provide that information to other
members.”
-Rep. Hakeem Jeffries (D-NY)
The Committee also dedicated more staff resources to member
outreach and services during the 117th Congress. This ensured that every time
a member mentioned a reform idea to the chair, vice chair, or a member of the
Committee, or whenever a member office reached out to the Committee to
share an idea, the Committee followed up. Over the course of the 117th
Congress, the Committee tracked and followed up on 283 individual
recommendation ideas or requests from members and staff. In some cases, the
Committee was able to assist members and staff by sharing existing resources
or connecting them with someone within the institution who could address
their request. When staffers asked about a better onboarding process for new
employees, the Committee was able to share with them the onboarding tools
in the new CAO Human Resources Hub, as well as the New Staff Orientation
developed by the Congressional Staff Academy.
17. See Member Day: Hearing before the Select Committee on the Modernization of Congress, 116th
Cong. (2021). https://modernizecongress.house.gov/committee-activity/hearings/04/08/2021/
member-day-hearing
43
The Committee also used ideas from members and staff to inform which
topics to include in its hearing agenda and formulated questions for witnesses
based on the input it had heard from the broader congressional community.
After hearings, Committee staff followed up with offices to inform them of
what the Committee had learned about the topic they raised and what, if any,
action(s) would be taken to address the issue. For example, creating a better
system for transitioning casework to new members, an issue that was brought
up at a staff listening session, was used to help frame discussion during the
Committee’s February 2, 2022, hearing entitled, “Congress Back Home:
Modernizing District Office Operations.” In other instances, ideas led to direct
Committee action and new recommendations, such as the request for access
to Wi-Fi in district offices which came directly from a staff listening session. In
this case, the Committee worked with House Information Resources on
creating a pilot program in four district offices across the country and
subsequently passed a recommendation to expand this program to all district
offices.
Ongoing, direct contact between members and staff and the Committee
helped the Committee stay current with the issues that mattered most to
people working inside the institution. Keeping the lines of communication
open, and providing this level of service and follow-up, was key to
understanding the diverse range of challenges members face working in
Congress and to ensuring member and staff priorities were being addressed in
real-time.
Another important way the Committee received member feedback was
through bipartisan dinners focused on topics connected to the Committee’s
agenda. “Breaking bread” with colleagues provided valuable opportunities for
sharing experiences and thoughts, and for affording members an informal
opportunity to get to know one another on a more personal level. During the
117th Congress, the Committee hosted a dinner with former Representatives
Bob Walker (R-PA) and Vic Fazio (D-CA) to learn more about their
experiences serving in Congress during the 1990s, when the House passed a
number of rules reforms and other measures. The conversation provided a
historical perspective on how Congress has changed over the past 30 years.
The Committee also hosted a bipartisan dinner featuring former Democratic
and Republican leadership staff. These longtime staffers shared a wealth of
institutional knowledge and offered their perspectives on potential
recommendations that were worth pursuing such as schedule and calendar
reforms and ways to empower rank-and-file members in the legislative
process. In addition to hosting a bipartisan “listening session” dinner for
first-term members, the Committee also hosted a listening session dinner for
departing members. Hearing from incoming and outgoing members provided
the Committee with a broad view of the challenges members face at different
points in their congressional careers. Another bipartisan dinner focused on
different approaches to improving the congressional schedule and calendar.
44
These dinners are another example of the Committee leading by
example. In the 117th Congress, the Committee passed a recommendation that
would provide committees flexibility to host occasional events to foster
collaboration and further develop working relationships among committee
members. This recommendation (#122) led to House handbook changes by
the Committee on House Administration and has already begun to be put to
good use by committees—namely, the Committee on Energy and Commerce
under the leadership of its Chair, Rep. Frank Pallone (D-NJ), and Ranking
Member, Rep. Cathy McMorris Rodgers (R-WA). By spending more informal
time together during and outside of work hours, members can build stronger
bipartisan personal and professional relationships.
The Committee also conducted outreach to various member groups to
brief members on previous recommendations and to solicit ideas on issues to
address before the end of its tenure. The Committee was able to hear different
perspectives on the unique challenges affecting various groups of members
and learn about their experiences serving in Congress and navigating the
legislative process. Briefings were conducted with the New Democrat
Coalition, Congressional Progressive Caucus, Problem Solvers Caucus,
Democratic Policy and Communications Committee, Blue Dog Coalition, and
Republican Governance Group.
Hearing from congressional staff serving in different roles across the
institution was equally important to the Committee’s mission. Staff are an
integral part of the engine that powers Congress and have a unique
perspective on many of the institution’s operations and mechanisms. Their
direct experience with everything from human resources to technology to
constituent relations is invaluable and greatly informed the Committee’s
understanding of many of the issues in its mandate. Committee staff hosted
bipartisan dinners and informal gatherings for staff. One such dinner featured
author Amanda Ripley, who spoke with staff about her work focused on
conflict resolution. The discussion gave staff an opportunity to share their
experiences working in a highly partisan environment and to offer thoughts on
how to connect with their colleagues across the aisle.
The Committee also held regular listening sessions with staff, as well as
separate “brown bag” discussions. Some of these sessions were targeted at
particular staff (for example, chiefs of staff or legislative correspondents) and
some were open to staff at all levels, serving in all positions. In all, the
Committee heard from over 1,500 House staffers in the 117th Congress, via 24
“brown bag” discussions and 14 listening sessions.
The Committee launched the staff listening session series to receive
input and feedback from congressional staff on what aspects of House
operations and procedures could be improved. During the 14 listening
sessions, the Committee heard directly from staff located in Washington, D.C.,
45
and district offices throughout the country. The discussions contributed to the
development of the Committee’s bipartisan recommendations to improve
district office operations, increase retention among House staff, and create a
more efficient, effective institution.
Event Name Date Attendance
Legislative Correspondents 7/8/2021 22
Legislative Assistants 7/9/2021 10
Legislative Directors 7/12/2021 14
Comms/Press Staff 7/13/2021 11
Chiefs of Staff 7/14/2021 8
Schedulers/Ops Directors/Drivers 7/15/2021 18
Clerks 8/19/2021 6
ECMO/Caucus Staff 3/23/2022 6
Digital Staff 3/25/2022 70
Committee Staff 3/28/2022 33
District Director 4/1/2022 21
District Staff Town Hall 5/12/2021 85
All House Staff 6/24/2022 32
Congress.gov 6/10/2022 50
The “brown bag” discussions were designed to provide information to
staff on available resources to help them succeed in their roles and better
serve the American people. These discussions informed congressional staff
about new and existing resources available to them that could support their
work. Presentations focused on how to better utilize the Congressional
Research Service, U.S. Government Accountability Office, the new Office of
the Whistleblower Ombuds, and in-house opportunities for professional
growth through the Chief Administrative Officer’s Staff Academy.
The Committee also developed resources for congressional offices,
including a “Staff Retention Brief.”18 As part of its investigation into House
staff retention, the Committee surveyed 21 House offices with the lowest staff
turnover from 2001-2019, a sample that included both Republican and
Democratic offices, to learn from those offices that have seen success in their
efforts to retain staff. An electronic survey was sent to the chief of staff in
each office. In total the Committee received a response from 15 offices. The
survey results were used to develop the Staff Retention Brief, and the
Committee hosted a virtual panel19 on October 13th, 2021, that further
explained best practices and experiences from each office. The panel featured
18. Select Committee on the Modernization of Congress. (2021). Staff Retention Brief.
https://modernizecongress.house.gov/imo/media/doc/Staff%20Retention%20Brief%20FINAL(1).pdf
19. Select Committee on the Modernization of Congress. (2021, October 13). Staff retention panel.
[Video]. YouTube. https://www.youtube.com/watch?v=0VRKP1fb0CA&t=2s
46
Event Name Date Attendance
Tech in Congress 4/23/2021 32
Interns and Fellows Recruitment, Diversity, and
Retention 4/30/2021 100
Congressional Staff Recruitment, Diversity, and
Retention 5/7/2021 100
Supporting Congressional Staff in the Current
Environment 5/21/2021 30
Increasing Accessibility for Staff 6/4/2021 20
Personal Finance and Money Management for
Congressional Staff 6/11/2021 60
Staff Academy Trainings 7/9/2021 21
Staff Academy Video and Digital Tools 7/16/2021 73
House Recording Studio 101 8/13/2021 25
Recruiting, Hiring & Onboarding Diverse Candidates 9/10/2021 75
Tech on the Hill 10/8/2021 40
GAO services 10/15/2021 49
Tech off the Hill 10/29/2021 28
ModCom Recommendation Implementation Update 1/28/2022 42
Improving your Office Onboarding Process 2/11/2022 121
How CAO Customer Advocates Support DC and
District Teams 2/25/2022 30
Working with Whistleblowers 3/4/2022 36
Innovations in Constituent Engagement 3/11/2022 41
Harnessing the HR Hub 3/25/2022 51
Office Management Tools 4/8/2022 53
Botanic Garden and Office Plants 4/22/2022 42
Caucuses and Coalitions 5/6/2022 46
MRA Misconceptions: Part 1 6/3/2022 80
MRA Misconceptions: Part 2 6/17/2022 39
Legal Trainings for House Staff 7/8/2022 66
Working with CBO 7/22/2022 47
chiefs of staff from the offices of Rep. Bryan Steil (R-WI), Rep. Colin Allred
(D-TX), Rep. William Timmons (R-SC), and Rep. Andy Levin (D-MI) all of whom
contributed to the Committee’s Staff Retention Brief.
The Committee collaborated with Braver Angels, a cross-partisan
citizens organization, to create and host trainings for congressional staff,
including multiple workshops on handling difficult constituent phone calls
designed for staff assistants, interns, and any other staffer who regularly
answers office phones. The events covered a variety of common situations
such as callers who refuse to hang up, callers in distress, or callers asking rude
or personal questions. The Committee and Braver Angels worked to create
focus groups to consult with interns and staff assistants to come up with the
material for these workshops.
47
Snapshots from the Modernization Committee Staff Retenton Brief.
The Committee also collaborated with Braver Angers and Faith & Law
on a series entitled, “Congressional Staff Training: Working Across the Aisle.”
These workshops taught skills for staffers to connect with staff members with
different perspectives and to have productive conversations about issues that
are important to them. They focused on the complementary skillsets of
“Listening to Understand,” or skills for listening to an opposing viewpoint with
a goal of understanding rather than refuting, and “Speaking to Connect,” or
strategies that help individuals more easily hear and connect with a different
perspective.
Another way the Committee learned about staff needs was through
interacting with numerous Congressional Staff Organizations. These groups
are associations created by House and Senate employees to facilitate better
interaction among congressional staff. After hearing through listening sessions
that district-based staffers wanted more opportunities to interact with official
Congressional Staff Organizations and that D.C. staffers and interns felt
disconnected from the Hill community during the COVID-19 pandemic, the
Committee hosted staff association fairs in the fall of 2021 and 2022. The two
virtual fairs were hosted via Zoom and allowed participants to hear from and
ask questions about different staff associations during breakout room
sessions. The in-person fair held in 2022 allowed attendees to interact with the
various staff association representatives. The Committee also assembled a list
of all staff associations with a description, contact information, social media,
and websites to serve as an additional resource for staff and interns.20
An additional – and highly unusual – way the Committee engaged with
congressional staff was by inviting them to testify before the Committee,
including a few instances when current staff testified in front of their
20. Select Committee on the Modernization of Congress. (2022). Staff association descriptions.
See
https://modernizecongress.house.gov/imo/media/doc/Staff%20Association
%20Descriptions%20(1).pdf
48
employing member. Staff expertise is immensely valuable to members, but it is
rarely recognized in a public setting. Given the nature of the issues the
Committee addressed, asking current staff to share their expertise and
recommendations for improving and modernizing Congress made good sense.
Staff witnesses who testified before the Committee include:
⚫ Phoebe Ball, Disability Counsel for the House Education and Labor
Committee, testified in the Committee’s May 27, 2021, hearing on Making
the House More Accessible to the Disability Community.
⚫ Wendy Ginsberg, Ph.D., Staff Director on the Government Operations
Subcommittee on the House Committee on Oversight and Reform,
testified in the Committee’s October 21, 2021, hearing on Modernizing
the Congressional Support Agencies.
⚫ Danielle Radovich Piper, Chief of Staff for Congressman Ed Perlmutter
(D-CO), testified in the Committee’s February 16, 2022, hearing on
Modernizing District Offices.
⚫ Sarah Youngdahl, District Director for Congressman Guy Reschenthaler
(R-PA), testified in the Committee’s February 16, 2022, hearing on
Modernizing District Offices.
⚫ Kevin McCumber, Deputy Clerk of the U.S. House of Representatives,
testified in the Committee’s April 28, 2022, hearing on Modernizing the
Legislative Process.
⚫ Noah Wofsy, Deputy Legislative Counsel for the U.S. House of
Representatives, testified in the Committee’s April 28, 2022, hearing on
Modernizing the Legislative Process.
⚫ Stephen Dwyer, Senior Advisor to House Majority Leader Steny Hoyer,
testified in the Committee’s June 23, 2022, hearing on Congress and
Technology.
In addition to these current congressional staffers, the Committee heard
from many witnesses who formerly served as staff in Congress. Their
experience brought valuable expertise to the Committee’s hearings.
2.4 – Outside Stakeholders: Fix Congress Cohort and
Additional Reformers
In early 2015, a group of former congressional staff began meeting to
discuss their shared concern about the steady decline in Congress’s capacity
to fully exercise its Article I authority. These Democrats and Republicans, many
of whom had spent decades working on Capitol Hill, were interested in finding
ways to reverse that trend and agreed to pool their expertise in hopes of
charting a path forward.
The group first agreed on a set of reforms for which to advocate, and
then on mechanisms for addressing those reforms. Guided by a deep
understanding of previous congressional reform efforts, the group focused on
49
precedent and initially pushed for a new Joint Committee on the Organization
of Congress. They believed that such a committee could offer members,
particularly junior members, a way to take ownership of the work that would
be required to strengthen the institution. The belief was that this kind of
self-directed approach would be better received than an effort directed from
outside of Congress.
Four years and countless hours of advocacy later, the Modernization
Committee was established with the passage of the House rules package at
the start of the 116th Congress.21
The ecosystem of congressional reform experts and organizations that
coordinated around the Committee to actively support its work was
instrumental to the Committee’s formation, its renewal, and its success in
generating and passing recommendations. Nicknamed the “Fix Congress
Cohort,” the network grew out of the original group of former staffers and
included more than 30 individuals and organizations from academia, think
tanks, nonprofits, and more. The Cohort was informal in its organization, but
tightly connected by a shared commitment to a more functional and effective
Congress. Members possessed policy expertise in a wide range of areas
relative to the Committee’s mandate, including technology and data, staff
recruitment and retention, staff diversity, civility, continuity, and civic
engagement.
Collectively and individually, Cohort members have been an invaluable
resource to the Committee. They have shared relevant resources and research,
provided or helped identify expert witnesses, and suggested potential
recommendations for the Committee to consider. This kind of constructive
engagement between reform committees and advocacy groups is historically
rare, particularly because the engagement was fully bipartisan.
Indeed, Fix Congress Cohort members represented views from across
the political spectrum. Like the Committee, the group also had to work to find
common ground. The ability of Cohort members to provide the Committee
with perspectives from the right and left helped members and staff better
understand the political complexity of some of the issues the Committee
addressed and identify potential ways to bridge divides. The Cohort also
provided information that helped the Committee gauge how some of its work
would be received across a range of ideological perspectives.
In order to facilitate regular engagement between the Cohort and the
Committee, the Committee regularly updated Cohort members via briefings
featuring either Chair Kilmer and Vice Chair Timmons or the Committee’s staff
directors. These briefings gave the Committee an opportunity to update the
21. Adopting the Rules of the House of Representatives for the One Hundred Sixteenth Congress, and for
See
other purposes, H.Res.6, 116th Cong. (2019). https://www.congress.gov/bill/116th-congress/house-
resolution/6/text
50
Diane Hill, Senior Manager at the Partnership for Public Service and member of the
Fix Congress Cohort, testifies before the Modernization Committee.
Cohort on its agenda, seek feedback, and provide updates on implementation
efforts. Importantly, this form of engagement demonstrates how outside
stakeholders can support a committee’s work in constructive and productive
ways.
One important way the Cohort supported the Committee was by
amplifying its work in various forums. Cohort members did podcasts
highlighting the Committee’s work (for example, the American Enterprise
Institute’s “Understanding Congress” podcast; the Bipartisan Policy Center’s
“Congress that Works” podcast; and the Partnership for Public Service’s
“Center for Presidential Transition” podcast, to name a few). Cohort members
also organized roundtable discussions and webinars around the Committee’s
agenda, and hosted issue-focused events that highlighted the Committee’s
recommendations, implementation efforts, and unique operating procedures.
Examples of such events include:
⚫ The Project on Government Oversight, Demand Progress and Lincoln
Network’s “Technology and Oversight” seminars
⚫ Multiple “Intern-Palooza” intern orientation programs hosted by PopVox
⚫ R Street and Protect Democracy’s joint program on “Article One” for new
members and staff
51
⚫ The National Institute for Civil Discourse’s “Common Sense American”
national town hall meeting on the Committee’s recommendations
Cohort members also published articles, op-eds, and research reports
promoting the Committee’s efforts in media outlets around the country. These
independent efforts helped to increase awareness of the Committee’s work on
a broader level, to audiences inside and outside the Beltway.
While not all Cohort members engaged in advocacy efforts (for some
nonprofit groups, direct advocacy work is prohibited), a subset supported
implementation of the Committee’s recommendations. In the 116th Congress,
many members supported passage of H. Res. 756, the Moving Our Democracy
and Congressional Operations Towards Modernizing Resolution, which
included nearly 30 of the Committee’s recommendations. Cohort members
also supported funding the Committee’s recommendations in the FY 2022 and
2023 Legislative Branch Appropriations bills.
While the Fix Congress Cohort was a fixture throughout the
Committee’s four-year run, the Committee also benefited from the expertise of
the American Political Science Association’s Congressional Reform Task Force,
which brought together academic experts and individuals from across the
think tank and advocacy community to consider and make recommendations
for modernizing Congress.22 The Committee understands that the Task Force
was established to complement the work of the Modernization Committee and
placed special emphasis on the same topics referred to in the Committee’s
mandate.23
During the 116th Congress, the Committee hosted a series of virtual
discussions with invited guests from the Congressional Reform Task Force
who presented research and recommendations on issues like staff diversity
and retention, congressional capacity, and technology. Members of the Task
Force continued to engage with the Committee during the 117th Congress,
providing expertise and witness testimony. The Task Force wrapped up its
work with the publication of a final report containing a series of
recommendations focused on six categories of challenges facing Congress.24
Additionally, in both the 116th and 117th congresses, the American Political
Science Association sponsored several fellows through its Public Service
Fellowship, a mid-career educational opportunity for the selected fellows who
were also able to provided research assistance and expertise to the
Committee as it conducted its business.
22. Some individuals were affiliated with both the Cohort and the Congressional Reform Task Force.
See
23. See page 5, American Political Science Association Congressional Reform Task Force. (2019, October).
Task force report. https://www.apsanet.org/Portals/54/APSA%20RPCI%20Congressional%20Reform
%20Report.pdf?ver=2020-01-09-094944-627
24. American Political Science Association Congressional Reform Task Force. (2019, October). Task force
See
report. https://www.apsanet.org/Portals/54/APSA%20RPCI%20Congressional%20Reform
%20Report.pdf?ver=2020-01-09-094944-627
52
2.5 – Learning from Other Legislatures
Throughout its tenure the Committee has sought to learn best practices
from other legislatures that face similar capacity and modernization
challenges. For example, representatives from the National Conference of
State Legislatures and staff from several state legislatures routinely shared
information with the Committee about state-level legislative operations and
also testified in several Committee hearings. While the U.S. Congress is unique
in many ways, the Committee knew that learning from peer institutions would
still be beneficial. That is why, in September 2022, the Committee took the
unusual and historic step of sending a congressional delegation (CODEL)
abroad to learn and share modernization best practices and experiences with
the European Parliament (EP) and the U.K. House of Commons (HC).
(From left to right) Vice Chair Timmons, Rep. Perlmutter, and Rep DeSaulnier meet
with Sir Lindsay Hoyle (Speaker of the UK House of Commons).
This fact-finding mission covered many topics contained in the
Committee’s jurisdiction including concerns about recruiting and retaining
talented staff as well as scheduling for committees. CODEL members,
including Vice Chair Timmons and Committee member, Rep. Ed Perlmutter
(D-CO), learned that the EP and HC faced similar operational challenges in
responding to the COVID-19 pandemic and a public that is unsure if their
legislative bodies can meet the needs of the current moment.
A major theme brought up by representatives of both the EP and HC
was that their governments, like ours, were engaged in ongoing efforts to
strengthen transparency and accountability of their institutions in order to
build greater trust among their respective constituencies. For example, the EP
is currently engaged in an effort to build “Parlamentariums,” similar to visitor
centers, in each of the European Union’s member states.25 That way, citizens
who are unable to visit Brussels are still able to learn about and engage with
the EP.
25. European Parliament. (n.d.). Visiting European Parliament. https://visiting.europarl.europa.eu/en/
See
visitor-offer/brussels/parlamentarium
53
Committee members and staff stand outside the European Parliament
Parlamentarium in Brussels.
The information gathered on the CODEL also actively contributed to the
work of the Committee, influencing the development and passage of several
new recommendations. In particular, the background knowledge and vision for
what a future with these modernization practices in place would look like
contributed to the generation of Recommendations #180, #186, #188, #189,
and #192, #198. Likewise, the forging of relationships with modernization
partners at peer institutions will prove highly important to the future of
modernization in the U.S. House after the Committee dissolves. The CODEL
was key to identifying the offices and individuals with whom the House should
continue to engage as it seeks to implement the Committee’s
recommendations and identify potential areas for future modernization
efforts.
2.6 – The American People
In addition to soliciting reform ideas from members, staff, and other
D.C.-based stakeholders, the Committee wanted to hear ideas from the
American people about how to fix Congress. To accomplish this important
54
goal, Chair Kilmer and Vice Chair Timmons participated in a Deliberative Town
Hall (DTH) organized by the Institute for Democratic Engagement &
Accountability (IDEA) at The Ohio State University.
The Committee chose a DTH rather than an in-person or tele-townhall
for a few reasons. First, standard townhalls are often only attended by
constituents whose views are not necessarily representative of a member’s
entire district. Finding a townhall meeting time or location that works for all
constituents is not possible, so members typically end up interacting with a
smaller subset of constituents. DTHs, by contrast, pull together a
representative sample of constituents so that a diversity of views is
represented. In this case, the Committee opted to hear from a representative
national sample of people rather than a sample from a specific congressional
district or state. Second, DTHs provide data to members about the initial views
of the participants on a subject as well as data about how those views change
after members provide information and discuss policy proposals with
participants. This unique pre-/post-test format can help members better
understand how the public will respond to issues as they learn more about
them and have a chance to ask questions.
On October 6, 2022, Chair Kilmer and Vice Chair Timmons participated
in a DTH with over 1,400 constituents from across the country, 85% of whom
participated for more than an hour of the 90-minute discussion.26 Of those
constituents, 1,300 completed the post-DTH survey, which allowed IDEA to
track the change in opinion among participants about the various issues
discussed.
The Committee worked with the IDEA team to structure the DTH around
a set of issues on which the Committee wanted citizen feedback. Chair Kilmer
and Vice Chair Timmons wanted to hear feedback on issues related to the
Committee’s unique bipartisan approach to its operations and procedures,
including how it conducted hearings and its nonpartisan staffing structure.
They were also interested in hearing whether citizens would support
recommendations previously made by the Committee, such as having more
structured and substantive policy debates on the House floor. Chair Kilmer and
Vice Chair Timmons also sought to use the DTH as an opportunity to
understand citizen opinion on issues like member pay and related issues.
While the Committee did not issue recommendations on all of the issues
discussed, there was interest in seeing whether opinion changed on these
issues once citizens were given additional information. They also asked for
citizen feedback on an “out of the box” idea like expanding the size of the
House. Citizen support for each of these issues increased once the citizens
received more information and were able to ask questions.
26. Considered Public Opinion About Making Congress Work Better. Internal Memo from the Institute for
See
Democratic Engagement & Accountability at The Ohio State University, November 11, 2022.
55
“I applaud everything this committee is doing and how well they
appear to be working with one another. Fixing the institution is
complex and important.”
“This sounds like the most important committee that is ignored in
Washington.”27
Among the takeaways from this activity, IDEA determined that the
Committee and, to some extent, Congress as a whole, “garnered considerably
higher trust and approval among attendees.”28 Participants enjoyed the ability
to engage in a meaningful, substantive, and thorough conversation about
important issues and it made them feel that their voices were truly being
heard, which is often not the case with other forms of constituent
engagement. The chart below depicts the pre-/post-DTH levels of support for
the six issues that Chair Kilmer and Vice Chair Timmons deliberated with the
Participants Increased Their Support for Policies
100%
75%
50% pre
post
25%
0%
Housing Salary House Size Debates Deliberative Hearings
27. Ibid. Comments made by participants in the Deliberative Town Hall.
See
28. Ibid, Page 12.
56
participants. Forums that allow members to engage and deliberate with
representative samples of constituents can provide members with a more
accurate picture of constituent opinion which can then help them as they
develop policy.
2.7 – Conclusion
The Committee’s work to modernize Congress benefited tremendously
from a broad range of experts inside and outside of the institution. These
experts helped members and staff better understand the nuances of complex
issues, generate workable recommendation language, and think through
implementation strategies. They also provided ideas for new
recommendations, based on their own experiences working in Congress or for
other legislatures or organizations that study Congress. By incorporating
wide-ranging expertise into its operational strategy, the Committee was able
to learn as it worked and integrate the most up-to-date knowledge into its
recommendations. This approach was key to ensuring that the Committee’s
work remained forward-looking and focused on making Congress a modern
institution, equipped to handle future challenges.
57
Chapter 3 – Turning Ideas into Action
3.1 – Introduction
In order for Congress to work better for the American people, the
institution needs to be capable of evolving and adapting to meet the needs of
a changing society. The Committee’s 202 recommendations to modernize
Congress are action-oriented and designed to improve and update how
Congress carries out its Article I responsibilities. By drafting targeted
recommendations and working closely with implementation partners, the
Committee worked hard to ensure that its recommendations would actually be
carried out rather than put on a shelf to gather dust. As a result of this
approach, the Committee and its partners have made great progress in turning
recommendations into real change.
In the 116th Congress, the Committee became the first reform
committee in recent history to see its recommendations enacted in legislation
during its tenure. The “Moving Our Democracy and Congressional Operations
Towards Modernization Resolution” (MODCOM Resolution) passed the House
on March 10, 2020, advancing the Committee’s first two packages of nearly 30
recommendations in total.29 The MODCOM resolution mandated studies and
progress reports on implementation of the Committee’s recommendations.
The resolution established a centralized human resources hub and, for the first
time, allowed members-elect to hire and pay one transition staffer to assist
them in preparing to take office in the 117th Congress. At the end of the 116th
Congress, the Committee had fully implemented 14 of its 97
recommendations.30
“It is important to highlight here that our Committee doesn't
make recommendations merely for the purpose of building a
historical record. Rather, we are here to make actual change to
improve how Congress works. And we can do that by following
up on the recommendations we have made and by doing what we
can to ensure that they are implemented.”31
-Vice Chair William Timmons
The Committee’s extension through the 117th Congress allowed it the
time to prioritize implementation of recommendations. Additionally, the
Committee strategically brought detailees from the Government
Accountability Office (GAO) on board to assist with recommendation tracking
29. Moving Our Democracy and Congressional Operations Towards Modernization Resolution, H.Res.756,
See
116th Cong. (2020). https://www.congress.gov/bill/116th-congress/house-resolution/756
30. These 14 are Recommendations #10, #11, #12, #13, #14, #27, #39, #40, #41, #43, #45, #49, #51, and
See
#69.
31. Making Congress work better for the American people: A recommendation status report: Hearing
See
before the Select Committee on the Modernization of Congress, 117th Cong. (2022).
https://modernizecongress.house.gov/imo/media/doc/1.20transcript1.pdf
58
and logging processes. By utilizing the unique skill sets of GAO employees
who are typically tasked with tracking policy reform, the Committee was able
to quickly develop and put into place an effective recommendation tracking
system. An inventory of all recommendations was taken to determine
implementation status as well as the institutional partner(s) responsible for
implementation. The Committee determined various pathways for
implementation including legislation, changes to House rules and regulations,
and changes that could be implemented directly by support agencies,
business offices, and other committees. The Committee then made public the
implementation details for every recommendation passed.32 The first
implementation report was released in January 2022 with periodic updates
provided thereafter. Additionally, on January 20, 2022, the Committee held a
hearing to discuss the progress it had made towards implementation.33 By
holding itself accountable for the implementation of its recommendations, the
Committee differentiated itself from previous reform committees.
By building implementation into its ongoing work, the Committee
developed a unique and productive approach to both drafting and
implementing its recommendations. Implementing partners were included in
the drafting process to ensure that recommendations were actionable and
once the recommendations were passed, the Committee’s partners were
prepared to put them into effect. This dual focus on passing and implementing
recommendations in a rolling fashion reinforced accountability.
3.2 – Implementation of 116th Recommendations in the
117th Congress
As detailed in Chapter 2, generating, and successfully implementing, the
Committee’s recommendations was a collaborative effort involving many
stakeholders in and outside of Congress. Chair Kilmer and Vice Chair Timmons
routinely worked with the Committee on House Administration, the House
Committee on Rules, and the Committee on House Appropriations to advance
or fully implement many of the Committee’s recommendations.
At the beginning of the 117th Congress, several recommendations from
the 116th Congress were implemented or partially implemented through the
House Rules package for the 117th Congress34 and through other policy
32. Select Committee on the Modernization of Congress. (n.d.). Implementation. Retrieved November 3,
See
2022, from https://modernizecongress.house.gov/implementation
33. Making Congress work better for the American people: A recommendation status report: Hearing
See
before the Select Committee on the Modernization of Congress, 117th Cong. (2022).
https://modernizecongress.house.gov/committee-activity/hearings/making-congress-work-better-for-
the-american-people-a-recommendation-status-report
34. Adopting the Rules of the House of Representatives for the One Hundred Seventeenth Congress, and
See
for other purposes, H.Res.8, 117th Cong. (2021). https://www.congress.gov/bill/117th-congress/
house-resolution/8; Summary available at https://rules.house.gov/sites/democrats.rules.house.gov/
files/117-HRes8-SxS.pdf
59
Rep. Williams (D-GA) marks progress on implemented recommendations in the
Modernization Committee office.
changes.35 These recommendations included making the “e-Hopper” a
permanent feature of the House for introducing legislation, permanently
allowing electronic submission of committee reports, expanding the use of
digital signatures, and adding the Office of Diversity and Inclusion to the
standing Rules of the House.
One of the Committee’s most consequential recommendations in the
116th Congress was to reassert Congress’s power of the purse through a
community project funding program. The Committee argued that such a
program should be transparent, publicly accountable, and support meaningful
and transformative investments in local communities across the United States.
The Chair of the Committee on House Appropriations, Rep. Rosa DeLauro
(D-CT), implemented the Committee’s Recommendation #85 by establishing a
Community Project Funding program for fiscal year 2022 (FY2022). Congress
also established new transparency requirements for community project
funding and required the Government Accountability Office (GAO) to annually
review implementation.36 In announcing the establishment of the program and
35. See Cong. Rec. H39 (daily ed. Jan. 4, 2021) (2. Introduction of Bills and Resolutions).
167
https://www.congress.gov/117/crec/2021/01/04/CREC-2021-01-04-house.pdf
36. See GAO’s full FY2022 findings report, see U.S. Government Accountability Office. (2022). Tracking the
For
funds: Specific fiscal year 2022 provisions for federal agencies (Report No. GAO-22-105467).
https://www.gao.gov/products/gao-22-105467
60
new transparency guidelines, Chair DeLauro described the Committee’s
contribution to the process saying, “Members must provide evidence of
community support that were compelling factors in their decision to select the
requested projects. This policy was recommended by the bipartisan House
Select Committee on the Modernization of Congress.”37
Throughout FY2022, the Committee on Appropriations’ Subcommittee
on the Legislative Branch supported modernization efforts by funding the
Modernization Initiatives Account which included funding for bipartisan,
biennial retreats.38 In the fiscal year 2023 cycle (FY2023), the Appropriations
Committee passed legislation that would increase the Modernization Initiatives
Account from $2 million to $10 million.39 This funding can be used to support
numerous technology-focused recommendations including collaborative
legislative drafting and a legislative staff directory.40 The FY2023 bill also
includes funding to overhaul the lobbying disclosure database and encourages
the Chief Administrative Officer (CAO) to provide offices with a single point of
contact for technology.
The Committee on House Administration (CHA) played a central role in
advancing many of the Committee’s recommendations as its jurisdiction
closely overlaps with that of the Committee’s. For example, CHA’s support was
essential in implementing the Committee’s recommendation to allow Eligible
Congressional Member Organizations (ECMOs) to allow interns participating in
the House Paid Internship Program to be eligible for placement with an
ECMO.41 CHA also was responsible for implementing the Committee’s
recommendation to reimburse staff for expenses associated with professional
development and continuing education programs related to their job duties.
By updating language in the Members’ and Committees’ Handbook, CHA put
this new reimbursement policy into effect. Additionally, CHA helped
implement the Committee’s recommendation to improve Congress’s digital
operations by directing the Clerk of the House to change the name of the Bulk
Data Task Force to the Congressional Data Task Force (CDTF). This name
change, along with an expanded mission and role, will allow the CDTF to
continue to evolve and meet the technology and data needs of members, staff,
and the public. Clerk of the House, Cheryl Johnson, highlighted the
importance of the CDTF in testimony before the Committee stating, “ongoing
37. House Committee on Appropriations. (2021, February 26). DeLauro announces Community Project
See
Funding in fiscal year 2022 [Press release]. https://appropriations.house.gov/news/press-releases/
delauro-announces-community-project-funding-in-fiscal-year-2022
38. Originally titled Legislative Branch Appropriations Bill, 2022, see Supreme Court Security Funding Act
See
of 2022, H.R.4346, 117th Cong. (2022). https://www.congress.gov/bill/117th-congress/house-bill/4346
39. The Legislative Branch Appropriations Act for FY2023 includes $10 million for the Modernization
See
Initiatives Account. See Legislative Branch Appropriations Act, 2023, H.R.8237, 117th Cong. (2022).
https://www.congress.gov/bill/117th-congress/house-bill/8237; Provisions of H.R. 8237 had not been
enacted as of November 18, 2022.
40. See H. Rep. No. 117-389 (2022).
41. Resolution to Amend the Eligible Congressional Member Organizations Handbook (“ECMO
See
Handbook”), Committee Resolution 117-08, Committee on House Administration, 117th Cong. (2021).
https://cha.house.gov/sites/evo-subsites/democrats-cha.house.gov/files/Committee%20on%20House
%20Administration%20Resolution%20117-08%20ECMO%20Adopted.pdf
61
collaboration has been positive for our office, other legislative branch
organizations, legislative stakeholders, and data transparency groups,
ultimately leading to technological advances in how legislative data are made
public.”42
The CAO also played an important role in implementing a large portion
of the Committee’s recommendations. As directed by the MODCOM
resolution, the CAO established a Human Resources Hub to provide access to
best practices, tips, tools, and customizable templates for member offices. The
HR Hub also provides information on salary ranges for each staff position,
implementing the Committee’s recommendation to establish voluntary pay
bands for staff. Additionally, to further help onboard and train new staff, CAO’s
Staff Academy began offering all day, comprehensive orientation for newly
hired staff.
The CAO also launched the Congressional Member Leadership
Development Program to assist in developing the next generation of
congressional leaders. Chief Administrative Officer, Catherine Szpindor,
discussed the program at the Committee’s January 20, 2022, hearing:
“The CAO is implementing the Select Committee’s
recommendation to create a Congressional Leadership Academy
to offer training specifically for members. As we prepare to roll
out this new program, the CAO is currently hiring and training a
diverse team of world-class leadership consultants to work with
members on the leadership, management, and resiliency skills
necessary to thrive in our challenging and dynamic
environment.”43
One of the Committee’s implemented recommendations that will
improve efficiencies in House operations is the creation of the House Digital
Service (HDS). The HDS will be a key player in implementing many of the
Committee’s technology-focused recommendations. The Digital Service is an
in-house team of technology experts skilled in customer relations and business
analysis, design, and implementation. In testimony before the Committee,
Catherine Szpindor announced the launch of the HDS saying:
42. Making Congress work better for the American people: A recommendation status report: Hearing
See
before the Select Committee on the Modernization of Congress, 117th Cong. (2022) (testimony of
Cheryl L. Johnson). https://modernizecongress.house.gov/imo/media/doc/clerk_written_testimony.pdf
43. Making Congress work better for the American people: A recommendation status report: Hearing
See
before the Select Committee on the Modernization of Congress, 117th Cong. (2022).
https://modernizecongress.house.gov/imo/media/doc/1.20transcript1.pdf
62
“The Select Committee has issued several recommendations
related to improving member access to innovative technology
tools that enhance their offices’ operations. In response to these
recommendations, the CAO is building an innovative House
Digital Service team of technology experts skilled in customer
relations and business analysis, design, and implementation. Our
intention is to leverage fellows from other agencies and the
private sector – as appropriate – and expand the House Digital
Service team over time.”44
Chief Administrative Officer Catherine Szpindor testifies before the Committee.
While the Committee was broadly focused on finding ways to make the
institution more effective and efficient, another key focus was transparency. In
fact, the first five recommendations the Committee passed in May 2019 were
focused on improving transparency. To implement these recommendations,
the Committee worked closely with the Office of the Clerk.
44. Making Congress work better for the American people: A recommendation status report: Hearing
See
before the Select Committee on the Modernization of Congress, 117th Cong. (2022) (testimony of
Catherine L. Szpindor). https://modernizecongress.house.gov/imo/media/doc/
cao_written_testimony.pdf
63
In October 2022, the Clerk announced the release of a comparative print
tool, which will help members and staff easily compare different versions of
amended legislation.45 Status reports provided to CHA by the Clerk show
progress toward implementing the Committee’s recommendation to
standardize formats for legislative documents. Standard formats will allow the
public to access more data and documents online and, over time, in bulk and
machine-readable formats. The Office of the Clerk advanced additional
Committee recommendations by releasing two requests for information, one
on establishing a committee vote database and another on a technology
solution to improve committee scheduling.46 A committee vote database will
ensure committees use a standardized process for reporting committee vote
information, which will provide the public with greater insight into how their
member voted throughout the legislative process.
The Committee’s success would not have been possible without the
ongoing support of House Leaders including the Speaker Pelosi, Majority
Leader Hoyer, Majority Whip Clyburn, Minority Leader McCarthy, and the
Minority Whip Scalise. For example, on August 12th, 2021, House Leadership
moved to implement the Committee’s recommendation to delink staff and
member pay.
This increased the maximum allowable compensation for senior House
staff from $173,900 to $199,300 to help bolster retention. As Speaker Pelosi
stated, “A key priority for strengthening the Congress so that it can best serve
the American people is ensuring that our offices and committees have access
to the best talent in America.” Then, on May 6, 2022, the Speaker again raised
the staff compensation cap to $203,700 and established a staff pay minimum
of $45,000.47 As the table below shows, prior to these actions maximum staff
pay had been stagnant for more than a decade.48 And as discussed in Chapter
4, pay is one of the most commonly cited factors for why senior staff leave
congressional service.
LEGISLATION
In September 2022, Chair Kilmer and Vice Chair Timmons, along with
Chair Lofgren and Ranking Member Davis from the Committee on House
Administration, introduced a resolution (MODCOM II) to advance 32
recommendations, 14 of which were passed in the 116th Congress and 18 from
45. Also referred to as the “Posey Comparative Print Project”, named for Rep. Bill Posey (FL-15) who
See
introduced a House Resolution to establish the project in the 115th Congress.
46. See
Office of the Clerk of the U.S. House of Representatives. (2022). Sources sought: Committee
scheduling solutions. https://www.house.gov/sites/default/files/2022-01/Committee-Scheduling-
Source-Sought.pdf
47. Office of the Speaker of the U.S. House of Representatives. (2022, May 6). Dear colleague to all
See
Members on increasing congressional staff salaries [Press release]. https://www.speaker.gov/
newsroom/5622
48. Petersen, E. R., Wolanin, T. L. (2022, September 29). Staff pay, selected positions in Senators’ offices,
See
FY2001-FY2021 (CRS Report No. R44324). https://crsreports.congress.gov/product/
details?prodcode=R44324
64
Table 1. Annual Maximum Pay for Staff In House Members’ Offices,
2001-2022
Constant Constant
Year Nominal $ 2022 $ Year Nominal $ 2022 $
2001 $140,451 $228,677 2012 $168,411 $211,507
2002 $145,226 $232,771 2013 $168,411 $208,454
2003 $149,728 $234,639 2014 $168,411 $205,126
2004 $153,022 $233,581 2015 $168,411 $204,883
2005 $156,848 $231,575 2016 $168,411 $202,331
2006 $159,828 $228,601 2017 $168,411 $198,110
2007 $159,828 $222,270 2018 $168,411 $193,387
2008 $163,795 $219,364 2019 $168,411 $189,945
2009 $168,411 $226,352 2020 $173,900 $193,746
2010 $168,411 $222,699 2021 $199,300 $212,081
2011 $168,411 $215,884 2022 $203,700 $203,700
Source: 2 U.S.C. 4532 note, CRS calculations. Detailed information about data sources is available above in
“Data Tables and Visualizations.”
the 117th Congress.49 Recommendations included identifying a bipartisan
meeting space for members, encouraging bulk purchasing of equipment, and
examining and updating the formula used to authorize funding for member
office budgets. Chair Kilmer and Vice Chair Timmons also introduced
legislation to update the cadence of House staff pay (H.R. 8827),50 expand
Congress’s role in implementing GAO priority recommendations (H.R. 7331),51
and with Committee members Rep. Dean Phillips (D-MN) and Rep. Dave Joyce
(R-OH), introduced legislation to establish a Commission for Evidence-based
Policymaking to promote the use of data in policymaking (H. Con. Res. 116).
In the 117th Congress, additional legislation has been introduced that, if
enacted, would advance or implement the Committee’s recommendations:
⚫ H.R.8237 - Legislative Branch Appropriations Act, 2023 and
accompanying report H. Rept. 117-389
Approved by the Committee on Appropriations in June 2022, the bill
and accompanying report language funding the Legislative Branch for FY2023
would, if enacted, advance implementation of 23 of the Committee’s
49. Moving Our Democracy and Congressional Operations Towards Modernization Resolution of 2022,
See
H.Res.1331, 117th Cong. (2022). https://www.congress.gov/bill/117th-congress/house-
resolution/1331/
50. Staff Salary Schedule Improvement Act, H.R.8827, 117th Cong. (2022). https://www.congress.gov/bill/
See
117th-congress/house-bill/8827
51. Improving Government for America’s Taxpayers Act, H.R.7331 (2022). https://www.congress.gov/bill/
See
117th-congress/house-bill/7331
65
recommendations. Most notably, the legislation would provide $10 million (an
increase from $2 million) for the Modernization Initiatives Account, which
support offices could leverage to support a range of modernization activities.
⚫ H.Con.Res.44 - Fiscal State of the Nation Resolution
Passed by the House in November 2021, this legislation would instruct
the House and Senate Committees on the Budget to convene a joint hearing
annually to receive a presentation from the Comptroller General on the
financial position and condition of the federal government. If enacted, this
legislation would implement Committee Recommendation #86, which called
for an annual Fiscal State of the Nation.
⚫ H.R.6079 - Congressional Subpoena Compliance and Enforcement Act
Introduced by Rep. Madeleine Dean (D-PA) and referred to the
Committee on the Judiciary in November 2021, this legislation would establish
standing for the House, Senate, and committees or subcommittees thereof to
enforce compliance subpoenas under expedited court consideration. The bill
would also set forth penalties that could be assessed against recipients who
do not comply. Collectively, this legislation would, if enacted, implement
Committee Recommendation #82 (“Facilitate a true system of checks and
balances by ensuring the legislative branch is sufficiently represented in the
courts”).
ADVOCACY
“The [Select Committee’s] implementation success story is due in
large part to the hard work of our numerous partners in the
House, including this Subcommittee…[m]aking Congress work
better for the American people is a worthwhile investment.”52
-Chair Kilmer to House Appropriations Subcommittee on the
Legislative Branch
Chair Kilmer and Vice Chair Timmons promoted the Committee’s
recommendations before colleagues at the House Budget Committee,53 House
Rules Committee,54 and the Committee on House Appropriations55 during
Member Day hearings. Testimony at these hearings made the case for budget
process reform recommendations, updates to House Rules, and the
52. Member Day: Hearing before the Subcommittee on the Legislative Branch, House Committee on
See
Appropriations, 117th Cong. (2022) (testimony of Rep. Derek Kilmer). https://docs.house.gov/
meetings/AP/AP24/20220518/114797/HHRG-117-AP24-Wstate-K000381-20220518.pdf
53. See2022 Budget Priorities: Members’ Day: Hearing before the House Committee on the Budget, 117th
FY
Cong. (2021). https://www.govinfo.gov/content/pkg/CHRG-117hhrg44494/pdf/CHRG-
117hhrg44494.pdf
54. Members’ Day hearing on proposed rules changes for the 117th Congress: Hearing before the House
See
Committee on Rules, 117th Cong. (2020). https://www.congress.gov/event/116th-congress/house-
event/111067
55. Fiscal year 2023 Member Day: Hearing before the House Committee on Appropriations, 117th Cong.
See
(2022). https://appropriations.house.gov/events/hearings/member-day-14
66
above-described requests for appropriations funding and report language,
respectively. The Committee also engaged informally with other committee
chairs and staff to promote recommendations aimed at modernizing
committee operations and expanding bipartisan committee functions.
“The congressional budget appropriations process, as it stands
today, is in desperate need of reform. Delays and, worse, inaction
have become the norm. The unfortunate results are not just
ineffectiveness and lack of accountability of Congress, they are
increased delays throughout Congress as a whole and strained
relationships with the executive branch. Vital legislation is forced
to the sidelines as we hurriedly try to fund the government
through omnibus bills and CRs. And without on-time individual
appropriates bills, federal programs and agencies are hamstrung
by the uncertainty of future funding.”56
-Vice Chair William Timmons to Budget Committee
3.3 – Status of Recommendations
Through the efforts and actions described above, 82% (80 of 97) of the
Committee’s recommendations from the 116th Congress have either been fully
implemented or have seen meaningful action toward implementation. Of
these, 32 have been fully implemented or resolved, while 48 have seen partial
progress. For the 105 recommendations made during the 117th Congress, 11
have been fully implemented or resolved, and 41 have seen partial progress.57
The Committee assigned status categories to each of the recommendations to
reflect their varying degrees of progress toward implementation:
⚫ Closed-Implemented: An entity has taken action pursuant to a
recommendation that addresses the problem that prompted the
recommendation.
⚫ Closed-Resolved: An entity has taken action or provided additional
information independently of the literal recommendation but that still
addresses the problem that prompted the recommendation.
⚫ Open-Partially Implemented: Elements of the recommendation have been
fully implemented, or administrative or legislative actions to implement
the recommendation are at an advanced stage of progress.
⚫ Open-In Progress: Administrative or legislative actions to implement the
recommendation have begun.
56. See2022 Budget Priorities: Members’ Day: Hearing before the House Committee on the Budget, 117th
FY
Cong. (2021). https://www.govinfo.gov/content/pkg/CHRG-117hhrg44494/pdf/CHRG-
117hhrg44494.pdf
57. Seeof November 18, 2022.
As
67
⚫ Open-Needs Attention: No meaningful progress towards implementation
of the recommendation has taken place.
⚫ Closed-Unimplemented: The Committee determined that further action to
implement the recommendation is either impossible or highly unlikely
due to technical or logistical barriers.
A full accounting of recommendation implementation status, Committee
rationale, implementation background, and implementation partners are
presented in Appendix I and Appendix II.
68
Chapter 4 – Recruiting, Empowering, and
Retaining an Experienced, Skilled, and
Diverse Congressional Staff
4.1 – Introduction
The Modernization Committee began the 117th Congress with a series
of three hearings focused on congressional staffing issues. Experts, including
many former staffers, testified on boosting staff capacity, professionalizing
internships and fellowships, and improving staff retention and diversity. While
the witnesses and some of the themes presented in these hearings were new
to the Committee, the general topic of congressional staff capacity most
definitely was not.
Chairman Kilmer (D-WA, right) confers with staff during a hearing.
The Committee’s mandate included a directive to study and develop
recommendations on “staff recruitment, diversity, retention, and compensation
and benefits.”58 During the 116th Congress, the Committee held one hearing
58. Adopting the Rules of the House of Representatives for the One Hundred Sixteenth Congress, and for
See
other purposes, H.Res.6, 116th Cong. (2018). https://www.congress.gov/bill/116th-congress/house-
resolution/6
69
and three virtual discussions focused on a range of important staffing issues,
including staff recruitment and retention, pay and benefits, expertise, and
diversity. Additionally, Committee staff held numerous listening sessions with
congressional staff to solicit their ideas for improving retention. This work
resulted in a number of recommendations in the 116th Congress, several of
which have already been implemented.59
The Committee’s March 25, 2021, listening session with representatives
of the Fix Congress Cohort and its April 15, 2021, Member Day hearing made
clear that staffing issues continue to present institutional challenges. In his
Member Day testimony, House Majority Leader Steny Hoyer spoke about the
urgent need to provide congressional staff with better pay and benefits:
“Modernizing Congress, however, is about more than just
upgrading technology. It includes changing the way we think
about our greatest assets: our staff. Today, I want to speak about
how we can improve the way we recruit and retain talented,
hardworking, and diverse staff. In my experience, those who
come here to work as congressional staff are deeply
committed to public service and would remain on Capitol Hill
longer if they could afford to do so.”60
In addition to offering competitive compensation and routine
cost-of-living adjustments, Majority Leader Hoyer suggested that the House
review the kinds of benefits that private sector employers offer, including
child-care subsidies, tax-advantaged college savings plans, and first-time
homebuyer assistance among others.61
Chair Kilmer echoed these sentiments in his opening remarks during the
Committee’s May 6, 2021, hearing on congressional staff capacity. Congress’s
longstanding tendency to treat high staff turnover as “par for the course” has
contributed to the so-called “brain drain” from Capitol Hill. When staff leave
the Hill and take their policy and institutional expertise with them, it becomes
harder for the legislative branch to uphold its Article I responsibilities. As Chair
Kilmer explained:
59. See Select Committee on the Modernization of Congress. (n.d.). Implementation. Retrieved November
3, 2022, from https://modernizecongress.house.gov/implementation
60. Member Day: Hearing before the Select Committee on the Modernization of Congress, 117th Cong.
See
(2021) (testimony of Maj. Leader Steny Hoyer). https://www.majorityleader.gov/content/hoyer-
testimony-house-select-committee-modernization-congress%E2%80%99s-member-day-hearing
61. Ibid.
See
70
“There’s a very clear reason why this Committee has held more
hearings focused on improving congressional staff capacity than
on any other topic. It’s because this institution’s ability to
effectively uphold its Article I responsibilities absolutely depends
on the hard work of dedicated public servants … Members could
not carry out their representational and policy making
responsibilities without the support of staff. And that’s exactly
why Congress needs to do more to support them.”
With that sentiment in mind, the Committee continued to prioritize
staffing issues in the 117th Congress. While some of the issues the Committee
focused on prioritized ongoing concerns like benefits and job training, others
acknowledged the unique challenges staff faced in the 117th Congress. The
COVID-19 pandemic and the events of January 6, 2021, compounded the
stress and pressure that many congressional staff deal with on a daily basis
and the Committee sought ways to provide staff with additional support.
The Committee also took a fresh look at pipelines to service on Capitol
Hill and examined how to broaden and diversify the pool of candidates who
apply for congressional internships and fellowships. Because many staff begin
their Hill careers as interns or fellows, this work was viewed as an essential
part of the Committee’s efforts on staff recruitment and diversity, as it will
help ensure the existence of a trained and professionalized pool of talent from
which congressional offices can draw.
This chapter begins with a brief overview of the congressional staffing
landscape and describes some of the major issues and challenges Congress
faces when it comes to recruiting and retaining a diverse and talented
workforce. It then considers these issues and challenges in the unique context
of the 117th Congress and details some of the key staff related events that
took place in 2021-22. The chapter concludes with a more detailed review of
the Committee’s recommendations focused on congressional staffing,
internships, and fellowships.
71
4.2 – The Trade-Offs of a Hill Career
Most congressional staff are dedicated public servants who want to do
meaningful work on behalf of the American people. They choose careers on
Capitol Hill or in district offices because they are interested in the
policymaking process or in helping constituents resolve tough problems or
requests involving the federal government. For many, the chance to work in
Congress – the seat of American democracy – is a rare opportunity to make a
difference, worth the long hours, lower pay, and lack of job security.
