[House Report 116-707] [From the U.S. Government Publishing Office] Union Calendar No. 591 116th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 116-707 _______________________________________________________________________ THE REPORT ON THE ACTIVITIES of the COMMITTEE ON HOUSE ADMINISTRATION during the 116TH CONGRESS together with minority viewsDecember 31, 2020.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed ______ U.S. GOVERNMENT PUBLISHING OFFICE 42-826 WASHINGTON : 2021 LETTER OF TRANSMITTAL ---------- House of Representatives, Committee on House Administration, Washington, DC, December 30, 2020. Hon. Cheryl L. Johnson, Clerk of the House, Washington, DC. Dear Ms. Johnson: Pursuant to clause 1(d) of rule XI of the Rules of the House of Representatives, I present herewith the report on the activities of the Committee on House Administration for the 116th Congress. Sincerely, Zoe Lofgren, Chairperson. C O N T E N T S ---------- Page Letter of Transmittal............................................ III Jurisdiction..................................................... 1 Rules of the Committee........................................... 2 Membership and Organization of the Committee..................... 12 Oversight Plan for the 116th Congress............................ 14 Legislative and Oversight Activities............................. 23 Hearings and Meetings............................................ 88 Committee Resolutions............................................ 96 Appendix I--Committee Resolutions................................ 97 Minority Views................................................... 167 Union Calendar No. 591 116th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 116-707 ====================================================================== REPORT ON THE ACTIVITY OF THE COMMITTEE ON HOUSE ADMINISTRATION FOR THE 116TH CONGRESS _______ December 31, 2020.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Ms. Lofgren, from the Committee on House Administration, submitted the following R E P O R T together with MINORITY VIEWS Report Clause 1(d) of rule XI of the Rules of the House of Representatives for the 116th Congress requires each standing Committee, not later than January 2 of each odd-numbered year, submit to the House a report on the activities of that Committee, including separate sections summarizing the legislative and oversight activities of that Committee during that Congress. Jurisdiction RULES OF THE HOUSE Clause 1(k) of rule X of the Rules of the House of Representatives for the 116th Congress sets forth the jurisdiction of the Committee on House Administration as follows-- (1) Appropriations from accounts for committee salaries and expenses (except for the Committee on Appropriations); House Information Resources; and allowance and expenses of Members, Delegates, the Resident Commissioner, officers, and administrative offices of the House. (2) Auditing and settling of all accounts described in subparagraph (1). (3) Employment of persons by the House, including staff for Members, Delegates, the Resident Commissioner, and committees; and reporters of debates, subject to rule VI. (4) Except as provided in paragraph (r)(11), the Library of Congress, including management thereof; the House Library; statuary and pictures; acceptance or purchase of works of art for the Capitol; the Botanic Garden; and purchase of books and manuscripts. (5) The Smithsonian Institution and the incorporation of similar institutions (except as provided in paragraph (r)(11)). (6) Expenditure of accounts described in subparagraph (1). (7) Franking Commission. (8) Printing and correction of the Congressional Record. (9) Accounts of the House generally. (10) Assignment of office space for Members, Delegates, the Resident Commissioner, and committees. (11) Disposition of useless executive papers. (12) Election of the President, Vice President, Members, Senators, Delegates, or the Resident Commissioner; corrupt practices; contested elections; credentials and qualifications; and Federal elections generally. (13) Services to the House, including the House Restaurant, parking facilities, and administration of the House Office Buildings and of the House wing of the Capitol. (14) Travel of Members, Delegates, and the Resident Commissioner. (15) Raising, reporting, and use of campaign contributions for candidates for office of Representative, of Delegate, and of Resident Commissioner. (16) Compensation, retirement, and other benefits of the Members, Delegates, the Resident Commissioner, officers, and employees of Congress. Rules for the Committee on House Administration, U.S. House of Representatives, 116th Congress (Adopted February 7, 2019) Rule No. 1--General Provisions (a) The Rules of the House of Representatives are the rules of the Committee so far as applicable, except that a motion to recess from day to day is a privileged motion in the Committee. (b) The Committee is authorized at any time to conduct such investigations and studies as it may consider necessary or appropriate in the exercise of its responsibilities under rule X of the Rules of the House of Representatives and, subject to the adoption of expense resolutions as required by clause 6 of rule X of the Rules of the House of Representatives, to incur expenses (including travel expenses) in connection therewith. (c) The Committee is authorized to have printed and bound testimony and other data presented at hearings held by the Committee, and to make such information available to the public. All costs of stenographic services and transcripts in connection with any meeting or hearing of the Committee shall be paid from the appropriate House account. (d) The Committee shall submit to the House, not later than January 2 of each odd-numbered year, a report on the activities of the committee under rules X and XI of the Rules of the House of Representatives. (e) The Committee's rules shall be made publicly available in electronic form and published in the Congressional Record not later than 60 days after the Committee is elected in each odd-numbered year. Rule No. 2--Regular and Special Meetings (a)(1) The regular meeting date of the Committee shall be the second Tuesday of every month when the House is in session in accordance with clause 2(b) of rule XI of the Rules of the House of Representatives. If the House is not in session on the second Tuesday of a month, the regular meeting date shall be the third Tuesday of that month. (2) Additional meetings may be called by the Chairperson of the full Committee as the Chairperson considers necessary, or at the request of a majority of the members of the Committee in accordance with clause 2(c) of rule XI of the Rules of the House of Representatives. (3) The determination of the business to be considered at each meeting shall be made by the Chairperson subject to clause 2(c) of rule XI of the Rules of the House of Representatives. A regularly scheduled meeting may be dispensed with if, in the judgment of the Chairperson, there is no need for the meeting. (b) If the Chairperson is not present at any meeting of the Committee, the ranking member of the majority party who is present shall preside at the meeting. (c) The Chairperson, in the case of meetings to be conducted by the Committee shall make public announcement of the date, place, and subject matter of any meeting to be conducted on any measure or matter. Such meeting shall not commence earlier than the third calendar day (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day) on which members have notice thereof. If the Chairperson, with the concurrence of the ranking minority member, determines that there is good cause to begin the meeting sooner, or if the Committee so determines by majority vote, a quorum being present, the Chairperson shall make the announcement at the earliest possible date. The announcement shall promptly be made publicly available in electronic form and published in the Daily Digest. (d) The Chairperson, in the case of meetings to be conducted by the Committee shall make available on the Committee's web site the text of any legislation to be marked up at a meeting at least 24 hours before such meeting (or at the time of an announcement made within 24 hours of such meeting). This requirement shall also apply to any resolution or regulation to be considered at a meeting. Rule No. 3--Open Meetings As required by clause 2(g), of rule XI of the Rules of the House of Representatives, each meeting for the transaction of business, including the markup of legislation of the Committee shall be open to the public except when the Committee in open session and with a quorum present determines by record vote that all or part of the remainder of the meeting on that day shall be closed to the public because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, or would tend to defame, degrade or incriminate any person, or otherwise would violate any law or rule of the House. Provided, however, that no person other than members of the Committee, and such congressional staff and such other persons as the Committee may authorize, shall be present in any business or markup session which has been closed to the public. To the maximum extent practicable, the Chairperson shall cause to be provided audio and video coverage of each hearing or meeting that allows the public to easily listen to and view the proceedings and maintain the recordings of such coverage in a manner that is easily accessible to the public. Rule No. 4--Records and Rollcalls (a)(1) A record vote shall be held if requested by any member of the Committee. (2) The result of each record vote in any meeting of the Committee shall be made available for inspection by the public at reasonable times at the Committee offices, including a description of the amendment, motion, order or other proposition; the name of each member voting for and against; and the members present but not voting. (3) The Chairperson shall make the record of the votes on any question on which a record vote is demanded available on the Committee's website not later than 48 hours after such vote is taken (excluding Saturdays, Sundays, and legal holidays). Such record shall include a description of the amendment, motion, order, or other proposition, the name of each member voting for and each member voting against such amendment, motion, order, or proposition, and the names of those members of the Committee present but not voting. (4) The Chairperson shall make available on the Committee's website not later than 24 hours (excluding Saturdays, Sundays, and legal holidays) after the adoption of any amendment to a measure or matter the text of such amendment. (b)(1) Subject to subparagraph (2), the Chairperson may postpone further proceedings when a record vote is ordered on the question of approving any measure or matter or adopting an amendment. The Chairperson may resume proceedings on a postponed request at any time. (2) In exercising postponement authority under subparagraph (1), the Chairperson shall take all reasonable steps necessary to notify members on the resumption of proceedings on any postponed record vote. (3) When proceedings resume on a postponed question, notwithstanding any intervening order for the previous question, an underlying proposition shall remain subject to further debate or amendment to the same extent as when the question was postponed. (c) All Committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the member serving as Chairperson; and such records shall be the property of the House and all members of the House shall have access thereto. (d) House records of the Committee which are at the National Archives shall be made available pursuant to rule VII of the Rules of the House of Representatives. The Chairperson shall notify the ranking minority member of any decision to withhold a record pursuant to the rule, and shall present the matter to the Committee upon written request of any Committee member. (e) To the maximum extent feasible, the Committee shall make its publications available in electronic form. Rule No. 5--Proxies No vote by any member in the Committee may be cast by proxy. Rule No. 6--Power To Sit and Act; Subpoena Power (a) For the purpose of carrying out any of its functions and duties under rules X and XI of the Rules of the House of Representatives, the Committee is authorized (subject to subparagraph (b)(1) of this paragraph)-- (1) to sit and act at such times and places within the United States, whether the House is in session, has recessed, or has adjourned, and to hold such hearings; and (2) to require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, documents and other materials as it deems necessary, including materials in electronic form. The Chairperson, or any member designated by the Chairperson, may administer oaths to any witness. (b)(1) A subpoena may be authorized and issued by the Chairperson of the full Committee, in accordance with clause 2(m) of rule XI of the House of Representatives, in the conduct of any investigation or activity or series of investigations or activities within the jurisdiction of the Committee, following consultation with the ranking minority member. (2) In addition, a subpoena may be authorized and issued by the Committee in accordance with clause 2(m) of rule XI of the Rules of the House of Representatives, in the conduct of any investigation or activity or series of investigations or activities, when authorized by a majority of the Members voting, a majority of the Committee being present. Authorized subpoenas shall be signed by the Chairperson or by any Member designated by the Committee. (3) At least two business days before issuing any subpoena pursuant to paragraph (1) of this subsection, the Chairperson shall consult with the ranking minority member regarding the authorization and issuance of such subpoena, and the Chairperson shall provide a full copy of the proposed subpoena, including any proposed document schedule, at that time. (4) The requirements of paragraph (3) may be waived in the event of an exigent circumstance that does not reasonably allow for advance written notice. Rule No. 7--Quorums No measure or recommendation shall be reported to the House unless a majority of the Committee is actually present. For the purposes of taking any action other than reporting any measure, issuance of a subpoena, closing meetings, promulgating Committee orders, or changing the rules of the Committee, one- third of the members of the Committee shall constitute a quorum. For purposes of taking testimony and receiving evidence, two members shall constitute a quorum. Rule No. 8--Amendments Any amendment offered to any pending legislation before the Committee must be made available in written form when requested by any member of the Committee. If such amendment is not available in written form when requested, the Chairperson will allow an appropriate period of time for the provision thereof. Rule No. 9--Hearing Procedures (a) The Chairperson shall make public announcement of the date, place, and subject matter of any hearing to be conducted on any measure or matter at least one week before the commencement of that hearing. If the Chairperson, with the concurrence of the ranking minority member, determines that there is good cause to begin the hearing sooner, or if the Committee so determines by majority vote, a quorum being present, the Chairperson shall make the announcement at the earliest possible date. The clerk of the Committee shall promptly notify the Daily Digest Clerk of the Congressional Record as soon as possible after such public announcement is made. (b) Unless excused by the Chairperson, each witness who is to appear before the Committee shall file with the clerk of the Committee, at least 48 hours in advance of his or her appearance, a written statement of his or her proposed testimony and shall limit his or her oral presentation to a summary of his or her statement. (c) When any hearing is conducted by the Committee upon any measure or matter, the minority party members on the Committee shall be entitled, upon request to the Chairperson by a majority of those minority members before the completion of such hearing, to call witnesses selected by the minority to testify with respect to that measure or matter during at least one day of hearings thereon. (d) All other members of the Committee may have the privilege of sitting with any subcommittee during its hearing or deliberations and may participate in such hearings or deliberations, but no member who is not a member of the subcommittee shall count for a quorum or offer any motion or amendment or vote on any matter before the subcommittee. (e) Committee members may question witnesses only when they have been recognized by the Chairperson for that purpose, and only for a 5-minute period until all members present have had an opportunity to question a witness. The 5-minute period for questioning a witness by any one member can be extended as provided by clause 2(j) of rule XI of the Rules of the House of Representatives. The questioning of a witness in Committee hearings shall be initiated by the Chairperson, followed by the ranking minority member and all other members alternating between the majority and minority. In recognizing members to question witnesses in this fashion, the Chairperson shall take into consideration the ratio of the majority to minority members present and shall establish the order of recognition for questioning in such a manner as not to disadvantage the members of the majority. The Chairperson may accomplish this by recognizing two majority members for each minority member recognized. (f) The following additional rules shall apply to hearings of the Committee as applicable: (1) The Chairperson at a hearing shall announce in an opening statement the subject of the investigation. (2) A copy of the Committee rules and this clause shall be made available to each witness as provided by clause 2(k)(2) of rule XI of the Rules of the House of Representatives. (3) Witnesses at hearings may be accompanied by their own counsel for the purpose of advising them concerning their constitutional rights. (4) The Chairperson may punish breaches of order and decorum, and of professional ethics on the part of counsel, by censure and exclusion from the hearings; and the Committee may cite the offender to the House for contempt. (5) If the Committee determines that evidence or testimony at a hearing may tend to defame, degrade, or incriminate any person, it shall-- (A) afford such person an opportunity voluntarily to appear as a witness; (B) receive such evidence or testimony in executive session; and (C) receive and dispose of requests from such person to subpoena additional witnesses. (6) Except as provided in paragraph (5) of this subsection, the Chairperson shall receive, and the Committee shall dispose of, requests to subpoena additional witnesses. (7) No evidence or testimony taken in executive session may be released or used in public sessions without the consent of the Committee. (8) In the discretion of the Committee, witnesses may submit brief and pertinent sworn statements in writing for inclusion in the record. The Committee is the sole judge of the pertinence of testimony and evidence adduced at its hearing. (9) A witness may obtain a transcript copy of his testimony given at a public session or, if given at an executive session, when authorized by the Committee. Rule No. 10--Procedures for Reporting Measures or Matters (a)(1) It shall be the duty of the Chairperson to report or cause to be reported promptly to the House any measure approved by the Committee and to take or cause to be taken necessary steps to bring the matter to a vote. (2) In any event, the report of the Committee on a measure which has been approved by the Committee shall be filed within 7 calendar days (exclusive of days on which the House is not in session) after the day on which there has been filed with the clerk of the Committee a written request, signed by a majority of the members of the Committee, for the reporting of that measure. Upon the filing of any such request, the clerk of the Committee shall transmit immediately to the Chairperson notice of the filing of that request. (b)(1) No measure or recommendation shall be reported to the House unless a majority of the Committee is actually present. (2) With respect to each record vote on a motion to report any measure or matter of a public character, and on any amendment offered to the measure or matter, the total number of votes cast for and against, and the names of those members voting for and against, shall be included in the Committee report on the measure or matter. (c) The report of the Committee on a measure or matter which has been approved by the Committee shall include the matters required by clause 3(c) of rule XIII of the Rules of the House of Representatives. (d)(1) If, at the time any measure or matter is ordered reported by the Committee, any member of the Committee gives notice of intention to file supplemental, minority, additional, or dissenting views, that member shall be entitled to not less than two additional calendar days after the day of such notice, commencing on the day on which the measure or matter(s) was approved, excluding Saturdays, Sundays, and legal holidays, in which to file such views, in writing and signed by that member, with the clerk of the Committee. (2) All such views so filed by one or more members of the Committee shall be included within, and shall be a part of, the report filed by the Committee with respect to that measure or matter. (3) The report of the Committee upon that measure or matter shall be printed in a single volume which-- (A) shall include all supplemental, minority, additional or dissenting views, in the form submitted, by the time of the filing of the report, and (B) shall bear upon its cover a recital that any such supplemental, minority, additional, or dissenting views (and any material submitted under subparagraph (c)) are included as part of the report. This subparagraph does not preclude-- (i) the immediate filing or printing of a Committee report unless timely request for the opportunity to file supplemental, minority, additional, or dissenting views has been made as provided by subsection (c); or (ii) the filing of any supplemental report upon any measure or matter which may be required for the correction of any technical error in a previous report made by the Committee upon that measure or matter. (4) shall, when appropriate, contain the documents required by clause 3(e) of rule XIII of the Rules of the House. (e) The Chairperson, following consultation with the ranking minority member, is directed to offer a motion under clause 1 of rule XXII of the Rules of the House of Representatives relating to going to conference with the Senate, whenever the Chairperson considers it appropriate. (f) If hearings have been held on any such measure or matter so reported, the Committee shall make every reasonable effort to have such hearings published and available to the members of the House prior to the consideration of such measure or matter in the House. (g) The Chairperson may designate any majority member of the Committee to act as floor manager of a bill or resolution during its consideration in the House. Rule No. 11--Committee Oversight (a) The Committee shall conduct oversight of matters within the jurisdiction of the Committee in accordance with clauses 2 and 4 of rule X of the Rules of the House of Representatives. (b) Not later than March 1 of the first session of a Congress and in accordance with clause 2(d) of rule X of the Rules of the House of Representatives, the Committee shall prepare an oversight plan for that Congress. Rule No. 12--Review of Continuing Programs; Budget Act Provisions (a) The Committee shall, in its consideration of all bills and joint resolutions of a public character within its jurisdiction, ensure that appropriation for continuing programs and activities of the Federal Government will be made annually to the maximum extent feasible and consistent with the nature, requirement, and objectives of the programs and activities involved. For the purposes of this paragraph a Government agency includes the organizational units of government listed in clause 4(e) of rule X of the Rules of the House of Representatives. (b) The Committee shall review, from time to time, each continuing program within its jurisdiction for which appropriations are not made annually in order to ascertain whether such program could be modified so that appropriations therefore would be made annually. (c) The Committee shall, in accordance with clause 4(f)(1) of rule X of the Rules of the House of Representatives, submit to the Committee on the Budget (1) its views and estimates with respect to all matters to be set forth in the concurrent resolution on the budget for the ensuing fiscal year which are within its jurisdiction or functions, and (2) an estimate of the total amounts of new budget authority, and budget outlays resulting there from, to be provided or authorized in all bills and resolutions within its jurisdiction which it intends to be effective during that fiscal year. (d) Whenever the Committee is directed in a concurrent resolution on the budget to determine and recommend changes in laws, bills, or resolutions under the reconciliation process it shall promptly make such determination and recommendations, and report a reconciliation bill or resolution (or both) to the House or submit such recommendations to the Committee on the Budget, in accordance with the Congressional Budget Act of 1974. Rule No. 13--Broadcasting of Committee Hearings and Meetings Whenever any hearing or meeting conducted by the Committee is open to the public, those proceedings shall be open to coverage by television, radio, and still photography, as provided in clause 4 of rule XI of the Rules of the House of Representatives, subject to the limitations therein. Operation and use of any Committee Internet broadcast system shall be fair and nonpartisan and in accordance with clause 4(b) of rule XI of the Rules of the house of Representatives and all other applicable rules of the Committee and the House. Rule No. 14--Committee Staff The staff of the Committee on House Administration shall be appointed as follows: (a) The staff shall be appointed by the Chairperson except as provided in paragraph (b), and may be removed by the Chairperson, and shall work under the general supervision and direction of the Chairperson; (b) All staff provided to the minority party members of the Committee shall be appointed by the ranking minority member, and may be removed by the ranking minority member of the Committee, and shall work under the general supervision and direction of such member; (c) The appointment of all professional staff shall be subject to the approval of the Committee as provided by, and subject to the provisions of, clause 9 of rule X of the Rules of the House; (d) The Chairperson shall fix the compensation of all staff of the Committee, after consultation with the ranking minority member regarding any minority party staff, within the budget approved for such purposes for the Committee. Rule No. 15--Travel of Members and Staff (a) Consistent with the primary expense resolution and such additional expense resolutions as may have been approved, the provisions of this rule shall govern travel of Committee members and staff. Travel for any member or any staff member shall be paid only upon the prior authorization of the Chairperson or her or his designee. Travel may be authorized by the Chairperson for any member and any staff member in connection with the attendance at hearings conducted by the Committee and meetings, conferences, and investigations which involve activities or subject matter under the general jurisdiction of the Committee. Before such authorization is given there shall be submitted to the Chairperson in writing the following: (1) The purpose of the travel; (2) The dates during which the travel will occur; (3) The locations to be visited and the length of time to be spent in each; and (4) The names of members and staff seeking authorization. (b)(1) In the case of travel outside the United States of members and staff of the Committee for the purpose of conducting hearings, investigations, studies, or attending meetings and conferences involving activities or subject matter under the legislative assignment of the committee, prior authorization must be obtained from the Chairperson. Before such authorization is given, there shall be submitted to the Chairperson, in writing, a request for such authorization. Each request, which shall be filed in a manner that allows for a reasonable period of time for review before such travel is scheduled to begin, shall include the following: (A) the purpose of the travel; (B) the dates during which the travel will occur; (C) the names of the countries to be visited and the length of time to be spent in each; (D) an agenda of anticipated activities for each country for which travel is authorized together with a description of the purpose to be served and the areas of committee jurisdiction involved; and (E) the names of members and staff for whom authorization is sought. (2) At the conclusion of any hearing, investigation, study, meeting or conference for which travel outside the United States has been authorized pursuant to this rule, members and staff attending meetings or conferences shall submit a written report to the Chairperson covering the activities and other pertinent observations or information gained as a result of such travel. (c) Members and staff of the Committee performing authorized travel on official business shall be governed by applicable laws, resolutions, or regulations of the House and of the Committee on House Administration pertaining to such travel. Rule No. 16--Staff Deposition Authority The Chairperson may authorize the staff of the Committee to conduct depositions pursuant to section 3(a) of H. Res. 6, 116th Congress, and subject to any regulations issued pursuant thereto. Rule No. 17--Number and Jurisdiction of Subcommittees (a) There shall be one standing subcommittee, with party ratios of members as indicated. The subcommittee shall have jurisdiction as stated by these rules, may conduct oversight over such subject matter, and may consider such legislation as may be referred to them by the Chairperson. The name and jurisdiction of the subcommittee shall be: (1) Subcommittee on Elections (3/1)--.Matters relating to voting rights issues and such other matters as may be referred to the subcommittee. (b) No subcommittee shall meet during any full Committee meeting or hearing. (c) The Chairperson may establish and appoint members, consistent with the ratio between majority and minority members serving on the Subcommittee on Elections, to serve on task forces, panels, special, or select subcommittees of the Committee, to perform specific functions for limited periods of time, as the Chairperson deems appropriate. Rule No. 18--Referral of Legislation to Subcommittees The Chairperson may refer legislation or other matters to a subcommittee as the Chairperson considers appropriate. The Chairperson may discharge the subcommittee of any matter referred to it. Rule No. 19--Powers and Duties of Subcommittees The subcommittee is authorized to meet, hold hearings, receive evidence and report to the full committee on all matters referred to it. No subcommittee shall meet during any Committee meeting. Rule No. 20--Other Procedures and Regulations The Chairperson may establish such other procedures and take such actions as may be necessary to carry out the foregoing rules or to facilitate the effective operation of the committee. Rule No. 21--Designation of Clerk of the Committee For the purposes of these rules and the Rules of the House of Representatives, the staff director of the Committee shall act as the clerk of the Committee. Membership and Organization of the Committee on House Administration ONE HUNDRED SIXTEENTH CONGRESS COMMITTEE ON HOUSE ADMINISTRATION (Ratio: 6-3) Zoe Lofgren, California, Chairperson Jamie Raskin, Maryland Rodney Davis, Illinois, Ranking Susan Davis, California Member G. K. Butterfield, North Carolina Mark Walker, North Carolina Marcia L. Fudge, Ohio Barry Loudermilk, Georgia Pete Aguilar, California SUBCOMMITTEE MEMBERSHIP SUBCOMMITTEE ON ELECTIONS (Ratio: 3-1) Marcia L. Fudge, Ohio, Chair G. K. Butterfield, North Carolina Rodney Davis, Illinois, Ranking Pete Aguilar, California Member Committee Organization The Committee on House Administration organized on February 7, 2019, the Honorable Zoe Lofgren presiding. During the organizational meeting the Committee adopted the Rules of the Committee for the 116th Congress Committee Resolution 116-01). The Committee also reconstituted the Subcommittee on Elections and established its jurisdiction and membership (Committee Resolution 116-02). The Committee approved five additional Committee Resolutions: Committee Resolution 116-03, to adopt the Parking Policy for the 116th Congress; Committee Resolution 116-04, to promulgate regulations regarding mandatory anti- harassment and anti-discrimination policies for House offices; Committee Resolution 116-05, to promulgate regulations regarding the use of exercise facilities; Committee Resolution 116-06, to promulgate regulations regarding Eligible Congressional Member Organizations; and Committee Resolution 116-07, to promulgate regulations regarding displaying a statement of rights and protections provided to House employees. COMMITTEE STAFF MAJORITY STAFF Jamie Fleet, Staff Director Khalil Abboud, Deputy Staff Director Enumale Agada, Oversight Counsel (October 2020-Present) Aaron Allen, Professional Staff (February 2019-June 2019) Hector Arias, Staff Assistant (April 2019-June 2020) Patrick Briggs, Professional Staff Member (April 2020-Present) Sydney Burns, Staff Assistant (January 2019-August 2019) Georgina Cannan, Elections Counsel (October 2019-Present) Kylie Carpenter, Professional Staff--Franking (July 2019- Present) Hannah Carr, Staff Assistant (May 2019-Present) Meredith Connor, Professional Staff (January 2019-July 2019; September 2019-November 2019) Matt Defreitas, Franking Staff Director Arwa Dubad, Professional Staff- Franking (October 2019-Present) Eddie Flaherty, Chief Clerk Mannal Haddad, Press Secretary (March 2019-May 2020) Kemba A. Hendrix, Diversity Director (January 2019-March 2020) Robert Henline, Director of Member Services Elizabeth L. Hira, Elections Counsel (January 2019-October 2019) Kaluni Jalata, Elections Counsel (September 2019-Present) Brandon Jacobs, Legislative Clerk (March 2020-Present) Sean Jones, Legislative Clerk (January 2019-February 2020) Aaron Lasure, Professional Staff (March 2019-Present) Mariam Malik, Staff Assistant (January 2019-September 2020) Jose Morales, Staff Assistant (February 2020-Present) Teri Morgan, Deputy Staff Director Sarah Nasta, Elections Counsel (March 2019-Present) Giancarlo Pellegrini, Elections Counsel (November 2019-Present) Tanya Sehgal, Senior Elections Counsel (January 2019-January 2020) Stephen E. Spaulding, Elections Counsel (January 2019-October 2020) Matt Schlesinger, Oversight Counsel (August 2019-Present) Sai Singh, Staff Assistant (August 2020-Present) Daniel Taylor, Deputy Staff Director and Chief Counsel (March 2019-Present) David Tucker, Senior Counsel and Parliamentarian Peter Whippy, Communications Director Gina Wright, Professional Staff-- Franking (April 2019-September 2019) Sean Wright, Senior Elections Counsel (October 2020-Present) Natalie Young, Press Secretary (July 2020-Present) MINORITY STAFF Jen Daulby, Republican Staff Director (February 2019-Present) Jaide Barja, Staff Assistant (October 2020-Present) Kimberly Betz, Republican General Counsel (January 2019) Thomas Blanford, Staff Assistant (February 2019-May 2019) Jeyben Castro, Director of Diversity & Inclusion (February 2020-May 2020) Austin Cho, Administrative Assistant (January 2019) Elisabeth Conklin, Professional Staff (April 2019-Present) Nick Crocker, Director of Member Services Mary S. Englund, Director, Administration and Operations (January 2019-May 2020) Roberto Estrada Lobo, Professional Staff, (April 2019-Present) Cole Felder, Republican General Counsel (February 2019-August 2020) Caleb Hays, Chief Legal Counsel for Elections (August 2020- Present) Daniel Jarrell, Professional Staff (January 2019-February 2019) Susannah Johnston, Professional Staff (September 2019-Present) Keighle Joyce, Counsel Clerk (October 2019-Present) Joy Lee, Counsel (March 2019-July 2019) Tim Monahan, Deputy Staff Director Aubrey Neal, Director of Modernization Initiatives (December 2020-Present) Courtney Parella, Communications Director (January 2019-May 2020) Brittany Randall, Director of Member Services (January 2019- January 2020) Jesse Roberts, Counsel (February 2019-September 2020) Janet Schwalb, Director of Administration Timothy Sullivan, Republican Franking Staff Director (January 2019-September 2020) Oversight Plan for the 116th Congress Clause 2(d) of rule X of the Rules of the House of Representatives states: (d)(1) Not later than March 1 of the first session of a Congress, the chair of each standing committee (other than the Committee on Appropriations, the Committee on Ethics, and the Committee on Rules) shall-- (A) prepare, in consultation with the ranking minority member, an oversight plan for that Congress; (B) provide a copy of that plan to each member of the committee for at least seven calendar days before its submission; and (C) submit that plan (including any supplemental, minority, additional, or dissenting views submitted by a member of the committee) simultaneously to the Committee on Oversight and Reform and the Committee on House Administration. Accordingly, the Committee submitted the following oversight plan in accordance with this provision: COMMITTEE ON HOUSE ADMINISTRATION Oversight Plan for the 116th Congress Committee on House Administration MEMBER SERVICES
