Areas for Future ReformDespite the Committee’s success in passing 97 recommendations, thereare still areas of reform that need to be addressed. Because the Committee’slifespan was limited, Members chose to focus on areas where there wasconsensus. There were also many important issues that fell outside of theCommittee’s jurisdiction. Committee Members heard many worthy ideas andencourage future select committees, as well as internal and external reformers,to pursue these issues. Some of these ideas are described below.As detailed in this report’s previous chapters, the Committee prioritizedreforms to help the legislative branch work more effectively and efficiently forall Americans. Committee Members approached their work with theunderstanding that recommendations to improve the People’s House shouldultimately serve the people. A Congress that works better is better equippedto fulfill its obligations, as the Framers intended, to represent and legislate onbehalf of the American people.Select Committee on the Modernization of CongressSCMC_6cd5613a-10f7-11eb-b76e-d2660083ea00A Congress that works better_b19ba224-1288-11eb-9add-b05c1783ea00To identify additional areas of reform that need to be addressed_b19ba332-1288-11eb-9add-b05c1783ea00Civic EngagementImprove civic engagement_b19ba3fa-1288-11eb-9add-b05c1783ea001IMPROVING CIVIC ENGAGEMENT -- The Committee heard a number of ideas focused on improving civicengagement. Bringing people into the process is one way of addressingCongress’ low public approval ratings and enabling the American people to befull shareholders in the legislative process. The more engaged people are inthe process, the more likely they are to follow and learn about Congress.Going forward, there are opportunities to consider a variety of ideas related toenhancing civic engagement, including:CrowdLawEmbrace CrowdLaw_b19ba4ae-1288-11eb-9add-b05c1783ea001.1Embracing CrowdLaw. The term “CrowdLaw” refers to the practice ofusing technology to tap into the collective intelligence and expertise ofthe public to improve the quality and legitimacy of lawmaking.Parliaments, legislatures and city councils around the world areexperimenting with using technology to strengthen meaningful publicparticipation in the lawmaking process. This is also sometimes referred toas the “SIDE” Framework—standing for Stakeholders, Individuals, Data,and Experience & Evidence. In 2019, the Natural Resources Committeeput this into practice by “collectively drafting” an environmental justicebill with the public. There are still improvements to be made on boththe technical and engagement side, but as the Natural ResourcesCommittee illustrated, directly involving the public in the bill writingprocess has strong potential for encouraging greater civic participation.Disengagement Counter disengagement _b19ba562-1288-11eb-9add-b05c1783ea001.2Countering disengagement with new, data-based tools for constituent outreach and communications. Public disengagement can limit the range of political perspectives Congress hears and leave the space to hyper-partisans.ConversationsCreate more integrated, data-based, constituent-focused conversations_540551b8-12f7-11eb-8f73-97d03183ea001.2.1New models create more integrated, data based, constituent-focused conversations that raise up what we have in common rather than what drives us apart. Research has found that Members can have a skewed vision of the constituents in their district, but this discrepancy can be resolved with increased contact and conversations.Encouraging electoral connections with constituents will benefit the American people and Members of Congress alike.MembershipDiversify who serves in Congress_b19ba60c-1288-11eb-9add-b05c1783ea001.3Diversifying who serves in Congress. Congress should consider how todiversify the demographic representation of Congress. Despite someimprovements over time, Congress remains overwhelmingly white, male,and wealthy. In addition to the perspectives demographically diverseMembers bring to the table, research has shown that an increase in“descriptive representation” leads constituents to be more likely tocontact and trust Congress. Further work could be done to make theprocess of running for office clear to members of the public and toreduce barriers to entry (including challenges related to candidatefundraising).CandidacyMake the process of running for office clear to members of the public_b19ba850-1288-11eb-9add-b05c1783ea001.3.1BarriersReduce barriers to entry_b19ba92c-1288-11eb-9add-b05c1783ea001.3.2VoicesDiversify the voices in Congress_b19ba9ea-1288-11eb-9add-b05c1783ea001.4Diversifying the voices in Congress. Along the same lines, Congressshould continue to undertake efforts to ensure that a diversity of viewsare represented in the policy making process... Data collection efforts like these are important in helping Congress better understand