Over time, however, these trade-offs can become hard for many staffers
to ignore. Most staff positions in member offices turn over every two years or
so; while much of this churn is from one Capitol Hill office to another, the
typical staffer leaves the Hill altogether after just four or five years.62 There are
many reasons why staff choose to leave Congress, but low pay and limited
benefits consistently rank high on the list. Hill salaries are significantly lower
than salaries in the executive branch and private sector.63 Furthermore,
congressional staff salaries have not kept up with inflation. Since 2001, the
chief of staff position is the only staff position in member offices that has
experienced salary growth in real dollars.64
Low staff salaries tend to impact junior staff the hardest. Staff assistants,
who are typically entry-level, made a median annual salary of $38,730 in 2020
– that’s 30% less than the national average starting salary for 2020 college
62. Petersen, R. E. & Eckman, S. J. (2016, November 9). Staff tenure in selected positions in House Member
See
offices, 2006-2016 (CRS Report No. R44682). https://www.crs.gov/Reports/R44682; Burgat, C. (2019,
March 14). Who’s on the Hill? Staffing and human capital in Congress’ legislative committees. R Street
Institute. https://www.rstreet.org/2019/03/14/whos-on-the-hill-staffing-and-human-capital-in-
congresss-legislative-committees/
63. Schuman, D. (2018, June 6). Keeping Congress competent: Staff pay, turnover, and what it means for
See
democracy. Medium. https://medium.com/@danielschuman/keeping-congress-competent-staff-pay-
turnover-and-what-it-means-for-democracy-a6a4bfe2c1f3
64. Cioffi, C. (2021, Nov. 18). This was supposed to be a big year for Hill pay. Staffers aren’t holding their
See
breath. Roll Call. https://rollcall.com/2021/11/18/this-was-supposed-to-be-a-big-year-for-hill-pay-
staffers-arent-holding-their-breath/
72
graduates. The median annual salary for other junior-level positions is also low:
in 2020, press assistants made $43,860 and legislative correspondents made
$44,050. And while the cost of living varies widely throughout the country,
nearly 15% of district-based staffers made less than $40,000.65 As the chart
above depicts, most congressional staff fall on the lower end of the salary
spectrum, with 45% making less than $60,000. As mentioned earlier, most
individuals seek staff opportunities on Capitol Hill because of a desire to enter
public service, to do meaningful policy work, and to help others. The key
challenge is whether House staff salaries, particularly for entry and mid-level
positions, are sufficiently competitive to attract and retain the best and
brightest to a career on Capitol Hill, particularly when comparable positions in
Senate offices and the executive branch pay more.
While some junior staff are fortunate enough to receive financial help
from family members, others must take additional jobs in order to make ends
meet. Others opt out of applying for Hill jobs altogether, and instead choose
careers that offer the financial stability they need to avoid further debt.66 More
than half of students leave college with debt and owe an average of just under
$30,000.67
Cost of living concerns also play a determining role in whether potential
interns seek positions on Capitol Hill. Because internships are the main
pathway to securing an entry-level job in Congress, they tend to be highly
competitive. But for those who lack the financial means to afford the high cost
of living in D.C., congressional internships are often inaccessible. As a result,
House interns – many of whom go on to become Hill staffers – tend not to
represent the broad diversity of the American people. Capturing demographic
data on congressional interns is one way to help Congress better understand
and address these issues.
65. Ratliff, A., Neikrie, J., Beckel, M. (2022). Fair pay: Why Congress needs to invest in junior staff. Issue
See
One. https://issueone.org/wp-content/uploads/2022/01/Fair-Pay-Why-Congress-Needs-to-Invest-in-
Junior-Staff.pdf
66. Epstein, K. (2021, July 13). Capitol Hill staff take second jobs with Postmates, Starbucks, and J. Crew
See
to make up for their low salaries. Insider. https://www.businessinsider.com/capitol-hill-congress-
second-jobs-postmates-jcrew-doordash-budget-salary-2021-6
67. Hahn, A. (2022, September 19). 2022 student loan debt statistics: Average student loan debt. Forbes.
See
https://www.forbes.com/advisor/student-loans/average-student-loan-statistics/
73
“I believe the one thing we definitely need to adjust is staff
salaries to ensure we are keeping the best staff. They are the
backbone of any office and their historical knowledge is essential
to ensure performance of members.”
-Chief of Staff, House personal office
“Congress is only as strong as its staff. As long as we aren’t
paying to recruit and retain the best, we won’t have the best and
Congress will suffer.”
-Legislative Director, Senate personal office
“People who stay and have the institutional knowledge leave after
a few years to make ‘real’ money. We need to do a lot to prevent
good staffers from giving up on Congress.”68
-Communications Director, House personal office
As detailed in the Committee’s Final Report for the 116th Congress,
retaining a talented workforce also requires investing in the kind of modern
benefits that employees today expect.69 Standard congressional benefit
offerings include health insurance, retirement savings accounts, pension
eligibility, transit, and student loan repayments, but there is variation between
offices when it comes to additional, optional offerings. For example, some
member offices provide staff with flexible-work and telework options, but
others do not.
For many staffers – and for many workers across the country – the
COVID-19 pandemic crystallized the importance of having good benefits. The
Society for Human Resource Management’s (SHRM) 2022 Employee Benefits
Survey found that during the COVID-19 pandemic, employers emphasized
health, leave, and flexible work arrangements. Many employees were less
focused on retirement savings and professional development benefits and
more concerned with surviving the economic effects of the pandemic. As
businesses have returned to “normal” operations, employers have recognized
that offering a fuller range of benefits is more important today than before the
pandemic. This reflects “an increased appreciation for the role benefits play in
fostering employee well-being and in attracting and keeping talent in a tight
labor market.”70
68. Quotes from Goldschmidt, K. (2022). State of the Congress 2022. Partnership for Public Service.
See
https://ourpublicservice.org/publications/state-of-the-congress-2022/
69. Society for Human Resource Management. (2019). 2019 Employee benefits survey. https://shrm.org/
See
hr-today/trends-and-forecasting/research-and-surveys/Pages/Benefits19.aspx
70. Miller, S. (2022, June 12). Priorities shift as pandemic recedes, SHRM 2022 employee benefits survey
See
shows. Society for Human Resources Management. https://www.shrm.org/resourcesandtools/hr-
topics/benefits/pages/benefits-priorities-shift-as-the-pandemic-recedes-shrm-2022-employee-
benefits-survey-shows.aspx
74
According to SHRM, while the COVID-19 pandemic temporarily
reordered which benefits were most important to employees, it also ushered in
a cultural shift of new benefit expectations. For example, SHRM reports that
75
many employees today expect benefits to cover telehealth care and mental
health services. The number of organizations that provide these benefits has
increased dramatically since before the pandemic, with 93% offering telehealth
care and 91% offering mental health coverage. Additionally, 63% of employers
now offer most of their workers a hybrid work option, where employees can
work from home part of the time. More employees want – and expect – the
flexibility that remote work offers, and businesses are discovering that they
need to offer hybrid options to attract and retain employees.71
Importantly, the House Chief Administrative Officer (CAO) is now
conducting surveys more regularly to capture a wider range of critical
information surrounding staff pay, benefits, and diversity. These surveys are
based on a Modernization Committee recommendation from the 116th
Congress and will allow the House to make informed and more routine benefit
adjustments designed to improve staff retention (#10).
In the 117th Congress, the Committee continued to focus on updating
and aligning staff benefits to increase retention. In order to ensure that staff
benefits are regularly updated, the Committee recommended that the House
establish and maintain a “Task Force on the House Workforce” to make
ongoing policy recommendations on benefits (#99). And based on feedback
from House staff, the Committee also prioritized amending the Members’
Congressional Handbook to allow for reimbursement for the costs of
professional development opportunities for staff that provide a certification,
where it benefits and furthers the work of the office (#102), and expand the
Student Loan Repayment Program to cover tuition assistance (#106). Neither
of these recommendations require the creation of new programs at additional
cost and can instead be achieved by adjusting current rules.
While pay and benefits consistently rank high on the list of reasons why
employees leave their jobs, there are often other factors at play. A 2022 Pew
Research Center Survey found that a lack of advancement opportunities, poor
management, and a desire for better work-life balance also contribute to high
employee turnover rates.72 For congressional staff who leave the Hill, these
factors are particularly relevant. Congress can be a stressful place to work, and
the hours can be long. Many employees thrive in this environment, but the
burnout factor can be high – especially for employees who have families. And
enduring workplace stress makes even less sense if there’s no clear path for
career advancement.
71. Miller, S. (2022, June 12). Priorities shift as pandemic recedes, SHRM 2022 employee benefits survey
See
shows. Society for Human Resources Management. https://www.shrm.org/resourcesandtools/hr-
topics/benefits/pages/benefits-priorities-shift-as-the-pandemic-recedes-shrm-2022-employee-
benefits-survey-shows.aspx
72. Parker, K. & Menasce Horowitz, J. (2022, March 9). Majority of workers who quit a job in 2021 cite low
See
pay, no opportunities for advancement, feeling disrespected. Pew Research Center.
https://www.pewresearch.org/fact-tank/2022/03/09/majority-of-workers-who-quit-a-job-in-2021-cite-
low-pay-no-opportunities-for-advancement-feeling-disrespected/
76
These factors are somewhat less tangible than pay and benefits but can
be just as relevant in a staffer’s decision to leave the Hill. Given that every Hill
office is unique when it comes to issues like management, advancement, and
work-life balance, the Committee looked for ways to encourage best practices
in these areas. For example, the Committee recommended that supervisors
receive formal management training that includes management skills, cultural
competency, and how to support an inclusive work environment (#98).
Providing managers with the tools they need to successfully manage staff
should help alleviate staff frustration with supervisors who lack management
skills. The Congressional Staff Academy and CAO’s Coach Program continue
to make tremendous progress in implementing Committee recommendations
to help staff at all levels learn, acquire, and strengthen the unique skills needed
to be effective in their jobs.
With these broad challenges in mind, the Committee looked to build on
the work it began in the 116th Congress to bolster staff capacity with a focus
on recruitment, retention, and diversity, and to professionalize the internship
and fellowship experience. The Committee’s three hearings on these topics
created an essential public record of various staffing related challenges and
potential solutions. At the same time, efforts outside of Congress were
underway to support staff and to promote efforts inside of Congress to
improve retention.
4.3 – The 117th Congress: Staffing Issues Move to the
Forefront
At the beginning of the 117th Congress, the country was almost one year
into the COVID-19 pandemic. Congressional staff were still navigating the
various challenges of remote work while dealing with an overwhelming
amount of constituent requests for information and assistance. The pandemic
and the resulting public health restrictions placed on workplaces, schools, and
communities across the country wreaked havoc on many aspects of people’s
lives, and staff were charged with helping constituents deal with often
devastating health and financial situations. Trying to stay on top of the latest
pandemic-related benefits or assistance available to constituents was also
challenging, as federal, state, and local governments were involved at different
levels of providing help.
77
“There is no precedent for the outreach of constituents to their
members of Congress in terms of both the intensity, the emotion,
and the volume,” said Brad Fitch, president of the Congressional
Management Foundation and a former congressional aide. “Some
of these offices are dealing with four to five times the volume.
One office we deal with got creative and basically turned all of
their staffers into customer service representatives.”73
Member offices reported huge increases in the volume of letters, emails,
and calls from constituents in the early months of the pandemic. Rep. Diana
DeGette (D-CO) said that in the first 50 days of the pandemic, her office
experienced a roughly 450% increase in the amount of constituent
communications it received, compared to a 50-day period earlier that year.
Brooke Bennett, chief of staff for Rep. French Hill (R-AK), said their office was
dealing with triple the amount of normal constituent contacts.74 Members and
staff shifted focus accordingly and worked to help as many constituents as
possible. Many policy staff temporarily helped manage constituent casework
and offices developed new processes and procedures for handling COVID-19
related requests.
Rep. DeGette (D-CO, bottom right) testifies during a Modernization Committee
hearing.
73. Ognanovich, N. (2020, June 4). Slam of pleas for help forces congressional staff to adjust. Bloomberg
See
Law. https://news.bloomberglaw.com/coronavirus/slam-of-pleas-for-help-forces-congress-members-
staff-to-adjust
74. Ibid.
See
78
By January 2021, many offices had adjusted to the “new normal” of
working through a pandemic, but the pressure and urgency of the previous
year took its toll on staff. Long hours combined with the ongoing emotional
strain of helping constituents in desperate situations contributed to staff
burnout. Just as members and staff were learning to manage one
unprecedented situation, they soon faced another.
When rioters stormed the U.S. Capitol on January 6, 2021, it took a
tremendous toll on an already stressed congressional workforce. As rioters
entered the Capitol, staffers took cover in offices throughout the Capitol
complex. They barricaded doors and hid under desks and tables, anxiously
making calls and sending text messages to loved ones. Staff working from
home followed on live TV and frantically tried to reach their colleagues on the
ground.75
As reports of the damage and destruction to the Capitol poured in, and
as staff learned that some of the rioters were armed with dangerous weapons,
the Capitol no longer seemed safe. For staff accustomed to going through
metal detectors multiple times a day and to regularly seeing dozens of Capitol
Police officers in buildings throughout the Capitol complex, feeling
unprotected at work was a new and jarring experience.
In addition to feeling unsafe, many staff struggled to process the
ugliness of the attack. Some of the rioters shouted racist slurs at Black officers
and threatened to harm members, staff, officers, and other Capitol workers.
The Confederate flag was paraded through the Capitol as rioters defaced
Statuary Hall, the Senate floor, the House Speaker’s offices, and other
congressional landmarks.76
For some Black staffers, the racist aspects of the January 6 attack raised
serious concerns about safety in the workplace.77 Black staffers who work for
Black members worried that their bosses would be targeted by rioters for
being vocal critics of former President Trump. According to one staffer who
was at the Capitol that day, “The fear was very present. We cannot blend in.
We cannot not be visible. Our skin color often becomes a target.”78
After January 6, staffers “reported trouble sleeping and feeling anxious,
claustrophobic, angry and depressed.”79 In the following months, the stress of
that day was compounded by additional security threats to the Capitol,
75. Tully-McManus, K. (2021, January 28). Insurrection aftermath: Staffers struggle with trauma, guilt, and
See
fear. Roll Call. https://rollcall.com/2021/01/28/insurrection-aftermath-staffers-struggle-with-trauma-
guilt-and-fear/
76. Broadwater, L. (2021, February 17). For Black aides on Capitol Hill, Jan. 6 brought particular trauma.
See
New York Times. https://www.nytimes.com/2021/02/17/us/politics/black-staff-capitol-attack.html
77. Ibid.
See
78. Ibid.
See
79. Ibid.
See
79
A Capitol Police officer walks past posters and letters of support in the Capitol
complex following January 6.
including a vehicle attack that killed a Capitol Police officer and a bomb
threat.80 Demand for mental health support surged and some members called
for the House Office of Employee Assistance (OEA) to do more.
In 2021, the OEA reported a record of more than 12,200 individual
interactions. OEA used new funding to hire additional full-time counselors, as
well as contractors for appointment-based counseling. The office also
expanded its drop-in and video counseling services.81 While members and
staff applauded these enhanced services, some felt that more support was
needed – particularly for staffers of color and for the broader Capitol
workforce.
As testament to the perceived need for additional support services, a
number of outside organizations banded together after the January 6 attack
to help address the specific needs of congressional staff. Calling themselves
“CapitolStrong,” the group of about two dozen civil society organizations
pushed “to strengthen and invest in the institution of Congress and the people
80. Tully-McManus, K. (2021, September 10). Congress wakes up to its staff retention problems after
See
Covid, bomb threats and riots. Politico. https://www.politico.com/news/2021/09/10/congress-staff-
retention-problems-510879
81. Mineiro, M. (2022, January 5). ‘Angels on campus’: Record number of Capitol staff seek counseling in
See
year after Jan. 6. Roll Call. https://rollcall.com/2022/01/05/staff-seek-counseling-capitol-riot/
80
who serve there.”82 The group’s website provides many resources for finding
counselors, addressing specific staff needs, and guidance for rebuilding
resilience. The Congressional Management Foundation, through its Crisis
Preparation and Response Center, also provided managers and staff with a
number of resources to help with processing trauma and grief, and with crisis
planning.83
4.4 – Staff Turnover Reaches New Highs
In 2021, the House staff turnover rate reached its highest level in at least
20 years. LegiStorm, a private service which tracks congressional staff rosters
and salaries, reported that 55% more House staff left their jobs in 2021 than in
the preceding year.84
While Congress has struggled with staff retention for decades, the
record number of staffers heading for the doors sounded new alarms. Speaker
Nancy Pelosi announced in August 2021 that she was implementing one of the
Modernization Committee’s recommendations from the 116th Congress and
decoupled staff pay from member salaries (#70). The salary cap for senior
House aides was initially raised to $199,300, allowing these staffers to earn
more than their bosses who make $174,000.85
Several months later, on May 10, 2022, Speaker Pelosi, utilizing the same
authority granted to the Speaker to set a pay cap, announced that for the first
time the House would require House staffers to be paid a minimum annual
salary of $45,000. At the same time, she raised the pay cap for senior staffers
from $199,300 to $203,700 to match a similar recent increase in the Senate.
The raised pay cap went into effect almost immediately and the minimum
annual salary went into effect on September 1, 2022.86
One victory in the push to increase staff pay was an increase in the
Member Representational Allowance (MRA). The fiscal 2022 omnibus spending
bill included a 21% boost to the MRA for each office. Speaker Pelosi claimed
the boost would “more than cover this pay adjustment” and “highly
encouraged members to use this MRA increase to honor the committed work
82. CapitolStrong. (n.d.). Who we are. Retrieved November 3, 2022, from https://www.capitolstrong.org/
See
83. Congressional Management Foundation. (2021, April 6). Many resources still available to help staff
See
recover from January 6 attacks. https://www.congressfoundation.org/news/blog/1831-many-
resources-still-available-to-help-staff-recover-from-january-6-attacks
84. Marcos, C. (2022, March 21). House staff turnover highest in 20 years: study. The Hill.
See
https://thehill.com/homenews/house/599093-house-staff-turnover-highest-in-20-years-study/
85. Tully-McManus, K. (2021, September 10). Congress wakes up to its staff retention problems after
See
Covid, bomb threats and riots. Politico. https://www.politico.com/news/2021/09/10/congress-staff-
retention-problems-510879
86. FEDmanager. (2022, May 10). Speaker Pelosi issues pay order, requires minimum $45K annual salary
See
for House staff. https://fedmanager.com/news/speaker-pelosi-issues-pay-order-requires-minimum-
45k-annual-salary-for-house-staff
81
of your staff members.”87 However, because each member determines how
their MRA funds are spent, leadership can do little more than suggest that
members use the extra funds to increase staff pay.
The Speaker’s announcement acknowledged the “strong and effective
leadership” of Chair Kilmer on the issue of staff pay and recognized the Chair’s
efforts to promote “fairness and diversity.”88 Vice Chair Timmons, whose office
gave all staff a 15% raise after the MRA was increased, said the Committee’s
work to improve staff pay will be an important part of its legacy.89
“There’s a recognition that the massive turnover within Congress
erodes the ability of Congress to solve difficult problems.”90
-Chair Derek Kilmer, September 10, 2021
4.5 – Staff Unionization
Decades after Congress first gave its employees the right to unionize, a
group of staffers began organizing in earnest for collective bargaining rights.
The effort began in response to growing concerns from many staff about low
wages, long hours, lack of diversity, and an unhealthy work environment. The
COVID-19 pandemic and the January 6 attack on the Capitol amplified these
concerns and spurred organizers to take action.
While the Committee did not debate or address staff unionization
efforts, the move by some staff to organize during the 117th Congress
provides important historical context for understanding the overall staffing
picture at this time. Unionization efforts ran parallel to but separate from the
Committee’s work on staff recruitment, retention, and diversity
recommendations.
The right to unionize Capitol workers first appeared in 1995 as part of
the House Republicans’ “Contract with America” plan. Republicans argued
that Congress should adhere to the same laws it imposes on American
businesses. The Congressional Accountability Act, which became law in 1995,
removed Congress’s longstanding exemption from these laws and gave
congressional employees the right to unionize.91 However, some members
argued that, given the House’s unique construct, allowing congressional staff
87. Ibid.
See
88. Office of the Speaker of the U.S. House of Representatives. (2022, May 6). Dear colleague to all
See
Members on increasing congressional staff salaries [Press release]. https://www.speaker.gov/
newsroom/5622
89. Cioffi, C. (2022, April 28). What’s next for staffer pay on the Hill? Roll Call. https://rollcall.com/2022/04/
See
28/whats-next-for-staffer-pay-capitol-hill/
90. Tully-McManus, K. (2021, September 10). Congress wakes up to its staff retention problems after
See
Covid, bomb threats and riots. Politico. https://www.politico.com/news/2021/09/10/congress-staff-
retention-problems-510879
91. Congressional Accountability Act of 1995, S.2, 104th Cong. (1995). https://www.congress.gov/bill/
See
104th-congress/senate-bill/2/
82
to unionize raised a number of legal and practical questions, and the House
ultimately never approved rules to extend to staff the necessary legal
protections they would need to organize.92
Then, in early 2021, a group of Democratic staffers began meeting to
discuss the possibility of forming a union. A little more than a year later, on
February 4, 2022, a group of congressional staff announced they had formed
the Congressional Workers Union to continue to push for worker protections
and the right to unionize.93 The Committee on House Administration (CHA)
held a hearing to explore details related to staff unionization including
whether any updated rules would be necessary to implement Section 220 of
the Congressional Accountability Act.94 At the hearing, CHA members also
received testimony from witnesses with differing perspectives on the pros and
cons of unionization in congressional offices.
On May 10, 2022, these efforts culminated in the passage of a House
Resolution that was the “necessary final step to protect staffers from facing
retribution if they decided to pursue forming a union within a member’s office
or a committee and bargain collectively.”95 The resolution was not debated on
the floor of the House and was rolled into a separate rules measure with four
unrelated bills.
Though the Committee did not engage or take a position on staff
unionization efforts, it did address a range of important workplace
environment issues during the 117th Congress and issued the following
recommendations.
4.6 – Recommendations
IMPROVE STAFF RECRUITMENT, DIVERSITY, RETENTION, AND
COMPENSATION AND BENEFITS
98. Personalized Job Training and Management Skills: Supervisors should receive
formal management training that includes management skills, cultural
competency, and how to support an inclusive work environment.
Improved management will improve office culture, increase staff
satisfaction and retention, and improve overall office productivity. While the
Congressional Staff Academy (CSA) recently began offering leadership
training courses, there currently are no formal training programs for managing
a congressional office, mid-level managers, or intern management. The CAO
92. Cochrane, E., Kavi, Aishvarya, Montague, Z. (2022, February 11). On Capitol Hill, a push to unionize
See
House aides gains tractions. New York Times. https://www.nytimes.com/2022/02/11/us/politics/
congress-aides-unionize-house.html
93. Ibid.
See
94. Oversight of Section 220 of the Congressional Accountability Act: Implementing the rights of
See
congressional staff to collectively bargain: Hearing before the Committee on House Administration,
117th Cong. (2022). https://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=114451
95. Sotomayor, M. (2022, May 11). House votes to allow staff unionization. Washington Post.
See
https://www.washingtonpost.com/politics/2022/05/10/house-votes-allow-staff-unionization/
83
and other offices have identified the need for this kind of training and some
programs are already in development. For example, the CSA, through its
Coach program, is on a path to providing one-on-one job coaching for every
position; the Office of Workplace Rights mandates a supervisory training; and
the Office of Employee Assistance offers leadership coaching. The
recommendation also envisions and supports CSA partnering with universities
to expand management program offerings.
99. Update and Align Staff Benefits to Increase Retention: The House should
establish and maintain a “Task Force on the House Workforce,” led by the
Chief Administrative Officer and comprised of other House offices to make
ongoing policy recommendations on updating staff benefits.
Providing benefits that are more competitive with the private sector and
executive branch can be a cost-effective way to encourage mid-career, highly
qualified, and more experienced staff to remain in Congress. With less
turnover, particularly at the mid-career level, Congress will see an increase in
policy specialization and institutional knowledge. Diversity in senior staff
positions will also increase. Fundamentally, a more highly skilled, experienced,
and diverse staff will make Congress a stronger institution, better positioned
to fulfill its Article I responsibilities and more effectively serve the American
people.
With a broad representation of House offices responsible for various
workforce benefits and other issues important for staff retention, the Task
Force can approach the issue of staff benefits holistically, examine surveys and
studies already done or in progress, and make specific, actionable policy
recommendations each Congress. In addition to considering updates and
improvements to better align House staff benefits with the workforce
practices in the Senate, executive branch, and private sector, the Task Force
should also consider the advantages of providing individual offices greater
flexibility in determining specific benefit offerings.
Note: The FY2022 Legislative Branch Appropriations report contains
language that similarly directs the establishment of a Task Force on a Diverse
and Talented House Workforce to regularly study and make policy
recommendations that improve human resources management practices
throughout the House.
100. Real Time Payroll Information: The House should create a searchable
database of anonymized average staff compensation information, by
position, using available information on staff salaries and payroll data.
A database of staff salary information would provide timely information
that would help hiring managers set staff salaries (and potentially benefits, if
the system is crafted to track that as well), create transparency for employers
and internal job seekers, and provide current salary data at a lower cost than
surveying staff. Current congressional employees could also use the
information when they are considering a new job or requesting a raise. The
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database would be viewable and collated in a way that is most beneficial to
managers and staff, and include comparisons by region and state delegation,
as well as differentiation between freshman and more senior offices.
For the last few years, the Senate has operated a voluntary, “live”
database of staff compensation. The Committee understands that, based on
information received shortly before this report was completed, the database
was used by approximately 42 offices – 30 personal offices and 12
committees.
101. Mentorship Match Program: The House should initiate and facilitate a formal
mentorship program for matching more experienced staff with less
experienced staff.
Mentorships are an inexpensive and effective way to share traditions and
impart knowledge to more junior staff, especially those who began their
careers on Capitol Hill without established networks to tap into. While some
mentorships happen informally, a formal program could help increase
mentorship opportunities and the quality of mentorship, thereby improving
training, institutional knowledge, professional development, office culture, and
staff retention. A formal House mentorship program should support and utilize
best practices already developed by staff association mentorship programs.
This new program could be run by a variety of entities within the CAO’s
office. The CAO’s office, or another appropriate office, could also determine
how to best fund and implement the new program.
102. Professional Certifications: The House should allow member, committee, and
leadership offices to pay for certain professional development opportunities
for staff that include a certification.
Staff should have more flexibility to participate in relevant professional
training opportunities, specifically those that directly relate to the employee’s
job duties and/or otherwise benefit the office. Examples of relevant
certifications include, but are not limited to, Adobe Certified Expert,
Leadership Essentials, Project Management Certifications, Budget and Public
Finance Certificate, and Cybersecurity Risk Management. Additional
certification opportunities may evolve organically.
Note: According to the Office of Personnel Management, federal
agencies can pay for training that includes professional certifications.
103. Onboarding Information: The Chief Administrative Officer should provide
offices with an expanded standard onboarding packet that includes
comprehensive information on available resources and benefits for staff.
A standard and comprehensive onboarding packet is an effective and
inexpensive way to ensure new employees understand all the resources and
benefits available to them as House employees. The information could be
85
presented in various formats, including through a supplementary educational
video, and at different stages of onboarding – either in the initial payroll
packet or shortly after an employee has been registered in the system.
104. Assistance for Contract Employees: Where feasible, the House should work
with contractors to ensure they provide their Capitol campus employees
assistance services comparable to those offered by the House through the
Office of Employee Assistance.
Ensuring the health and well-being of everyone who works on the
Capitol campus, including contractors, will make for a better working
environment. Contract workers are part of the Capitol community and should
be able to access the same mental health services available to congressional
staff.
105. Supporting the Office of Employee Assistance: The Office of Employee
Assistance should seek to retain a diverse workforce, offer access to bilingual
services, and retain staff capable of providing various forms of trauma
services.
A diverse OEA workforce that can provide bilingual services and offer
trauma services that meet the needs of all staff is better positioned to serve a
diverse community with various mental health needs. In addition, providing
increased resources to improve awareness will help staff know and better
understand the OEA and the services it offers, thereby improving utilization.
Taken together, this will improve mental health, create a more resilient Capitol
Hill community, and improve overall staff productivity and retention.
The OEA provides confidential assistance to members, employees, and
their family members for personal and work-related problems. The OEA’s
caseload more than doubled in the first half of 2020, largely due to the
COVID-19 pandemic. Upon request, the OEA is currently able to connect
employees to bilingual support services but the office currently does not have
in-house capacity to do this.
106. Tuition Assistance: The House should expand the Student Loan Repayment
Program to include tuition assistance.
The program should be modeled after the House’s SLRP which has a
service commitment built into the agreement and requires payments to be
recouped if the employee is terminated or involuntarily separates before the
end of the term. However, that provision can be waived at the discretion of the
office. Existing SLRP annual ($10,000) and lifetime ($80,000) caps would apply
to the TAP. Most private sector TAP programs are capped at $5,250 per year
because an amount over this threshold is considered taxable income. Staff
should be fully informed about the annual income tax implications of receiving
benefits above a certain level.
86
107. Talent Acquisition Software: The Chief Administrative Officer should provide
access to industry-leading talent acquisition software to assist House offices
in managing their recruitment and hiring processes.
By providing offices with tools to methodically track, sort, and score
candidates, offices will create greater efficiency and realize better hiring
outcomes. The Office of Diversity and Inclusion (ODI) will work with the CAO
to ensure that any software offered does not introduce algorithmic bias into
the hiring process.
Note: The CAO has received feedback from chiefs of staff that they
would like tools to assist their hiring processes. The CAO is thus looking into
making commercial, off-the-shelf talent acquisition software available. The ODI
has also expressed support for offices to begin using talent acquisition
software to professionalize the recruitment and hiring process to improve
diversity.
108. Collecting Demographic Data: The Chief Administrative Officer should work
with the Office of Diversity and Inclusion to improve the collection of
anonymized demographic data through an optional form provided to staff at
onboarding.
By collecting data during the onboarding process, the House can
increase the amount of information gathered, reduce costs, and provide more
accurate and up-to-date demographic information, which will in turn help the
institution more efficiently target efforts to diversify the workforce and ensure
it is broadly representative of the American people. The data collection form
should be developed in conjunction with the ODI, or use already available
information and forms, and gathered during the employee onboarding
process. Consistent with previous compensation and diversity reports
produced by the CAO, all data collected through the form will remain strictly
confidential and anonymized. Data is not to be used to identify or evaluate
individuals or specific offices and should not be reported by party or office. All
data will be aggregated for reporting purposes.
Note: The FY2022 Legislative Branch Appropriations report directs the
Office of Payroll and Benefits to work with ODI to identify the best method for
inserting a voluntary question on demographic diversity to employee
onboarding paperwork for all employees. The report directs implementation
by January 2022.
PROFESSIONALIZE INTERNSHIPS AND FELLOWSHIPS
109. Assessing Intern Cost of Living: The Chief Administrative Officer should
provide information to congressional offices on the cost of living for interns
to help inform intern stipend levels.
Internships are on-the-job training that can provide a pathway to a
full-time position on the Hill. With more data, managers will be able to better
align stipend levels for interns with the cost of living in the D.C. area, thereby
87
allowing Congress to recruit the most talented and diverse applicants. In
gathering cost of living information, the CAO might also consider evaluating
other similar internship programs in the D.C. area as a helpful reference point
for living costs and comparative compensation levels.
Member offices are currently provided a separate allotment of $25,000
annually to compensate interns, and there is a monthly cap of $1,800 per
intern. By House rules, internships are primarily of educational benefit and
interns may not be employed by the member for more than 120 calendar days.
Intern compensation is intended to help interns cover the cost of living while
residing temporarily in the D.C. area during their internship. Assessing the cost
of living for an internship is different than assessing the cost of living for a
full-time employee, and any cost analysis should cover those differences (for
example, short term versus long term housing costs).
Note: The FY2022 Legislative Branch Appropriations bill would increase
the member office allocation to $35,000 but would not change the monthly
cap of $1,800 per intern.
110. Intern and Fellowship Program Office or Coordinator: The House should
establish an Intern and Fellowship Program Office or Coordinator that helps
with onboarding, developing educational curriculum, professional
development, and training for office coordinators.
This office or coordinator would help professionalize and standardize
congressional internship and fellowship programs, alleviate some of the
burden on offices, and ensure a more consistent and high-quality educational
experience for interns and fellows. The onboarding and management of
interns and fellows is currently the responsibility of the individual employing
office. While many offices offer robust programs, very little guidance or
additional resources are provided by the House to assist offices with their
programs, including orientation, onboarding, and educational programming.
Note: Language in the FY2022 Legislative Branch Appropriations report
directs the Office of Diversity and Inclusion, working in coordination with the
Chief Administrative Officer, to conduct a study on the feasibility of creating a
centralized House internship and fellowship office to provide support services
to congressional interns as well as act as a resource hub for standing
committees, leadership offices, and House member offices.
111. Fellows and Detailees Use of Equipment: Congress should clarify rules to
allow fellows and detailees to receive the same resources as professional
staff.
This would align House rules regarding fellows and detailees with office
needs and ensure they are using devices that are secure and up to date.
Current rules in the House Members’ Handbook state that fellows are
only able to use “existing office resources” that were already purchased and
used by another staffer. Rules clarifying the use of House resources by fellows
88
and detailees should tie resource access to a bona fide agreement to provide
formality and additional details, as well as other precautions to ensure that
House security protocols are being followed.
112. Remote Internships: The House should study the feasibility of permanently
allowing remote internships.
Allowing interns to telework could expand opportunities for individuals
who cannot travel to and live in Washington, D.C. A study will provide
information on whether the House should make remote internships a
permanent option by addressing the following concerns: 1) Ensuring the
educational requirements of House internships are being met, which may be
more challenging in a remote situation; 2) Oversight of program participants;
and 3) Providing, tracking, and accounting for House resources and
equipment, and ensuring security and confidentiality, including network
security.
Note: In response to the COVID-19 pandemic, the Committee on House
Administration temporarily authorized all compensated House interns to be
eligible to telework in the event of a disaster, pandemic or other emergency.
This authorization allows offices to lend House resources (laptops, phones) to
compensated interns who telework.
113. Committee Internship Stipends: Committees should be provided a program
allowance, separate from their budget, for compensation of interns.
Unlike personal and leadership offices, committees currently have no
separate fund for providing internship stipends, and interns count against their
capped allocation of staff slots. Committees are thus disincentivized from
bringing on interns. This fund would be separate from committee budgets and
will provide additional slots for committee interns.
Note: The FY2022 Legislative Branch Appropriations bill allocates $2.3
million to compensate up to 106 committee interns.
4.7 – Conclusion
The Modernization Committee’s work to improve staff pay, benefits,
diversity, and the overall workplace experience was a constant focus during
the 116th and 117th congresses. The Committee’s commitment to supporting
staff reflected members’ deep understanding of and appreciation for the
important role staff play in serving the American people. From casework to
policymaking, staff are there to assist members in making sure their
constituents’ problems are addressed and their views are represented. Despite
the Committee’s numerous and strong recommendations on staffing issues,
there is still much work to be done to ensure that Congress can recruit and
retain an experienced, skilled, and diverse workforce.
89
Chapter 5 – Building a More Civil and
Collaborative Congress
5.1 – Introduction
Three days after the 117th Congress convened on January 3, 2021,
rioters stormed the U.S. Capitol protesting the certification of the 2020
presidential election as members of the House and Senate were casting their
votes on the question of whether to certify the slates of electors sent to
Congress by the states. Members were quickly moved from the floor to a
secure location until the Capitol was cleared and deemed safe to return. Later
that evening, in a dramatic turn of events, members of the House and Senate
returned to the Capitol and voted to certify the election of Joseph R. Biden as
the nation’s 46th president.
Nearly two years later, the events of January 6, 2021, still stir up feelings
of fear, anger, and sadness for current and former members and staff, as well
as for many Americans who were shocked by what happened. In the
immediate aftermath of the attack, the environment in Congress was intense;
emotions ran high as some members pointed fingers and sought to place
blame. Others struggled to understand how this could have happened in the
nation that invented modern democracy.
With this shocking episode as backdrop, the Modernization Committee
began its second full session of work. Seven of the Committee’s 12 members
were new to the Committee in the 117th Congress and had no experience with
its unique, bipartisan approach to committee operations and processes. Given
the extraordinary circumstances under which the 117th Congress had begun,
Chair Kilmer and Vice Chair Timmons recognized that if the newly
reconfigured Committee was going to work collaboratively, they would need
to directly address the partisan tensions that threatened to stall Committee
productivity.
The first step was organizing a bipartisan member retreat. In addition to
planning the Committee’s agenda for the 117th Congress, Chair Kilmer and
Vice Chair Timmons agreed that it was important to acknowledge the violent
storming of the Capitol on January 6 and provide members with an
opportunity to talk about it. A conflict resolution expert facilitated the
discussion, giving everyone who wanted to share their thoughts a chance to
do so.
The discussion was not lengthy, and it was not about airing grievances; it
was a simple opportunity for members to express honest opinions and
thoughts about what they had experienced on January 6. Importantly, it was
also an opportunity for members to listen to one another in a private setting,
with no cameras or outside observers present.
90
Chair Kilmer (D-WA, left) and Vice Chair Timmons (R-SC, right) gather after a
Modernization Committee hearing.
Though it felt risky and even a bit uncomfortable at the time, the
exercise highlighted the importance of finding ways to connect with
colleagues across party lines – even when the issues at hand are very divisive.
Beneath the lines in the sand and public position taking, there are usually
areas of commonality that go unnoticed unless they’re deliberately drawn out
through a process of active listening.
The Committee’s 12 members are a tiny subset of the House’s 435
members, and opportunities for private conversations across party lines are
limited in Congress. These conversations can, however, encourage the kind of
relationship building that’s important in any professional setting. Chair Kilmer
and Vice Chair Timmons agreed that it was important for the Committee to
continue exploring ways to broaden institutional understanding and support
for initiatives that encourage greater civility and collaboration in Congress.
Members may disagree passionately on all kinds of issues, but most want to
get things done and help their constituents. And reducing hyper-partisanship
is certainly one way to ease the gridlock that continues to impede legislative
productivity.
As the Modernization Committee wrapped up its work at the end of the
116th Congress, it did not foresee an extended focus on civility and
collaboration in the 117th Congress. But as it had throughout the 116th, the
91
Committee saw value in addressing contemporary issues that presented
immediate challenges for the institution as part of a larger examination of how
to modernize the institution and improve how it works for the American
people.
The remainder of this chapter describes the background and thinking
that informed the Committee’s four hearings focused on civility and
collaboration and the Committee’s recommendations to encourage greater
bipartisan productivity.
5.2 – Diagnosing the Problem: Polarization and
Congressional Culture
The Committee’s Final Report for the 116th Congress devoted a chapter
to civility and bipartisanship in Congress and provided a detailed history on
the rise of partisanship and polarization.96 As the report notes, the intense
levels of partisanship and polarization in Congress are a more recent
phenomenon. The roots of this conflict are multi-faceted, but one major factor
was the 1960s realignment of the “Solid South,” which led to more
ideologically unified Republican and Democratic parties.97 Since the early
1990s, Congress has become more competitive as the margins between
parties have narrowed. When both parties view majority control as within
reach every two years, the incentives for bipartisanship decrease. Some
congressional scholars argue that these trends have led both Republican and
Democratic members to become more united in how they vote and in how
they communicate with the public.98
It’s also important to note that as Congress has become more partisan,
so has the country. Divisions along social and demographic lines have
expanded over the last 50 years, contributing to increased polarization among
constituents.99 The partisanship on display in Congress is thus reflective of
broader societal trends.
One important consequence of increased polarization may be decreased
public trust in the federal government. According to a recent Pew Research
Center poll, only 20% of Americans trust the federal government to do what is
right “just about always” or “most of the time.” This stands in stark contrast to
1958, when the National Election Study first began polling on public trust in
96. See “Chapter 2: Encourage Civility and Bipartisanship in Congress” in Select Committee on the
Modernization of Congress. (2020). Final report for the 116th Congress.
https://modernizecongress.house.gov/final-report-116th/chapter/chapter-2-encourage-civility-and-
bipartisanship-in-congress
97. U.S. House of Representatives, History, Art, and Archives. (n.d.). Party realignment. Retrieved
See
November 4, 2022, from https://history.house.gov/Exhibitions-and-Publications/BAIC/Historical-
Essays/Temporary-Farewell/Party-Realignment/
98. Lee, F. (2016). Insecure majorities: Congress and the perpetual campaign. University of Chicago Press.
See
https://doi.org/10.1177/1354068818804673
99. Mason, L. (2018). Uncivil agreement: How politics became our identity. University of Chicago Press.
See
https://doi.org/10.1017/S0008423919000076
92
government. Then, 75% of Americans trusted the federal government to do
the right thing almost always or most of the time. But since 2007, the share of
Americans who mostly trust the federal government has not surpassed 30%.100
The public’s sustained distrust of government over the past 15 years runs
parallel with ongoing political and societal polarization.
While public trust in the federal government has remained low since
2007, public approval of Congress has remained even lower. Since 2005,
Congress has averaged a 21% public approval rating; a June 2022 Gallup poll
found that only 16% of Americans approved of the job Congress is doing.101
In order to begin a public discussion about the adverse effects of
hyper-partisanship in Congress, the Committee decided to hold a hearing on
the various societal trends and institutional factors that have strained
congressional comity and productivity over the past several decades. The
broader goal was to reach a common understanding of how and why
Congress has become so polarized, without placing blame on any one party or
administration. Given the heightened partisan tensions in Congress after
January 6, the Committee sought to identify and discuss the root causes of
polarization in objective terms.
The Committee also decided that this hearing, held on June 17, 2021,
would provide a good opportunity for debuting a new hearing format.
Employing new rules the Committee adopted at the beginning of the 117th
Congress, the hearing was held in a roundtable setting, with members and
witnesses seated around the table together. The Committee utilized its
authority for extended questioning under the rules to allow for a more
100. Pew Research Center. (2022, June 6). Public trust in government: 1958-2022.
See
https://www.pewresearch.org/politics/2022/06/06/public-trust-in-government-1958-2022/
101. Gallup. (n.d.). Congress and the public. Retrieved November 4, 2022, from https://news.gallup.com/
See
poll/1600/congress-public.aspx
93
free-flowing, robust conversation between members and witnesses. Given the
sensitivity of the hearing topic, this format was also effective because
members were able to respond to each other in the moment, rather than
having to wait for their turn.
Modernization Committee members and witnesses sit in a roundtable format during a
hearing on July 14, 2022.
While the hearing’s focus was on how broader societal trends shape the
culture of Congress, it’s important to recognize that culture has a profound
effect on the way the institution works (or doesn’t work). As Chair Kilmer
observed in his opening remarks:
“I’m consistently struck that Congress – as an institution – has
some unique cultural challenges. It’s the first organization in
which I’ve worked where there’s not a widely embraced mission
or set of goals. Indeed, Congress often feels like 435 independent
contractors – all loosely affiliated with two general contractors
that appear to be in a high stakes competition for market share.
The incentives … are often not to build and fix the institution but
rather to bash it. Much of what vexes the institution is not failures
in rules and procedures but the breakdown of norms and – for
lack of a better phrase – a rather toxic corporate culture.”
94
One question the Committee considered is whether and how a toxic
culture can be changed – especially when the outside forces that are driving it
appear to be gaining steam rather than easing up. As Chair Kilmer and others
have noted, the incentive structure for members of Congress has changed
over time in ways that reflect and respond to society. As society has become
more aggressively polarized and more expressive in its “outrage,” the
institution’s culture has become more performative oriented rather than
solutions oriented.
Though it is certainly true that many members are primarily focused on
the traditional legislative and representative work of Congress, it is also true
that some members today are focused on what Yuval Levin describes as
performative conflict. In testimony before the Committee, Levin noted:
“Some members now seem to run for office less to be involved in
legislative work and more to have a prominent platform in the
culture war—to become more visible on cable news or on talk
radio, to build a social media following, and to use their elected
office as a platform to complain about the very institution they
worked so hard to enter. They conceive of themselves, or at least
present themselves, as outsiders speaking to the institution rather
than as insiders working through the institution. And as a result,
they incline to approach their colleagues (particularly those of
the opposite party) as props in a dramatic morality tale rather
than as fellow legislators with whom to negotiate, bargain, and
cooperate.”102
Levin connects Congress’s drift towards a performative conflict culture
to diminished public trust in Congress. Whether or not the public trusts an
institution depends on whether that institution is competent and effective in
doing what it’s set up to do. And its ability to do what it’s supposed to do
depends on there being an established structure and process, carried out by
the combined effort of the people who work within the institution.
Like other institutions, public institutions like Congress must have
structures and processes in place to shape the behaviors of the people who
work there. This is necessary for the institution to effectively do what it’s
supposed to do, yet every member of Congress arrives in Washington with
different values, priorities, and skills. This reality – along with the electoral and
political pressures some members face to oppose traditional approaches to
legislating – can make it difficult for Congress to convince members of the
value of adhering to established structures and processes. Public trust in
102. See page 4, Building a more civil and collaborative culture in Congress: Hearing before the Select
Committee on the Modernization of Congress, 117th Cong. (2021) (testimony of Yuval Levin).
https://docs.house.gov/meetings/MH/MH00/20210617/112786/HHRG-117-MH00-Wstate-LevinY-
20210617.pdf
95
institutions depends in part on the public believing that the people who work
within institutions have been effectively prepared and trained by the
institution to do the jobs they were hired to do. This perception presents
obvious trust problems for Congress.
As Levin explains, “[w]hen we don’t think of our institutions as formative
but as performative, they become harder to trust. They aren’t really asking for
our trust, just for our attention. And in our time, many of our most significant
social, political, cultural, and intellectual institutions are in the process of going
through this transformation from mold to platform.”103
From left to right: Yuval Levin, Chair Kilmer (D-WA), Molly Reynolds, and Vice Chair
Timmons (R-SC) smile after a Modernization Committee hearing on civility.
Over the past few decades, the culture of Congress has arguably
changed in ways that make the institution less functional. And as a result of
this dysfunction, public trust and approval of Congress remain consistently
low. Hyper-partisanship makes cross-party collaboration challenging and many
103. Ibid.
See
96
of the job’s incentive structures now encourage conflict rather than civility. For
example, “conflict entrepreneurs” on both sides of the aisle tend to raise more
campaign money and attract more followers on social media.104
Understanding Congress’s transformation from “mold to platform”
helped the Committee think realistically about recommendations it could
make to encourage civility and collaboration. As Chair Kilmer and Vice Chair
Timmons wrote in a January 2022 op-ed, “We can’t legislate behavioral
change or pass rules telling members to be nice to each other. Social media
and cable news, both of which exacerbate the rancor, are not going away. We
also can’t put the genie back in the bottle. Congress is not going to reclaim
some version of bipartisanship that supposedly existed in the past, nor should
it try to. Congress can, however, change some of the systems that steer
members toward conflict rather than consensus.”105
5.3 – Diagnosing the Problem: Committee Productivity
and Member Empowerment
Understanding “some of the systems that steer members toward conflict
rather than consensus” was the Committee’s next step. Committee members
were particularly interested in looking at changes in the role of committees
over the past several decades; frustration over leadership-driven lawmaking
has been a common complaint among members who want to play a more
meaningful role in the legislative process. And depending on the committee,
many hearings today serve as platforms for political position-taking rather
than as outlets for substantive policy discussions.
The Committee’s final report for the 116th Congress described how
Congress’s current proclivity towards omnibus legislation and party leadership
can be seen in the decline of committee activity and legislation. Although
Congress is in session for a similar number of days each Congress, there has
been a consistent decline in the number of subcommittee and committee
meetings. Whether this schedule shift can be attributed to partisanship is
unclear, but the byproduct is an increased reliance on party leadership to
shape and pass legislation.106
In previous eras, members consciously chose to empower their leaders
because they believed that doing so would help them achieve their own policy
goals. In the 1970s, for example, progressive Democrats were frustrated by
104. For
See example, see Pildes, R. H. (2020). Participation and polarization. Penn. J. of Constitutional Law,
2020, NYU School of Law, Public Research Paper No. 20-34. https://papers.ssrn.com/sol3/
papers.cfm?abstract_id=3611180
105. Kilmer, D. & Timmons, W. (2022, January 26). Steering lawmakers toward consensus, not conflict.
See
RealClearPolitics. https://www.realclearpolitics.com/articles/2022/01/26/
steering_lawmakers_toward_consensus_not_conflict_147093.html
106. Davis, C. M. (2019, May 20). The legislative process on the House floor: An introduction (CRS Report
See
No. 95-563). https://crsreports.congress.gov/product/pdf/RL/95-563
97
their inability to get right-leaning Democratic committee chairs to address
left-leaning policy concerns. So they worked to bypass committee chairs by
empowering their party leaders whom they believed could help them pass
progressive policies.
In 1994, after Republicans won majority control of the House for the first
time in decades, many Republican members viewed the committee system as
an obstacle to passing their policies and chose to empower Speaker Newt
Gingrich with the tools he needed to directly move their agenda.107 Since the
1990s, both parties have centralized power in leadership; as a result, the
percentage of bills that have bypassed the committee process has steadily
risen.108
In addition to the challenge of working within a culture that incentivizes
conflict and encourages performative behavior, members of Congress feel
increasingly sidelined from the lawmaking process. Their inability to play a
substantive role in legislative negotiations leaves some questioning the value
of their committee work and looking for alternative ways to participate in the
process. And for better or worse, social media and cable news provide an easy
outlet for members wanting to make their policy views known. This form of
“participatory politics” then reinforces the performance aspects of
contemporary congressional culture.109
5.4 – Finding Solutions: Steering Members Toward
Consensus, Not Conflict
OUTSIDE PERSPECTIVES
In order to address the question of how to encourage greater
collaboration and productivity within a culture that encourages – and
sometimes even rewards – conflict, Chair Kilmer and Vice Chair Timmons
agreed that the Committee needed to look beyond Congress. While such an
approach may seem counterintuitive, the goal was to learn from people with
deep experience in working through various forms of dysfunction. Rather than
assume that Congress is so unique that its problems can only be solved
internally, Committee members recognized that other institutions deal with
conflict all the time and have developed successful strategies for managing it.
The Committee thus spoke to experts in organizational psychology,
conflict resolution, strategic negotiations, and cultural change. Members talked
to consultants and coaches tasked with turning losing teams into winning
107. Evans, C. L. & Oleszek, W. J. (1997). Congress under fire: Reform politics and the Republican minority.
See
Houghton Mifflin. https://books.google.com/books/about/Congress_Under_Fire.html?id=
MJeGAAAAMAAJ
108. Davis, C. M. (2019, May 20). The legislative process on the House floor: An introduction (CRS Report
See
No. 95-563). https://crsreports.congress.gov/product/pdf/RL/95-563
109. See Chapter 2, Levin, Y. (2020). A time to build. Basic Books. https://www.basicbooks.com/titles/yuval-
levin/a-time-to-build/9781541699281/
98
ones. And they explored how some of America’s leading companies build
collaborative work environments or deal with conflict among corporate board
members. The experiences, best practices, and strategies shared by these
experts provided new insight into how Congress might address some of the
tensions that make it difficult for members to do the jobs they were elected to
do.
At a June 24, 2021, committee hearing on rethinking congressional
culture, some of these experts shared their ideas. In testimony before the
committee, High Conflict author Amanda Ripley described following people
who have gotten out of “high conflict” situations in politics, street gangs, and
even civil wars. In doing so, she learned that “the way people behave in
conflict is not that different--whether it’s in divorce court or a picket line or in
the halls of Congress.”110 It’s possible to identify patterns, practices, and rituals
that cultivate a kind of healthy conflict, where problems can be resolved.
Amanda Ripley testifies before the Modernization Committee.
110. Rethinking congressional culture: Lessons from the fields of organizational psychology and conflict
See
resolution: Hearing before the Select Committee on the Modernization of Congress, 117th Cong.
(2021) (testimony of Amanda Ripley). https://docs.house.gov/meetings/MH/MH00/20210624/112836/
HHRG-117-MH00-Wstate-RipleyA-20210624.pdf
99
William Doherty, a marriage and family therapist and co-founder of the
nonprofit organization Braver Angels, described how “carefully designed
structures for group processes and one-to-one conversations can lower rancor
and produce more understanding across partisan differences.” Activities that
require “structured sharing and encourage careful listening—including showing
humility about one’s own side—do yield measurable changes in attitudes and
behaviors.”111 Braver Angels has begun piloting its programs in Congress,
working with both members and staff on building cross-party relations and
conflict resolution strategies.