Oversee Members' allowance amounts, including structure and regulations. Provide guidance and outreach to congressional offices to ensure compliance with committee regulations. Review and revise the Members' Congressional Handbook, a set of regulations governing the appropriate use of the Members' Representational Allowance. Review and revise the guide to outfitting and maintaining an office of the United States House of Representatives, a set of regulations governing the acquisition, transfer, and disposal of furnishings, equipment, software, and related services. Review the calculation of the Members' Representational Allowance and ensure that all members have adequate resources for representing their constituents. Oversee the processing of vouchers and direct payments, including those for payroll. Continue to monitor the implementation of the electronic vouchering system. Work with the Officers of the House, the Architect of the Capitol and the legislative branch agencies to provide meaningful outreach to member offices and provide that the views of member offices are incorporated into their ongoing work. New Member Orientation Plan, implement, and oversee the New Member Orientation program for newly-elected Members of Congress. Oversee the planning and implementation of the Congressional Research Service new member issues seminar in Williamsburg. Work with the Congressional Research Service and other support agencies to make available additional on-going professional development services for new members and staff. Intern program In coordination with the Senate Committee on Rules and Administration, organize, administer, and oversee the intern lecture series. Review and consider revising the intern handbook and other publications and communication materials used in support of the intern program. Continue and expand the Gregg and Livingston Harper congressional internship program for individuals with intellectual disabilities. COMMITTEE FUNDING AND OVERSIGHT Review monthly reports on committee activities and expenditures. Review the Committees' Congressional Handbook regulations governing expenditure of committee funds and update regulations as needed. Review primary and any secondary expense resolutions and approve authorization of committee-funding levels in committee and by House Resolution. Review committees' franking expenditures. Review the use of consultant contracts. CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 Monitor implementation of the Congressional Accountability Act of 1995 (P.L. 104-1, 109 Stat. 3) and the reforms provided for in P.L. 115-397 (132 Stat. 5297). Monitor the development and deployment of the climate survey. Review data on workplace rights information. Review regulations adopted by the Office of Congressional Workplace Rights. Evaluate resources available to the Office of Congressional Workplace Rights and House employing offices to facilitate implementation of the Act. Conduct general oversight of the office of Office of Congressional Workplace Rights. Conduct specific oversight of the implementation of the Office of Congressional Workplace Rights IT system. Monitor ongoing judicial proceedings to determine the impact on the Congressional Accountability Act. Monitor for the ongoing anti-harassment and anti- discrimination workplace rights training, including development of the curriculum and administration of in district trainings. Oversee the Office of Employee Advocacy. FRANKING COMMISSION Oversee the Members' use of the congressional frank and other unsolicited mass communications by providing guidance, advice, and counsel through consultation or advisory opinions. Review proposals to modernize the franking practices of Members, and regulations governing such mailings and communications. Monitor current prohibition on mass mailings 90 days before a primary or general election. Oversee efforts to ensure compliance with franked mailings and communications reporting requirements, and the Chief Administrative Officer's (CAO) implementation of new digital form procedures. Implement approved procedures to increase transparency and improve the accounting of franked mail costs. Revise the regulations on the use of the congressional frank and rules on practice in proceedings before the House Commission on Congressional Mailing Standards. Coordinate with the Member Services team to update, refine, and modernize policies related to the official use of communications resources. Coordinate with the Clerk of the House and CAO to identify and implement new applications, resources, and procedures for the House to be more transparent, accountable, accessible, and to meet Member and Committee office's obligations related to official communications. HOUSE OFFICERS AND HOUSE OPERATIONS Coordinate with House Officers and officials to develop long term plans and goals for the administrative, financial and administrative functions of the House. Oversee an effort to recruit and retain a more diverse workforce among all the House Officers. Work with House Officers to identify and reduce spending and create more cost effective and efficient operations within the House. Analyze management improvement proposals and other initiatives submitted by the House Officers, the Inspector General, the Capitol Police Board, the Architect of the Capitol, the Library of Congress, and other legislative branch agencies. Coordinate with the Subcommittee on Legislative Branch Appropriations on matters impacting operations of the House and joint entities. Provide policy guidance to the House Officers, Inspector General and the joint entities as appropriate. Oversee compliance with the House Employee Classification Act (2 U.S.C. Sec. Sec. 291 et seq.). Assure coordination among officers and joint entities on administrative and technology matters, including reviewing existing IT security policies. Provide policy guidance and conduct oversight of security and safety issues and congressional entities charged with such roles. Assure coordination among officers and joint entities on the development of a comprehensive district office support program. Chief Administrative Officer Provide policy direction for the Chief Administrative Officer. Continue the review of functions and administrative operations assigned to the Chief Administrative Officer. Review existing asset management processes. Review House procurement policies and monitor the effectiveness of the Chief Administrative Officer's procurement and contract management functions. Review procedures for processing contracts with the House that exceed the threshold of $350,000. Continue to review ongoing process and technology upgrades to the House financial management system and ensuring appropriate internal controls are in place. Monitor reforms to the Office of Finance and Payroll and Benefits as provided for by the Inspector General and outside consultants. Review and oversee information technology services provided, maintained or hosted by House Information Resources. Continue oversight of failsafe procedures to guarantee continuity of operations. Review new technology initiatives to better serve members, committees, and the public. Review semi-annual financial and operational status reports; oversee implementation of changes in operations to improve services and increase efficiencies. Review training offerings available to members and staff through the congressional staff academy. Review the development and roll-out of the CAO's customer advocate program. Review the operations of the House gift shop and its management. Continued review of House restaurant operations; furniture policy, inventory and selection; and alternatives to the current mail delivery process to strengthen the services and tools available to members and staff. Examine Chief Administrative Officer's role in assuring accessibility to the House wing of the Capitol, the House office buildings and other House facilities consistent with the Americans with Disabilities Act. Review staff benefits offered by the House and proposals to modify benefits. Review the Wounded Warrior Program and develop recommendations, in consultation with veteran's organizations, about improvements to the program. Review the officially sanctioned ``Congressional App Challenge.'' Clerk of the House Review and approve contracts and requests for proposals by the Clerk that exceed the $350,000 spending threshold. Review the Clerk's current IT configuration and redundancy posture. Oversee the House document repository. Review standards for the electronic exchange of legislative information among the houses of congress and legislative-branch agencies. Coordinate on matters under the jurisdiction of the House Fine Arts Board and the Capitol Preservation Board. Continue review of functions and administrative operations assigned to the Clerk. Review of semi-annual financial and operational status reports; recommend changes in operations to improve services and increase efficiencies. Review the printing needs of the Clerk to evaluate the potential for eliminating duplication. Review the application programming interface incorporated in the Clerk's newly-developed website. Oversee preparation of congressionally-authorized publications. Sergeant-at-Arms Review and oversee security operations in the House, including the House Chamber, the galleries, the Capitol, House Office Buildings, Capitol Grounds, and district offices. Review and oversee initiatives designed to increase security and security awareness for Members and staff in district offices. Review annual financial and operational status reports; recommend changes in operations to improve services and increase efficiencies. Review impact of electronic access to controlled spaces. Continue review of functions and administrative operations assigned to the Sergeant-at-Arms. Review the security operation of House parking facilities, regulations, and allocation of parking spaces. Consult with the Sergeant-at-Arms on policies adopted by the Capitol Police Board. Review the policies and procedures for visitor access to the Capitol. Examine Sergeant-at-Arms' role in assuring accessibility to the House wing of the Capitol, the House Office Buildings, and other House facilities consistent with the Americans with Disabilities Act. Review staff ID standards. Review the impact on staff of garage security implementation. Review the use of technology generally in the protection of the House of Representatives. Review the effectiveness of district office security program, including the law enforcement coordinator program, enterprise-wide security system contract, and processes for mail sent to the district offices. House Inspector General Review, and approve, proposed audit plan and audit reports, including the annual financial statements audit. Ensure that audits and their prioritization is based upon the assessment of risk to the operations of the House. Review comprehensive financial and operational audits of the House, investigate any irregularities uncovered, and monitor necessary improvements. Monitor progress of House audits. Continue review of functions and administrative operations assigned to the Inspector General. Direct Inspector General to conduct management advisories to improve implementation and operation of key House functions. House Diversity Office Pursuant to House Resolution 6, oversee and direct implementation of the diversity office. Collaborating with the legislative branch appropriations subcommittee, oversee requirement for employment related survey of the congressional workforce. Review and assess diversity plan for each legislative branch agency. OVERSIGHT OF LEGISLATIVE BRANCH AND OTHER ENTITIES Information and technology coordination Oversee, in conjunction with the Senate, forums for the sharing of technology plans and capabilities among the legislative branch agencies. Oversee, in conjunction with the Senate, the legislative branch cybersecurity working group with the goal of developing and implementing it standards across the legislative branch. Oversee management of the congress.gov website. Oversee work of the legislative branch financial managers' council. Provide direction to the Bulk Data Task Force. Library of Congress Conduct a review of the progress that the Library has made in providing public access to government information, especially in electronic form. Continue oversight of the development of the Library's Visitor Experience project. Continue oversight of Library of Congress operations, including inventory and cataloguing systems. Continue oversight of Law Library operations. Continue oversight of Congressional Research Service operations and consider any need to modify management and organizational structure of the service. Review implementation of the Library of Congress Fiscal Operations Improvement Act of 2000 (P.L. 106-481, 114 Stat. 2187), the Veterans' Oral History Project Act (P.L. 106- 380, 114 Stat. 1447), the National Recording Preservation Act of 2000 (P.L. 106-474, 114 Stat. 2085), and the History of the House Awareness and Preservation Act (P.L. 106-99, 113 Stat. 1330). Consider human-resources legislation proposed by the Library. Review the use of technology generally in Library of Congress operations, and specifically the ongoing work to centralize technology operations consistent with the guidance from the general accountability office. Continue oversight of the Library's technology hosting environment transition. Review reports by Library of Congress Inspector General and implementation of audit recommendations. Examine options to improve operation and structure of the Library of Congress Inspector General's office. Focus oversight on national library services to provide the most effective service to their library partners, explore ways to increase the number of users under 65, review the format and content for those users and review proposals for a new physical headquarters. Copyright Office Review the progress that the Copyright Office has made in providing copyright application and registration data (both past and current) online. Review the use of technology generally in Copyright Office operations, and specifically the office's modernization efforts. Conduct a review of the Copyright Office's efforts to communicate its modernization efforts to stakeholders. Conduct a review of security measures and processes for e-deposits submitted to both the Copyright Office and Library of Congress. Conduct a review of the Copyright Office's spending authority and its ability to budget for multi-year capital projects. Conduct a review of the examination process with a focus on the Copyright Office's initiatives aimed at improving examination efficiencies and reducing application pendency. Review availability of customer service support options available to applicants. Review Copyright Office rulemaking authority and processes. Review Copyright Office fee setting authority and the office's process for determining the actual cost of services they provide. United States Capitol Police (USCP) Monitor administrative operations of the agency, including budgetary management, over-time use, civilian component, attrition rates, recruitment efforts and incentive programs for officers and civilian employees. Review proposals for additional USCP authorities, facilities and equipment. Review analysis of uniformed officer post/duty assignments to determine and authorize force levels to meet the agency's security requirements within the Capitol complex to include the Capitol Visitor Center, the Library of Congress, and U.S. Botanic Garden. Conduct oversight on House-garage security implementation. Conduct oversight of the effectiveness of USCP pre-screeners. Review and consider proposals to improve USCP training program for new recruits, and in-service training. Authorize and oversee the installation and maintenance of new security systems and devices proposed by the police board. Review and authorize regulations prescribed by the police board for use of law enforcement authority by the Capitol Police. Examine Capitol Police role in assuring accessibility to the House wing of the Capitol, House Office Buildings and other facilities consistent with the Americans with Disabilities Act. Review reports by USCP Inspector General and implementation of audit recommendations. Examine options to improve operation and structure of the USCP Inspector General's Office. Review processes for ensuring adequate physical security for Members of Congress. Government Publishing Office (GPO) Oversee operations of the Government Publishing Office, including the Superintendent of Documents. Review and adopt legislative proposals to reform government printing by eliminating redundancies and unnecessary printing, increasing efficiency, and enhancing public access to government publications. Continue efforts to reform title 44, United States Code, particularly provisions related to the Federal Depository Library Program. Monitor implementation of remedial actions taken by management to address audit issues identified by the GPO Inspector General and outside financial auditors. Review the printing needs of the House of Representatives to identify the potential for eliminating duplication. Examine current GPO printing and binding regulations to determine advisability of change. Oversee Superintendent of Documents' sales and depository library programs. Review GPO labor practices and labor agreements. Review use of GPO facilities and other assets to identify possible alternatives enhancing value to the Congress and the public. Architect of the Capitol (AOC) Review the operations and organizational structure of the office of the Architect. Participate in the selection process of a permanent Architect of the Capitol. Review the electronic and procured services provided by the Architect. Oversee Architect of the Capitol's maintenance of House Buildings and the House side of the Capitol, and review plans for rehabilitation of House Buildings, including oversight over the Cannon House Office Building renovation. Continue oversight of life safety measures, accessibility measures, and improved evacuation mechanisms in House buildings. Review the AOC office of sustainability's efforts to reduce energy and waste consumption by the Capitol Complex. Oversee operations of the Capitol Visitor Center including the re-design of Exhibition Hall, in conjunction with the Senate Committee on Rules and Administration. Review and identify ways to create organizational- wide efficiencies and standards across all divisions of the AOC. Review reports by Architect of the Capitol Inspector General and implementation of audit recommendations. Examine options to improve operation and structure of the Architect of the Capitol Inspector General's office. Inventory space requirements for unmet and growing child care needs to employees of the legislative branch and incorporate child care space planning into the master campus plan. Review the pest management practices of the AOC. Office of Congressional Accessibility Services Oversee management and operations of Office of Congressional Accessibility Services, such as the implementation of the Americans with Disabilities Act (ADA), in conjunction with Senate Committee on Rules and Administration. Smithsonian Institution Review the Smithsonian Inspector General's reports on the status of the Smithsonian, with a focus on cybersecurity. Oversee general museum and research facility operations of the Smithsonian Institution. Review and evaluate the Smithsonian Institution's use of authorized public funds. Review proposed appointments of citizen regents to the Smithsonian Institution's Board of Regents. Review proposals for authorization of new Smithsonian facilities, including the National Women's History Museum and the National Museum of the American Latino. Review Smithsonian policies regarding initiation of planning, design, and construction of projects. Review operations of the National Zoo. Oversee Smithsonian science and research facilities including the work being conducted in Panama. Oversee the development of the partnership with the Victoria and Albert Museum in London, England. Review operations and conduct oversight of Smithsonian enterprises. Review any proposals to charge fees for admission to any Smithsonian exhibits. TECHNOLOGY USE BY THE HOUSE Continue oversight of House Information Resources and other technology functions of the House to improve technology governance, services and the electronic dissemination of information. Review and consider recommendations made by the National Academy of Public Administration in regard to enhancing technology assessment capabilities within the legislative branch. Review cyber security measures and develop strategic plans to improve policies. Review technology standards for hearing rooms as they relate to the committee broadcast program. Oversee and continue to implement an enterprise House disaster recovery program for House offices, standing and select Committees, and Member offices. Task the House Officers to develop and coordinate a House strategic technology plan. Oversee plan for deployment of 5G (the fifth- generation technology standard for broadband cellular networks). Oversee continuation and streamlining of House technology assessment in both new media and cloud services. In cooperation with Member Services, review available technology necessary to support New Member Orientation. Review procedures and standards for technology services provided by outside vendors, individuals, and other entities. Work with legislative branch agencies to communicate available technology services to all Member, Committee and Leadership Offices. OVERSIGHT OF FEDERAL ELECTION LAW AND PROCEDURES Recommend disposition of House election contests pending before the committee; monitor any disputed election counts. Use authority under Article I, Section 4 of the United States Constitution to provide equivalent opportunities for voters to participate in federal elections. Review operations of the Federal Election Commission (FEC) and evaluate possible changes to improve efficiency, improve enforcement of the Federal Election Campaign Act, and improve procedures for the disclosure of contributions and expenditures. Consider authorization issues and make recommendations on the FEC's budget. Review federal campaign-finance laws and regulations, including presidential and congressional public financing, and consider potential reforms. Examine the role and impact of political organizations on federal elections. Review operations of the Election Assistance Commission (EAC) and evaluate possible changes to improve efficiency and improve implementation of the Help America Vote Act (HAVA). Examine the impact of amendments made by HAVA and the Military and Overseas Voter Empowerment Act (MOVE Act) to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and consider proposals to improve voting methods for those serving and living abroad. Build the congressional record in support of a reauthorized national Voting Rights Act. Review state and federal activities under the National Voter Registration Act to identify potential for improvement to voter registration and education programs and reducing costs of compliance for state and local government. Review all aspects of registration and voting practices in federal elections. Monitor allegations of fraud and misconduct during all phases of federal elections and evaluate measures to improve the integrity of the electoral process. ADDITIONAL MINORITY VIEWS ON OVERSIGHT OF FEDERAL ELECTION LAW AND PROCEDURES The majority election oversight plan covers the jurisdiction of the Committee and we share in most of these objectives. However, we differ in the priority of these objectives. As the 116th Congress progresses we hope to work with the majority in ensuring the integrity of our nation's election infrastructure, the rights of states to run their own elections without undue federal regulation, and the prohibition against predatory election tactics such as ballot harvesting. Legislative and Oversight Activities OVERVIEW The Committee is responsible for providing oversight over the operations of the House, House Officers, the Smithsonian Institution, the Library of Congress, and federal elections. Federal Elections The Committee conducted extensive oversight of the federal elections process during the 116th Congress. Examining all facets of the voting experience, the Committee and Subcommittee on Elections held numerous hearings and sent oversight letters gathering critical information on the U.S. election process. The Committee held five full committee hearings, examining equitable access to American democracy, the security of our elections, the Election Assistance Commission (EAC), election machine vendors, and voting safely during the COVID-19 pandemic. The Committee sent three oversight letters to the EAC, three oversight letters to the Federal Election Commission (FEC), and two oversight letters to voting system vendors. In addition, the Subcommittee on Elections held eight hearings and a listening session in 2019 examining the state of voting rights and election administration across America. These hearings enabled the American people to relate their experiences in voting and gathered evidence of the ongoing discrimination and voter-suppression efforts happening throughout the country, especially efforts that immediately followed the United States Supreme Court decision in Shelby County v. Holder.\1\ The Committee issued a report prepared by staff of the Subcommittee on Elections, which was led by Chairperson Marcia L. Fudge, Voting Rights and Election Administration in the United States of America, which was included in the report accompanying H.R. 4--the Voting Rights Advancement Act.\2\ --------------------------------------------------------------------------- \1\570 U.S. 529 (2013). \2\Comm. on Judiciary, Voting Rights Advancement Act of 2019, 109- 251, H. Rept. 116-317, 116th Cong. (2019). --------------------------------------------------------------------------- In 2020, the Subcommittee held hearings on Native American voting rights, the impact of COVID-19 on voting, voting in the U.S. territories, and combatting misinformation in the 2020 election. Additionally, the Committee supported election administration oversight efforts in connection with U.S. Postal Service (USPS) issues leading up to the 2020 election, joining an oversight letter sent to USPS. The Committee also joined the Select Subcommittee on the Coronavirus Crisis, of the Committee on Oversight and Reform, to send oversight letters to election officials in Florida, Georgia, Texas, and Wisconsin, with an additional oversight letter sent to Texas. Legislative Branch Operations House Officers are provided for in the U.S. Constitution.\3\ During the 116th Congress, the Committee worked extensively with the House Officers to develop and implement long term plans, increase efforts to recruit and retain a more diverse workforce, improve efficiency, review proposed management improvements, provide general policy guidance, oversee policy compliance, facilitate coordination among the House Officers, oversee security and safety issues and create a comprehensive district office support program. --------------------------------------------------------------------------- \3\``The House of Representatives shall chuse their Speaker and other officers'' (U.S. Const. art. I, sect. 2, cl.5). --------------------------------------------------------------------------- The Committee conducted robust oversight over the Clerk of the House, reviewing relevant contracts, information technology capabilities, standards for electronic exchange of legislative information within the Legislative Branch, the development and launch of a new website, House printing needs and other business practices. The Committee also oversaw the House Document Repository, the preparation of congressionally authorized publications such as Women in Congress and the activities of the House Fine Arts Board and Capitol Preservation Board. The Committee's oversight activities with respect to the House Sergeant-at-Arms included a general review of House security operations. It also included oversight of the implementation of initiatives designed to increase security at district offices and a review of electronic access to controlled spaces, financial and operational status reports, security in House parking facilities, visitor access policies, compliance with the Americans with Disabilities Act, staff ID standards and technology in general. The Committee provided significant policy direction and oversight to the CAO, reviewing processes pertaining to asset management, procurement, contract management, financial management, payroll and benefits, information technology, Member and staff training, customer service (including the customer advocate program), the House gift shop, restaurants, mail and furniture, accessibility, staff benefits, officially- sanctioned contests such as the Congressional App Challenge and programs like the Wounded Warrior Program. The Committee also established in the CAO the SPF Sean Cooley and SPC Christopher Horton Congressional Gold Star Family Fellowship Program, modeled after the successful Wounded Warrior Program. The Committee worked closely with House Information Resources (HIR), a CAO business unit dedicated to information technology and cybersecurity. The Committee conducted oversight of HIR and other technology functions of the House to improve technology governance, services and electronic information dissemination. The Committee reviewed cybersecurity measures, hearing room technology standards, and procedures and standards with respect to external vendors and oversaw a streamlining of technology assessment procedures. The Committee continues to oversee the House Disaster Recovery Program and continues to work with HIR on a strategic plan with respect to technology. Additional detail on HIR oversight can be found within this report. The Committee also exercises oversight authority over the House Office of Inspector General, which provides nonpartisan recommendations for improving the performance, accountability, and integrity of House operations. The Committee worked with the Office of Inspector General to review and approve its audit plan and reports, including the annual financial statements audit, considering the various risks to House operations. The Committee also directed the Inspector General to conduct management advisories and continued to review the Office of Inspector General's administrative operations. The Committee worked to stand up and conduct oversight of the new House Office of Diversity and Inclusion. Together with the Legislative Branch Appropriations Subcommittee, the Committee oversaw an employment survey and reviewed diversity plans for legislative branch agencies. The Committee oversaw the establishment of the House Office of the Whistleblower Ombudsman, created in the House Rules package passed at the outset of the 116th Congress, to develop best practices for whistleblower intake for House offices and provide trainings to House offices on how to safely and confidentially receive information from whistleblowers. The Committee's oversight work extends to other Legislative Branch entities, including the Library of Congress (Library) United States Capitol Police (USCP), Government Publishing Office (GPO), Architect of the Capitol (AOC), Office of Congressional Accessibility Services, and the Smithsonian Institution. The Committee provided oversight of plans for collaboration among these entities, particularly in the context of technology and cybersecurity. The Committee also provided oversight of the Legislative Branch Financial Managers' Council and provided general direction to the Bulk Data Task Force. The Committee provided extensive oversight of the Library of Congress, including the Visitor Experience project and other initiatives designed to increase youth engagement, digitization of government information, and information technology modernization and centralization. The Committee also reviewed implementation of several initiatives required by law, such as the Veterans' Oral History Project Act and the Library of Congress Fiscal Operations Improvement Act. Moreover, the Committee provided detailed oversight on several Library units, including the Law Library, Congressional Research Service and National Library Service for the Blind and Print Disabled. Particular emphasis was placed on the United States Copyright Office (USCO), which is in the process of a technology modernization initiative designed to make the USCO systems more secure, efficient, and stakeholder friendly. This initiative takes into account stakeholder input and addresses recordation, registration and other vital copyright functions. The Committee provided detailed oversight of the USCP. The Committee's activities included monitoring agency operations, reviewing USCP proposals for new trainings and additional authorities, analyzing force levels, and conducting oversight of the garage-security program, pre-screeners and new security systems and devices. The Committee also reviewed and authorized regulations set forth by the Capitol Police Board, examined the USCP role in ensuring compliance with the Americans with Disabilities Act, reviewed USCP Inspector General reports and recommendations, and continually reviewed processes for ensuring adequate physical security for Members, their families, and staff. It should be noted that further accountability measures were included in the omnibus funding and coronavirus legislation, H.R. 133, the Consolidated Appropriations Act for Fiscal Year 2021, that was agreed to by both the House and Senate on December 21, 2020 and signed by the President on December 27, 2020. The Committee also conducted oversight activities with respect to GPO. The Committee conducted oversight of general GPO operations, including the Superintendent of Documents. It also worked with GPO leadership to enact legislation to reform operations to increase efficiency, continued to review potential changes to The Federal Depositary Library Program, monitored the remediation of management issues identified by the GPO Inspector General, and reviewed House printing needs, GPO printing and binding regulations, labor practices and labor agreements, and use of GPO facilities and other assets. The Committee worked closely with the AOC in an oversight capacity. Much of the Committee's focus centered on the Cannon House Office Building Rehabilitation project. Phase Two of the project will be complete and delivered by the transition to the 117th Congress. The Committee also reviewed the operations and organizational structure of the AOC, participated in the selection of Brett Blanton as the new Architect, and oversaw maintenance of the House side of the Capitol and House Office Buildings, life safety and accessibility measures, sustainability efforts, and operations of the Capitol Visitor Center, including the redesign of Exhibition Hall. The Committee's oversight activities also included reviews of AOC Inspector General recommendations, opportunities to create organizational wide efficiencies and standards, the pest management practices, and inventory space requirements. The Committee conducted oversight of the Office of Congressional Accessibility Services. This oversight included general monitoring of the implementation of the Americans with Disabilities Act and ensuring that the Capitol complex, along with Legislative Branch websites, are accessible. With respect to Member Services, the Committee provided oversight of the Members' Representational Allowance (MRA) by providing guidance to Member offices and revised the Members' Congressional Handbook which governs, among other things, the MRA. The Committee also worked with Member and Committee offices to ensure compliance with relevant regulations; reviewed and revised relevant handbooks; reviewed regulations pertaining to acquisition, transfer, and disposal of House furnishings, equipment, and software; and collaborated with House Officers and other Legislative Branch entities to ensure that the views of Member offices are heard and understood. The Committee also worked with the CAO as it continued to implement the electronic vouchering system as a means of streamlining the payment of vendors. With respect to committees specifically, the Committee reviewed expense resolutions, approved committee funding levels, and reviewed the use of consultant contracts. In addition, the Committee facilitated the longest New Member Orientation program in the history of the House of Representatives. Notwithstanding the challenges posed by the COVID-19 pandemic, the Committee worked with the Congressional Research Service to provide issues briefings and professional development services for new Members and their staff which, for the first time, included a paid transition aide. In another first, the Committee oversaw the creation of a paid internship program. The Committee also reviewed and revised publications and communications used to support the intern program and continued to support the Gregg and Livingston Harper congressional internship program. The Congressional Accountability Act of 1995 (CAA) requires Congress and legislative branch entities to follow many of the same employment and workplace safety laws applied to private business and the rest of the federal government. During the 116th Congress, the Committee conducted oversight of the Office of Congressional Workplace Rights (OCWR) and other House entities with responsibility for enforcement of the Congressional Accountability Act. The Committee reviewed the content development and deployment of the climate survey as provided for by P.L. 115-397 (132 Stat. 5297) and oversaw the completion of a new IT intake system for complaints allowing employees to file online. The Committee also oversaw changes to the updated the Workplace Rights and Responsibilities training program to more specifically tailor the courses to different members of the House community, including Members, supervisory staff and more junior staff, both in the districts and in Washington, D.C. The Committee continues to monitor judicial proceedings to determine the impact on the CAA and continues to oversee the Office of Employee Advocacy. The House Commission on Congressional Mailing Standards, commonly known as the Franking Commission, is responsible for issuing regulations governing the proper use of official communications resources, providing advice and counsel to Members and committees through advisory opinions, and hearing formal complaints against Members who have allegedly violated relevant law and regulations. During this Congress, and in coordination with the Select Committee on the Modernization of Congress, the Commission revised the regulations on the use of the official communications resources to more reasonably reflect the realities of contemporary digital communications. These changes will also simultaneously provide more transparency to the public and more flexibility for Members. In addition, the Committee continued its general oversight on use of the frank, monitored compliance with the blackout on official communications 90 days before a primary or general election, coordinated with the Office of the Clerk to increase transparency and accountability through technology, and investigated and disposed of complaints regarding misuse of the franking privilege. COMMITTEE FUNDING The Committee reports a biennial primary expense resolution by which standing and select committees of the House (except the Committee on Appropriations) are authorized operating funds for each Congress. During the first three months of each new Congress, clause 7 of rule X of the Rules of the House of Representatives authorizes interim funding authority for committees to operate until the House adopts a primary expense resolution. This funding authority is based on upon funding levels from the second session of the previous Congress. The funding process begins at the beginning of each new Congress when each House subcommittee introduces a separate House resolution requesting a specific funding level for committee operations. These resolutions are referred to the Committee on House Administration. On March 12, 2019, the Committee held a hearing titled ``Committee Funding for the 116th Congress.'' By prior agreement between Chairperson Lofgren and Ranking Member Davis, it was determined that committees that submitted a bipartisan budget request would not be required to appear before the Committee. The Chairman and Ranking Member of the Committee on Oversight and Reform appeared before the Committee and provided testimony regarding that Committee's budget request for the 116th Congress. On March 21, 2019, H. Res. 245, Providing for the expenses of certain committees of the House of Representatives in the One Hundred Sixteenth Congress was introduced and referred to the Committee. The Committee met on March 25, 2019, to mark up the resolution and ordered the resolution reported by voice vote. The House agreed to H. Res. 245 on March 27, 2019. The amounts provided each committee are as follows: ---------------------------------------------------------------------------------------------------------------- 1st Session 2nd Session Total ---------------------------------------------------------------------------------------------------------------- Committee on Agriculture............................... $5,756,664 $5,756,664 $11,513,328 Committee on Armed Services............................ 