and address institutional shortcomings.WitnessesTrack the diversity of witnesses testifying before House committees_54055370-12f7-11eb-8f73-97d03183ea001.4.1Tri-CaucusCongressional Hispanic CaucusCongressional Black CaucusCongressional Asian Pacific American CaucusIn December 2019, the chairs of the Congressional Hispanic Caucus, Congressional Black Caucus, and Congressional Asian Pacific American Caucus—collectively known as the Tri-Caucus—announced an initiative to track the diversity of witnesses testifying before House committees. In a letter to their House colleagues, the chairs wrote, “People of color and women are experts in their fields, but are not always called as witnesses before Congress. We hope that the Committees of the House will join us and keep diversity in the forefront of their work beginning in 2020.” LobbyingMake lobbying more transparent_b19baaa8-1288-11eb-9add-b05c1783ea001.5Making lobbying more transparent. While the Committee passedrecommendations to make Congress more transparent (see Chapter 1),the Committee did not engage with explicit reforms to limit or regulatelobbying in Congress.InfluenceLevel the playing field for all Americans_54055460-12f7-11eb-8f73-97d03183ea001.5.1While lobbying is an important part of citizen engagement, research has shown that certain organizations and industries have an outsized influence in this arena. Future select committees could consider recommendations to level the playing field for all Americans.PolarizationReduce political polarization in Congress_b19bab66-1288-11eb-9add-b05c1783ea002REDUCING POLITICAL POLARIZATION IN CONGRESS -- Encouraging bipartisanship in Congress was a priority of the Committee,as noted in Chapter 2, but future efforts could focus on additionalopportunities to improve bipartisanship and civility in Congress.Evidence-Based PolicymakingPromote evidence-based policymaking_b19bac2e-1288-11eb-9add-b05c1783ea002.1Promoting evidence-based policymaking. While the Committee passedsome recommendations to facilitate more expertise in Congress (seeChapters 3, 9, and 10), more can arguably be done in this space. As notedby Committee Member Rep. Rob Woodall during the February 5, 2020hearing, even committee hearing witnesses are divided along partylines. Encouraging lawmakers to begin policy negotiations with thesame set of facts facilitates finding common ground.Some ideas to encourage non-partisan, evidence-based policymakinginclude:TrainingDirect the Congressional Research Service to develop and provide a training program for congressional staff on the understanding and interpretation of evidence_b19bacf6-1288-11eb-9add-b05c1783ea002.1.1Congressional Research ServiceFellowshipsEstablish a fellowship program that provides a pathway for evidence experts to provide tailored, credible, and timely evidence for Congress_b19badbe-1288-11eb-9add-b05c1783ea002.1.2Congressional FellowsEvidence ExpertsPool FundingReinstitute rules that allow offices to pool funding for personnel, allowing Members flexibility to hire evidence specialists_b19bae86-1288-11eb-9add-b05c1783ea002.1.3Congressional OfficesResearch OrganizationsEstablish new guidelines to make it easier for nonpartisan research organizations to work with Member offices_b19baf62-1288-11eb-9add-b05c1783ea002.1.4Nonpartisan Research OrganizationsLeadership RoleCreate a senior leadership role in Congress to connect researchers and evaluators outside government to appropriate individuals within the legislative branch_b19bb034-1288-11eb-9add-b05c1783ea002.1.5ResearchersEvaluatorsMember OrganizationsSupport Member Organizations_b19bb106-1288-11eb-9add-b05c1783ea002.2Congressional Member OrganizationsSupporting Member Organizations. Caucuses are among the few spacesleft for Member collaboration outside of Committees, as well as servingas a place where diverse voices and perspectives come together toaddress national issues and further support the development of policy.The number of caucuses has been growing steadily in the House, from 56in the 104th Congress (when they replaced Legislative ServiceOrganizations) to 518 in the 115th Congress, suggesting representativesdo find value in them.While the Committee made a couple recommendations governingMember Organizations, future reforms could consider allocating moreresources to Congressional Member Organizations (CMOs), to furtherencourage bipartisan collaboration and congressional capacity.Committees have a more formal role in the policy process, but theinformal role that caucuses play may be an advantage in creating a lessadversarial process of knowledge generation and developing Membernetworks. They are also a way for Representatives to share staff on anad-hoc basis. The Committee heard from staff leaders of congressionalcaucuses, and Members themselves testified to the importance ofcaucuses to share information and develop legislation