The Committee also heard from corporate consultants who have worked
with some of the country’s leading companies on promoting civility in the
workplace and developing successful leadership practices. Consultant Shola
Richards described why civility matters in an institution like Congress:
“Civility, in its simplest form, is a sincere and consistent
demonstration of respect. Without a baseline of respect, there
can be no trust. Without trust, communication among team
members will deteriorate rapidly. Without respect, trust, and
effective communication, committee meetings devolve into
dysfunction, highly-skilled staff members quit, and most
importantly, the American people who rely on this institution to
improve their lives, will become disillusioned and lose faith in
their elected officials.”112
In working to help companies design workplace structures and
strategies that encourage civility, Richards finds that there is much greater
commitment to actively practicing civility norms when employees play an
active role in creating the norms. There is also a greater willingness to hold
their peers accountable to those norms because they agreed to and helped
create them in the first place. Committing to this process takes time, but as
Richards argues, so does sitting through committee hearings where “toxic
conflict, incivility and dysfunction is the norm.” Through their own experiences,
many companies have determined that civility is too important to leave to
chance and “needs a process” to ensure it’s taken seriously by employees.113
Liz Wiseman, an author and consultant who has worked with top
executives around the world, testified before the Committee about leadership
strategies that members can employ to empower themselves and their teams.
111. See
Rethinking congressional culture: Lessons from the fields of organizational psychology and conflict
resolution: Hearing before the Select Committee on the Modernization of Congress, 117th Cong.
(2021) (testimony of William J. Doherty). https://docs.house.gov/meetings/MH/MH00/20210624/
112836/HHRG-117-MH00-Bio-DohertyB-20210624.pdf
112. Pathways to success: How practicing civility, collaboration, and leadership can empower Members:
See
Hearing before the Select Committee on the Modernization of Congress, 117th Cong. (2021)
(testimony of Shola Richards). https://docs.house.gov/meetings/MH/MH00/20210923/114045/HHRG-
117-MH00-Wstate-RichardsS-20210923.pdf
113. Ibid.
See
100
Wiseman addressed the frustration that many members express over their
inability to engage substantively in the legislative process and discussed
several “proven best practices from the corporate world that are used in
complex organizations where managers must lead and achieve desired
outcomes without formal authority.”114 Members, like these corporate
managers, must navigate complexity and engage in independent
decision-making as they work to achieve their legislative goals.
In addition to these experts, the Committee also heard from political
scientists who have studied relationship building and collaboration in
Congress. Kristina Miler shared recent research on the organizational climate
for cooperation and conflict in Congress and argued for creating “a
cooperative conflict climate where working together is constructive rather
than combative.” Such a climate would be markedly more participatory and
would encourage members to openly express positions and disagree with
colleagues and leadership.115
Alison Craig testified about how Congress can better facilitate
collaboration between members. She finds that “members routinely look for
opportunities to find common ground on policy and seek colleagues to work
with, including members of the other party … nearly every member
collaborates with at least one other member, and the average member has
between 15 and 20 colleagues they work with in a given Congress. Members
introduce legislation together, coauthor letters to agencies, host briefings, and
more.”116 Research shows that collaborative efforts are much more likely to
succeed, which is a strong argument for finding ways to encourage them.
INSIDE PERSPECTIVES
In addition to learning from diverse experts outside of Congress, the
Committee sought expertise from within the institution. Specifically, members
were interested in examples of how other committees have worked
collaboratively and productively. At a July 20, 2021, hearing, the Committee
heard from Reps. Fred Upton (R-MI) and Diana DeGette (D-CO), and from
former professional staff with the House Armed Services and House Ways and
Means Committees.
114. Ibid.
See
115. Rethinking congressional culture: Lessons from the fields of organizational psychology and conflict
See
resolution: Hearing before the Select Committee on the Modernization of Congress, 117th Cong.
(2021) (testimony of Kris Miler). https://docs.house.gov/meetings/MH/MH00/20210624/112836/
HHRG-117-MH00-Wstate-MilerK-20210624.pdf
116. Pathways to success: How practicing civility, collaboration, and leadership can empower Members:
See
Hearing before the Select Committee on the Modernization of Congress, 117th Cong. (2021)
(testimony of Alison Craig). https://docs.house.gov/meetings/MH/MH00/20210923/114045/HHRG-
117-MH00-Wstate-CraigA-20210923.pdf
101
Representatives Upton (R-MI, left) and DeGette (D-CO, right) share their experience
during a Modernization Committee hearing on July 20, 2021.
Reps. Upton and DeGette discussed their collaborative approach to
working on the 21st Century Cures Act, which was signed into law on
December 13, 2016.117 The Cures Act is intended to help accelerate medical
product development and bring new innovations and advances to patients
who need them faster and more efficiently.118 The passage of this bill was
widely considered a bipartisan victory because of its scope and the unanimous
support it received in committee, the broad support it received on the House
floor, and the overwhelming support it received in the Senate.
Having both Republicans and Democrats contributing to the foundation
of the bill in the Energy and Commerce Committee was essential to the
success of the Cures Act because it allowed political compromises to occur in
the bill’s development stage. At the hearing, Reps. Upton and DeGette
described traveling to visit various stakeholder groups together, as well as
holding a number of informal, bipartisan closed-door discussions with
committee members to work through the bill. The committee also held
117. 21st Century Cures Act, Pub. L. No. 114-255 (2016). https://www.govinfo.gov/app/details/PLAW-
See
114publ255
118. U.S. Food & Drug Administration. (2020, January 31). 21st Century Cures Act. https://www.fda.gov/
See
regulatory-information/selected-amendments-fdc-act/21st-century-cures-act
102
hearings that included all parties interested in the bill for the purpose of
identifying the root problems with the current research, development, and
delivery processes and to find solutions.119
Rep. DeGette, the bill’s lead co-sponsor, was instrumental in getting
support across the aisle. Together, she and Rep. Upton worked for months to
find common ground through deliberation and give-and-take, and by bringing
in other committee members, keeping them in the loop, and incorporating
their ideas. Their approach can serve as a model for how committee leaders
and members can forge bipartisan working relationships to successfully draft
and pass policy measures.
Bipartisan working relationships at the committee staff level also yield
results. Jenness Simler, former Staff Director and Deputy Staff Director of the
House Armed Services Committee, testified about how the Armed Services
Committee’s focus on issue expertise rather than party affiliation facilitates
strong cross-party collaboration at the staff level, resulting in greater
productivity. According to Simler:
“It is not uncommon for a staff member to be hired by the
majority when one party is control of the House and to stay in
that majority position when the other party assumes the majority.
It is rare to hear a member of the staff introduce themselves as a
“majority” or “minority” staffer. In fact, I think many members of
the committee do not know exactly which staff are majority and
which are minority. The staff also share office space, take
meetings together, and travel together … While the majority is
responsible for the calendar and for operations, hearings are
designed collaboratively. There is a single, joint hearing memo
issued by the staff. Many events are scheduled as roundtables or
briefings, to turn off the cameras, and allow a real exchange of
information to take place.”120
Warren Payne, a former Republican staffer with the House Ways and
Means Committee, also emphasized the importance of “turning off the
cameras” occasionally. “While transparency is important and vital for Congress
to operate, the need for transparency must be balanced against the need to
provide members opportunities to have frank conversations where they can
discuss and debate a wide range of views and policies … In my time as Policy
Director at Ways and Means, we conducted numerous closed-door, bipartisan
briefings at the member level where both outside experts and committee staff
presented information on policies being debated by the committee. No
119. Scoufis, C. (2017). Bipartisanship in the 21st Century Cares Act [Bachelor’s thesis, Duke University].
See
https://dukespace.lib.duke.edu/dspace/bitstream/handle/10161/16491/Courtney_Scoufis_Thesis.pdf
120. Enhancing committee productivity: Hearing before the Select Committee on the Modernization of
See
Congress, 117th Cong. (2021) (testimony of Jenness Simler). https://docs.house.gov/meetings/MH/
MH00/20210720/113936/HHRG-117-MH00-Wstate-SimlerJ-20210720.pdf
103
member ever abandoned their views and beliefs in these settings, but they did
provide members an opportunity to discuss their different views in a less
confrontational or adversarial setting.”121
Whether it’s possible (or even desirable) to restore committees to the
central role they once played in the lawmaking process is debatable. But as E.
Scott Adler pointed out in testimony before the Committee, “When committee
power diminishes, the body becomes more reliant on centralized leadership
and outside stakeholders, which reinforces the atrophy of committees as a
means of legislative engagement.”122 When committees are weak, members
have fewer opportunities to pursue the policy work they were elected to do.
Over time, this can lead to a shift in what members view as Congress’s primary
job. Today, many member offices view constituent services as more important
than lawmaking.123 But as many of the experts who testified before the
Committee argued, and as Reps. Upton and DeGette demonstrated through
their bipartisan work on the 21st Century Cures Act, entrepreneurial members
can still find ways to lead and collaborate on substantive legislative issues. By
focusing on consensus building rather than conflict and by pursuing formative,
rather than performative opportunities, members can increase their chances of
success.
5.5 – Recommendations
ENCOURAGE CIVILITY AND BIPARTISANSHIP IN CONGRESS
118. Promoting collaboration and leadership at member orientation: New Member
Orientation should strive to promote civility, collaboration, and leadership
skills and be held separately from party leadership events.
Changing the tone, structure, and coursework at orientation to include
leadership, civility, history, and collaboration would positively impact culture
and norms in Congress and help foster relationship building across the aisle.
This recommendation expands on the Committee’s previous recommendation
(#14) that New Member Orientation “include a session on House Rules of
Decorum and Debate and other practices to promote civility in Congress.”
Based on testimony received by the Committee, topics to consider piloting in
future new member orientations include a leadership training module;
historical perspectives on Congress; perspectives on social media; and
121. See
Enhancing committee productivity: Hearing before the Select Committee on the Modernization of
Congress, 117th Cong. (2021) (testimony of Warren Payne). https://docs.house.gov/meetings/MH/
MH00/20210720/113936/HHRG-117-MH00-Wstate-PayneW-20210720.pdf
122. Enhancing committee productivity: Hearing before the Select Committee on the Modernization of
See
Congress, 117th Cong. (2021) (testimony of E. Scott Adler). https://docs.house.gov/meetings/MH/
MH00/20210720/113936/HHRG-117-MH00-Wstate-AdlerS-20210720.pdf
123. Goldschmidt, K. (2022) State of the Congress 2022. Partnership for Public Service.
See
https://ourpublicservice.org/publications/state-of-the-congress-2022/
104
demonstrations on how civility and collaboration can increase member
effectiveness through case studies, videos, and stories from House colleagues.
To the extent possible, orientation sessions should be separated from party
leadership events.
119. Promoting collaboration and civility through voluntary training opportunities:
The Congressional Leadership Academy and Congressional Staff Academy
should offer voluntary training to members and staff to promote civility,
collaboration, and leadership skills.
The Committee received several suggestions for providing members and
staff additional training opportunities on current best practices that could
further support and enhance civility and bipartisan collaboration in the House,
including leadership development, conflict resolution, and meeting facilitation
skills. The CLA, which was proposed by the Committee in the 116th Congress,
should develop and offer voluntary continuing education and one-on-one
training programs for members who are interested in learning current best
practices for legislative cooperation and developing additional skills in these
areas.
Staff also benefit from continuing education and skills building in these
areas. The CSA should continue offering staff trainings in a bipartisan,
collaborative fashion including de-escalation training which is popular among
district staff. The Committee is encouraged by staff interest shown in the
bipartisan CSA coach program launched in July 2021. The Committee
encourages the CSA to continue the good work they’ve done and consider
expanding those offerings.
The Committee believes the programs offered through the proposed
CLA and CSA should be based on demand and need. CSA continually tracks
interest and demand for course offerings and CLA should develop their own
methods for tracking member interest and effectiveness of course offerings.
The Committee also believes the proposed CLA and the CSA should continue
to solicit feedback and track program performance metrics and effectiveness,
to ensure program offerings are meeting defined goals.
Suggested topics for training by CLA and CSA mentioned in expert
testimony received by the Committee include but are not limited to, 1) best
practices for facilitating forums that bring constituents with opposing views
together to promote dialogue and understanding, 2) fostering bipartisan
collaboration as a chair and/or ranking member, 3) perspectives on social
media distortions, 4) leadership development, including legislative
effectiveness, and 5) conflict resolution.
120. Acknowledging member involvement in legislation: Congress.gov should
provide a clearer accounting of member contributions to legislation.
The Committee received testimony supporting a better and clearer
accounting that enhances transparency and makes member involvement in
legislation clearer, particularly when standalone bills are incorporated into
105
larger omnibus packages. The Committee believes this can be done through
improved technology and tracking on Congress.gov’s “related bills” tab to
better reflect when standalone bills are incorporated into larger omnibus
packages. Relatedly, the Committee received testimony supporting more
robust committee reports that more clearly highlight member involvement in
committee-produced legislation. The Committee understands that some
committees already provide this information in their reports and believes that
a significantly improved and enhanced accounting of related legislation at
Congress.gov would make it easier for committee staff to track and provide
that information in their reports, which in turn, will provided added
transparency and help better account for member contributions in
committee-prepared reports.
121. Optional committee feedback tool: The House should develop and provide
tools for committee leadership to receive member feedback on committee
operations.
Committee chairs and ranking members could benefit from rank-and-file
member feedback and could adjust and improve leadership style and
committee operations. The Chief Administrative Officer (CAO) should develop
and provide an optional tool for committee chairs and ranking members to
solicit private feedback from members and staff on committee operations.
Envisioned as a customer service tool, it would focus on operations, not policy
or legislative agendas, providing committee leaders an optional way to survey
members and staff and identify opportunities for improvement.
122. Bipartisan committee events: Committees should have flexibility to host
occasional events to foster collaboration and further develop working
relationships among committee members.
The House of Representatives should consider changes to the
Committee Handbook to provide flexibility for committees to host occasional
bipartisan, collaboration-building events. The additional flexibility envisioned
would maintain existing related Committee Handbook policies, including the
prohibition on using committee funds to purchase alcohol, and include
additional guardrails that would prevent excessive spending and limit
spending to official committee business. Handbook changes should limit
events to those held on Capitol grounds. This change would also support
allowing committees to provide food during extended hearings/markups,
creating an informal and more impromptu way for committees to foster
working relationships at the staff and member levels. More bipartisan
brainstorming and relationship building events may lead to increased trust and
more collaboration.
106
123. Learning from state best practices: The House should survey and examine
best practices from state legislatures.
Many state legislatures manage to sustain relatively functional cultures
of bipartisan work despite deep divisions. Congress could learn from them,
and the process of such learning could itself be helpful to the culture of the
institution. Members should be encouraged, through a formal process, to bring
to the attention of their colleagues’ best practices in their state legislatures
that Congress might consider. This could take the form of a hearing either in
the House Committee on Rules or the Committee on House Administration,
inviting states to testify and share lessons. Members may also visit their state
capitols and bring information back to share with Congress.
124. Bipartisan group events: The Library of Congress is encouraged to expand its
regular, bipartisan events to include events specifically focused on promoting
relationship building and collaboration among members.
In 2013, the LOC began hosting a dinner series for members called
“Congressional Dialogues.” The stated purpose of these dinners is, “to provide
the members with more information about the great leaders and events in our
country’s past, with the hope that, in exercising their various responsibilities,
our senators and representatives would be more knowledgeable about history
and what it can teach us about future challenges.” A secondary goal was to
reduce partisan rancor by bringing members together in a nonpartisan setting.
Though it took a few years for these dinners to catch on with members, they
are now wildly popular. The LOC could build on this successful model and host
a “Civility Dialogues” dinner series, where the specific focus would be on
fostering civility, collaboration, and trust. The dinners or events would be on a
much smaller scale, for 10-20 members at a time, and feature experts who
would engage with the members on various topics connected to the overall
theme of civility. Implementation of this recommendation would not require
any new appropriated funding and should ensure compliance with House
Ethics guidelines.
125. Ongoing institutional support to facilitate civility and collaboration: An
institutional office of the House should provide best practices and facilitate
workshops that encourage bipartisan collaboration.
The House should investigate providing an institutional office with
direction to focus on and carry out the task of promoting collaboration best
practices. The House should make clear that this is a nonpartisan
responsibility.
126. Technology tools to enable collaboration: The House should offer technology
tools to facilitate member collaboration on legislation and issues of mutual
interest.
The House, through the CAO, should develop and deploy new
technology tools to better enable members and staff to identify policy areas
of common interest on which to collaborate. Members and staff who
107
voluntarily choose to participate would be able to, anonymously if desired,
share or select issues of interest and identify other members who share those
interests. Additionally, this system should provide up-to-date information
regarding the caucus participation of House members. Attempts at issue
“match-making” already happen through caucuses, listservs, the e-dear
colleague system, and organically through member and staff-level
relationships, but it can still be difficult identifying members to collaborate
with who have interests in specific topics. However, a new tool, for those who
choose to participate, could help speed up the process and make it easier for
members, especially new members without an established network, to identify
areas of mutual interest and expertise.
127. Information on outside organizations and resources: The House should
provide information on organizations and resources members can access for
services to help manage conflict and foster common ground.
Several outside organizations have created models for facilitating
private conversations between members with the goal of identifying and
fostering common ground. In offering these voluntary opportunities, rather
than building an in-house capability, the House could, consistent with House
rules, collaborate with established outside entities who may already be
providing a variety of these services to interested members and provide a
menu of options for members and staff. This information should be available
for all members and may be provided at New Member Orientation and/or the
proposed bipartisan biennial retreat. There should be guardrails for the
information provided to ensure there is no undue influence by outside
organizations. Outside organizations must be vetted and approved by the
Committee on House Administration and information must be provided in
accordance with House Ethics guidelines.
128. Bipartisan committee websites: Committees should have a bipartisan,
public-facing website with basic, nonpartisan information about the
committee and its operations.
For committees that choose to do so, this change would bring the
committee website in line with Senate committees, which have one bipartisan
website for each committee. Additionally, the Modernization Committee only
has one website, and it’s used mainly to house reports and committee activity.
Nothing in this recommendation would preclude a committee majority and/or
minority from having a partisan website, in addition to a nonpartisan, largely
administrative website that houses committee documents and resources and
doesn’t largely change content as the majority changes between party hands.
108
129. Voluntary resources to help committees develop civility norms: The House
should provide resources and guidance to committees seeking to create
tailored civility norms.
The Committee received testimony on the benefits for organizations
that adopt accepted norms of behavior and civility. The recommendation is for
the House to provide resources and guidance to committees wishing to
develop and adopt civility norms for and within their committee. These norms
may be established by committees during each new session of Congress.
Importantly, this is not a Code of Conduct. Traditionally, Codes of Conduct are
created by the leaders of an organization, with the expectation that those
within the organization will follow the codes that they created. Civility norms,
on the other hand, would be created by the members of each committee for
the members of each committee.
This information may be provided at a committee retreat and/or at the
proposed biennial bipartisan retreat. The Select Committee previously
proposed that committees meet to determine goals for the year, to discuss
how the members will treat each other in public and in private, and to
establish norms regarding how the committee will treat witnesses during
hearings.
130. Co-working spaces for staff: The House should explore bipartisan co-working
spaces for staff.
Flexible shared workspaces open to all staff could help break down
norms that staff can only work near and collaborate with people from the
same party. The co-working spaces for staff should be centrally located,
usable, and convenient for staff. While the House office buildings have
self-reserve rooms and other public spaces in and near the cafeterias where
staff can sit and meet, there are currently no spaces designed specifically to
facilitate staff working outside of their office and/or to collaborate, formally or
informally, with other staff. The Committee previously recommended that the
House’s physical workspace be updated and noted that members and staff
“desire private bipartisan spaces to work together.” This recommendation
further develops this idea.
131. Task force on the legislative process: A bicameral, bipartisan group of
members should convene to discuss rules changes to require reciprocated
consideration for widely supported, bipartisan legislation.
Representatives of the House and Senate should convene to discuss a
reciprocated rule change in each chamber that would take effect only upon
mutual adoption in both chambers. This rule change under discussion should
provide for each chamber to expedite consideration of all legislation that has
passed in the originating chamber by unanimous consent, or with at least
two-thirds of its members voting in the affirmative.
109
SUPPORT CONGRESSIONAL OPERATIONS
195. The House should permit legislation to have two members of Congress serve
as first sponsors, provided that members are affiliated with different political
parties.
A second primary sponsor designation for a member of a different party
would incentivize bipartisanship by giving a member who substantively helps
in the crafting and passage more credit than a co-sponsor designation, which
often only reflects support for the legislation. This recommendation does not
call for a change to the standing rules of the House but rather envisions a
special order to pilot the idea for a single Congress. There is some precedent
for having more than one member be the sponsor of a bill. The 104th
Congress adopted a special rule to allow the first 20 bills introduced in the
House (H.R. 1 through H.R. 20) to have more than one member listed as a first
sponsor. The committee understands that operational challenges may arise if
implementation diverges from the precedent of the 104th Congress.
198. Opportunities to Learn from other Legislatures: The Committee on House
Administration and the Committee on Rules should conduct semi-regular,
bipartisan international CODELs to learn about other legislatures and to
facilitate better collaboration and understanding among committee
members.
Many legislative bodies face similar challenges related to scheduling,
outdated technology, imbalance of power in their chambers that
disenfranchises members, and other capacity issues. Other parliaments have
chosen to address these problems in different ways from which the House
could draw some lessons. Learning best practices from other institutions can
lead to better problem-solving and reduce inefficiencies in existing processes.
199. Bipartisan New Member Update Seminar: The Committee on House
Administration should offer a voluntary seminar for new members well into
the start of their term.
An update session would allow new members to ask questions that may
have arisen since New Member Orientation, to continue to bond as a class, and
to allow members elected in special elections to participate.
5.6 – Conclusion
The work of promoting greater civility and collaboration in Congress is
ongoing. Each Congress will undoubtedly confront new challenges that
threaten to exacerbate already high levels of partisanship and polarization.
Indeed there are major forces at play – from cable news to social media to
campaign spending to the primary elections process – that make addressing
these issues tremendously challenging. But understanding the root causes of
polarization and the consequent shifts in congressional culture can help
members better navigate the institution and better appreciate the range of
110
ideologies and perspectives that their colleagues represent. Dysfunction isn’t
unique to Congress. But as with other institutions, it’s up to the people who
work within them to make change. These recommendations provide members
with a pathway for doing just that.
111
Chapter 6 – Strengthening Lawmaking and
Oversight Capacity
6.1 – Introduction
Two of the core responsibilities of Congress are to consider legislation
and conduct oversight of the other branches of government. As such,
reclaiming and strengthening various aspects of the legislative and oversight
processes have been a central focus of the Committee since its inception. The
ability to carry out these duties effectively and efficiently is implicit in
Congress’s Article I responsibilities.
Vice Chair Timmons (R-SC) speaks during a Modernization Committee hearing on
congressional oversight capacity.
Many consider the tasks of legislating and conducting oversight as
separate processes that do not interact or impact one another. However, as
scholars and practitioners point out, that is not the case. Elise Bean,
Washington Director of the Levin Center for Oversight and Democracy,
testified during the Committee’s November 4, 2021, hearing on improving
oversight capacity that the dual responsibility of legislating and conducting
oversight “go hand in hand, because how do you know what a law should look
like, how it should function, if it should be modified unless you get more
112
information?”124 As the figure below details, the policymaking process is a
multistep and iterative one that connects legislating and oversight activities in
ways that provide numerous opportunities for members, experts, and the
public to help shape decision-making.125
Although the Committee examined these issues in the 116th Congress
and passed several recommendations to address concerns in this space, there
remained ongoing interest in improving how the House carries out these core
functions. The Committee’s Final Report for the 116th Congress detailed the
factors contributing to the centralization of the lawmaking process and the
impact that has had on how the House functions. The main takeaways were
that rank-and-file members often feel shut out of the policymaking process,
that a decline in congressional capacity helped contribute to the increasing
expansion of executive branch power, and that working from a shared set of
facts can help members from opposing parties work together on identifying
and defining policy problems—even if they ultimately disagree on what the
solutions to those problems might be. Recommendations made during the
116th Congress focused on making the policymaking process more
deliberative and open, and sought to reinvigorate member interest in the work
of congressional committees.
In the 117th Congress, the Committee passed additional
recommendations specifically aimed at bolstering the transparency and
efficiency of the legislative process. The 17 recommendations described in this
chapter are aimed at strengthening congressional capacity throughout the
policymaking process, from idea inception through oversight. They are the
result of four separate hearings which focused on how an idea becomes a law,
evidence-based policymaking, strengthening congressional oversight, and
strengthening the legislative branch support agencies. The hope is that these
recommendations will allow Congress to better fulfill its constitutional
responsibility as the nation’s policymaking body.
124. Article One: Strengthening congressional oversight capacity: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2021). https://modernizecongress.house.gov/committee-
activity/hearings/article-one-strengthening-congressional-oversight-capacity
125. See page 8, Hart, N., Davis, E., Shaw, T. (2018). Evidence Use in Congress, Volume 1. Bipartisan Policy
Center. https://bipartisanpolicy.org/report/evidence-use-in-congress/
113
6.2 – Strengthening the Legislative Process
The “Schoolhouse Rock!” story of how a bill becomes a law has
captivated American audiences since it debuted in 1976. With a catchy tune
and heartwarming animation, it distilled the complicated pathway of how a bill
becomes a law into a narrative that was easily digestible for children and
adults alike. However, it enshrined in the public consciousness a view of the
legislative process that is not only incomplete but also outdated.
“Ideas from constituents are the sparks that ignite the legislative
process.”
-Chair Derek Kilmer, April 28, 2022
It is true that members continue to get ideas from constituents, as noted
by Chair Kilmer during the Committee’s April 28, 2022, hearing, and it is true
that once a bill is introduced it still goes to committee and from there to the
floor. However, there are a host of intricate processes that happen along the
way which have a tremendous impact on the efficiency and effectiveness of
the legislative process.126
LEGISLATIVE DRAFTING
Once a member has an idea, the first step in the legislative process is to
turn the idea into legislative text that can be introduced as a bill. This is most
typically done with assistance from the House Office of Legislative Counsel
(HOLC). The HOLC provides legislative drafting services to committees and
members on a nonpartisan, impartial, and confidential basis. They work with
committees and members to understand their policy preferences in order to
implement those preferences through clear, concise, and legally effective
legislative language.127
The HOLC assists in the drafting of all types of legislation and all
amendments in the House of Representatives. Most analyses of the legislative
process only account for the number of bills introduced or passed so public
data on legislative productivity often does not account for the total number of
legislative items that are drafted in a given term. However, as the table below
shows, the HOLC has recently provided some insight128 into how its workload,
and thus congressional productivity, has substantially increased in recent years
despite popular narratives about Congress’s lack of productivity.
126. House Information Systems Staff. (1974). Legislative status steps. USGPO. https://usgpo.github.io/
See
innovation/resources/2019-legislative-status-steps.pdf
127. House Office of the Legislative Counsel. (n.d.). Legislative Counsel. Retrieved November 2, 2022, from
See
https://legcounsel.house.gov
128. Fiscal Year 2023 budget request for the House of Representatives: Hearing before the Subcommittee
See
on Legislative Branch Appropriations, of the House Committee on Appropriations, 117th Cong. (2022)
(testimony of Wade Ballou, Jr.). https://docs.house.gov/meetings/AP/AP24/20220406/114592/HHRG-
117-AP24-Wstate-BallouW-20220406.pdf
114
As anyone who has worked on drafting legislation can attest, it is a very
timely, detailed, and labor-intensive process. Drafting attorneys must
undertake years of training and apprenticeship to become skilled drafters, able
to meet the unique needs of Congress. As Legislative Counsel Wade Ballou
stated in testimony before the Subcommittee on Legislative Branch
Appropriations, “new staff members will require a rigorous training program.
Using attorney training as an example, the Office uses an apprenticeship
model, which has proven to be best suited for developing skilled and
career-oriented legislative drafters.”129
As with all congressional offices, staff capacity is an important factor in
the office’s ability to meet demands. Deputy Legislative Counsel, Noah Wofsy,
highlighted the importance of staff capacity within the HOLC in the
Committee’s April 28, 2022, hearing stating, “an attorney with expertise in the
subject matter of a legislative request will be able to respond both more
effectively and more quickly than one who is unfamiliar with that subject
matter. At a time when fewer and fewer House staff, especially staff in member
offices, stay around long enough to develop expertise in the legislative
process, let alone in specific areas of law, the existence of a core of legislative
policy experts is crucial to the ability of the House to turn its ideas into law
that works.”130 As the table above shows, bill drafting demand has sharply
129. Fiscal Year 2023 budget request for the House of Representatives: Hearing before the Subcommittee
See
on Legislative Branch Appropriations, of the House Committee on Appropriations, 117th Cong. (2022)
(testimony of Wade Ballou, Jr.). https://docs.house.gov/meetings/AP/AP24/20220406/114592/HHRG-
117-AP24-Wstate-BallouW-20220406.pdf
130. Turning an idea into law: Modernizing the legislative process: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2022) (testimony of Noah Wofsy).
https://modernizecongress.house.gov/imo/media/doc/Wofsy-HOLC%20Testimony-Leg%20Process
%20Hearing.pdf
115
increased in recent years. However, the table below shows that functional
capacity has not increased at a commensurate rate. That, along with an
unpredictable schedule and lack of time to draft well may be contributing to
drafting attorney burnout.131
REFERRAL TO COMMITTEE
After a bill has been introduced via the Hopper or its newer online
companion, the e-Hopper, it is then referred to the appropriate committee(s)
of jurisdiction. The referral process is governed by a few component pieces.
The House Parliamentarian’s office consults House Rule X as well as
precedents created by past bill referrals when advising the Speaker on
committee jurisdiction.132 Rule XII names the Speaker the sole individual with
authority to direct the referral of bills, though as a practical matter, this
administrative duty is delegated to the Office of the House Parliamentarian.133
Under House Rules, bills are assigned a primary committee of jurisdiction with
additional referrals to other committees that also maintain jurisdiction over the
131. See page 3, Fiscal Year 2023 budget request for the House of Representatives: Hearing before the
Subcommittee on Legislative Branch Appropriations, of the House Committee on Appropriations,
117th Cong. (2022) (testimony of Wade Ballou, Jr.). https://docs.house.gov/meetings/AP/AP24/
20220406/114592/HHRG-117-AP24-Wstate-BallouW-20220406.pdf
132. House Committee on Rules. (n.d.). Rules of the 109th Congress: Rule X: Organization of Committees.
See
Retrieved November 2, 2022, from https://rules.house.gov/sites/democrats.rules.house.gov/files/
documents/Archives/RX.htm
133. House Committee on Rules. (2021, February 2). Rules of the 117th Congress. Clerk of the House of
See
Representatives. https://rules.house.gov/sites/democrats.rules.house.gov/files/117-House-
Rules-Clerk.pdf
116
matter. The primary committee to which a measure is referred is informally
known as the “lead committee.”134 Once a bill has been assigned to a
committee or committees, the Clerk’s office notifies each committee and
transmits the bill to them.
One pain point members and staff have identified as a potential area for
improvement is the sometimes-haphazard transmission process of a bill to the
committee of jurisdiction. Sometimes a list of bills is transmitted through a
series of spreadsheets, sometimes through email, and sometimes by the
delivery of physical copies. Each Congress, through a process scholars call
“winnowing,” many more bills are introduced than ever make it out of
committee. While there are many reasons a bill might be “winnowed” at the
committee stage,135 it is possible that the technical means by which bills are
referred to committee exacerbate the problem by making it difficult for
committees to track the bills for which they are responsible. In testimony
before the Committee, Deputy Clerk Kevin McCumber said that the Clerk’s
office is aware of these challenges and is currently working to modernize the
bill referral process:
“…there is opportunity that we are evaluating within our LIMS
modernization efforts to improve those communications and data
transmissions to committees. Our new LIMS modernization effort
is going to be built in a way where we can more quickly update
technology and add additional applications to modernize
committee communications.”136
-Deputy Clerk Kevin McCumber, April 28, 2022
PUBLIC ACCESS AND PUBLISHING
At each stage of the process, transparency and public access is of the
utmost importance. Introduced legislation is made accessible through
Congress.gov, where relevant information including bill summary, cosponsors,
and stage of the legislative process is maintained. Before the Library of
Congress can post any of this information it must first be documented and
proofread by both the Office of the Clerk and the Government Publishing
Office (GPO). GPO is constantly innovating to remain current; for example, the
Committee’s Final Report for the 116th Congress piloted a new template
structure created by GPO. However, much of its proofreading and editing
134. House Committee on Rules. (n.d.). House Committee Referrals. Retrieved November 2, 2022, from
See
https://rules.house.gov/sites/democrats.rules.house.gov/files/documents/Archives/
comm_referrals.htm#:~:text=Under%20the%20current%20rules%20of,is%20called%20the%20lead
%20committee
135. Krutz, G. S. (2005). Issues and institutions: ‘Winnowing’ in the U.S. Congress. American Journal of
See
Political Science, 49 (2), 313-326. https://www.jstor.org/stable/3647679
136. Turning an idea into law: Modernizing the legislative process: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2022). https://modernizecongress.house.gov/turning-an-
idea-into-law-modernizing-the-legislative-process
117
processes still operate on a paper-based, hand-edited, system. This is in part
to maintain a high-quality product but is also a result of existing policies
maintained by the Clerk’s office and GPO. The paper-based, hand-edited
system that GPO employs also extends to committees when they are working
to publish committee reports. Committees send an electronic version of their
reports to GPO, then may engage in a series of back-and-forths, exchanging
hand-edited paper copies of the report until a final print version is signed off
on by the committee. This paper-based process can lead to delays in the
publishing process and in getting information updated on Congress.gov.
FITS AND STARTS
As the Committee has already examined with regard to the
congressional schedule and calendar, the rate and manner by which Congress
conducts legislative business creates periods of strain for these support
offices. The Clerk, GPO, and HOLC all described in conversations with
Committee staff how the sporadic legislative calendar causes variation in work
product demand. The increasing reliance on omnibus legislation and the
disjointed appropriations process create periods where the drafting and
passage of major pieces of legislation increases the demands on the support
offices and forces them to temporarily re-prioritize their work. For example,
118
the figure above shows how even though Congress is considering fewer bills
on the floor, the size of these bills has exponentially increased.137 This, in turn,
makes it more difficult for members to advance their own individual bills
through the process.
6.3 – Evidence-Based Policymaking
In addition to investigating ways to improve the nuts and bolts of the
legislative process, the Committee also sought ways to ensure that Congress is
better informed, and that federal policy is grounded in the use of unbiased
evidence. To do so, the Committee held a hearing on October 27, 2021, titled,
“Strengthening the Lawmaking Process: How Data can Inform and Improve
Policy.” Throughout the hearing, Committee members expressed that
improving Congress’s access to reliable data would help improve the quality of
policy debate within the institution.
(From left to right) Rep. Latta (R-OH), Chair Kilmer (D-WA), Vice Chair Timmons
(R-SC), and Rep. Phillips (D-MN) sit down for a Modernization Committee hearing on
evidence-based policymaking.
137. Select Committee on the Modernization of Congress. (2020, October). Final report, 116th Congress.
See
USGPO. https://modernizecongress.house.gov/imo/media/doc/
ModernizationCommittee_10152020r1Compressed%20(newest%20gpo%20report).pdf
119
“This is a very important issue, because everybody has their own
facts, and I think maybe the most important thing is the lack of
exchange of ideas and the lack of defense of ideas …
Evidence-based policymaking is the only way out of the situation
we are in. The biggest challenges facing us will only be overcome
if we can find a way to reform the manner in which we conduct
ourselves in this institution.”138
-Vice Chair William Timmons
Evidence-based policymaking (EBP) covers a wide variety of topics
from data gathering efforts, to program implementation measures, to program
evaluation. Likewise, the term “evidence” can apply to a wide variety of
information. Generally, scholars and practitioners of EBP use the term
“evidence” to mean “systematically collected data that have been analyzed
with rigorous research methods to provide insights about how policies and
programs operate.”139 Historically, the bureaucracy, whether it be at the state
or federal level, has led the way when it comes to implementing EBP.
Legislatures, for a variety of reasons, have been slower to adopt EBP best
practices, though some state legislatures have been at the forefront of this
issue.
The rationale behind EBP is to establish a common set of facts and data
that decision-makers can call upon to inform their thinking. EBP is not meant
to circumvent or replace the deliberative or democratic process; rather, it is
meant to bolster it. Establishing a baseline set of facts for the purposes of
debate and deliberation has the dual advantage of 1) getting policymakers on
the same page (and potentially making debates more civil) and 2) allowing
policies to be crafted in a more informed way that should improve outcomes.
Likewise, using evidence in the policymaking process will help lawmakers
better target and use taxpayer dollars to ensure they are not going to waste
by funding ineffective programs and are achieving desired outcomes. EBP’s
uses include informing specific decisions (instrumental); influencing how
policymakers frame approaches to finding solutions (conceptual); supporting
mobilization or opposition to specific actions (tactical); and creating
requirements for activities to rely on evidence (imposed).140
It should be noted, using data in some of these ways is not new to
Congress. The institution has used data to inform aspects of its policymaking
processes for decades—mostly through its support agencies (CRS/GAO/CBO).
As hearing witness Nick Hart stated, “I think it is important to recognize, first
138. Strengthening the lawmaking process: How data can inform and improve policy: Hearing before the
See
Select Committee on the Modernization of Congress, 117th Cong. (2021).
https://modernizecongress.house.gov/imo/media/doc/oct.27hearingtranscript.pdf
139. See page 7, Hart, N., Davis, E., Shaw, T. (2018). Evidence Use in Congress, Volume 1. Bipartisan Policy
Center. https://bipartisanpolicy.org/report/evidence-use-in-congress/
140. Ibid.
See
120
of all, that Congress does evidence-based policymaking today. This is not
something as a critique to say that this doesn't happen at all. There are
definitely areas where committee staff are incredibly savvy, and information
from CRS, GAO, and CBO is all relevant. I think my main points would be about
strengthening that capacity.”141 However, placing a greater emphasis on EBP
in the legislative process will ensure that data and evidence are incorporated
more wholistically into the decision-making process.
EBP AT THE STATE LEVEL
Minnesota and New Mexico have been at the forefront of states
engaging in EBP. Both have taken deliberative steps to incorporate evidence
into policy decision-making processes, including guiding investments, tracking
program outcomes, and evaluating impacts. While the two states are quite
different in terms of average gross domestic product growth rates, average
household income levels, and the degree of government authority over service
delivery, both have successfully incorporated evidence into their policy
processes. This suggests that regardless of structural differences in
governments and in the makeup of state populations, evidence-based
approaches can be tailored in ways that make sense for a particular
government’s and population’s needs.
While tailoring an evidence-based approach to a state’s particular needs
is the best way to generate useful results, the Results First Initiative142 has
identified four elements that are “central to ensuring that the states’ efforts to
gather and use evidence are successful and enduring.”143
1) A respected, nonpartisan coordinating entity. “A central impartial
oversight entity can be well positioned to help state governments base
their programs and policies on sound evidence, using data to make
unbiased recommendations and building relationships across the political
spectrum.”144 Ensuring that the entity is staffed with objective experts is
key so that evidence and data produced are trusted by decision-makers.
2) Integrating evidence into everyday business. “State governments should
integrate new requirements and practices that involve evidence into
existing processes so that these requirements and practices are not seen
as one-time efforts. This integration can include allocating ongoing
resources; continuously updating related data and tools; and maintaining
dedicated staff with sufficient capacity to conduct difficult analyses,
141. See
Strengthening the lawmaking process: How data can inform and improve policy: Hearing before the
Select Committee on the Modernization of Congress, 117th Cong. (2021).
https://modernizecongress.house.gov/imo/media/doc/oct.27hearingtranscript.pdf
142. The Results First Initiative is a program hosted by Pew Charitable Trusts that works with states to
See
implement evidence-based policymaking approaches to help guide investment in proven policies and
programs. See: Pew Charitable Trusts. (n.d.). Results First Initiative. Retrieved November 3, 2022, from
https://www.pewtrusts.org/en/projects/results-first-initiative
143. Dube, S. (2021, March 24). How states can develop and sustain evidence-based policymaking: Lessons
See
from Minnesota and New Mexico. Pew Charitable Trusts. https://www.pewtrusts.org/en/research-and-
analysis/issue-briefs/2021/03/how-states-can-develop-and-sustain-evidence--based-policymaking
144. Ibid.
See
121
utilize evidence, and engage in meaningful conversations about evidence
with diverse stakeholders.”145 Both Minnesota and New Mexico reserve
funds for the purpose of systematically incorporating evidence into
program and policy decisions, and have dedicated staff to help gather
and assess data.
3) A diverse, engaged group of evidence users and generators. It’s important
to secure top-down and bottom-up support for EBP efforts at the outset.
“Having ‘champions’ – a diverse bench of leaders in the legislature, in the
governor’s office, and in government agencies to help facilitate and
promote evidence – helps ensure that efforts will continue even if there is
turnover or a change in administration.”146
4) Compelling the promotion of evidence uses and benefits. Making
concerted efforts to refine and tailor messaging around the value of
evidence-based approaches can help different audiences understand why
it matters. “(I)mproving communication with crucial stakeholders –
ranging from executive leadership to service providers – is neither a quick
nor a straightforward process but a necessary one. It requires
communicating information about the initiative to concerned parties in a
manner that meets their needs and expectations.”147 Messaging also
needs to be tested and adjusted over time.
As the Committee has learned through its work on other issues,
experiences and perspectives from state legislatures can provide valuable
insights into what may work in Congress. The experiences of states
implementing evidence-based approaches to their policy work can help
Congress better understand the benefits and challenges of such systems.
EBP AND CONGRESS
In recent years, Congress has taken steps to improve the federal
government’s data capabilities and issued new requirements for executive
branch agencies. In 2014, Congress passed the Digital Accountability and
Transparency Act (the “DATA Act”) which required the federal government to
transform its spending information into open data.148 At the time, the DATA
Act was viewed as a tremendous step forward because it 1) required OMB to
establish government-wide data standards for spending information and 2)
required that the data be published and accessible to the public.149
Following the success of the DATA Act, Speaker Paul Ryan, Senator
Patty Murray, and President Obama sought to expand the government’s
collection and use of data to better facilitate EBP and created the Commission
on Evidence-Based Policymaking in 2016. This commission brought together
145. Ibid.
See
146. Ibid.
See
147. Ibid.
See
148. Digital Accountability and Transparency Act of 2014, Pub. L. No. 113-101 (2014).
See
https://www.congress.gov/113/plaws/publ101/PLAW-113publ101.pdf
149. Data Coalition. (2020). The DATA Act. https://www.datacoalition.org/policy-issues/government-
See
spending/data-act/
122
Democrats, Republicans, and nonpartisan experts to generate
recommendations that would allow for a “future in which rigorous evidence is
created efficiently, as a routine part of government operations, and used to
construct effective public policy.”150 The commission generated 20
recommendations that ranged from establishing a National Secure Data
Service to developing learning agendas in federal departments that support
the generation and use of evidence.151 Congress then took many of the
recommendations from this commission and enacted them as part of the
Foundations for Evidence-Based Policymaking Act of 2018 (“Evidence
Act”).152
The Evidence Act was the most expansive effort undertaken by the
federal government to change policies and increase the country’s data
infrastructure to improve the capability of lawmakers to engage in EBP. The
bill included key provisions drafted by Chair Kilmer to ensure public data is
“made available in a format computers recognize so people, organizations,
and other government offices can search it easily.”153 The bill also required
federal agencies to hire Chief Data Officers, Evaluation Officers, and Statistical
Officials to coordinate, oversee, and advise different elements of evaluation,
data, and statistical policy issues.
Currently, Congress is looking for ways to continue to build on the
success of the Evidence Act. The House passed the Access to Congressional
Mandated Reports Act (H.R. 2485) by voice vote in July 2021, which would
require the Government Publishing Office (GPO) to establish and maintain a
publicly available online portal containing copies of all congressionally
mandated reports.154 Should it become law, it would be another step in the
direction of ensuring that data already collected by the government can be
used by decision makers in Congress and available to the public.
THE CHALLENGE OF EBP IN CONGRESS
Despite the innovations the DATA Act and Evidence Act ushered in
throughout the executive branch, not much progress has been made in
moving Congress towards the goal of routine EBP. Experts on the subject
seem to indicate that there are three key reasons as to why this is the case.
They point to perception, institutional, and systemic barriers to EBP in
Congress.
150. Commission on Evidence-Based Policymaking. (2017). The promise of evidence-based policymaking.
See
https://bipartisanpolicy.org/download/?file=/wp-content/uploads/2019/03/Full-Report-The-Promise-
of-Evidence-Based-Policymaking-Report-of-the-Comission-on-Evidence-based-Policymaking.pdf
151. Ibid.
See
152. Foundations for Evidence-Based Policymaking Act of 2018, Pub. L. No. 115-435 (2018).
See
https://www.congress.gov/115/plaws/publ435/PLAW-115publ435.pdf
153. Office of Congressman Derek Kilmer. (2017, November 15). House passes evidence-based policy
See
legislation which includes key Kilmer-drafted provision to make data more transparent and accessible.
https://kilmer.house.gov/news/press-releases/house-passes-evidence-based-policy-legislation-which-
includes-key-kilmer-drafted-provision-to-make-data-more-transparent-and-accessible
154. Access to Congressionally Mandated Reports Act, H.R.2485, 117th Cong. (2021).
See
https://www.congress.gov/bill/117th-congress/house-bill/2485
123
First, EBP faces a perception problem. Often evidence already exists on
a policy that members are evaluating, but policymakers sometimes perceive
that the evidence is not useful, not credible (i.e., biased), or not relevant to the
decision at hand.155
Institutional barriers present another obstacle to incorporating EBP into
Congress’s work. The barriers can include Congress’s unique decision-making
processes, staffing structure, or support agency structures that can impede
the ability of policymakers to obtain evidence.156 For example, the
Congressional Research Service often must file FOIA requests to obtain
information from the executive branch.157 This slow and cumbersome process
is a structural issue that directly impacts the evidence and data Congress can
use in its decision-making.
Finally, EBP may be difficult to implement in Congress because of
systemic barriers. These are the norms, processes, and day-to-day procedures
of Congress that can affect whether relevant evidence is available and usable
for policymakers.158 Perhaps the most impactful systemic barrier is that of
time. Congressional activities can move at a very rapid pace and timeframes
are often unpredictable. Even the best evidence provided to Congress is not
usable if the evidence is not available in the right form at the right time.
Hearing witness, Poppy MacDonald, discussed how it took around three
months for USAFacts to generate its data pulling from 56 different datasets
across 19 federal agencies—which is more time and staff hours than most
congressional offices have at their disposal.159
As the Bipartisan Policy Center’s Evidence Use in Congress report notes,
“Research about the use of evidence largely envisions a single decision-maker
or an executive, not a bicameral legislative body…The use of evidence in the
congressional context must achieve a reasonable balance between the ability
of generators to make useful evidence and the ability of potential users to
articulate demand and priorities.”160
155. See page 17, Hart, N., Davis, E., Shaw, T. (2018). Evidence Use in Congress, Volume 1. Bipartisan Policy
Center. https://bipartisanpolicy.org/report/evidence-use-in-congress/
156. See page 18, Hart, N., Davis, E., Shaw, T. (2018). Evidence Use in Congress, Volume 1. Bipartisan Policy
Center. https://bipartisanpolicy.org/report/evidence-use-in-congress/
157. Modernizing the congressional support agencies to meet the needs of an evolving Congress: Hearing
See
before the Select Committee on the Modernization of Congress, 117th Cong. (2021).
https://modernizecongress.house.gov/committee-activity/hearings/10/14/2021/modernizing-the-
congressional-support-agencies-to-meet-the-needs-of-an-evolving-congress
158. See page 19, Hart, N., Davis, E., Shaw, T. (2018). Evidence Use in Congress, Volume 1. Bipartisan Policy
Center. https://bipartisanpolicy.org/report/evidence-use-in-congress/
159. Strengthening the lawmaking process: How data can inform and improve policy: Hearing before the
See
Select Committee on the Modernization of Congress, 117th Cong. (2021).
https://modernizecongress.house.gov/imo/media/doc/oct.27hearingtranscript.pdf
160. See pages 22-23, Hart, N., Davis, E., Shaw, T. (2018). Evidence Use in Congress, Volume 1. Bipartisan
Policy Center. https://bipartisanpolicy.org/report/evidence-use-in-congress/
124
“Evidence-based policymaking isn't about always having precise,
perfect evidence at the beginning of a process, because we rarely
do. It is about building and continuously learning over time.”161
-Nick Hart, October 27, 2021
EBP has the potential to improve government performance and
lawmaking by establishing a common set of facts for lawmakers to draw on.
However, it is not a panacea and will require both members of Congress and
evidence generating bodies to work together to move better access and
incorporation of data forward.
6.4 – Modernizing Congressional Support Agencies to
Meet the Needs of an Evolving Congress
Members of Congress are constantly awash in a sea of information. From
constituent letters to the arguments of lobbyists and advocacy groups, to
reports from think tanks and government agencies, each day members learn
about new problems—and potential solutions—on a never-ending litany of
topics. As Thomas Jefferson once said, “There is, in fact, no subject to which a
member of Congress may not have occasion to refer.”162 While there are many
offices and agencies that provide information to Congress and help the
institution function, there are three that are particularly important when it
comes to providing expert policy analysis and information: the Congressional
Research Service (CRS), Government Accountability Office (GAO), and
Congressional Budget Office (CBO).
When they were created—CRS in 1914, GAO in 1921, and CBO in
1974—these agencies were intended to help professionalize the legislature and
to provide Congress with the expertise necessary to oversee the growing
federal government. They are, in short, designed to help bolster congressional
capacity. The reports and analyses provided by these agencies are used
throughout the legislative process from the idea generation and problem
definition stages all the way through the final passage of a bill.
In addition to aiding the legislative process, the agencies also provide a
platform of expertise from which Congress can push back against the
expanding—and better resourced—executive branch. The CBO, for example,
was created after the “seven-year budget war” between the executive branch
161. Strengthening the lawmaking process: How data can inform and improve policy: Hearing before the
See
Select Committee on the Modernization of Congress, 117th Cong. (2021).
https://modernizecongress.house.gov/imo/media/doc/oct.27hearingtranscript.pdf
162. Seecited, page 130, Kosar, K. R. (2020). Legislative branch support agencies: What they are, what they
As
do, and their uneasy position in our system of government. In T. M. LaPira, L. Drutman, K. R. Kosar
(Eds.), Congress overwhelmed: The decline in congressional capacity and prospects for reform (pp.
128-144). University of Chicago Press. https://doi.org/10.7208/chicago/9780226702605.001.0001.
125
Rep. Davis (R-IL) speaks during a Modernization Committee hearing on congressional
support agencies.
and Congress during the Johnson and Nixon administrations. During this
period, the executive branch had been impounding funds appropriated by
Congress, thereby weakening the legislative branch.163 Likewise, the GAO
regularly issues reports on wasteful spending and fraud within the federal
government which allows Congress to conduct better oversight to ensure that
taxpayer dollars are not going to waste. The functioning of and working
relationship these agencies have with members and staff was a main focus of
the Committee during the 117th Congress, resulting in the passage of 10
recommendations.
SUPPORT AGENCY CAPACITY
The support agencies provide a variety of services and products to
members of Congress and staff, including testifying before committees,
responding to policy-related information requests (e.g., reports and in person
briefings), and meeting statutory mandates (e.g., CBO’s budget reports to
budget committees). As the chart below shows, Congress continues to make
great use of the wide variety of products and services generated by these
agencies.
163. See pages 2-3, Joyce, P. (2015, February). The Congressional Budget Office at middle age. (Brookings
Institute Working Paper No. 9). https://www.brookings.edu/wp-content/uploads/2016/06/
PJ_WorkingPaper9_Feb11_Final.pdf
126
Sources: CBO (2022); Mazanec, M. B. (2022); GAO (2022).
Congress regularly enacts longer and more complex bills than it did in
previous eras. While the overall number of bills passed per Congress has
decreased, the number and complexity of those that have been introduced
and passed has increased. As a result, Congress arguably needs greater access
to specialized policy, legal, and technical expertise. However, the capacity of
the support agencies has remained relatively flat.164 To make up for this,
agencies have had to build efficiencies into their workflow and staffing
structures. Some of the jobs the agencies cut were jobs that became obsolete
as technology evolved. For example, there is no longer a need for CRS
employees to clip and distribute articles from actual newspapers.
This dynamic of increased demand for information and expertise,
combined with a lack of strong support for the agencies created to provide
nonpartisan analysis, gave rise to a thriving think tank community, beginning in
the 1970s. The community of outside experts has now existed for so long that
members and their staff have come to rely on the information they provide. As
political scientist Molly Reynolds puts it, “staff also seek out these outside
organizations to help advance particular goals, including to counter other
sources of expertise… [as one senior House staffer described] ‘we need those
outside guys as well to come and critique the CBO scores.’”165 Congress has
ample access to information through think tanks, which has likely staved off
164. Rocco, P. (2021, September 1). Memorandum to the Select Committee on the Modernization of
See
Congress Re: Opportunities for strengthening the CBO’s role as a source of fiscal policy knowledge.
[Unpublished memorandum].