8,175,111 8,175,111 16,350,222 Committee on the Budget................................ 5,190,212 5,190,212 10,380,424 Select Committee on the Climate Crisis................. 1,890,750 1,890,750 3,781,500 Committee on Education and Labor....................... 7,289,357 7,289,357 14,578,714 Committee on Energy and Commerce....................... 10,573,692 10,573,692 21,147,384 Committee on Ethics.................................... 3,507,696 3,507,696 7,015,392 Committee on Financial Services........................ 8,538,931 8,538,931 17,077,862 Committee on Foreign Affairs........................... 8,120,362 8,120,362 16,240,724\4\ Committee on Homeland Security......................... 7,654,001 7,654,001 15,308,002 Committee on House Administration...................... 5,172,211 5,472,211 10,664,422 Permanent Select Committee on Intelligence............. 6,231,500 6,231,500 12,463,000 Committee on the Judiciary............................. 7,930,297 7,930,297 15,860,594 Sel. Comm. on the Modernization of Congress............ 450,000 37,500 487,500 Committee on Natural Resources......................... 6,947,963 6,947,963 13,895,926 Committee on Oversight and Reform...................... 9,495,034 9,495,034 18,990,068 Committee on Rules..................................... 3,327,189 3,327,189 6,654,378 Committee on Science, Space and Technology............. 5,539,827 5,539,827 11,079,654 Committee on Small Business............................ 3,098,148 3,098,148 6,196,296 Comm. on Transportation and Infrastructure............. 8,915,165 8,915,165 17,830,330 Committee on Veterans' Affairs......................... 4,138,192 4,138,192 8,276,384 Committee on Ways and Means............................ 9,133,432 9,133,432 18,266,864 Reserve Fund........................................... 1,500,000 6,500,000 ---------------------------------------------------------------------------------------------------------------- On July 26, 2019, the Committee agreed to Committee Resolution 116-12 (via Committee Poll No. 5) to allocate $450,000 from the First Session Reserve Fund to the Select Committee on the Modernization of Congress. In addition, the Committee, on January 16, 2020, agreed to Committee Resolution 116-14 (via Committee Poll No. 8) to allocate an additional $912,500 from the Second Session Reserve Fund to the Select Committee on the Modernization of Congress. --------------------------------------------------------------------------- \4\The amount provided to the Committee on Foreign Affairs includes $410,000 ($205,000 for the first session and $205,000 for the second session) to provide funding for the Tom Lantos Human Rights Commission. --------------------------------------------------------------------------- On March 23, 2020, the Committee agreed to Committee Resolution 116-18 (via Committee Poll No. 12) to allocate funds from the Second Session Reserve Fund. These amounts were as follows: Committee on Armed Services, $385,000 Committee on Education and Labor, $400,000 Committee on Energy and Commerce, $600,000 Committee on Foreign Affairs, $190,000 Committee on Transportation and Infrastructure, $450,000 Committee on Veterans' Affairs, $375,000 Committee on Ways and Means, $400,000 MEMBERS' REPRESENTATIONAL ALLOWANCE The Members' Representational Allowance (MRA) is the annual authorization made to each Member of the House to obligate U.S. Treasury funds not to exceed a certain amount. These funds may be used by the Member to pay ordinary and necessary business expenses incurred by the Member and his or her congressional office employees in support of the Member's official and representational duties. The Committee oversees the use of appropriations from the accounts of the U.S. House of Representatives for the MRA as well as official travel by Members and staff. In addition, the Committee oversees the compensation, retirement, and administration of benefits of Member office employees. The annual MRA is available for one legislative year (i.e., January 3 of one year through January 2 of the following year). In March 2019, Chairperson Lofgren wrote to the Subcommittee on the Legislative Branch of the Appropriations Committee and asked the Subcommittee to ``consider a substantial increase for the MRA.'' Noting that ``investing in the MRA account helps Congress attract and retain qualified staff, and communicate effectively with our constituents,'' the Committee has sought to authorize a notable increase in the allowance after years of decline, which had reduced the ability of the House to conduct its constitutional duties. Accordingly, the MRA for 2020 was increased an average of 4.5 percent. This represents the greatest increase in eight years for the authorization for the MRA. The Committee supports fiscally responsible increases to the MRA so Members have sufficient resources to perform their duties. HOUSE COMMISSION ON CONGRESSIONAL MAILING STANDARDS The Commission on Congressional Mailing Standards, also known as the Franking Commission, was established by Public Law 93-191 (87 Stat. 737). It is composed of six Members appointed by the Speaker of the House: three from the majority, and three from the minority. The Speaker designates the Chairperson of the Franking Commission who must be: (1) one of the Members appointed to the Commission, and (2) must also be a Member of the Committee on House Administration. In the 116th Congress, the Commission was chaired by Rep. Susan A. Davis of California, with Rep. Bryan Steil of Wisconsin serving as Ranking Member. The Chairperson and Ranking Member were joined by Commission Members Rep. Brad Sherman of California, Rep. Debra A. Haaland of New Mexico, Rep. Robert E. Latta of Ohio, and Rep. Mark Walker of North Carolina. The primary functions of the Franking Commission, are as follows: 1. To prescribe regulations governing the proper use of the franking privilege and other official communications resources by those entitled to use the privilege in connection with the mailing or contemplated mailing of franked mail under 39 U.S.C. sections 3210, 3211, 3212, 3213(2), 3218, 3219 or in connection with the operation of section 3215; in connection with any other Federal law (other than any law which imposes any criminal penalty), or in connection with any Rule of the U.S. House of Representatives relating to franked mail (2 U.S.C. Sec. 501(d)). 2. Upon the request of any person entitled to use the franking privilege and other official communication resources, to provide guidance, assistance, advice, and counsel, through advisory opinions or consultations, in connection with the distribution or contemplated distribution of franked mail or official communications regarding the application and/or compliance with applicable Federal statutes and House rules and regulations. The staff assigned to the Commission are delegated authority by the Commission to perform advisory and counseling functions, subject to review by the Commission (2 U.S.C. 501(d), House rule XXIV, and the Regulations of the Committee on House Administration). 3. To investigate, decide, and dispose of complaints regarding the misuse of the franking privilege (2 U.S.C. Sec. 501(e)). The Franking Commission's mission throughout the 116th Congress was to modernize and harmonize the content rules governing the use of official communication resources and platforms. The Commission Members engaged with Congressional Leadership, the Committee on House Administration, the Select Committee on the Modernization of Congress, and other Members of Congress and their staff on how to best achieve this goal. The first step was to replace the House manual governing official communications content with a new, simpler set of rules which prevent the misuse of taxpayer funds, while creating greater Member accountability, expediting the approval process, and giving Members the ability to better adapt to changing technology. In her role as Chairperson of the Franking Commission, Rep. Davis testified before the Select Committee on the Modernization of Congress (SCMC) on two occasions throughout the 116th Congress. On March 12, 2019, she described the intent of the Franking Commission's mission for the next two years based on the principles of making the franking rules more fitting for modern communications alongside the goal of increasing transparency and accountability. In addition, she asked for support in pushing Congress to adopt more real-world constituent outreach technology and practices. On October 31, 2019, Chairperson Davis again, appeared before the SCMC to update it on the progress the Commission had made in achieving its stated goals. At this hearing, Chairperson Davis also advocated for SCMC's support in consolidating the jurisdiction of all official communications content rules under the Commission, to allow for broader communication subscription options for constituents to receive communications from their Representatives, to consider methods for permitting transferal of social media followers from campaign accounts to official accounts, to improve the House's unsolicited mass email hygiene and practices, and to update reporting measures for the use of the frank. On December 17, 2019, the Franking Commission agreed unanimously to approve Commission Poll 116-1, which became effective on January 7, 2020. This included the adoption of a brand new manual, the House of Representatives Communications Standards Manual (Manual) which replaced and superseded the Regulations on the Use of the Congressional Frank by Members of the House of Representatives and Rules of Practice in Proceedings Before the House Commission on Congressional Mailing Standards. To increase transparency and accountability, it also established a public disclosure webpage found on the Clerk of the House's website for all Advisory Opinions issued by the Franking Commission, starting from January 3, 2018. Prior to the creation of this webpage, the public only had access to Advisory Opinions through in-person requests at the Legislative Resource Center. In addition, the Commission took steps to rename the Commission on Congressional Mailing Standards to the House Communications Standards Commission, and to set an agenda to update the Rules of Practice and Procedures of the Commission. On February 12, 2020, the Committee on House Administration adopted Committee Resolution 116-16 which amended language in the Members' Congressional Handbook and Committees' Congressional Handbook to grant the Commission jurisdiction on content regulations related to official communications resources beyond that of the franking privilege. This included official website and social media content, telephone town halls, mass SMS messaging, email newsletters, flyers and other publications, and advertisements across digital, television, and radio platforms. The Commission took steps to address the COVID-19 pandemic to waive the pre-election blackout restrictions for non-franked mail communications discussing resources, safety instructions, and government actions related to addressing this threat to life safety. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law by President Trump. It included a provision amending 39 U.S.C. Sec. 3210(a)(6)(D), granting the Commission the ability to waive the pre-election blackout restriction for unsolicited postal mail sent in response to or to addressing threats to life safety. Upon the signing of the CARES Act, the Franking Commission agreed to Commission Poll 116-2 which included conforming updates to the Manual, and to apply the waiver in response to addressing the COVID-19 pandemic for franked mail along with all other forms of unsolicited mass communication previously waived. On July 9, 2020, Chairperson Davis introduced H.R. 7512, the Communications Outreach Media and Mail Standards (COMMS) Act. The bill would amend U.S. Code to rename the ``House Commission on Congressional Mailing Standards'' the ``House Communications Standards Commission,'' expand the authority of the Commission to regulate, provide guidance to authorized users, and hear complaints related to the use of official communications, to revise required disclaimers, and to revise restrictions on postal mail content and communication distribution periods. The COMMS Act passed the House on July 30, 2020 by unanimous consent. The COMMS Act was included in H.R. 133, the Consolidated Appropriations Act for Fiscal Year 2021, which was signed by the President on December 27, 2020. All written staff Advisory Opinions issued on or after January 3, 1996, are available for public review and photocopying. In addition, mass mailings issued prior to that date are available for inspection. The Legislative Resource Center has made these materials available to the public. As previously mentioned, the Commission took steps to make Advisory Opinion widely available online. As of December 22, 2020, the Legislative Resource Center had received 29 in-person requests to review Advisory Opinions throughout the 116th Congress. According to analytics on the public disclosure web page, there have been 3,195 views since its launch on January 7, 2020. As of December 22, 2020, the Commission staff reviewed 19,136 requests throughout the 116th Congress. This is an increase of over 31 percent from the 115th Congress, and while the pre-election blackout exemption for COVID-19 related communications could be accounted for an increase in the second session of the 116th Congress, the Commission staff reviewed the highest number of requests for Advisory Opinions ever recorded throughout the first session of the 116th Congress. No official complaints related to the use of official communications were reported to the Commission. JOINT COMMITTEES The Joint Committee on the Library Established in 1802, the Joint Committee on the Library (JCL) is the oldest continuing joint committee in the history of the Congress and is made up of certain Members of the Committee on House Administration (Committee), the chair of the Legislative Branch Appropriations Subcommittee, and certain members of the Senate Committee on Rules and Administration.\5\ Chairpersonship of the JCL switches between chambers each Congress with the Senate chairing the Joint Committee for the 116th Congress. Members of the JCL are appointed by resolution agreed to by the respective chambers.\6\ For the 116th Congress, the House Members of the JCL are Vice Chairperson Zoe Lofgren of California, Rep. G.K. Butterfield of North Carolina, Rep. Tim Ryan of Ohio, Rep. Rodney Davis of Illinois, and Rep. Barry Loudermilk of Georgia. --------------------------------------------------------------------------- \5\2 U.S.C. Sec. 132b, P.L. 110-5. \6\H. Res. 226, 116th Congress. --------------------------------------------------------------------------- The House and Senate met on April 30, 2019, to formally organize the JCL and adopt the rules of the joint committee. Per statute, the JCL is responsible for acceptance and oversight of works of fine art in the Capitol collection as well as supervision of the National Statuary Hall Collection (Statuary Hall).\7\\8\ For the 116th Congress, the JCL approved the following state requests, each at varying stages of the statue replacement process: --------------------------------------------------------------------------- \7\2 U.S.C. Sec. 2132. \8\2 U.S.C. Sec. 2133. --------------------------------------------------------------------------- April 2019: Approved Nebraska's final bronze statue and granite pedestal for display in Statuary Hall. May 2019: Approved Utah's maquette. November 2019: Approved Florida's request to replace a statue in Statuary Hall. December 2019: Approved Nebraska's maquette. February 2020: Approved Missouri's request to replace a statue in Statuary Hall. April 2020: Approved Arkansas's request to replace both statues in Statuary Hall. June 2020: Approved Florida's maquette. June 2020: Approved Kansas' full-scale clay model and pedestal design. September 2020: Approved Virginia's request to replace a statue in Statuary Hall. October 2020: Approved Florida's full-scale clay model and pedestal design. October 2020: Approved Missouri's maquette. December 2020: Approved Nebraska's full- scale clay model and pedestal design. On July 23, 2020, the House passed H.R. 7573, directing the JCL to remove the bust of Justice Roger Taney from the Old Supreme Court Chamber, to be replaced with a bust of Justice Thurgood Marshall, and to remove the statues of Charles Brantley Aycock, John Caldwell Calhoun, and James Paul Clarke from Statuary Hall as well the bust of John Cabell Breckinridge from the Senate wing of the Capitol. The Senate has yet to consider the legislation. The Joint Committee on Printing and the Government Publishing Office In addition to the its standalone authority over the Government Publishing Office (GPO), the Committee also conducts oversight of GPO through the Joint Committee on Printing (JCP), a statutorily created joint committee, the House component of which consists of the Chairperson of the Committee and four other Committee members.\9\ Like the JCL, Members of the JCP are elected by a resolution agreed to by the respective chambers. In the 116th Congress, the House appointed Chairperson Lofgren, Representative Jamie Raskin, Representative Susan Davis, Representative Rodney Davis, and Representative Barry Loudermilk. Chairperson Lofgren chaired the JCP for the 116th Congress.\10\ --------------------------------------------------------------------------- \9\44 U.S.C. Sec. 101 ``The Joint Committee on Printing shall consist of the chairman and four members of the Committee on Rules and Administration of the Senate and the chairman and four members of the Committee on House Oversight of the House of Representatives.'' \10\Supra, note 1. --------------------------------------------------------------------------- The House and Senate met on April 30, 2019, to formally organize the JCP and adopt the rules of the joint committee. The JCP, per statute and various joint committee resolutions, has broad authority over GPO operations and government printing. Statute provides JCP with the authority to ``use any measures it considers necessary to remedy neglect, delay, duplication, or waste in the public printing and binding and the distribution of Government publications'' while JCP Resolution #2 stipulates JCP's authority extends to ``all matters involving GPO personnel.''\11\ Statute also charges JCP with approval authority of collectively bargained wages between GPO and its trade union.\12\ After nearly five years without a contract, the International Brotherhood of Electrical Workers and the Fraternal Order of Police reached agreements with management and the House's stewardship of JCP restored long absent labor peace to the agency. --------------------------------------------------------------------------- \11\44 U.S.C. Sec. 103, Joint Committee on Printing Resolution #2 adopted May 11, 1982. \12\44 U.S.C. Sec. 305. --------------------------------------------------------------------------- Before making certain expenditures, GPO must first obtain JCP approval. In the 116th Congress, JCP authorized nearly $300 million in investments to improve agency operations, particularly in XPub, a state-of-the-art technology for XML- based publishing; the NextGen Passport program, an initiative designed to enhance passport security with more advanced construction and design; and health and safety enhancements to protect GPO's workforce. The House-chaired JCP also oversaw the appointment of GPO's first permanent Director in over two years after Hugh Halpern was confirmed by the Senate on December 4, 2019. On March 3, 2020, the Committee held a hearing titled Oversight of the Government Publishing Office. Committee Members heard testimony from Director Halpern, Inspector General Michael Leary, and Superintendent of Documents Laurie Hall. Notably, it was Director Halpern's first appearance as a witness at a Congressional oversight hearing. In response to the ongoing COVID-19 pandemic, and for the safety of Members and staff, the JCP, working with the Clerk of the House and GPO, JCP established a regime to allow for the electronic endorsement of extensions of remarks for publication in the Congressional Record for the first time in the House's history. OFFICERS OF THE HOUSE OF REPRESENTATIVES Clerk of the House The Clerk's primary responsibilities involve the legislative activities of the House. This includes managing the bills originating in the House and overseeing the voting system. The Office of the Clerk also performs a variety of administrative functions under the oversight of the Committee. The Office of the Clerk is comprised of eight divisions, in addition to the Clerk's Immediate Office. These divisions include: Office of Legislative Operations, Office of Art and Archives, Office of Official Reporters, Office of House Employment Counsel, Legislative Resource Center, Legislative Computer Systems, Office of Communications, and Capitol Service Groups. The Committee conducted monthly oversight meetings with the Clerk and her senior staff on all aspects of the Clerk's operations, including oversight of vacant offices, election certifications, financial disclosures, the Posey Comparative Print Project, implementation of the updated Clerk website and overall IT posture. Additionally, the Committee worked closely with the Office of the Clerk to produce an updated edition of Women in Congress,\13\ which was undertaken by the Office of Art and Archives together with the House Historian and Government Publishing Office. --------------------------------------------------------------------------- \13\Women in Congress, 1917-2020, prepared under the direction of the Committee on House Administration of the United States House of Representatives, by the Office of the Historian and Office of the Clerk, United States House of Representatives, U.S. Government Publishing Office, Washington, DC, 2020. --------------------------------------------------------------------------- Notably, during the global COVID-19 pandemic, the Committee worked with the Office of the Clerk to implement vital changes to legislative operations. These temporary changes allowed the House to continue its to work on behalf of the American people, notwithstanding the danger of gathering in places like committee rooms and the House Floor. For example, in April 2020, the Speaker of the House directed the creation of an electronic hopper to allow for virtual submission of bills, resolutions, co-sponsors and extensions of remarks. Since then, as of December 22, 2020, 2,816 measures have been filed electronically, while just 159 were manually filed using the traditional process. The Office of the Clerk was instrumental in executing on this direction from the Speaker. On May 15, 2020, the House passed House Resolution 965, which authorized remote voting by directed proxy during the COVID-19 public health emergency. This Resolution requires Members not physically in Washington, D.C. to submit a signed letter to the Clerk designating a specific Member to serve as proxy. Designated proxies were only permitted to vote as explicitly directed by the Member not located in Washington, D.C. The Clerk maintained a list of designated proxies and helped facilitate the voting process on the House Floor. As of December 22, 2020, the House has conducted 142 roll call votes that included proxy votes. Those votes included 6,253 individual votes cast by Members of both parties by proxy. Several measures passed with proxy votes have been signed by the President and enacted into law. These votes were accomplished without incident. The Rules of the House for the 116th Congress established, for the first time, a House Consensus Calendar. The House Consensus Calendar allows for consideration, on the House Floor, of certain unreported House bills and resolutions that enjoy broad support. More specifically, a House-originated measure must: (1) not have been reported by its committee of jurisdiction; (2) have gained the support of at least 290 cosponsors; (3) have been subject to a motion to place the measure on the Consensus Calendar; and (4) have maintained at least 290 cosponsors for 25 legislative days following the filing of the motion. A total of 12 motions for consideration on the Consensus Calendar were made during the 116th Congress. The Clerk also continued to co-chair the Bulk Data Task Force and worked with Committee staff to increase transparency by digitizing legislative material. As part of these duties, the Clerk led and participated in the Committee sponsored Legislative Data and Transparency Conference held on October 17, 2020, in the Capitol Visitor Center. The conference brought individuals from Legislative branch agencies together with data users and transparency advocates to discuss strengthening access to the legislative process. The Committee, working with the Clerk and the CAO, initiated a pilot program regarding field hearings where, for the first time, the Clerk would provide official reporters and the House Recording Studio would directly handle broadcast responsibilities. Prior to this initiative, reporters were hired locally, and broadcast efforts were often incomplete. This initiative, widely applauded by House committees, has resulted in field hearings that are consistent in terms of professionalism and quality with hearings held in Washington, D.C. Sergeant-at-Arms The House Sergeant-at-Arms (HSAA) dates back to the first Congress in 1789 and is the principal law enforcement official for the House. HSAA is responsible for the security of the House of Representatives, the buildings located on the House side of the Capitol and its campus, as well as Members of Congress, congressional employees, and visitors. HSAA directs emergency responses and continuity of government operations for the House. Under clause 3 of rule II of the Rules of the House of Representatives, the HSAA is responsible for maintaining order and decorum in the House Chamber. HSAA coordinates special events for the House of Representatives in conjunction with other House and Senate Offices, the U.S. Capitol Police (USCP) and external entities. The HSAA, the Senate Sergeant-at- Arms, and the Architect of the Capitol (AOC) make up the Capitol Police Board (CPB) which oversees the USCP. The Committee held two hearings where the HSAA testified: ``House Officer Priorities for 2019 and Beyond,'' on April 9, 2019, and ``Oversight of the United States Capitol Police,'' on July 16, 2019. Beginning early in 2019 the Committee instituted standing monthly oversight meetings with the executive teams of the HSAA to provide oversight over HSAA activities and operations. In addition to oversight hearings, the Committee worked closely with HSAA to further key initiatives. These initiatives include: Joint Audible Warning System The current audible emergency annunciator system was installed as a temporary measure following the September 11, 2001, terrorist attacks. The current system components are beyond their end-of-life dates, battery components are no longer produced, and vendor support is limited. The current system is unable to work in conjunction with the Joint Emergency Mass Notification System (JEMS) or the Public Address System (PAS). HSAA has worked with the Senate Sergeant-at-Arms, USCP, and AOC to procure a new Joint Audible Warning System (JAWS) to replace the current system in all five HOBs and the Capitol Visitor Center. JAWS will incorporate multiple encrypted systems to provide life safety alerts to Members, staff, employees, and visitors and work with JEMS and PAS. The Committee looks forward to the successful implementation of the new JAWS and its contribution to increasing the safety and security of the House. District Security Service Center The District Security Service Center (DSSC) serves as a single point of contact regarding district security matters. The DSSC ``has documented over 17,000 interactions with district office staff . . . [and] coordinated the installation or upgrade of 540 security systems[.]''\14\ --------------------------------------------------------------------------- \14\Testimony of Paul D. Irving, Sergeant-at-Arms, U.S. House of Representatives, Fiscal Year 2021 Budget Submission Before the Subcommittee on Legislative Branch, Committee on Appropriations, March 3, 2020. --------------------------------------------------------------------------- The threats to Members and their families have steadily increased. The DSSC has improved interactions with Members and Members' District Offices nationwide and has put in place a program to assess and evaluate information received from Members and their District Offices in order to better align law enforcement resources to address threats, emergencies and logistical issues. In addition, DSSC has worked with the USCP to provide risk assessments to Members regarding off-campus events held in the Washington, D.C., area as well as Members' District Offices. HSAA now pays District Offices security monitoring fees and as of November 2020 added a second nationwide security contractor to assist with District Office security enhancement requirements. DSSC provided Members and Members' District Office staff with threat awareness training and provided enhanced outreach to District Offices which experienced natural disasters, active shooter incidents, environmental disasters, security incidents, protests, and COVID-19 pandemic matters during the 116th Congress. In addition, HSAA and CAO have begun an initiative to visit District Offices in order to better tailor the services provided to these offices and staff, with an annual goal of 150 visits. The Committee has encouraged these efforts to more effectively integrate Members' District Offices into the work of the House and the House community. In April 2019, the Committee directed the HSAA and CAO to work together to make customer service and training more comprehensive for District Office staff. This led to the Joint District Office Training Program which was launched in June 2019. HSAA worked with the Congressional Staff Academy to establish on-line Law Enforcement Coordinator (LEC) training classes to aid District Office staffers assigned as LECs and published an updated LEC Handbook in the spring of 2020. Garage Security Enhancement Project Nearly seven years ago, the HSAA commenced the Garage Security Enhancement Project as part of a security initiative to incorporate all House Office Buildings (HOBs) into a secure perimeter, in line with Senate Office Buildings as well as the Capitol, and bring the entire Capitol Complex closer to 100 percent security screening. During the 116th Congress, HSAA completed Phase II and III of the Project and began the final Phase IV in October 2020. HSAA estimates a completion date of January 2022. The HSAA completed its goal of pushing initial screening of all individuals at pedestrian and garage entries at HOBs. This has reduced the need for redundant screening locations in HOBs and permitted the USCP to reassign officers to other important security assignments. Security screening improvements have also proved beneficial in improving the effectiveness of the Office of Attending Physician's (OAP) recommended enhanced screening safety protocols in response to the COVID-19 pandemic. COVID-19 Pandemic Response On February 28, 2020, the HSAA and the OAP issued an e-Dear Colleague Notice titled ``Coronavirus (COVID-19) Guidance for House Offices.'' The HSAA with OAP and House Leadership issued subsequent guidance on March 27, 2020, via an e-Dear Colleague Notice titled ``Procedures for March 27, 2020'' outlining House COVID-19 protocols while in session. This marked the first time voting on the House floor would be conducted to keep Members and staff safe while following OAP and Centers for Disease Control and Prevention (CDC) COVID-19 guidelines. The HSAA and OAP further refined the House floor guidance and COVID-19 protocols through December 2020 to ensure the continued safety of Members and staff. HSAA, in coordination with CAO and AOC began issuing personal protective equipment (PPE) to the House community beginning on April 22, 2020. Through November 30, 2020, over 13,000 boxes of masks, nearly 36,000 bottles of hand sanitizer, over 5,500 cannisters of cleaning wipes, and nearly 13,000 boxes of gloves have been distributed. In addition, HSAA has, as of December 10, 2020, had 958 discrete contacts with the House community of COVID-19 outreach, including checking office status, PPE inquiries, or related efforts. The DSSC has documented 5,471 interactions with District Offices since the start of 2020, including 3,290 related to COVID-19. Chief Administrative Officer The Office of the Chief Administrative Officer (CAO) is a non-partisan House office that provides support services and business solutions to Members and staff. The CAO is tasked with supporting the finance, procurement, logistics and information technology needs of the House. The Committee is charged with overseeing the CAO, which in the 116th Congress was led by Chief Administrative Officer Phil Kiko. In consultation with the Committee, the CAO entered the 116th Congress focusing on improving customer service, increasing innovation and modernizing House business practices. On December 22, 2020, Kiko announced that he would not serve another term as CAO. Chairperson Lofgren issued a public statement thanking him for his many years of service to make the House of Representatives work for Members of Congress and the people they serve. House Information Resources The Committee continued to work closely with House Information Resources (HIR) to improve technology services and security for the House. With oversight from the Committee, HIR continued efforts to modernize its services. A key feature of this modernization is the migration to the Office 365 suite. Office 365 provides House staff with the ability to access software through mobile devices, securely store files, and collaborate on documents with colleagues from anywhere. As will be discussed below, this capability was vital when the House moved to a maximum telework posture due to the COVID-19 pandemic. In March 2020, the Committee provided oversight and guidance as the HIR Business Continuity/Disaster Recovery team operationalized its plans to support offices during the COVID- 19 pandemic. More than 1,500 laptops were rapidly procured and imaged, and new tools were deployed to support expanded telework. HIR leveraged the deployment of cloud services, Office 365 and collaboration tools such as Teams, Webex, and Zoom to ensure that legislative activities and constituent services could continue unimpeded. For example, Teams Live Events were made available to the House community. This provided the capability of hosting both large town hall events and smaller meetings. Working with other CAO business units, HIR established a Telework Readiness Center in the Rayburn Cafeteria to provide software upgrades, security updates, and new equipment for Member offices. HIR also collaborated with the Customer Experience Center and House Recording Studio to provide House staff with training and tutorials on collaboration tools and other key aspects of remote work. Moreover, in response to House Resolution 965, HIR facilitated remote committee hearings, meetings and markups. As of December 17, 2020, as discussed later in this report, House committees held 169 entirely remote hearings, 130 hybrid hearings, 4 entirely remote markups, and 36 hybrid markups. This included the reconfiguration of the Capitol Visitor Center Congressional Auditorium to broadcast a hybrid Committee hearing held by the House Judiciary Committee. Like any governmental entity, the House must be cognizant of the evolving nature of cybersecurity threats. In consultation