together. Tosupport caucuses and their staff, future reforms could be considered toease Member offices’ ability to meet their funding commitments toMember Organizations, simplify the budgeting process for MemberOrganizations, and provide additional administrative assistance.FundingEase Member offices’ ability to meet their funding commitments to Member Organizations_b19bb228-1288-11eb-9add-b05c1783ea002.2.1BudgetsSimplify the budgeting process for Member Organizations_b19bb30e-1288-11eb-9add-b05c1783ea002.2.2Administrative AssistanceProvide additional administrative assistance_b19bb3f4-1288-11eb-9add-b05c1783ea002.2.3Rules & ProceduresReform Congressional rules and procedures_b19bb4da-1288-11eb-9add-b05c1783ea003REFORMING CONGRESSIONAL RULES AND PROCEDURAL CHANGES. -- The Committee heard from several experts recommending substantialrules changes to congressional procedure. Below are possiblerecommendations for future Congresses and select committees to consider.AmendmentsOpen up the amendment process_b19bb5c0-1288-11eb-9add-b05c1783ea003.1Opening up the amendment process. Before the Legislative Reorganization Act of 1970, no amendment votes were subject to a roll call vote in the Committee of the Whole. While the Select Committee did not make recommendations in this space, it discussed ideas like not subjecting amendments offered in the Committee of the Whole to roll call votes, to reduce incentives for Members to offer amendments designed to score political points or force other Members to take difficult votes, and having the number of amendments offered in a Committee of the Whole be agreed upon by the Majority and Minority with each allotted an equal number of votes on amendments.RecommittalsReform the Motion to Recommit_b19bb6a6-1288-11eb-9add-b05c1783ea003.2Reforming the Motion to Recommit. Future recommendations couldconsider changing the rules to encourage more meaningful minorityparty participation. The Committee had a number of conversationshighlighting that the motion to recommit is often used—by both sides ofthe aisle—as a political “gotcha” vote rather than as a substantiveopportunity for minority participation. The Committee was not able toagree on reforms in this space but discussed a variety of options. Forexample, rules could allow the minority to choose between filing a motionto recommit or guaranteed floor consideration of a minority amendment.This could encourage the minority to offer a substantive policy alternativeto the majority's bill.OptionsAllow the minority to choose between filing a motion to recommit or guaranteed floor consideration of a minority amendment_b19bb796-1288-11eb-9add-b05c1783ea003.2.1CommitteesConsider the size and jurisdictions of committees_b19bb886-1288-11eb-9add-b05c1783ea004CONSIDERING COMMITTEE SIZE AND JURISDICTION -- Past select committees looking at congressional reform frequentlylooked at the number of congressional committees and at committeejurisdiction. This Committee briefly discussed the value of evaluating theseissues. The Committee heard from experts that believed some committeeswere too large or had too broad a jurisdiction, and that overlappingjurisdictions in congress have led to conflict and inefficiencies. Cognizant thatthese issues were somewhat explosive in the prior reform committees, theSelect Committee decided to focus attention elsewhere. However, there maybe value in exploring the issue further._b19bb976-1288-11eb-9add-b05c1783ea00EthicsReform the Ethics Committee and Office of Congressional Ethics_b19bba7a-1288-11eb-9add-b05c1783ea005House Ethics CommitteeOffice of Congressional EthicsREFORMING THE HOUSE ETHICS COMMITTEE AND OFFICE OFCONGRESSIONAL ETHICS -- Some Members raised concerns about the transparency, efficiency, andpotential politicization of the House Ethics Committee (“Ethics Committee”)and Office of Congressional Ethics (OCE), but the Select Committee did notpass recommendations in this space. Additionally, the Committee heard fromstaff through various listening sessions about the need to update the financial disclosure system. Given the extensive ethics rules and guidelines governingstaff and Members, future select committees may evaluate outdated andpossibly ineffective regulations in need of modernization._b19bbb6a-1288-11eb-9add-b05c1783ea00TechnologyImprove technology in Congress_b19bbc64-1288-11eb-9add-b05c1783ea006IMPROVING TECHNOLOGY IN CONGRESS -- While the Committee passed several reforms in this space (see Chapters 4 and 9), Congress can always continue to improve. Some of the technology-based reforms the Committee heard include:Technology Working GroupEstablish a House Technology Working Group_b19bc16e-1288-11eb-9add-b05c1783ea006.1Establishing a House Technology Working Group. The APSA Task Force on Congressional Reform proposed establishing such a group to identify technological improvements and collaborate on technology