165. See page 46, Reynolds, M. (2020). “The decline of congressional capacity.” In T. M. LaPira, L. Drutman,
K. R. Kosar (Eds.), Congress overwhelmed: The decline in congressional capacity and prospects for
reform (pp. 34-50). University of Chicago Press. https://doi.org/10.7208/chicago/
9780226702605.001.0001.
127
Staff Size at Three Congressional Support Agencies
6,000
5,000
4,000
3,000
2,000
1,000
0
Congressional Research Service Government Accountability Office
Congressional Budget Office
the worst consequences of decreased capacity in its own support agencies,
but these alternative sources of information may have biases that should be
considered when weighing what they provide to Congress as compared to
what the support agencies provide.
The issues that plague congressional support agencies are not limited to
those of capacity. Some outside observers have argued that the polarized
culture on Capitol Hill has also made it increasingly difficult for the support
agencies to provide expertise to members and staff. To some degree, there is
conflict over how to define “objective” and “neutral” information, which has
reportedly led to frustrations among analysts and a limiting of agency experts’
ability to come to definitive conclusions in their reports.166
ONGOING NEEDS
During the 116th Congress, the Committee issued several
recommendations to support strengthening existing congressional support
agencies and to bring back the defunct Office of Technology Assessment
(OTA). However, as the 117th Congress progressed, the Committee realized
there was more work to do when it came to modernizing how the institution
interacted with and used its support agencies. On October 21, 2021, the
Committee held a hearing titled, “Modernizing the Congressional Support
Agencies to Meet the Needs of an Evolving Congress,” to investigate ways to
improve how the agencies meet the changing needs of Congress in the
modern world. As Chair Kilmer highlighted in his opening remarks, the
ongoing importance of congressional support agencies to provide expert
information to members and staff is the same as when they were first created:
166. See page 139, Kosar, K. R. (2020). Legislative branch support agencies: What they are, what they do,
and their uneasy position in our system of government. In T. M. LaPira, L. Drutman, K. R. Kosar (Eds.),
Congress overwhelmed: The decline in congressional capacity and prospects for reform (pp. 128-144).
University of Chicago Press. https://doi.org/10.7208/chicago/9780226702605.001.0001.
128
“The range and complexity of issues that members encounter on
a daily basis can be totally overwhelming, and schedules leave
little, if any, time for doing independent research. So the ability to
call on subject-matter experts for nonpartisan analysis on issues
before Congress and in their districts back home undoubtedly
helps members do their jobs better.”167
To help Committee members better understand both agency personnel
and end-user perspectives, the hearing consisted of two panels of witnesses.
First, the Committee heard from the agency directors including Comptroller
General Gene Dodaro, Director of the Congressional Research Service Mary
Mazanec, and Director of the Congressional Budget Office Phillip Swagel. A
second panel of outside experts included former CRS analyst and current
House employee, Wendy Ginsberg; former CBO analyst and public budgeting
expert, Philip Joyce; and science and technology expert, Zach Graves.
CRS Director Dr. Mary Mazanec testifies during a Modernization Committee hearing.
167. Modernizing the congressional support agencies to meet the needs of an evolving Congress: Hearing
See
before the Select Committee on the Modernization of Congress, 117th Cong. (2021).
https://modernizecongress.house.gov/committee-activity/hearings/10/14/2021/modernizing-the-
congressional-support-agencies-to-meet-the-needs-of-an-evolving-congress
129
During the first panel, agency heads detailed how they view their
responsibilities to Congress, efforts they have made to modernize their
agencies, and challenges they face as they seek to improve their products and
services. The directors of CRS and CBO raised concerns about their ability to
continue to recruit and retain highly qualified and expert staff. Discussion
during the hearing included the ability of agencies to widen their staff
searches to consider hiring individuals outside of the Washington, D.C., area,
an approach that’s become more possible in the post-COVID era due to the
increased use of telework. Comptroller General Dodaro testified that GAO has
begun exploring that idea saying, “…when we opened up recruitment,
particularly for interns, which is our main pipeline for hiring, we were able to
get a more diverse group of interns by not having them be in our field offices
or in GAO headquarters. So we are moving to have our internship program be
open for more remote learning as well.”168
When it comes to ensuring that congressional support agencies can
meet the needs of an evolving Congress, two main issues routinely were raised
by members, agency heads, and outside experts: access to data and improved
customer service.
Access to data (from federal agencies and other sources) was an
ongoing concern raised by agency directors at the hearing. They remarked
that the COVID-19 pandemic did improve some aspects of data access
because it required their agencies to create new memorandums of
understanding (MOUs) to allow remote access. However, all three agencies
suggested they routinely face problems with accessing real-time, dynamic
data. By only having access to static data, agencies are limited in the types of
analyses they can conduct. Additionally, support agencies, CRS in particular,
raised concern that some executive branch agencies do not always recognize
the authority of congressional support entities as extensions of Congress. As
CRS Director Mazanec testified:
“Occasionally, executive-branch agencies are reluctant to share
data with us. They ask us to submit a formal FOIA request, or they
ask us why we need the data, who is it for, or they try to put
restrictions on use of the data, where they don't want us to share
it with third parties. All of that would make it more difficult for us
to support you.”169
Improving customer service of the support agencies was another
important focus of the hearing. As agency directors noted, all three agencies
regularly serve almost every member, committee, and leadership office during
the course of a congressional term. However, as Rep. Rodney Davis (R-IL) put
it, members have “…some complaints with some of the products that are
168. Ibid.
See
169. Ibid.
See
130
coming in, be it timeliness, be it a possible bias, some other issues, the quality
of product…”170 This led to a discussion about how the agencies solicit
feedback from members and staff about their satisfaction with the products
and services they receive from the agencies.
The three agencies all have different approaches to soliciting feedback.
CBO Director Swagel stated, “We track things on our website, you know,
where people are coming from. So we do a little bit. We also work with the
Budget Committees. And, you know, both sides, all four corners of the Budget
Committees are extremely helpful for us, you know, sort of, flagging people
who are upset or building, you know, moving toward being upset with us.”171
Director Mazanec said CRS has a different approach by soliciting informal
ongoing feedback at the seminars the agency hosts as well as a Gallup poll
every two years. However, she noted that for both types of feedback the
response rate is generally low. Comptroller General Dodaro said the GAO uses
auto-generated emails to solicit feedback from users after they receive a
report from the agency. Additionally, he stated that “I try to meet with chairs
and ranking members of all the committees and get direct feedback, too.”172
CBO Director Phillip Swagel (right) testifies before the Modernization Committee.
170. Ibid.
See
171. Ibid.
See
172. Ibid.
See
131
The second panel’s discussion primarily focused on ways to improve the
customer service experience of the support agencies. The witnesses argued
that by improving agency customer service posture, members and staff could
more easily make use of the high-quality work product the agencies produce.
Wendy Ginsberg said that one challenge many congressional staff face is
compiling and synthesizing all of the various sources of information that
accompany any given policy topic. She argued that “CRS must generate
products that combine legal and policy analysis and not make us go to several
sites to figure out the policies that we need to know about a single subject.”173
Additionally, as Zach Graves testified, there are potentially huge gains if
support agencies improved how they worked with Congress to make
information more readily accessible to members and staff. His written
testimony argues, “Congress should require GAO to set deadlines for its
recommendations and publicly track agencies’ progress implementing these
recommendations. This would inform congressional oversight and hold
agencies accountable to the public for government improvements.”174
Improving how the agencies approach customer service also has the
potential to increase government transparency and could allow the public to
better access and understand Congress’s decision-making processes. As Rep.
Nikema Williams (D-GA) noted in questions for the witnesses, “Congressional
support agencies help congressional offices accurately assess how policy
impacts their districts. These agencies also help constituents know what is
going on in Congress.”175 In developing recommendations the Committee
sought to keep this perspective in mind.
6.5 – Strengthening Oversight Capacity
Article I of the U.S. Constitution provides explicit powers to Congress,
including the power to enact legislation, raise revenue, and provide for the
common defense and general welfare of the country. An implicit constitutional
power of Congress recognized by the Supreme Court as fundamental to
Congress’s ability to exercise its legislative authority is the power to conduct
oversight. As federal spending and the executive branch have grown, the need
for Congress to perform oversight has become more critical. As Josh Chafetz
reminded Committee members during the Committee’s November 4, 2021,
hearing on strengthening congressional oversight:
173. Ibid.
See
174. Modernizing the congressional support agencies to meet the needs of an evolving Congress: Hearing
See
before the Select Committee on the Modernization of Congress, 117th Cong. (2021) (testimony of
Zach Graves). https://docs.house.gov/meetings/MH/MH00/20211021/114068/HHRG-117-MH00-
Wstate-GravesZ-20211021.pdf
175. Modernizing the congressional support agencies to meet the needs of an evolving Congress: Hearing
See
before the Select Committee on the Modernization of Congress, 117th Cong. (2021).
https://www.govinfo.gov/content/pkg/CHRG-117hhrg46121/pdf/CHRG-117hhrg46121.pdf
132
Rep. Williams (D-GA, center) and Rep. Van Duyne (R-TX, right) listen to witnesses
during a Modernization Committee hearing.
“This duty was exercised from the earliest days with the House
conducting a major investigation in 1792 into the defeat of an
Army force under General Arthur St. Clair by a confederation of
Native American tribes at the Battle of the Wabash, an
investigation that resulted in the passage of corrective legislation.
Oversight power became increasingly important with the growth
of the administrative state, beginning really in the late 19th
century and accelerating into the first half of the 20th century.”176
-Josh Chafetz, November 4, 2021
The Supreme Court has consistently upheld Congress’s investigative
authority.177,178 The oversight process is not just how Congress holds the
executive branch accountable but, as mentioned previously, is also how
Congress comes to understand policy problems.
176. Article One: Strengthening congressional oversight capacity: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2021). https://modernizecongress.house.gov/imo/media/
doc/november_4_hearing_transcript.pdf
177. McGrain v. Daugherty, 273 U.S. 135 (1927). https://www.loc.gov/item/usrep273135/
See
178. Watkins v. United States, 354 U.S. 178 (1957). https://www.loc.gov/item/usrep354178/
See
133
While Congress has conducted investigations since the founding, it
wasn’t until 1927—in the wake of the Teapot Dome scandal—that the Supreme
Court unanimously decided that Congress was well within its rights to conduct
the investigation and to subpoena information and compel compliance with
subpoenas. The Court stated, “The power of inquiry—with process to enforce
it—is an essential and appropriate auxiliary to the legislative function…A
legislative body cannot legislate wisely or effectively in the absence of
information…Experience has taught that mere requests for such information
often are unavailing, and also that information which is volunteered is not
always accurate or complete; so some means of compulsion are essential to
obtain what is needed.”179 Likewise, the Supreme Court held that Congress’s
“legislative function” extended far beyond drafting legislation to include things
such as examining whether agencies were properly discharging their duties or
using funds appropriated by Congress.180
However, Congress’s authority to investigate is not limitless.
Congressional investigations cannot allege or prove criminal conduct, nor can
they be used to assume the power of the executive branch to prosecute cases
or the power of the judicial branch to resolve controversies. The Court stated,
“There is no general authority to expose the private affairs of individuals
without justification in terms of the functions of Congress…Nor is the Congress
a law enforcement or trial agency…No inquiry is an end in itself; it must be
related to, and in furtherance of, a legitimate task of Congress.”181
CURRENT TRENDS
In the 116th Congress, 22% of House hearings dealt with executive
branch oversight.182 Figure 1 below shows the number of oversight hearings
versus non-oversight hearings in the first session of the 116th Congress. It is
important to note that, “while the share of hearing activity that focused on
executive branch oversight was similar in both sessions, the number of
oversight hearings fell by almost 45% between 2019 and 2020, from 261 to
144. This drop is consistent with the overall 48% reduction in the number of
hearings in the House between the two sessions of the 116th Congress.”183 This
drop is largely a result of changes in congressional operations caused by the
COVID-19 pandemic.
Hearings are not the only mechanism by which Congress conducts
routine oversight. Another activity that committees and sub-committees
engage in is the issuing of oversight letters. Committees issue such letters for
179. See page 182, McGrain v. Daugherty, 273 U.S. 135 (1927). https://www.loc.gov/item/usrep273135/
180. See page 3, Levin, C. & Bean, E. (2018). Defining congressional oversight and measuring its
effectiveness.” Wayne Law Review, 64 (1), 2-22. https://waynelawreview.org/defining-congressional-
oversight-and-measuring-its-effectiveness/
181. See page 187, Watkins v. United States, 354 U.S. 178 (1957). https://www.loc.gov/item/usrep354178/
182. See page 5, Reynolds, M. E. & Gode, J. (2021). Divided government, disruptive president: Congressional
oversight of the executive branch in the 116th Congress. Brookings Institution.
https://www.brookings.edu/wp-content/uploads/2021/07/BR_Divided-Government_final_web.pdf
183. Ibid.
See
134
Source: https://www.brookings.edu/wp-content/uploads/2021/07/BR_Divided-
Government_final_web.pdf.
the purpose of obtaining information and documents, as well as for requesting
witnesses or testimony for the record. Data from the 116th Congress shows
that when committees became limited in their ability to conduct in-person
hearings due to the pandemic, they largely switched tactics and began to rely
more heavily on oversight letters. The figure below shows that, “the number of
oversight letters in 2020 was roughly 44% higher than in 2019 (780 vs. 541).184
While the level of bipartisanship in hearings is difficult to measure, “a
clear indicator of collaboration across parties” can be obtained by looking at
who signs on to oversight letters.185 During the 116th Congress, 74 oversight
letters were signed by at least one committee or sub-committee ranking
member, representing 6% of all oversight letters. As one of the witnesses who
testified before the Committee put it:
184. See page 7, Reynolds, M. E. & Gode, J. (2021). Divided government, disruptive president: Congressional
oversight of the executive branch in the 116th Congress. Brookings Institution.
https://www.brookings.edu/wp-content/uploads/2021/07/BR_Divided-Government_final_web.pdf
185. See pages 18-19, Reynolds, M. E. & Gode, J. (2021). Divided government, disruptive president:
Congressional oversight of the executive branch in the 116th Congress. Brookings Institution.
https://www.brookings.edu/wp-content/uploads/2021/07/BR_Divided-Government_final_web.pdf
135
Source: https://www.brookings.edu/wp-content/uploads/2021/07/BR_Divided-
Government_final_web.pdf.
“Bipartisan oversight is alive and well. It is not covered by the
media. So the only things that people see, that the media covers,
are partisan—and actually there is enormous amount of bipartisan
oversight going on all the time.”186
-Elise Bean, November 4, 2021
BARRIERS TO EFFECTIVE OVERSIGHT
Given that the Supreme Court has routinely backed congressional
investigative authority and that Congress has a plethora of tools at its
disposal, one might think that Congress would prevail in most of its disputes
with the executive branch and have ample access to whatever information it
wants. This is clearly not always the case. Effective congressional oversight is
bound by the tools and resources Congress has allocated for it.
186. Article One: Strengthening congressional oversight capacity: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2021). https://modernizecongress.house.gov/committee-
activity/hearings/article-one-strengthening-congressional-oversight-capacity
136
To have effective oversight, “committees must establish their credibility
with the executive departments and agencies they oversee early, often,
consistently.”187 This requires having sufficient staff capacity—both in number
and longevity—to ensure committees and agencies can build a lasting rapport
that facilitates good oversight. In addition to the usual staff capacity concerns
that are detailed elsewhere in this report, the Committee also heard concerns
regarding the lack of staff security clearances. Witnesses pointed out that this
puts members of Congress at a disadvantage when it comes to needed
assistance in getting and staying up to speed on oversight issues. As Anne
Tindall, Counsel at Protect Democracy, stated, “Congress should…consider
increasing the number of congressional staff with access to top secret,
sensitive compartmented information security clearances. At a minimum, the
House should allow all members of the House Permanent Select Committee on
Intelligence to hire a staffer with such a clearance, as their Senate counterparts
may.188 This would ensure that members have staff to support effectively in
their oversight of the federal government's most sensitive and consequential
programs.”189
Many staff lack the background, training, or incentives necessary to
conduct effective, bipartisan, oversight. However, collaborative bipartisan
oversight investigations often lead to better outcomes. As Elise Bean testified,
“We found on PSI that if you fact find with somebody who has the same world
view as you, generally agrees with you, you don't challenge each other. You
miss a lot of facts. You just don't get it right. It is only when you investigate
with people who have fundamentally different views than you have that you
start to look at more facts, you are more critical about them, you challenge
each other. And at the end of the process your results are usually more
accurate, more thoughtful, and certainly more credible because you had a
range of views in the process.”190
187. See page 7, Rosenberg, M. (2017). When Congress comes calling: A study on the principles, practices,
and pragmatics of legislative inquiry. The Constitution Project. https://goodgovernmentnow.org/wp-
content/uploads/2018/09/rosenberg-when-congress-comes-calling-rosenberg-2017.pdf
188. Seeof November 2021, the Senate allows each senator to designate one staffer to receive TS/SCI
As
clearance. See Niekrie, J. (2021, November 17). Senate increases access to sensitive information, a
move called for by Issue One. Issue One. https://issueone.org/articles/senate-increases-access-to-
sensitive-information-a-move-called-for-by-issue-one/
189. See page 19, Article One: Strengthening congressional oversight capacity: Hearing before the Select
Committee on the Modernization of Congress, 117th Cong. (2021).
https://modernizecongress.house.gov/imo/media/doc/november_4_hearing_transcript.pdf
190. See page 28, Article One: Strengthening congressional oversight capacity: Hearing before the Select
Committee on the Modernization of Congress, 117th Cong. (2021).
https://modernizecongress.house.gov/imo/media/doc/november_4_hearing_transcript.pdf
137
In addition to staff capacity issues related to oversight, Congress also
faces challenges when it comes to the oversight tools it has at its disposal. The
ability of Congress to enforce its subpoenas has all but atrophied ultimately
slowing down or altogether halting the institution’s ability to conduct effective
oversight. This is true, regardless of which party controls Congress or the
executive branch.191,192
“The last decade and a half have made clear that Congress cannot
and should not make itself reliant on the courts to help it get
information out of an unwilling executive. When it comes to the
criminal contempt mechanism, administrations have repeatedly
declined to prosecute their own officials. And when the House
has filed civil suits to secure testimony or documents, those suits
have taken so long to resolve that even when the chamber
nominally wins the information gets produced far too late to help
that Congress oversee that administration.”193
-Josh Chafetz, November 4, 2021
Some suggestions for strengthening subpoena enforcement explored
during the Committee’s November 4, 2021, hearing included: (1) creating a
judicial fast track procedure to enforce congressional subpoenas, (2)
improving congressional oversight enforcement mechanisms such as inherent
contempt, (3) greater use of the appropriations to enforce compliance, and (4)
creating a mechanism to provide alternative legal analysis when it disagrees
with an opinion from the Department of Justice’s Office of Legal Counsel.194
The ability to gather, process, and use information in a systematic way
has been an ongoing problem for Congress since its founding. Previous reform
committees devoted a substantial amount of time and effort to trying to
improve congressional capacity for information processing with the hope of
aiding the oversight and legislative processes.195 To help resolve some of these
perennial issues as well as those that are unique to the modern Congress, the
Committee issued the following recommendations.
191. Article One: Strengthening congressional oversight capacity: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2021) (testimony of Josh Chafetz).
https://modernizecongress.house.gov/imo/media/doc/Chafetz-ModernizationComm-Testimony.pdf
192. Article One: Strengthening congressional oversight capacity: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2021) (testimony of Anne Tindall).
https://modernizecongress.house.gov/imo/media/doc/11.4.21_Tindall%20Testimony%20H.%20Modern.
%20Comm.%20(Draft)%20.pdf
193. See page 9, Article One: Strengthening congressional oversight capacity: Hearing before the Select
Committee on the Modernization of Congress, 117th Cong. (2021).
https://modernizecongress.house.gov/imo/media/doc/november_4_hearing_transcript.pdf
194. Article One: Strengthening congressional oversight capacity: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2021). https://modernizecongress.house.gov/imo/media/
doc/november_4_hearing_transcript.pdf
195. Oleszek, W. O. (2021, October 6). Congressional reform: A perspective (CRS Report No. R46933).
See
https://crsreports.congress.gov/product/pdf/R/R46933/2
138
6.6 – Recommendations
SUPPORT AGENCY RECOMMENDATIONS
132. Make available nonpartisan summaries: The House should prioritize ensuring
that bills to receive a floor vote have nonpartisan summaries available.
Improving the availability of Library of Congress legislative summaries
would ensure members, staff, media, and the public have access to
nonpartisan summaries before legislation is passed. The LOC has indicated
that this is a capacity issue and that it can be difficult to assign staff to bills
that were added to a voting schedule with very little notice. This
recommendation asks the LOC to prioritize this, and if necessary, to seek
additional or reallocated resources.
133. Bolster legislative support agency access to federal data and experts:
Support agencies should report on challenges and potential solutions for
accessing federal data.
The CRS, GAO, and CBO all have unique data access challenges in
conducting their work. The Committee understands each agency has
experienced hurdles and/or delays in accessing the data they need, including
the examples below.
CRS: To get access to federal data, the Committee understands CRS
sometimes is instructed to file a Freedom of Information Act (FOIA) request
or must get the signature of committee chairs on information request letters,
which can lead to delays. CRS requests are not treated as originating in
Congress.
GAO: The GAO has well-established statutory authority to access
agency records while carrying out its audit, evaluation, and investigative duties
(see, 31 U.S.C. 716(a)). However, the Committee understands GAO may face
challenges accessing information and experts in specific areas on which
Congress may choose to take action. GAO access authority should be
broadened in at least three areas. First, GAO access to agency records should
explicitly include access to and authority to make and retain copies of data
and records created and maintained in digital form in IT systems, including
machine readable, structured data (e.g., CSV, XML). Second, GAO access
authority should also explicitly extend to interviewing officers and employees
of federal agencies as well as employees from certain non-federal entities (e.g.,
state/local agency, contractor, grantee, recipient) necessary to carry out an
audit, evaluation, or investigation of a federal program or activity or use of
federal funds, including private entities receiving such funds. Third, GAO
access should include the authority to inspect facilities and examine property
necessary to carry out its work for Congress and the American taxpayer.
CBO: Analysts should continue to have electronic access to data, rather
than being required to access federal data in person. CBO also needs
streamlined access to federal agency experts. With enhanced data and expert
139
access, CBO may be able to produce distributional analyses. The FY2021
appropriations bill for the legislative branch requested information about
CBO’s access to data from federal agencies, including data sources and data
sets. CBO reported on this information in June 2021.
Consistent access to federal data and experts will help the support
agencies produce higher quality products that inform Congress’s work.
Therefore, the Committee recommends each agency report to the committees
of jurisdiction on the specific access challenges they face, the legislative
remedies they may need, if any, and whether in some cases an MOU may
provide a solution to provide necessary data access. The Committee hopes the
reports provide the committees of jurisdiction a roadmap for potential action
to address these issues.
134. Enhancing the customer experience at CRS: CRS should ensure that its
products and services are designed to adapt and meet the needs of an
evolving Congress.
By developing a customer-focused approach to the provision of its
products and services, the agency can better tailor its work to meet the
diverse and evolving needs of members and staff. CRS’s culture should be
oriented toward meeting the diverse and evolving research and analysis needs
of members and staff. To this end, the agency should regularly and proactively
engage in outreach efforts to Congress to determine where improvements can
be made and where new approaches are appropriate. Customer oriented
reforms mentioned during the Committee’s hearing include the following:
⚫ emphasize more concise reports, videos, and podcasts;
⚫ improve the functionality of CRS.gov;
⚫ tailor products to staff’s knowledge-level;
⚫ proactively get CRS products to staff;
⚫ employ technology to survey staff directly and regularly on CRS products
and services, including interactions with individual analysts;
⚫ ensure analysts are continuously up to date in their field by allowing
participation in academic conferences;
⚫ take steps to build a more diverse workforce;
⚫ allow analysts to detail to congressional committees;
⚫ improve ease of access to agency reports and other information via web
portals;
⚫ routinely seek member and staff input to improve CRS.gov.
Additionally, the Library of Congress Inspector General should play a
role in helping the Committee on House Administration oversee CRS and all
aspects of the Library, including accessing and providing needed information
that will help evaluate and enhance the customer service experience.
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135. Enhancing the customer experience at GAO: GAO should boost initiatives to
meet Congress’s information needs and assess member and staff awareness
of and satisfaction with its products and services.
The GAO should go further to inform Congress about its products and
services. The Committee understands that staff may not be sufficiently aware
of the resources and support provided by GAO and how best to contact
experts. Possible initiatives could include:
⚫ Hosting a session on GAO’s role, products and services, and protocols
and processes at New Member Orientation as well as an information
session for all members at the start of each Congress;
⚫ improve the public-facing GAO.gov and the Congress-facing ‘‘watchdog’’
websites to enhance staff ability to search for reports by topic area,
locate and contact experts, and submit service requests and feedback;
⚫ explain formal mechanisms to collect and assess customer feedback on
products and services;
⚫ outreach to assess member and committee priorities and interests and
continuous learning initiatives for members and staff including
one-pagers and coordinating regular briefings on critical topics with CRS
and the National Academies;
⚫ employ technology to survey staff directly and regularly on products and
services including interactions with individual analysts;
⚫ explore adding a physical GAO presence in the House to improve visibility
and awareness of GAO’s products and services.
136. GAO annual report on unimplemented recommendations: GAO should report
annually on the estimated cost savings of its unimplemented
recommendations.
According to GAO, as of November 23, 2021, ‘‘there are 4661 open
recommendations, of which 482 are priority recommendations.’’ Further,
recommendations remain open until they are designated as
‘‘Closed-implemented’’ or ‘‘Closed-not implemented.’’ An annual report on
unimplemented recommendations, and associated costs, could inform and
spur congressional oversight and reforms, improving agency performance and
saving taxpayer dollars. Associated costs should be included where feasible.
Similarly, the report accompanying the FY2022 legislative branch
appropriations bill directs the Comptroller General to provide committees with
a report estimating the financial costs of unimplemented GAO
recommendations by agency.
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137. GAO report to congressional committees on legislative options: GAO should
annually report to Congress on legislative options to address open priority
recommendations.
GAO’s recommendations can provide a starting point for bipartisan
legislative reform. Every two years the agency reports on federal programs
and operations that are vulnerable to waste, fraud, abuse, and
mismanagement, or that need broad reform in their High-Risk List, which
could form the basis of legislative options.
138. Enhance CBO outreach to Congress: CBO should expand its congressional
outreach to provide additional information and assistance to members of
Congress and staff.
A larger, more robust, proactive congressional outreach program would
provide much needed insight for staff and members into the agency’s
protocols, processes, and work. Bolstering legislative outreach at CBO to help
answer staff questions and engage in proactive outreach with congressional
staff about the agency’s work, and to solicit regular feedback from
congressional staff, would help staff get their questions answered, could direct
analyst (or score) specific inquiries, would help manage staff expectations on
the scoring process, and in general would help CBO be a more effective, and
better understood, resource for staff and members.
139. Legislative and support agency staff directory: Congress and congressional
support agencies should establish a shared staff directory to enhance the
exchange of information and improve collaboration.
It is important to facilitate the ability of congressional staff to easily
identify and connect with other congressional staff—including across the
chambers—and with the staff of the support agencies (and for support agency
staff to directly contact congressional staff). Where feasible, the portal (or
directory) should include the name, title, office, phone number, email address,
and issue/area of expertise for each employee from the House, Senate,
support offices, and support agencies. Information should be able to be
filtered by office, title, party, issue/area of expertise, and continuously
updated. Access to the directory should be permissioned and limited to
authorized users.
140. Modernize the congressional support agencies: The committees of
jurisdiction should examine support agency authorities and determine if they
need to be updated.
As Congress continues to examine whether the agencies are meeting
the needs of an evolving Congress, it would be helpful to examine whether the
underlying authorities are effectively serving the purposes envisioned and to
consider potential reforms. By regularly reviewing and assessing these
agencies, Congress and the committees of jurisdiction can identify areas
where agencies could expand or revise services, policies, and/or operations to
better serve Congress. In the 116th Congress, the Committee recommended
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that GAO, CBO, and CRS evaluate their missions, how they have evolved over
time, and if there is a further need to modernize, and incorporate the results of
this review in their budget justifications to the Legislative Branch
Subcommittee on Appropriations and other relevant committees. This
information, and the perspectives provided by the agencies, should be helpful
to the committees of jurisdiction as they examine the underlying statutes and
consider potential reforms.
141. Authorize STAA and make it a permanent part of GAO: The Science,
Technology Assessment, and Analytics program at GAO should be authorized
and made permanent by Congress.
The Committee strongly supports the STAA’s mission and the important
services it provides to Congress. Through the authorization process, Congress
can clarify and strengthen the support the STAA provides to meet the needs
of an evolving Congress.
EVIDENCE-BASED POLICYMAKING
142. Congressional Commission on Evidence-Based Policymaking: Congress
should establish a bipartisan, bicameral Commission on Evidence-Based
Policymaking to encourage and facilitate better use of data in the legislative
process.
A commission could assist Congress in determining how to best
incorporate evidence-based approaches into its policymaking, policy
evaluation, and oversight work. The commission should make
recommendations on how to incorporate outcomes measurement, rigorous
impact analysis, and implementation aligned language into the lawmaking
process; for how Congress can access and incorporate real-time, structured,
and machine-readable data into the lawmaking process; evaluate the need for
and potential duties of a Chief Data Officer, including whether the officer
should be located in a stand-alone office or housed within another existing
agency, and how such an office would function with existing data and
information units in the House (e.g. CAO, Congressional Data Taskforce);
assess ways to increase data expertise in Congress through the incorporation
of technologists, data scientists, and engineers to assist in policy evaluation
and legislative drafting; and, examine how Congress may encourage federal
agencies to produce evidence on effectiveness for major new programs and
reauthorizations.
143
STRENGTHENING CONGRESSIONAL OVERSIGHT CAPACITY
143. Optional bipartisan oversight training: The House should offer and support
optional programs for members and staff to learn best-practices for
conducting bipartisan, fact-based oversight.
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.
144. Improved access to document review software: The CAO should assist
committees in obtaining and utilizing effective, industry standard
“e-discovery” software to improve document review and processing
capabilities.
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 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.”
MODERNIZING THE LEGISLATIVE PROCESS
167. Modernize bill referral and tracking: The House should establish a system for
bill referral to committees that automates and tracks the bill’s progress
through the legislative process.
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
144
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.
168. Retaining expert staff: The House should exempt student loan repayments
from maximum compensation.
Until very recently, payments received under the Student Loan
Repayment Program (SLRP) counted against the maximum cap for staff
compensation as set by the Speaker’s Pay Order. Exempting SLRP payments
from the Speaker’s Pay Order provides additional flexibility to managers in
retaining experienced staff at or near the pay cap and in particular would
promote retention of specialist positions such as attorneys at HOLC and other
support offices.
169. Automate the process of obtaining cosponsors: The House should develop a
technology solution to allow greater automation of the process for collecting
and registering cosponsors.
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.
170. Collaborative legislative drafting: 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.
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 edits 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.
SUPPORT CONGRESSIONAL OPERATIONS
193. The House should provide resources to support HOLC’s continuing efforts to
expand education and proactive outreach to members and staff.
The House should provide HOLC with resources to add a Director of
Outreach and Education or assign additional non-attorney staff to an outreach
and education team at HOLC that would be solely focused on proactive
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outreach to member and committee offices, serve as the office’s “eyes and
ears” to answer questions and identify possible concerns, and to focus on
ways to continually improve the office’s educational and informational
materials and offerings to ensure staff, in particular new staff, are fully
informed on the HOLC’s role and processes. The Committee understands the
focus of the HOLC is on legislative drafting services and would not want this
effort to take away from the resources that should be geared toward
improving that core drafting function. This person could have office space in
the Capitol that is welcoming to staff, and the space could be used for
legislative drafting collaboration between members, staff, and attorneys at
HOLC.
The HOLC attorneys interact daily and directly with members and
committee offices and staff to provide the legislative drafting support and
assistance they need. Therefore, customer service is an integral part of what
HOLC attorneys do, and each attorney in the office, by definition, plays an
important and much needed customer-facing role. Over the past several years,
HOLC has expanded its educational and informational outreach to provide
members and staff with the resources necessary to work most effectively and
efficiently with offices to turn members’ policy ideas into effective legislative
text. For example, in collaboration with the Congressional Staff Academy
(CSA), the Office is currently offering a Legislative Counsel 101 (Leg Counsel
and You) and a Legislative Counsel 201 (Working with Legislative Text) course.
The Committee also understands the HOLC plans to establish open house
opportunities for House staff to meet with the Office to share questions, goals,
ideas for improvement, and concerns. Finally, the CAO Coach Program in April
2022 hired a Legislative Coach specializing in mentoring legislative staff and
has partnered with HOLC to offer legislative staff tips and tricks. The
Committee strongly supports these efforts, because when legislative staff is
fully informed on the HOLC drafting process and understands how they can
provide a workable policy idea to begin the drafting process, workflow and
efficiency improve.
194. At the beginning of a new Congress, House business support offices and
agencies should hold an “Open-House” to provide members and staff the
opportunity to personally meet with institutional offices and staff and learn
about the services they offer.
An in-person “Open-House” would raise the awareness about these
offices and what they do. It could also improve the working relationships with
member offices by providing a personal touch and the opportunity to meet
the people they may otherwise only interact with over the phone, via email, or
virtually. Many offices already hold an open houses or information sessions,
but these are not coordinated with each other.
146
196. Requiring Data to be Entered into Committee Scheduling Tool: House Rules
or policies should require entering of committee meeting times into the
shared committee scheduling tool.
The Committee previously recommended (#59) that the House create a
common committee calendar portal specifically to reduce scheduling conflicts.
A shared scheduling tool will allow committees to reduce conflicts as much as
possible, but it will only be useable and beneficial insofar as it has the
necessary information about pending committee business. In 1981, House
Rules required committees to use “a scheduling service which shall be used by
all committees and subcommittees to eliminate, insofar as possible, any
meeting and scheduling conflicts.” In 1992, this requirement was stricken from
the House Rules.
197. Report on Members Voting Late: The House should publish a regular report
noting the cumulative time individual members voted after the allotted time.
The Office of the Clerk, using information derived from the electronic
voting system, should publish a quarterly report noting the total amount of
time individual members voted outside of the time allotted. Reporting on the
cumulative time a member voted outside the announced voting window will
allow for greater transparency and accountability.
6.7 – Conclusion
Improving the legislative process by incorporating more evidence and
data, as well as fine tuning the operations of the offices responsible for
assisting in the drafting, referral, and publishing of potential legislation, are
essential to ensuring Congress can continue to function in an increasingly
complex and dynamic policy environment. Strong congressional support
agencies are an essential component of meeting that need and are important
to maintaining Congress’s Article I authorities. As Philip Joyce stated in his
October 21, 2021, testimony before the Committee, “Weak, understaffed, or
outdated support agencies invariably would contribute to a weaker Congress
and, therefore, transfer power to the executive branch.”196 Additionally, access
to and use of authoritative and nonpartisan information is the first step
needed to develop bipartisan solutions in Congress. As Committee member
Rep. Dean Phillips (D-MN) noted, “When Democrats and Republicans digest
information and education together, I am convinced we process it in a much
more objective fashion.” These recommendations will help ensure Congress
can continue to fulfill its Article I duties of legislating and conducting
oversight.
196. Modernizing the congressional support agencies to meet the needs of an evolving Congress: Hearing
See
before the Select Committee on the Modernization of Congress, 117th Cong. (2021).
https://modernizecongress.house.gov/committee-activity/hearings/10/14/2021/modernizing-the-
congressional-support-agencies-to-meet-the-needs-of-an-evolving-congress
147
Chapter 7 – Building a Modern Congress
7.1 – Introduction
Members of the U.S. House of Representatives are the closest link most
Americans have to their federal government. Their job is to represent the
views of their constituents in the federal policymaking process and to assist
constituents in matters concerning the federal government. Because both
responsibilities require members to stay in close contact with the people back
home, the Committee has continuously prioritized recommendations to
encourage and ease the constituent connection to Congress.
In addition to exploring ways to modernize district offices and support
district staff, the Committee pursued a broader set of recommendations to
make Congress a more “customer-friendly,” public-facing institution. These
recommendations focused on streamlining and improving the provision of
constituent services, from both the D.C. and district offices, with an eye toward
everything from casework to flag requests. Members also examined how
digital services can improve how Congress listens and learns from constituents
and how new technologies can make Congress more transparent and
accessible to the public.
Though the current means by which constituents connect to Congress
are varied, technology plays an undeniably important role. And while Congress
continues to make great strides in becoming a more technologically savvy
institution, there is still much room for improvement. Continuing work it began
in the 116th Congress, the Committee explored approaches to ensuring that
Congress is fully able to take advantage of the latest developments in
technology, to anticipate the impact of future technologies, and to consider
how Congress can more proactively develop technology policy. The
Committee was particularly interested in issues like the technology startup
ecosystem in Congress, institutional barriers that prevent an enterprise-wide
approach to technology across the entire legislative branch, and strategies for
acquiring and retaining staff with project management and technology
expertise.
This chapter begins with a brief overview of the various ways
constituents interact with Congress and member offices and identifies some of
the common “pain points” they encounter along the way. A broader look at
how technological innovation can help Congress more efficiently and
effectively carry out its legislative and representational responsibilities follows.
The chapter concludes with a description of the Committee’s
recommendations to build a more modern Congress, capable of seamlessly
interacting with the American people.
148
7.2 – Connecting Constituents to Congress
While public approval of Congress has remained low for a number of
years, individual members are typically well-liked by their constituents.197 This
is in part evidenced by high incumbency reelection rates; in 2020, 94.7% of
House members who sought reelection won their races. Since 1964, the
incumbent reelection rate for House members has only dipped below 90% a
couple of times.198
Constituents tend to judge their representatives based on how well they
serve their districts rather than on how well they serve the country as a whole.
Despite the nationalization of elections, this localized view of what members
are elected to do – namely, to focus on the needs of their districts – continues
to explain how it’s possible for many Americans to like individual members of
Congress but dislike Congress.
One of the most important ways members interact directly with
constituents is through casework. Each year, thousands of constituents turn to
member offices for assistance with a wide range of issues. Members and staff
help constituents navigate various executive agencies by acting as facilitators,
ombudsmen, and, in some cases, advocates. Congressional caseworkers, for
example, help constituents access Social Security benefits, resolve tax issues
with the Internal Revenue Service, secure veterans’ benefits, expedite
passports, and obtain information on a range of federal government loan and
grant programs. Some congressional offices also engage in casework that
involves interactions between the federal government and local governments,
businesses, communities, and nonprofit organizations.
Depending on the issue, casework can be quite complex and time
consuming. House and Senate rules, and laws and regulations governing
federal executive agency activities, place parameters around interventions
made on behalf of constituents. Despite the widely held public perception that
members can initiate a broad array of actions and force speedy outcomes,
congressional staff cannot force an agency to expedite a case or act in favor
of a constituent. Congressional staff can, however, intervene to facilitate the
appropriate administrative processes, encourage an agency to review a case
and give it careful consideration, and sometimes advocate for a favorable
outcome.199
197. Klein, E. (2015, May 15). Congressional dysfunction. Vox. https://www.vox.com/2015/1/2/18089154/
See
congressional-dysfunction
198. Open Secrets. (n.d.). Reelection rates over the years. Retrieved October 31, 2022 from
See
https://www.opensecrets.org/elections-overview/reelection-rates
199. Petersen, E. R. & Eckman, S. J. (2021, April 1). Casework in a Congressional office: Background ,rules,
See
laws, and resources (CRS Report No. RL33209). https://sgp.fas.org/crs/misc/RL33209.pdf
149
Through listening sessions with district staff and witness testimony at a
February 16, 2022, hearing on modernizing district offices, the Committee
learned about ongoing casework related issues including constituent data
security, difficulty with transferring cases from one member to another200, and
lackluster implementation of the CASES Act201 by some federal agencies.202
There is also no centralized, House-wide system for tagging or tracking
casework, which makes it difficult for member offices and the House to know
whether agencies are following through in a timely and sufficient way with
casework requests and whether certain agencies or programs are receiving a
high or unusual volume of requests. Chair Kilmer raised this issue in his
opening remarks at the Committee’s July 14, 2022, hearing on building a more
customer-friendly Congress:
“This is an area where I think feedback, as well as systems for
tracking requests and detecting common patterns, would be
immensely helpful. For example, we might learn from constituent
feedback that a particular agency’s response time is unusually
slow. Tracking systems might show us where requests are getting
held up. Those systems might also help us detect patterns in the
number of requests we’re getting related to a particular
government program. This kind of data can inform Congress’s
oversight activities and help us get ahead of problems before
they do real damage.”203
-Chair Kilmer, July 14, 2022
Anne Meeker, a witness at the Committee’s July 14, 2022, hearing who
served as a director of constituent services for a House member, also pointed
to the need for casework tagging and tracking systems. Congressional offices
regularly receive detailed information directly from those who actually interact
with federal agencies, and experience various “burdens, barriers, and
200. Congress back home: Modernizing district office operations: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2022). https://modernizecongress.house.gov/committee-
activity/hearings/congress-back-home-modernizing-district-office-operations
201. The Creating Advanced Streamlined Electronic Services for Constituents Act of 2019 (or CASES Act)
See
directs the Office of Management and Budget (OMB) to require each federal agency to accept
electronic identity proofing and authentication processes that allow an individual, under the Privacy
Act, to access the individual's records or to provide prior written consent for the disclosure of the
individual's records. For more information, see Creating Advanced Streamlined Electronic Services for
Constituents Act of 2019, Pub L. No. 116-50 (2019). https://www.congress.gov/116/plaws/publ50/
PLAW-116publ50.pdf
202. Hewitt Jones, J. (2022, January 12). Lawmakers seek information from agencies on CASES Act
See
implementation. FedScoop. https://www.fedscoop.com/lawmakers-seek-information-from-agencies-
on-cases-act-implementation/
203. Constituent services: Building a more customer-friendly Congress: Hearing before the Select
See
Committee on the Modernization of Congress, 117th Cong. (2022).
https://modernizecongress.house.gov/committee-activity/hearings/constituent-services-building-a-
more-customer-friendly-congress
150
inequities” in the process. According to Ms. Meeker, “This data can be a
valuable independent source of information to contribute to oversight plans or
suggest areas for legislative action. The problem is that this data is siloed
between 541 offices.”204
Anne Meeker testifies before the Modernization Committee.
Anonymized data from a standardized tagging system could be shared
by individual offices via an opt-in system and stored in a central repository.
Such a system would allow the House to track casework trends as well as
provide committees with valuable insight that could be used for oversight
purposes. Perhaps most importantly, as Ms. Meeker explained, such a system
would help members better understand the needs of their constituents in
order to act on their behalf. Data about their district’s specific needs would
allow member offices to more effectively deploy limited resources and run
smarter casework operations.205
The Committee’s July 14, 2022, hearing on improving constituent
services raised some additional important issues connected to casework. Nina
Olson, who served as National Taxpayer Advocate for almost 20 years,
testified about the value of having strong internal advocates in federal
agencies that “have sprawling bureaucracies that deal with vulnerable
constituents on a daily basis presenting challenging issues that, if not properly
204. Constituent services: Building a more customer-friendly Congress: Hearing before the Select
See
Committee on the Modernization of Congress, 117th Cong. (2022) (testimony of Anne Meeker).
https://modernizecongress.house.gov/imo/media/doc/Meeker%20Testimony-Constituent%20Services
%20Hearing.pdf
205. Ibid.
See
151
handled, could lead to long term economic, physical, and mental harm,
especially in the area of disability claims.”206 Ms. Olson also addressed the
importance of large agencies having a local presence, with geographically
placed offices throughout the country that can work directly with district staff
on casework.
Mathew Lira, a witness who worked on technology and innovation issues
in both Congress and the executive branch, testified to the broader problem of
the House, as an institution, not providing members with the tools they need
to prioritize constituent services. To his point, Committee member Rep. Bob
Latta (R-IL) spoke about the emphasis he places on constituent services,
making sure to read and sign every constituent letter, tracking casework by
county, and keeping track of the various agencies his office is working with.
But as Rep. Latta noted, there are some broader casework related issues that
individual member offices simply cannot resolve – not for lack of trying, but
for lack of capacity and time.207
Rep. Latta (R-OH, left) and Rep. Phillips (D-MN, right) listen to a hearing witness.
206. Constituent services: Building a more customer-friendly Congress: Hearing before the Select
See
Committee on the Modernization of Congress, 117th Cong. (2022) (testimony of Nina Olson).
https://modernizecongress.house.gov/imo/media/doc/Olson%20Testimony-Constituent%20Services
%20Hearing.pdf
207. Constituent services: Building a more customer-friendly Congress: Hearing before the Select
See
Committee on the Modernization of Congress, 117th Cong. (2022).
https://modernizecongress.house.gov/committee-activity/hearings/constituent-services-building-a-
more-customer-friendly-congress
152
“For most Americans, the only direct interaction they will have
with their elected Representatives is via constituent services, yet
institutional responsibility for the baseline quality of those
experiences is amorphous. While there are several dedicated
public servants who care about this issue working within the
House, these concerns are typically only one aspect of a broader
portfolio rather than their primary focus.”208
-Mathew Lira, July 14, 2022
In addition to recommending that the House designate a senior official
to take the lead on coordinating improvements to House-wide capabilities in
constituent service delivery, Mr. Lira also suggested that the House authorize a
Constituent Services Experience Advisory Board, with experts selected by the
Speaker and the Minority Leader to provide long-term guidance and
support.209
A dedicated institutional effort to improve constituent services would
not only benefit casework but would enhance the way member offices
correspond with people back home. At the July 14, 2022, hearing, Committee
member Emanuel Cleaver (D-MO) highlighted an unfortunate dilemma that
many member offices face – constituents who feel that no matter what, they’re
not going to get an answer from their member’s office or a solution to their
problem. Even worse, constituents are sometimes left feeling that they are
being “processed” rather than listened to. Rep. Cleaver pointed out that, “Maya
Angelou said that people will forget what you say, people will even forget
what you do, but they will never forget how you made them feel.” Constituents
want to feel heard, according to Rep. Cleaver, and any efforts to improve
constituent services should address that simple fact.
Constituent correspondence can take many forms including mail, email,
phone calls, text messaging and social media interactions. Constituents reach
out to their members of Congress to express their views on pending
legislation, to draw attention to an issue, or to request information about a
member’s position on a particular topic.
208. Constituent services: Building a more customer-friendly Congress: Hearing before the Select
See
Committee on the Modernization of Congress, 117th Cong. (2022) (testimony of Matt Lira).
https://modernizecongress.house.gov/imo/media/doc/Lira%20Testimony-Constituent%20Services
%20Hearing.pdf
209. Ibid.
See
153
Rep. Cleaver (D-MO) speaks during a Modernization Committee hearing.
Given the many ways constituents can now contact their members,
correspondence continues to increase, and offices have had to devote more
and more resources to responding to constituent communications.210 The
COVID-19 pandemic further accelerated these trends, as constituents reached
out to their members for assistance with a range of health, employment,
business, and housing concerns.211
In response to these shifts in the volume of correspondence, staff, as
well as nonprofit groups, have worked to create triage systems for managing
constituent mail.212 But despite these and other best efforts, constituents
often feel their correspondence is not given its due consideration, according
210. Congressional Management Foundation. (2011). Communicating with Congress: How citizen advocacy
See
is changing mail operations on Capitol Hill. https://www.congressfoundation.org/storage/documents/
CMF_Pubs/cwc-mail-operations.pdf
211. Tully-McManus, K. (2020, August 14). Constituent communications went digital due to COVID-19, and
See
that could stick, report says. Roll Call. https://rollcall.com/2020/08/14/constituent-communications-
went-digital-due-to-covid-19-and-that-could-stick-report-says/
212. Modernization Staff Association. (2021, January). Staff assistant/legislative correspondent best
See
practices guide. https://s3.amazonaws.com/static.popvox.com/LegiDash/resources/LC+
%26+SA+guide.pdf; also see: Congressional Management Foundation (n.d.). Dealing with backlogged
mail. Retrieved October 31, 2022 from https://www.congressfoundation.org/office-toolkit-home/
improve-mail-operations-menu-item-new/82-dealing-with-backlogged-mail-in-congressional-offices
154
to a recent study.213 Constituent expectations for how Congress should
respond and address their concerns are in part a reflection of how their
concerns are addressed by other entities with whom they regularly interact.
Many businesses place a premium on enhancing the “customer experience”
because they rely on customer retention to survive in a competitive
marketplace. For constituents who are accustomed to top-notch customer
service, the constituent service experience may seem jarring by contrast.
Many House offices are dedicating more staff and more resources to
managing constituent services but due to the increasing and often
overwhelming amount of correspondence they receive, it is difficult for them
to keep up in a manner that maintains the standards that offices strive to
meet. As previously mentioned, constituent correspondence can take many
forms including mail, email, phone calls, text messaging and social media
interactions. Some member offices are deemphasizing corresponding with
constituents through their member websites and choosing to communicate
through other programs or platforms. Further, the current system, which relies
on 441 separate offices figuring out their own triage systems, is inefficient.
While many member offices strive to continually improve the way they
interact with constituents, more can be done to improve the way Congress
interacts with the American people. An institution-wide approach to
modernizing the way Congress communicates with constituents would not
only reduce pressure on overwhelmed staff but also bolster the public’s view
of Congress by improving the way Congress interacts with the public.
213. Goldschmidt, K., Sinkhaus, B. J., Kull, S., Bell, B. (2021). The future of citizen engagement: What
See
Americans want from Congress and how Members can build trust. Congressional Management
Foundation. https://www.congressfoundation.org/storage/documents/CMF_Pubs/
cmf_citizenengagement_publicopiniontrust.pdf
155
7.3 – Prioritizing Innovation and Technology in Congress
On June 23, 2022, the Committee held a hearing focused on building a
more innovative, “tech-forward” Congress, which emphasized the importance
of modernizing constituent communications. Members and witnesses
recognized that recommendations to enhance Congress’s technological
capabilities need to prioritize updating the way Congress communicates with
the American people.
Stephen Dwyer, a congressional staffer who testified at the June 23,
2022, hearing stated that constituents who want to communicate with
Congress are largely limited to sending private emails to their own members
and that those who communicate in this way often feel dissatisfied. Office
systems and staff trainings are typically set up to screen contacts by address
so that non-constituents are “weeded out” and re-directed to their own
members. Given the large number of communications offices receive,
constituent screening processes make sense from a staff capacity and
representational perspective. At the same time, having to engage in these
“weeding out” processes slows response times. Additionally, offices
sometimes send responses that are more generic in nature, which may at
times be necessary due to the large volume of incoming mail. To constituents,
however, these kinds of responses are “often far from satisfying.”214
Constituents who want to share their policy views more broadly (i.e.,
beyond the office of their own member) also lack easy ways to do so. One
option for allowing constituents to engage more broadly would be to build “an
open platform for civil and constructive discussion of federal policies before
Congress,” where users and advocacy groups could submit opinions on bills
before Congress and have access to upvoting and downvoting functions.
Content could be focused on the principle of advancing respectful and
constructive civic dialogue, supported by government research and
documentation, and structured around actual bills to be considered before
Congress. Mr. Dwyer argued that by not creating such a system, Congress has
ceded this ground to social media companies, even though it is not their
focus.215 An open discussion platform operated by Congress would keep the
focus on the issues Congress is considering.
Innovative projects to better connect constituents to Congress tend to
languish in Congress, not because they are prohibitively difficult to build, but
because the institution lacks a structure for prioritizing projects. Mr. Dwyer
and Reynold Schweickhardt, another witness with decades of experience
working on technology issues in the legislative branch, both advocated for
prioritizing digital solutions across the board in Congress.
214. Congress & technology: Modernizing the innovation cycle: Hearing before the Select Committee on the
See
Modernization of Congress, 117th Cong. (2022) (testimony of Stephen H. Dwyer).
https://modernizecongress.house.gov/imo/media/doc/dwyer_testimony-congresstech_hearing.pdf
215. Ibid.
See
156
Witness Stephen Dwyer listens during a Modernization Committee hearing.
“A key reason congressional projects take longer than equivalent
projects in the private sector is that there is no overall
prioritization mechanism in the House or the larger legislative
branch. In short, there are too many concurrent projects.”216
-Reynold Schweickhardt, June 23, 2022
Mr. Dwyer commended the various institutional offices in the House for
the progress they have made over the past few years but maintained that
much more needs to be done if Congress is to evolve with the rest of society.
The House’s inability to stay current with regard to technology is “not a
competency issue within the officer organizations,” according to Mr.