with the Committee, HIR continued to review the House security policies and procedures and made improvements where needed. For example, HIR promulgated House Information Security Policy (HISPOL) 8, governing configuration and use of mobile devices; HISPOL 11, governing information security in the context of telecommuting; and HISPOL 19, governing all information systems that utilize active directory. HIR also, among other activities, conducted cloud risk reviews, hosted a cybersecurity fair and deployed new identity management service software. At the same time, it ensured that it was able to block unauthorized scans and screen questionable emails. The Committee provided oversight of myriad other efforts to enhance the technology user experience for Members and staff. For example, HIR vetted and deployed cloud solutions to the House, improved the House public WiFi, enhanced the House network for district offices, migrated Member websites to the cloud, and added digital signatures to Member website forms. Finally, HIR is also working to migrate the House's data centers off campus to geographically dispersed, Tier 3 data centers. Despite delays due to COVID-19, HIR teams worked hard to ensure the project remained on schedule with an initial operating date of April 2021. Finance The CAO built on efforts initiated during the previous Congress to improve and streamline the Office of Finance. Namely, the Office of Finance began using in-house knowledge management technology for CAO employees to establish and share precedents, creating an institutional record of organizational knowledge. In addition, the Office of Finance partnered with the Congressional Staff Academy to create trainings for both CAO staff and House Financial Administrators on various financial services and processes. The Office of Finance also improved its customer outreach activities by relaunching its newsletter, hosting open houses for staff, and implementing ``MyServiceRequests''' to facilitate financial counseling services. Finally, the Office of Finance established a Quality Assurance team, led by a Director of Quality Assurance, which focuses on improving Member-facing activities and coordinating with other CAO business units. Food Services The Committee has continued its oversight of the administration of food service contracts. In response to feedback from the House community, the CAO facilitated the arrival of several new branded food options, including Au Bon Pain, Jamba, Steak n' Shake, and &pizza. These dining options provide additional choice and options to members of the public who visit the Capitol, as well as legislative branch staff. In addition, the Members' Dining Room was opened to the general public at times when the House was out of session. Furthermore, in response to the pandemic, the CAO worked closely with the Office of Attending Physician to ensure all House eateries operated safely during the COVID-19 pandemic, while still providing food to the essential workers on campus. These efforts included increased cleaning, installing safety shields, limiting self-serve selections, and placing social distancing decals and signage at appropriate locations. Congressional Staff Academy The Committee also continued its oversight of the Congressional Staff Academy. The Staff Academy partnered with HIR to create a cloud-based learning management system that provides for easy access to online courses and in-person course registration. The Staff Academy also completed a renovation of its classrooms, providing for increased capacity. The classroom renovations also simplified the process for hosting and participating in webinars, allowing district office staff to utilize the services of the Staff Academy more easily. Paid Intern Program In April 2019, the House Paid Internship program was enacted with interim regulations established by the Committee. All Members of Congress were allocated $20,000 to pay interns in their Washington, D.C., office through this program. These funds are separate from the Members' Representational Allowance and are disbursed by the CAO. In May 2020, the Committee issued new regulations that provided each Member of Congress $25,000 to pay interns and allowed paid interns to work in district offices. Workplace Rights and Responsibilities Training In conjunction with the Committee and the Office of House Employment Counsel, the CAO updated the Workplace Rights and Responsibilities training program to include separate courses designed for non-supervisory staff, supervisory staff, and Members. Furthermore, the CAO implemented a new registration system to improve the experience for users looking to find, register, and track completion of their training. COVID-19 Pandemic Response Activities In addition to increased information technology requirements, the COVID-19 pandemic required significant changes to normal House operations. In consultation with the Committee, the CAO Asset Management team facilitated the acquisition of personal protective equipment (PPE) and the provision thereof to district offices. The Office of Employee Assistance (OEA) continued to be a valuable resource for Members and staff. OEA's caseload more than doubled during the pandemic, and specialized programming was created for chiefs of staff, district directors, staff directors, caseworkers and other members of the House community. In addition, the House Wellness Center facilitated webinars on teleworking and created a COVID-19 toolkit. Moreover, the CAO worked with House vendors in an effort to prevent their employees--contract workers in places like House eateries--from being furloughed as a result of the pandemic. In addition, under guidance from the Committee, in-person operations like the House Child Care Center, when permitted to reopen under relevant public health guidelines, modified protocols and processes to minimize risk of exposure and spread of COVID-19. Other Initiatives The Committee directed the creation of a new and innovative program to provide televisions to House offices, leveraging bulk purchasing while saving an estimated $1.3 million over the next six years. Previously, Members were responsible for purchasing office televisions, which resulted in a medley of different television brands, sizes, and quality. When Members moved offices, these televisions would also have to be moved, increasing costs and adding to the end-of-Congress workload of House employees. The new program, which will standardize House office televisions, will provide Members with televisions that will remain the property of the CAO. These televisions will be eligible to be upgraded every six years. Additionally, the Committee worked with the CAO to establish a new Equipment Modernization Initiative for New Members of Congress. Building upon the Select Committee on the Modernization of Congress' bulk purchasing for technology recommendation, the CAO will provide computer-related equipment to new Members of Congress. Prior to this initiative, Members were responsible for outfitting their offices with computer- related equipment--the new initiative will realize savings due to the House's ability to buy equipment in bulk. The Committee, in a letter dated June 24, 2019, requested the CAO to enter into negotiations with the General Services Administration (GSA) to enter into a revised Memorandum of Agreement (MOA) covering District Office leases. The existing MOA in place was entered into in 1997 and revised with an addendum in 2000 and, in the Committee's view, was outdated and not providing adequate protection and benefit to the House. The CAO successfully renegotiated the MOA to the satisfaction of both the House and GSA and a revised MOA was executed toward the end of 2020. FINE ARTS BOARD The House Fine Arts Board (Board), established by 2 U.S.C. Sec. 2121, consists of the House members of the JCL and is chaired by the Chairperson of the Committee. The Board is primarily charged with supervision of fine arts on display in House-controlled areas of the Capitol complex and in the House collection generally. The Board also administers the portraiture process for Committee chairs for display in the House's committee rooms. In February 2020, the Board, on behalf of the House, accepted a statue of Pierre L'Enfant from the government of the District of Columbia, for display in a House-controlled space. In June 2020, the Board oversaw the removal of Confederate portraiture from the Speaker's Lobby in the Capitol. THE ARCHITECT OF THE CAPITOL The Architect of the Capitol (AOC) is responsible for the maintenance, operation, development, and the preservation of the entire Capitol Complex, which includes 17.4 million square feet of building space and 460 acres of land. The Committee oversees the AOC with respect to the House side of the Capitol campus, with the exception of certain decisions that affect the House Office Buildings. During the 115th Congress, Inspector General Christopher Failla underscored a clear commitment to institutional integrity and the judicious use of taxpayer dollars. The Committee, also committed to those same values and transparency, has ensured that resources for audits and investigations of the AOC's large-scale construction projects and other vital services necessary for obligations to Congress are available to the OIG. The AOC OIG Annual Work Product Report dated December 8, 2020, shows more than a 550 percent increase in the number of investigations from 2018, as well as six major audits per year for 2019 and 2020, compared to a total of nine during the 115th Congress. On September 10, 2019, the Committee held an oversight hearing titled, ``Oversight of the Renovation of the Cannon House Office Building.'' This was the first hearing on the Cannon House Office Building Renewal Project (``Cannon Project'' or ``Project'') since the commencement of active construction. The previous hearing had been held on May 6, 2009. The hearing provided clear oversight direction and led to the disclosure by the AOC of a substantial cost overrun of 10- 15 percent, representing $75 million to $100 million in additional costs. Testifying at the hearing were Thomas J. Carroll, Acting Architect of the Capitol, Christopher P. Failla, Architect of the Capitol Inspector General, Terrell G. Dorn, Government Accountability Office Managing Director of Infrastructure Operations, and Brian A. Abt, Clark Construction, Division CEO, Mid-Atlantic Region. During the September oversight hearing, the OIG announced the independent contractor, Cotton & Company, LLC, would begin Cannon construction and contract audits to assess the effectiveness of phases 0 and 1 contract modifications and potential change orders. The audit began on August 13, 2019, and the OIG issued a final report on May 29, 2020. In addition, Cotton & Company, LLC performed a second audit of the Cannon Renewal Project's invoices for phases 1 and 2 to ensure the cost and payments were made in accordance with contract requirements, AOC policies and procedures, and industry standards. The OIG issued a final audit report on August 25, 2020. Following the hearing, the Committee committed to increasing its oversight of the Cannon Project and increasing coordination and communication. Weekly meetings were held with senior staff from the AOC, CAO, USPC, and HSAA to gain a better understanding of the interdependencies of these internal stakeholders and to improve transparency. On December 9, 2019, President Trump nominated Brett Blanton as the 12th Architect of the Capitol and he was sworn in on January 16, 2020. In addition, the AOC hired David Wilder as Superintendent to the House Office Buildings in October 2020. Thomas Carroll, Assistant to the Architect resigned December 11, 2020, after more than a decade of service to the AOC. The Committee appreciates Mr. Carroll's public service and many contributions to the Congress. The AOC, responsible for the delivery of the Cannon House Office Building Renewal (CHOBr), is in the process of completing Phase II and preparing to start Phase III. In responding to the COVID-19 pandemic, the AOC, in coordination with the House Office of Attending Physician (OAP) and the Committee, implemented a strict mask policy with monitors and incorporated a cleaning protocol to help reduce the transmission of COVID-19. As the 116th Congress draws to a close, a national spike in infections and deaths has reached an all-time high. Despite these challenges, phase II of the Cannon Project was delivered on time with some punch list items that will continue until the start of the 117th Congress. Phase III will begin in January 2021. The Committee continued to conduct oversight of the Capitol Visitor Center (CVC) with a significant portion focused on the redesign work associated with the Exhibition Hall. The physical renovation began in the spring of 2019. Oversight of this project is conducted by the Committee along with the Senate Committee on Rules and Administration. The CVC anticipates reopening Exhibition Hall sometime in 2022. In March, the CVC was closed to the public due to COVID-19 and as of the date of this report, it has not re-opened to the general public. The CVC, AOC, and Committee continue to monitor the status of the COVID-19 pandemic and have collaborated on a phased reopening plan. To better serve the public until the implementation of the phased reopening plan is safe, the CVC continues to provide virtual resources for the public, including educational resources and video tours. The video tours are geared both toward general audiences and middle school students. The Committee also continues to work with the AOC to identify potential statutory reforms that would allow it to work more efficiently and effectively. To that end, the Committee and AOC worked to amend the statute governing the Deputy Architect position. This reform, which was included in the year-end omnibus appropriations and coronavirus relief package sent to the White House for the President's signature, provides the Architect with additional flexibility in delegating duties to the Deputy Architect and other AOC officials. Finally, in light of the COVID-19 pandemic and the many logistical elements required to support New Member Orientation, the Committee worked with the AOC, House Superintendent, USCP, HSSA, and the OAP to develop and execute a plan to ensure a smooth transition for the new and departing Members. The plan incorporated virtual activities as much as possible and for in- person activities. In addition, a COVID-19 testing program was accessible to all Members-elect and designated aides who travelled to Washington, D.C., for the program, as well as to others who worked on orientation. In addition, cleaning protocols were in place and CDC guidance was followed including the wearing of masks and appropriate social distancing measures. INSPECTOR GENERAL The Committee worked with the House Office of the Inspector General (OIG) to implement its annual workplan for the continued improvement of House operations. The plan focused on technology, efficiency, and financial stability of the House. Despite the COVID-19 pandemic presenting challenges to carrying out its audit function, the House OIG was able to conduct ten audits this Congress, with six audits being conducted during the pandemic. The OIG issued another unmodified financial statement audit for Fiscal Year 2019, marking the twenty second consecutive year for the House to receive a clean report. An unmodified audit means that no material weaknesses were found in internal control over financial reporting and that the House was in accordance with all material respects with U.S. generally accepted accounting principles. UNITED STATES CAPITOL POLICE The United States Capitol Police (USCP) force protects Members, staff, the public, and the Capitol campus to allow Congress to fulfill its constitutional and legislative responsibilities in a safe, secure, and open environment. Commencing in March 2019, the Committee instituted monthly oversight meetings with USCP and the USCP Office of Inspector General (USCP OIG) throughout the 116th Congress. In addition, recognizing the importance of rank-and-file officer input, the Committee held bi-weekly meetings with the Fraternal Order of Police Labor Union (FOP/Labor). The Committee also held regular meetings with law enforcement entities and non-profit advocacy organizations to discuss the USCP's operations, effectiveness, and transparency, as well as its interaction with Members, employees, and visitors. The Committee held an oversight hearing on July 19, 2019, titled ``Oversight of the United States Capitol Police.'' At this hearing, Chairperson Lofgren stated: The Committee's oversight includes ensuring the United States Capitol Police continue to critically review its policing practices to ensure those practices evolve and are refined based on best practices and new information. We want to make sure the [USCP] is focused on its core mission, protecting Congress, and has enough resources to do so. And: [The USCP] must seek to ensure the diversity of its employees by establishing sound recruiting practices and sound employee diversity training. A diverse workforce is a strong workforce and investing in training and development will telegraph to the rank- and-file officers of the Department that Congress is committed to investing in you and your career and that there are more opportunities for you to compete for roles of increasing and different responsibilities. Strategic Plan for 2021-2025 The Committee worked with stakeholders to develop key oversight areas to incorporate into the USCP's new five-year strategic plan. The USCP used a third-party vendor to compile views and concerns of customers and to identify items deemed critical to the success of the USCP. The Committee's recommendations were incorporated into the new five-year plan which will serve as a roadmap with clearly defined benchmarks in order to assess and evaluate the USCP's progress in meeting its stated goals. The USCP's Human Capitol Strategic Plan, 2021-2025 complements and directly supports its strategic plan. Cyber and Technology Issues On February 27, 2020, the Committee received the USCP-OIG report ``Review of the United States Capitol Police Cyber- Investigation Capabilities.'' The USCP-OIG assessed the USCP had ``adequate procedures for cyber capabilities but did not adequately document those procedures in guidance,'' noting that the USCP did not have a formal Memorandum of Understanding (MOU) with the U.S. Secret Service and that it also had an outdated Memorandum of Agreement (MOA) with the Federal Bureau of Investigation. The Committee worked with USCP and HSAA recognize these challenges and to incorporate new administrative processes to formalize MOUs and MOAs on a regular basis into the Strategic Plan 2021-2025 and Human Resource Strategic Plan 2021-2025. In August 2020 the District of Columbia Metropolitan Police Department informed the USCP it would be replacing its current COLBALT Data base system which must be used by all federal law enforcement agencies conducting law enforcement arrests in the District of Columbia. The USCP's old license agreement prevented the USCP from appropriately interfacing with the COLBALT system and transfer critical data to its systems. The USCP's transition to the new system would allow it to use critical data in its intelligence assessment evaluations as well as keep accurate records of all individuals with which it has contact. The Committee fully supports the acquisition of a new Mark43 cloud-based software system which is expected to be completed in February 2021. Office of Inclusion, Diversity, Equity, and Action During August 2020, the Committee engaged the USCP to ascertain the status regarding the Office of Inclusion, Diversity, Equity and Action (IDEA) efforts to engage its workforce, especially after the summer of national civil protests relating to the tragic killings of George Floyd, Ahmaud Arbrey, and Breonna Taylor, among others. On September 2, 2020, the USCP provided a formal briefing of its intent to conduct Race, Equity, and Policing Town Halls in October 2020. The Department successfully provided Race, Equity, and Policing Town Hall sessions October 26, 2020, which were well received, and the FOP/Labor commended the USCP's efforts to engage sworn officers in a productive manner. The USCP vowed that IDEA would be fully integrated throughout the USCP's infrastructure and be a critical element in its Department Strategic Plan 2021-2025 and Human Capital Strategic Plan 2021-2025. Collective Bargaining Agreement (CBA) The USCP and FOP/Labor currently are operating under a CBA last ratified on June 8, 2010. The Committee worked to improve the trust between the USCP and FOP/Labor and strongly recommended the formal start of new CBA negotiations. On September 9, 2019, FOP/Labor notified the USCP and the Committee that it had failed to reach an extension agreement concerning the existing CBA and it had selected a new FOP/Labor CBA negotiation team. On October 9, 2019, the USCP notified FOP/Labor and the Committee that it too had selected a new USCP CBA negotiation team. On January 29, 2020, FOP/Labor informed the Committee it was pleased with the CBA negotiations to date. FOP/Labor President indicated the FOP/Labor CBA team reported the negotiations were positive, productive, and professional. Non- disclosure agreements had been finalized and were signed by all participating USCP and FOP/Labor teams as well as participating attorneys on February 19, 2020. The USCP noted the negotiations and discussions have been positive and productive. On February 24, 2020, Department informed the Committee that there had been six formal meetings to establish a new CBA. As a result of the COVID-19 pandemic and increasing infection numbers, on March 20, 2020, the USCP notified the FOP/Labor and the Teamsters Union of its decision to suspend both CBAs due to the COVID-19 pandemic. The USCP requested the FOP/Labor CBA Negotiation Team continue with CBA negotiations; however, FOP/Labor informed the USCP it could not continue CBA negotiations in good faith with the entire CBA being suspended under the exigent circumstances the USCP outlined. On March 23, 2020, FOP/Labor issued a press release outlining its opposition to the suspension of the entire CBA and its efforts to get the USCP to reconsider the unprecedented suspension of the entire CBA. The CBA remained suspended for April, May, and June of 2020. The USCP reinstated minor article portions of the FOP/ Labor Union CBA on July 15, 2020. The USCP and followed with further reinstatement of other articles on August 14, 2020. On September 17, 2020, Chief Sund and the FOP/Labor and Teamsters Unions re-initiated bi-weekly meetings. On October 6, 2020, FOP/Labor informed Committee it was notifying the Department it had reinstated the FOP/Labor Committee CBA Team and was ready to restart formal CBA negotiations. Training and Development On January 29, 2020, the Committee held a meeting with USCP's Chief Administrative Officer concerning training and development programs for sworn and civilian personnel. The USCP--CAO informed Committee staff that the USCP did not have any regulations in place or mandatory training program for employees which aided in their professional development. Further, the USCP--CAO also advised that there was no established requirement or program for supervisors to complete advanced leadership training prior to promotions. The Committee had previously recommended that the USCP--OIG review training issues. The Committee recognized the USCP had systemic leadership development and training deficiencies as reported in the USCP--OIG report, ``Assessment of the United States Capitol Police Leadership Training Program,'' Report Number OIG-2020- 07, dated March 2020. The OIG assessed, ``While it had a program providing new Sergeants and Lieutenants with leadership training, the [USCP] did not offer formalized leadership refresher training to Supervisors. The [USCP] also did not offer leadership training to develop future potential leaders. Without appropriate supervisory and leadership training, [USCP] leaders may have lacked the leadership skills necessary to perform their jobs.'' As a result of the Committee's oversight, the USCP Strategic Plan 2021-2025 identifies Goal 1--Invest in the USCP workforce. The USCP identified five objectives to successfully attain Goal--1: 1.1 Deliver valuable human capital management services aligned with the USCP's mission and strategic goals; 1.2 Cultivate a diverse, inclusive culture of transparency, collaboration, and equity that leverages employees' unique talent, skills, and perspectives; 1.3 Recruit and retain the workforce needed to meet the USCP's mission now and into the future; 1.4 Train and develop sworn and civilian personnel to ensure a ready, able and professional USCP workforce; and 1.5 Enhance performance management practices to support and sustain a high performing USCP workforce. The USCP-approved reorganization in October 2019 placed a Deputy Chief over the Training Division to ensure appropriate oversight, guidance and creation of codified mandatory employee and leadership basic/ advanced training programs. Reorganization On August 21, 2019, Chief Sund forwarded a USCP reorganization request letter to the Committee. The Chief requested the Committee's approval to conduct a structural reorganization of USCP. The reorganization would create new division level entities; Employee Wellness and Resiliency Division, Internal Controls and Risk Management Division, Badging and Credentialing Division, and the Employment and Suitability Division under the auspice of the Chief Administrative Officer (CAO). The request also outlined the renaming of the Protective Service Bureau/Intelligence Analysis Division to Intelligence and Interagency Coordination Division; the renaming of the Operational Services Bureau/Patrol/Mobile Response Division to Special Operations Division; and the renaming of the Office of Human Resources/Human Capital Strategy, Recruitment and Employment Division to Human Capital Strategy, Staffing and Employment Division. The Capitol Police Board was briefed regarding this request and endorsed the structural reorganization proposal. The reorganization would include the creation of a new Assistant Chief of Police, Inspector, and Captain executive positions. The new Assistant Chief of Police would oversee the Protective Services Bureau (PSB), comprised of the Intelligence and Interagency Coordination Division (IICD), Dignitary Protection Division (DPD), and the Investigations Division (ID). This position would also have responsibility over the Security Service Bureau (SSB), which manages the Physical Security Division (PSD), and the Technical Countermeasures Division (TCD). The Chief stated this reorganization would provide better oversight of the IICD and DPD which has had noted deficiencies outlined by the USCP OIG regarding a failure of appropriate command oversight, a lack of professionalized intelligence production/reviews, as well as integration of IICD and DPD with other department bureaus and divisions. A second Assistant Chief of Police would have responsibility over Uniformed Operations, comprised of the largest contingent of sworn USCP officers. The Assistant Chief of Police would also have responsibility over the Command and Coordination Bureau, Operational Services Bureau, and the Uniformed Services Bureau (USB). The proposal requested the addition of a new Captain position within the USB House Division to oversee the O'Neill House Office Building and the implementation of pre-screening and House Garage Security. The USCP proposal requested the formation of the Employee Wellness and Resiliency Division (EWRD) and the Internal Controls and Risk Management Division (ICRMD) under the responsibility of the CAO. EWRD would address all manners of employee physical, mental, and financial well-being while ICRMD will address audits, reviews, policy directives working with the OIG. The Chief's proposal requested the formation of two new divisions under the guidance of the CAO within the Office of Background Investigations and Credentialing (OBIC) would be the Badging and Credentialing Division (BCD) and the Employment Suitability Division (ESD). The USCP proposal requested the addition of an Inspector position to be assigned to the Office of the CAO to ``allow for a regular rotation within the core administrative element to learn and gain an in-depth understanding of the administrative and support functions . . . thereby preparing personnel at this rank for greater responsibilities and business acumen at the rank of Deputy Chief. On October 17, 2019, the Committee approved the USCP reorganizational proposal. COVID-19 Pandemic Response The COVID-19 pandemic had an adverse effect upon USCP and USCP-OIG operational activities including recruiting and training programs from March 2020 through December 2020. The Committee worked with the USCP, to modify security and screening procedures and other operations to ensure that the USCP could continue to carry out its critical core mission to ``Protect the Congress--its Members, employees, visitors, and facilities--so it can fulfill its constitutional and legislative responsibilities in a safe, secure and open environment.'' The Committee engaged all parties to ensure consistent communication concerning the modification of Capitol Complex security and safety measures were provided to Members, employees, and visitors. Since March 2020, the USCP issued over 100 Bulletins and notices to its employees. The USCP initiated on-line support services and working with the FOP/Labor took its safety suggestion and initiated a nationwide best practice of providing hotel lodging and meals for employees assigned for duty to prevent them from exposing their families if they should have contracted COVID-19 during their shift. The USCP provided over 40,000 lunches to all shifts as well as made available 1,100 hotel rooms to prevent COVID-19 transmission to families. The USCP provided N-95 (limited) and personal protective equipment (PPE) to all employees. Over 3,000 cloth masks and gloves were issued and all screening posts in HOBs were fitted with plexiglass barriers for extra protection for sworn officers as well as extra PPE working in conjunction with the Committee, HSAA, CAO, and AOC. The USCP reported FLETC training facilities in Brunswick, Georgia, and Cheltenham, Maryland, were closed, and training suspended in March 2020. The USCP had Class 209 and Class 210 sent home from training in FLETC--Brunswick, Georgia and Class 208 from FLETC--Cheltenham, Maryland. FLETC restarted classes after mandatory 14-day quarantine of students recalled to complete training on June 1, 2020. The USCP had 33 recruits affected by the COVID-19 delay. The USCP-OIG reported two of its investigators' training was extended for two weeks after FLETC--Brunswick, Georgia shut down all activity in November 2020 due to a COVID-19 outbreak at the facility. The two USCP- OIG investigators will graduate in December 2020. The USCP-OIG was successful in hiring investigators during FY 2020 and for the first time was fully staffed with 10 investigators increasing its capability to address matters in a more efficient and effective manner. On December 11, 2020 the USCP reported to the Committee its 90th employee COVID-19 infection, with 64 employees having recovered and returned to work. The USCP negotiated with OAP and the District of Columbia to have priority testing available to employees exhibiting COVID-19 symptoms. SMITHSONIAN INSTITUTION The Committee serves as the primary legislative and oversight body for the Smithsonian Institution, a quasi-federal institution of 19 museums, 21 libraries, the National Zoo, numerous research centers, and several education centers. Approximately two-thirds of the Smithsonian's funding is from federal appropriations. The Smithsonian is overseen by a Board of Regents, which is composed of the Chief Justice, Vice President, Members of the House and Senate, and other private citizens known as ``Citizen Regents.'' Citizen Regents are appointed to six-year terms by joint resolution of Congress. During the 116th Congress, the Smithsonian Board of Regents nominated five individuals to serve as Citizen Regents: John Fahey, Risa J. Lavizzo-Mourey, Michael Lynton, Denise O'Leary, and Franklin Raines. The Committee met with the new nominees prior to their appointment. Mr. Fahey, Dr. Lavizzo-Mourey, and Mr. Lynton were reappointed to the Board of Regents via S.J. Res. 65, S.J. Res. 67 and H.J. Res. 87, respectively. Ms. O'Leary and Mr. Raines were appointed to their first term on the Board of Regents via S. J. Res. 66 and H. J. Res. 88, respectively. The Institution's day-to-day operations are led by the Secretary of the Smithsonian. The current Secretary, Lonnie G. Bunch III, assumed his position on June 16, 2019. Secretary Bunch was previously the founding Director of the Smithsonian's National Museum of African American History and Culture. On September 18, 2019, the Committee held a hearing entitled, ``Oversight of the Smithsonian Institution.'' Witnesses at the hearing included Secretary Bunch and Cathy L. Helm, the Smithsonian's Inspector General. The hearing provided an opportunity for the Committee to discuss Secretary Bunch's vision, as well as some of the issues and challenges facing the Institution. Such issues and challenges included the renovation of the National Air and Space Museum, a growing deferred maintenance backlog, a lack of diversity, collections management, and information technology/security. The Committee continues to work with the Smithsonian to address the above referenced issues. For example, in response to the deferred maintenance backlog, the Committee sent a bipartisan letter to the Appropriations Committee requesting that the appropriation for maintenance match industry standards and be available until expended. The Committee is also working with the Smithsonian on solutions to collections management problems and its information technology/security challenges. The Committee focused extensively on increasing diversity within the Smithsonian during the 116th Congress. As will be described herein, the Committee's efforts culminated in the authorization of two new museums honoring Latinos and women, respectively. As of this writing, authorizations for both museums have passed both chambers of Congress and are awaiting the President's signature. On February 5, 2020, the Committee held a hearing entitled, ``Oversight of the Smithsonian Institution: Opportunities for Growth by Honoring Latino Americans and Asian Pacific Americans.'' The hearing centered on two bills, H.R. 2420, the National Museum of the American Latino Act, which would authorize the creation of the National Museum of the American Latino, and H.R. 4132, the Commission to Study the Potential Creation of National Museum of Asian Pacific American History and Culture Act. This bill would create a commission to study the feasibility of creating a museum dedicated to Asian Pacific American History. Governmental witnesses at the hearing included Reps. Jose Serrano and Will Hurd, the two sponsors of H.R. 2420; Rep. Grace Meng, who sponsored H.R. 4132, and Secretary Bunch. Additional witnesses included Henry Munoz, Chair of the National Museum of the American Latino Commission; Dr. Beth Lew-Williams, Associate Professor of History at Princeton University; Lisa Sasaki, Director of the Smithsonian Asian Pacific American Center; and Dr. Eric Petersen, a Specialist in American National Government at the Congressional Research Service. The hearing included a constructive conversation with the witnesses about the importance of diversifying the Smithsonian and ways in which H.R. 2420 and H.R. 4132 could help achieve that goal. On July 27, 2020, the House agreed to H.R. 2420 under suspension of the rules. On December 21, 2020, both the House and Senate agreed to the provisions of H.R. 2420 and incorporated the bill into H.R. 133, the Consolidated Appropriations Act for Fiscal Year 2021, which was signed by the President on December 27, 2020. This represents the culmination of more than 15 years of efforts to make the National Museum of the American Latino a reality. In addition to the bill establishing the National Museum of the American Latino, the Committee also shepherded H.R. 1980, the Smithsonian Women's History Museum Act, to passage on the House Floor. This bill, sponsored by Rep. Carolyn Maloney, was marked up by the Committee on November 12, 2020. The bill was ordered favorably reported to the House by voice vote and, on February 11, 2020, was agreed to by the House under suspension of the rules. On December 21, 2020, the House and Senate agreed to the provisions of the bill establishing a national women's history museum and included it in H.R. 133, the Consolidated Appropriations Act for Fiscal Year 2021, which was signed by the President on December 27, 2020. When the authorization to create this museum is signed into law, it will be the result of more than 25 years of efforts to establish this vitally important museum. Appropriately, this bill passed during the 100th anniversary of the ratification of the 19th amendment, which granted women the constitutional right to vote. Finally, the Committee met regularly with the Smithsonian and the Smithsonian Office of Inspector General to conduct oversight and perform site visits. Topics discussed during these meetings included, for example, information security, new programming, collections management, deferred maintenance, the COVID-19 pandemic and impacts to the Institution and Smithsonian Enterprises. LIBRARY OF CONGRESS The Committee met regularly with Library of Congress (Library) management and the Library Office of Inspector General during the 116th Congress to monitor and review operations, services and planning initiatives. Areas of focus for the Committee included information technology (IT) modernization, Copyright Office modernization, reimagination of the Library visitor experience, the operations of the Congressional Research Service (CRS), the Library's response to the COVID-19 pandemic, overseas offices, Congress.gov, the National Library Service for the Blind and Print Disabled, and the Law Library. Information Technology As technology has advanced and the needs of Library patrons have changed, the Library has increased its reliance on IT. In 2015, the Government Accountability Office (GAO) reviewed