modernization efforts for the chamber.Coordination & Information SharingCoordinate and share information about how to modernize institutional operations_54055546-12f7-11eb-8f73-97d03183ea006.1.1A House Technology Working Group made up of Members and staffers with interest and expertise in congressional technology would serve as a venue for offices to coordinate and share information about how to modernize institutional operations.Identification & EvaluationIdentify and evaluate technology that can support lawmaking, oversight, constituent engagement and overall operations for the institution_54055654-12f7-11eb-8f73-97d03183ea006.1.2This working group can identify and evaluate technology that can support lawmaking, oversight, constituent engagement and overall operations for the institution and serve as a central clearinghouse for information and expertise about technology.Information & ExpertiseServe as a clearinghouse for information and expertise about technology_540559c4-12f7-11eb-8f73-97d03183ea006.1.3Data, AI, Policy & OversightMove Congress towards more “dynamic data”, including AI, policy modeling, and data-driven oversight_54055b68-12f7-11eb-8f73-97d03183ea006.1.4This group, or others, could also consider how to move Congress towards more “dynamic data”, including AI, policy modeling, and data-driven oversight. In this regard, Congress is again falling behind the executive branch.VotingEnable remote voting_b19bc290-1288-11eb-9add-b05c1783ea006.2Enabling remote voting. In the midst of the COVID-19 pandemic,Congress discussed a variety of options to ensure work could continue.While the House pursued proxy voting, some, including Rep. EricSwalwell (CA-15), have suggested the House develop proceduresallowing fully remote voting. The further use of technology to enableMember participation is a subject worthy of further exploration. Beyondremote voting on the House floor, committees should consider how toimplement remote voting to increase efficiency and save time. As part ofits continuity of government and congressional operationsrecommendations, the Committee recommended that committeesincorporate technology and innovative platforms, including electronicvoting systems, into daily work. Future select committees could expandupon these recommendations.TranslationIntegrate language translation services into routine Congressional operations_b19bc39e-1288-11eb-9add-b05c1783ea006.3Language translation services. Members of Congress increasinglyrepresent diverse communities of constituents who do not speak Englishas a first language. Communicating with these constituents should notpose challenges to Members and staff, and the burden of figuring outhow to communicate with their Representatives should not fall onconstituents. Some Member offices have their newsletters translated intomultiple languages, provide simultaneous translation services at live anddigital townhall meetings, and offer live, over-the-phone translationservices to constituents. However, these efforts are the responsibility of individual offices. Congress should do more to integrate languagetranslation services into its routine operations and make these servicesavailable to Member offices at no cost to the Member’s RepresentationalAllowance. Language barriers should not prevent people from accessinginformation and services from the People’s House. The provision of suchservices is consistent with the Committee’s accessibilityrecommendations described in Chapter 5.ContinuityEnsure the continuity of Congress_b19bc506-1288-11eb-9add-b05c1783ea007ENSURING THE CONTINUITY OF CONGRESS -- While the Committee passed continuity reforms to directly respond tothe remote work period (see Chapter 9), it did not address the actualprocedures for continuity of government. Prior select committees, mostnotably the 9/11 Commission, have sought to address this issue as well, butgiven the contentious nature of thinking about a large number of Membersbeing incapacitated, specific recommendations have been few.AnalysisAnalyze continuity issues_b19bc61e-1288-11eb-9add-b05c1783ea007.1Analyzing continuity issues. Congress needs to engage in a thoroughanalysis of continuity issues and develop a continuity of operations planfor the continuation of government.Mass VacanciesConsider how elections will proceed in the case of mass vacancies_b19bc736-1288-11eb-9add-b05c1783ea007.2Recommendations should consider how elections will proceed in the case of mass vacancies. Given the differences of state laws regarding special elections and the extensive cost and preparation required to hold an election, a disaster in which the majority of congressional seats need to be filled simultaneously holdsgrave consequences for our democracy.OversightImprove Congressional oversight_b19bc862-1288-11eb-9add-b05c1783ea008IMPROVING CONGRESSIONAL OVERSIGHT -- In addition to the Article One reforms