Schweickhardt, “it is a higher-level problem regarding how the institution as a
whole prioritizes and manages technical projects.”217
The dynamic of broad technological change outpacing Congress’s
ability to keep up is not new. Congress and technology experts Marci Harris,
Claire Abernathy, and Kevin Esterling have referred to this as “the pacing
216. Congress & technology: Modernizing the innovation cycle: Hearing before the Select Committee on the
See
Modernization of Congress, 117th Cong. (2022) (testimony of Reynold Schweickhardt).
https://modernizecongress.house.gov/imo/media/doc/schweickhardt_testimony-
congress__tech_hearing.pdf
217. Ibid.
See
157
problem.”218 This problem, they argue, presents a three-pronged challenge
that prevents Congress from quickly adapting to technological changes
outside and within the federal government:
1. The external pacing problem is Congress’s inability to understand and
respond to technological evolution in society at large, resulting in policy
and oversight that lag behind the pace of technical innovations.
2. The inter-branch pacing problem captures the inability of Congress to
keep pace with the executive branch as it employs technology for its own
operations, making it hard for Congress to effectively exercise its
oversight role and operate as a co-equal branch of government.
3. The internal pacing problem refers to Congress’s near-complete
incapacity to make effective use of technology for its internal operations
and the day-to-day work of the institution.
The “internal pacing problem” is exacerbated by the decentralized
nature of Congress, where work tends to be siloed. Better collaboration
between the many offices and agencies in the legislative branch would help
facilitate innovation because ideas and work could be shared rather than
needlessly duplicated.
Dome Watch is an app developed by the Office of Majority Leader Steny Hoyer. It is
designed to help House staff, the press, and the public better follow the latest
developments from the House Floor.
218. See page 31, Congressional Reform Task Force (2019, October). Task force report. American Political
Science Association. https://www.cbcfinc.org/wp-content/uploads/2020/01/Congressional-Reform-
Report-Final-Design.pdf
158
While decentralization can impede “a co-creation process”219 it can also
help generate innovation if offices are encouraged “to innovate to improve
their operations.”220 Mr. Dwyer argued for a House-wide approach that would
encourage member, committee, leadership and institutional offices to innovate
through “vendors or cloud services or in-house” and for centralized offices
(like the CAO) to help facilitate and scale any innovation.
7.4 – Encouraging a Startup Ecosystem
For House offices that do wish to innovate, the process of hiring an
outside vendor to assist with the development of an office website,
application, or digital tool can be time consuming, bureaucratic, and
confusing. These delays often discourage vendors from entering the House
market, which in turn prevents House members from being able to receive an
accurate price quote and/or timeline and may even entirely prevent the office
from hiring the vendor of their choice.
Melissa Dargan, another witness at the Committee’s June 23, 2022,
hearing described how member offices could benefit from a “more transparent
and welcoming technology startup ecosystem on Capitol Hill for new tech
products.” While working as a congressional staffer, Ms. Dargan encountered
numerous inefficiencies in congressional operations, which she described as
tedious, repetitive, and time consuming. Her experiences as both a staffer and
in the field of tech innovation led her to create a platform that simplifies and
digitizes constituent tour requests. Her goal was “to allow staffers to improve
the quality of constituent engagement while minimizing administrative tasks
so they can do what they came to Washington, D.C. to do - effect change.”221
For Ms. Dargan, the process of navigating the House’s new vendor
system, proved challenging:
219. See page 31, Congressional Reform Task Force (2019, October). Task force report. American Political
Science Association. https://www.cbcfinc.org/wp-content/uploads/2020/01/Congressional-Reform-
Report-Final-Design.pdf
220. Congress & technology: Modernizing the innovation cycle: Hearing before the Select Committee on the
See
Modernization of Congress, 117th Cong. (2022) (testimony of Stephen H. Dwyer).
https://modernizecongress.house.gov/imo/media/doc/dwyer_testimony-congresstech_hearing.pdf
221. Congress & technology: Modernizing the innovation cycle: Hearing before the Select Committee on the
See
Modernization of Congress, 117th Cong. (2022) (testimony of Melissa Medina).
https://modernizecongress.house.gov/imo/media/doc/medina_testimony-congress__tech_hearing.pdf
159
“Working on a new start-up company already faces hurdles. The
added House complexities (such as the lack of new vendor
support and lack of information in navigating how to sell to
Congressional offices) made establishing a needed tech product
difficult - even for someone who understood how Congress
operates. The closed nature of the House creates restrictive
barriers that ultimately decrease competition and prevent new
technologies from succeeding.”222
-Melissa Dargan, June 23, 2022
To address these issues, the Committee in the 116th Congress
recommended that House Information Resources (HIR) create a more inviting
approval process for vendors who seek to offer innovative technology to the
House.223 Ms. Dargan suggested additional steps the House can take to
encourage and diversify access for tech vendors, including establishing a
process for evaluating and working with vendors, allowing vendors to submit
unsolicited tech proposals, and providing a roadmap for new submissions. She
also suggested that a designated point of contact for submitting entities be
established.224
When it comes to determining best practices for welcoming new startup
ecosystems, the House might also consider the experiences of other
government entities. For example, the executive branch, through the General
Services Administration (GSA), makes use of its 18F program which relies on a
team of about 120 designers, software engineers, strategists, and product
managers to develop in-house digital solutions to help executive branch
agencies meet the needs of the people and businesses they serve.225
7.5 – The Tech-Talent Pipeline
Congress’s technology “pacing problem” is further constrained by the
institution’s lack of technology experts (programmers, user-experience
designers, project managers, etc.) who can provide guidance and oversee tech
processes and services. The executive branch responded to similar challenges
in 2014 by creating the U.S. Digital Service (USDS), which hires technologists
to build tools that make government work better for the American people.
222. Ibid.
See
223. See
This recommendation has been partially implemented and the Committee continues to monitor HIR’s
progress.
224. Congress & technology: Modernizing the innovation cycle: Hearing before the Select Committee on the
See
Modernization of Congress, 117th Cong. (2022) (testimony of Melissa Medina).
https://modernizecongress.house.gov/imo/media/doc/medina_testimony-congress__tech_hearing.pdf
225. 18F is an office within the General Services Administration that collaborates with other agencies to fix
See
technical problems, build products, and improve how government serves the public through
technology. See: 18F, General Services Administration. (n.d.). 18F: Digital service delivery. Retrieved
October 31, 2022, from https://18f.gsa.gov/
160
USDS was formed following problems with the launch of HealthCare.gov,
where the new website proved unable to handle high levels of consumer
traffic. The Service “deploys small, responsive groups of designers, engineers,
product managers, and bureaucracy specialists to work with and empower
civil servants. These multi-disciplinary teams bring best practices and new
approaches to support government modernization efforts.” Service objectives
include rethinking how the government buys digital services, expanding the
use of common platforms, services, and tools, and transforming critical,
public-facing services.226
In the legislative branch, programs like TechCongress provide computer
scientists, engineers, and other technologists with mid-career educational
opportunities to serve as technology policy fellows in member offices.
TechCongress fellows have assisted with legislation like the OPEN Government
Data Act, the investigation into Cambridge Analytica's data sharing practices,
and changes to defense procurement rules to allow startups to better
compete for contracts and support the needs of our servicemembers.227 While
TechCongress fellows have been an invaluable resource for the House, they do
not satisfy all of the institution’s technology needs.
More recently – and as the result of a Committee recommendation (#95)
in the 116th Congress – the House Digital Service (HDS) was created to open a
much-needed pipeline for technology experts to assist Congress in its daily
functions. The office is tasked with building intuitive solutions to improve the
day-to-day operations of member offices.228 The HDS is located within the
CAO. In addition to responding to issues over which the CAO has jurisdiction,
the Service also has the opportunity to build, buy or adapt bespoke solutions
for individual offices as well as the institution.
The Bulk Data Task Force is another example of a House-created entity
working to break down technology barriers. The Task Force initially focused on
the question of determining whether Congress should make the data behind
THOMAS and LIS available to the public as structured data. In the 116th
Congress, the Committee recommended the Task Force’s mission expand
beyond publishing bills and the data attendant to them to allow for
consideration of other legislative documents and congressional operations
data.229 Acknowledging the Task Force’s current mission and activities,
Committee on House Administration Chairperson and Select Committee
226. U.S. Digital Service. (n.d.). Our mission. Retrieved October 31, 2022, from
See
https://www.usds.gov/mission
227. TechCongress. (n.d.). The Congressional innovation fellowship. Retrieved October 31, 2022, from
See
https://www.techcongress.io/congressional-innovation-fellows
228. Hewitt Jones, J. (2022, January 20). House of Representatives to launch new digital services team.
See
FedScoop. https://www.fedscoop.com/house-of-representatives-to-launch-new-digital-service-team/
229. Select Committee on the Modernization of Congress. (n.d.). Recommendation: Make permanent the
See
Bulk Data Task Force and rename it the Congressional Data Task Force. Retrieved October 31, 2022
from https://modernizecongress.house.gov/final-report-116th/chapter/recommendation/make-
permanent-the-bulk-data-task-force-and-rename-it-the-congressional-data-task-force
161
member Rep. Zoe Lofgren (D-CA) recently directed the Office of the Clerk to
change the Task Force’s name to the Congressional Data Task Force. This
directive fulfills another Committee recommendation (#96).
Rep. Zoe Lofgren (D-CA, on screen) speaks at a Modernization Committee hearing.
7.6 – Additional Tech Barriers
Other institutional barriers that inhibit technology innovation are House
rules and practices related to the use of open-source code. Other government
entities, including 18F, require code for new technology projects to be open
source. For example, 18F’s default position for new project development is as
follows:
1. Use Free and Open Source Software (FOSS), which is software that does
not charge users a purchase or licensing fee for modifying or
redistributing the source code, in our projects and contribute back to the
open source community.
2. Develop our work in the open.
3. Publish publicly all source code created or modified by 18F, whether
developed in-house by government staff or through contracts negotiated
by 18F.230
230. 18F, General Services Administration. (n.d.). Open source policy. Retrieved October 31, 2022 from
See
https://18f.gsa.gov/open-source-policy/
162
Adhering to these three guidelines allows 18F to be more flexible,
subject their code to continuous and broad peer review, save costs when the
user base grows, and aid reusability by lowering the burden of replicating
similar work.231
Open-source coding can be subjected to “broad peer review” in a few
different ways, including through online software development platforms, such
as GitHub, where coders post questions and sections of code to solicit
feedback from their peers.
When it comes to both open-source coding and online software
development tools, existing rules, structures, and guidelines may make it
difficult for technology entities within the House to make use of and
participate in these environments. For example, it is currently unclear if House
employees or contractors posting to GitHub are in violation of the House’s gift
rule. Additionally, there are no clear guidelines or procedures for House
entities regarding adopting tools built by civic technology groups. As witness
Stephen Dwyer argued in his June 23, 2022, testimony before the Committee:
“Innovation requires open data. You cannot build innovative new
tools for Congress without structured access to Congress’s work
product, which is data like bills, amendments, members, roles,
legislative actions, etc. The Bulk Data Task Force has made bulk
access to congressional data a reality, but far more should be
done.”232
-Stephen Dwyer, June 23, 2022
Developing digital tools for House offices can also be difficult and
expensive for outside technology vendors, due in part to the unique rules and
requirements for doing business with the House. As a result, the number of
software developers looking to work with House offices is limited. This can
impede or delay offices that are looking to develop and access new digital
tools. The Committee took a step toward addressing this challenge and
recommended (#186) that the House create an “Established Delivery Partners”
(EDP) process and list to make it easier and quicker for experienced vendors
to clear administrative hurdles and deliver digital tools to House clients.
Importantly, having an EDP process in place will not preclude new vendors
and technologies from competing to enter the House digital marketplace. The
intent is to ease administrative and approval burdens for vendors that have a
long-term understanding of House Rules and protocols.
231. Ibid.
See
232. Congress & technology: Modernizing the innovation cycle: Hearing before the Select Committee on the
See
Modernization of Congress, 117th Cong. (2022) (testimony of Stephen H. Dwyer).
https://modernizecongress.house.gov/imo/media/doc/dwyer_testimony-congresstech_hearing.pdf
163
7.7 – Recommendations
IMPROVE CONSTITUENT ENGAGEMENT AND CONSTITUENT
SERVICES
172. The House should develop an optional system to allow offices to share
anonymized constituent casework data and aggregate that information to
identify trends and systemic issues to better serve constituents.
To provide data that is trackable and comparable, the Chief
Administrative Officer (CAO) should first develop a system of standardized
casework categories and tracking standards – developed and refined in
collaboration with caseworkers – and establish – House-wide unified analytics
to identify casework trends and potential problem areas. Anonymized data
could be collected and shared through an application programming interface
(API) developed by the CAO. The CAO could then aggregate this data to
produce a comprehensive dashboard or report that is made available to
offices. The system should be optional and available on an opt-in basis for
offices that wish to share and receive casework data. By aggregating data and
utilizing unified analytics to identify casework trends and potential problem
areas and making that information available to House offices and committees,
the House could view a wider landscape of constituent concerns, better
anticipate potential problem areas and backlogs, and identify issues that may
need to be addressed through a policy change or other federal intervention.
173. The House should provide offices with information related to outside
organizations and resources available to assist members and committees that
wish to enhance outreach efforts or utilize new tools for constituent
communication and engagement.
At a May 2022 roundtable on civic engagement, the Committee heard
from various organizations and researchers about best practices and new
tools for fostering and improving constituent engagement. These tools and
methods for engagement could help members better understand issues faced
by constituents, the range of different views and concerns, and potential
solutions. For example, outside organizations could assist members and
committees with hosting deliberative town halls with a statistically
representative group of constituents. Information on organizations that can
provide assistance and support could be available through the Congressional
Member Leadership Development Program. Guardrails should be established
for the information provided to ensure there is no undue influence by outside
organizations. In addition, outside organizations must be vetted and approved
by the Committee on House Administration and information must be provided
in accordance with House Ethics guidelines.
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174. The House should study and present options for developing a public-facing
interactive platform for constituents to offer their opinions and feedback on
pending legislation.
To provide more of an opportunity for public engagement and input,
Congress should evaluate the feasibility and practicality of developing a new
public-facing constituent engagement interactive platform, and present
potential options. Options could include but not be limited to making
Congress.gov more interactive and establishing a separate public-facing site to
allow users to submit opinions that will be publicly visible on pending
legislation or offer ideas for new legislation. Interactivity could include
upvoting and downvoting, dynamic and collaborative bill drafting tools, the
ability to link comments to more context written by Library of Congress staff,
among others. This would not supplant current communication methods, such
as emails and webforms, but rather would be an additional option for
comments that would be made public. The interface could point to
Congress.gov’s background information about proposals and legislation,
further enabling constituents to formulate and communicate their views to
Congress. A platform could also allow the public to sign up for automatic
email alerts when issues they care about are acted upon.
175. The House Digital Service should evaluate and onboard industry leading
correspondence technology tools and platforms to enable offices to improve
the quality and substance of constituent correspondence.
Technology is available that can assist offices in improving the quality
and substance of constituent correspondence. By adopting new intelligent
tools, House offices can enhance the process of sorting and tagging
constituent letters, improve the quality of responses by utilizing AI, more
efficiently process and reply to comments that arrive through social media,
and track constituents’ satisfaction with the responses they receive. Improved
constituent correspondence technology and tools can help offices respond to
constituents more quickly and efficiently, and in potentially new ways. In
addition, automating the repetitive aspects of correspondence can also free
up staff to spend more time on other projects.
176. The House should study and present options for developing a platform for
committees that want to solicit public comment and evidence on topics that
might be coming before the committee.
With committee buy-in, the House could establish a website that allows
all committees to solicit public comment before upcoming hearings and
markups, or it could develop a plug-in for committees to use on their existing
websites. Committees could selectively solicit public comments based on the
topic or business before the committee. Like an executive agency comment
period, the site could allow for comments and uploading documentation
relevant to the committee’s interest. Depending on their committees’
preferences, committees could keep comments private, or they could be
165
presented publicly and made part of the record as is done for agency
comments. A study will address the feasibility and practicality of developing a
platform and ensure there is committee buy-in to develop and use such a
platform.
177. The House should develop an efficient and secure tool for coordinating
constituent tour requests.
The House should develop a portal and/or plug-in for tour requests that
allows constituents to securely submit their personal identifiable information
(PII) and allow staffers to easily track and manage constituent requests for
tours of the Capitol, White House, and other federal entities open for public
tours. The CAO should assess industry standard technology tools or develop
new digital solutions to standardize the tour request process.
178. The House should develop a more efficient process for tracking and
managing constituent flag requests.
The House should develop a portal for flag requests that allows users to
see where a flag is in the process, encompassing all stages within the Architect
of the Capitol’s Flag Office, House Mailing Services, and the House Office
Supply Store. By creating a system like an online “pizza tracker,” House
staffers would be able to see where the flag is in the current process. House
Mailing Services should also provide the option to either mail flags directly or
send them back to personal offices, an option that the Committee
understands currently exists only for Senate offices.
179. The House should develop and provide offices with optional tools for
surveying and tracking their constituent’s ‘customer service’ experience.
The House should offer a standard Customer Experience (CX) package
for offices to utilize at the end of an interaction between a member office and
a constituent, where there is an opportunity for constituents to provide
feedback about their overall experience. In developing tools for tracking
satisfaction, the House should look to the private sector for best practices. The
tool should be optional for offices and provide customized options for offices
to measure various aspects of the customer/constituent service experience.
Offices could also opt in to allow their customer service response data to be
aggregated into an anonymized report to enable them to compare their own
office’s performance with other offices, and with a House-wide performance
“base-line” on customer service. The report could be supplemented with
survey data obtained through Congressional Staff Academy courses related to
constituent services. Collecting information on the constituent service
experience can help offices gain a better understanding of how to meet
constituent expectations and to identify areas in which to make improvements
in service delivery.
166
180. Future upgrades to the Capitol Visitor Center should allow for a more
personalized and interactive tour that allows constituents to better
understand who their representatives are and how their opinions are
reflected in House votes.
For example, an electronic device assigned to a visitor could allow them
to learn specifically about their member and district by simply tapping their
device on the display. In addition, it could enable them to participate in live
polls (without voting repeatedly) and see how their vote matches up with how
the House voted on an issue and how every other visitor to the center voted
on the issue. Another example would be to create a Member Wall like the one
in the European Parliament Parlamentarium that would pull up basic facts
about each member, their committee assignments (potentially with live
information about committee hearings), and member positions on key issues.
Implementation of this recommendation would require an in-depth
examination of how to address possible privacy and IT security concerns and a
feasibility assessment of infrastructure and staffing requirements.
BOLSTER HOUSE TECHNOLOGY
181. Congress should institutionalize and expand technology education and
innovation initiatives such as the Congressional Hackathon.
The Congressional Hackathon and other technology and
innovation-related events and initiatives in the House would benefit from
being institutionalized and expanded to bring together technical staff from
throughout the legislative branch to brainstorm and work on technical
solutions collaboratively. Additionally, institutional support would encourage
more of the legislative branch agencies, like CRS, CBO, and GAO, to
participate.
182. The House should develop an onboarding process to institutionalize
congressional technology that has reached a mature development stage, is
widely used, or is considered mission critical.
Systems like the Dome Watch app, DemCom intranet, GOP Cloakroom
amendment and vote tracker, as well as committee amendment systems are
widely used or considered mission critical. These systems were developed by
leadership or committee offices and are “owned” by those individual offices.
As such, they could become unavailable or unusable as staff departs and
offices change. House Information Resources (HIR) and House Digital Service,
after consultation with other institutional offices, should develop standard
criteria for mature technology and a standard process for onboarding them
with the appropriate institutional office. There should also be a process in
place, with appropriate oversight, for “off-ramping” technologies that may
have become obsolete or are no longer utilized or effective. Additionally,
custom software tools are often built by software developers for use by
numerous offices, but fall out of favor because the developer doesn’t have an
167
incentive to continue to maintain or upgrade that tool. The House could
benefit by having a process for procuring the source code and building on top
of the base tool, rather than building a similar mission critical tool from
scratch.
183. House-developed digital applications should be made open source by
default.
Technology developed with House resources should, by default and
when appropriate, have code that is published publicly under a structured
open-source license. Open-source software is computer software that is
released under a license in which the copyright holder (in this case the House)
grants users the rights to view, use, study, change, and distribute the software
and its source code for usage and further development by other entities.
Open-source licensing can be structured in ways that are beneficial to the
House, and, if necessary, be revoked. A sample agreement would require that
the House also be able to use, free of cost, any tools developed to expand
functionality for the underlying digital tool. An open-source system will make
it easier to improve functionality and maintain House-built tools in addition to
preventing vendor lock-in.
184. The House and Senate should work to align more of their technology
standards and processes.
Through a bicameral working group, the House and Senate should seek
to align technology standards and processes, where feasible. Enterprise-wide
systems used by both chambers (for example, Microsoft Office Suite) should
be aligned to facilitate collaboration between the chambers. Currently, House
and Senate offices are not able to communicate over MS Teams. Ideally,
approval by one chamber should allow for expedited, or even immediate,
approval by the other chamber. Both chambers should use one system of
Communicating with Congress (CWC), the tool that processes constituent
mail, which would be easier and cheaper for both chambers and for advocacy
organizations. Aligning more technology standards and processes, including
procurement and onboarding processes, will save money, allow offices to work
more efficiently, make it easier for outside groups and vendors working with
Congress, and improve collaboration across the chambers.
185. House should provide more public information to potential technology
vendors and streamline the vendor approval and onboarding process.
The House should publish a page on their website for potential
developers of digital tools similar to the “Steps to Becoming a Web Vendor”
that exists on the House’s website. While the House has a process for working
specifically with vendors, it should continue to improve the process and
establish a clear liaison or point of contact that works with outside vendors
once they are approved. In addition, the vendor application should be posted
publicly along with information explaining the application and approval
process, recommended best practices, and FAQs. Any streamlining of the
168
vendor approval process should ensure a competitive process that secures the
best quality products and services at the best possible price. Providing more
information publicly about the process and helping small vendors navigate it
could attract more technology startups and encourage the development of
new tools that innovate and improve House operations.
186. The CAO should develop an Established Delivery Partners program for digital
solution vendors that regularly work with the House.
By creating an “Established Delivery Partners” (EDP) process and list,
the House can make it easier and quicker for experienced vendors to clear
administrative hurdles to deliver digital tools to House clients. Vendors
included in this process would understand House Rules and possess a proven
track record of developing tools successfully and meeting the House’s security
protocols. As the CAO develops and utilizes EDPs, it should be careful to
ensure it remains a competitive process that is continually open to new
entrants and does not, through institutional inertia, become an exclusive group
and thus a potential obstacle to accepting new vendors and technologies. The
intention is to ease administrative and approval burdens when a vendor has
demonstrated repeatedly that they understand and follow House Rules and
protocols. Having an established list of approved software developers will
ensure that House offices are able to better scope potential projects, receive
more accurate costs estimates, and develop and receive tools in a timelier
manner.
187. The House should review current policies and, where appropriate, allow
opportunities for congressional use of software and its underlying code that
is developed by outside civic technology organizations.
The House Committee on Ethics and the Committee on House
Administration should review and provide public-facing, written guidance on
Congress’s potential use and publishing of open-source technology. The
guidance should address whether offices can communicate publicly about the
development of a website, whether congressional offices can use open-source
software published in a public repository, whether congressional offices can
publish open-source code developed internally using official resources, and
whether congressional offices can provide comments and feature requests to
open-source projects developed by others concerning ideas for further
improving the software. Clear guidelines could enable civic tech organizations
to develop and make improvements to code that the House might use and
should ensure opportunities for technology sharing and collaboration remain
competitive and available to all otherwise qualified civic tech entities. The
Ethics Committee and other committees of jurisdiction should review and
update gift rules to allow appropriate collaboration between congressional
offices and civic tech organizations and allow for collaborative technology
prize competitions. The House could publish data standards and common
identifiers (for example, member unique ID) as well as more API information to
allow civic tech organizations and academics to, in a standard fashion, work
169
with the data Congress produces. Reviewing and updating rules and policies
and/or providing additional clarity, where appropriate, can help Congress
better utilize and share open-source civic technology to improve the public’s
access to and understanding of Congress.
188. The House should establish a high- level working group to prioritize and
coordinate the maintenance and development of House digital infrastructure.
The House should establish a coordinated working group comprised of
leadership offices, relevant committees, support offices, and outside advisors
to discuss, coordinate, and prioritize major technology projects in the House
and implementation of the Select Committee’s recommendations. The working
group should represent both parties in the House, and should be charged with
bringing together members and relevant staffers from member offices,
committees, and support agencies to identify pain points in congressional
technology and plan out what areas need attention. This working group can
identify and evaluate technology that can support lawmaking, oversight,
constituent engagement and overall operations for the institution and serve as
a central clearinghouse for information and expertise about technology. The
House Technology Working Group should consult widely, gathering input from
relevant stakeholders and experts and use data to assess technology for the
chamber. By bringing together staff from across the institution, and from
outside Congress, the working group provides a new—and needed—forum for
identifying shared technology challenges and assessing new tools. The
working group should make clear and actionable recommendations that would
advance congressional technology.
189. The House should create a Digital Service Advisory Board to help plan and
prioritize the work of the House Digital Service.
The Board should include a wide variety of senior congressional
administrative staff representing various departments and with technical
knowledge. A board will help ensure that the HDS has broad buy-in of their
objectives and is prioritizing systems that customers identify. The HDS should
develop a transparent but nimble process for selecting projects. This could be
modeled on the Digital Strategy Board that helps govern the United
Kingdom’s Parliamentary Digital Service.
190. The Capitol switchboard should be updated to allow call information to be
passed through to House offices.
The Capitol switchboard should allow call information, like phone
numbers, to be passed through during the switch from the call center to a
House office. The House has made improvements and offices can now identify
when a call is coming in through the switchboard, which can be helpful for a
Capitol Police investigation but is not helpful for blocking disruptive and
threatening callers.
170
191. GPO should create and offer a standard process for automating committee
hearing records .
The GPO, working with the Clerk, should establish a standard but
optional process that automatically generates and compiles a draft hearing
record using documents uploaded into the committee repository (e.g.,
testimony, transcript, votes, and other documents). This process will require
compatibility between document formats used by committees and the format
used at GPO. GPO has been working on this compatibility for years and has
developed XPUB to modernize the process. To ensure all hearing records are
accounted for, the committee clerk must mark the hearing record ‘closed’
before GPO begins to compile the record. Automating the process for
compiling and submitting hearing records to GPO will reduce time and cost
burdens and encourage the printing of committee hearing records. An official
printed record lasts in perpetuity and enhances transparency and public
availability of hearing information.
192. The House should work with committees to develop optional tools that allow
them to continue to migrate away from the use of paper documents during
committee meetings.
The Committee on House Administration could develop procedures and
make resources available to members and committees to ensure that all future
committee business is “digital by default.” Members or committees that still
wish to operate based on paper could still opt-in to the paper-based system.
The costs of digital tools necessary for committee business would be borne by
committees.
7.8 – Conclusion
Technology in Congress has come a long way in the past few decades,
but when compared to the private sector, or even to the executive branch,
Congress has fallen behind. To make this point, Chair Kilmer often quotes his
Washington state colleague, Rep. Cathy McMorris Rodgers (R-WA), who
describes Congress as, “[a]n 18th-century institution using 20th-century
technology to solve 21st-century problems.”233 The way we communicate with
each other continues to evolve on a near-daily basis, but Congress has
traditionally moved at a much slower pace. There are immense privacy and
security concerns that Congress must closely consider alongside
“tech-forward” approaches to its operations, processes, and communications,
but both objectives can be achieved simultaneously. While the decentralized
233. Kern, R. (2019, September 19). Reboot of Capitol Hill’s tech squad proposed by bipartisan group.
See
Bloomberg Government. https://about.bgov.com/news/reboot-of-capitol-hills-tech-squad-proposed-
by-bipartisan-group/
171
nature of the House can make it difficult to embrace chamber-wide
technological reforms, it can also create opportunities for innovation that the
House should encourage in order to make Congress more accessible to the
American people.
172
Chapter 8 – Modernizing the Workplace
8.1 – Introduction
The Modernization Committee’s first order of business in the 116th
Congress was a Member Day hearing. Members of the newly established
bipartisan committee wanted to hear their colleagues’ ideas for how to make
Congress a more modern institution, capable of efficiently and effectively
carrying out its policymaking and representational responsibilities. Members
from both sides of the aisle testified about a broad range of ideas for the
Committee to consider, including everything from floor procedure to staff
capacity to freshman orientation. While much of the testimony the Committee
received that day contained unique recommendations, some of the ideas
offered by Rep. Dean Phillips (D-MN) certainly stood out. While his colleagues
mostly focused on fixing the rules and procedures of how Congress works,
Rep. Phillips explained how the physical infrastructure within Congress can
impact efficiency and productivity.
“Consider that the very foundation of Congress is a place for
meeting, collaborating, ideating, representing and converting all
of that into legislation. And yet we operate in dark,
compartmentalized offices that were the hallmark of the 19th
century – designed to segregate, NOT collaborate. Similarly, our
furniture is dark wood, leather, heavy, and tired. Our office space
is cramped and uninspired, and even finding a simple meeting
room is difficult in our buildings. I believe we must become
intentional about using physical spaces to bring people together.
And it’s more than a metaphor; it’s integral to a successful
legislative body.”234
-Rep. Dean Phillips (D-MN), March 12, 2019
Rep. Phillips’ essential point was that the physical space in which
Congress operates also affects how Congress works. Prior to serving in
Congress, Rep. Phillips worked in the private sector, where social and physical
workspace design “can be key determinants of positive outcomes.”235
Innovative companies, he argued, recognize the power of design and are
intentional about how they use space to achieve desired results.
Members and staff have long remarked about cramped offices and the
lack of private meeting spaces, as well as a dearth of open spaces that
encourage interaction and collaboration between colleagues. While these
features are well understood by anyone who works on the Hill, the connection
234. Member day: Hearing before the Select Committee on the Modernization of Congress, 116th Cong.
See
(2019) (testimony of Rep. Dean Phillips). https://docs.house.gov/meetings/MH/MH00/20190312/
109102/HHRG-116-MH00-Wstate-P000616-20190312.pdf
235. Ibid.
See
173
Rep. Phillips (D-MN) speaks during a Modernization Committee hearing.
between workspace design and productivity is perhaps less obvious. This is
especially true in an institution like Congress where crowded offices are
buttressed by physical reminders of history and grandeur throughout the
Capitol complex. Working in a historically significant space requires accepting
that some things can’t – and shouldn’t – be changed.
These juxtapositions in workspace design are especially evident to
persons with disabilities, whether they are congressional employees or visitors
to the Capitol. For persons with mobility issues or other physical challenges,
the Capitol complex can be quite difficult to navigate. Narrow doorways, tight
spaces, heavy doors, inaccessible bathrooms, and small elevators present
difficulties for people who use wheelchairs or other mobility devices.
Inconsistent braille signage makes it challenging for visually impaired persons
to find their way around the Capitol.
The clear physical and social design challenges in Congress sometimes
extend to district offices, as well. Finding accessible office space that meets
security requirements can be tough, especially for newly elected members
who want to set up district offices quickly. The furniture that is made available
to district offices through the General Services Administration is often
outdated and mismatched. Setting up internet service and syncing technology
with the D.C. office can also be an arduous process for many district offices.
174
For all these reasons (and more), workspace design matters. The
recommendations made by the Committee demonstrate support for the idea
that to the extent possible in historic spaces like Congress and in district
offices that have distinct security requirements, design should be intentional
and create spaces that will welcome visitors, motivate employees, and
encourage productivity.
To better understand the range of physical space challenges that
members and staff face, the Committee surveyed numerous Hill and district
staff for first-hand perspectives and ideas. The Committee also did outreach
to various Hill entities to learn more about which offices control various spaces
and how those spaces can be best utilized. Finally, the Committee held three
public hearings featuring a House colleague, multiple staffers, and other social
and physical design experts.
Following a brief overview of the Committee’s related work in the 116th
Congress, this chapter will provide background on workspace design
challenges, especially as they relate to managing limited space, accessibility,
district offices, and historical space. The chapter will conclude with a detailed
description of the Committee’s recommendations on these topics.
8.2 – Overview of Committee’s Space-Related Work
During the 116th Congress
The Committee’s space-related work in the 116th Congress centered on
creating a bipartisan, members-only space in the Capitol and on making
Congress more accessible to persons with disabilities. The Committee did not
hold dedicated public hearings on these topics, but rather addressed them in
the context of broader discussions.
As part of its work to encourage civility and greater cross-party
collaboration, the Committee looked for different ways to bring together
bipartisan groups of members. The Committee noted that there are no areas in
the Capitol complex where members from both parties can gather together,
outside of the public spotlight. This workspace “design flaw” serves as a
further hinderance for members who wish to develop relationships and
collaborate with colleagues from across the aisle. The Committee thus
recommended establishing a dedicated members-only space in the Capitol for
private, bipartisan discussions (#30). Members recognized that while
transparency is paramount, privacy is essential to building trusting
relationships.
In the 117th Congress, the Committee extended this idea to staff, noting
that flexible shared workspaces could help break down norms suggesting that
staff should only work with same-party colleagues. The Committee
recommended that bipartisan co-working spaces for staff should be
intentionally designed to facilitate cross-party relationship building and
collaboration (#130).
175
The Committee’s recommendations in the 116th Congress to expand
accessibility are reflective of its guiding mission to make Congress work better
for the American people. The “People’s House” is a representative institution
embodying diverse views, ideologies, and experiences – including those of
people with disabilities. Individuals with disabilities who wish to meet with
their representatives and congressional staff, attend or watch committee
hearings, and visit the House floor should have the same ease of access as
individuals without disabilities. In addition, the right of equal access to
Congress also applies to individuals who work in the Capitol complex.
Recognizing that the access challenges persons with disabilities face are
many and varied, the Committee viewed the three recommendations it passed
in the 116th Congress as a starting point:
⚫ Improving access to congressional websites for individuals with
disabilities (#27)
⚫ Requiring all broadcasts of House proceedings to provide closed caption
service (#28)
⚫ Requiring a review of the Capitol complex to determine accessibility
challenges for individuals with disabilities (#29)
These recommendations were developed with jurisdictional
considerations in mind and primarily focused on encouraging work already
underway in Congress.236
8.3 – Addressing Accessibility Issues in the 117th Congress
Continuing the accessibility work that began in the previous Congress
was a priority for the Committee in the 117th Congress. 2020 marked the 30th
anniversary of the Americans with Disabilities Act (ADA) and while Congress
has made much progress since then, significant barriers remain. Committee
members heard from colleagues, staffers, and experts about the need to do
more to ensure that Congress is accessible to workers and visitors with
disabilities.
The ADA, through the Congressional Accountability Act237, covers
Congress and other legislative branch entities, including the Capitol Police,
and support agencies like the Congressional Budget Office and Architect of
the Capitol (AOC), among others.238 The Office of Congressional Workplace
Rights (OCWR) is responsible for helping to ensure that congressional offices
236. See
The House Committee on Transportation and Infrastructure, for example, maintains jurisdiction over
the Capitol, Senate, and House office buildings, as well as the buildings and grounds of the Botanic
Garden, the Library of Congress, and the Smithsonian Institution. Others such as the Architect of the
Capitol (AOC), the Chief Administrative Officer (CAO), and the Office of Congressional Workplace
Rights (OCWR) also manage aspects of accessibility.
237. Congressional Accountability Act of 1995, Pub. L. No. 104-1 (1995). https://www.congress.gov/104/
See
plaws/publ1/PLAW-104publ1.pdf
238. Americans with Disabilities Act of 1990, Pub. L. No. 101-336, § 509 104 Stat. 373 (1990).
See
https://www.congress.gov/101/statute/STATUTE-104/STATUTE-104-Pg327.pdf
176
A staffer stands by a staircase inside the Capitol complex.
in Washington, D.C., and in the districts are ADA compliant. The Office is
required to conduct biennial inspections of the legislative branch and report to
Congress on compliance with the ADA. Individuals and offices can request
ADA inspections, as well as file a claim of discrimination if they feel their rights
under the ADA have been violated.
The OCWR’s most recent accessibility report covered the 115th
Congress and noted that substantial progress in improving accessibility
throughout the Capitol complex continues:
177
“The most recent report from the AOC … indicates that 56% of the
findings from the 114th Congress have been closed and that
there are planned engineering solutions being develop for the
remaining 44% of the findings. For the 115th Congress, 31% of
the findings have been closed and the remaining 69% are being
addressed by the development of planned engineering
solutions.”239
An inspection conducted by the AOC, OCWR, and Sergeant at Arms in
2020 found a total of 1,632 barriers to access throughout the Capitol complex,
displayed in the table below. Barriers to access were assessed at both an ADA
non-compliance standard and a “functional accessibility” basis. As the report
states, “Functional accessibility, does not constitute a non-compliant
condition, however, it encompasses issues like whether the distribution of
accessible restrooms on each floor is convenient based on the square footage
and whether the building signage is sufficiently understandable and
informative for people who are unfamiliar with the building layout.”240 The
largest number of these barriers (532) involved multi-user restrooms. The next
highest barrier categories were signage and alarms.241
The report notes that for House member offices, many of the 477
barriers are not structural in nature and stem from furniture, furniture
layout/interior routes, and self-service displays/racks. It states, “Interior route
barriers generally include barriers related to a pathway or office configuration
being too narrow for a person using a wheelchair to pass through …
Self-Service display/rack barriers are generally assigned because a magazine
rack or snack dish is positioned too high or low for someone in a wheelchair
(or with another disability affecting their reach) to access.”242 This means that
many member office barriers can be resolved easily, quickly, and often, at no
cost.
The Committee’s May 27, 2021, hearing on making Congress more
accessible to the disability community sought to address the challenges that
staff with disabilities face while working in Congress, as well as the challenges
239. See page 1, Office of Congressional Workplace Rights. (2021). 115th Congress accessibility report:
Biennial report on Americans with Disabilities Act public services and accommodations inspections.
https://www.ocwr.gov/wp-content/uploads/2021/08/ada_biennial_report_115_congress.pdf
240. See
Office of Congressional Workplace Rights, Architect of the Capitol, Sergeant at Arms. (2020, Nov. 6).
Memorandum to the Committee on House Administration Re: Accessibility report required by House
Res. 756 [Unpublished], page 4.
241. Office of Congressional Workplace Rights, Architect of the Capitol, Sergeant at Arms. (2020, Nov. 6).
See
Memorandum to the Committee on House Administration Re: Accessibility report required by House
Res. 756 [Unpublished], page 15
242. Office of Congressional Workplace Rights, Architect of the Capitol, Sergeant at Arms. (2020, Nov. 6).
See
Memorandum to the Committee on House Administration Re: Accessibility report required by House
Res. 756 [Unpublished], page 16.
178
that Americans with disabilities encounter when interacting with Congress in
person and online.243 Witnesses provided first-hand perspectives of what it’s
like for persons with disabilities to work in Congress, as well as to visit
Congress.
Rep. Jim Langevin (D-RI), co-chair of the Bipartisan Disability Caucus
and the first quadriplegic person to serve in Congress, kicked off the hearing
by discussing the need for Congress to address physical accessibility,
accessible communications, and staff training. Rep. Langevin suggested that
Congress should “weave” accessibility into its very foundation so that it
becomes a routine part of congressional operations and processes, rather than
an afterthought.
After serving 11 terms in the U.S. House, Rep. Langevin is retiring at the
end of the 117th Congress. During his time in office, portable wheelchair ramps
were replaced by built-in ramps throughout the Capitol complex and
committee rooms were slowly renovated to comply with ADA guidelines. But
heavy, narrow doors without push-button entry are still the norm in many
congressional office buildings.244
Phoebe Ball, who uses a wheelchair and works as Disability Counsel for
the Committee on Education and Labor, provided a candid perspective on the
many challenges that staff with disabilities face. Currently, there is “no data
243. Making the House more accessible to the disability community: Hearing before the Select Committee
See
on the Modernization of Congress, 117th Cong. (2021). https://modernizecongress.house.gov/
committee-activity/hearings/making-the-house-more-accessible-to-the-disability-community
244. Tully-McManus, K. (2022, August 7). Inside the race to replace Congress’ first quadriplegic — and its
See
effect on disability rights. Politico https://www.politico.com/news/2022/08/07/langevin-republican-
disability-rights-00050131
179
Rep. Jim Langevin (D-RI) presides over the House following the installation of a lift to
ensure accessibility to the rostrum. Courtesy: Office of the Speaker of the House
Nancy Pelosi
available on how many people working on Capitol Hill have a disability, despite
efforts to study demographic representation in Congress’s workforce.”245 In
addition to addressing physical barriers and employee rights to
accommodation, Ms. Ball echoed Rep. Langevin’s call for staff training as an
important way to promote awareness and understanding of disabilities.
245. Ibid.
See
180
“Congress is a high-pressure environment where the needs of the
American people must come first. The ADA doesn’t require a
fundamental alteration of this dynamic. However, it does require
supervisors to have enough understanding of disabilities,
especially ones that may be less obvious, such as learning
disabilities and psychiatric disabilities, to engage in the
interactive process so that staff feel comfortable discussing these
disabilities, knowing they will get the accommodations they need.
Failing to do so may not only violate anti-discrimination law, but
it also adds unnecessary stress and difficulty that will inevitably
increase the level of burn-out and high turn-over that have
consistently made it difficult to recruit and retain a diverse
congressional staff workforce.”246
-Phoebe Ball, May 27, 2021
Additional witnesses at the Committee’s May 27, 2021, hearing provided
perspective on what it’s like for persons with disabilities to visit Capitol Hill.
For people who use wheelchairs or other mobility devices, finding accessible
parking and drop off areas within the Capitol complex is a challenge.
Individuals with disabilities also face inconsistent processes when they go
through security, making it difficult to prepare in advance. Other problems
include a lack of signage for accessible routes throughout the complex and
inadequate space and facilities for persons using mobility devices.
Rep. Langevin’s call for accessible communications was echoed by Ms.
Judy Brewer, an expert on digital accessibility who spoke about the need to
design technologies so that people with disabilities can use them, whether
their disabilities are auditory, cognitive, neurological, physical, speech or
visual. According to Ms. Brewer, the scope and impact of digital accessibility is
broad and in a congressional context, includes the following:
⚫ Digital accessibility is what enables constituents who are blind to find and
comment on legislation you’re developing, if your congressional website
is accessible.
⚫ Digital accessibility is what enables a staff member who is stressed, or
distracted, to smoothly navigate to a secure and private telehealth
session.
⚫ Digital accessibility is what enables a congressperson who might be a bit
hard of hearing to follow witnesses’ testimony via streaming captions in a
videoconference.
246. Making the House more accessible to the disability community: Hearing before the Select Committee
See
on the Modernization of Congress, 117th Cong. (2021) (testimony of Phoebe Ball).
https://modernizecongress.house.gov/imo/media/doc/Ball_Testimony.pdf
181
⚫ Digital accessibility is what could allow students who are deaf, or who
have low vision, or difficulty with hand coordination, to take the virtual
tour of the US Capitol that’s on the congressional website along with
their classmates, then discuss their shared experience.247
As mentioned above, the Committee passed a recommendation in the
116th Congress calling for improved access to congressional websites for
individuals with disabilities (#27). In 2019, the Chief Administative Office
(CAO) began undertaking efforts to ensure that House websites are fully
accessible and compliant with the Web Content Accessibility Guidelines
(WCAG) and Section 508 of the Rehabilitation Act. Complying with these
regulations helps ensure that Americans with disabilities can access and use
House websites without obstacles.
Prior to the 117th Congress, the CAO developed a new 508 compliant
platform that they utilized for new member websites. They also developed a
plan to continue monitoring compliant sites and train House staff to ensure
newly compliant sites remain accessible.248 The CAO then identified 346
member, caucus, committee, and other entity websites that require monitoring
and modernization to meet 508 standards. In 2021, the first year of the
website modernization initiative, the CAO helped bring 88 websites into
compliance. As of October 2022, 167 websites have been modernized and the
monitoring and evaluation process remains ongoing.249
The Committee’s recommendations to make Congress more accessible
to the disability community were greatly informed by the first-hand
perspectives shared by Rep. Langevin and Ms. Phoebe Ball. Their experiences
in navigating the Capitol complex offered valuable insight to Committee
members, as did the expertise shared by those who face access challenges
when visiting Congress in person or online. The Committee issued these
recommendations to not only ensure that Congress is compliant with its own
regulations but to push the institution forward so that it can model a future
where accessibility considerations are seamlessly incorporated into its routine
functions.
8.4 – Modernizing the Look and Use of Space in Congress
This chapter began with a quote from Rep. Dean Phillips’ testimony
before the Modernization Committee during its Member Day hearing in the
116th Congress. In the 117th Congress, Rep. Phillips was appointed to serve on
the Modernization Committee where he, along with Rep. Rodney Davis (R-IL),
led the Committee’s efforts on examining ways to modernize space in
247. Making the House more accessible to the disability community: Hearing before the Select Committee
See
on the Modernization of Congress, 117th Cong. (2021) (testimony of Judy Brewer).
https://modernizecongress.house.gov/download/judy-brewer-testimony
248. Kiko, P. G. (2020, July 24). Web accessibility status update. Committee on House Administration.
See
https://cha.house.gov/sites/democrats.cha.house.gov/files/Web%20Accessibility%20Report%20to
%20CHA%20-%20July%202020.pdf
249. Data supplied to the Committee via internal memo by House Web Services on October 19, 2022.
See
182
Congress. In addition to examining how to make Congress’s physical space
more accessible, the Committee explored how to update and make innovative
use of space throughout the Capitol complex.
The Capitol complex covers more than 18.4 million square feet of
facilities and 570 acres of grounds. The Capitol, six major House and Senate
buildings, three Library of Congress buildings, the Supreme Court Building, the
U.S. Botanic Garden, and other legislative branch facilities are situated on
Capitol complex grounds.250 Many of these buildings serve purposes beyond
simply housing employees; they provide space for members of the public to
interact with government. Research has shown that the physical environment
of government buildings has a large impact not only on the quality and
quantity of work produced, but also on how the public relates to and interacts
with government.251 These buildings provide “a space and a place for political
action and meaning” and they help shape how Americans see government and
understand Congress’s role in society.252 On average, an estimated 3-to-5
million people visit Congress each year.253
The need to expand, alter, and reimagine space in congressional
buildings is ongoing. For example, the Cannon House Office Building was
determined to be too small to meet the needs of Congress almost immediately
after it opened; thus, a project to enlarge the building began right on the heels
of its launch.254 Previous congressional reform committees have also
addressed the issue of physical space. Reformers in the 1940s officially
removed a number of defunct standing committees in order to, among other
reasons, reclaim valuable space that went unused for years.255
The House currently operates out of five office buildings: Cannon,
Longworth, Rayburn, O’Neill, and Ford. These buildings house 29 committees,
441 member and delegate offices, and numerous legislative support offices.
There are approximately 10,000 employees who currently work for the House
and prior to the COVID-19 pandemic, most worked onsite.256
The total number of House members, as well as total congressional staff,
have periodically been capped, in part because of physical space
limitations.257 During the 116th Congress, the Committee recommended that
250. U.S. Capitol Visitor Center. (n.d.). Retrieved November 1, 2022, from https://www.visitthecapitol.gov/
See
about-capitol/evolution-capitol
251. Evans, J.J. (2010). One nation under siege: Congress, terrorism, and the fate of American democracy.
See
University Press of Kentucky. https://doi.org/10.5810/kentucky/9780813125886.001.0001
252. Evans, J. J. & Gåddie, K. (2021). The U.S. Supreme Court’s democratic spaces. University of Oklahoma
See
Press. https://www.oupress.com/9780806176017/the-u-s-supreme-courts-democratic-spaces/
253. Architect of the Capitol. (n.d.). U.S. Capitol Building. Retrieved November 1, 2022, from
See
https://www.aoc.gov/explore-capitol-campus/buildings-grounds/capitol-building
254. Ibid.
See
255. House Committee on Rules. (n.d.) Historical overview: The Legislative Reorganization Act of 1946.
See
https://archives-democrats-rules.house.gov/Archives/jcoc2c.htm#a
256. U.S. House of Representatives. (n.d.). Positions with Members and Committees. Retrieved November 1,
See
2022, from https://www.house.gov/employment/positions-with-members-and-committees.
257. Drutman, L., Cohen, J. D., Levin, Y., Ornstein, N. J. (2021). The case for enlarging the House of
See
Representatives: An Our Common Purpose report. American Academy of Arts & Sciences.
https://www.amacad.org/ourcommonpurpose/enlarging-the-house
183
the House raise the cap on the number of full-time employees in member
offices (#9). If this change is implemented, the House would likely have to
address the tough question of whether space exists for additional employees.
COMMON SPACE-RELATED CHALLENGES: STAFF PERSPECTIVES
Consistent with its approach to studying other issues, the Committee
began exploring the topic of modernizing congressional space by first seeking
out user perspectives. Congressional staff are often responsible for dealing
with everything from choosing office layouts and ordering office furniture to
finding and reserving space for all levels and sizes of meetings. As such, the
Committee sought input from staffers working in a range of capacities
throughout the Capitol complex.
The most frequently cited problem raised by staff was the overall lack of
drop-in meeting spaces. Personal offices are typically crowded and lack
privacy; if one staffer is holding a meeting, others in the office can hear the
meeting. Too often, staff resort to taking meetings in public hallways or in
building cafeterias simply because there are no other options. Hallways and
cafeterias do not provide privacy, nor do they reflect the serious nature of the
business being conducted, whether it’s between staff, or between staff and
constituents.
Along the same lines, there is very limited quiet space available to staff
who need to do focused work, without distractions. Between the phone calls,
conversations, virtual meetings, and televisions tuned to live floor
proceedings, congressional offices can be quite noisy. For staff writing on
deadline or reading complex policy material, noise and distractions can
seriously hinder work.
The difficulties staff have finding available space are compounded by
the fact that a number of rooms throughout the complex sit vacant for
extended periods of time. The inefficient use of available space can be traced
back to a lack of understanding about which offices control particular rooms,
as well as the current cumbersome and unreliable process for reserving certain
rooms. A lack of consistency in presentation and videoconferencing
technology available in each room also presents challenges for staff who need
rooms that can accommodate modern meeting requirements.
Many staff also expressed interest in exploring ways to use outdoor
spaces around House office buildings, as well as ways to ease access to office
building courtyards. Extending Wi-Fi to outdoor spaces, installing outdoor
power outlets, and creating outdoor meeting spaces were all suggested as
well.
DESIGNING SPACE: EXPERT PERSPECTIVES
While staff provided the Committee with invaluable first-hand
perspective on the challenges of managing space on Capitol Hill, the
Committee also sought the expertise of various design professionals.
184
One of the most consistent concerns the Committee registered was the
difficulty of navigating the various buildings throughout the Capitol complex.
Newly elected members, new staff, and visitors struggle to find their way
around the complex because no intuitive wayfinding system currently exists.
At the Committee’s March 17, 2022, hearing on modernizing House
office buildings, members heard from Patrick Wand, a senior project manager
who helped design a large-scale wayfinding system for the Mall of America,
which welcomes an average of 40 million visitors each year. Following
extensive research and some trial-and-error experiments, Mr. Wand and his
team created a system that offers privacy to the user, easy functionality,
blue-dot navigation, multiple languages, and the ability to address various
accessibility issues.258 Mr. Wand also noted that the process of improving
wayfinding and use of physical space is not always a linear one, stating:
“Our first iteration was a large screen vertical format directory in
2016, and we completely missed the mark. Customer feedback
and data collected from these new directories was not positive.
Rather than create a solution that worked for our guests, we went
with a shiny object, and it just didn’t work.
We pivoted and created what is essentially a large iPad looking
screen that offers privacy to the user, as well as functionality they
were comfortable with. Our wayfinding journey help[s] illustrate
that it is not just about which tool is best for the solution. To be
successful, it is important to understand the entire roadmap
before beginning the journey.”259
-Patrick Wand, March 17, 2022
Prior to the hearing, Mr. Wand and the Committee’s other witnesses
toured the Capitol complex with staff and visited the offices of Chair Kilmer,
Vice Chair Timmons, and Rep. Phillips. During the hearing, Mr. Wand likened
the long, cavernous hallways in many of the House office buildings to those in
airports. However, he pointed out that airports are much easier to navigate
because they have the kind of visible, directive signage that congressional
buildings lack. Mr. Wand also noted that the member office directories
displayed next to elevators are difficult to read, and the building maps are
hard to decipher.260
258. Innovative workplaces, historic spaces: Modernizing House office buildings: Hearing before the Select
See
Committee on the Modernization of Congress, 117th Cong. (2022).
https://modernizecongress.house.gov/innovative-workplaces-historic-spaces-modernizing-house-
office-buildings
259. Ibid.
See
260. Ibid.
See
185
In response to questions about the need to balance wayfinding systems
with security concerns – especially in congressional buildings – Mr. Wand
noted that it’s easy to leave secure or private spaces off public maps.261
The Committee also learned about modern office design from Katie
Irwin, with the American Institute of Architects, and James Ossman, with the
online craft marketplace Etsy. The COVID-19 pandemic upended how many
Americans think about their work environments. Many workers report that
they are more productive working remotely and that they enjoy greater
flexibility in balancing their personal and professional lives. Likewise, many
employers believe that offering remote work opportunities has allowed them
to access new pools of talent, adopt innovative processes to boost
productivity, and create a stronger work culture.262
Rep. Phillips (D-MN, right) speaks with Katie Irwin (left).