IT management at the Library and produced a report with wide- ranging recommendations to improve IT. In response, and with oversight from the Committee, the Library has undertaken an IT modernization effort that has continued into the 116th Congress. This modernization effort includes an overhaul of records storage, utilization of both the cloud and a new data center, a more stabilized core IT structure, improved IT governance and a more centralized and professionalized IT workforce. The Office of the Chief Information Officer (OCIO) aligned the Library's IT governance with the new centralized structure. To ensure the Library's IT efforts worked in concert with its strategic plan, OCIO implemented a FY 2019-2023 directional plan in May 2019. Efforts under this directional plan include a transition to a new data center and enterprise cloud environment, and implementation of multifactor authentication for all Library users. In addition, OCIO worked closely with the various Library business units on IT modernization. Modernization of the U.S. Copyright Office, including IT modernization, will be discussed in greater detail below. Moreover, the Library has experienced record web traffic on its various websites, including Congress.gov and Copyright.gov. This is attributed, in part, to the COVID-19 pandemic. Additionally, the Library created new streams of programming, including the Library Engage and Families blog, to provide content to users impacted by the pandemic and the Library's on- site closure. Programming traditionally held in person, such as the National Book Festival, was successfully transitioned to fully virtual events. In all, in FY 2020, total Library page views were up 56 percent, total visits were up 46 percent, and mobile visits were up 83 percent. Included in this data is traffic to Library of Congress educational websites. The Committee worked with the Library to provide educational websites to Members during the COVID-19 pandemic. Members then sent this information to parents and teachers within their districts. Visitor Experience and Thomas Jefferson Building Renovations The Committee provided oversight of renovations to the Thomas Jefferson Building, made as part of the effort to enhance the visitor experience. This project includes the creation of a new youth center, improvement to exhibit infrastructure through the creation of a treasures' gallery, and the means to provide more collection-based civics and history education to visitors. The youth center will be made up of ``learning labs''' that will let young people interact with the Library's collections. In addition, the Library is constructing a new orientation space where visitors will be able to look up through an oculus to view the main reading room. The project is funded through a public-private partnership that provides $40 million in appropriated funds and $20 million in matching private funds raised by the Library. The Committee continues to provide oversight over the various elements of the project, including the treasures gallery, scheduled to open to the public in December 2022, the youth center, scheduled to open to the public in December 2023, and the orientation gallery. Conceptual design directions for the orientation gallery are expected in early 2021. United States Copyright Office As part of the Library's broader modernization efforts, the United States Copyright Office (USCO) is in the process of implementing an office-wide initiative to build a new enterprise copyright IT system with a user-centered, flexible design. The new copyright system is intended to streamline processes and policies and improve access. It includes, among other projects, reimagined registration and recordation systems, as well as an improved application process. The Committee has focused a significant portion of its oversight efforts with respect to the Library on USCO modernization. The new Enterprise Copyright System (ECS) will include the UCO registration, recordation, public records, and licensing IT applications. A copyright public records application pilot is now available inside the USCO and will be launching to the public later in December 2020. A copyright recordation application pilot was launched in April 2020. New features will continue to be added through the end of FY2024. A new web-based application for registration is in development. Foundational design was completed in April 2020. The full registration application development process began soon thereafter and will run through the end of FY2024. Development of a licensing application began in FY2020. The application has a dedicated user experience design and initial automated workflow. Development efforts will accelerate through FY2021. Finally, an updated user experience and platform is in development. The goal is to ensure the ECS is easy to operate. This project began in September 2020 and will continue through September 2021. The above referenced work is now taking place under a new Register of Copyrights. Shira Perlmutter, who previously served as Chief Policy Officer and Director for International Affairs at the United States Patent and Trademark Office, assumed this role on October 26, 2020. Congressional Research Service On June 20, 2019, the Committee held a hearing entitled, ``Oversight of the Congressional Research Service.'' CRS provides nonpartisan, confidential research and analysis on a wide range of issues for Members of Congress and staff. The primary focuses of the CRS hearing were the identification of both challenges facing the agency and solutions therefor. The Committee heard testimony from the Director of CRS, Mary Mazenac, and President of the Congressional Research Employees Association, Dr. Susan Thaul. The main challenges identified at the hearing pertained to the CRS workforce. The CRS workforce has been declining steadily since 2010, with the service experiencing an overall attrition rate of approximately 10 percent. In addition, lack of diversity and declining morale were also identified as issues by CRS employees. The Committee continues to work with CRS to address these issues and has held numerous follow-up meetings with CRS and other stakeholders within the Congressional community. OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS The beginning of the 116th Congress marked the start of a number of reforms to the Office of Congressional Workplace Rights (OCWR), formerly named the Office of Compliance. The end of the 115th Congress saw the enactment of the Congressional Accountability Act Reform Act (CAARA) the first major update to the 1995 Congressional Accountability Act (CAA), which first applied 13 workplace and accessibility laws to Congress and created the Office of Compliance to administer and enforce the CAA.\15\ --------------------------------------------------------------------------- \15\P.L. 115-397, 132 Stat. 5297. --------------------------------------------------------------------------- The Committee worked on a bipartisan and bicameral basis to provide guidance to OCWR on implementing several key reforms by their statutory deadlines. Treasury Repayment Reporting Among other key reforms, CAARA mandated that Members of Congress be held personally liable for their acts of harassment and retaliation; and that the Committee would be responsible for establishing a timetable and procedures for withholding amounts from the compensation of a Member who is required to reimburse any portion of an award or settlement under the Congressional Accountability Act (CAA); and that the Committee issue rules establishing the content, format, and other requirements for an annual public report that the OCWR is required to make to Congress and the public about payments made for settlements and awards under the CAA. The Committee worked with OCWR and other stakeholders to establish the new requirements in accordance with these reforms, resulting in the successful publication of semiannual reports in both the first and second sessions of this Congress. Despite the absence of a mandate in the CAARA to hold Members equally liable for their personal acts of discrimination and retaliation, the Committee worked with the Committee on Rules to establish in the 116th Congress for the first time that Members will be held to the same repayment standard for acts of discrimination as they are for harassment or retaliation. Online Employee Claims System Another key reform required OCWR to develop an online system for legislative branch employees to file a claim regarding allegations of prohibited workplace misconduct. Staff from the Committee and the Senate Committee on Rules and Administration met with OCWR staff individually and jointly in advance of the statutory deadline to ensure OCWR would meet the various requirements set forth by the reform act. The Committees convened a bicameral, bipartisan meeting with staff from OCWR and the LOC to discuss the online filing system. The system was launched as the Secure Online Claims Reporting and Tracking E-Filing System (SOCRATES). The Committee continued its oversight responsibilities through the COVID-19 pandemic monitoring the potential impact to employees on the claims process. All claims, hearings and mediations continued to be processed in accordance with statutory deadlines. Nine claims were filled during the pandemic via SOCRATES and two administrative hearings were conducted remotely via Webex. Permanent Posting of Workplace Rights Information The CAARA added a requirement for all employing offices to erect permeant postings in a conspicuous location of employee's workplace rights, along with information about the alternative dispute resolution process. The Committee worked to establish rules and a timeline for House employing offices to comply with this change.\16\ --------------------------------------------------------------------------- \16\Committee Resolution 116-7. --------------------------------------------------------------------------- Additionally, the committee worked with OCWR to ensure the House community was made aware of the free dissemination of workplace posters and where and how to obtain any additional posters in order to be compliant with the new law and regulations. These notices will help to ensure that new and current employees are informed of their rights. Anti-Discrimination and Anti-Harassment Policy for House Offices While not included in the CAARA, the Committee acted to further strengthen workplace rights by establishing an anti- discrimination and anti-harassment policy by working with the Committee on Rules to include in the House Rules package for the 116th Congress a requirement that all employing House offices have a written anti-discrimination, anti-harassment policy, to be provided to employees. Employees include interns, paid and unpaid, and fellows. The Committee worked to establish and pass guidelines to establish a minimum set of standards for the policy and worked with other stakeholders to provide a model policy or guide for offices to build their policy language around. Climate Survey Section 202 of the CAARA provided for a first-ever legislative branch-wide workplace climate survey. House and Senate oversight committees worked in a bipartisan and bicameral way to develop methodologies for a comprehensive climate survey. From the Committee's work with other oversight committees in overseeing and giving feedback, the creation of a comprehensive survey with emphasis on the respondents' attitudes towards harassment and discrimination was launched. Due to the unforeseen circumstances of the COVID-19 pandemic and holiday launch of the first survey, all the surveys had to be extended and the last surveys of the legislative branch will be concluded by the end of the year. Mandatory Workplace Rights Education Training As a result of an OCWR 102(b) recommendation, the Committee constructed and passed a resolution establishing a mandatory anti-harassment and anti-discrimination training program that would be required to be taken annually by every employee and Member.\17\ The program is now in its third year and has trained over 14,000 employees each year. --------------------------------------------------------------------------- \17\This recommendation can be found in numerous 102(b) annual reports, but most recently for the 116th, 115th and 114th Congresses. --------------------------------------------------------------------------- The Committee worked to establish training guidelines and regulations to govern both sessions of Congress, however the committee had to quickly pivot during the early stages of the coronavirus pandemic. During the COVID-19 pandemic, the Committee closely monitored and regularly consulted with the OAP, House Officers, and others about impacts on the House community. As a result, the Committee cancelled all live-in person training classes and rescheduled live interactive webinars which counted as completing the mandatory training requirement for the rest of the 2020 year. OFFICE OF THE WHISTLEBLOWER OMBUDSMAN Established during the 116th Congress by Section 104(e) of H. Res. 6 (116th Congress), the Office of the Whistleblower Ombudsman (Office) is charged with promulgating best practices for Congressional offices to receive whistleblower disclosures and providing training and resources to equip offices to effectively administer all stages of whistleblower claims, from initial disclosures to an ultimate disposition. After an extensive public search and interview process conducted by the bipartisan staffs of the Committee, Shanna Devine was appointed by Speaker Nancy Pelosi as the inaugural director of the Office. In July 2020, the Committee issued hiring regulations establishing the internal structure of the office and authorizing the Director to hire personnel.\18\ --------------------------------------------------------------------------- \18\Committee Resolution 116-22, 116th Congress, adopted July 30, 2020. --------------------------------------------------------------------------- The Office responds to individual Member and Committee office requests for trainings and other resources and regularly conducts virtual trainings through the Congressional Staff Academy. To date, the Office has conducted nearly 100 such sessions. FEDERAL ELECTIONS Overview From the opening days of the 116th Congress, the Committee swiftly reasserted its historic role in conducting oversight of federal elections, election administration, the integrity of U.S. elections, and ensuring access to the franchise for all Americans. In contrast to the 115th Congress, where the Committee held one hearing on elections, in the 116th Congress the Committee held five full Committee hearings on elections. These hearings included examining critical democracy reforms, securing America's election systems, oversight of the Election Assistance Commission (EAC), the first hearing calling all three major election systems vendors before Congress together, and voting safely during the COVID-19 pandemic. The Committee reported out, and shepherded through House passage, three major pieces of elections legislation: H.R. 1, the For the People Act of 2019; H.R. 2722, the Securing America's Federal Elections Act; and H.R. 4617, the Stopping Harmful Interference in Elections for a Lasting Democracy Act. These bills addressed critical election issues such as equitable access to American democracy, strengthening election infrastructure, and combatting foreign interference in American elections. The Committee conducted oversight over the two federal agencies under its purview, the Federal Election Commission (FEC) and the EAC, examined how Americans could vote safely during the COVID-19 pandemic, extensively revamped the Committee's contested elections program, and sent observers to more than 20 Congressional races during the 2020 general election. One of the first actions taken by the Committee at the start of the 116th Congress was the reconstitution of the Committee's Subcommittee on Elections. The Subcommittee on Elections conducted extensive oversight of federal elections administration and access to the franchise, taking Congress to the American people by convening an inaugural listening session and seven field hearings, as well as five additional hearings during the 116th Congress. The Committee also responded to the once-in-a-generation challenges of voting during a global pandemic by holding hearings on the impact of the COVID-19 pandemic on voting, voting safely during a pandemic, and preparing legislation to protect voters, support state and local election administrators, and secure our elections. Legislation The Committee reported out, and the House passed, three major pieces of election reform legislation in the 116th Congress. H.R. 1, the ``For the People Act of 2019,'' is the most ambitious pro-democracy reform package and most significant overhaul of the American election system in modern history, expanding access to the franchise for all Americans, removing dark money from politics, and strengthening ethics in government. H.R. 2722, the ``Securing America's Federal Elections (SAFE) Act,'' would provide critical resources to states and localities to bolster election infrastructure while ensuring necessary funding to replace aging voting equipment with voter-verified paper ballot systems and implementing additional cybersecurity protocols. Finally, H.R. 4617, the ``Stopping Harmful Interference in Elections for a Lasting Democracy (SHIELD) Act,'' is comprehensive legislation that strengthens the resilience of our democracy and protects against foreign interference in elections, including by foreign governments. H.R. 1--For the People Act of 2019 H.R. 1, the ``For the People Act of 2019'' was introduced by Rep. John P. Sarbanes of Maryland on January 3, 2019. It represents the culmination of years of legislative work, containing provisions introduced over the years by many Members of Congress. H.R. 1 addresses the democratic promise--the advancement of a responsive, fully representative government. The Federalist No. 57 states: Who are to be the electors of the federal representatives? Not the rich, more than the poor; not the learned, more than the ignorant; not the haughty heirs of distinguished names, more than the humble sons of obscurity and unpropitious fortune. The electors are to be the great body of the people of the United States.\19\ \19\Federalist No. 57, in The Federalist Papers, available at https://guides.loc.gov/federalist-papers/text-51-60#s-lg-box-wrapper- 25493433. A series of 85 essays written by Alexander Hamilton, James Madison, and John Jay, appeared anonymously in New York newspapers under the pen name ``Publius.'' Federalist No. 57 is considered to be the work of either Alexander Hamilton or James Madison. It is the promise of American democracy that the people choose their representatives, not the other way around. H.R. 1 would help fulfill that promise. For far too long, many Americans have chosen not to participate in the electoral process, feeling shut out and as though their vote does not matter or does not make a difference. Though this was the highest turnout in 50 years, only about half of the voting-eligible population voted in the 2018 midterm elections.\20\ H.R. 1 would implement nationwide automatic voter registration to enfranchise 50 million eligible citizens, provide for same day voter registration, and online voter registration. It would also prohibit deceptive practices, increases access to the polls for voters with disabilities, provide grants to states to replace outdated voting infrastructure, and require the disclosure of dark money donors--not limiting their speech but simply asking them to stand by it. H.R. 1 incorporates key provisions of the late Rep. John Lewis of Georgia's H.R. 1275, the ``Voter Empowerment Act,'' and dismantles systemic, discriminatory barriers to voting by ending the indiscriminate purging of eligible voters from the rolls, restores voting rights to individuals with felony convictions after they have completed their prison sentences, and expands access to absentee and early voting. --------------------------------------------------------------------------- \20\Camila Domonoske, ``A Boatload of Ballots: Midterm Voter Turnout Hit 50-Year High,'' NPR (Nov. 8, 2018), available at https:// www.npr.org/2018/11/08/665197690/a-boatload-of-ballots-midterm- voterturnout-hit-50-year-high. --------------------------------------------------------------------------- Prior to the passage of H.R. 1, on February 14, 2019, the Committee held a two-panel, full Committee hearing, entitled ``For the People: Our American Democracy.'' Expert witnesses testified to the policies included in H.R. 1, while others testified to their personal experiences trying to navigate the democratic process. Witnesses included Chiraag Baines, Director of Legal Strategies, Demos; Peter Earle, Wisconsin Civil Rights Trial Lawyer; Brandon A. Jessup, Data Science and Information Systems Professional; Executive Director, Michigan Forward; Alejandro Rangel-Lopez, Senior at Dodge City High School, Dodge City, Kansas and plaintiff in LULAC & Rangel-Lopez v. Cox; Wendy Weiser, Director, Democracy Program, Brennan Center for Justice; Fred Wertheimer, President, Democracy 21; David Keating, President, Institute for Free Speech; and Kim Wyman, Secretary of State, Washington. H.R. 1 was marked-up by the Committee on February 26, 2019, and ordered reported favorably. When H.R. 1 was considered on the House floor, more than 50 amendments were offered by more than 40 Representatives. H.R. 1 passed the House on March 8, 2019, by a vote of 234 to 193.\21\ --------------------------------------------------------------------------- \21\U.S. House of Representatives, Office of the Clerk, Roll Call 118, Bill Number: H.R. 1, 116th Congress, 1st Session, available at https://clerk.house.gov/Votes/2019118. --------------------------------------------------------------------------- H.R. 2722, Securing America's Federal Elections (SAFE) Act The legitimacy of our representative system of self- government rests on every eligible voter casting a ballot with the confidence that it will count. Aging equipment, under- resourced jurisdictions, and interference by foreign entities or non-state actors leave the system vulnerable to exploitation that undermines confidence in our election outcomes. Following Russian interference in the 2016 election, Congress did not do nearly enough to tackle these problems. The risks posed by the previously exploited vulnerabilities remained. Despite the overwhelming evidence of these vulnerabilities, the White House failed to direct resources toward securing the nation's election infrastructure. In 2016, Russian hackers targeted state voting systems, and sought to infiltrate voter registration databases and the networks of election technology vendors. This attack exposed the numerous vulnerabilities in our nation's election infrastructure. Many states had not kept pace with changing voting technology. At the time of the SAFE Act, in at least 40 states, elections were carried out using voting machines that were purchased more than a decade ago.\22\ The Mueller Report largely confirmed what was already known about Russian interference in the 2016 election; however, it did reveal that a Florida county had been breached by hackers. Several Trump administration officials, and one former official, made public comments emphasizing the seriousness of the threat and urgent need for action. Experts were unequivocal in their assessment that foreign interference would continue in the lead up to the 2020 election. --------------------------------------------------------------------------- \22\Brennan Center for Justice, New Analysis Shows Voting Machines Remain Vulnerable Ahead of 2020 Elections, (Mar. 5, 2019), available at https://www.brennancenter.org/press-release/new-analysisshows-voting- machines-remain-vulnerable-ahead-2020-election. --------------------------------------------------------------------------- To address these issues, Chairperson Lofgren introduced H.R. 2722, the Securing America's Federal Elections (SAFE) Act on May 14, 2019. The SAFE Act provides critical resources to states and localities to bolster election infrastructure, helps states plan for the future by providing ongoing maintenance funding on a biannual basis, provides grant programs for states to implement required risk-limiting audits, institutes accountability for election technology vendors so that they abide by cybersecurity standards, and spurs innovation by awarding grants for research and development that will improve the accessibility of election infrastructure. Prior to marking-up the SAFE Act, the Committee held a hearing on election security on May 8, 2019. The Committee heard testimony from witnesses Jocelyn Benson, Secretary of State, Michigan; Joseph L. Hall, Chief Technologist and Director, Center for Democracy and Technology; Lawrence Norden, Deputy Director, Democracy Program, Brennan Center for Justice; Marian Schneider, President, Verified Voting Foundation; and John Merrill, Secretary of State, Alabama. The SAFE Act was marked-up by the Committee on June 21, 2019 and ordered reported favorably. It passed the House on June 27, 2019 by a vote of 225 to 184. H.R. 4617, Stopping Harmful Interference in Elections for a Lasting Democracy (SHIELD) Act During the 2016 and 2018 elections, Russian state actors attempted to influence our elections. Special Counsel Robert Mueller concluded in his March 2019 report on the investigation into Russian election interference that the ``Russian government interfered in the 2016 presidential election in sweeping and systematic fashion.''\23\ The attempts to interfere did not stop in 2016. Special Counsel Mueller testified before Congress in 2019 that ``[t]hey're doing it as we sit here.''\24\ The ease with which foreign entities interfered in the 2016 presidential election emboldens future adversaries to interfere in elections to come. In 2019, then- Director of National Intelligence Dan R. Coats issued a stern warning about likely foreign interference in the upcoming 2020 elections: ``Our adversaries and strategic competitors probably already are looking to the 2020 US elections as an opportunity to advance their interests.''\25\ Additionally, these views were shared by FBI Director Christopher Wray. In July 2019 he testified in a Senate Judiciary Committee hearing that ``[t]he Russians are absolutely intent on trying to interfere with our elections.''\26\ --------------------------------------------------------------------------- \23\Special Counsel Robert S. Mueller, III, Report on the Investigation Into Russian Interference in the 2016 Presidential Election, Volume I, pg. 1, available at https://www.justice.gov/ storage/report.pdf. \24\Transcript of the Hearing: ``Former Special Counsel Robert S. Mueller III on the Investigation Into Russian Interference in the 2016 Presidential Election,'' July 24, 2019, U.S. House of Representatives, Permanent Select Committee on Intelligence, at p. 66. \25\Daniel R. Coats, Statement for the Record: Worldwide Threat Assessment of the U.S. Intelligence Community, Jan. 29, 2019, pg. 7, available at https://www.dni.gov/files/ODNI/documents/2019-ATASFR--- SSCI.pdf. \26\Doina Chiacu, REUTERS, ``FBI Director Wray: Russia Intent on Interfering with U.S. Elections,'' July 23, 2019, available at https:// www.reuters.com/article/us-usa-election-security/fbi-director-wray- russia-intenton-interfering-with-us-elections-idUSKCN1UI1XW. --------------------------------------------------------------------------- H.R. 4617, the SHIELD Act is a comprehensive piece of legislation that strengthens the resilience of our democracy and protects against foreign interference in elections, including interference by foreign governments. The bill requires political committees to report foreign contacts that involve offers of unlawful campaign assistance to the FBI and FEC. It also modernizes campaign finance law to uphold Americans' right to know who is behind election-related advertising and disinformation, including better disclosure of the sources of online political advertisements. Additionally, the bill closes gaps in the law that foreign nationals (including foreign governments) can exploit to influence elections. The Committee marked-up the SHIELD Act on October 16, 2019, and ordered the bill reported favorably. The House passed the SHIELD Act on October 23, 2019, by a vote of 227 to 181. Additional Legislative Activities On October 29, 2019, Chairperson Lofgren managed the Floor debate for H.R. 1623, the ``Help America Run Act (HARA),'' a bill introduced by Rep. Katie Porter of California and referred to the Committee. H.R. 1623 was considered under suspension of the rules agreed to by the House on October 29, 2019. HARA removes barriers to running for office by allowing for certain personal use services to be considered as campaign committee expenditures, including childcare, elder care, and health insurance if the services are necessary to enable the candidate to participate in campaign-connected activities. This would only apply to candidates for federal office who are not current federal office holders. The Committee also discharged consideration of H.R. 4990, the Election Technology Research Act of 2020, a bill introduced by Rep. Mikie Sherrill of New Jersey, which directs the National Institute of Standards and Technology (NIST), the National Science Foundation (NSF), and other agencies to support research on voting systems. H.R. 4990 was considered under suspension of the rules and passed on the House Floor on September 16, 2020. Additionally, the Committee worked with the House Armed Services Committee to include two voting-related provisions in H.R. 6395, the ``National Defense Authorization Act for Fiscal Year 2021 (NDAA).'' One provision, offered by Rep. Susan Davis of California, would require the chief state election official, in coordination with local election jurisdictions, to establish and operate an absentee ballot tracking program. The second, offered by Rep. Michael Turner of Ohio, Rep. Jason Crow of Colorado, and Committee Ranking Member Rodney Davis of Illinois, would require the Secretary of Defense to take actions necessary to ensure that an absent uniformed services voter who is absent from the United States by reason of active duty or service at a diplomatic and consular post is able to receive and transmit balloting materials in the same manner and with the same rights and protections as a uniformed services voter absent by reason of active duty or service at a military installation. Hearings The Committee held a number of other hearings. On May 21, 2019, the Committee held an oversight hearing with the Commissioners from the EAC. Commissioners Benjamin Hovland, Thomas Hicks, Christy McCormick, and Donald Palmer testified before the Committee. The EAC was created by the Help America Vote Act (HAVA) of 2002\27\ to administer the newly created grant program, to develop guidance to assist states in meeting HAVA requirements, and to serve as a national clearinghouse of information on election administration. In addition, the EAC tests and certifies voting machines, provides guidance on managing election technology, and works with state and local officials to assist them in preparing for elections. --------------------------------------------------------------------------- \27\P.L. 107-252, 116 Stat. 1666. --------------------------------------------------------------------------- For the first time in several years, the Committee sought to strengthen, and not shutter, the EAC. With a full slate of EAC commissioners in place, the Committee focused on oversight, addressing personnel and morale issues at the agency, working to ensure the Voluntary Voting System Guidelines (VVSG) updates were back on track, and addressing resourcing issues. On January 9, 2020, the Committee held a hearing titled ``2020 Election Security--Perspectives from Voting Vendors and Experts,'' in which the heads of each of the three major election machine vendors appeared before Congress for the first time together. Witnesses included Tom Burt, President and CEO, Election Systems & Software; Julie Mathis, President and CEO, Hart InterCivic; and John Poulos, President and CEO, Dominion Voting Systems. The vendors called to appear for this hearing, Election Systems & Software (ES&S), Dominion, and Hart InterCivic, sell more than 80 percent of the voting systems in use today.\28\ While the EAC produces the Voluntary Voting System Guidelines (VVSG), the vendors themselves are free from federal oversight. --------------------------------------------------------------------------- \28\Kim Zetter, N.Y. TIMES MAGAZINE, The Crisis of Election Security: As the midterms approach, America's electronic voting systems are more vulnerable than ever. Why isn't anyone trying to fix them?, (Sept. 26, 2018), available at https://www.nytimes.com/2018/09/26/ magazine/election-security-crisis-midterms.html. --------------------------------------------------------------------------- During questioning at the hearing, all three vendor CEOs expressed support for federal regulations requiring vendors to disclose ownership and foreign investment. The CEOs expressed support regarding requirements to disclose company cybersecurity practices, cyberattacks experienced by the companies, background checks done on employees, foreign investments in the companies, and information on the supply chain involved in building the voting equipment. In addition to the CEOs, the Committee heard testimony from Matt Blaze, Professor of Law, Georgetown University Law Center; Juan Gilbert, Andrew Banks Family Preeminence Endowed Professor and Chair, University of Florida; Liz Howard, Counsel, Brennan Center for Justice; Rev. T. Anthony Spearman, President, North Carolina NAACP; Donald Palmer, Commissioner, Election Assistance Commission; and Mike Gianasi, County Clerk and Recorder, Christian County of Illinois. Additional Oversight The Committee sent several oversight letters to federal agencies, election administrators, and election equipment vendors. The Committee sent three oversight letters to the Election Assistance Commission, two oversight letters to election machine vendors, and three oversight letters to the Federal Election Commission. The Committee sent an oversight letter to the EAC in April 2019, inquiring about past agency activities and plans for future activity. In June 2019, the Committee sent another letter expressing ongoing concerns about the management of the EAC under then-Executive Director Brian Newby. Additionally, in November 2019, the Committee sent a letter to the EAC with a series of questions about the security and testing requirements for voting machines. The Committee has also conducted quarterly, bipartisan oversight meetings with majority and minority committee staff, the EAC Commissioners, and agency senior staff. Prior to the election machine vendors hearing, the Committee sent an oversight letter in July 2019 to ES&S and Hart InterCivic inquiring about the use of Microsoft Windows 7 on their voting machines following reports that Windows 7 would not be supported by Microsoft after January 14, 2020. Additionally, the Committee sent a letter to each of the three vendors in September 2019 requesting information regarding the security and testing requirements for their voting machines. The Committee sent an oversight letter to the FEC in April 2019 posing more than 45 questions to the agency regarding its operating posture, key vacancies at the agency, challenges, and enforcement actions, among others. The Committee sent a second letter in December 2019 comprised of more than 30 additional questions, building upon the earlier set contained in the April letter. Finally, the Committee sent a third oversight letter in June 2020 asking a series of questions about how the pandemic impacted the Commission and the Commission's unresolved enforcement caseload, among others. Subcommittee on Elections During the 116th Congress, Rep. Marcia L. Fudge of Ohio chaired the Subcommittee on Elections. From the outset, the Subcommittee's goal was to take Congress to the American people, engage with voters, stakeholders, advocates officials, and election administrators, and collect evidence and testimony on the state of voting rights and election administration across America. The Subcommittee on Elections held one listening session and 12 hearings, including eight field hearings. The Subcommittee conducted a listening session in Brownsville, Texas, and field hearings in Atlanta, Georgia; Fort Yates, North Dakota; Weldon, North Carolina; Cleveland, Ohio; Ft. Lauderdale, Florida; Birmingham, Alabama; and Phoenix, Arizona. Following the field hearings, the Subcommittee held a summary hearing in Washington, D.C. The testimony and documents gathered during the series culminated in the report written by Subcommittee staff, Voting Rights and Election Administration in the United States of America.\29\ The report summarized the findings of the Subcommittee's series of field hearings under the title Voting Rights and Election Administration, and was included in the committee report accompanying H.R. 4, the ``Voting Rights Advancement Act of 2019.''