detailed in Chapter 10 and the budget and appropriations reforms of Chapter 11, more could be done to address the discrepancy between executive budgets and congressional oversight. Future select committees could study how to fund oversight as a line item in executive budgets, or consider rules and principles to ensure Congress can perform oversight of the executive branch expenditures.BudgetsStudy how to fund oversight as a line item in executive budgets_b19bc97a-1288-11eb-9add-b05c1783ea008.1Rules & PrinciplesConsider rules and principles to ensure Congress can perform oversight of the executive branch expenditures._b19bca92-1288-11eb-9add-b05c1783ea008.2Shared StaffExplore ways to strengthen standards, training, information sharing and accountability of shared staff_b19bcbbe-1288-11eb-9add-b05c1783ea009SHARED STAFF -- Shared staff are staff who are paid by more than one congressionaloffice or entity. They typically support multiple offices with a range ofadministrative operations, finance, technology, systems and caseworkfunctions. While the Committee gathered information from staff who serve ina shared capacity, and explored ways to strengthen standards, training,information sharing and accountability, it ultimately did not makerecommendations specific to this category of staff.RulesEnsure consistent application of the rules that apply to shared staff_b19bccea-1288-11eb-9add-b05c1783ea009.1The Committee, however,recognized that steps might be taken to ensure consistent application of the rules that apply to shared staff and effective communication of those rules, aswell as administrative reforms to make it easier for offices to employ sharedstaff. Meaningful change can be realized without wholesale reorganization ofthe systems that are currently in place.Shared EmploymentMake it easier for offices to employ shared staff_b19bce02-1288-11eb-9add-b05c1783ea009.2Out-of-Scope IssuesHighlight issues outside the scope of the Committee's mandate_b19bcf38-1288-11eb-9add-b05c1783ea0010RECOMMENDATIONS OUTSIDE THE SCOPE OF THE COMMITTEE’S MANDATE -- While the Committee focused on issues within its mandate, Committee Members were cognizant of the many factors that affect Congress’ ability to uphold its Article One obligations and that contribute to dysfunction.Campaign FinanceReform the campaign finance system_b19bd064-1288-11eb-9add-b05c1783ea0010.1Reforming the campaign finance system. This area drew widespreaddiscussion from Committee Members but was ultimately consideredoutside of the Committee’s mandate. Members expressed, on a bipartisanbasis, frustrations regarding the role of fundraising and the extent towhich it takes time away from their legislative and representationalresponsibilities.GerrymanderingAddress Gerrymandering_b19bd186-1288-11eb-9add-b05c1783ea0010.2Addressing partisan Gerrymandering. Discussions with Members andpolitical scientists during the Select Committee’s work highlighted thefact that polarization in Congress was related to polarization in memberdistricts. This dynamic has been exacerbated by the means in whichdistrict boundaries are drawn, with red districts becoming redder andblue districts becoming bluer. While these issues were considered outsideof the scope of the Committee’s mandate, they may warrant furtheranalysis.DistrictsCreate multi-member districts or expand the size of the House_b19bd30c-1288-11eb-9add-b05c1783ea0010.3Creating multi-member districts/expanding the size of the House. WhenCongress set its membership at 435 Members in 1912, there was onerepresentative for every 211,000 constituents. Following the 2020 census,it is expected that the average U.S. House member will represent roughly765,000 constituents. This report has noted the challenges ofcongressional capacity in the face of growing district size, and punditsand political scientists alike have documented the perils of overly-largedistricts.Similarly, multi-member districts (MMDs) are electoral districts that sendtwo or more Members to a legislative chamber. Ten U.S. states have atleast one legislative chamber with MMDs. Proponents of multi-memberdistricts argue that they are more representative of district voters; forexample, if 60% of the vote goes to one party and 40% goes to anotherparty, a multi-member district would distribute seats accordingly. In asingle-member district system, the winner takes all. The Constitution doesnot prescribe the method for electing representatives to Congress northe number of Members, but increasing the number of Members raises all kinds of other issues (space/additional pay for more Members, staff, etc.).While the Select Committee discussed such out-of-the-box ideas, it wasfelt that far more analysis would be needed.2020-10-20https://modernizecongress.house.gov/imo/media/doc/ModernizationCommittee_10152020r1Compressed%20(newest%20gpo%20report).pdfOwenAmburOwen.Ambur@verizon.net