261. Ibid.
See
262. Boland, B., De Smet, A., Palter, R., Sanghvi, A. (2020, June 8). Reimagining the office and work life after
See
COVID-19. McKinsey & Company. https://www.mckinsey.com/business-functions/people-and-
organizational-performance/our-insights/reimagining-the-office-and-work-life-after-covid-19
186
“The pandemic changed everything, and, like Congress and all
workplaces, we had to adapt quickly. And we learned a lot in the
process. Just months before the pandemic, Etsy was 90%
office-based. Today, Etsy is 60% office-based, and we are 100%
hybrid. That means that everything is designed for remote and
in-person participation. For Etsy, the end of the Omicron wave is
more than just about returning to work; it is about the future of
work.”263
-James Ossman, March 17, 2022
Given new trends in how people prefer to work, the private sector is also
shifting how it uses its physical workspaces. As the figure below details, all
types of work used to occur in one, centralized office. However, in the
post-pandemic world many workers prefer to tackle their “heads down” work
at home. In turn, in many workplaces the office has become a place for
workers to focus on collaboration and connection within and across teams and
departments.
These shifts have led companies to reimagine their physical office
spaces. Many have started to shift away from individually assigned desks and
static workstations toward more flexible and modular furniture arrangements.
263. Innovative workplaces, historic spaces: Modernizing House office buildings: Hearing before the Select
See
Committee on the Modernization of Congress, 117th Cong. (2022).
https://modernizecongress.house.gov/innovative-workplaces-historic-spaces-modernizing-house-
office-buildings
187
Multipurpose and flexible workspaces are not only important to a changing
workforce, but they also allow employers to get more out of their spaces by
allowing for a set amount of square footage to be easily adapted.264 Ms. Irwin
explained that these kinds of updated approaches to workspace design can be
adapted for historical spaces like Congress.
“I fully appreciate that congressional office space must retain the
grandeur we associate with the seat of American democracy. It is
critical to maintain the institution’s character-defining features,
faces, and finishes. This is completely feasible while still allowing
for necessary modernizations to meet the needs of the
21st-century office buildings.
A Member of Congress’s office may retain solemn design and
furnishing while still allowing for updates to congressional staff
working spaces. Modern furnishing can support this goal. Historic
writing desks and other traditional pieces can work alongside
sit-to-stand desks, credenzas, and other technology-incorporative
furniture. When approached thoughtfully, this can be done in a
beautiful and tasteful balance of form, function, and ergonomics.
For example, congressional hearing rooms are impressive when in
use but often sit empty. I would not recommend changing the
dais where Members of Congress sit, because that ought to be
considered a priority zone for preservation. However, the
furnishing for the audience could be upgraded to modular design
so the rows we see now can be covered to support meeting
space. Promoting effective, collaborative, and healthy workplaces
on Capitol Hill supports good governance, which benefits us all.
We can be good stewards of these historic spaces while
sensitively integrating modern updates.”265
-Katie Irwin, March 17, 2022
8.5 – Vision 2100
To address many of these concerns, the AOC has created a plan for
modernizing the complex by 2100 which will guide the work of the office for
the next 80 years. Stakeholders will have the opportunity to provide input,
264. ViewSonic. (2021, February 7). 5 workplace design trends for boosting employee engagement.
See
https://www.viewsonic.com/library/business/workplace-design-trends/
265. Innovative workplaces, historic spaces: Modernizing House office buildings: Hearing before the Select
See
Committee on the Modernization of Congress, 117th Cong. (2022).
https://modernizecongress.house.gov/innovative-workplaces-historic-spaces-modernizing-house-
office-buildings
188
with the goal of incorporating a broad range of innovative ideas and best
practices. The AOC, J. Brett Blanton, described Vision 2100 and his office’s
approach during the Committee’s March 17, 2022, hearing in the following
way:
“Vision 2100 is the powerful and lasting statement of what the
Capitol will be over the next 80 years. Within that you have our
Capitol Complex Master Plan, which looks at that 80 years over
four 20-year increments. Within that are four 5-year strategic
plans. So that is how they all nestle together to work.
The idea is we are following the North Star from the Vision and
we have definitive goals with specific timelines where we can
measure our progress and determine, do we need to change
course?”266
- J. Brett Blanton, March 17, 2022
The AOC’s office reports that early conversations with members and
staff have highlighted the many roles the Capitol campus plays: office,
museum, legislative forum, civic stage, neighborhood park and much more.
There is a clear desire to create a more connected and engaged campus for
workers and visitors.
As detailed above, the Committee identified several areas in need of
improvement when it comes to modernizing the physical infrastructure of
Congress and support entities. Therefore, the Committee issued the following
recommendations to ensure that the House can better welcome visitors,
support the work of House employees, and encourage enhanced productivity
for generations to come.
8.6 – Recommendations
IMPROVE ACCESSIBILITY
114. ADA Drop off/Pick up Zone: The House should designate a drop off and pick
up zone near an accessible entrance for members of the public with mobility
impairments and develop a clear process for accessing the new drop off
point.
Providing a designated drop off or pick up zone near an accessible
entrance, and a well-understood process for utilizing it, would help to mitigate
this barrier to entry and help people with disabilities more easily plan their
visits to the Capitol. The House is currently engaged in separate studies,
including an ongoing ‘‘Transportation and Mobility Study’’ as well as a security
study, which should prioritize the establishment of an ADA drop off and pick
266. Ibid.
See
189
up zone that balances and incorporates security and other transportation
needs. The zone must be accessible to the public and allow for vehicles to
park long enough to transfer passengers into and out of a vehicle. In addition,
a process should be developed for how the public can access and utilize the
new drop off point, including information on whom to call with questions or
requests for additional information. The Office of Accessibility Services should
be consulted as various options for the drop off zone itself, and the process
for accessing it, are considered.
115. Security Screening for those with Disabilities: Visitors and staff with
disabilities should have access to information on the security screening
techniques they will encounter upon entering the Capitol complex.
Providing more information about the security screening techniques
that visitors and staff with disabilities can expect when entering the Capitol
complex would increase public awareness, ensure visitors are informed and
prepared, and potentially improve consistency in visitors’ experiences.
116. Doorway Accessibility: The House should prioritize the installation of
additional automatic doors and replace door hardware that is difficult to
grasp with one hand.
Prioritizing door improvements to ensure accessibility will allow
members, staff, and visitors with disabilities to easily access and move more
freely around House offices and the Capitol complex without assistance.
A joint accessibility report from November 2020 identified a number of
doors for remediation where ‘‘existing door hardware cannot be grasped easily
with one hand or requires tight grasping, pinching, or twisting of the wrist to
operate.’’ For example, the round historic knobs require users to ‘grasp and
twist’ to open the door, which does not comply with accessibility codes and
standards. The report also identified doors that have insufficient clearance
width for a wheelchair. Further, some doors are designed for fire protection
and therefore inordinately heavy and completely inaccessible to individuals in
wheelchairs. While each door requires an individual solution, some of these
doors may be made accessible with an automatic door operator.
117. Accessible Websites: The House should promote awareness of accessibility
requirements for member and committee websites and provide training and
tools for staff to help them properly maintain and update those sites.
CAO identified a need for office content managers to have a greater
understanding of compliance issues and best practices for how to ensure the
websites they manage are accessible.
If staff are knowledgeable about website access standards and tools are
put into place to encourage compliance, House websites are more likely to
remain accessible as staff learn to follow and implement compliance best
practices when updating the websites they are responsible for maintaining.
Staff should also be made aware of training at the time they are granted
authority to publish to a House website.
190
MODERNIZING HOUSE OFFICE BUILDINGS
157. Improve navigating the campus: 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
through the Capitol campus.
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.
158. Survey House employees: The House should regularly survey House
employees to assess plans for telework and use of office space.
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.
159. Digital displays for hearings and events: The House should provide digital
signage displaying information about current public hearings and events.
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.
191
160. Inventory existing space: The House should study the use of its space to
understand how it is used, who controls access to various spaces, and how it
is managed in the House and the Capitol.
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 unpredictability associated with involving external elements must be
considered.
161. Offer expanded options for meeting space: The House should establish and
designate shared meeting spaces that will allow for members and staff to use
on a drop-in basis and not require reservations.
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.
162. Portal for all reservable space: The House should develop an app and expand
the current web portal to include all reservable space in the Capitol and
House Office Buildings.
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 online 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.
192
163. Establishing procedures for communicating with members and staff prior to
new construction: AOC and CHA should jointly establish procedures to ensure
new projects are modern, functional, and meet the needs of members and
constituents.
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, 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.
164. Establishing procedures for communicating with members and staff during
construction: AOC and CHA should jointly establish procedures to ensure new
projects are modern, functional, and meet the needs of members and
constituents.
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.
165. Flexible and modern member office templates: 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.
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 the memebr
is 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
193
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.
166. Flex hearing space: The House should identify and develop a space that can
be used to hold hearings with alternative seating formats such as a
roundtable style.
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 used 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.
8.7 – Conclusion
Committee members are highly aware of the need to be responsible
with taxpayer dollars and understand there are only so many modifications
that can be made to the historic buildings out of which Congress operates.
However, members firmly believe having a modern, accessible, and efficient
workplace is an important piece of the puzzle when it comes to creating a
more effective institution. Collectively, these recommendations will help the
House create an environment that better meets the needs of members, staff,
and public visitors.
194
Chapter 9 – Modernizing District Offices
9.1 – Introduction
Late House Speaker Tip O’Neill’s well-known observation that “all
politics is local” still captures a universal truth that sums up how many
members view their work – through the lens of their districts. District offices
are “Congress back home” and typically have more direct contact with
constituents than D.C. offices.
Rep. Perlmutter (D-CO, right), whose district-based Chief of Staff testified before the
Modernization Committee, speaks with Vice Chair Timmons (R-SC, middle) and Chair
Kilmer (D-WA, left).
District staff are on the front lines, day in and day out, helping
constituents navigate the complexities of the federal government from cities
and towns all over the country. Throughout its tenure, the Committee has
emphasized the importance of including district staff in discussions about
issues that affect congressional staff. The work they do is key to helping
members fulfill their representational responsibilities but because they are not
located in D.C., district staffers may feel overlooked and left out of important
conversations that impact their jobs.
195
“We know that district staff do highly specialized work and that’s
why it’s so important to seek their expertise and feedback in an
ongoing way.”267
-Chair Derek Kilmer, February 16, 2022
During the 116th Congress, the Committee held a virtual discussion
looking at the challenges district offices faced in working through the
COVID-19 pandemic. Generally speaking, the pandemic – and the resultant
transition to telework – underscored many of the persistent cultural
differences between D.C. and district offices. The virtual discussion examined
best practices and identified gaps in the ability of district staff to work
remotely and continue operations in an emergency. Committee staff also
sourced feedback from discussions with multiple district office directors who
participated in bipartisan forums organized to better understand challenges
unique to district offices.
In the 117th Congress, the Committee continued its ongoing efforts to
learn more about district-based challenges from district staffers. In exploring
the issue of modernizing space in Congress (see Chapter 8), the Committee
recognized that the clear physical and social design challenges in Congress
sometimes extend to district offices, as well. Finding accessible office space
that meets security requirements can be tough, especially for newly elected
members who want to set up district offices quickly. The furniture that is made
available to district offices through the General Services Administration is
often outdated and mismatched and setting up internet service and syncing
technology with the D.C. office can also be an arduous process.
Because offices “back home” are primarily tasked with direct constituent
communication, ensuring that district offices and staff are equipped with the
space, technology, and information they need is essential. The Committee’s
exploration of these issues involved a hearing focused on modernizing district
offices, as well as several listening sessions with district-based staff to learn
about on-the-ground challenges and suggested improvements.
9.2 – Setting Up a District Office
Most members and staff believe that it is important for newly elected
members to have at least one district office up and running by the first day of
the new Congress. But figuring out what a new office needs, much less how
267. Congress back home: Modernizing district office operations: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2022). https://modernizecongress.house.gov/imo/media/
doc/2.16transcript.pdf
196
many district offices to open and where to locate them, can be a daunting task
for new members and staff. As the table below shows, the number of district
offices each member maintains varies, based on factors that are unique to the
district.268
There are some resources available to help guide staff in the opening
and maintaining of offices. The Committee on House Administration (CHA) has
assembled a handbook that provides an overview of the rules and processes
related to opening and maintaining offices.269 Perhaps most helpful is the
glossary of terms provided at the handbook’s end; new members and staff
frequently mention the steep learning curve when it comes to making sense of
the congressional lingo and the alphabet soup of acronyms that cover House
operations. Though not comprehensive, the glossary and other items provided
in the CHA handbook present a good overview of the wide variety of topics
members and staff need to be aware of as they set up new offices.
The Congressional Management Foundation (CMF) also provides a
helpful list of space-related best practices gleaned from their many
discussions with current and former district directors and chiefs of staff.270 The
list of dos and don’ts includes:
268. See “Chapter Seven: Establishing District and State Offices,” Congressional Management Foundation.
(2020). Setting course: A Congressional management guide (117th Congress ed.).
https://www.congressfoundation.org/storage/documents/CMF_Pubs/
cmf_settingcourse_117thcongress.pdf
269. Committee on House Administration. (2021). Guide to outfitting and maintaining an office.
See
http://cha.house.gov/sites/evo-subsites/democrats-cha.house.gov/files/
2021_117th_Outfitting_and_Maintaining_an_Office_2_16.pdf
270. Congressional Management Foundation. (2020). Setting course: Summary of chapter 7: Establishing
See
district and state offices. https://www.congressfoundation.org/congressional-operations/new-
member-resource-center/172
197
⚫ Do understand that setting up a district office is a difficult decision to
reverse. Give it your full attention because closing an office in your first
term can have political repercussions.
⚫ Do weigh the advantages and disadvantages of using government vs.
privately-owned space for your district offices. Consider location,
accessibility, cost, square footage, and other factors when making your
decisions.
⚫ Do think creatively about how to best serve constituent needs. Part-time
offices and mobile offices are alternatives to the traditional district office
and holding regular community and open office hours allows the member
to reach remote areas and constituents who might be unable to travel.
⚫ Do make sure the first district office you open is adequately prepared.
While it doesn’t need to be fully staffed or equipped, the office will need
to handle an immediate onslaught of meetings, scheduling requests and
questions about ongoing casework.
⚫ Don't automatically decide to occupy your predecessor’s office(s).
Consider how your needs and goals might necessitate a different city or a
different space.
⚫ Don't open more district offices than you need. Use the following criteria
to determine the number to open:
⚫ size of district;
⚫ accessibility to constituents;
⚫ constituent expectations;
⚫ competing budget priorities;
⚫ urban/rural differences;
⚫ strategic importance of constituent services; and
⚫ staff hiring limitations.
⚫ Don't make any long-term commitments without first seeking guidance
and assistance from the Senate Sergeant at Arms’ State Office
Operations or the Committee on House Administration and the House
Administrative Counsel.
⚫ Don't overlook the role of technology in increasing district effectiveness
and efficiency.
To learn more about current concerns related to district office space and
operations, Committee staff hosted several listening sessions and met with
district directors from around the country. The concerns they raised generally
fell into three categories: issues related to opening a district office, technology,
and the need to clarify and update House rules as they affect district office
operations.
198
By far the most consistent challenge district directors mentioned was
the struggle to open district offices. While there are some resources available
to staff (see above), many district directors said there is not a lot of outreach
from D.C. offices and entities, and staff are often unaware that such resources
even exist. Navigating the site selection process and figuring out points of
contact within relevant House entities are two areas where staff need
immediate guidance but struggle to find it. Additionally, many offices –
particularly those servicing large or rural districts – need greater flexibility to
rent temporary or “pop-up” offices to reach more constituents.
“Selection for a brand-new office in a newly established district is
challenging when there is uncertainty about finding the
best-suited location, necessary office amenities, or acceptable
and available furnishings. While House Ethics provided general
information about internet needs, pricing allowances, and the
lease, most basic logistics lacked guidance. Should a new office
be established near other government buildings? Should
consideration be given to available security or safety features? Is
it more feasible to have separate staff offices? Should a
conference room area be considered? These are all questions
facing a new director.”271
-Sarah Youngdahl, February 16, 2022
Setting up technology and figuring out how to sync it with the D.C.
office is also a source of ongoing confusion and frustration for district staff.
These challenges are compounded by the fact that there is no one point of
contact for district-based technology issues. Poor internet access and the lack
of Wi-Fi service also create problems.
271. Congress back home: Modernizing district office operations: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2022) (testimony of Sarah Youngdahl).
https://modernizecongress.house.gov/imo/media/doc/sarah_youngdahl_testimony.pdf
199
“Over the years our district office has grappled with the speed at
which our office accesses and transmits electronic information.
We tried many fixes, from re-wiring to purchasing our own server,
neither of which alleviated the problem. The main issue is the
House firewall and the need for data to travel to and from D.C.
with every click, thus causing a slow network resulting in lost staff
time and less productivity … Another problem for district offices
is the lack of Wi-Fi capability. Since the House does not support
Wi-Fi in district offices, we resort to workarounds such as the use
of hot spots. As we all experienced with the pandemic, having
access to Wi-Fi is critical for a fully functioning office and would
provide staff more flexibility to be more mobile within the office
workspace.”272
-Danielle Radovich Piper, February 16, 2022
District based staff also expressed confusion about various House rules
and how they apply to district offices. In particular, staff pointed to rules
around partnering with outside entities when hosting events for constituents.
While this issue is not directly related to the topic of district office space, it
does impact how members and staff are able to engage with constituents
back home and is thus an important part of the discussion.
The rules and regulations governing how district offices can partner with
outside entities for the benefit of constituents (job fairs, tax preparation
seminars, etc.) derive from House Rule 24, which prohibits “Unofficial Office
Accounts,” as well as the interpretation of the Purpose Law (31 U.S.C. 1301).
Generally speaking, Rule 24 prohibits supplementing the Members
Representational Allowance (MRA) with outside funds to ensure a strict line
exists between official and non-official resources and requires that all official
activity be paid for with only appropriated resources. The only exception to
the rule allows for a member to use personal funds to subsidize their official
activities.
Thus, the House has generally prohibited member offices from
“co-sponsoring” events with outside organizations because co-sponsorship
can result in impermissibly supplementing official funds and activities under
Rule 24 and related regulations. So, an event must be sponsored and hosted
solely by the congressional office, or in the alternative, solely by the outside,
non-congressional entity. If the activity is a House or official event, only the
member office’s funds and resources can be used to plan, organize, and
execute the event. While an outside, private group (for example, an academic,
an expert from a think tank, a local chamber of commerce, or other
272. Congress back home: Modernizing district office operations: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2022) (testimony of Danielle Radovich Piper).
https://modernizecongress.house.gov/imo/media/doc/radovich_piper_testimony2.pdf
200
community organization) may be invited to participate as a special guest or
invitee, co-branding is generally impermissible and only the member office can
coordinate the list of attendees, gather RSVPs, and staff the event. Members
can, however, co-sponsor events with other members since that is still viewed
as using appropriated funds.
The costs of an event must be borne solely by the congressional office.
Any donation of space or refreshments by the outside group is not permitted,
unless it otherwise falls within a specific exception to the gift rule (for
instance, the donation of space by a local chamber may be permissible under
the widely available benefit exception, if all other requirements of the gift rule
exception are met). The only exception is when the guest is another
government entity, which can provide “in-kind” services to the member for an
official activity or event. But while members can accept in-kind services from
another government entity, they may not use their own MRAs to provide
assistance or in-kind services to another government entity.
To ensure the event is being advertised and branded properly to the
public under the rules, members and staff often find themselves engaging in
“semantic somersaults” to make sure they’re using acceptable words to
describe events. For example, the House Ethics and House Administration
committees have allowed members to label events “in conjunction with” or “in
collaboration with” non-House entities, but they are prevented from saying
“co-sponsored with” because it could imply impermissible outside support or
involvement. Confusion about terminology and fear of non-compliance
sometimes causes member offices to forego these types of events altogether.
“Events 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.”273
-Sarah Youngdahl, February 16, 2022
In order to consider these and other district-related issues, the
Committee held a hearing at which district directors for two Committee
members testified.274 Sarah Youngdahl, district director for Rep. Guy
Reschenthaler (R-PA), and Danielle Radovich Piper, the district-based chief of
staff for Rep. Ed Perlmutter (D-CO), shared their experiences and
recommendations for improving various district office challenges. Members
273. Congress back home: Modernizing district office operations: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2022) (testimony of Sarah Youngdahl).
https://modernizecongress.house.gov/imo/media/doc/sarah_youngdahl_testimony.pdf
274. Congress back home: Modernizing district office operations: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2022). https://modernizecongress.house.gov/committee-
activity/hearings/congress-back-home-modernizing-district-office-operations
201
also heard from George Hadijski, an expert with the Congressional
Management Foundation and a former staff member for the Committee on
House Administration. In addition to the issues raised by Ms. Youngdahl and
Ms. Radovich Piper, Mr. Hadijski addressed other important topics like office
security and the need for short-term hires to help with emergency situations in
districts.
Rep. Reschenthaler (R-PA) looks on during a Modernization Committee hearing.
Witness testimony, as well as the insights provided by the many
district-based staffers from whom the Committee heard, informed the
Committee’s recommendations for modernizing district office operations.
202
9.3 – Recommendations
MODERNIZING DISTRICT OFFICE OPERATIONS
145. District Wi-Fi: The CAO should provide every district office with access to
secure Wi-Fi.
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.
146. Single point of contact for district office setup: The CAO should designate a
single point of contact for each office to streamline the process for setting
up district office operations.
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.
147. District-focused transition aide: The House should provide members-elect
with a second paid transition aide who can focus on setting up district
operations.
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
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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 MRA.
148. Information sharing between district offices: The CAO should facilitate
opportunities for staff that work directly with constituents to connect and
share best practices.
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.
149. Ready for day one program: 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.
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.
204
150. Agency casework contact lists and privacy release form policies from CRS:
CRS should provide regularly updated and complete information on local
agency casework contacts and agency digital privacy release form policies.
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.
151. Additional staff capacity to support disaster response: The House should
provide resources and staffing flexibility to district offices in responding to a
federally declared disaster.
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.
152. District staff retention: 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.
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.
205
153. Connecting constituents with community organizations and resources: The
House should update and provide clear ethics guidelines to allow district
offices to direct constituents to appropriate community organizations,
resources, and services.
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 administered
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
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.
154. Facilitating constituent service events: 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.
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.”
206
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. Both the Ethics Manual and the Handbook would need to
be updated to align the House and Senate policy. 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.
155. Constituent control over their data: The House should ensure that constituent
data and records related to casework are maintained, transferred, or
destroyed according to a constituent’s preferences.
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.
156. Technology solutions to help offices better serve constituents: The CAO
should develop or provide optional in-house technology solutions to district
offices to improve casework and other services.
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.
9.4 – Conclusion
District offices often serve as the first point of contact for constituents
seeking information or help from their member of Congress. District-based
staff act as the “eyes and ears” back home and help to ensure that members
are kept abreast of the issues and concerns constituents care about most.
207
District staff also work closely with constituents on a daily basis to manage
and resolve various casework requests. Given the central role district offices
and staff play in helping members successfully carry out their representational
responsibilities, Committee members agreed that district offices and
operations should be updated and equipped to effectively meet the needs of
constituencies across the country.
208
Chapter 10 – The Future of Modernization
10.1 – Introduction
From day one, the Modernization Committee’s guiding mission has been
to make Congress work better for the American people. This simple but
profound goal provided the Committee with a framework for action. Through
public hearings, outreach to members and staff, discussions with institutional
support offices, and consultation with diverse internal and external experts,
the Committee learned about the many challenges Congress faces in
upholding its Article I responsibilities. The Committee, in a bipartisan and
transparent way, then developed solutions with an eye toward making the
People’s House work better for the people it serves. The end result was the
passage of 202 recommendations to help ensure that Congress is equipped to
act as the first among co-equal branches of government.
(From left to right) Reps. Williams (D-GA), Perlmutter (D-CO), and Vice Chair
Timmons (D-SC) share a laugh during a Modernization Committee hearing.
In addition to focusing on issues within its broad mandate, the
Committee also examined some contemporary challenges and concerns,
outside of its mandate. Recommendations to improve staff recruitment,
retention, diversity, and compensation and benefits will help Congress attract
and retain talented and dedicated public servants. Recommendations to
encourage civility and collaboration in Congress will foster greater
productivity on behalf of the American people. Recommendations to
modernize Congress’s physical space and infrastructure will make Congress a
more accessible and “customer friendly” institution. Recommendations to
209
bolster technology will improve the way Congress communicates, operates,
delivers services, and develops legislation. Recommendations to modernize
the legislative process will help members perform their lawmaking
responsibilities more efficiently. And recommendations to improve constituent
engagement and constituent services will strengthen the connection between
members and their districts.
The Committee has accomplished a great deal in a limited amount of
time. But in order for Congress to meet the needs of a constantly evolving
society, it needs to build routine innovation into its operations and processes.
Chair Kilmer and Vice Chair Timmons have repeatedly argued that Congress
should treat reform as an ongoing effort rather than an occasional exercise.
“I’ve frequently made the point that modernization should
happen as a matter of course. Businesses and organizations build
innovation into their operations because they understand that
evolving with the times is necessary in order to remain relevant.
By relegating reform to something it does every few decades,
Congress is consistently playing catch-up.”275
-Chair Derek Kilmer, September 14, 2022
Over the past century, there have been three joint select committees,
which included members from both the House and Senate, four House select
committees (including the Modernization Committee), and two commissions
focused on reforming Congress.276 These impermanent efforts have resulted in
sporadic reforms rather than the ongoing improvements necessary to ensure
that Congress can consistently meet the needs of the American people.
The Committee was fortunate to receive two extensions, which meant
that it had additional time to complete its work. But given the broad scope of
issues to address and the amount of “catch-up” Congress needs to do, the
Committee had to prioritize and focus on what it could successfully
accomplish in the limited time it had.
While this pragmatic approach yielded an impressive 202
recommendations, it left little time to fully explore some of the more complex
reform issues that deserve thoughtful consideration. The Committee held
three hearings dedicated to discussing some of these challenging issues, with
the goal of raising awareness and creating a public record on which future
reformers might build:
275. Congressional modernization: A roadmap for the future: Hearing before the Select Committee on the
See
Modernization, 117th Cong. (2022). https://modernizecongress.house.gov/committee-activity/
hearings/congressional-modernization-a-roadmap-for-the-future
276. See a history of previous congressional reform see “Past Congressional Reform Efforts” in Select
For
Committee on the Modernization of Congress. (2020). Final Report for the 116th Congress.
https://modernizecongress.house.gov/final-report-116th
210
Rep. Perlmutter (D-CO, left) and Rep. Davis (R-IL, right) speak during a hearing.
⚫ Congressional Continuity: Ensuring the First Branch is Prepared in Times
of Crisis (April 6, 2022)277
⚫ Pathways to Congressional Service (June 8, 2022)278
⚫ What’s the Big Idea? Innovative Approaches to Fixing Congress (July 28,
2022)279
Some of the concerns and reform ideas raised in these hearings are
discussed below, as are recommendations offered during the Committee’s final
hearing, “Congressional Modernization: A Roadmap for the Future.”280 The
chapter concludes with a brief overview of the Committee’s operational
recommendations for future reform committees.
277. Congressional continuity: Ensuring the first branch is prepared in times of crisis: Hearing before the
See
Select Committee on the Modernization of Congress, 117th Cong. (2022).
https://modernizecongress.house.gov/committee-activity/hearings/congressional-continuity-ensuring-
the-first-branch-is-prepared-in-times-of-crisis
278. Pathways to congressional service: Hearing before the Select Committee on the Modernization of
See
Congress, 117th Cong. (2022). https://modernizecongress.house.gov/pathways-to-
congressional-service
279. What’s the big idea? Innovative approaches to fixing Congress: Hearing before the Select Committee
See
on the Modernization of Congress, 117th Cong. (2022). https://modernizecongress.house.gov/
committee-activity/hearings/whats-the-big-idea-innovative-approaches-to-fixing-congress
280. Congressional modernization: A roadmap for the future: Hearing before the Select Committee on the
See
Modernization, 117th Cong. (2022). https://modernizecongress.house.gov/committee-activity/
hearings/congressional-modernization-a-roadmap-for-the-future
211
10.2 – Continuity of Congress
In the wake of the September 11, 2001, terrorist attacks, concerns were
raised about the ability of Congress to maintain operations in the face of a
catastrophe. Congress responded by establishing the bipartisan Cox-Frost
Commission to examine continuity issues and by conducting additional
in-depth research on congressional continuity. Based on recommendations
from the Cox-Frost Commission, as well as outside research from experts on
the bipartisan American Enterprise Institute (AEI) and Brookings Institution
Continuity of Government Commission, the House adopted several procedural
changes to ensure continuity of operations, including giving the Speaker
authority to convene the House in an alternate location and to suspend
pending business by declaring an emergency recess.281
Though the House made important and necessary changes to ensure
continuity of operations in the early 2000s, changes in technology, alterations
to related statutes and regulations, and the changing nature of potential
threats since then raised new questions about preparedness. The Committee
thus chose to reexamine the issue with fresh eyes and a modern perspective.
To do so, it held a hearing on April 1, 2022, to gain a better understanding of
the post-September 11, 2001, House discussions on continuity and to consider
proposals from the bipartisan AEI Continuity of Government Commission.282
At the hearing, Chair Kilmer laid out the importance of reexamining this issue
saying:
“If Congress can’t function, our constituents lose their voice in
government. That’s a core principle of representational
democracy that should be preserved no matter what. A Congress
that can’t function also opens the door to unilateral executive
branch control, which defies constitutional intent.”283
The hearing explored a few main topics related to congressional
continuity including filling vacancies, procedures for declaration of incapacity,
chamber quorum requirements, the House’s ability to function in emergencies,
and the ability to reconstitute the House via expedited emergency elections.
Two of these issues—mass incapacitation as it relates to quorum requirements
and the method of conducting emergency elections—had been addressed by
previous congressional efforts. The Committee did, however, hear concerns
about potential gaps in these provisions as they currently stand.
281. See a full list of changes see Appendix C, Continuity of Congress: An examination of the existing
For
quorum requirement and the mass incapacitation of Members: Hearing before the House Committee
on Rules, 108th Cong. (2004). https://www.govinfo.gov/app/details/CHRG-108hhrg95383/
282. Continuity of Government Commission. (2022). The continuity of Congress. American Enterprise
See
Institute. https://www.aei.org/wp-content/uploads/2022/04/The-Continuity-of-Congress.pdf?x91208
283. Congressional continuity: Ensuring the first branch is prepared in times of crisis: Hearing before the
See
Select Committee on the Modernization of Congress, 117th Cong. (2022).
https://modernizecongress.house.gov/imo/media/doc/04.06hearingtranscript.pdf
212
Previously, to address the issue of mass incapacitation, the House
adopted a rules change in 2005 (Rule XX, clause 5, section c) which sets up a
series of extended quorum calls to determine a “provisional” quorum.284 These
rule modifications have been maintained by both parties since they were first
adopted. The House Committee on Rules285 and Committee on House
Administration286 also held hearings to explore continuity issues generally, and
specifically discussed a proposal for expedited special elections to address
mass vacancies, which was subsequently adopted,287 as well as a proposed
constitutional amendment for the temporary replacement of House members,
an idea supported at that time by the AEI-Brookings Institution
commission.288,289
The Committee received a great deal of testimony from outside experts
on this important topic, including through the contributions of the AEI
Continuity of Government Commission, other outside experts, and staff deeply
involved in deliberations over these issues and proposed reforms after the
attacks of September 11, 2001. The issues are incredibly important, but they
are also incredibly complex and while legitimate questions and issues were
raised, Committee members concluded that it is beyond the scope and
expertise of this Committee to make specific recommendations on this topic.290
The Committee recommended that the issues be examined by a joint
committee, modeled after a prior proposal that was never enacted,291 to ensure
congressional continuity in the face of the next, potentially unforeseen crisis.
284. Clerk of the House of Representatives. (2021, February 2). Rules of the House of Representatives,
See
117th Congress. https://rules.house.gov/sites/democrats.rules.house.gov/files/117-House-
Rules-Clerk.pdf
285. See
Continuity of Congress: An examination of the existing quorum requirement and the mass
incapacitation of Members: Hearing before the House Committee on Rules, 108th Cong. (2004).
https://www.govinfo.gov/app/details/CHRG-108hhrg95383/
286. Continuity of Congress: Special elections in extraordinary circumstances: Hearing before the
See
Committee on House Administration, 108th Cong. (2003). https://www.govinfo.gov/app/details/CHRG-
108hhrg90083/CHRG-108hhrg90083
287. In
See2006, Congress enacted the Continuity in Representation Act which provides expedited procedures
for conducting special elections in times of extraordinary circumstances. The law states that
“extraordinary circumstances” occur when the Speaker of the House of Representatives announces
that vacancies have exceeded 100 seats in the House. Under these circumstances, the law stipulates
that states have 49 days to conduct special elections to fill said vacancies. For more information, see,
Continuity of Representation Act, 2 U.S.C. § 8 (2006). https://www.law.cornell.edu/uscode/text/2/8
288. Five constitutional amendments were introduced in the House during the 108th Congress, one
See
received a vote on the floor and was rejected 63-353. For more information, see, Petersen, R. E. (2009,
July 17). Constitutional approaches to continuity of Congressional representation: Background and
issues for Congress (CRS Report No. R40628). https://crsreports.congress.gov/product/pdf/R/R40628
289. See
It should be noted, in the Cold War era (1945-1963) more than 30 constitutional amendments were
proposed to provide for the temporary filling of House vacancies. Three of these proposals passed the
Senate but died in the House. For more information, see, Petersen, R. E. (2009, July 17). Constitutional
approaches to continuity of Congressional representation: Background and issues for Congress (CRS
Report No. R40628). https://crsreports.congress.gov/product/pdf/R/R40628
290. See a full accounting of the hearing, testimony received, and other research provided to the
For
Committee on this topic, see, Congressional continuity: Ensuring the first branch is prepared in times
of crisis: Hearing before the Select Committee on the Modernization of Congress, 117th Cong. (2022).
https://www.govinfo.gov/content/pkg/CHRG-117hhrg47600/pdf/CHRG-117hhrg47600.pdf
291. Seeestablish a joint committee to review House and Senate rules, joint rules, and other matters
To
assuring continuing representation and congressional operations for the American people,
H.Con.Res.190, 108th Cong. (2003). https://www.congress.gov/bill/108th-congress/house-concurrent-
resolution/190
213
10.3 – Pathways to Congressional Service
When the Committee was created at beginning of the 116th Congress,
its investigative mandate included “policies to develop the next generation of
leaders.”292 In order to explore this wide-ranging topic, the Committee chose
to consider various aspects of member service, including the decision to run
for office, strategies for legislative and representational success, and the
decision to retire. By examining these broader aspects of member service, the
Committee hoped to gain a better understanding of the various factors that
contribute to a successful congressional career.
Academic research has shown that candidates who are ideologically
motivated are more likely to decide that running for office is worth the
considerable time, effort, and expense required. By contrast, candidates who
are policy-oriented are more likely to refrain from running after considering
the various “costs” involved. Both candidate types are motivated by
dissatisfaction with the status quo, but the frustration that ideological
candidates express tends to run deeper.293 Their sense of discontent
outweighs their concerns about the hardships of campaigning.
In testimony before the Committee, Yuval Levin expounded on the
growing number of ideologically oriented legislators and said that the House is
attracting new members who “no longer see it as a mold of their character
and behavior but just as a platform for themselves to perform on and raise
their profiles and be seen.”294 The decline in policy-oriented candidates
seeking office is often considered a factor that contributes to an increasingly
polarized Congress.
Potential candidates who come from non-traditional backgrounds face
different challenges. These candidates are often not found in the “normal”
pipelines to public service, i.e., state legislatures and businesses. And for
candidates who have never run for office and have not seen people who they
grew up with and interact with run for office, there can be mental hurdles to
overcome. “Imposter syndrome,” or the belief that one does not belong in a
particular setting (in this case, a political campaign) sometimes contributes to
the decision not to run for office.295 Additionally, non-traditional candidates
often lack contacts in the political and campaign consulting worlds, as well the
connections needed to raise campaign cash.
292. See Title II, Adopting the Rules of the House of Representatives for the One Hundred Sixteenth
Congress, and for other purposes, H.Res.6, 116th Cong. (2019). https://www.congress.gov/bill/116th-
congress/house-resolution/6
293. Thomsen, Danielle M. (2017). Opting out of Congress: Partisan polarization and the decline of
See
moderate candidates. Cambridge University Press. https://doi.org/10.1017/9781316872055
294. Building a more civil and collaborative culture in Congress: Hearing before the Select Committee on
See
the Modernization of Congress, 117th Cong. (2021). https://modernizecongress.house.gov/committee-
activity/hearings/building-a-more-civil-and-collaborative-culture-in-congress
295. Lawless, J. L., & Fox, R. L. (2010). It still takes a candidate: Why women don’t run for office. Cambridge
See
University Press. https://doi.org/10.1017/CBO9780511778797
214
For successful candidates, the barriers to running for Congress are
sometimes then replaced by barriers to serving in Congress. As former
Congressman Gregg Harper (R-LA) testified in a June 8, 2022, hearing on
pathways to congressional service:
“There are many barriers to running and to ultimately serving,
from family to finances. Every member has a different view on
what it will take to serve. Will he or she have enough money, or
will they be able to afford a place to live off of the congressional
salary? What about one’s family? Do you move your family to
Washington, D.C. or leave them in the district? If you move them
to D.C., what do you do with them when you have to travel back
home? What if the children are very young? With inflation, how
do you afford to fly the family back and forth? All of these
questions have to be answered, and the answer may vary
significantly among the Members.”296
Indeed, the personal benefits of winning a seat in Congress have also
decreased.297 As depicted in the chart below, salaries for U.S. House members
have declined over the past couple of decades, when inflation is factored in.298
Members of Congress last received a pay increase in January 2009, when
their salary was increased 2.8% to $174,000.299 While $174,000 is much more
than the median household income, members must also maintain homes in
both their districts and in Washington, D.C, which ranks in the top ten most
expensive U.S. cities for renters.300 And unlike their counterparts in the
executive branch and private sector, members do not receive a per diem or
reimbursement for their out-of-pocket living expenses when they are at work
in Washington.
In testimony before the Committee, former Congressman Gregg Harper
(R-LA) revealed that his decision to retire was based on his realization that if
he stayed in Congress, he would not be able to provide financially for his adult
son who has Fragile X Syndrome. “This is the first time that I’ve said this
publicly, but I knew that if I stayed where I had not received an increase in pay
in 10 years, with no prospects of when that might change, I could not provide
296. Pathways to congressional service: Hearing before the Select Committee on the Modernization of
See
Congress, 117th Cong. (2022). https://modernizecongress.house.gov/pathways-to-
congressional-service
297. Hall, A. B. (2019). Who wants to run? How the devaluing of political office drives polarization. The
See
University of Chicago Press. https://doi.org/10.7208/chicago/9780226609607.001.0001
298. Chart from, Bump, P. (2022, October 7). Why it’s easier to serve in Congress when you’re rich.
See
Washington Post. https://www.washingtonpost.com/politics/2022/10/07/why-its-easier-serve-
congress-when-youre-rich/
299. Brudnick, I. A. (2022, August 8). Salaries of Members of Congress: Recent actions and historical tables
See
(CRS Report No. 97-1011). https://crsreports.congress.gov/product/details?prodcode=97-1011
300. Paris, M. (2022, July 26). These are the most expensive US cities for renters, with some prices up 41%.
See
Bloomberg. https://www.bloomberg.com/news/articles/2022-07-26/these-are-the-most-expensive-
cities-for-renters-led-by-nyc-and-sf
215
for his future.”301 His solution to making service more “equitable” is to change
the Members’ Congressional Handbook so that members have one “duty
station” rather than two. This would allow members to be reimbursed for their
living expenses when they are in Washington.
301. Pathways to congressional service: Hearing before the Select Committee on the Modernization of
See
Congress, 117th Cong. (2022). https://modernizecongress.house.gov/pathways-to-
congressional-service
216
While members are understandably reluctant to raise their own salaries,
there is some evidence to suggest that paying lawmakers better salaries has
the effect of decreasing polarization in legislatures. For example, a study
focused on state legislatures found that when lawmaker salaries are raised,
“there is a corresponding decrease in how polarized the set of people who run
for office is.”302 More candidates are willing to run for office if they see public
service as an economically viable career.
While the decision to retire from Congress is sometimes driven by
financial concerns, there are other common factors departing members cite.
Beginning in the 1970s, members complained that greater fundraising
responsibilities made the job less attractive.303 Indeed, the amount of time that
members must devote to fundraising has proven to be an ongoing source of
frustration.304
Further, since the early 1990s, members have also complained about
having little influence in a centralized chamber. Historically, when majority
control of the chamber is up for grabs, members are more inclined to follow
leadership directives because they understand that it’s important for the party
to maintain a unified front. Margins between the parties have, however,
remained consistently narrow since 1994; as a result, members have ceded
greater control over the agenda to party leaders since the early 1990s and
have yet to reclaim it.305 These dynamics have contributed to an environment
where many members feel they have little say over the policy agenda and in
the drafting of major legislation.
In addition to fundraising demands and institutional changes that have
centralized decision-making, members who retired in the decades between
the 1960s and 1990s pointed to factors like age, facing a close race, having
less seniority (and therefore less influence), and feeling ideologically out of
step with their parties as contributing to their decisions to leave office.306 The
rise in polarization, workplace dysfunction, as well as the overall “mood” of the
electorate may also play a role in the decision to retire.
302. Sides, J. (2019, April 11). Don’t blame our polarized politics on voters. Blame it on who runs for office
See
in the first place. Washington Post. https://www.washingtonpost.com/politics/2019/04/11/dont-
blame-our-polarized-politics-voters-blame-it-who-runs-office-first-place/
303. Cooper, J., & West, W. (1981). Voluntary retirement, incumbency, and the modern House. Political
See
Science Quarterly, 96 (2), 279-300. https://doi.org/10.2307/2150340
304. Reynolds, M. E. (2022, May 12). Why members of Congress choose not to run for re-election. Brookings
See
Institution. https://www.brookings.edu/blog/fixgov/2022/05/12/congressional-retirements/
305. Lee, F. E. (2016). Insecure majorities: Congress and the perpetual campaign. The University of Chicago
See
Press. https://doi.org/10.7208/chicago/9780226409184.001.0001
306. See arguments in favor of raising member pay, including the need to cover two homes, see Kosar, K.
For
(2019, June 18). Why members of Congress should get a raise, whether they deserve it or not. R
Street. https://www.rstreet.org/2019/06/18/why-members-of-congress-should-get-a-raise-whether-
they-deserve-it-or-not
217
While the decisions to run for and retire from Congress are personal,
there are some common challenges and concerns that the Committee
identified. Finding ways to diversify the pool of candidates who run for
Congress and addressing some of the factors that contribute to early
retirements from Congress are topics worthy of close examination by future
reformers.
10.4 – Innovative Approaches to Fixing Congress
The Committee’s Final Report for the 116th Congress included many
reform ideas that the Committee thought worthy of consideration but could
not address because of time and jurisdictional constraints.307 Some of those
ideas were taken up by the Committee in the 117th Congress (Evidence-Based
Policymaking and Continuity of Congress, for example) and others were
discussed in a July 28, 2022, hearing focused on innovative ideas to improve
the way Congress works.308 The Committee’s objective at this hearing was to
highlight a range of ideas and to stimulate discussion about whether these
approaches might improve the way Congress works. The ideas presented at
the hearing are described below.
Extending House Terms from Two Years to Four Years. Proponents of
lengthening House terms argue that a two-year term is too short and that it
leads House members to prioritize fundraising and reelection goals rather than
allowing them time to focus on legislating.309 The two-year cycle also means
that chamber leaders tend to focus on a handful of large measures during the
first year of a Congress and do much less legislating during the second year of
a Congress. In testimony before the Committee, Rep. John Larson (D-CT)
explained the rationale behind legislation he’s introduced to increase House
member terms from two to four years:
307. See “Conclusion” in Select Committee on the Modernization of Congress. (2020). Final Report for the
116th Congress. https://modernizecongress.house.gov/final-report-116th
308. What’s the big idea? Innovative approaches to fixing Congress: Hearing before the Select Committee
See
on the Modernization of Congress, 117th Cong. (2022). https://modernizecongress.house.gov/
committee-activity/hearings/whats-the-big-idea-innovative-approaches-to-fixing-congress
309. Marcos, C. (14, April 16). Should House members serve four-year terms? The Hill. https://thehill.com/
See
blogs/floor-action/house/203660-should-house-members-serve-four-year-terms/
218
“While I don’t expect sympathy, the toll that running for election
immediately upon election takes on a lawmaker is not just
exhaustion and time. Focus, ability to understand the job and be
responsive, to grow a deeper knowledge not just of the issues
that matter to me, my constituents, and my staff but on how the
complex inner workings of Congress can be used to serve the
people who put their trust and faith in us. These are all things that
take time, time that we simply don’t have.”310
-Rep. John Larson (D-CT), July 28, 2022.
Many of the Founding Fathers favored one-year terms for the House
arguing, as noted in Federalist 53, “that where annual elections end, tyranny
begins.” However, James Madison argued in favor of a three-year term saying
that shorter terms produce too much instability.311 Eventually, they agreed to a
two-year term. Extending House terms beyond two years would require a
constitutional amendment. Members would also need to determine whether
member terms would be staggered so that the entire chamber is not up for
reelection at once.
Expanding the Size of the House. The House of Representatives was
originally composed of only 59 members but as the nation grew it continued
to expand and add seats so that the connection between constituents and
representatives could remain close. In the 1790s the average congressional
district had around 35,000 constituents; today, that average is closer to
762,000.
In 1929, Congress capped the size of the House at 435 members.312 If
the House had kept adding seats under James Madison’s original formula,
there would currently be roughly 6,500 seats.313 While proponents of
expanding the size of the House have proposed different formulas for doing
so, the Committee heard testimony from Lee Drutman, co-author of the Our
Common Purpose report on enlarging the House, recommending the addition
of 150 seats to the chamber.314 As Drutman explained:
310. What’s the big idea? Innovative approaches to fixing Congress: Hearing before the Select Committee
See
on the Modernization of Congress, 117th Cong. (2022) (testimony of Rep. John Larson).
https://modernizecongress.house.gov/imo/media/doc/Rep%20Larson%20Testimony-Big%20Ideas
%20Hearing.pdf
311. Pildes, R. H. (2021, July 21). In nearly all other democracies, this is not normal. New York Times.
See
https://www.nytimes.com/2021/07/21/opinion/house-elections-constitution.html
312. History, Art, & Archives, U.S. House of Representatives. (n.d.). The Permanent Apportionment Act of
See
1929. Retrieved November 9, 2022 from https://history.house.gov/Historical-Highlights/1901-1950/
The-Permanent-Apportionment-Act-of-1929
313. Drutman, L., Cohen, J. D., Levin, Y., Ornstein, N. J. (2021). The case for enlarging the House of
See
Representatives: An Our Common Purpose report. American Academy of Arts & Sciences.
https://www.amacad.org/ourcommonpurpose/enlarging-the-house
314. See Section 4, Drutman, L., Cohen, J. D., Levin, Y., Ornstein, N. J. (2021). The case for enlarging the
House of Representatives: An Our Common Purpose report. American Academy of Arts & Sciences.
https://www.amacad.org/ourcommonpurpose/enlarging-the-house/section/4
219
Rep. Larson (D-CT) testifies during a Modernization Committee hearing.
“The larger the district, the more distant constituents are from
their representatives, and vice versa. Distance breeds distrust and
frustration and poor representation. It’s not the way the Framers
intended the House to operate, and it’s just bad for our form of
representative, republican democracy.”315
Simplifying Legislative Procedure. The increasingly complex procedures
used throughout the legislative process sometimes obscures the content of
bills and makes it difficult for the public to hold members accountable.
Legislative procedure has become so dense because, “it is the product of the
aggregation of new rules and precedents year after year.”316 In testimony
before the Committee, Kevin Kosar argued that if Congress were to make
meaningful changes to the legislative process it could have a huge payoff.
315. What’s the big idea? Innovative approaches to fixing Congress: Hearing before the Select Committee
See
on the Modernization of Congress, 117th Cong. (2022) (testimony of Lee Drutman).
https://modernizecongress.house.gov/imo/media/doc/Drutman%20Testimony-Big%20Ideas
%20Hearing.pdf
316. Ibid.
See
220
“Better rules will make for a better Congress and a healthier representative
democracy. And if that is not enough, individual legislators may well find
themselves happier being members of a well-functioning legislature.”317
Investing in Civic Infrastructure. The Commission on the Practice of
Democratic Citizenship identified 31 recommendations to reinvent American
democracy for the 21st century, including one to, “Establish a National Trust
for Civic Infrastructure to scale up social, civic, and democratic
infrastructure.”318 Danielle Allen, chair of the Commission, testified that the
proposed National Trust would, “bring sustained, nationwide investment in
support of the places, programs, and people that encourage all residents of
municipalities and regions to interact, find common ground, and solve
problems together.”319 By strengthening the work communities are doing to
bridge divides and by equipping local leaders to engage and collaborate with
citizens, a healthier political culture can emerge.
Artificial Intelligence (AI) and Machine Learning. Several local, state, and
foreign governments have recently started exploring ways to incorporate
advanced computer software and analysis into the legislative process
including for predictive problem-solving purposes.320 The Committee heard
testimony explaining how these technologies can help government predict
and prevent undesirable activities, test policies and options in real-life
scenarios before adopting them, and find the best solutions by providing a set
of alternatives to accelerate improved decision-making.321
These reform ideas, together with those described in the Committee’s
Final Report for the 116th Congress,322 are by no means an exhaustive list.
Creative ideas to improve the legislative process, constituent representation,
constituent engagement, cross-party collaboration, technology, the elections
process, and more are extensive and beyond the Committee’s current capacity
to adequately address. The Committee encourages future reformers to
approach these ideas, no matter how “out of the box” they may seem, with an
eye toward finding creative solutions to improving the way Congress works for
the American people.
317. Ibid.
See
318. https://www.amacad.org/ourcommonpurpose/report/section/9#_1
See
319. What’s the big idea? Innovative approaches to fixing Congress: Hearing before the Select Committee
See
on the Modernization of Congress, 117th Cong. (2022) (testimony of Danielle Allen).
https://modernizecongress.house.gov/imo/media/doc/Allen%20Testimony-Big%20Ideas
%20Hearing.pdf
320. https://www2.deloitte.com/us/en/insights/industry/public-sector/government-of-the-future-evolution-
See
change.html
321. What’s the big idea? Innovative approaches to fixing Congress: Hearing before the Select Committee
See
on the Modernization of Congress, 117th Cong. (2022) (testimony of Joe Mariani).
https://modernizecongress.house.gov/imo/media/doc/Mariani%20Testimony-Big%20Ideas
%20Hearing.pdf
322. See “Conclusion” in Select Committee on the Modernization of Congress. (2020). Final Report for the
116th Congress. https://modernizecongress.house.gov/final-report-116th
221
10.5 – A Roadmap for Future Reform Efforts
On September 14, 2022, the Committee held its last public hearing to
consider the future of congressional modernization. In addition to showcasing
the Committee’s significant accomplishments and unique approach to
committee operations, the goal was to develop ideas to ensure that Congress
continues to evolve in ways that will make it work better for the American
people.
The Committee’s groundbreaking approach to its work is described in
detail in Chapter One. A willingness to experiment with new ways of working
contributed to the Committee’s overall accomplishments and future reformers
should consider adopting a similar approach. The following operational
innovations were particularly important to the Committee’s success:
⚫ Holding bipartisan Committee member retreats for relationship building
and agenda setting purposes.
⚫ Treating reform as nonpartisan and hiring one, nonpartisan staff and
having one, unified Committee budget.
⚫ Holding hearings in a roundtable setting, with members seated
alternating by party, and with witnesses seated at the table.
⚫ Allowing for extended discussion between members and witnesses in
hearings.
⚫ Passing recommendations on a rolling basis rather than taking up one,
big package of recommendations at the end of the two-year
congressional session.
⚫ Working to ensure that recommendations are implemented.
⚫ Building strong relationships with implementation partners.
⚫ Maintaining consistent outreach to members and staff for reform ideas
and feedback.
⚫ Reassessing the Committee’s agenda in an ongoing way to ensure that
potential modernization opportunities are not missed.
⚫ Practicing what the committee preaches and leading by example.
While each reform committee is obviously different in terms of its
membership, mandate, and work style, the Committee’s innovative approaches
to doing its work set a positive example for future reform committees to
consider.
CONTINUING THE WORK OF IMPLEMENTATION
According to the Congressional Research Service, the Committee “might
very well be the premier example of a reform committee, during its existence,
that works with appropriate House officials responsible for implementing the
222
panel’s recommendations.”323 As of this writing, of the 202 recommendations
the Committee passed, 132 have been implemented or have seen meaningful
action toward implementation, including 43 of which have been fully
implemented, and 89 that have been partially implemented.