\30\ --------------------------------------------------------------------------- \29\Comm. on House Admin., Subcomm. on Elections, staff print, Voting Rights and Election Administration in the United States of America, 116th Cong., 1st Sess. (2019), available at https:// cha.house.gov/sites/democrats.cha.house.gov/files/documents/ Voting%20Rights%20and%20Election%20Administration%20in%20America.pdf. \30\Supra note 2, Comm. on Judiciary, Voting Rights Advancement Act of 2019, 109-251, H. Rept. 116-317, 116th Cong. (2019). --------------------------------------------------------------------------- The Subcommittee also held hearings on Native American voting rights, the impact of the COVID-19 pandemic on voting, voting in the U.S. territories, and combatting misinformation and disinformation in the 2020 general election. Subcommittee Field Hearings From the outset, the Subcommittee examined the landscape of voting in America after the U.S. Supreme Court's decision in Shelby County v. Holder\31\ to determine whether Americans can freely cast their ballot, examine what barriers, if any, have been erected that impede access, and ensure American's believe their ballot is counted as cast. The Subcommittee heard from voting and election advocates, experts, community leaders, litigators, and voters about the state of voting rights and election administration in their communities with the goal of documenting any barriers and shedding light on them through the Subcommittee's final report. --------------------------------------------------------------------------- \31\570 U.S. 529 (2013). --------------------------------------------------------------------------- The Subcommittee learned that pernicious voting changes have been implemented in states both previously covered under the Voting Rights Act (VRA) and those that were not. During the field hearing series, the Subcommittee visited eight states, called more than 60 witnesses, gathered several thousand pages of testimony, documents, and transcripts, and hours of oral testimony were delivered before Members of the Subcommittee. While the evidence collected by the Subcommittee shows many legacy voter suppression tactics are still pervasive, a new wave of surreptitious tactics has also emerged. To suppress the vote, states have aggressively purged otherwise eligible voters from the voter registration rolls, made cuts to early voting and same-day voter registration, moved, closed, or consolidated polling places without adequate notice to voters, required exact name or signature match, engaged in discriminatory gerrymandering, and restricted language access and assistance, among other devices. General election administration issues also serve as barriers to voting, especially when compounded with other suppressive, discriminatory tactics. The Subcommittee heard testimony on a lack of compliance with the National Voter Registration Act (NVRA), inconsistent poll worker training and a lack of adequate resources, use of provisional ballots, attempts to require proof of citizenship, the continued disenfranchisement of Americans with prior felony convictions, the proliferation of misinformation and disinformation by foreign and domestic actors, and the increasing frequency and intensity of natural disasters that impact voting. In the inaugural listening session in Brownsville, Texas, the Committee heard from litigators and civil rights advocates Rolando Rios, Esq.; George Korbel, Esq.; Matthew McCarthy, ACLU of Texas; Chad Dunn, Esq.; and Mimi Marziani, President, Texas Civil Rights Project. The Subcommittee heard testimony detailing the barriers to voting in Texas, including how voter IDs are financially burdensome, disproportionally impact minority voters, and effectively impose a poll tax. Witnesses testified about the ongoing racial discrimination in voting in Texas, issues such as voter roll purges, returns to at-large elections, bans on straight ticket voting, legal impediments to voter registration and non-compliance with motor voter laws, polling place closures and location changes, voter intimidation, and a lack of multilingual materials, among other issues. At the hearing in Atlanta, Georgia, the Subcommittee received testimony from Stacey Abrams, CEO and Founder, Fair Fight Action; Cliff Albright, Co-Founder, Black Voters Matter; Gilda Daniels, Director of Litigation, Advancement Project; Stacey Hopkins, Voter, Fulton County, Georgia; and Sean Young, Legal Director, ACLU of Georgia. Witnesses testified to a wide array of barriers faced by the voters of Georgia such as voter ID requirements, polling place closures and changes, impediments to third-party voter registration, vulnerable and inadequate voting equipment, disparate treatment based on the county voters live in, voter purges, issues with provisional and absentee ballots, signature match requirements, voter intimidation, discriminatory redistricting, early voting cutbacks, and a lack of language access and assistance. In North Dakota, the Subcommittee held a hearing focused specifically on issued faced by Native American voters. The hearing was held on the Standing Rock Reservation and featured witnesses from four of the five tribes of North Dakota, including Charles Walker, Judicial Committee Chairman, Standing Rock Sioux Tribe; Roger White Owl, Chief Executive Officer, Mandan, Hidatsa and Arikara Nation; Myra Pearson, Chairwoman, Spirit Lake Tribe; Alysia LaCounte, General Counsel, Turtle Mountain Band of Chippewa Indians. The Subcommittee heard testimony about how Native American communities have faced more than two hundred years of discrimination, disenfranchisement, and voter suppression, which continues to this day and is exacerbated when tribes are not consulted when states and the federal government craft voting laws. The tribal leaders testified specifically about North Dakota's voter ID law, which forced their members to obtain ID cards they would never have otherwise needed, or face being stripped of their right to vote, and the lengths the tribes went to ensure their members could vote in the 2018 election. Additionally, the Subcommittee received testimony from Ruth Buffalo, Member, North Dakota House of Representatives; Jacqueline De Leon, Staff Attorney, Native American Rights Fund; and Prairie Rose Seminole, Community Organizer, each of whom testified to the barriers faced by tribal members in North Dakota when attempting to exercise their right to vote. Additionally, O.J. Semans, Sr., Co-Executive Director, Four Directions, Inc. provided testimony on the barriers to voting for tribal members in South Dakota. In North Carolina, the Subcommittee heard testimony from Rev. Dr. William Barber II, President and Senior Lecturer, Repairers of the Breach; Dan Blue, Minority Leader, North Carolina Senate; Irving L. Joyner, Professor of Law, North Carolina Central University School of Law; Tomas Lopez, Executive Director, Democracy North Carolina; Caitlin Swain, Co-Director, Forward Justice; and Patricia Timmons-Goodson, Vice-Chair, U.S. Commission on Civil Rights, about the significant barriers faced by voters in North Carolina. Less than two months after the Supreme Court decided Shelby County v. Holder, the North Carolina General Assembly passed, and the Governor signed into law, what became known as the ``monster law,''\32\ a sweeping voter suppression bill requiring strict forms of voter ID, cuts to early voting, and eliminating key election administration practices. The North Carolina law was crafted in such a discriminatory manner a three-judge panel found that the provisions ``target[ed] African Americans with almost surgical precision'' and ``impose[d] cures for problems that did not exist.''\33\ While that law was struck down by the courts, barriers to voting persist in North Carolina. Issues discussed included attempts at restrictive voter ID laws, discriminatory gerrymandering, reductions in early voting opportunities, intimidation, and the perpetuation of false voter fraud narratives, among others. --------------------------------------------------------------------------- \32\Sari Horwitz, WASH. POST, How North Carolina Became the Epicenter of the Voting Rights Battle, Apr. 27, 2016, available at https://www.washingtonpost.com/world/national-security/how-north- carolina-became-the-epicenter-of-the-voting-rights-battle/2016/04/26/ af05c5a8-0bcb-11e6-8ab8-9ad050f76d7d_story.html. \33\North Carolina State Conference of the NAACP v. McCrory, 831 F.3d 204, 216-218 (4th Cir. 2016), cert. denied, 137 S. Ct. 1399. --------------------------------------------------------------------------- In Cleveland, Ohio, Naila Awan, Senior Counsel, Demos; Mike Brickner, Ohio State Director, All Voting is Local; Inajo Davis Chappell, Member, Cuyahoga County Board of Elections; Daniel Ortiz, Outreach Director, Policy Matters Ohio; Tom Roberts, President, Ohio Conference of the NAACP; and Elaine Tso, Interim Co-Chief Executive Officer, Asian Services in Action presented testimony detailing the suppressive changes Ohio has made to the state's election laws. These changes include reductions in early voting hours and days, the elimination of ``Golden Week,'' a week of essentially same day voter registration during early voting, and the reduction of early voting locations to one per county regardless of county size, all while constantly altering the rules and procedures around voting and implementing an aggressive voter purge system.\34\ Additionally, witnesses raised the need for greater language access and Ohio's practice of denying pre-trial detainees jailed in the days preceding an election access to an absentee ballot. --------------------------------------------------------------------------- \34\Subcomm. on Elections, Voting Rights and Election Administration in the United States of America, 116th Congress (2019), available at https://cha.house.gov/sites/democrats.cha.house.gov/files/ documents/ Voting%20Rights%20and%20Election%20Administration%20in%20America_ONLINE_ 11-18-2019.pdf. --------------------------------------------------------------------------- In Florida, the Subcommittee heard testimony from Marleine Bastien, Founder and Executive Director, Family Action Network Movement; Nancy Batista, Florida State Director, Mi Familia Vota; Juan Cartagena, President and Senior Counsel, Latino Justice PRLDEF; Judith Browne Dianis, Executive Director, Advancement Project; Andrew Gillum, Chair, Forward Florida; Anjenys Gonzalez-Eilert, Executive Director, Common Cause Florida; Karen Wilkerson, Member, League of Women Voters of Florida; and Logan Churchwell, Communication and Research Director, Public Interest Legal Foundation (minority witness). Witnesses discussed the concerted effort of Florida Republicans to undermine the will of Florida voters and limit the scope of Amendment 4, which would have restored the right to vote to approximately 1.4 million Floridians with prior felony convictions, by making these voters pay all past fines and fees before they can regain their right to vote. Additionally, the Subcommittee heard testimony on issues such as the lack of access to language assistance, signature match issues, attempts to undermine early voting, voter purges, polling place closures, natural disaster preparedness, and election security. The Subcommittee also visited Alabama, home to the historic town of Selma as well as Shelby County of the 2013 Shelby County v. Holder Supreme Court case. In Birmingham, the Subcommittee received testimony from Nancy Abudu, Deputy Legal Director, Voting Rights, Southern Poverty Law Center; James Blacksher, Esq.; Jenny Carroll, Professor of Law, University of Alabama School of Law; Scott Douglas, Executive Director, Greater Birmingham Ministries; Isabel Rubio, Executive Director, Hispanic Interest Coalition of Alabama; Benard Simelton, Sr., President, Alabama Conference of the NAACP, and Ernest Montgomery, Council Member, Calera City Council. Mr. Montgomery's City Council seat, the attempt to redraw the district lines, and the subsequent denial by the Department of Justice was the basis of the Shelby County case. These witnesses offered testimony about issues such as Alabama's restrictive voter ID law, attempts to require proof of citizenship to vote, voter purges and voter registration issues, the continued disenfranchisement of people with prior felony convictions, and polling place closures. In Phoenix, Arizona, the Subcommittee heard additional testimony on the barriers faced by Native American voters. Stephen Roe Lewis, Governor, Gila River Indian Community and Jonathan Nez, President, Navajo Nation testified about the barriers to voting faced by members of their tribal nations, such as a lack of traditional address and regular mailing services, which creates difficulties in registering to vote, receiving and returning mail-in ballots, and accessing consolidated polling locations.\35\ Additionally, access to properly translated voting materials for Native-language speaking voters, as well as proper assistance at the polls, pose challenges for Native voters. --------------------------------------------------------------------------- \35\Voting Rights and Election Administration in Arizona: Hearing Before the Subcomm. on Elections, 116th Cong. (2019), written testimony of President Jonathan Nez and Governor of Stephen Roe Lewis. --------------------------------------------------------------------------- Also in Arizona, Montserrat Arredondo, Table Director, One Arizona; Patricia Ferguson-Bohnee, Professor of Law and Director, Indian Legal Clinic, Arizona State University Sandra Day O'Connor School of Law; Alex Gulotta, Arizona State Director, All Voting is Local; Darrell Hill, Policy Director, ACLU of Arizona; and Lorena C. Van Assche, Member, Arizona State Advisory Committee, U.S. Commission on Civil Rights testified to issues such as the widespread reduction in polling places that has occurred throughout the state,\36\ attempts to outlaw third-party ballot return, photo ID requirements, language access, and the continued disenfranchisement of formerly incarcerated individuals with prior felony convictions. Michelle Ugenti-Rita, Senator, State Senate of Arizona (minority witness) discussed Arizona's H.B. 2023 (prohibiting the gathering of ballots and placing heavy penalties on individuals who turn in ballots other than their own), arguing in favor of the law. When questioned about how significant a problem ``ballot harvesting'' is in Arizona, Senator Ugenti-Rita stated that ``maybe a dozen'' people came to speak with her about the alleged problem before she created the current law, but she offered no evidence of any issue with ballot collection.\37\ --------------------------------------------------------------------------- \36\The Leadership Conference Education Fund, Democracy Diverted: Polling Place Closures and the Right to Vote (Sept. 2019) at p. 26, available at http://civilrightsdocs.info/pdf/reports/Democracy- Diverted.pdf. \37\Voting Rights and Election Administration in Arizona: Hearing Before the Subcomm. on Elections, 116th Cong. (2019), hearing transcript, State Senator Michelle Ugenti-Rita at p. 75-76. --------------------------------------------------------------------------- In Washington, D.C., the Subcommittee held a culminating hearing which brought together four panels and a total of fifteen witnesses to provide the Members with a national-scope of evidence of voting rights and election administration issues and offer testimony and evidence about issues in states the Subcommittee was unable to visit prior to finishing the report. During the hearing's first panel, Dale Ho, Director, Voting Rights Project, ACLU; Kristen Clarke, President and Executive Director, Lawyers' Committee for Civil Rights Under Law; and Deuel Ross, Senior Counsel, NAACP Legal Defense and Educational Fund, Inc. discussed the landscape of voting rights litigation post-Shelby County, in both formerly covered states and states that were never covered. On the second panel, Catherine E. Lhamon, Chair, U.S. Commission on Civil Rights; Michael Waldman, President, Brennan Center for Justice; Brenda Wright, Senior Advisor for Legal Strategies, Demos; and Elena Nunez, Director of State Operations and Ballot Measure Strategies, Common Cause discussed the state of voting rights and voting laws in the states not visited by the Subcommittee, the continued disenfranchisement of formerly incarcerated persons, election administration issues that create barriers to voting, and emerging barriers. Panel three, composed of Barbara Arnwine, National Co- Chair, National Commission for Voter Justice; Hannah Fried, Director, All Voting is Local; Virginia Kase, Chief Executive Officer, League of Women Voters; and Denise Liberman, Senior Attorney and Program Director, Power and Democracy, Advancement Project, discussed the voting experience, including polling place closures, wait times, and stories collected from voters across the county. On the fourth and final panel, Thomas Saenz, President and General Counsel, MALDEF; Arturo Vargas, Chief Executive Officer, NALEO Educational Fund; John C. Yang, President and Executive Director, Asian Americans Advancing Justice|AAJC; and Michelle Bishop, Voting Rights Specialist, National Disability Rights Network provided testimony on language access barriers faced by Asian American and Latino voters, election administration issues that can disenfranchise limited-English proficiency voters, and barriers faced by persons with disabilities when trying to cast their ballot. The results of these field hearings culminated in a more than 140-page report titled Voting Rights and Election Administration in the United States of America, issued in the fall of 2019.\38\ The report and its findings were incorporated into the House report accompanying H.R. 4, the Voting Rights Advancement Act of 2019 (later renamed the John R. Lewis Voting Rights Advancement Act of 2020).\39\ Findings included in the report resulted in the incorporation of protections guarding against cutbacks to Sunday early voting and discriminatory voter purges in the covered practices provisions of the House- passed version of H.R. 4. The Voting Rights Advancement Act would restore the full force of the Voting Rights Act by instituting a new coverage formula and implementing a new covered practices regime. --------------------------------------------------------------------------- \38\Supra note 40. \39\Supra note 2. --------------------------------------------------------------------------- Additional Subcommittee Hearings In February 2020, the Subcommittee held a hearing titled ``Native American Voting Rights: Exploring Barriers and Solutions,'' building upon the testimony received by the Subcommittee at the field hearings in North Dakota and Arizona and discussing solutions such as H.R. 1694 the Native American Voting Rights Act (NAVRA). Rep. Ben Ray Lujan of New Mexico testified before the Subcommittee regarding H.R. 1694, which would protect the voting rights of Native American and Alaska Native voters. Leonard Forsman, Chairman, Suquamish Tribe (WA); Doreen McPaul, Attorney General, Navajo Nation; and Amber Torres, Chairperson, Walker River Paiute Tribe (NV) testified to the structural and administrative barriers faced by the members of their tribal nations, advancements made to improve access to the franchise, and the need for further protections, such as those offered in NAVRA. Additionally, Patricia Ferguson-Bohnee, Professor of Law and Director, Indian Legal Clinic, Arizona State University Sandra Day O'Connor School of Law, and Jacqueline De Leon, Staff Attorney, Native American Rights Fund spoke to the unique structural problems affecting life on Native American reservations, to specific litigation involving Native American voting rights, to the legal history of Native American disenfranchisement, and to congressional constitutional authority in Native American affairs. Elvis Norquay, Member, Turtle Mountain Band of Chippewa Indians, spoke to his personal experience of being denied his right to vote in 2014 in North Dakota because his tribal ID card lacked a residential address. The COVID-19 pandemic changed the landscape of the 2020 primary elections. Following the conduct of several primaries in March and April 2020, the Subcommittee convened a hearing on June 11, 2020 to examine the impact of the COVID-19 pandemic on voting rights and election administration. Specifically, Wisconsin's April primary highlighted numerous problems with relying primarily on in-person voting during the pandemic, including the widespread closure of polling locations due to a lack of poll workers, issues with voters never receiving their requested mail-in ballots in time to safely cast a ballot, and widespread voter confusion over the constantly changing voting regulations. This hearing, ``The Impact of COVID-19 on Voting Rights and Election Administration: Ensuring Safe and Fair Elections,'' was the Subcommittee's first conducted virtually under H. Res. 965 (116th Congress) that permitted House Committees to conduct remote proceedings due to the COVID-19 pandemic. Rep. Marcy Kaptur of Ohio and Rep. Gwen Moore of Wisconsin testified to the issues experienced by voters in their respective states during the primaries and the need to find a solution for the November general election that protected both the right to vote and voters' health. As states were making a rapid shift to mail-in voting and false claims were spreading that a widespread shift to vote-by- mail would be ripe for fraud, Kristen Clarke, President and Executive Director, Lawyers' Committee for Civil Rights Under Law; Sherrilyn Ifill, President and Director-Counsel, NAACP Legal Defense and Educational Fund, Inc.; and Lawrence Norden, Director, Election Reform Program, Brennan Center for Justice testified to the need for additional resources and Congressional action, protections for safe in-person voting options, the landscape of voting changes and litigation taking place in the states, and the impact of the pandemic and voting changes on minority voters. Mark Dimondstein, President, American Postal Workers Union testified to the Postal Service's long history of successfully carrying out vote-by-mail, the need for more funding for the Postal Service, and the commitment of postal workers to ensuring every American can safely access their right to vote in November. R. Kyle Ardoin, Secretary of State, Louisiana, and John H. Merrill, Secretary of State, Alabama testified about the changes made in their states during the pandemic and argued against further federal- level actions. Additionally, on July 28, 2020, the Subcommittee held a virtual hearing focused specifically on voting rights and election administration in the U.S. Virgin Islands and the other U.S. territories. The U.S. Virgin Islands (USVI), Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (CNMI) make up the inhabited territories of the United States. People who are born in Puerto Rico, USVI, Guam, and CNMI are U.S. citizens; persons born in American Samoa are U.S. nationals. More than 90 percent of the residents of the territories are racial or ethnic minorities, yet residents the territories do not have full congressional representation. The hearing, ``Voting Rights and Election Administration in the U.S. Virgin Islands and Other Territories,'' featured Delegates and a Resident Commissioner representing four of the five territories. Del. Stacey E. Plaskett of the U.S. Virgin Islands; Del. Gregorio Kilili Camacho Sablan of the Northern Mariana Islands; Del. Michael F. Q. San Nicolas of Guam; and Resident Commissioner Jenniffer Gonzalez-Colon of Puerto testified regarding the unique challenges faced by residents of the territories when voting, as well as the impact the lack of full enfranchisement has on the territories. The hearing also discussed the varying treatment of the territories under federal election laws.\40\ Gerard Emanuel, Retired Educator; Gwen-Marie Moolenaar, President, League of Women Voters of the Virgin Islands; and Neil Weare, President and Founder, Equally American Legal Defense and Education Fund provided additional testimony. This hearing was the first of its kind. --------------------------------------------------------------------------- \40\Under federal election laws, the territories are currently not covered by the National Voter Registration Act (NVRA). All the territories are covered by the Voting Rights Act (VRA). USVI, Puerto Rico, Guam, and American Samoa are covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA); CNMI is not. USVI, Puerto Rico, Guam, and American Samoa are also covered by the Help America Vote Act (HAVA); CNMI is not. H.R. 1 added CNMI to HAVA coverage as well as the NVRA. --------------------------------------------------------------------------- On October 6, 2020, in the final Subcommittee hearing of the 116th Congress, Members focused on combatting misinformation and disinformation in the upcoming 2020 general election. Ahead of the 2020 election the President spread false information about the integrity of vote-by-mail, made false claims about non-existent voter fraud, encouraged his supporters in North Carolina and elsewhere to ``test the system'' by mailing in a ballot and then showing up at their polling site to ``make sure their vote was counted,'' claimed that if he lost, the election must be rigged, and made false claims that if we did not know the winner on election night, we may never know who won the election, among other false claims. Also impacting this year's election was the perpetuation of misinformation and disinformation around the COVID-19 pandemic. This remote hearing, ``Voting Rights and Election Administration: Combatting Misinformation in the 2020 Election, included testimony from Benjamin Hovland, Commissioner, U.S. Election Assistance Commission; Jena Griswold, Secretary of State, Colorado; and Inajo Davis Chappell, Member, Cuyahoga County Board of Elections. This testimony provided various federal, state, and local responses to misinformation and disinformation ahead of the November election. Spencer Overton, President, Joint Center for Political and Economic Studies, provided testimony on the disparate impact of misinformation and disinformation on minority voters and the role of social media companies and government in combatting the spread of election misinformation and disinformation. Voting During a Pandemic The 2020 primary and general elections took place during the unprecedented COVID-19 pandemic. In June, the Centers for Disease Control and Prevention (CDC) released guidelines that recommended election administrators provide a wide variety of voting options, longer in-person voting periods, and other mechanisms or options for reducing any crowding at polling locations.\41\ The CDC warned that ``elections with only in- person voting on a single day are higher risk for COVID-19 spread because there will be larger crowds and longer wait times'' and said that alternative voting options can ``minimize direct contact and reduce crowd size at polling locations'' Throughout the primary and general election season, local and state election officials across the country worked hard to expand safe in-person voting opportunities and access to absentee voting by mail. --------------------------------------------------------------------------- \41\Centers for Disease Control and Prevention, Considerations for Election Polling Locations (updated June 22, 2020), available at https://www.cdc.gov/coronavirus/2019-ncov/community/election-polling- locations.html. --------------------------------------------------------------------------- As previously discussed, the Subcommittee on Elections held a hearing on the COVID-19 pandemic's impact on voting. On August 28, 2020, the full Committee held a remote hearing on titled ``Voting Safely in a Pandemic,'' providing an opportunity for election officials and administrators, voting experts and advocates to testify about the importance of providing safe voting options and how Americans can vote safely either in-person or by mail during the ongoing pandemic. The hearing featured Alex Padilla, California Secretary of State; Julie Wise, Director of Elections, King County, Washington; Amber McReynolds, CEO, National Vote at Home Institute; Vanita Gupta, President and CEO, The Leadership Conference on Civil and Human Rights; and Donald Palmer, Commissioner (EAC). The witnesses testified about election administration changes being made to adapt to the voting access and public health challenges posed by the pandemic. Changes included securely expanding access to, and eligibility for, no-excuse absentee voting by mail, maintaining safe polling centers, providing personal protective equipment and relevant trainings to poll workers and increasing voter education about safe voting options. Additionally, testimony addressed concerns about mail service disruptions at the U.S. Postal Service, ongoing election disinformation about alleged voter fraud, and the suppression of historically marginalized communities. Witnesses also testified about the positive impact of election administration grants appropriated through the Coronavirus Aid, Relief and Economic Security (CARES) Act and the need for more federal resources to support local and state election administration.\42\ --------------------------------------------------------------------------- \42\P.L. 116-136. --------------------------------------------------------------------------- Additionally, the Committee supported election administration oversight activities in connection with ongoing service issues at the U.S. Postal Service. After the appointment of Louis DeJoy as the Postal Service's Postmaster General on June 15, 2020, the Postal Service began undergoing significant and disruptive operational policy changes that slowed mail delivery and raised serious concerns about the impact on voting by mail. The changes included an Expedited to Street/Afternoon Sortation (ESAS) pilot program in 384 selected sites across the nation that altered delivery practices and procedures, overtime restrictions, restrictions in late trips and extra trips, and a plan to decommission 671 sorting machines. In early August, Postmaster General DeJoy overhauled management at the Postal Service. Further, the Postal Service's General Counsel and Executive Vice President, Thomas Marshall, sent letters to chief election officials across the country indicating that the longstanding practice of treating Election Mail (which includes voter registration materials, absentee ballot requests and absentee ballots) as First-Class Mail would not be continuing. On August 14, 2020, Speaker Pelosi and Senate Minority Leader Chuck Schumer, along with Chairperson Zoe Lofgren, Chairperson Carolyn Maloney, and Senators Amy Klobuchar and Gary Peters, sent an extensive oversight letter seeking additional information on the Postal Service's various disruptive operational policy changes and requesting documents regarding such changes in policies and practices.\43\ --------------------------------------------------------------------------- \43\Letter to Postmaster General Louis DeJoy (Aug. 14, 2020), available at https://www.speaker.gov/sites/speaker.house.gov/files/ 20200814_Letter_JointPelosiSchumerLofgrenKlobucharCBMPeterstoPMGreElecti onPrep.pdf. --------------------------------------------------------------------------- After further criticism from Members of Congress, postal unions, election administrators, voting advocacy groups, and voters, Postmaster General DeJoy released a statement on August 18, 2020, in which he said that he would reverse ``longstanding operational initiatives'' in order ``to avoid even the appearance of any impact on election mail.''\44\ In the statement, DeJoy made four specific assurances: retail hours would not change at post offices, mail processing equipment and blue collection boxes would remain put, mail processing facilities would not close, and overtime would continue and be approved as needed.\45\ DeJoy's statement did not clarify the entire scope of the ``longstanding operational initiatives'' that would be suspended, did not reverse equipment removals of mail sorting machines and mailboxes that had already taken place, and did not address the question of whether Election Mail would be treated just as First-Class Mail. --------------------------------------------------------------------------- \44\Postmaster General Louis DeJoy Statement, The United States Postal Service (Aug. 18, 2020), available at https://about.usps.com/ newsroom/national-releases/2020/0818-postmaster-general-louis-dejoy- statement.htm. \45\Postmaster General Louis DeJoy Statement, The United States Postal Service (Aug. 18, 2020), available at https://about.usps.com/ newsroom/national-releases/2020/0818-postmaster-general-louis-dejoy- statement.htm. --------------------------------------------------------------------------- On August 14, 2020, the Committee worked with the Committee on Oversight and Reform's Select Subcommittee on the Coronavirus Crisis to send election administration oversight letters to chief election officials in Florida, Georgia, Texas, and Wisconsin to examine preparations being made to administer free, fair, and safe federal elections in November in the midst of the COVID-19 pandemic. During the primary election season, these states experienced significant barriers to voting such as long lines and wait times at polling places, closed, moved or consolidated polling places, poll worker shortages, and for Texas in particular, eligibility restrictions to voting by mail. The oversight letters requested documents and information about how each state planned to eliminate election administration challenges and voting barriers that emerged during the primary election season and how each state plans to ensure that every eligible voter could freely and safely cast their ballot in the general election. The letters also called for the states to develop plans that adhered to the June 2020 CDC recommendations for election administration and that offered adequate early voting, sufficient polling locations and hours, and accessible mail-in or absentee voting options. On October 6, 2020, the Committee worked with the Select Subcommittee on the Coronavirus Crisis to send an additional oversight letter to the Secretary of State of Texas. The oversight letter raised disenfranchisement and public health concerns about the Secretary of State's October 1 proclamation which prohibited multiple ballot drop-off locations and required early vote-by mail ballots returned in person to be delivered to a single designated voting clerk's office in each county. Such a restriction to where ballots can be cast contravened CDC guidance because it forced voters to congregate at a single county clerk's office to deliver mail-in ballots. The letter urged the Secretary of State to reverse the proclamation and to disclose documents regarding the decision to restrict access to early voting by mail by outlawing ballot drop-off locations other than a single designated clerk's office. Faced with a pandemic amid a national election, the Committee drafted H.R. 7427, the American Coronavirus/COVID-19 Election Security and Safety (ACCESS) Act, which offers a comprehensive solution to the challenges posed by voting during a national health crisis. The ACCESS Act adopts an ``all of the above'' approach to ballot access by expanding both in-person early voting and voting by mail. The bill ensures that every voter will receive a ballot in a national emergency, such as the COVID-19 outbreak, and protects against the invalidation of absentee ballots due to signature matching or other discrepancies, which disproportionately affect minority voters. The ACCESS Act also requires absentee ballots to be accompanied by prepaid postage, contains special protections for Native American voters, who face unique geographical and structural obstacles to exercising the franchise, and implements expanded voter registration opportunities. Perhaps most importantly, the ACCESS Act provides states and localities with the funding they need to implement these and other necessary changes. The House passed the ACCESS Act on May 15, 2020, as part of the Heroes Act (H.R. 6800, Division P). Regrettably, the Senate refused to take up this critical piece of legislation, leaving state and local election officials to fend for themselves during a once-in-a-generation crisis. Contested Elections Article 1, Section 5, of the Constitution, delegates to each Chamber of Congress the responsibility and authority to judge its own elections. The Committee is also responsible for implementing the Federal Contested Elections Act (FCEA).\46\ To execute its responsibilities under the Constitution, FCEA, and oversight of federal elections generally, the Committee coordinates efforts on a bipartisan basis to ensure that all ballots in close congressional races are counted fairly and accurately. When requested by a Member or candidate, the Committee deploys at least two observers, one from the majority and one from the minority, to the congressional district at issue. Specific observer responsibilities include documenting the state of ballots during an extended count and/or recount, observing the security of voting machines, equipment, voter rolls, records, and the security of stored ballots. The observations are critical to the House of Representatives and to the Committee, particularly in the event the House or Committee is directed to investigate or resolve a contested election. --------------------------------------------------------------------------- \46\2 U.S.C. Sec. Sec. 381 et seq. --------------------------------------------------------------------------- During the 2020 election cycle, the Committee reworked its election observer program, creating new and more detailed training materials and conducting extensive research on the applicable laws in each state. In total, the Committee's majority staff trained over 200 House staffers as election observers. This year, the Committee received 31 requests for observers from incumbent Members and/or candidates for congressional office in connection with the November 3, 2020, general election, which is almost 2.5 times more requests for observers than the Committee received in 2018. The Committee sent observers to 21 congressional races in Arizona, California, Georgia, Illinois, Iowa, Nevada, New Jersey, New York, Pennsylvania, Texas, Utah, and Virginia. Ten candidates later determined observers were unnecessary after consultation with the Committee. In addition, the Committee sent four observers to observe a recount in Iowa's Second Congressional District. Contested election cases are rare. For example, from 1933 to 2009, the U.S. House of Representatives considered only 107 contested election cases. Of these 107 contests, in at least three cases, the House ultimately seated the contestant, and in at least one case, the House ultimately refused to seat any individual, declaring a vacancy. On December 2, 2020, Rita Hart, a candidate for the House in Iowa's Second Congressional District, announced that her campaign would file a contest under the FCEA with the House to challenge the results of a district-wide recount. The recount resulted in a six-vote margin between the candidates. On December 22, 2020, Hart filed with the Clerk of the House a notice of intent to contest the election. As of this time, the Committee has received, and is in the early stage of reviewing, the filing. Under the FCEA, her opponent, Mariannette Miller- Meeks, has 30 days to answer or file a motion to dismiss the contest. The Committee intends to closely review filings from both campaigns, as the law requires. Legislative Operations During the Covid-19 Pandemic During the 116th Congress, the nation and the world suffered through the devastating coronavirus (COVID-19) pandemic. At the beginning of 2020, Americans were first hearing the term COVID-19. Today, more than 77.9 million people worldwide have contracted the virus and it has killed more than 1.7 million people.\47\ As of this time, in the U.S. more than 18.2 million people are known to have contracted the virus, more than 322,000 have died, and more than 117,000 are hospitalized--with all of these numbers continuing to climb.\48\ --------------------------------------------------------------------------- \47\Johns Hopkins University, COVID-19 Dashboard by the Center for Systems Science and Engineering (CSSE) at Johns Hopkins University (JHU), at https://coronavirus.jhu.edu/map.html (last accessed Dec. 22, 2020); STAT, The Covid-19 Tracker, at https://www.statnews.com/feature/ coronavirus/covid-19-tracker/ (last accessed Dec. 22, 2020; CDC, ``CDC COVID Data Tracker,'' https://covid.cdc.gov/covid-data-tracker/ index.html#cases_casesinlast7days (last accessed Dec. 22, 2020); The COVID Tracking Project, ``Our Data,'' at https://covidtracking.com/data (last accessed Dec. 22, 2020). \48\Johns Hopkins University, COVID-19 Dashboard by the Center for Systems Science and Engineering (CSSE) at Johns Hopkins University (JHU), at https://coronavirus.jhu.edu/map.html (last accessed Dec. 22, 2020); STAT, The Covid-19 Tracker, at https://www.statnews.com/feature/ coronavirus/covid-19-tracker/ (last accessed Dec. 22, 2020; CDC, ``CDC COVID Data Tracker,'' https://covid.cdc.gov/covid-data-tracker/ index.html#cases_casesinlast7days (last accessed Dec. 22, 2020). --------------------------------------------------------------------------- To put the impact of the pandemic in historical perspective, more than three times as many Americans have died of COVID-19 in less than a year than were killed in all of the military conflicts our nation has fought in the 75 years since World War II combined.\49\ The death toll has already surpassed the total number of battle deaths suffered by Union and Confederate forces in four years of fighting in the Civil War.\50\ At current rates, experts estimate that by mid-January 2021, the total number of deaths in just one year will eclipse all American deaths in World War II.\51\ --------------------------------------------------------------------------- \49\A total of 102,231 U.S. servicemembers were killed from the start of the Korean War in 1950 through Operation Inherent Resolve and Operation Freedom's Sentinel, as of December 14, 2020, including all battle and other in theater deaths. U.S. Department of Veterans Affairs, ``America's Wars,'' https://www.va.gov/opa/publications/ factsheets/fs_americas_wars.pdf (Nov. 2019); U.S. Department of Defense, ``Casualty Status,'' https://www.defense.gov/casualty.pdf (last accessed Dec. 19, 2020). \50\Union and Confederate battle deaths in the Civil War totaled 214,938. U.S. Department of Veterans Affairs, ``America's Wars,'' https://www.va.gov/opa/publications/factsheets/fs_americas_wars.pdf (Nov. 2019). \51\Institute for Health Metrics and Evaluation, COVID-19 Projections, available at https://covid19.healthdata.org/united-states- of-america (last accessed Dec. 19, 2020). --------------------------------------------------------------------------- These terrible figures are more than statistics: they represent shattering losses for many, many American families. But in addition to the tragic loss of life and the still- unknown long-term health consequences facing those who have contracted the virus, the pandemic has had--and continues to have--staggering impacts on nearly every aspect of life in the United States. Among other things, it has affected how we spend time with our families and loved ones; how we interact with our neighbors; how we travel; how we learn; and how we work. The pandemic has also affected how our democracy operates, including how we vote and how those we elect to represent us conduct business in legislative bodies at all levels of government. The COVID-19 crisis demands legislative action and oversight and the continued work of the Congress, which has a responsibility to the American people to explore additional ways to be able to continue that work in the face of the pandemic. The Committee has been mindful that many people are putting themselves at risk by working on the frontlines every day: from doctors and nurses, to police officers, firefighters, and paramedics, to transit workers and truck drivers, among others. The Committee appreciates all that the people in many critical lines of work are doing to support their communities and the country, even at risk to their own health. While the Committee is keenly aware of these immense changes and challenges, this report focuses narrowly on issues related on how the House of Representatives and the Committee responded to protect the safety and health of those who work in the legislative branch while preserving the ability of the Congress to continue its vital work. Fortunately, Members and staff of the Congress have an option that many vital frontline workers do not: Congress can perform much of its work remotely in a safe, secure, online format. During the pandemic, the Committee has worked with leadership, other committees, and institutional partners to find ways to ensure that the House can continue its legislative operations while protecting the health and safety of all who work in the legislative branch. This portion of the report summarizes the effect that the pandemic has had on the functioning of government throughout the country, the innovative practices the Committee has helped develop to ensure the House continue to operate, and the Committee's review of one particular possible innovation, remote voting. The Pandemic's Impact on Governmental Operations In the fall of 2020, events at the White House actively spread COVID-19 and also impacted the operations of the U.S. Senate, underscoring the effect the pandemic has had on operations of the highest levels of government. On October 2, 2020, President Donald J. Trump announced that he and First Lady Melania Trump had both tested positive for COVID-19 and would begin to quarantine immediately.\52\ The same day, President Trump was flown by helicopter to Walter Reed National Military Medical Center in Bethesda, Maryland, while Mrs. Trump was quarantined in the White House.\53\ President Trump was hospitalized for three days and received a number of experimental treatments not in widespread use before being returned to the White House.\54\ In addition, dozens of senior government officials who attended events at the White House with the President in the prior week--including at least three U.S. Senators--also tested positive for the virus.\55\ An investigation by USA Today concluded that, ``President Trump and other White House insiders infected with COVID-19 carried the virus across the country in a matter of days, potentially exposing hundreds, perhaps thousands, of people as they went about their business.''\56\ As Dr. Anthony Fauci put it, ``I think the--the data speaks for themselves. We had a super- spreader event in the White House and it was in a situation where people were crowded together and were not wearing masks.''\57\ --------------------------------------------------------------------------- \52\President Donald J. Trump (@realDonaldTrump), Twitter (Oct. 2, 2020, 12:54 a.m.), https://twitter.com/realDonaldTrump/status/ 1311892190680014849. \53\Rebecca Ballhaus, Catherine Lucey & Michael C. Bender, Wall St. J., Trump Moves to Walter Reed Hospital After Testing Positive for Coronavirus, Oct. 3, 2020, available at https://www.wsj.com/articles/ president-trump-and-first-lady-melania-test-positive-for-the- coronavirus-11601639968. \54\Barbara Sprunt, NPR, ``Don't Be Afraid Of It'': Trump Dismisses Virus Threat As He Returns to White House, Oct. 5, 2020, available at https://www.npr.org/sections/latest-updates-trump-covid-19-results/ 2020/10/05/920412187/trump-says-he-will-leave-walter-reed-medical- center-monday-night. \55\Josh Margolin & Lucien Bruggeman, ABC News, 34 people connected to White House, more than previously known, infected by coronavirus: Internal FEMA memo, Oct. 7, 2020, available at https://abcnews.go.com/ Politics/34-people-connected-white-house-previously-infected- coronavirus/story?id=73487381. \56\Josh Salman & Dinah Voyles Pulver, USA Today, White House coronavirus outbreak may have exposed thousands from Atlanta to Minnesota, Oct. 7, 2020, available at https://www.usatoday.com/story/ news/investigations/2020/10/07/officials-exposed-went-attend-rallies- debates-and-fundraisers/5907663002/. \57\Kathryn Watson & Steven Portnoy, CBS News, Fauci says data on masks ``speaks for itself'' after ``super-spreader'' White House Event, Oct. 9, 2020, available at https://www.cbsnews.com/news/dr-fauci-on- masks-super-spreader-covid-event-interview/. --------------------------------------------------------------------------- In response to the outbreak and the fact that a number of Senators contracted the virus, Senate Majority Leader Mitch McConnell changed the legislative schedule in the Senate, and delayed floor activity for two weeks.\58\ Senator McConnell also subsequently stated that he had not been to the White House in months, observing that it was not ``approaching protection from this illness in the same way that I thought was appropriate in the Senate,'' and he specifically noted that the White House has not insisted on mask wearing and social distancing.\59\ Similarly, media reports also noted that the White House has not followed a number of practices widely recommended by health experts, including wearing masks, practicing social distancing, following state and local limits on large gatherings, not following guidelines for quarantining and isolating following positive tests, and not following contact tracing protocols.\60\ In addition, media reports also indicated that the White House had relied too heavily on rapid tests, while also using the rapid tests in a manner not consistent with their intended use.\61\ --------------------------------------------------------------------------- \58\Chris Cioffi, Roll Call, After Republican COVID-19 positives, Senate to remain out until Oct. 19, Oct. 3, 2020, available at https:// www.rollcall.com/2020/10/03/after-republican-covid-19-positives-senate- to-remain-out-until-oct-19/. \59\Dominic Torres & Clare Foran, CNN, McConnell says he hasn't been to White House since August, citing Covid-19 protocols, Oct. 8, 2020, available at https://www.cnn.com/2020/10/08/politics/mcconnell- white-house-coronavirus/index.html. \60\Lauren Leatherby, Amy Schoenfeld Walker, Larry Buchanan & John Keefe, N.Y. Times, How the White House Flouted Basic Coronavirus Rules, Oct. 8, 2020, available at https://www.nytimes.com/interactive/2020/10/ 08/us/white-house-coronavirus-cdc.html. \61\Lauren Leatherby, Amy Schoenfeld Walker, Larry Buchanan & John Keefe, N.Y. Times, How the White House Flouted Basic Coronavirus Rules, Oct. 8, 2020, available at https://www.nytimes.com/interactive/2020/10/ 08/us/white-house-coronavirus-cdc.html; Lev Facher, STAT News, Why the White House's testing-only strategy to shield Trump from Covid-19 fell short, Oct. 2, 2020, available at --------------------------------------------------------------------------- The outbreak of COVID-19 associated with events at the White House, President Trump and the First Lady contracting COVID-19, and the Senate subsequently suspending legislative activity for weeks are the starkest examples to date of how a new virus that was previously unknown in the United States has--in less than a year--become a deadly pandemic capable of impacting nearly every facet of American life, including the operations of our federal government. But they are not the only examples. Even after all of these events, two lawyers for President Trump and his unsuccessful presidential campaign traveled to a number of states and spoke to state legislators about the 2020 election, and did not wear masks during their appearances.\62\ Subsequently, both were revealed to have tested positive for COVID.\63\ As a result, state legislatures in three different states canceled legislative session or otherwise had to modify legislative operations.\64\ --------------------------------------------------------------------------- \62\Associated Press, Jenna Ellis, 2nd member of Trump's legal team, tests positive for COVID-19, Dec. 9, 2020, available at https:// www.fox9.com/news/jenna-ellis-2nd-member-of-trumps-legal-team-tests- positive-for-covid-19. \63\Id. \64\Lindsay Walker, Yahoo! News, AZ legislature closes after Republican lawmakers exposed to virus, Dec. 7, 2020, available at https://news.yahoo.com/az-legislature-closes-republican-lawmakers- 163946863.html; Abigail Censky, NPR, After Giuliani hearing last week, Michigan House is accused of COVID-19 violations, Dec. 8, 2020, available at https://www.npr.org/2020/12/08/944322462/week-after- giuliani-hearing-michigan-house-is-accused-of-covid-19-violations; Maya T. Prabhu, Atlanta Journal-Constitution, Georgia Senators urged to quarantine after Giuliani's COVID-19 diagnosis, Dec. 7, 2020, available at https://www.ajc.com/politics/georgia-senators-urged-to-quarantine- after-giulianis-covid-19-diagnosis/TELIVAETQJFUPKOFANAKWBU6II/. --------------------------------------------------------------------------- At the state level, outbreaks among legislators have impacted the ability to conduct government business in a number of states. For example, in Mississippi, more than 60 legislators and staff--including at least 49 members-- contracted the virus in July 2020.\65\ The Speaker of the House and the Lieutenant Governor, who presides over the Senate, were also both positive. That left the state government in limbo, with significant pending business unfinished.\66\ In a number of states, tragically, legislators have died.\67\ --------------------------------------------------------------------------- \65\Anita Lee, Sun Herald, How many MS legislators did COVID-19 strike? Number has grown, with one related death, Aug. 10, 2020, available at https://www.sunherald.com/news/coronavirus/ article244854672.html; Bobby Harrison, Mississippi Today, Legislators pay price for disregarding COVID-19 precautions at Capitol, July 19, 2020, available at https://mississippitoday.org/2020/07/19/legislators- pay-price-for-disregarding-covid-19-precautions-at-capitol/. \66\Ivan Pereira, ABC News, Mississippi statehouse shuttered for 2 weeks as dozens of lawmakers contract coronavirus, July 9, 2020, available at https://abcnews.go.com/Health/mississippi-statehouse- shuttered-weeks- dozens-lawmakers-contract-coronavirus/ story?id=71690136. \67\Ballotpedia, ``Government official, politician, and candidate deaths, diagnoses, and quarantines due to the coronavirus (COVID-19) pandemic, 2020,'' available at https://ballotpedia.org/ Government_official,_politician,_and_candidate_deaths,_diagnoses,_and_qu arantines_due_to_ the_coronavirus_(COVID-19)_pandemic,_2020 (last accessed Dec. 22, 2020). --------------------------------------------------------------------------- In Congress, by one count 105 Members have publicly disclosed that they tested positive, self-quarantined, or had otherwise come in contact with someone else who was positive.\68\ In April 2020, at the same time least 22 Members of the House had either tested positive, were presumed positive, or were in self-quarantine because of exposure to someone who was positive.\69\ In just the last month, 23 Members have publicly reported testing positive.\70\ In one case, a Member disclosed having tested positive just hours after voting and speaking on the House floor--then deleted a Facebook post from just hours earlier in which he had criticized steps the House has taken to protect its Members and staff.\71\ --------------------------------------------------------------------------- \68\GovTrack, COVID-19 in Congress, available at https:// www.govtrack.us/covid-19#legislators (last accessed Dec. 22, 2020); Ballotpedia, ``Government official, politician, and candidate deaths, diagnoses, and quarantines due to the coronavirus (COVID-19) pandemic, 2020,'' available at https://ballotpedia.org/ Government_official,_politician,_and_candidate_deaths,_diagnoses,_and _quarantines_due_to_the_coronavirus_(COVID-19)_pandemic,_2020 (last accessed Dec. 22, 2020). \69\GovTrack, COVID-19 in Congress, available at https:// www.govtrack.us/covid-19#legislators (last accessed Dec. 22, 2020). \70\Id. \71\CNN, Rep. Joe Wilson tests positive for COVID-19, Dec. 16, 2020, available at https://www.cnn.com/2020/12/16/politics/joe-wilson- covid-19/index.html; Amanda Terkel, Huffington Post, After positive COVID-19 diagnosis, GOP lawmaker deletes post mocking precautions, Dec. 17, 2020, available at https:// www.huffpost.com/entry/joe-wilson-covid_n _5fdad6bec5b650b99ad9b68b. --------------------------------------------------------------------------- Support of Legislative Operations As one recent media report observed, ``Legislatures are natural targets for Covid, with a potential to become potent spreading grounds as cases continue to surge nationally: They involve large numbers of adults--many of them older--meeting for hours in sometimes windowless committee rooms and chambers, arguing, testifying, and making speeches.''\72\ In light of these very serious concerns, and to avoid the types of situations described above, in the early weeks and months of the coronavirus (COVID-19) pandemic, the U.S. House of Representatives proactively and responsibly modified its legislative operations to ensure that the House would be able to continue its critical work during the public health emergency, while protecting the health and safety of all those who work in the House. --------------------------------------------------------------------------- \72\Margaret Newkirk, Bloomberg, Lawmaker's death chills U.S. statehouses where masks are shunned, Dec. 15, 2020, available at https://www.bloomberg.com/news/articles/2020-12-15/covid-cases-strike- in-statehouses-with-mask-averse-lawmakers. --------------------------------------------------------------------------- These steps ensured that the House could continue to act during the crisis, including passing legislation and conducting oversight, while also protecting the health and safety of legislative branch staff. The House authorized committees to conduct virtual hearings, created an electronic hopper for the introduction of legislation, developed a system to electronically submit extensions of remarks, and took significant steps to swiftly expand the ability of its Members and staff to telework by distributing laptops and tablet computers and rapidly increasing the availability of online collaborative platforms for official work. The House authorized remote voting by proxy and directed the chair of the Committee to study the feasibility of using technology to conduct remote voting in the House, as discussed in the following section. Although these are new tools for governing, they are within the House's authority to implement and they are not intended to replace regular order. To the contrary, they represent prudent and responsible steps to ensure the House can continue to lead during this crisis, and they are intended to be used only during extraordinary circumstances.\73\ --------------------------------------------------------------------------- \73\Exploring the Feasibility and Security of Technology to Conduct Remote Voting in the House: Hearing before the Committee on House Administration, 116th Cong. (Opening Statement of Chairperson Zoe Lofgren). --------------------------------------------------------------------------- A number of the changes increase the options for Members and staff to complete legislative tasks remotely, rather than requiring in-person contact. For example, in April 2020, the Speaker of the House directed the creation of an electronic hopper to permit the virtual submission of all Floor documents--including bills, resolutions, co-sponsors and extensions of remarks--via a dedicated and secure email system. Since the policy took effect, 2,816 measures have been filed electronically, while just 159 were manually filed using the traditional process. Also in April 2020, Committee Chairperson Zoe Lofgren, in her capacity as Chairperson of the Joint Committee on Printing, directed the Government Publishing Office to accept, for publication in the Congressional Record, extensions of remarks submitted with a Member's electronic signature. Under this new and more convenient system, as of December 22, 2020, Members have filed 2,534 extensions of remarks by email. On May 15, 2020, the House passed House Resolution 965, a resolution ``authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus and for other purposes.''\74\ --------------------------------------------------------------------------- \74\Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus, and for other purposes, H. Res. 965, 116th Cong. (2020). --------------------------------------------------------------------------- Section 1 of House Resolution 965 provides that ``at any time after the Speaker or the Speaker's designee is notified by the Sergeant-at-Arms, in consultation with the Attending Physician, that a public health emergency due to a novel coronavirus is in effect, the Speaker or the Speaker's designee, in consultation with the Minority Leader or the Minority Leader's designee, may designate a period (hereafter in this resolution referred to as a `covered period') during which a Member who is designated by another Member as a proxy in accordance with section 2 may cast the vote of such other Member or record the presence of such other Member in the House.''\75\ The ``covered period'' terminates 45 days after the designation, and may be extended or terminated.\76\ --------------------------------------------------------------------------- \75\Id. \76\Id. --------------------------------------------------------------------------- The Speaker of the House, pursuant to section 1(a) of House Resolution 965 announced that a public health emergency existed and designated a ``covered period'' on May 20, 2020. In light of the continued and explosive growth in COVID-19 cases in the U.S., this ``covered period'' was subsequently extended until August 18, 2020; until November 16, 2020; and until December 31, 2020. Under the provision which permits proxy voting, as of December 22, 2020, the House has conducted 142 roll call votes that have included directed votes cast by proxy without incident. Nearly 6,253 individual votes have been cast by proxy, including by Members of both parties. Demonstrating that the system can operate in a bipartisan fashion that protects the rights of the minority, proxy votes have been cast by a Member of one party on behalf of a Member of the other party where the physically present Member voted in a different way than their colleague whose proxy vote they cast. In addition, several measures passed with proxy votes have been signed by the President and enacted into law. Section 4 of House Resolution 965 provides authority for remote proceedings in House committees during a ``covered period.'' The Committee worked closely with the Committee on Rules, the Chief Administrative Officer (CAO), and House Information Resources (HIR) to develop options for holding committee proceedings on collaborative online platforms, such as Teams, Webex, and Zoom. Using these new options, as of December 17, 2020, House committees have held at least 529 events using some form of technology to permit remote or virtual participation, including: Held 169 entirely remote hearings; Held 130 hybrid hearings; Held 4 entirely remote markups; Held 36 hybrid markups; and Held scores of remote or hybrid briefings, forums, meetings, and roundtables. The Committee also coordinated closely with CAO to ensure that Member and committee offices had the technology they would need to work remotely. That included getting thousands of laptops and tablets ordered, imaged, and delivered to offices at a time when there were significant issues with the supply chain. Using that hardware and the other technology tools available to House offices, Members and staff have been able to conduct a significant amount of work remotely, including as of December 17, 2020: More than 11,600 Zoom meetings; More than 6,000 Webex meetings; More than 327,900 Teams calls or meetings; and More than 16.8 million Teams chat messages. In addition to working with other House offices to advance the adaptations discussed above, the Committee has also worked with the Attending Physician, CAO, Architect of the Capitol, and other legislative branch offices to ensure that in circumstances when Members and employees need to work in person, their workplaces are as safe as possible. For example, to ensure offices have access to appropriate personal protective equipment (PPE), as of December 18, 2020, the Committee has worked with the CAO and Architect to acquire and distribute, to both D.C. and district offices, more than 5,900 canisters of wipes, more than 41,900 bottles of hand sanitizer, more than 689,900 pairs of gloves, and more than 697,700 masks. The Committee has also worked with these offices to handle more than 300 requests from offices for plexiglass, with delivery of nearly 700 items. The Sergeant at Arms announced new procedures specific to Floor activity and voting, developed in consultation with the Attending Physician and leadership.\77\ These procedures include limiting access to the Floor during debate to those Members who are scheduled to speak during debate, conducting votes by groups of Members, and maintaining ``safe social distancing at all times.''\78\ In addition, the Sergeant at Arms and Attending Physician have specifically cautioned for at least six months that with respect to activity on the Floor, ``Members who are ill with respiratory symptoms or fever are discouraged from attending.''\79\ --------------------------------------------------------------------------- \77\See e.g. Dear Colleague from Sergeant at Arms Paul D. Irving and Attending Physician Dr. Brian P. Monahan, ``Procedures for Friday March 27, 2020,'' Mar. 26, 2020. \78\Id. \79\Id. (emphasis original). --------------------------------------------------------------------------- These critical precautionary measures have been implemented to protect the safety of all who work in the Capitol. As a practical matter, however, this means that votes take longer than they would under ``normal'' conditions.\80\ For example, each recorded vote can take 35 minutes or longer, and special cleaning protocols are in place between vote series.\81\ This has an overall impact on the House's efficiency, but can also impact the amount of time available for legislative activity, particularly on complex bills, which in turn has an impact on the House's options for considering amendments.\82\ It is of particular relevance to this discussion that a primary rationale in favor of adopting electronic voting in the House 50 years ago was to ``significantly reduce the time required to vote,'' as Members had long expressed concern about the time spent simply taking votes, including roll call votes that could take 45 minutes.\83\ If the House adopted a remote voting system, as discussed in the following section, that could not only further protect the health and safety of legislative branch staff and Members, but improve House efficiency by reducing the amount of time needed to execute votes, as was the case when the House adopted electronic voting a half century ago. --------------------------------------------------------------------------- \80\See e.g. Noah Wofsy, Remote Control: How the Legislative Counsel and the House of Representatives Operate During the Pandemic in Lawmaking Around the World in the Time of COVID-19 (2020), available at https://www.youtube.com/watch?v=G4f1MsxZ8mA&feature=youtu.be. \81\Id. \82\Id. \83\Jacob R. Straus, Cong. Res. Svc., Electronic Voting in the House of Representatives: History and Usage, June 13, 2011. --------------------------------------------------------------------------- For those situations when someone must physically be in the office, the Attending Physician has devised and recommends use of a simple self-screening inventory to be completed at home, before someone goes to the workplace. In addition, it has been, and remains, critical that people who are physically in the Capitol and House buildings wear a mask. The Attending Physician continues to emphasize that wearing a mask ``is one of the simple, basic things all Americans must do.''\84\ The Attending Physician has said clearly, ``I expect all of you in the workplace--any time you are inside, in the company of another person--that you are wearing an approved face covering.''\85\ --------------------------------------------------------------------------- \84\Dr. Brian P. Monahan, COVID-19 update (Sept. 17, 2020), available at https://cha.house.gov/coronavirus; Dr. Brian P. Monahan, Mask update (Oct. 27, 2020), available at https://cha.house.gov/ coronavirus. \85\Id. --------------------------------------------------------------------------- Recently, and consistent with the repeated guidance of the Attending Physician and the CDC, the Speaker of the House announced that masks are not only ``required at all times in the Hall of the House without exception, including while Members are under recognition,'' and ``reiterate[d] that this is a matter of order and decorum in the Chamber under clause 2 of rule I.''\86\ Moreover, ``To be clear, Members will not recognized unless they are wearing a mask, and recognition will be withdrawn if they remove their mask while speaking.''\87\ Fortunately, this announcement was made prior to the Member noted above speaking and voting on the floor while positive for COVID.\88\ --------------------------------------------------------------------------- \86\Announcement by the Speaker, 116th Congress, 166 Cong. Rec. H7,158 (daily ed. Dec. 15, 2020). \87\Id. \88\Supra note 31; see also Celine Castronuovo, The Hill, South Carolina Republican tests positive for coronavirus hours after speaking on House floor, Dec. 16, 2020, available at [https://thehill.com/ homenews/house/530602-south-carolina-republican-tests-positive-for- coronavirus-hours-after-speaking; see also; --------------------------------------------------------------------------- Remote Voting Study In addition to all of the other adaptations discussed above, House Resolution 965 also directed that the ``chair of the Committee on House Administration, in consultation with the ranking minority member, shall study the feasibility of using technology to conduct remote voting in the House, and shall provide certification to the House upon a determination that operable and secure technology exists to conduct remote voting in the House.''\89\ The Committee followed the House's direction by studying the issue of remote voting, including by reviewing the practices of other legislative bodies, at both the national and state levels; reviewing available technology; and conducting a public hearing. This review is focused specifically on the question of whether it is feasible to use technology for the House to conduct remote voting; it is not a review of the constitutionality of remote voting, the specific situations in which it might be employed, or individual products or platforms for remote voting.\90\ The witnesses at that hearing--itself conducted in a virtual online format-- included a former Republican Speaker of the House and several technology experts.\91\ All of the witnesses concluded that remote voting is technologically feasible. --------------------------------------------------------------------------- \89\H. Res. 965, supra note 34. \90\Comm. on Rules, Authorizing Remote Voting by Proxy in the House of Representatives and Providing for Official Remote Committee Proceedings During a Public Health Emergency Due to a Novel Coronavirus, and For Other Purposes, H. Rep. 116-420, 116th Cong., 2d Sess. (2020). \91\Comm. on House Admin., Exploring the Feasibility and Security of Technology to Conduct Remote Voting in the House: Hearing before the Comm. on House Administration (2020), available at https:// www.govinfo.gov/content/pkg/CHRG- 116hhrg41953/pdf/CHRG- 116hhrg41953.pdf and https://cha.house.gov/committee-activity/hearings/ exploring- feasibility-and-security- technology-conduct-remote-voting. --------------------------------------------------------------------------- Accordingly, following the Committee's review, the staff wrote a report which summarized the review and the hearing and concluded that: The COVID-19 pandemic has led to a devastating loss of life in the United States and impacted every aspect of American life. Given the clear impact that COVID-19 can have on the ability of the federal government to conduct legislative business and the continuing surge of the pandemic within the U.S., it is imperative that Congress be able to continue its work safely and securely. The House has already taken several steps to ensure its continued ability to act during the crisis, including passing legislation and conducting oversight, while also protecting the health and safety of legislative branch staff. The authorization of directed proxy voting by Members on the Floor is one important step the House has taken to protect the health and safety of all legislative branch staff and Members. However, other important safety protocols, such as voting in groups and limiting the number of Members on the Floor at one time, have increased the amount of time it takes to conduct Floor votes. Remote voting could both provide additional health and safety benefits--both for those Members and staff in Washington, D.C., and those who may be in their districts--while improving House efficiency. In light of the findings described above, including witness testimony from a former Speaker of the House and highly qualified technology experts, as well as a review of procedures adopted by other legislative bodies, this staff report concludes that operable and secure technology exists to permit the House to conduct remote voting, and that such a tool could be developed to further establish its flexibility and resiliency to operate during the pandemic.\92\ --------------------------------------------------------------------------- \92\Comm. on House Admin., Staff Report on Feasibility of Remote Voting in the United States House of Representatives Pursuant to House Resolution 965, Sec. 5, 17, 116th Cong., 2d Sess. (2020), available at https://cha.house.gov/sites/democrats.cha.house.gov/files/ 2020_Feasibility %20of%20Remote%20Voting %20in%20the%20US_v4%20%281%29.pdf. Accordingly, the Chairperson authorized the release of the staff report and certified that such technology exists.\93\ --------------------------------------------------------------------------- \93\Certification Submitted Pursuant to Section 5(a) of House Resolution 965, 116th Congress, 166 Cong. Rec. H5,760 (daily ed. Nov. 16, 2020). --------------------------------------------------------------------------- SELECT COMMITTEE ON THE MODERNIZATION OF CONGRESS The Select Committee on the Modernization of Congress (SCMC) was established at the beginning of the 116th Congress as part of the H. Res. 6, the House Rules package. Originally authorized for the first session only, the SCMC was extended to the conclusion of the 116th Congress by H. Res. 695 which, in part, amended H. Res. 6. The SCMC, co-chaired by Representative Derek Kilmer of Washington and Representative Tom Graves of Georgia, counts among its Members the Chairperson and Ranking Member of the Committee. The SCMC held a total of 16 hearings between March 2019 and February 2020 and held six markups to pass a total of 97 recommendations.\94\ --------------------------------------------------------------------------- \94\Select Comm. on the Modernization of Congress, Recommendations to Reclaim Congress' Article One Powers, Boost Staff Capacity, Improve the Schedule and Calendar, Improve the Budget and Appropriations Process, Identify Administrative Inefficiencies and Improve Technology and Continuity, H. Rep. 116-561, 116th Cong., 2d Sess. (2020). --------------------------------------------------------------------------- The SCMC, although without legislative jurisdiction, was, with the passage of H. Res. 756 ``the first select committee in recent history to effectively turn suggested reforms into legislative action.''\95\ Under the jurisdiction of the Committee, H. Res. 756, the Moving Our Democracy and Congressional Operations Towards Modernization Resolution, was brought to the House floor on March 10, 2020, where it passed the House under suspension 395-13. H. Res. 756 included 24 of the SCMC's recommendations. --------------------------------------------------------------------------- \95\Id. --------------------------------------------------------------------------- WOMEN IN CONGRESS In 2007, GPO published Women in Congress, 1917-2006. This edition was authorized by H. Con. Res. 66 (107th Congress) and was prepared under the direction of the Committee by the Office of History and Preservation, Office of the Clerk to update and revise an earlier edition, Women in Congress, 1917-1990. During the first session of the 116th Congress, the Committee began working with the Clerk of the House's Office of the Historian in order to revise the 2007 edition and include the historic number of women in the 116th Congress. The Committee introduced H. Con. Res. 92, authorizing the printing of a revised and updated version of the House document entitled ``Women in Congress, 1917-2006,'' on February 26, 2020. This concurrent resolution was then agreed to by the House on July 30, 2020, and the Senate on September 15, 2020. This updated version, Women in Congress, 1917-2020 was published in December 2020. As Chairperson Lofgren wrote in the forward to this new edition: As Chairperson of the Committee on House Administration, I felt that a new edition of this remarkable story of women in Congress was overdue. This history is a fascinating story of how legislative institutions and practices affected the women who first came here a century ago, while highlighting how women have changed and shaped those very institutions and practices in turn. It is a valuable history to all students of Congress, and all students of history. It is a story of how Congress wrestles to truly represent all Americans, while continuing the precedents and procedures that are important to it, working together to effectively meet the challenges of today and tomorrow.