The Committee’s successful implementation efforts are due in part to its
close working relationships with partners like the Chief Administrative Officer
(CAO), the Clerk of the House, and the Architect of the Capitol (AOC). These
three officers and their staffs are responsible for implementing the bulk of the
Committee’s recommendations and have worked closely with Committee staff
on the front end to develop recommendations that are more easily
implementable and then on the back end to advance implementation. The
Committee recommends that future reformers establish strong working
relationships with their implementing partners to ensure that the
recommendations they develop make sense and can be put into place.
In order for modernization efforts to continue beyond the Committee’s
January 3, 2023, expiration date, the House’s institutional offices will need to
continue their current efforts to update processes and procedures in an
ongoing way. The CAO and AOC have recently undertaken efforts to survey
members and staff for feedback on various projects and plans, and the
Committee encourages this kind of proactive outreach. Consistently checking
in with members and staff will help the House’s institutional offices improve
and update services in an ongoing way.
The House Digital Service (HDS), which was created by a Committee
recommendation (#95), is another example of an institutional entity that can
help keep modernization at the forefront of House operations. The
establishment of the HDS “offers an opportunity to significantly improve
day-to-day House operations and employee experience with better processes
and technology to modernize the business of House legislation.”324
MAKING MODERNIZATION PERMANENT
When the Select Committee on the Modernization of Congress is
terminated at the end of the 117th Congress, there will be no member-led
entity focused on implementing the Committee’s recommendations. To ensure
that the Committee’s recommendations are fully implemented, the Committee
supports the establishment of a Subcommittee on Modernization within the
Committee on House Administration (CHA).
323. Oleszek, W. (2021, October 15). Memorandum to the Select Committee on the Modernization of
See
Congress [Unpublished memorandum].
324. Santiago, D. (2022, June 17). How the new House Digital Services team can make the House of
See
Representatives a leader in digital transformation. Federal News Network.
https://federalnewsnetwork.com/commentary/2022/06/how-the-new-house-digital-services-team-
can-make-the-house-of-representatives-a-leader-in-digital-transformatio/
223
The Committee recognizes that CHA is best positioned to ensure that its
recommendations are implemented. If recommendations need to be adjusted
as they are implemented, CHA has the jurisdiction and tools to make that
happen.
In addition to establishing a Subcommittee on Modernization, the
Committee suggests that the House, with or without the Senate, authorize a
Modernization Select Committee at least every fourth Congress. Unless reform
efforts are undertaken at more regular intervals, Congress will constantly be
playing catch up, not only with technology, but with contemporary human
resource practices, constituent engagement efforts, and more. This is a
disservice to the American people.
MEASURING THE SUCCESS OF MODERNIZATION
One of the challenges reformers face is “proving” success. This is in part
because the effects of reform are often not experienced right away. It may
take years for a new process or approach to take shape and work as intended.
Measuring the success of reform can also be problematic. For example, the
number of recommendations passed by the Committee can be tallied and
compared to previous committees, but that form of measurement does not
take into account the actual substance and endurance of recommendations.
Some topics lend themselves better to measurement than others. As
Casey Burgat explained in testimony before the Committee:
“Some of the Committee’s recommendations and resulting
progress are quantifiable, and thus, can be studied as such. The
impacts of increasing staff pay, diversity, and internship
accessibility, for example, can be measured and compared with
congresses before the changes. Importantly, this work will be
aided by the Committee’s recommendations involving staff
surveys, collection of demographic data, and modernizing
disbursement records. These data will help researchers measure
changes in important elements like staff tenure and diversity of
congressional staff hires.”325
Some of the Committee’s other recommendations, however, are more
difficult to quantify. Encouraging collaboration and civility, modernizing
technology, and improving constituent engagement, for example, do not come
with clear measures or publicly accessible data. Nonetheless, there are
measures that scholars may wish to explore, including changes in cosponsor
activity over time, attendance at bipartisan events, frequency of bipartisan
325. Congressional modernization: A roadmap for the future: Hearing before the Select Committee on the
See
Modernization, 117th Cong. (2022) (testimony of Casey Burgat).
https://modernizecongress.house.gov/imo/media/doc/Burgat%20Testimony-Future%20of
%20Modernization%20Hearing.pdf
224
oversight activities, and changes in committee hearing formats. Speaking
directly to those involved in reform efforts can also help scholars understand
the thinking and motivations behind the actions that were taken.326
Additionally, the Congressional Research Service (CRS) might consider
studying the Committee’s impact in five or 10 years, and then incorporating
these findings when updating previous reports on congressional reform
efforts.327 This might help establish a CRS precedent for tracking the impact of
future reform committees to ensure Congress learns and incorporates lessons
from the past as it continues to modernize.
None of these challenges to measuring success should deter future
reformers from taking necessary action to improve the way Congress works on
behalf of the American people. Modern institutions evolve to meet the
changing needs of the people and missions they serve. The Committee
focused on ensuring that Congress is equipped to do the same and urges
future reformers to continue this important effort.
10.6 – Recommendations
CONGRESSIONAL CONTINUITY
171. Joint Committee on Continuity: Congress should establish a joint committee
to review House and Senate rules and other matters assuring continuing
representation and congressional operations for the American people.
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).
326. Ibid.
See
327. See example, the following report could be updated to include the impacts of reform committees:
For
Oleszek, W. J. (2021, October 6). Congressional reform: A perspective (CRS Report No. R46933).
https://crsreports.congress.gov/product/pdf/R/R46933
225
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 parties. 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; and the potential
for the majority party changing based on the timing of states completing
special elections under extraordinary circumstances.
PATHWAYS TO CONGRESSIONAL SERVICE
200. Align the Treatment of Member Travel-Related Expenses with the Private
Sector and Federal Agencies: The House should align travel related expense
reimbursement rules for members with standard business travel practices in
the private sector and other parts of the federal government.
This alignment can be accomplished through a change to the Members’
Congressional Handbook (Handbook). In the Handbook, members of Congress
have two duty stations: 1) their congressional district, and 2) Washington, D.C.
The unique “dual duty station” designation for members precludes
reimbursement for out-of-pocket costs incurred to cover official travel-related
expenses while in Washington, D.C., for official business. Amending the
Handbook to address the expenses associated with serving at two duty
stations would align travel policies for members of Congress with
congressional staff, other government officials, and the private sector.
Reasonable reimbursement limits and ethics requirements should apply, and
the reimbursement process should be transparent to the public.
226
MODERNIZATION GOING FORWARD
201. Modernization Subcommittee: The House should provide a home for ongoing
modernization work within the Committee on House Administration.
The Committee on House Administration (CHA) is in the best position to
ensure that the recommendations set forth by the Modernization Committee
are put into practice. If adjustments are needed on the recommendations as
they are implemented, CHA has the necessary jurisdiction and tools to do so.
The subcommittee would be focused on issues within CHA’s jurisdiction while
a separate, periodic reform committee would focus on a broader mandate of
House or Congress-wide issues. In the 102nd Congress (1991-1992), CHA
formed a bipartisan subcommittee, the Subcommittee on Administrative
Oversight, that existed through the 103rd Congress ending in 1994. The Chief
Administrative Officer position, which was created in 1995, took on much of
the Subcommittee on Administrative Oversight’s work.
202. Regular Modernization Select Committees: The House should authorize a
Modernization Select Committee at least every fourth Congress.
Prior to the Select Committee on the Modernization of Congress being
established in 2019, the Joint Committee on the Organization of Congress in
1993 was the last organized reform entity. As the pace of change accelerates,
Congress needs to evaluate itself at more regular intervals. The House, with or
without the Senate, should authorize a Select Committee with a mandate to
evaluate the operations and efficiency of the institution.
227
Staff Acknowledgements
The following individuals from the Select Committee on the Modernization of
Congress contributed to the writing of this report.
Yuri Beckelman, Staff Director
Derek Harley, Republican Staff Director
Marian Currinder, Ph.D., Professional Staff
Michael Massiwer, Professional Staff
Susan Curran, Communications Director
Ananda Bhatia, Legislative Assistant
Nick Hinman, Clerk/Research Associate
J.D. Rackey, Ph.D., Professional Staff
Devin Braun, GAO Detailee
Sarah Cronin, Digital Director and Deputy Communications Director
Betsy Wright Hawkings, Fellow
The following individuals also supported the Committee and its members.
Andrew Wright, Chief of Staff to Chair Kilmer
Heather Painter, Legislative Director to Chair Kilmer
Jolie Libert, Scheduler to Chair Kilmer
Rachel Kelly, Fmr. Chief of Staff to Chair Kilmer
Tory Scordato, Fmr. Scheduler to Chair Kilmer
AT Johnston, Chief of Staff to Vice Chair Timmons
Heather Smith, Communications Director to Vice Chair Timmons
Moutray McLaren, Fmr. Chief of Staff to Vice Chair Timmons
Hilary Ranieri, Fmr. Deputy Chief of Staff to Vice Chair Timmons
Olivia Widenhouse, Fmr. Director of Operations and Scheduling to Vice
Chair Timmons
John Donnelly, Fmr. Chief of Staff to Fmr. Vice Chair Tom Graves
Allie Neill, Fmr. Staff Director to the Select Committee on the
Modernization of Congress
Jake Olson, Fmr. Deputy Staff Director to the Select Committee on the
Modernization of Congress
Keith Stern, Director of Floor Operations to Speaker Pelosi
Jamie Fleet, Democratic Staff Director for the Committee on House
Administration
228
Tim Monahan, Republican Staff Director for the Committee on House
Administration
Aubrey (Neal) Wilson, Republican Director of Oversight and
Modernization Initiatives for the Committee on House Administration
Stacey Leavandosky, Chief of Staff to Rep. Zoe Lofgren
Macarena Tapia, Senior Legislative Assistant to Rep. Ed Perlmutter
Danny Reeves, Legislative Assistant/Special Assistant to Rep. Guy
Reschenthaler
Devin Kelsey, Deputy Legislative Director to Rep. Emanuel Cleaver, II
Rebecca Angelson, Deputy Chief of Staff to Rep. Robert Latta
Paul Hartman, Legislative Assistant to Rep. Robert Latta
Trey Webster, Legislative Counsel to Rep. Dean Phillips
Amanda Kain, Deputy Chief of Staff to Rep. David Joyce
Edie Doman, Legislative Assistant to Rep. David Joyce
Jessica Wysocky, Legislative Assistant to Rep. Nikema Williams
Ryan Dilworth, Legislative Assistant to Rep. Beth Van Duyne
Jacob Beier, Fmr. GAO Detailee to the Committee
229
Appendix I – Implementation Status of
Recommendations from the 116th Congress
As described in Chapter 3, 82% (80 of 97) of the Committee’s
recommendations from the 116th Congress have either been fully implemented
or have seen meaningful action toward implementation. Of these, 32 have
been fully implemented or resolved, while 48 have seen partial progress. The
Committee assigned status categories to each of the recommendations to
reflect their varying degrees of progress toward implementation:
⚫ Closed-Implemented: An entity has taken action pursuant to a
recommendation that addresses the problem that prompted the
recommendation.
⚫ Closed-Resolved: An entity has taken action or provided additional
information independently of the literal recommendation but that still
addresses the problem that prompted the recommendation.
⚫ Open-Partially Implemented: Elements of the recommendation have been
fully implemented, or administrative or legislative actions to implement
the recommendation are at an advanced stage of progress.
⚫ Open-In Progress: Administrative or legislative actions to implement the
recommendation have begun.
⚫ Open-Needs Attention: No meaningful progress towards implementation
of the recommendation has taken place.
⚫ Closed-Unimplemented: The Committee determined that further action to
implement the recommendation is either impossible or highly unlikely
due to technical or logistical barriers.
The status of each of these recommendations, as of November 18, 2022,
is presented below, by relevant topic area. As modernization is an ongoing
process, the tables below also describe next steps or necessary conditions for
full implementation of any open recommendations.
230
Making Congress More Effective, Efficient, and
Transparent
Recommendations to make the legislative process more efficient and
accessible for the American people were among the first recommendations
the Committee passed. Four of the five initial recommendations in this area,
listed below, have seen meaningful progress toward implementation, with one
fully implemented.
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 1: Such an approach Open - The U.S. Legislative Clerk
Streamline the would help members, Partially Markup XML schema is
bill-writing process to staff, and the American Implemented now used for U.S. Code
save time and reduce public have access to provisions, enrolled
mistakes. changes, visualizations, bills, and public laws;
and need to expand this to
analysis of legislative include committee
text. Printing and reports, hearing
publishing processes records, and other
would also be made legislative
more efficient. documents328
Recommendation 2: The main issues of Closed - The Clerk piloted and Clerk
Finalize a new system concern are making Implemented then launched a
that allows the sure that (1) resources House-wide
American people to are available to develop comparative print tool
easily track how and maintain the to display legislative
amendments change application for changes in context,
legislation and the House-wide use, and including how a bill
impact of proposed (2) resources are might change current
legislation to current available to train and law and how two
law. support staff using the versions of a legislative
comparative print proposal are
application. different.329
Recommendation 3: The Clerk of the House Open - In Funding for the Clerk’s Clerk,
Make it easier to know and Secretary of the Progress planned redesign of the Secretary of
who is lobbying Senate need to update lobbying disclosure the Senate
Congress and what the lobbying disclosure system provided in H.R.
they’re lobbying for. system in general 8237; need the Clerk to
and will need to create a unique
generate a identifier that applies to
Congress-wide unique the House and Senate
identifier for lobbyists and be available as
and disclosing that structured data.
identifier to the public
as structured data as
part of the lobbying
disclosure downloads.
328. Status reports filed by the Office of the Clerk can be found on the website of the House Committee on
See
Administration (CHA) at https://cha.house.gov/committee-activity/modernization-reports
329. More information on CHA website at https://cha.house.gov/committee-activity/modernization-reports
See
231
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 4: Centralizing agency and Open - Needs Need for the House to Clerk,
One-click access to a program Attention develop a way to track Committees
list of agencies and reauthorization dates unauthorized federal
programs that have provides members, programs or programs
expired and need staff, and the public that have indefinite
congressional attention. with easy-to-access authorization time
information about the horizons.
status of executive
branch programs and
the committees that are
responsible for
authorizing those
programs.
Recommendation 5: Centralizing committee Open - In The Clerk submitted a Clerk
One-click access to see vote data in one place Progress request for information
how members of enhances transparency from industry,
Congress vote in and ensures ease of academia, and civil
committees. access for the public. service organizations;
need the Clerk, with
committees, to develop
a standard process to
upload committee vote
data as structured data
and to develop a way
for the public to access
that information.
Streamline and Reorganize House Human Resources
The Committee passed a number of recommendations to improve staff
retention. All recommendations in this area saw implementation progress, with
three of the five being fully implemented during the Committee’s tenure.
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 6: The HUB should be a Closed - Pursuant to H. Res. 756, CAO
Create a one-stop shop physical (in a Implemented CAO announced in
Human Resources HUB centralized location August 2021 the
dedicated to member, near Member offices) creation of a House
committee, and and virtual HUB Human Resources Hub.
leadership (MCL) staff. structured as a board
led by a new Deputy HR
Director for
Congressional Staff and
comprised of relevant
support offices.
Recommendation 7: Making the office Closed - The rules package for Leadership
Make permanent the (established at the Implemented the 117th Congress
Office of Diversity and beginning of the 116th made the Office of
Inclusion. Congress) permanent Diversity and Inclusion
will enable Congress to permanent.330
better recruit and retain
a diverse workforce.
330. H.Res.8 - Adopting the Rules of the House of Representatives for the One Hundred Seventeenth
See
Congress, and for other purposes.
232
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 8: The House should align Open - In Pursuant to H.Res. 756, CAO, CHA
Examining and with the rest of the Progress CAO completed a
updating the staff federal government’s suitability review in
payroll system from payroll practices and November 2020;
monthly to support junior staff by statutory authority
semimonthly. implementing a needed for the
semimonthly pay Committee on House
schedule. Administration to
update regulations on
staff pay cadence. Chair
and Vice Chair
introduced H.R. 8827 in
the 117th Congress to
implement this.
Recommendation 9: The current caps (18 Open - In Pursuant to H.Res. 756, CHA,
Raising the cap on the permanent and 4 Progress the House Office of Committee on
number of staff in additional staff per Inspector General Appropriations
member offices. office) have been in completed a review in
place since 1975. December 2021 and
Raising these caps will recommended
give members more increasing the cap;
flexibility in meeting need CHA to examine
their staffing needs. statutory or regulatory
fixes as appropriate.
Recommendation 10: Congress should Closed - The Office of Diversity Office of
Regularly surveying routinely collect this Implemented and Inclusion carried Diversity and
staff on improving pay information and publish out surveys of staff on Inclusion, CAO
and benefits. the results to help these topics in 2019
offices make and 2021.
data-based decisions
and improve staff
retention.
Overhaul the Onboarding Process and Provide
Continuing Education for Members
As the Committee noted in its Final Report for the 116th Congress, many
newly elected members begin their congressional careers overwhelmed by the
constant flow of new information, from learning about the budget and
appropriations process to leasing a district office. Members are required to
make a number of consequential decisions with little-to-no training or
guidance. In response, the Committee passed six recommendations, listed
below, to help newly elected members hit the ground running, ready to work
on behalf of the American people. With changes to New Member Orientation
that took place ahead of the 117th Congress, five of these recommendations
were fully implemented.
233
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 11: Bringing the House in Closed - The Consolidated CAO
Allowing newly elected line with Senate Implemented Appropriations Act,
members to hire and practice by allowing 2021 provided funding
pay one transition staff offices to hire a for the cost of hiring
member. transition staffer would transition staff.
provide a smoother
transition in setting up
new member offices.
Recommendation 12: Newly elected members Closed - Over 20 bi-partisan CHA
Offering New Member shared with the Implemented briefings were provided
Orientation in a Committee their view to members-elect and
nonpartisan way. that separating their aides during New
orientation sessions by Member Orientation for
political party may the 117th Congress, and
inhibit bipartisanship in materials remained
Congress. available on the New
Member Orientation
website.
Recommendation 13: A ‘‘just-in-time’’ Closed - New Member CHA
Making New Member approach allows for Implemented Orientation for the
Orientation more comprehensive training 117th Congress was
comprehensive. over time, rather than a held over two phases.
congressional “On-demand” materials
information overload in remained available on
a members’ first weeks the New Member
in office. Orientation website.
Recommendation 14: New Member Closed - The 117th Congress CHA
Promoting civility Orientation should Implemented New Member
during New Member promote relationship Orientation program
Orientation. building across the aisle included a session on
to enhance civility in decorum and
Congress. bipartisanship
facilitated by Chair
Kilmer and then-Vice
Chair Graves, among
others.
Recommendation 15: Alongside in-person Closed - CAO rolled out its CAO
Creating a learning opportunities, Implemented Member Leadership
Congressional the House intranet Development Program,
Leadership Academy to should provide first as a pilot, in 2022.
offer training for one-click access to
members. seminars on the
legislative process and
procedural matters,
such as how to chair a
hearing, the budget and
appropriations process,
and rules of the House
and committee
procedures, and on
professional
development topics like
managing an office and
developing better
negotiation and
bargaining skills.
234
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 16: Advanced Open - Needs Need to build on Committee on
Making cybersecurity cyber-hygiene training Attention existing training that is Rules
training mandatory for and use of encrypted available to members
members. messaging and and develop a
multi-factor requirement for
authentication should members in House
be basic standards for rules.
both members and
staff. Cybersecurity
training for members
should include training
in cell phone security as
well as guidance for
traveling abroad.
Modernize and Revitalize House Technology
Keeping in mind the unique, decentralized nature of Congress, the
Committee crafted 10 recommendations that seek to better position the
House to develop, procure, test, and modify technologies. While none of these
recommendations were fully implemented by the end of the 117th Congress,
all saw at least some progress toward implementation.
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 17: The new OTA should be Open - GAO’s Science, Leadership,
Reestablishing and renamed the Partially Technology GAO
restructuring an Congressional Implemented Assessment, and
improved Office of Technology and Analytics (STAA)
Technology Innovation Lab and is mission team generates
Assessment. intended to keep the highly valuable
House on the cutting assessments, primers,
edge of technology and and trainings for staff
should be structured in on emerging
a way that maintains technologies, but full
fresh and diverse implementation would
perspectives among its require a policy
staff. decision to create an
office more dedicated
to testing of House
technology.331
331. See
In the 117th Congress, the Committee separately recommended that Congress authorize the Science,
Technology Assessment, and Analytics (STAA) mission team of the Government Accountability Office.
Using the authorization process to clarify and strengthen the support that STAA provides, Congress
could approximate the intent of Recommendation 17 from the 116th Congress.
235
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 18: The House Information Open - In HIR is now offering CAO
Improving IT services in Resources (HIR) office Progress drop-in technology
the House by reforming provides members and services; to fully
House Information staff with in-house implement the
Resources (HIR). technology services, recommendation as
but many member envisioned, need to
offices choose to turn build on existing HIR
to outside vendors for evaluations and
assistance. A establish regular
thorough, outside reporting on plans for
review of HIR an outside review of
operations and services HIR’s marketing,
will innovations, and
help the House develop communications.332
a roadmap for
successfully reforming
HIR.
Recommendation 19: Frequent and regular Open - Substantial progress CAO
Requiring House constituent Partially has been made on
Information Resources engagement activities Implemented digitizing administrative
(HIR) to prioritize can be streamlined by forms and normalizing
certain technological facilitating video calls remote work capability;
improvements. for members and staff, need additional
secure e-signatures, progress with in-house
setting up VPNs, and casework capability.
allowing for digitally
uploaded casework and
requests.
Recommendation 20: HIR should be more Open - In The House has made CHA, CAO
Requiring House inviting to vendors who Progress progress reforming this
Information Resources seek to offer innovative process for cloud-based
(HIR) to reform the technology to the vendors; need to
approval process for House and streamline examine opportunities
outside technology an often bureaucratic to reform the process
vendors. and confusing process for all technology
that causes long, costly vendors.333
delays that may turn
vendors away.
Recommendation 21: Member offices that Open - CAO/HIR has CAO
Requiring House wish to beta test new Partially established an ad hoc
Information Resources technologies should be Implemented beta test program; need
(HIR) to allow member able to easily identify the House Digital
offices to test new and sign up for Service to expand and
technologies. opportunities to do so. formalize this beyond
Member offices should the ad hoc beta testing
also be responsible for that members currently
risk of technology and engage in to consider
not jeopardize the this fully
House enterprise. implemented.334
332. See CAO’s IT modernization report here: https://cha.house.gov/sites/evo-subsites/democrats-
cha.house.gov/files/IT%20Modernization%20Response%20%2810.9.20%29.pdf
333. See CAO’s IT modernization report here: https://cha.house.gov/sites/evo-subsites/democrats-
cha.house.gov/files/IT%20Modernization%20Response%20%2810.9.20%29.pdf
334. See CAO’s IT modernization report here: https://cha.house.gov/sites/evo-subsites/democrats-
cha.house.gov/files/IT%20Modernization%20Response%20%2810.9.20%29.pdf
236
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 22: This point of contact Open - In CAO has indicated that CAO
Creating one point of will either have a role Progress its Customer Advocates
contact for technology similar to the CAO will fill this role; need
services for each Customer Advocates or training to be provided
member office. fall under their and there should be
responsibilities as they improved
serve as points of communications and
contact for member outreach on resources
offices. The proposed available to staff for
HIR Customer technical support
Advocates would be before it can be fully
responsible for all considered “one point
member office of contact.”335
technological needs.
Recommendation 23: Improve the HIR Open - In CAO has added CAO
Creating a customer customer service Progress features to make it
service portal to experience by (1) easier for customers
improve technology requiring the and support staff to
services in the House. Committee on House communicate; need
Administration to continued progress
develop a way for staff with gauging customer
to review the services satisfaction.
they receive from HIR;
(2) requesting a formal
annual survey to
measure staff
satisfaction with HIR in
order to increase HIR
accountability and to
hold HIR to a
high-quality baseline;
(3) requesting a formal
annual survey geared
toward district-level
staff and
district-specific
technology concerns;
and, (4) requesting a
survey of what
technologies members
and staff would like to
use but that HIR has not
or will not approve.
Recommendation 24: The CAO could Open - CAO has undertaken CAO, CHA
Leveraging bulk purchase technology Partially bulk purchasing,
purchasing of the equipment in bulk at Implemented beginning with
House by removing a greatly reduced cost. incoming members; full
technology costs out of Removing these basic implementation as
member offices’ office operating envisioned would
budgets and moving expenses out of the require the House to
into a centralized MRA saves taxpayer make a policy decision,
account. dollars by eliminating and perhaps adopt a
one-time purchases and statutory change, to
reducing overall House create an account
spending on separate from the MRA
technology. for office technology.
335. See “Staff Technology Point of Contact” section in H. Rept. 117-389 https://www.congress.gov/117/
crpt/hrpt389/CRPT-117hrpt389.pdf
237
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 25: The intent is to allow Open - CRS has increased its CRS
Prioritizing a “rapid members to quickly and Partially publication of
response” program at easily provide quality, Implemented short-form products;
the Congressional nonpartisan and factual need to assess staff
Research Service (CRS) information to satisfaction to
for nonpartisan fact constituents. This may determine if the new
sheets on key issues. also aid in elevating and product lines meet the
improving debate in the need.
House.
Recommendation 26: This will serve as an Open - In The Congressional Staff CHA, CAO
Developing a organized portal for Progress Academy and CAO
constituent HIR, outside vendors, Coach continue to
engagement and and member offices to expand their offerings
services best practices showcase opportunities in this area; need to
HUB for members. and how-to guides for assess feasibility of
the full range of creating a portal for
methods for conducting offices and outside
constituent outreach, vendors to provide
from digital materials in this area
communications to online.
in-person events.
Make the House Accessible to All Americans
The Committee’s work to improve accessibility to the Capitol complex
and legislative activities began in the 116th Congress and continued in the
117th Congress, with additional recommendations to improve the way
individuals with disabilities interact with Congress. As described below, two of
the Committee’s recommendations related to virtual accessibility have been
fully implemented, while a third related to identifying physical accessibility
challenges throughout the Capitol complex has been partially implemented.
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 27: Many congressional Closed - Pursuant to H.Res. 756, CAO
Improving access to websites are not Implemented CAO reported on
congressional websites accessible to persons accessibility compliance
for individuals with with disabilities, which figures and remediation
disabilities. limits access to all the steps taken across all
information available on House websites.
member websites,
including job and
internship applications.
Recommendation 28: Persons with disabilities Closed - Nearly all committees CAO
Requiring all often must alert Implemented provide some form of
broadcasts of House someone at least four closed captioning for
proceedings to provide days in advance of a official proceedings,
closed caption service. hearing or markup in and the Clerk provides
order to attend. The closed captioning for all
burden of accessibility floor proceedings.
should not be placed on
the individual.
Automatically providing
closed caption hearing
and captions for web
videos should be the
default.
238
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 29: A comprehensive Open - The Architect of the CAO, Architect
Requiring a review of review is a first step Partially Capitol has reported on of the Capitol
the Capitol complex to toward determining Implemented present accessibility
determine accessibility areas that are not barriers, pursuant to the
challenges for currently accessible in Congressional
individuals with order to develop a plan Accountability Act;
disabilities. for making accessibility need to include more
modifications. forward-looking input
from the Architect of
the Capitol on
accessibility barriers
and the costs of
removing them.
Encouraging Civility and Bipartisanship in Congress
In addition to the Committee leading by example through its bipartisan
structure, operations, and hearing formats, the Committee also passed an
initial set of four recommendations to encourage civility and productivity, two
of which have been closed and two of which have seen initial progress toward
full implementation.
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 30: There are few private Open - In Implementing text Architect of
Create a bipartisan spaces where members Progress included in H.Res. 1331; the Capitol,
members-only space in can interact in a need to identify space CHA
the Capitol to bipartisan way. in the Capitol with close
encourage more proximity to the House
collaboration across Floor that can be
party lines. optimized for the
purpose of members
gathering and
collaborating in private
and across party lines.
Recommendation 31: House Rules will be Open - Funding for a retreat Committee on
Institute biennial amended to require the Partially was included in the Rules,
bipartisan retreats for House to hold biennial Implemented fiscal year 2022 Leadership
members and their retreats for all Members appropriations cycle;
families at the start of at the beginning of need CAO and CHA to
each Congress. each new Congress. The use appropriated funds
retreats will be to organize a bipartisan
designed for members retreat.
and their families to
spend a few days
offsite, at a location
within driving distance
from Washington, D.C.
239
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 32: Committee rules and Closed - Members are allowed to Committees
Update committee policies should allow Resolved do this under existing
policies to increase appropriate personal Handbook rules so long
bipartisan learning office staff to as a documented
opportunities for staff. participate in justification is provided.
committee organized
congressional
delegation (CODEL)
trips, should that travel
be directly relevant to
their professional
responsibilities.
Recommendation 33: Members have Closed - The Committee, along Committees
Establish bipartisan expressed concern that Implemented with the Select
committee staff committee work has Committee on
briefings and become too partisan. Economic Disparity and
agenda-setting retreats Fairness in Growth,
to encourage better have held bipartisan
policy making and retreats, and the
collaboration among Committee has
members. engaged other
committees interested
in doing so.
Streamlining Processes and Saving Taxpayer Dollars
While back-office operations like identifying which constituent services
platform to use, which technology applications the staff will need, paying bills,
performing or contracting Information Technology (IT) services and support,
and managing the office budget do not grab headlines, they are incredibly
important and often require significant staff resources to optimize. The
Committee passed five recommendations with the goal of saving taxpayer
dollars and reducing costs through greater efficiency, without sacrificing
constituent services. Three of these recommendations have either been closed
or have seen meaningful progress toward implementation, while another two
will require additional attention going forward.
240
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 34: Members who wish to Open - Adding cosponsorship Clerk,
Update House remove their names Partially electronically was made Committee on
procedures to allow from legislation that Implemented permanent through Rules
members to they were erroneously establishment of the
electronically add or added to as cosponsors ‘e-Hopper’; need to
remove their name as a are currently required amend House Rules and
bill cosponsor. to go to the House floor build functionality into
and make a statement the e-Hopper to permit
to have their names members to
removed. electronically remove
their cosponsorship
from legislation. If the
member was added in
error, should consider
ensuring there is no
‘(withdrawn)’
designation on
Congress.gov.
Recommendation 35: Members are not Open - Needs Need a change in Committee on
Require members to required to undergo Attention House Rules to institute Rules
undergo emergency emergency a new requirement.
preparedness training preparedness training
to ensure our which presents serious
government is fully safety and security
prepared in the event of concerns.
a crisis.
Recommendation 36: A decentralized Open - Needs Need bicameral CAO, Senate
Identify ways the House purchasing system Attention progress in addressing Sergeant at
and Senate can leads to higher prices this issue. Arms
streamline purchases for many goods and
and save taxpayer services that both the
dollars. House and the Senate
use.
Recommendation 37: Fragmented and Open - In Report language CAO
Encourage House-wide duplicative contracts Progress provided in H.R. 8237;
bulk purchasing of can cause inefficiencies need to assess the
goods and services to and unnecessary costs potential to expand
cut back on waste and for offices. bulk technology and
inefficiency. equipment purchases.
Recommendation 38: Reducing staff outlays Closed - Existing travel CHA
Update travel for travel expenditures Resolved expenditure policies
expenditure policies to may have benefits for allow for more modern
improve efficiencies, more junior staff who travel transactions as
and boost may find it more part of the House Travel
accountability and difficult to float travel Card Program.
transparency. expenses from personal
resources. The House
Travel Card Program
should also be
modernized to
accommodate more
current forms of travel,
such as rideshare
services.
Increasing the Quality of Constituent Communication
The Committee, along with the leadership of the House Franking
Commission (now known as the House Communications Standards
Commission), recognized the need for reforms to make constituent
241
communication more modern, efficient, and transparent. Five of the seven
recommendations made during the 116th Congress have been fully
implemented and have helped members better connect with their
constituents.
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 39: The U.S. Code, the Closed - A revised, consolidated CHA
Consolidate the Franking Manual, and Implemented Communications
regulations governing the Members’ Standards Manual was
member office Congressional created in 2020.
communications, Handbook will be
including digital updated as necessary
communications, into to consolidate all
one easy to find place. member
communications under
the jurisdiction of the
House Commission on
Mailing Standards to
improve the way
Congress
communicates with the
American people.
Recommendation 40: Update U.S. Code, the Closed - The Consolidated CHA
Rename the House Franking Manual, and Implemented Appropriations Act,
Commission on Mailing the Members’ 2021 adopted the name
Standards, also known Congressional change for the
as the Franking Handbook as necessary Communications
Commission, the House to reflect the Franking Standards Commission,
Communications Commission’s new and the new branding
Standards Commission name. has been incorporated
to reflect 21st Century into documents like the
communications. Communications
Standards Manual.
Recommendation 41: Rules need to reflect Closed - The updated CHA
Increase opportunities changes allowing Implemented Communications
for constituents to constituents to Standards Manual
communicate with their subscribe to all forms of allows constituents to
representatives. communications with subscribe to all forms of
their members. member
communications
provided that members
notify individuals who
subscribe of, among
other things, the
method of
unsubscribing.
Recommendation 42: The Communications Open - In A web portal is now CHA,
Increase accountability Standards Commission Progress available for district Committee on
and tracking for all should work with the staff to use when Oversight and
member-sponsored U.S. Postal Service to self-reporting; need to Reform
communications mail. develop modern continue to work with
solutions to eliminate the U.S. Postal Service
the need for on ways to eliminate
self-reporting of district the need for district
office mail. self-reporting.
242
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 43: Rules should reflect Closed - The Communications CHA
Allow for faster revised requirements Implemented Standards Commission
correspondence for when members took several steps to
between need an advisory improve dissemination
representatives and opinion from the of digital
their constituents. Communications advertisements and
Standards Commission. disclosure of mass
unsolicited emails.
Recommendation 44: The Communications Open - In The Communications CHA,
Update House social Standards Commission Progress Standards Commission Committee on
media rules to allow for will work with the indicates that it is Ethics
better communication House Committee on reevaluating its social
online between Ethics to determine media policies; need
members of Congress guidelines for allowing coordination with the
and their followers. members to conduct a Committee on Ethics to
one-time transfer of update guidelines to
followers from allow a one-time
campaign to official transfer of social media
social media accounts followers.
and develop clear
procedures for how
these accounts can be
used.
Recommendation 45: Update the Closed - The Communications CHA
Allow the public to Communications Implemented Standards Commission
better access and view Standards Manual as now provides approved
the types of necessary to require communications and
communication sent by that advisory opinions mass emails online.
members of Congress are made available
to their constituents. online in an easily
accessible public
database.
Continuity of Operations
The unprecedented circumstances of the COVID-19 pandemic provided
an opportunity to act on a series of recommendations the Committee passed
to better position House offices to operate more nimbly during normal and
adverse conditions alike. The Committee saw progress on all 12 of these
recommendations during the 117th Congress, including six that were fully
implemented.
243
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 46: Office COOPs should Open - The House Sergeant at House
Each office should have include detailed Partially Arms created a COOP Sergeant at
a continuity of emergency Implemented Plan Development Arms
operations plan communication plans Guide for the 117th
(COOP), including for office staff that Congress; need to
minimum safety explain how staff will improve member office
requirements and an communicate, phone use of tools like this.
emergency forwarding plans, email
communications plan, management, and video
that is made available conferencing systems.
to all staff so offices For new members,
continue functioning for these plans should be
the public. developed during
orientation; for current
members, these plans
should be developed at
the beginning of the
next congressional
session.
Recommendation 47: Telework technology in Open - In The CAO uses bulk CAO
Ensure that staff have district offices should Progress purchasing of
the most up-to-date include tools necessary technology for
technology and for continued incoming members;
equipment to continue communication with need to incorporate
effectively working on constituents, including COOP plans and
behalf of constituents phones and scanners. contingencies as part of
in the event of a expanding this.
disruption or
emergency.
Recommendation 48: An Office of Closed - Not Existing support offices CAO
Establish regular Technology Assessment Implemented are not equipped for
maintenance plans for (OTA), in consultation this day-to-day role,
office technology, so with the HR HUB and and with the Office of
the equipment and the Sergeant at Arms’ Technology Assessment
technology needed Emergency not under consideration
during remote Management Division during the Committee’s
operations and where appropriate, tenure, this
telework is functional. should assist Members recommendation was
with the maintenance of closed as not
their office technology implemented.
systems.
Recommendation 49: Offices should prepare Closed - The Communications CHA
Crisis communications plans for Implemented Standards Commission
guidelines for communicating with took several steps to
constituent constituents during improve dissemination
communication, extended telework of mass notices and
including outreach periods. Plans for expedite certain
plans for extended communicating should communications
telework periods, include use of without the need for
should be approved letterhead, phones, Commission approval.
and shared with all phone applications and
member offices. social media.
244
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 50: In addition to providing Open - In Progress has been CAO
To help streamline digital forms and Progress made with accepting
casework requests and templates for district e-signatures for certain
help constituents better casework, the House House documents; need
access federal agencies should implement a a document
and resources, the comprehensive secure management system
House should document management that would work
implement a secure system for sharing effectively with staff
document management sensitive information, personnel records and
system, and provide such as payroll, the Correspondence
digital forms and constituent casework, Management System
templates for public and staff onboarding. for constituent
access. Such a system will communications.
prevent personal
information from being
shared via email.
Recommendation 51: In order to save Closed - The House purchased CAO
The House should taxpayer dollars, the Implemented and provided enterprise
prioritize the approval House should consider licenses to tools such as
of platforms that staff bulk purchases of Microsoft Teams,
need for effective software licenses. HIR WebEx, Zoom, and
telework, and each and the Office of Office 365 during the
individual staff member Technology Assessment COVID-19 pandemic.
should have licensed should also evaluate
access to the approved hardware updates to
technology. facilitate software
improvements; this
could take the form of
an ‘‘approved hardware
catalogue’’ that advises
offices on which
machines to buy.
Recommendation 52: Committees should Closed - Not The Committee elected Committees
Committees should establish bipartisan Implemented not to pursue advocacy
establish telework telework policies that for this
policies on a bipartisan detail how information recommendation with
basis. will be recorded, stored, other committees as
and shared part of its outreach.
electronically with the
public. Committees
should be given
flexibility to customize
bipartisan plans that
work for their members.
Recommendation 53: While committees Closed - A provision for Clerk,
The House should make would not be required Implemented electronic committee Committee on
permanent the option to submit reports report submission was Rules
to electronically submit electronically, all included in the rules
committee reports. committees should package for the 117th
have the option to do Congress.
so, regardless of
whether the committee
is teleworking or
working in person.
245
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 54: This technology should Open - The rules package for CAO, Clerk
Expand the use of be expanded to allow Partially the 117th Congress
digital signatures for a digital signatures on a Implemented incorporated greater
majority of House greater variety of use of digital signatures
business, including documents, including in response to the
constituent (but not limited to) COVID-19 health
communications. signatures on official emergency; need to
letters to administrative continue and expand
officials, document this permanently, where
requests, and appropriate and
constituent feasible, as described in
communications. H.Res. 1331.
Recommendation 55: Committee technology Open - Some committees have Committees
Committees should plans could include the Partially made use of tablets and
develop bipartisan use of tablets for Implemented electronic voting; need
plans on how markups, in-person continued and
technology and electronic voting expanded progress
innovative platforms systems, and upgrades across committees.
can be best that allow members to
incorporated into daily plug in their own
work. devices at the dais.
Recommendation 56: A When making Closed - The Committee House, Senate
bipartisan, bicameral recommendations, the Resolved combined Leadership
task force should task force should implementation of this
identify lessons learned consider how other recommendation with
during the COVID-19 legislatures (such as that of
pandemic and state legislatures and recommendation 171
recommend continuity foreign governments) from the 117th
of Congress responded to the Congress and closed
improvements. COVID–19 pandemic this recommendation.
and extended telework
periods.
Recommendation 57: New Members need to Open - Optional training CHA
Continuity, telework be prepared to operate Partially currently made
and cybersecurity in an extended telework Implemented available at New
training should be given environment. As part of Member Orientation;
to all new members of this preparation, they need this to become
Congress. need the cybersecurity part of the core
training previously curriculum for full
recommended by the implementation.
Select Committee,
focused on risk
awareness when
teleworking.
Improving the Congressional Schedule and Calendar
The Committee has prioritized adding elements of rationality,
predictability, and visibility to the congressional calendar so that members and
committees can work as efficiently as possible during their time in
Washington, D.C. Initial funding for bipartisan retreats and the advent of
committee work weeks helped advance implementation of the Committee’s
initial recommendations in this area, but as shown below, much additional
work remains.
246
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 58: The Committee found Open - Needs Need congressional Leadership,
Establish a blocked that since the 110th Attention schedule that protects Committees
schedule when Congress, members sit committee work, and
committees may meet on an average of 5.4 committee buy-in and
and extend formal committees and support for future block
protections for subcommittees. Efforts schedule system
committee. to deconflict committee
meetings, to the extent
possible, would allow
members to spend
more substantial time
on committee business
and would hopefully
reduce the need for
certain committees to
be prioritized over
others.
Recommendation 59: An internal portal that Open - In The Clerk has fielded a Clerk, CAO
Create a common tracks member Progress request for information
committee calendar obligations based on and has coordinated
portal to help with their committee with CAO on feasibility;
scheduling and reduce assignments would help need to develop a
conflicts. committees schedule workable, acceptable
their meetings when tool that provides
most of their members improved visibility into
are available. committee schedules,
as described in H.Res.
1331.
Recommendation 60: To allow members to Open - The House dedicated Leadership
Establish specific days – take deeper dives into Partially entire weeks to
or weeks – where their committee work, Implemented committee work in the
committee work takes committee-activity-only 116th and 117th
priority. weeks or days could be Congress while under
established, building on the COVID-19 health
the precedent laid out emergency; need to
during the COVID–19 assess support for
public health continuing committee
emergency. work weeks.
Recommendation 61: By rearranging the Open - Committee work weeks Leadership
Ensure there are more intensity, duration, and Partially during the 116th and
days spent working frequency of D.C. work, Implemented 117th Congresses
than traveling. the number of travel temporarily satisfied
days can be reduced, this; need to assess
allowing either more member support for
time legislating or more increasing or
time in the district. lengthening blocks of
time spent in session to
reduce travel time.
Recommendation 62: Making room in the Open - Funding for the retreat Leadership
The congressional congressional calendar Partially was provided in the
calendar should for a bipartisan retreat Implemented Fiscal Year 2022
accommodate a will improve the appropriations cycle;
bipartisan member institution’s ability to need to work with
retreat. advance an agenda for Leadership on
the American people scheduling.
and improve civility.
247
Boost Congressional Capacity
Common-sense investments in recruiting and retaining talented staff can
better position Congress to function and exercise its Article I prerogatives. A
healthy institution is one that cultivates staff expertise. To this end, the
Committee made 12 recommendations geared toward increasing
congressional capacity, with four seeing full implementation by the end of the
117th Congress and another six seeing progress toward implementation.
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 63: Certifications help staff Open - CAO indicates that staff CAO
Offer staff become more Partially certifications will be
certifications, in marketable for Implemented part of its roadmap as it
additions to trainings, promotion or continues to build out
through the alternative employment. the Congressional Staff
nonpartisan These programs also Academy; need to
Congressional Staff help offices save time assess options for
Academy. by training staffers and establishing course
create a standardized, tracks by staff position.
base-level
understanding of staff
roles across the House.
Recommendation 64: Standardized training Closed - The Congressional Staff CAO
Provide provides staff with skill Implemented Academy began
institution-wide, sets that are offering all-day,
standard onboarding transferable across comprehensive
training for new offices, which helps onboarding training to
employees, including improve staff retention. all new staff in February
required training. 2022.
Recommendation 65: Funding could be Open - Needs Need a policy change, CHA,
Remove constituent provided through the Attention and perhaps a statutory Committee on
communications costs Chief Administrative solution, to create a Appropriations
from member office Officer with each office separate account for
budgets and create a having a specific constituent
shared account for allotment available to communications costs
communications. them. Offices are not
required to use these
funds and could still use
the MRA for all mass
communication costs.
Recommendation 66: The MRA currently is Open - In Funding for the MRA Leadership,
Revaluate the funding calculated through Progress was increased per the CHA
formula and increase several factors that Legislative Branch
the funds allocated to require updating. For Appropriations Bill,
each member office. instance, travel costs 2022; CHA would need
are calculated based on to update the
distance from D.C. underlying formula.
rather than actual cost
to travel.
Recommendation 67: An established, Closed - The House’s HR Hub CAO
Establish a nonbinding, nonbinding pay band Implemented includes job profiles
voluntary pay band system will encourage with salary ranges for
system for House staff staff to stay on Capitol staff to consult.
that includes a salary Hill for longer because
floor and average salary they will have greater
for each position in clarity regarding what
Member offices. they can expect to be
Regular services should paid.
be done to ensure the
most up-to-date salary
information.
248
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 68: This recommendation Open - Needs Need a statutory Leadership
Expand access to would bring D.C. based Attention revision to the
health insurance for staff into alignment Affordable Care Act.
congressional staff. with committee staff
and the executive
branch when it comes
to health provider
choices.
Recommendation 69: The Committee Closed - The Consolidated Leadership
Provide more financial recommends that Implemented Appropriations Act of
stability for Congress extend the 2021 extended this
congressional staff provision in the CARES provision through 2025.
enrolled in the federal Act that allowed
student loan program. student loan borrowers
to avoid taxes on the
benefits they receive.
Recommendation 70: Members should delink Closed - The Speaker announced Leadership
Staff pay should be their own salaries from Implemented a policy in August 2021
delinked from member those of their staff, so that delinked staff and
pay and a new cap they can reward and member pay and
specific to staff should retain their most senior established a new
be established. employees. annual cap.
Recommendation 71: This recommendation Open - Interns participating in CHA
Allow Congressional ensures that staff who Partially the House Paid
Member Organizations work for (Eligible Implemented Internship Program are
to access benefits and Congressional Member now eligible to be
hire one intern to help Organizations placed in ECMOs; need
support their work. (ECMOs)) can access to assess the potential
the same staff benefits and whether support
as staff who work in exists for ECMOs to
personal offices. It also directly hire and offer
allows ECMOs to additional benefits to
participate in the interns.
House’s paid internship
program, granting them
one paid intern at a
time.
Recommendation 72: ECMOs have increased Open - In CHA has a list of CHA
Publish a list of active in number and Progress congressional member
Congressional Member influence, yet there is organizations; need
Organizations annually no publicly available list CHA to update its
to ensure transparency of these organizations. current reporting in this
in the policy making This lack of area to include a
and caucus creation transparency prevents separate list of ECMOs.
process. the public from
accessing basic
information about these
organizations and their
legislative objectives.
Recommendation 93: The private sector has Open - In The Architect of the Architect of
Identify areas in the responded to numerous Progress Capitol laid out future the Capitol
U.S. Capitol Complex studies that principles in its Vision
that could benefit from demonstrate the office 2100 plan; need to
architectural environment’s impact assess progress made
modernization. on employee health and identifying specific
wellbeing, but Congress projects.
has not evolved in the
same way.
249
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 94: Allowing the General Open - In Committee staff have GSA, CHA
Develop a practice of Services Administration Progress held discussions with
negotiating House (GSA) to handle the GSA; need CHA to
district office leases to responsibility of develop a system, if
lower costs, improve negotiating the lease feasible, for managing
consistency of rental for individual member’s this process separately
rates and save taxpayer district offices would from individual offices
dollars. save time and money. using their MRAs
This change would
result also in more time
for members and staff
to work on constituent
services and could
create additional
funding within the MRA
that could be used to
compensate staff.
Reclaim Article I Responsibilities
During the 116th Congress, the Committee also sought to identify ways
Congress could strengthen its Article I capacities through innovations to
committee operations, improvements to its deliberative functions, and
refinements to its legal and institutional standing. While three of the 13
recommendations below were fully implemented as of this writing, many will
require ongoing advocacy with committees and leadership to encourage
wider adoption.
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 73: Chairs and Ranking Open - In Piloted by the Committees
Incentivize committees Members could Progress Committee but would
to experiment with encourage use of these need broader adoption
alternative hearing alternative formats by by committees for full
formats to encourage agreeing to incorporate implementation.
more bipartisan them into committee
participation. rules.
Recommendation 74: Joint hires of Open - In Piloted by the Committees
Committees should hire administrative staff who Progress Committee but would
bipartisan staff handle committee tasks need broader adoption
approved by both the such as setting up by committees for full
Chair and Ranking hearing rooms, handling implementation
Member to promote reports, and archiving
strong institutional materials encourage
knowledge, bipartisanship and save
evidence-based policy money by reducing
making, and a less staff overlap.
partisan oversight Additionally, joint hires
agenda. can ensure bipartisan
oversight and a focus
on effective policy.
250
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 75: Members and staff from Open - In Piloted by the Committees
Committees should both parties should Progress Committee but would
hold bipartisan meet to set hearing need broader adoption
pre-hearing committee goals in order to defuse by committees for full
meetings. partisanship before it implementation
begins and reduce the
tendency to engage in
surprise tactics.
Prehearing meetings
also allow Members to
better plan and
coordinate their witness
questions, resulting in a
more productive and
substantive hearing.
Recommendation 76: To build support for Open - In Committee staff have Committees
Encourage process and procedural Progress held discussions with
subcommittees to pilot overhauls at the full staff leadership of other
rules changes that committee level, some committees; need
could have a positive subcommittees should committees to continue
effect committee-wide. be encouraged to to find opportunities for
experiment and adopt subcommittee
rule changes as test innovation.
cases.
Recommendation 77: Committee Members Open - In Piloted by the Committees
Bipartisan Member should agree to a set of Progress Committee but would
retreats should common principles and need broader adoption
encourage committee operational guidelines. by committees for full
agenda-setting and civil Creating a more implementation
decorum. respectful tone is
essential if Members are
to build trust and work
collaboratively.
Recommendation 78: Domestic CODELs Open - Needs Piloted by the Committees
Establish would allow Members Attention Committee but would
committee-based to have substantive, need broader adoption
domestic policy off-camera by committees for full
CODELs. conversations about implementation
their policy areas, while
getting to know each
other on a bipartisan
basis.
Recommendation 79: The debates should Open - Needs Need to coordinate Leadership
To encourage begin on topics that cut Attention with Leadership on a
thoughtful debate and across party lines to special order to pilot
deliberation, establish a demonstrate bipartisan this
pilot for weekly consensus on certain
Oxford-style debates issues.
on the House floor.
Recommendation 80: During new session Open - CHA issued regulations CAO, CHA
Provide members and orientations, members Partially allowing for
staff with training for should attend training Implemented reimbursement of staff
debate and deliberation on overall legislative training and
skills. debate, principles and certification expenses;
strategies, as well as need to see additional
workshops on how to evidence of training
process and understand offerings in the area of
opposing policy views. debate and
deliberation.
251
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 81: Such resources would Closed - GAO accepted a GAO
Identify how increased serve as a counterpart Implemented request to investigate
regulatory and legal to similar offices in the considerations related
resources could help executive and judicial to this topic in
strengthen the role of branches and would be December 2021.
the legislative branch. responsible for issuing
legal opinions that
support Congress and
answer Department of
Justice opinions that
conflict with
congressional intent.
Recommendation 82: Congress should enact Open - Implementing House
Facilitate a true system bipartisan legislation Partially provisions have passed Committee on
of checks and balances establishing that Implemented the House as part of the the Judiciary
by ensuring the Congress has judicial Congressional
legislative branch is standing to bring Subpoena Compliance
sufficiently represented inter-branch conflicts to and Enforcement Act of
in the courts. the courts, and that 2017 and the Protect
expedited procedures Our Democracy Act;
are necessary. need bicameral
support.
Recommendation 83: By visiting each other’s Closed - Existing Members’ CHA
Establish a district districts, Members are Resolved Congressional
exchange program to more likely to find Handbook rules allow
allow members to use common issues to work for this with
the Members' on together and gain an documented
Representational appreciation for the justification.
Allowance for traveling issues that their
to other members’ colleagues from
districts. different districts
confront.
Recommendation 84: Congress has seen a Open - Legislative branch bills Leadership,
Increase capacity for major reduction in Partially in 2022 and 2023 invest GAO
policy staff, especially committee staffing Implemented in capacity of policy
for Committees, policy levels over the past staff especially for
support organizations several decades. The committees and
and a restored Office of number of policy support offices; need to
Technology experts who work at examine the potential
Assessment. legislative support for GAO to assume
agencies has also been responsibilities of an
cut dramatically. Office of Technology
Because the departure Assessment.
of these specialists
leaves Members more
dependent on outside
experts, Committee
Members agreed that
increasing policy staff
capacity is essential.