\96\ --------------------------------------------------------------------------- \96\Women in Congress, 1917-2020, supra, pg. ix. --------------------------------------------------------------------------- EDUCATIONAL AND OUTREACH ACTIVITIES Outreach and Communications At the beginning of the 116th Congress, the Committee authorized a series of necessary measures to ensure the essential functions of the House of Representatives. These measures included authorizing the initial funding of the Members' Representational Allowance and committee funds, establishing certain reimbursement rates and House fees, and providing guidance on up-coming caucus and conference retreats. In cooperation with the Assistant Speaker's office, the Committee supported weekly freshman office chiefs-of-staff briefings focused on proper office operations. Section 120 of P.L. 115-244 (132 Stat. 2897) established a separate fund for Members of Congress to pay interns in their Washington, D.C., offices subject to regulations promulgated by the Committee which were adopted on March 12, 2019. Through both electronic Dear Colleagues and in-person forums the Committee briefed the House community and addressed frequently asked questions on the details of the newly adopted rules for the House Paid Internship Program. The Committee through the Spring and Summer of 2019 continued outreach through several initiatives. The annual Summer Intern Lecture Series featured 42 prominent speakers and was attended by over 1,200 congressional interns. Additionally, working with congressional agency partners, the Committee developed and launched a district office outreach program to better connect district offices to resources available in Washington, D.C. The inaugural session took place in San Jose, California, with a subsequent event in St. Louis, Missouri. The Committee also provided support and subject matter expertise in the development and execution of the annual district director fly-in which took place in Washington, D.C., during July 2019. In the Fall of 2019, the Committee drafted updated regulations regarding advance payments made at the end of a legislative year, which were adopted through Committee Resolution 116-13. The Committee replicated necessary measures to ensure the functions of the House of Representatives at the beginning of the second session of the 116th Congress including authorizing the initial funding of the MRA and committee funds, establishing certain reimbursement rates and House fees, and providing guidance on up-coming caucus and conference retreats. Normal outreach and education were disrupted by the onset of the COVID-19 pandemic. The Committee focused efforts on providing Members and staff with appropriate resources needed to maintain office functions in a remote work environment. Throughout the Spring and Summer of 2020, the Committee ensured Members and staff had access and funding for safe alternative commuting options, tele-work resources and support, personal protective equipment, and home health screening tools. This was subsequently reflected in the adoption of Committee Resolution 116-24 on November 10, 2020. In the Fall of 2020, the Committee turned its attention to the development and support of both contested elections training and the New Member Orientation Program. The Committee continues to plan for the necessary measures that must be executed at the beginning of the 117th Congress ensuring the House of Representatives has resources needed to perform official duties. New Member Orientation The Committee is responsible for planning and executing the New Member Orientation (NMO) program, along with the travel and logistics for newly-elected Members of Congress, designated aides, and, for the first time, paid transition aides. The program was held in two phases: November 12, 2020-November 21, 2020 and November 29, 2020-December 5, 2020. At 17 days, this was the longest NMO in the history of the House of Representatives. Over the course of NMO, Members-elect, along with their aides, participated in more than 20 bipartisan briefings. These briefings were provided by current Members, senior staff, House Officers, institutional staff and others. Programming included: Operating a Congressional Office During the COVID-19 Pandemic; Physical and Cyber Security; Best Practices for Hiring Staff; Office Setup, the Members Representational Allowance and Leases; Introduction to the House Floor; Legal Liabilities; Responsibilities as an Employer; Workplace Rights and Responsibilities; Effective Constituent Services; Connecting the D.C. Office to the District Office; Legislative Process; Drafting Legislation; Understanding the House Floor and Committees; Office Lottery Overviews; Ethics Training; Decorum and Bipartisanship; Advice from Current Freshmen Members; Overview of Public Health Issues for the 117th Congress; Economic Impacts of COVID-19; Overview of the Federal Budget Process; and Congress and the Courts. In addition to participating in the briefings described above, aides participated in programming specifically designed for staff. This programming included the following briefings: November to January Transition Timetable; Creating a Diverse and Inclusive Workplace; Managing Your Workforce During the Pandemic; and Office Structure and Business Processes. As referenced above, aide briefings were provided both to designated aides and the newly authorized paid transition aides. Paid transition aides were a recommendation of the Select Committee on Modernization implemented by the Chief Administrative Officer in coordination with the committee. Transition aides are House employees, paid by the Chief Administrative Officer, dedicated to assisting Members-elect with office setup tasks. They are paid by the Chief Administrative Officer and act as the primary liaison between Members-elect and House support offices. In total, 52 transition aides participated in NMO. Notably, NMO took place amid the COVID-19 pandemic, at a time when cases across the nation were spiking. As such, the committee consulted extensively with the Office of Attending Physician to ensure all committee-planned NMO activities were conducted safely. All bipartisan committee-planned briefings and other activities were streamed online via Webex, allowing for completely virtual participation for Members and presenters who wished to attend remotely. The Committee spearheaded a new initiative, one recommended by the Select Committee on the Modernization of Congress to require presentations, along with myriad videos from House Officers and institutional partners be recorded and uploaded to a dedicated website so that Members and aides could access them at their convenience. This initiative will begin to build an easily-accessible knowledge base for Members and staff. For Members-elect participating in person, the Capitol Visitor Center Congressional Auditorium was configured such that seats for both Members-elect and participants were appropriately distanced. To ensure individuals were appropriately spaced, aides viewed all presentations via simulcast across three additional rooms within the Capitol Visitor Center. In addition, hotel accommodations, meals and transportation provided under direction of the committee were all facilitated pursuant to relevant direction and guidance from the Office of Attending Physician. Congressional Summer Intern Lecture Series The Congressional Summer Intern Lecture Series is a bipartisan, bicameral effort coordinated annually by the Committee on House Administration and the Senate Committee on Rules and Administration. Started by former Representatives Gerald Ford and Donald Rumsfeld in the 1960s, both committees extend invitations, mostly to current and former government and military officials, policy experts, and media personalities, to speak to congressional interns. The First and Second Session Lectures were conducted in contrasting manners due to the COVID-19 pandemic. The First Session Lecture series was conducted in the traditional manner. A total of 42 lectures were held over the seven-week period between June 10, 2019, and July 26, 2019. Notable lectures from the 2019 Lecture Series included the Director of the Centers for Disease Control and Prevention, Dr. Robert R. Redfield; the Speaker of the House, Nancy Pelosi; House Republican Leader, Kevin McCarthy; House Minority Whip, Steve Scalise; political commentator and former talk show host, Greta Van Susteren; political journalists Jake Sherman and Anna Palmer; the Librarian of Congress, Dr. Carla Hayden; NASA Administrator, Jim Bridenstine; and United States Department of Transportation Secretary, Elaine L. Chao. Due to the COVID-19 pandemic, the Second Session Lecture Series was held virtually for the first time. In order to ensure the health, safety and security of this unique intern experience, less invites were extended. The virtual experience allowed for Interns and Member's to partake in a private, off the record lecture series, while maintaining their health and safety. A total of 30 lectures were held over a five-week period between June 30, 2020, and July 31, 2020, with a lecture nearly every day during that time. Notable speakers from this year's series included the Speaker of the House, Nancy Pelosi; the Librarian of Congress, Dr. Carla Hayden; and several House and Senate Chairs and Members. HOUSE PAID INTERNSHIP PROGRAM Pursuant to section 120 of Public Law 115-244, the Energy and Water, Legislative Branch, and Military and Veterans Affairs Appropriations Act, 2019 and H. Rept. 115-929, the Conference Report to accompany H.R. 5895, on March 12, 2019, the Committee on House Administration adopted Committee Resolution 116-8 providing up to $20,000 per Member office for the sole purpose of paid internships in Washington, D.C., known as the House Paid Internship Program. The paid internship positions authorized under this provision did not count against the number of employees who may be employed by a Member of the House under 2 U.S.C. Sec. 5321. Subsequently, on May 5, 2020, the Committee adopted Committee Resolution 116-19 authorizing $25,000 per Member office for interns participating in this program and allowing interns to be based in the Washington, D.C., or a Member's district office. These interns continue to not count against the Member's employee staff ceiling. Additionally, in the event of a vacancy in office, the Committee authorized amounts to be made available to the succeeding Member on a prorated basis as determined by the Committee. Furthermore, the Committee directed the CAO to report in the Statement of Disbursements payments from the applicable House accounts in a manner that accurately reflects the employing office of individuals employed through the House Paid Internship Program. The CAO was also directed to develop a payroll authorization form for this program and include program participants on the monthly payroll certification of the Member office that has authorized the internship. Finally, the CAO was directed to provide offices a monthly update on the balance of their allotment and submit a semiannual report to the Committee on both total usage of the authorization by Member offices and usage by Washington, D.C., and district offices. Committee Hearings and Meetings Hearings Listening Session on Voting Rights and Elections in Brownsville, Texas Full Committee February 4, 2019 Witnesses: Mr. Rolando Rios, Esq.; Mr. George Korbel, Esq.; Mr. Matthew McCarthy, ACLU Foundation of Texas; Mr. Chad Dunn, Esq.; and Ms. Mimi Marziani, Esq., President, Texas Civil Rights Project For the People: Our American Democracy Full Committee February 14, 2019 Witnesses: Chiraag Bains, Director of Legal Strategies, Demos; Wendy Weiser; Director, Democracy Program, Brennan Center for Justice at NYU School of Law; Fred Wertheimer, President, Democracy 21; The Honorable Kim Wyman, Secretary of State, State of Washington; Panel two: Alejandro Rangel-Lopez, Student; Peter Earle, Wisconsin Civil Rights Trial Lawyer; Brandon A. Jessup, Data Science and Information Systems Professional; Executive Director, Michigan Forward; and David Keating, President, Institute For Free Speech Voting Rights and Election Administration in Georgia Subcommittee on Elections--Field Hearing, Atlanta, Georgia February 19, 2019 Witnesses: Stacey Abrams, CEO and Founder, Fair Fight Action; Panel 2: Gilda Daniels, Director of Litigation, Advancement Project; Sean Young, Legal Director, Georgia ACLU; Stacey Hopkins, Voter, Fulton County GA; and Cliff Albright, Cofounder, Black Votes Matter. Committee Funding for the 116th Congress Full Committee March 12, 2019 Witnesses: Hon. Elijah E. Cummings, Chairman, Committee on Oversight and Reform, U.S. House of Representatives; and Hon. Jim Jordan, Ranking Member, Committee on Oversight and Reform, U.S. House of Representatives. House Officer Priorities for 2019 and Beyond Full Committee April 9, 2019 Witnesses: Hon. Cheryl L. Johnson, Clerk of the U.S. House of Representatives; Hon. Paul D. Irving, Sergeant at Arms, U.S. House of Representatives; Hon. Philip G. Kiko, Chief Administrative Officer, U.S. House of Representatives; and Hon. Michael T. Ptasienski, Inspector General, U.S. House of Representatives. Voting Rights and Election Administration in the Dakotas Subcommittee on Elections--Field Hearing, Fort Yates, North Dakota April 16, 2019 Witnesses: Ms. Alysia LaCounte, General Counsel, on behalf of Turtle Mountain Band of Chippewa; Ms. Myra Pearson, Chairwoman, Spirit Lake Tribe; Mr. Charles Walker, Councilman at Large, on behalf of Standing Rock Sioux Tribe; Mr. Roger White Owl Chief Executive Officer, on behalf of Mandan, Hidatsa & Arikara Nation; Ms. Ruth Buffalo, Representative, North Dakota House of Representatives; Ms. Jacqueline De Leon, Staff Attorney, Native American Rights Fund; Ms. Prairie Rose Seminole Community Organizer; Ms. Donita Loudner, former Buffalo County Commissioner; Ms. Peri Pourier, Representative, South Dakota House of Representatives; and Mr. O.J. Semans Sr., Co-Executive Director, Four Directions, Inc. Voting Rights and Election Administration in North Carolina Subcommittee on Elections--Field Hearing, Weldon, North Carolina April 18, 2019 Witnesses: Dr. William Barber II, President and Senior Lecturer, Repairers of the Breach; Hon. Dan Blue, Minority Leader, North Carolina Senate; Mr. Irving L. Joyner, Professor of Law, North Carolina Central University School of Law; Mr. Tomas Lopez, Executive Director, Democracy North Carolina; Ms. Caitlin Swain, Co-Director, Forward Justice; and Ms. Patricia Timmons- Goodson, Vice-Chairwoman, U.S. Commission on Civil Rights. Voting Rights and Election Administration in Ohio Subcommittee on Elections--Field Hearing, Cleveland, Ohio April 25, 2019 Witnesses: Ms. Naila Awan, Senior Counsel, Demos; Mr. Mike Brickner, Ohio State Director, All Voting is Local; Ms. Inajo D. Chappell, Member, Cuyahoga County Board of Elections; Mr. Daniel Ortiz, Outreach Director, Policy Matters Ohio; Mr. Tom Roberts, President, Ohio Conference of the NAACP; and Ms. Elaine Tso, Interim Co-Chief Executive Officer, Asian Services in Action Voting Rights and Election Administration in Florida Subcommittee on Elections--Field Hearing, Fort Lauderdale, Florida May 6, 2019 Witnesses: Ms. Marleine Bastien, Founder and Executive Director, Fanm Ayisyen Nan Miymi, Inc.; Ms. Nancy Batista, Florida State Director, Mi Familia Vota; Mr. Andrew Gillum, Chair, Forward Florida; Ms. Anjenys Gonzalez-Eilert, Executive Director, Common Cause Florida; Mr. Juan Cartagena, President and Senior Counsel, Latino Justice PRL DEF; Ms. Judith Browne Dianis, Executive Director, Advancement Project; Ms. Karen Wilkerson, League of Women Voters of Florida, and Mr. Logan Churchwell; Communication and Research Director, Public Interest Legal Foundation Election Security Full Committee May 8, 2019 Witnesses: Hon. Jocelyn Benson, Secretary of State, State of Michigan; Mr. Joseph L. Hall, Chief Technologist and Director, Center for Democracy and Technology; Hon. John Merrill, Secretary of State, State of Alabama; Mr. Larry Norden, Deputy Director, Brennan Center's Democracy Program; and Ms. Marian Schneider, President, Verified Voting Foundation. Voting Rights and Election Administration in Alabama Subcommittee on Elections--Field Hearing, Birmingham, Alabama May 13, 2019 Witnesses: Mr. James Blacksher, Attorney; Ms. Jenny Carroll, Professor of Law, University of Alabama Hugh F. Culverhouse Jr. School of Law; Mr. Ernest Montgomery, Council Member, Calera City Council; Ms. Nancy Abudu, Deputy Legal Director, Voting Rights, Southern Poverty Law Center; Mr. Scott Douglas, Executive Director, Greater Birmingham Ministries; Ms. Isabel Rubio, Executive Director, Hispanic Interest Coalition of Alabama; and Mr. Benard Simelton Sr., President, Alabama Conference of the NAACP. Oversight of the Election Assistance Commission Full Committee May 21, 2019 Witnesses: Hon. Thomas Hicks, Commissioner, Election Assistance Commission; Hon. Benjamin Hovland, Commissioner Vice Chair, Election Assistance Commission; Hon. Christy McCormick, Commissioner and Chairwoman, Election Assistance Commission; and Hon. Don Palmer, Commissioner, Election Assistance Commission. Oversight of the Congressional Research Service Full Committee June 20, 2019 Witnesses: Mary B. Mazanec, Director, Congressional Research Service; and Susan Thaul, Ph.D., President, Congressional Research Employees Association Oversight of the United States Capitol Police Full Committee July 16, 2019 Witnesses: Hon. Paul D. Irving, Sergeant at Arms, U.S. House of Representatives; Mr. Steven A. Sund, Chief of Police, United States Capitol Police; Mr. Michael A. Bolton, Inspector General, United States Capitol Police; and Mr. Gus Papathanasiou, Chairman, U.S. Capitol Police Labor Committee. Oversight of the Renovations of the Cannon House Office Building Full Committee September 10, 2019 Witnesses: Mr. Brian A. Abt, Chief Executive Officer, Mid Atlantic Region, Clark Construction, LLC., Washington, D.C.; Mr. Thomas J. Carroll III, Acting Architect of the Capitol, Washington, D.C.; Mr. Terrell Dorn Managing Director, Infrastructure Operations, Government Accountability Office, Washington, D.C.; and Mr. Christopher P. Failla, Architect of the Capitol Inspector General, Washington, D.C. Oversight of the Smithsonian Institution Full Committee September 18, 2019 Witnesses: Mr. Lonnie G. Bunch III, Secretary, Smithsonian Institution, Washington, D.C.; and Ms. Cathy L. Helm, Inspector General, Smithsonian Institution, Washington, D.C. Voting Rights and Election Administration in Arizona Subcommittee on Elections--Field Hearing, Phoenix, Arizona October 1, 2019 Witnesses: Ms. Montserrat Arredondo, One Arizona; Ms. Patricia Ferguson-Bohnee, Professor of Law, Indian Legal Clinic, ASU Law School; Mr. Alex Gulotta, Arizona State Director, All Voting Is Local; Mr. Darrell Hill, Policy Director, ACLU of Arizona; The Honorable Stephen Roe Lewis, Governor, Gila River Indian Community; The Honorable Jonathan Nez, President, The Navajo Nation; The Honorable Michelle Ugenti-Rita, State Senator, State Senate of Arizona; and Ms. Lorena C. Van Assche, Arizona State Advisory Committee, U.S. Commission on Civil Rights Voting Rights and Election Administration in America Subcommittee on Elections October 17, 2019 Witnesses: Ms. Barbara Arnwine, National Co-Chair, National Commission for Voter Justice; Ms. Michelle Bishop, Voting Rights Specialist, National Disability Rights Network; Ms. Kristen Clarke, President & Executive Director, Lawyers' Committee for Civil Rights Under Law; Ms. Hannah Fried, Director, All Voting Is Local; Mr. Dale Ho, Director, Voting Rights Project; Ms. Virginia Kase, Chief Executive Officer, League of Women Voters; The Honorable Catherine E. Lhamon, Chair, U.S. Commission on Civil Rights; Ms. Denise Lieberman, Senior Attorney & Program Director, Power & Democracy, Advancement Project; Ms. Elena Nunez, Director of State Operations & Ballot Measure Strategies, Common Cause; Mr. Deuel Ross, Senior Counsel, NAACP Legal Defense Fund; Mr. Thomas Saenz, President & General Counsel, MALDEF; Mr. Arturo Vargas, Chief Executive Officer, NALEO Educational Fund; Mr. Michael Waldman, President, Brennan Center for Justice; Ms. Brenda Wright, Senior Advisor for Legal Strategies, Demos; and Mr. John C. Yang, President & Executive Director, Asian Americans Advancing Justice Member Day: Committee on House Administration Full Committee November 21, 2019 Witnesses: Hon. Derek Kilmer, Member of Congress, Washington D.C; Hon. Tom Graves, Member of Congress, Washington D.C.; Hon. Dean Phillips, Member of Congress, Washington D.C.; Hon. Tom Rice, Member of Congress, Washington D.C.; Hon. Mark Takano, Member of Congress, Washington D.C,. Hon. Pete Olson, Member of Congress, Washington D.C.; Hon. Justin Amash, Member of Congress, Washington D.C., Statement for the Record; Hon. Tony Cardenas, Member of Congress, Washington D.C., Statement for the Record; Hon. Anna G. Eshoo, Member of Congress, Washington D.C., Statement for the Record; Hon. Brian K. Fitzpatrick, Member of Congress, Washington D.C., Statement for the Record; Hon. Carol D. Miller, Member of Congress, Washington D.C., Statement for the Record; Hon. Seth Moulton, Member of Congress, Washington D.C., Statement for the Record; Hon. Stacey E. Plaskett, Member of Congress, Washington D.C., Statement for the Record; Hon. Jose E. Serrano, Member of Congress, Washington D.C., Statement for the Record; and Hon. Haley M. Stevens, Member of Congress, Washington D.C., Statement for the Record. 2020 Election Security-Perspectives from Voting System Vendors and Experts Full Committee January 9, 2020 Witnesses: Mr. Matt Blaze, Professor of Law, Georgetown University Law Center, Washington, D.C.; Mr. Tom Burt, President and CEO, Election Systems & Software, Omaha, NE; Mr. Mike Gianasi, County Clerk and Recorder, Christian County of Illinois, Taylorville, Illinois; Dr. Juan Gilbert, Andrew Banks Family Preeminence Endowed Professor & Chair, University of Florida, Gainesville, FL; Ms. Liz Howard, Counsel, Brennan Center for Justice, Washington, D.C.; Ms. Julie Mathis, President and CEO, Hart InterCivic, Austin, TX; The Honorable Donald Palmer, Commissioner, Election Assistance Commission, Silver Spring, Maryland; Mr. John Poulos, President and CEO, Dominion Voting Systems, Denver, CO; and Rev. T. Anthony Spearman, President, North Carolina NAACP, Greensboro, North Carolina Oversight of the Smithsonian Institution: Opportunities for Growth by Honoring Latino Americans and Asian Pacific Americans Full Committee February 5, 2020 Witnesses: Hon. Jose E. Serrano, Member of Congress, Washington D.C.; Hon. Will Hurd, Member of Congress, Washington D.C.; Hon. Grace Meng, Member of Congress, Washington D.C.; Mr. Lonnie G. Bunch III, Secretary, Smithsonian Institution, Washington, D.C.; Dr. Beth Lew-Williams, Associate Professor of History, Princeton University, Princeton, New Jersey; Mr. Henry Munoz, Chair, National Museum of the American Latino Commission, Washington, D.C.; Dr. Eric Petersen, Specialist in American National Government, Congressional Research Service, Washington, D.C.; and Ms. Lisa Sasaki, Director, Smithsonian Asian Pacific American Center, Washington, D.C. Native American Voting Rights: Exploring Barriers and Solutions Subcommittee on Elections February 11, 2020 Witnesses: Ms. Jacqueline De Leon, Staff Attorney, Native American Rights Fund, Boulder, CO; Mrs. Patricia Ferguson-Bohnee, Director, Indian Legal Clinic, Sandra Day O' Connor College of Law, Phoenix, AZ; Mr. Leonard Forsman, Chairman, Suquamish Tribe, Suquamish, WA; The Honorable Ben Ray Lujan, Member of Congress, Washington D.C.; Ms. Doreen McPaul, Attorney General, Navajo Nation; Mr. Elvis Norquay, Member, Turtle Mountain Reservation, Rolla, ND; and Ms. Amber Torres, Chairperson, Walker River Paiute Tribe Oversight of The Government Publishing Office Full Committee March 3, 2020 Witnesses: Mr. Hugh Halpern, Director, Government Publishing Office, Washington, D.C.; Ms. Laurie Hall, Superintendent of Documents, Government Publishing Office, Washington, D.C.; and Mr. Michael P. Leary, Inspector General, Government Publishing Office, Washington, D.C. The Impact of COVID-19 on Voting Rights and Election Administration: Ensuring Safe and Fair Elections Subcommittee on Elections June 11, 2020 Witnesses: Hon. Marcy Kaptur, Member of Congress, Washington D.C.; Hon. Gwen Moore, Member of Congress, Washington D.C.; Ms. Kristen Clarke, President & Executive Director, Lawyers' Committee for Civil Rights Under Law; Mr. Mark Dimondstein, President, American Postal Workers Union; Ms. Sherrilyn Ifill, President & Director--Counsel, NAACP Legal Defense & Educational Fund, Inc.; Mr. Lawrence Norden, Director, Election Reform, Democracy, Brennan Center for Justice; Hon. R. Kyle Ardoin, Secretary of State, State of Louisiana; and Hon. John H. Merrill, Secretary of State, State of Alabama Exploring the Feasibility and Security of Technology to Conduct Remote Voting in the House Full Committee July 17, 2020 Witnesses: Hon. Cheryl L. Johnson, Clerk of the U.S. House of Representatives; William Crowell, Partner, Alsop Louie Partners; Newt Gingrich, Former Speaker of the House; Jon Green, Vice President and Chief Security Technologist, Aruba Networks; Dr. Ronald L. Rivest, Institute Professor, MIT Computer Science and Artifical Intelligence Lab; Dr. Aviel Rubin, Professor and Technical Director, The Johns Hopkins University Information Security Institute; and Dr. David Wagner, Professor, Computer Science Division, University of California, Berkeley Voting Rights and Election Administration in the U.S. Virgin Islands and Other Territories Subcommittee on Elections July 28, 2020 Witnesses: Hon. Stacey E. Plaskett, Member of Congress, Washington D.C.; Hon. Jenniffer Gonzalez-Colon, Member of Congress, Washington D.C.; Hon. Michael F. Q. San Nicolas, Member of Congress, Washington D.C.; Hon. Gregorio Kilili Camacho Sablan, Member of Congress, Washington D.C.; Mr. Gerard Emanuel, Retired Educator; Dr. Gwen-Marie Moolenaar, President, League of Women Voters of the Virgin Islands; and Neil Weare, President and Founder, Equally American Legal Defense & Education Fund Voting Safely in a Pandemic Full Committee August 28, 2020 Witnesses: Hon. Donald L. Palmer, Commissioner, U.S. Election Assistance Commission; Hon. Alex Padilla, Secretary of State, State of California; Ms. Julie Wise, King County Director of Elections, State of Washington; Ms. Vanita Gupta, President and Chief Executive Officer, The Leadership Conference on Civil & Human Rights; and Ms. Amber McReynolds, Chief Executive Officer, National Vote at Home Institute Voting Rights and Election Administration: Combatting Misinformation in the 2020 Election Subcommittee on Elections October 6, 2020 Witnesses: Hon. Benjamin Hovland, Commissioner, U.S. Election Assistance Commission; Hon. Jena Griswold, Secretary of State, State of Colorado; Ms. Inajo Davis Chappell, Member, Board of Elections, Cuyahoga County, Ohio; and Mr. Spencer Overton, President, Joint Center for Political and Economic Studies Meetings Markup of H.R. 1 or a related measure, and for other purposes February 26, 2020 Markup of Committee Resolution 116-08 March 12, 2019 Markup of H. Res. 245 and Committee Resolution 116-09 March 25, 2019 Markup of H.R. 2722, the SAFE Act June 21, 2019 Markup of H.R. 4617 Stopping Harmful Interference In Elections For A Lasting Democracy Act (SHIELD Act) October 16, 2019 Markup of H.R. 1980 November 12, 2019 Committee Resolutions The Committee passed 24 resolutions over the course of the 116th Congress. These resolutions are reprinted in Appendix I-- Committee Resolutions. MINORITY VIEWS LEGISLATIVE BRANCH OPERATIONS During the 116th Congress, the Committee Republican and Majority staffs of the Committee on House Administration (the Committee) worked on several bipartisan issues impacting Legislative Branch operations. The Committee Republicans appreciate the bipartisan efforts to:
Establish ``subject-specific'' re-occurring oversight meetings to address: Copyright IT Modernization, Cannon House Office Building Renovation, District Office Outreach, and improving the services offered by House Information Resources. Direct the United States Capitol Police and encourage the Fraternal Order of Police to start collective bargaining agreement negotiations. Identify and work to confirm a permanent agency head for the Government Publishing Office, which had gone without a permanent director for over two years. Identify and work to confirm a permanent agency head for the Architect of the Capitol Conduct several oversight hearings including: Priorities for House Officers, United States Capitol Police, Congressional Research Service, Cannon House Office Building Renovation, Smithsonian Institute, and Government Publishing Office. Update the Member and Committee Handbooks to address advanced payments and incorporate changes necessitated by the COVID-19 pandemic. Establish the SPF Sean Cooley and SPC Christopher Horton Congressional Gold Star Family Fellowship Program. Implement the first ever initiative to provide a paid transition aide to member-elects of the 117th Congress. Direct the CAO to revise the existing Memorandum of Agreement (MOA) with the General Services Administration covering district office leases and services. Provide oversight of the Library of Congress's Visitor Experience project. Provide oversight of the Capitol Visitor Center's re-fresh of Exhibition Hall. CONGRESSIONAL RESEARCH SERVICE The hearing held by the Committee focusing on the Congressional Research Service (CRS) was a productive first step in addressing several long-term management issues at CRS. The Committee Republicans were hopeful that the hearing would be a starting point in addressing the challenges CRS faces. Unfortunately, that never occurred, and Committee Republicans believe most of the issues raised at the hearing still have not been addressed. Committee Republicans look forward to working together in a bipartisan way to conduct proper oversight the Congressional Research Service in the 117th Congress. SHARED EMPLOYEES The Committee Republicans were optimistic that the Majority would be willing partners to fully implement the necessary controls over shared employees that had been developed in the 115th Congress to address identified vulnerabilities. That implementation has not occurred. To make matters more frustrating, it appears the Majority put more effort into approving a significant six-figure settlement with several former shared employees, than working together to implement needed controls over shared employees and existing vulnerabilities. UNITED STATES CAPITOL POLICE The Committee Republicans introduced the Capitol Police Advancement Act of 2020. This piece of legislation calls to increase transparency of the department and provide authorities needed to remove bad actors from the police force. While much of the debate around policing in America was focused on local and state police departments, the Committee felt it was important to advocate for policy changes that would address some longstanding issues on the Capitol campus. Furthermore, Committee Republicans support the regional reorganization of the department to better protect Members and staff in the districts. This initiative has been approved by the Capitol Police Board and hopefully the Majority will support implementation. NATIONAL LIBRARY SERVICES HEADQUARTERS The Committee Republicans want to see more of an effort put into upgrading programs within the National Library Services (NLS), the most impactful step to that end is for Congress to find a permanent long-term headquarters. A proposal that has support from the Library of Congress, NLS, Senate, and Committee Republicans has been pending approval with the Majority of the Committee for over a year. HOUSE COMMISSION ON CONGRESSIONAL MAILING STANDARDS The Committee Republicans would like to associate themselves with the following portion of the Majorities Committee Activity Report and emphasize the gratitude to Franking Commission Chairwoman Susan Davis and Ranking Member Bryan Steil: ``The House Commission on Congressional Mailing Standards, commonly known as the Franking Commission, is responsible for issuing regulations governing the proper use of official communications resources, providing advice and counsel to Members and committees through advisory opinions, and hearing formal complaints against Members who have allegedly violated relevant law and regulations. During this Congress, and in coordination with the Select Committee on the Modernization of Congress, the Commission revised the regulations on the use of the official communications resources to more reasonably reflect the realities of contemporary digital communications. These changes will also simultaneously provide more transparency to the public and more flexibility for Members.'' SELECT COMMITTEE ON MODERNIZATION OF CONGRESS The Select Committee on Modernization (SCMC), established at the beginning of the 116th Congress for the first session and later extended for the entire Congress. The SCMC passed at total of 97 recommendations. The recommendations ranged from way to improve communication with constituents, additional human resource support for offices, efforts to promote bipartisanship, and reimaging how the House uses information technology. Many of the recommendations are in the process of being implemented or are already in place, the benefits already being realized by offices. The 117th Congress provides an enormous opportunity to build on this work through the Committee prioritizing which additional recommendations should be implemented. The Committee Republicans are supportive of the SCMC being authorized for the 117th Congress and look forward to collaborating with them again. COVID-19 RESPONSE As the global pandemic began to impact Congressional operations there was a real spirit of bipartisanship to address the immediate needs of the House. The initial effort to transition thousands of staff to telework posture was a monumental task that went extremely well. Additionally, there was collaboration on establishing supply lines, initial procurements and distribution of personal protection equipment, both in DC and districts. An internal COVID taskforce was created consisting of Congressional support agencies, Leadership staff from both sides, and staff from both sides of the Committee. For many weeks the taskforce met daily, these conversations were helpful often resulting in resolution on timely issues. As it became apparent that the pandemic was going to have a lengthy impact on operations; the Committee Republicans began to advocate for the development of a transparent, comprehensive plan to balance the health and safety of our workforce with the Constitutionally required work of the House. That plan should have been based in science and medical advice, developed in a bipartisan way, and made available to everyone. It should have addressed a comprehensive health monitoring program including testing, reconfiguring of multi-use space to accommodate social distancing requirements, consistent occupancy limits and a way to enforcement them, and clearly established phases that would drive the institution's operating posture. Instead what was developed at the Majority's direction was a patchwork of confusing guidance, inconsistent messaging, and the appearance that decisions that should be made by medical professionals were instead being driven by political conveniences. For the final seven months of the 116th Congress the Majority of the Committee has effectively abdicated the spirit of bipartisanship that has been the hallmark of the Committee for many years when addressing House operations. Despite the unjustified mode of operation by the Majority, the Committee Republicans hope the spirit of bipartisanship will return in the 117th Congress and continue to stand ready to work together. ELECTIONS Throughout the 116th Congress there was fundamental difference on election policy between Committee Republicans and the Majority. The 116th Congress started with H.R. 1 and its provisions that would have mandated a Federal takeover of elections, legalized ballot harvesting nationwide, funded Congressional campaigns with taxpayer dollars, limited free speech, and further politicized the Federal Election Commission. After the hyper-partisan H.R. 1 failed to become law, the Committee Republicans offered several commonsense election related bills including the Election Security Assistance Act and the Honest Elections Act. ELECTION OBSERVER PROGRAM The Committee Republicans wanted to highlight the importance of the Election Observer Program. The program has provided Committee Republicans with an incredible amount of data and established strong relationships and communication with key outside partners that will be critical to our efforts to fight back in this contested election fight. A few highlights from this year's program: Our team recruited and trained more than 70 Republican House staffers to serve as official election observers. Through the program, we deployed observers to 19 districts across the countrywho are observing to ensure ballots in the closest House races are being processed fairly and counted accurately. In the weeks following the election, we dedicated significant resources to observation in Allegheny Co., PA, southwestern Iowa, Gwinnett Co., GA, Clark County, NV, Illinois, Utah, New York, and California, among others. As counting and other post- election work progressed, we remained on the groundto closely monitor races. We raised issues with access for observers, segregation of ballots, glitches with voting machines, processes for provisional ballots, inventory of memory cards, and others. A comprehensive analysis on election administration issues will be forthcoming in the 117th Congress. The Committee also conducted significant time fact-finding in various States prior to the general election to hear directly from local election administrators on the challenges they face. This work will help inform Committee Republicans develop policy moving forward. Rodney Davis Ranking Member.