252
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 85: The Closed - Beginning with the House
Reduce dysfunction in Community-Focused Implemented Fiscal Year 2022 Committee on
the annual budgeting Grant Program (CFGP) appropriations cycle, Appropriations
process through the is a competitive grant the Committee on
establishment of a program intended to Appropriations
congressionally allow Congress to reintroduced earmarks
directed program that harness its unique through the CFGP,
calls for transparency constitutional authority which included strict
and accountability, and to appropriate federal transparency
that supports dollars through a requirements per the
meaningful and congressional Committee’s
transformative competitive award recommendation.
investments in local process, with an
communities across the emphasis on supporting
United States. projects that have the
broad support of local
communities across the
United States.
Reform the Budget and Appropriations Process
The Committee’s recommendations in this area were formed in close
consultation with former Members of the Joint Select Committee on Budget
and Appropriations Process Reform (JCBA) and build off the JCBA’s
bicameral, bipartisan package in the 115th Congress to significantly reform
the congressional budget process. These recommendations will all require
statutory changes to existing budget law to achieve full implementation.
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 86: For Congress to Open - H. Con. Res. 44 (passed House
Require an annual appropriately fund the Partially during the 117th Committee on
Fiscal State of the government, all parties Implemented Congress) provides for the Budget
Nation. need to be working this; need bicameral
with the same set of support.
facts. Issues like the
national debt, federal
budget requests, and
deadlines should be
understood and agreed
upon by all negotiators.
Recommendation 87: By setting 302(a) Open - Needs Need statutory House
Require a biennial discretionary spending Attention revisions to the Committee on
budget resolution. levels at the start of Congressional Budget the Budget
each Congress, Act.
appropriations will be
more efficient and able
to plan ahead, avoiding
unnecessary delays.
253
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 88: Congress has Open - Needs Need statutory House
Implement a deadline continually failed to Attention revisions to the Committee on
for Congress to adopt a budget Congressional Budget the Budget
complete action on a resolution by the Act.
biennial budget. statutorily required
April 15 deadline.
Because the current
deadline does not
reflect a realistic
timeline, the Committee
recommends setting a
realistic and achievable
deadline of May 1 for
the first year of the
biennium, which would
give Congress an
opportunity to
complete its work on
time.
Recommendation 89: To create additional Open - Needs Need statutory House
Enhance the budget time for developing the Attention revisions to the Committee on
submission process Congressional Budget Congressional Budget the Budget
from the executive Office baseline, and Act.
branch. therefore, the budget
resolution and various
appropriations bills, the
executive branch should
be required to provide a
supplemental budget
submission that is
separate from the
President’s policy
proposals no later than
December 1 of each
calendar year.
Recommendation 90: The Budget and Open - Needs Need a biennial budget House
Evaluate the effects of Appropriations Attention requirement through Committee on
the biennial budget Committees should statutory revisions to the Budget
process to expediting review their schedules the Congressional
congressional work. and procedures to Budget Act.
determine the best
ways of using the new
biennial budget
resolution to expedite
congressional work on
appropriations and
other budgetary
legislation.
Recommendation 91: Congress could Open - Needs Need a statutory House
Strengthen budget consider requiring an Attention revision to the Committee on
enforcement through explanation in the Congressional Budget the Budget
the reconciliation budget resolution Act.
process. committee report and
conference agreement
as to why assumed
changes in direct
spending or revenue
have not been
reconciled.
254
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 92: The Committee Open - Needs Need to assess House
Allow more information recommends an Attention practicality of adding Committee on
to be included in the optional requirement data on tax expenditure the Budget
budget resolution. for including a total levels to the budget
level of tax resolution with the
expenditures, a major House Committee on
component of the the Budget.
federal budget, in the
list of what could be in
a budget resolution.
Recommendation 93: See above section entitled “Boost Congressional Capacity” for more information on this
Identify areas in the recommendation.
U.S. Capitol Complex
that could benefit from
architectural
modernization.
Recommendation 94: See above section entitled “Boost Congressional Capacity” for more information on this
Develop a practice of recommendation.
negotiating House
district office leases to
lower costs, improve
consistency of rental
rates and save taxpayer
dollars.
Improve Technology and Continuity in Congress
The Committee oversaw implementation of two additional
recommendations that provide institutional continuity in how technology is
managed across member, committee, and support offices. A third
recommendation, which has been partially implemented, sought to
systematically identify lessons learned from technological modifications made
necessary by the COVID-19 pandemic.
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 95: A more sophisticated Closed - CAO has stood up a CAO
Establish a and coordinated Implemented House Digital Service to
Congressional Digital approach to the fill this function.
Services Task Force to provision of technology
examine the need for and technological
and role of a services in the House
specialized group of would help Members
technologists, better serve their
designers, and others constituents. For
to support the House’s example, a
internal and public Congressional Digital
facing operations. Services Office could
develop more modern
and streamlined
technologies for
congressional offices to
interface with
constituents and
manage their questions
and requests.
255
Short Title Context for Status Implementation Partner(s)
Recommendation Background Responsible
Recommendation 96: The Committee Closed - In June 2022, CHA Clerk
Make permanent the recommends the Task Implemented directed the Clerk to
Bulk Data Task Force Force’s mission expand make the name change
and rename it the beyond publishing bills in light of its increased
Congressional Data and the data attendant scope, and regular
Task Force. to them to allow for meetings have
consideration of other continued.
legislative documents
and congressional
operations data.
Recommendation 97: An evaluation should Open - The Clerk has begun Clerk, CHA
Identify changes made determine whether the Partially regular reporting on
to House operations Clerk’s staffing levels, Implemented these topics; need the
due to the COVID 19 expenses, and systems House to incorporate
pandemic and used during the this and an expected
determine what – if any pandemic are still Inspector General study
– additional changes appropriate in a when considering
should be made. post-emergency changes.
environment. The
evaluation should also
examine operations in
use by the standing and
select committees to
ensure that there is a
standard system for the
committees as they
update their internal
processes.
256
Appendix II – Implementation Status of
Recommendations from the 117th Congress
The following recommendations were made by the Committee in the
117th Congress. The implementation status detailed here follows the
definitions and decision-making process laid out in Chapter 3 and Appendix I.
For details about the ideas and problems behind the need for each
recommendation, see the relevant chapters as noted below. As of the writing
of this report, 11 recommendations made during the 117th Congress have
been fully implemented, and 41 recommendations have been partially
implemented or seen meaningful progress toward implementation.336
336. Seerecommendation statuses are as of November 18, 2022.
All
257
Chapter 4 – Recruiting, Empowering and Retaining an
Experienced, Skilled, and Diverse Congressional Staff
IMPROVE STAFF RECRUITMENT, DIVERSITY, RETENTION, AND
COMPENSATION AND BENEFITS
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 98: Closed - CAO Coaches began providing CAO
Personalized Job Training & Implemented new classroom and virtual
Management Skills: Supervisors training courses in management
should receive formal and leadership, among other
management training that topics.
includes management skills,
cultural competency, and how
to support an inclusive work
environment.
Recommendation 99: Update Closed - The Task Force on the House CAO
and Align Staff Benefits to Implemented Workforce (also named the Task
Increase Retention: The House Force on a Diverse and Talented
should establish and maintain a House Workforce in the report
“Task Force on the House accompanying the Consolidated
Workforce,” led by the Chief Appropriations Act, 2022) was
Administrative Officer and established and began holding
comprised of other House meetings in October 2021.337
offices to make ongoing policy
recommendations on updating
staff benefits.
Recommendation 100: Real Open - In Progress H.Rept, 117-80 directed CAO to CAO, ODI, Task
Time Payroll Information: The conduct a study of pay Force on the House
House should create a comparability and disparities; Workforce
searchable database of need the Office of Payroll and
anonymized average staff Benefits to establish a database
compensation information, by with ongoing availability and
position, using available real time information so staff
information on staff salaries and can understand pay levels
payroll data. across the House.
Recommendation 101: Open - In Progress Implementing language ODI, CAO, CHA,
Mentorship Match Program: The included in the Moving Our Task Force on the
House should initiate and Democracy and Congressional House Workforce
facilitate a formal mentorship Operations Towards
program for matching more Modernization Resolution of
experienced staff with less 2022 need an institutional office
experienced staff. (ODI or CAO), with the
guidance of CHA, to establish a
voluntary mentorship match
program using established best
practices.338
Recommendation 102: Closed - CHA updated the Members’ CHA
Professional Certifications: The Implemented Congressional Handbook to
House should allow Member, allow for office reimbursement
committee, and leadership of job-related professional
offices to pay for certain development programs that
professional development provide a certification.
opportunities for staff that
include a certification.
337. H.Rept. 117-80.
See
338. H.Res. 1331.
See
258
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 103: Open - Partially Additional relevant materials are CAO
Onboarding Information: The Implemented now available through the HR
Chief Administrative Officer Hub; need to incorporate them
should provide offices with an into a standardized onboarding
expanded standard onboarding packet during orientation, as
packet that includes called for in H.Res. 1331.
comprehensive information on
available resources and benefits
for staff.
Recommendation 104: Open - Partially CAO and CHA have reviewed CAO, CHA, AOC
Assistance for Contract Implemented and validated that these
Employees: Where feasible, the services are in place for larger
House should work with contractors working in the
contractors to ensure they Capitol complex; need to
provide their Capitol campus examine potential to ensure
employees assistance services employers of AOC contractors
comparable to those offered by offer similar services where
the House through the Office of feasible.
Employee Assistance.
Recommendation 105: Open - Partially Report language encouraging Office of Employee
Supporting the Office of Implemented this was included in the Assistance
Employee Assistance: The Consolidated Appropriations
Office of Employee Assistance Act, 2022; need additional
should seek to retain a diverse information from the Office of
workforce, offer access to Employee Assistance
bilingual services, and retain demonstrating staff and
staff capable of providing services that address a broad
various forms of trauma range of needs.
services.
Recommendation 106: Tuition Open - In Progress Language that would advance CAO, Committee on
Assistance: The House should this was included in the Appropriations,
expand the Student Loan Legislative Branch CHA
Repayment Program (SLRP) to Appropriations Act, 2023as
include tuition assistance. introduced); need to amend the
House SLRP and promulgate
regulations to include
reimbursements for tuition and
certification payments for
House staff.339
Recommendation 107: Talent Closed - CAO is making new software CAO
Acquisition Software: The Chief Implemented available for offices for the
Administrative Officer should 118th Congress and began
provide access to enrolling participants at New
industry-leading talent Member Orientation.
acquisition software to assist
House offices in managing their
recruitment and hiring
processes.
339. H.R. 8237.
See
259
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 108: Closed - CAO has finalized plans to CAO
Collecting Demographic Data: Implemented implement by the start of the
The Chief Administrative Officer 118th Congress an updated
should work with the Office of protocol for an optional
Diversity and Inclusion to demographic survey and
improve the collection of onboarding questions that
anonymized demographic data present an opportunity to
through an optional form voluntarily provide information
provided to staff at onboarding. regarding race, ethnicity, gender
identity, sexual orientation, level
of education, caregiving
responsibilities, military
experience, disability status,
religion, and duty location.
260
PROFESSIONALIZE INTERNSHIPS AND FELLOWSHIPS
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 109: Open - In Progress Language that would advance CAO, ODI, Task
Assessing Intern Cost of Living: this recommendation was Force on the House
The Chief Administrative Officer included in H.R. 8237, Workforce
should provide information to specifically studying the
congressional offices on the feasibility and costs of
cost of living for interns to help providing an intern housing
inform intern stipend levels. program, as well as providing
information on existing intern
housing resources.
Recommendation 110: Intern & Open - In Progress H.R. 8237 establishes a House CAO, ODI, Task
Fellowship Program Office or Intern Resource Office that, if Force on the House
Coordinator: The House should enacted, would implement this Workforce
establish an Intern and recommendation.
Fellowship Program Office or
Coordinator that helps with
onboarding, developing
educational curriculum,
professional development, and
training for office coordinators.
Recommendation 111: Fellows’ Open - In Progress Implementing language CHA
and Detailees’ Use of included in H.Res. 1331; need to
Equipment: Congress should review existing rules and, if
clarify rules to allow fellows and appropriate, amend the
detailees to receive the same Members’ Congressional
resources as professional staff. Handbook to clarify that access
by fellows and detailees to
House resources is permissible
under defined guidelines,
including when tied to a bona
fide agreement to provide
formality and additional details,
as well as other precautions to
ensure that House security
protocols are being followed.
Recommendation 112: Remote Open - In Progress Implementing language ODI, Task Force on
Internships: The House should included in H.Res. 1331; need the House
study the feasibility of ODI to carry out a study that, at Workforce
permanently allowing remote minimum, assesses the
internships. feasibility of doing this while
meeting educational
requirements of internships,
providing for oversight of
participants, and tracking House
equipment.
Recommendation 113: Closed - The Consolidated Committee on
Committee Internship Stipends: Implemented Appropriations Act, 2022 Appropriations
Committees should be provided provided for separate funding
a program allowance, separate for paid committee interns.
from their budget, for
compensation of interns.
Recommendations 114-117 See below section entitled, “Improving Accessibility” (Chapter 8) for more
information on these recommendations.
261
Chapter 5 – Building a More Civil and Collaborative
Congress
ENCOURAGING CIVILITY AND BIPARTISANSHIP IN CONGRESS
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 118: Open - Needs Need to ensure that there is CHA
Promoting collaboration and Attention some programming during New
leadership at member Member Orientation,
orientation: New Member deconflicted with scheduled
Orientation should strive to party leadership events, for
promote civility, collaboration, introducing a bipartisan
and leadership skills and be audience of New Members to
held separately from party concepts around civility and
leadership events. collaboration through
leadership training, perspectives
on social media, and other
topics.
Recommendation 119: Open - Partially The Exemplary Member podcast CAO
Promoting collaboration and Implemented has had podcasts on
civility through voluntary organizational culture in an
training opportunities: The office. Language that would
proposed Congressional fully implement this is included
Leadership Academy and in H.Rept. 117-389; need the
Congressional Staff Academy training to explore topics that
should offer voluntary training include but are not limited to
to members and staff to (1) best practices for facilitating
promote civility, collaboration, forums that bring constituents
and leadership skills. with opposing views together
to promote dialogue and
understanding, (2) fostering
bipartisan collaboration as a
chair and/or ranking member,
(3) perspectives on social
media distortions (4) leadership
development including
legislative effectiveness, and (5)
conflict resolution.
Recommendation 120: Open - In Progress Language that would advance Library of Congress
Acknowledging member this is included in H.Rept.
involvement in legislation: 117-389; need the Library of
Congress.gov should provide a Congress to report on the
clearer accounting of member resources necessary to add the
contributions to legislation. required features to
Congress.gov.
Recommendation 121: Optional Open - In Progress H.Rept. 117-389 identifies this CAO
committee feedback tool: The as a project that would receive
House should develop and funds through the
provide tools for committee Modernization Initiatives
leadership to receive member Account, if enacted.
feedback on committee
operations.
Recommendation 122: Closed - CHA updated the Committees’ CHA
Bipartisan committee events: Implemented Congressional Handbook to
Committees should have expand the types of official
flexibility to host occasional committee proceedings that
events to foster collaboration can have expenses reimbursed.
and further develop working
relationships among committee
members.
262
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 123: Learning Open - Needs Need a formal process, such as Committee on
from state best practices: The Attention a hearing with the Committee Rules, CHA
House should survey and on Rules or House
examine best practices from Administration, to invite states
state legislatures. to testify and share lessons
learned on how their
legislatures operate.
Recommendation 124: Closed - The Library of Congress set up Library of Congress
Bipartisan group events: The Implemented a new series entitled
Library of Congress is “Congressional Crossroads” that
encouraged to expand its was to debut in November 2022
regular, bipartisan events to and was to feature discussion
include events specifically themes and speakers centered
focused on promoting on civility and collaboration
relationship building and before bipartisan member
collaboration among members. audiences.
Recommendation 125: Ongoing Open - Needs When investigating the Leadership
institutional support to facilitate Attention potential for setting up such an
civility and collaboration: An office, need to identify an
institutional office of the House appropriate office to lead in this
should provide best practices area and ensure that this is a
and facilitate workshops that nonpartisan responsibility.
encourage bipartisan
collaboration.
Recommendation 126: Open - In Progress H.Rept. 117-389 identifies this CAO
Technology tools to enable as a project that would receive
collaboration: The House should funds through the
offer technology tools to Modernization Initiatives
facilitate member collaboration Account, if enacted.
on legislation and issues of
mutual interest.
Recommendation 127: Open - Needs Rather than building an CAO
Information on outside Attention in-house capability, need to
organizations and resources: seek input as appropriate with
The House should provide established outside entities who
information on organizations may already be providing a
and resources members can variety of these services to
access for services to help interested members and
manage conflict and foster provide a menu of options for
common ground. members and staff, consistent
with House rules and with
guardrails for the information
provided to ensure there is no
undue influence by outside
organizations.
Recommendation 128: Open - Needs Need nonpartisan, largely Committees
Bipartisan committee websites: Attention administrative websites for
Committees should have a committees that house
bipartisan, public-facing committee documents and
website with basic, nonpartisan resources and don’t change
information about the content as the majority changes
committee and its operations. between party hands, in
addition to any partisan
websites the majority and/or
minority of a committee wish to
maintain.
263
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 129: Open - Needs Need to develop information CAO, Committees
Voluntary resources to help Attention and resources for committees,
committees develop civility and make them available
norms: The House should through a committee retreat,
provide resources and guidance the proposed bipartisan retreat,
to committees seeking to create or other means, that would
tailored civility norms. facilitate the establishment of
civility norms by the members
of each committee for the
members of each committee.
Recommendation 130: Open - In Progress Implementing language Architect of the
Co-working spaces for staff: included in H.Rept. 117-389; Capitol
The House should explore need the Architect of the
bipartisan co-working spaces Capitol to report on potential
for staff. bipartisan collaboration spaces
within House office buildings.
Recommendation 131: Task Open - Needs Need to convene a bicameral House, Senate
force on the legislative process: Attention group that would discuss Leadership
A bicameral, bipartisan group of changes required to expedite
members should convene to consideration of all legislation
discuss rules changes to require that has passed in the
reciprocated consideration for originating chamber by
widely supported, bipartisan unanimous consent, or with at
legislation. least 2⁄3 of its members voting
in the affirmative.
Recommendation 198: Open - Needs Need CHA and the Committee CHA, Committee on
Opportunities to learn from Attention on Rules to leverage Rules
other legislatures: The opportunities to apply lessons
Committee on House learned in the areas of
Administration and the scheduling, outdated
Committee on Rules should technology, and other capacity
conduct semi-regular, bipartisan issues.
international CODELs to learn
about other legislatures and to
facilitate better collaboration
and understanding among
committee members.
Recommendation 199: Open - Needs Need to build on New Member CHA
Bipartisan new member update Attention Orientation to provide follow-up
seminar: The Committee on opportunity for new members
House Administration should to ask questions and provide
conduct an update session for input after having served in
new members well into the start Congress for several months.
of their first term.
SUPPORT CONGRESSIONAL OPERATIONS
Short Title Status What Implementation Looks Partner(s)
Like Responsible
Recommendation 195: The Open - Needs Need to make use of special Leadership
House should permit legislation Attention order time at the end of a
to have two members of session day to pilot this idea,
Congress serve as first rather than a House rule
sponsors, provided that change, in keeping with the
Members are affiliated with special rule adopted during the
different political parties. 104th Congress.
264
Chapter 6 – Strengthening Lawmaking and Oversight
Capacity
SUPPORT CONGRESSIONAL OPERATIONS
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 132: Make Open - In Progress Implementing language CRS
available nonpartisan included in H.R. 8237; need CRS
summaries: The House should to identify the resources
prioritize ensuring that bills to necessary to carry this out.
receive a floor vote have
nonpartisan summaries
available.
Recommendation 133: Bolster Open - In Progress Implementing language CBO, CRS, GAO
legislative support agency included in H.R. 8237; need
access to federal data and support agencies to identify
experts: Support agencies and report to committees of
should report on challenges and jurisdiction the relevant
potential solutions for accessing statutory changes or
federal data. memoranda that may be
necessary.
Recommendation 134: Open - In Progress CRS has increased its CRS
Enhancing the customer production of short-form
experience at CRS: CRS should products, which are designed to
ensure that its products and be more concise and to provide
services are designed to adapt primers to staff; need CRS to
and meet the needs of an assess customer satisfaction
evolving Congress. and take other steps to
demonstrate ongoing progress
in meeting member and staff
needs.
Recommendation 135: Open - In Progress Implementing language GAO
Enhancing the customer included in H.Rept. 117-389;
experience at GAO: GAO should need GAO to routinely assess
boost initiatives to meet client satisfaction and take
Congress’s information needs additional steps to actively
and assess member and staff inform members of Congress
awareness of and satisfaction about how best to utilize its
with its products and services. services, products, and experts.
Recommendation 136: GAO Open - Partially Implementing language GAO
annual report on Implemented included in H.R. 7331, which
unimplemented passed the House in July 2022;
recommendations: GAO should need GAO to include
report annually on the information on known costs of
estimated cost savings of its unimplemented priority
unimplemented recommendations as part of its
recommendations. letters to agency heads and
committees of jurisdiction.
Recommendation 137: GAO Open - Partially Implementing language GAO
report to congressional Implemented included in H.R. 7331, which
committees on legislative passed the House in July 2022;
options: GAO should annually need GAO to identify and
report to Congress on report on additional oversight
legislative options to address actions Congress can take to
open priority recommendations. help implement priority
recommendations as part of its
letters to agency heads and
committees of jurisdiction.
265
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 138: Enhance Open - Partially CBO presented on its services CBO
CBO outreach to Congress: Implemented to the Committee and the
CBO should expand its Modernization Staff Association
congressional outreach to in 2022; need CBO to
provide additional information demonstrate plans to expand on
and assistance to members of this outreach across the House.
Congress and staff.
Recommendation 139: Open - In Progress H.Rept. 117-389 identified this CBO, CRS, GAO,
Legislative and support agency as one of the projects that CAO, Clerk
staff directory: Congress and would receive funds through the
congressional support agencies Modernization Initiatives
should establish a shared staff Account; need agencies to
directory to enhance the identify the proper experts and
exchange of information and contact information to share
improve collaboration. once a standardized system for
organizing issue areas and
topics is developed for use
across agencies.
Recommendation 140: Open - In Progress Implementing language Committees on the
Modernize the congressional included in H.Res. 1331; need Budget, House
support agencies: The committees of jurisdiction to Administration, and
committees of jurisdiction regularly examine whether Oversight and
should examine support agency existing authorities are Reform
authorities and determine if sufficient to ensure that support
they need to be updated. agencies can better serve an
evolving Congress.
Recommendation 141: Open - Needs Need the committees of Committee on
Authorize STAA and make it a Attention jurisdiction to examine how best Oversight and
permanent part of GAO: The to strengthen the support that Reform, Senate
Science, Technology GAO’s STAA mission team Committee on
Assessment, and Analytics provides Congress and consider Homeland Security
program at GAO should be authorizing legislation. and Governmental
authorized and made Affairs
permanent by Congress.
Recommendation 196: Open - In Progress Docs.house.gov currently acts Committees, CAO
Requiring data to be entered as a shared committee calendar,
into committee scheduling tool: and House Digital Service is
House Rules or policies should working on a new tool to allow
require entering of committee for better schedule
meeting times into the shared deconfliction; need committees
committee scheduling tool. to consistently and proactively
populate such tools with data
on their meeting times.
Recommendation 197: Report Open - Needs Need regular reporting using Clerk
on members voting late: The Attention information derived from the
House should publish a regular electronic voting system, noting
report noting the cumulative the total amount of time
time members voted after the individual members voted
allotted time. outside of the time allotted.
Recommendation 198: See above section entitled “Encouraging Civility and Bipartisanship in
Opportunities to learn from Congress” (Chapter 5) for more information on this recommendation.
other legislatures: The
Committee on House
Administration and the
Committee on Rules should
conduct semi-regular, bipartisan
international CODELs to learn
about other legislatures and to
facilitate better collaboration
and understanding among
committee members.
266
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 199: See above section entitled “Encouraging Civility and Bipartisanship in
Bipartisan new member update Congress” (Chapter 5) for more information on this recommendation.
seminar: The Committee on
House Administration should
conduct an update session for
new members well into the start
of their first term.
EVIDENCE-BASED POLICYMAKING
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 142: Open - In Progress Implementing language CHA
Congressional Commission on included in H.Con.Res. 116;
Evidence-Based Policymaking: need to impanel a commission
Congress should establish a of experts and associated staff
bipartisan, bicameral to identify ways to better
Commission on Evidence-Based incorporate evidence-based
Policymaking to encourage and approaches into congressional
facilitate better use of data in policymaking, policy analysis,
the legislative process. and oversight.
STRENGTHENING CONGRESSIONAL OVERSIGHT CAPACITY
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 143: Optional Open - In Progress GAO’s STAA mission team GAO
bipartisan oversight training: currently provides a recurring
The House should offer and training series with the
support optional programs for Congressional Staff Academy;
members and staff to learn need this to include session(s)
best-practices for conducting on conducting bipartisan
bipartisan, fact-based oversight oversight.
Recommendation 144: Open - Needs Need to use CAO’s procurement CAO
Improved access to document Attention process to compare software
review software: The CAO systems that enable easier
should assist committees in synthesis and review of large
obtaining and utilizing effective, volumes of documents
industry standard “e-discovery” collected during congressional
software to improve document investigations.
review and processing
capabilities.
Recommendations 145-156 See below section entitled, “Modernizing District Office Operations” (Chapter
9) for more information on these recommendations.
Recommendations 157-166 See below section entitled, “Modernizing House Office Buildings” (Chapter 8)
for more information on these recommendations.
267
MODERNIZING THE LEGISLATIVE PROCESS
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 167: Open - Needs Need to establish a system that Clerk, CAO
Modernize bill referral and Attention the GPO, Clerk, and committees
tracking: The House should can all refer to and use to track
establish a system for bill bills from introduction through
referral to committees that the committee process.
automates and tracks the bill’s
progress through the legislative
process.
Recommendation 168: Closed - CHA issued updated regulations CHA
Retaining expert staff: The Implemented for the House Student Loan
House should exempt student Repayment Program in June
loan repayments from 2022 that eliminated the
maximum compensation. limitation that prevented staff
from receiving benefits if those
benefits, combined with one’s
salary, would exceed the
maximum allowable salary
under the Speaker’s Pay Order.
Recommendation 169: Open - In Progress The e-Hopper has made it Clerk
Automate the process of easier to electronically register
obtaining cosponsors: The co-sponsors; need to expand on
House should develop a this to make it easier to solicit
technology solution to allow co-sponsors. Through Quill, the
greater automation of the House has an efficient system
process for collecting and for managing and tracking
registering cosponsors. letters with digital signatures. A
similar process, potentially an
additional function within Quill,
should be available for
cosponsoring legislation.
Recommendation 170: Open - In Progress H.Rept. 117-389 identifies this HOLC, CAO
Collaborative legislative as a project that would receive
drafting: The House should funds through the
leverage existing Modernization Initiatives
enterprise-wide applications Account, if enacted. Need to
and develop other tools and grant access to approved staff
solutions to better facilitate to request tracked edits when
legislative drafting between interacting with HOLC while
member, committee and preserving HOLC’s sole
leadership offices and the ownership and custody over
House Office of Legislative legislative documents.
Counsel (HOLC).
Recommendation 171: Joint See below section entitled, “The Future of Modernization” (Chapter 10) for
Committee on Continuity: more information on this recommendation.
Congress should establish a
joint committee to review
House and Senate rules and
other matters assuring
continuing representation and
congressional operations for the
American people.
Recommendations 172-180 See below section entitled, “Improve Constituent Service and Engagement”
(Chapter 7) for more information on these recommendations.
Recommendations 181-192 See below section entitled, “Bolster House Technology” (Chapter 7) for more
information on these recommendations.
268
SUPPORT CONGRESSIONAL OPERATIONS
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 193: The Open - Needs Need the House to provide HOLC, CHA
House should provide resources Attention HOLC with resources to add an
to support HOLC’s continuing official within HOLC who would
efforts to expand education and be focused on proactive
proactive outreach to members outreach to member and
and staff. committee offices, serve as the
office’s “eyes and ears” to
answer questions and identify
possible concerns, and to focus
on ways to continually improve
the office’s educational and
informational materials and
offerings to ensure staff, in
particular new staff, are fully
informed on the HOLC’s role
and processes.
Recommendation 194: At the Open - Needs Need to expand and coordinate Support offices and
beginning of a new Congress, Attention existing open houses and agencies
House business support offices information sessions held within
and agencies should hold an individual support offices.
“Open-House” to provide
members and staff the
opportunity to personally meet
with institutional offices and
staff and learn about the
services they offer.
Recommendation 195: The See above section entitled, “Support Congressional Operations” (Chapter 5) for
House should permit legislation more information on this recommendation.
to have two members of
Congress serve as first
sponsors, provided that
Members are affiliated with
different political parties.
Recommendation 196: See above section entitled, “Support Congressional Operations” (Chapter 6) for
Requiring data to be entered more information on this recommendation.
into committee scheduling tool:
House Rules or policies should
require entering of committee
meeting times into the shared
committee scheduling tool.
Recommendation 197: Report See above section entitled, “Support Congressional Operations” (Chapter 6) for
on members voting late: The more information on this recommendation.
House should publish a regular
report noting the cumulative
time members voted after the
allotted time.
269
Chapter 7 – Building a Modern Congress
IMPROVE CONSTITUENT SERVICE AND ENGAGEMENT
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 172: The Open - Needs Need to have a system of CAO
House should develop an Attention standardized casework
optional system to allow offices categories and tracking
to share anonymized standards to which offices can
constituent casework data and opt in and provide data.
aggregate that information to
identify trends and systemic
issues to better serve
constituents.
Recommendation 173: The Open - In Progress Committee staff have discussed CHA
House should provide offices this with CHA; need to ensure
with information related to that any lists of outside
outside organizations and organizations or tools made
resources available to assist available to House offices be in
members and committees that accordance with Committee on
wish to enhance outreach Ethics guidelines and be
efforts or utilize new tools for approved by CHA.
constituent communication and
engagement.
Recommendation 174: The Open - Needs Need development of a new CAO, Library of
House should study and present Attention public-facing constituent Congress
options for developing a engagement interactive
public-facing interactive platform that would provide
platform for constituents to constituents additional
offer their opinions and methods, beyond email and
feedback on pending webforms, of providing
legislation. feedback.
Recommendation 175: The Open - Needs Need to enable real-time CAO
House Digital Service should Attention tracking of constituent
evaluate and onboard industry correspondence and
leading correspondence satisfaction, as well as the
technology tools and platforms automation of aspects of
to enable offices to improve the correspondence that are
quality and substance of repetitive for staff, through
constituent correspondence. adoption of intelligent tools and
use of Artificial Intelligence
where appropriate.
Recommendation 176: The Open - Needs Need to study the feasibility CAO, Committees
House should study and present Attention and level of committee buy-in
options for developing a for developing a central website
platform for committees that or committee website plug-in to
want to solicit public comment solicit public comments based
and evidence on topics that on the topic or business before
might be coming before the the committee.
committee.
Recommendation 177: The Open - Needs Need to assess suitability of CAO
House should develop an Attention industry standard technology or
efficient and secure tool for develop new digital solutions
coordinating constituent tour that would allow staffers to
requests. easily track and manage
constituent requests for tours of
the Capitol.
270
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 178: The Open - In Progress The Modernization Staff CAO
House should develop a more Association, working with Code
efficient process for tracking for America, created a
and managing constituent flag prototype to help with this;
requests. need to standardize a portal
that allows staff and
constituents to see where a flag
is in the process, like an online
“pizza tracker.”
Recommendation 179: The Open - Needs Need to offer a Customer CAO
House should develop and Attention Experience (CX) package that
provide offices with optional offices can opt into and utilize
tools for surveying and tracking to solicit feedback from
their constituent’s ‘customer constituents at the end of an
service’ experience. interaction.
Recommendation 180: Future Open - Needs Need to examine how to make it Architect of the
upgrades to the Capitol Visitor Attention easier for visitors to the Capitol Capitol
Center should allow for a more Visitor Center to use interactive
personalized and interactive displays to learn more about
tour that allows constituents to their districts and
better understand who their representatives while
representatives are and how addressing any privacy or
their opinions are reflected in security concerns.
House votes.
BOLSTER HOUSE TECHNOLOGY
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 181: Open - Needs Need the Congressional CHA
Congress should institutionalize Attention Hackathon and other
and expand technology technology and
education and innovation innovation-related events and
initiatives such as the initiatives to be institutionalized
Congressional Hackathon. and expanded to bring together
technical staff from throughout
the legislative branch to
brainstorm and work on
technical solutions
collaboratively.
Recommendation 182: The Open - Needs Need to develop an onboarding CAO, CHA
House should develop an Attention process for mature House
onboarding process to technology and ensure the
institutionalize congressional process allows for off-ramping
technology that has reached a of technology that has become
mature development stage, is obsolete and for procuring
widely used, or is considered available base code for
mission critical. mission-critical tools, rather
than building equivalent tools
from scratch.
Recommendation 183: Open - Needs Need to have agreements in CAO
House-developed digital Attention place that technology
applications should be made developed with House
open source by default. resources should, by default and
when appropriate, have code
that is published publicly under
a structured open-source
license and that the House have
free use of any tools developed
to expand functionality for the
underlying digital tool.
271
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 184: The Open - In Progress A bicameral working group has CAO, Clerk, Senate
House and Senate should work been holding regular meetings; Sergeant at Arms
to align more of their need to make use of this group
technology standards and to align and expedite
processes. technology procurement and
onboarding across chambers.
Recommendation 185: The Open - Needs Need to publish a page on the CAO, CHA
House should provide more Attention House’s website for potential
public information to potential developers of digital tools like
technology vendors and the “Steps to Becoming a Web
streamline the vendor approval Vendor” that currently exists
and onboarding process. and need to clearly establish a
liaison or point of contact for
answering developers’
questions.
Recommendation 186: The Open - Needs In making the administrative CAO, CHA
CAO should develop an Attention process easier for experienced
Established Delivery Partners vendors, need to ensure that
program for digital solution the process remains a
vendors that regularly work competitive one that is
with the House. continually open to new
entrants and does not, through
institutional inertia, become an
exclusive group and thus a
potential obstacle to accepting
new vendors and technologies.
Recommendation 187: The Open - Needs Need to have clear, Committee on
House should review current Attention public-facing guidance that Ethics, CHA
policies and, where appropriate, addresses an office’s ability to
allow opportunities for communicate publicly about the
congressional use of software development of a digital tool,
and its underlying code that is whether congressional offices
developed by outside civic can use open-source software
technology organizations. published in a public repository,
whether congressional offices
can publish open-source code
developed internally using
official resources, and whether
congressional offices can
provide comments and feature
requests to open-source
projects developed by others
concerning ideas for further
improving the software.
Recommendation 188: The Open - Needs Need to establish a coordinated CHA
House should establish a high- Attention working group comprised of
level working group to prioritize leadership offices, relevant
and coordinate the committees, support offices,
maintenance and development and outside advisors to discuss,
of House digital infrastructure. coordinate, and prioritize major
technology projects in the
House and implementation of
the Select Committee’s
recommendations. The working
group should be charged with
bringing together members and
relevant staffers from member
offices, committees, and
support agencies to identify
pain points in congressional
technology and plan out what
areas need attention.
272
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 189: The Open - Needs Need to establish an Advisory CAO, CHA
House should create a Digital Attention Board and include a wide
Service Advisory Board to help variety of senior congressional
plan and prioritize the work of administrative staff representing
the House Digital Service. various departments and with
technical knowledge to ensure
that House Digital Service has
broad buy-in to their objectives
and is prioritizing systems that
customers identify.
Recommendation 190: The Open - In Progress The Capitol switchboard has CAO
Capitol switchboard should be improved its ability to identify
updated to allow call callers that call the central line;
information to be passed need to have a system that
through to House offices. passes along this information to
offices so that they can block
disruptive and threatening
callers.
Recommendation 191: The Open - Needs Need a standard but optional GPO, Clerk
GPO should create and offer a Attention process that automatically
standard process for generates and compiles a draft
automating committee hearing hearing record using documents
records. uploaded into the committee
repository (e.g., testimony,
transcript, votes, and other
documents)
Recommendation 192: The Open - Partially Some committees, such as the CHA, Clerk, CAO
House should work with Implemented Committee on Rules, have
committees to develop optional begun using digital tools during
tools that allow them to meetings; need to build on
continue to migrate away from these successes to ensure that
the use of paper documents all future committee business is
during committee meetings. “digital by default,” with a
paper-based option remaining
available to members or
committees that wish to
operate that way.
Chapter 8 – Modernizing the Workplace
IMPROVING ACCESSIBILITY
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 114: ADA Open - In Progress Implementing language is Architect of the
Drop off/Pick up Zone: The included in H.Rept. 117-389; Capitol, Office of
House should designate a drop need the Architect of the Congressional
off and pick up zone near an Capitol to prioritize this and Accessibility
accessible entrance for related issues identified in its Services
members of the public with transportation and mobility
mobility impairments and study.
develop a clear process for
accessing the new drop-off
point.
273
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 115: Security Open - In Progress Implementing language Architect of the
Screening for those with included in H.Rept. 117-389; Capitol, Office of
Disabilities: Visitors and staff need the Architect of the Congressional
with disabilities should have Capitol to coordinate on this Accessibility
access to information on the with the Office of Congressional Services
security screening techniques Accessibility Services.
they will encounter upon
entering the Capitol complex.
Recommendation 116: Open - In Progress Implementing language Architect of the
Doorway Accessibility: The included in H.Rept. 117-389; Capitol
House should prioritize the need the Architect of the
installation of additional Capitol to prioritize this among
automatic doors and replace projects funded with Fiscal Year
door hardware that is difficult 2023 appropriations.
to grasp with one hand.
Recommendation 117: Open - Partially The House Web Services Team CAO
Accessible Websites: The House Implemented has reviewed accessibility
should promote awareness of compliance across House
accessibility requirements for websites and CHA sponsored
Member and committee briefings on general
websites and provide training accessibility/508 concepts for
and tools for staff to help them web editors of House websites;
properly maintain and update need continued periodic
those sites. briefing for offices on website
accessibility protocols and to
report on efforts to remediate
identified deficiencies.
MODERNIZING HOUSE OFFICE BUILDINGS
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 157: Improve Open - Needs Need the Architect of the Architect of the
navigating the campus: To Attention Capitol, along with the House Capitol
improve wayfinding, the House Sergeant at Arms and the
should consult with internal and Capitol Police, to consult a
external experts to assess and wayfinding expert to review and
implement navigation update current directional
improvements necessary to signage.
make it easier for visitors to find
their way through the Capitol
campus.
Recommendation 158: Survey Open - Needs Need the survey, whether as Architect of the
house employees: The House Attention part of the current Capitol, CAO
should regularly survey House compensation and diversity
employees to assess plans for survey or as a new effort, to
telework and use of office explore how members, staff,
space. and support offices intend to
use space and utilize telework
policies.
Recommendation 159: Digital Open - Needs Need digital displays at the Architect of the
displays for hearings and Attention main entrances of House office Capitol, CAO
events: The House should buildings, or places that are
provide digital signage heavily trafficked by the public,
displaying information about as well as outside of committee
current public hearings and rooms.
events.
274
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 160: Open - Needs Need to develop metrics to Architect of the
Inventory existing space: The Attention understand the extent to which Capitol, House
House should study the use of rooms are underutilized as well Office Building
its space to understand how it as to consider use of designated Commission, CHA
is used, who controls access to drop-in meeting space that
various spaces, and how it is does not require a reservation.
managed in the House and the
Capitol.
Recommendation 161: Offer Open - Needs Need the House Office Building House Office
expanded options for meeting Attention Commission to establish drop-in Building
space: The House should meeting spaces for staff that Commission,
establish and designate shared generally are not reservable. Architect of the
meeting spaces that will allow Capitol
for members and staff to use on
a drop-in basis and not require
reservations.
Recommendation 162: Portal Open - Needs Need the app to include a CAO, Architect of
for all reservable space: The Attention check-in system to ensure space the Capitol
House should develop an app is not reserved and then
and expand the current web unused; also need to maintain
portal to include all reservable permission for leadership and
space in the Capitol and House committees to occupy their
Office Buildings. spaces without reservations.
Recommendation 163: Open - Needs Need a plan in place to reassess Architect of the
Establishing procedures for Attention plans closer to the construction Capitol, CHA
communicating with members date, including through
and staff prior to new soliciting input from members,
construction: AOC and CHA to ensure that plans are not out
should jointly establish of date with current practices
procedures to ensure new and technology by the time
projects are modern, functional, they are implemented.
and meet the needs of
members and constituents.
Recommendation 164: Open - Needs Need a process by which the Architect of the
Establishing procedures for Attention Architect of the Capitol is in Capitol, CHA
communicating with members continuous contact with
and staff during construction: members, by soliciting input
AOC and CHA should jointly and providing briefings, to
establish procedures to ensure reassess and course correct if
new projects are modern, necessary to ensure projects are
functional, and meet the needs as modern, functional, and
of members and constituents. cost-effective as possible.
Recommendation 165: Flexible Open - Needs Need CAO to share examples of CAO
and modern member office Attention House offices that are designed
templates: The CAO should around function and provide
provide a broad menu of them as templates for setting
furniture options and templates up a new office; layout options
for member office space that should include modern design
considers modern and flexible practices that consider sound
design and function concepts. attenuation, shared desk space,
access to sunlight, collaboration
and meeting space as well as
ensuring accessibility.
Recommendation 166: Flex Open - Needs Need flexible space that is Architect of the
hearing space: The House Attention conducive to holding hearings Capitol, House
should identify and develop a or meetings in nontraditional Office Building
space that can be used to hold formats and can be used by Commission, CHA
hearings with alternative select committees, task forces,
seating formats such as a caucuses, or other entities that
roundtable-style. do not have access to
designated hearing space.
275
Chapter 9 – Modernizing District Offices
MODERNIZING DISTRICT OFFICE OPERATIONS
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 145: District Closed - CAO reported that it has a CAO
Wi-Fi: The CAO should provide Implemented process for facilitating this
every district office with access during new office selection and
to secure Wi-Fi. buildout.
Recommendation 146: Single Open - In Progress CAO envisions the Customer CAO
point of contact for district Advocates helping with this
office setup: The CAO should role; need the single point of
designate a single point of contact to actively help offices
contact for each office to navigate the various steps
streamline the process for required to get a district office
setting up district office up and running, including
operations. telecommunications services,
internet, Wi-Fi, leases, and
procuring equipment, furniture,
and other supplies.
Recommendation 147: Open - Needs Need authorization and CHA, CAO
District-focused transition aide: Attention appropriations for an optional
The House should provide second transition aide who
members-elect with a second would be focused on district
paid transition aide who can office setup and who would also
focus on setting up district help offices understand the
operations. range of programs and services
available to constituents.
Recommendation 148: Open - Partially CAO hosts in-person district CAO
Information sharing between Implemented staff conferences; need to
district offices: The CAO should continue and expand efforts by
facilitate opportunities for staff the Congressional Staff
that work directly with Academy and CAO Coach
constituents to connect and program to bring district staff
share best practices. together for virtual seminars
and should provide time for
staff to share information with
each other.
Recommendation 149: Ready Open - Needs Need the House to instruct CAO, CHA
for day one program: The Attention CAO, through evaluation of
House, where feasible, should existing authorities as well as
expand existing authorities to expansion of authorities, if
expedite the process for necessary, to allow
members-elect to access members-elect, once the
district office space and begin election is certified, to obtain
office set up. 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.
Recommendation 150: Agency Open - Needs Need CRS to include relevant CRS
casework contact lists and Attention contact names, phone numbers,
privacy release form policies email addresses, and specific
from CRS: CRS should provide information requirements
regularly updated and complete related to privacy release forms
information on local agency for federal agencies and any
casework contacts and agency local or regional field offices
digital privacy release form within a member’s district.
policies.
276
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 151: Open - In Progress Graves/Kilmer amendment CHA
Additional staff capacity to #797 to the Fiscal Year 2023
support disaster response: The National Defense Authorization
House should provide resources Act contains implementing
and staffing flexibility to district language. CAO laid out options
offices in responding to a for increases to the staff cap
federally declared disaster. more generally in a December
2021 report; need CHA to
assess statutory and/or
regulatory paths forward for
adjusting the current caps in
these circumstances.
Recommendation 152: District Closed - The Task Force on a Diverse and CAO, Task Force on
staff retention: The House Task Implemented Talented House Workforce plans the House
Force on the Workforce should to examine this issue, leveraging Workforce
examine the benefits, the Office of Employee
professional development Assistance, HR Hub, and other
opportunities, and other resources as appropriate, during
resources, that will improve the first quarter of 2023.
district staff retention and
recommend updates.
Recommendation 153: Open - Needs Need updated and clarified Committee on
Connecting constituents with Attention guidance on when and how Ethics, CHA,
community organizations and offices can direct constituents Communications
resources: The House should to non-federally administrated Standards
update and provide clear ethics resources, with concrete Commission
guidelines to allow district examples, that could be
offices to direct constituents to updated to reflect changing
appropriate community needs as they emerge.
organizations, resources, and
services.
Recommendation 154: Open - Needs Need an updated interpretation Committee on
Facilitating constituent service Attention of House Rule 24 and Ethics, CHA,
events: The House should associated policies to clarify Communications
provide flexibility within House permissibility of co-sponsoring Standards
Rule 24 to allow district offices constituent service events, Commission
to cosponsor constituent consistent with current Senate
service events with practices and within applicable
non-governmental constraints.
organizations to provide
information and other resources
to constituents.
Recommendation 155: Open - Needs Need to promote the idea of CHA, CAO
Constituent control over their Attention taking into consideration the
data: The House should ensure constituent’s preferences
that constituent data and regarding the control and
records related to casework are management of certain
maintained, transferred, or casework information, while
destroyed according to a acknowledging existing policies
constituent’s preferences. providing for member custody
of casework information.
Recommendation 156: Open - Needs Need to establish practice of CAO
Technology solutions to help Attention House Information Resources
offices better serve and House Digital Service
constituents: The CAO should working with district offices in
develop or provide optional much the same way that CAO
in-house technology solutions worked with freshman offices
to district offices to improve on their websites at the start of
casework and other services. the 117th Congress.
277
Chapter 10 – The Future of Modernization
Short Title Status Implementation Background Partner(s)
Responsible
Recommendation 171: Joint Open - Needs Need to enact legislation to House, Senate
Committee on Continuity: Attention establish a joint committee Committees of
Congress should establish a comprised of members from the Jurisdiction
joint committee to review Committee on House
House and Senate rules and Administration, House
other matters assuring Committee on Rules, Senate
continuing representation and Committee on Rules, and
congressional operations for the Senate Committee on
American people. Administration and appointed
directly by designees of the
majority and minority party.
Recommendation 200: Align Open - Needs Need a change to the Members’ CHA
the treatment of member Attention Congressional Handbook to
travel-related expenses with allow reimbursement for travel
private sector and federal expenses while maintaining
agencies: The House should reasonable reimbursement
align travel related expense limits, ethics requirements, and
reimbursement rules for transparency.
members with standard
business travel practices in the
private sector and other parts
of the federal government.
Recommendation 201: Open - Needs Need to establish a Leadership, CHA
Modernization subcommittee: Attention subcommittee within the
The House should provide a Committee on House
home for ongoing Administration to focus on
modernization work within the seeing the Select Committee’s
Committee on House recommendations implemented
Administration. in the next Congress and
beyond.
Recommendation 202: Regular Open - Needs Need the House, with or House, Senate
Modernization Select Attention without the Senate, to authorize Committees on
Committees: The House should a Select Committee with a Rules
authorize a Modernization mandate to evaluate the
Select Committee at least every operations and efficiency of the
fourth Congress. institution at more regular
intervals than has historically
been the case.
278
Appendix III – Additional Reports and
Findings from the Select Committee
Please see the following for more information about the Committee’s
work including recommendation votes, individual hearings, and other
documents published by the Committee.
Publications from the 116th Congress
Congressional Reports and Findings
“Final Report.” Select Committee on the Modernization of Congress.
Report 116-562, October 27, 2020. https://www.govinfo.gov/content/pkg/
GPO-CRPT-116hrpt562/pdf/GPO-CRPT-116hrpt562.pdf
“Recommendations to Reclaim Congress’s Article One Powers, Boost
Staff Capacity, Improve the Budget and Appropriations Process, Identify
Administrative Inefficiencies and Improve Technology and Continuity.” Select
Committee on the Modernization of Congress. Report 116-561, October 23,
2020. https://www.govinfo.gov/content/pkg/CRPT-116hrpt561/pdf/CRPT-
116hrpt561.pdf
“Recommendations to Improve Continuity of Government and
Congressional Operations.” Select Committee on the Modernization of
Congress. Report 116-560, October 16, 2020. https://www.govinfo.gov/
content/pkg/CRPT-116hrpt560/pdf/CRPT-116hrpt560.pdf
“Recommendations to Improve Transparency in the U.S. House of
Representatives.” Select Committee on the Modernization of Congress. Report
116-406, February 25, 2020. https://www.govinfo.gov/content/pkg/CRPT-
116hrpt406/pdf/CRPT-116hrpt406.pdf
“Recommendations to Encourage Civility and Bipartisanship in
Congress, Streamline Processes and Save Taxpayer Dollars, and Increase the
Quality of Constituent Communication. Select Committee on the
Modernization of Congress. Report 116-408, February 25, 2020.
https://www.govinfo.gov/content/pkg/CRPT-116hrpt408/pdf/CRPT-
116hrpt408.pdf
“Recommendations to Streamline House Human Resources, Overhaul
the Onboarding Process, Improve Member Continuing Education
Opportunities, Modernize House Technology, and Improve Accessibility. Select
Committee on the Modernization of Congress. Report 116-407, February 25,
2020. https://www.govinfo.gov/content/pkg/CRPT-116hrpt407/pdf/CRPT-
116hrpt407.pdf
279
Publications from the 117th Congress
Congressional Reports and Findings340
“Recommendations to Strengthen Congressional Oversight Capacity,
Improve District Operations, Modernize Congressional Office Operations,
Modernize the Legislative Process, and Examine Congressional Continuity.”
Select Committee on the Modernization of Congress. Committee Print 48-300,
September 1, 2022. https://www.govinfo.gov/content/pkg/CPRT-
117HPRT48300/pdf/CPRT-117HPRT48300.pdf
“Staff Retention Brief, 117th Congress.” Select Committee on the
Modernization of Congress. https://modernizecongress.house.gov/imo/media/
doc/Staff%20Retention%20Brief%20FINAL(1).pdf
“Recommendations to Foster Collaboration and Civility in Congress, To
Modernize the Congressional Support Agencies, and the Encourage
Evidence-Based Policymaking. Select Committee on the Modernization of
Congress. Committee Print 46-273, December 8, 2021.
https://www.govinfo.gov/content/pkg/CPRT-117HPRT46273/pdf/CPRT-
117HPRT46273.pdf
“Recommendations to Increase Staff capacity, Diversity and Inclusion,
Strengthen Congressional Internships and Fellowships, and Expand
Accessibility to Congress. Select Committee on the Modernization of
Congress. Report 117-136, October 8, 2021. https://www.govinfo.gov/content/
pkg/CRPT-117hrpt136/pdf/CRPT-117hrpt136.pdf
Congressional Hearings341
“Congressional Continuity: Ensuring the First Branch is Prepared in
Times of Crisis.” Select Committee on the Modernization of Congress. Serial
No. 117-17, April 6, 2022. https://www.govinfo.gov/content/pkg/CHRG-
117hhrg47600/pdf/CHRG-117hhrg47600.pdf
“Congress Back Home: Modernizing District Office Operations.” Select
Committee on the Modernization of Congress. Serial No. 117-15, February 16,
2022. https://www.govinfo.gov/content/pkg/CHRG-117hhrg47222/pdf/CHRG-
117hhrg47222.pdf
“Modernizing the Congressional Support Agencies to Meet the Needs of
an Evolving Congress.” Select Committee on the Modernization of Congress.
Serial No. 117-11, October 21, 2021. https://www.govinfo.gov/content/pkg/
CHRG-117hhrg46121/pdf/CHRG-117hhrg46121.pdf
340. Additional Committee Prints and Reports for the 117th Congress will be available on GovInfo.gov but
See
were not posted as of this writing, November 18, 2022. See, https://www.govinfo.gov/committee/
house-modernization?path=/browsecommittee/chamber/house/committee/modernization/collection/
CRPT/congress/116
341. Hearing records for the remaining 19 hearings conducted during the 117th Congress will be available
See
on GovInfo.gov but were not posted as of this writing, November 18, 2022. See,
https://www.govinfo.gov/committee/house-modernization?path=/browsecommittee/chamber/house/
committee/modernization/collection/CRPT/congress/116
280
“Professionalizing and Enriching the Congressional Internship and
Fellowship Experience.” Select Committee on the Modernization of Congress.
Serial No. 117-03, April 29, 2021. https://www.govinfo.gov/content/pkg/CHRG-
117hhrg48294/pdf/CHRG-117hhrg48294.pdf
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