Modernization in Congress: Keeping the Momentum Going
GAI | December 12, 2024
Guest Post by Lorelei Kelly , Research Faculty Lead on Congressional Modernization at GeoDES, Georgetown Democracy, Education + Service, McCourt School of Public Policy
Hidden beneath divisive campaign season headlines, Congress has a positive story to share. Prompted by an inefficient, outdated workflow and historically low public trust in government, Democrats and Republicans have worked together since 2019 to modernize the institution. With guidance from the Select Committee on Modernization, Congress has laid the groundwork for more effective and data-driven lawmaking and begun exploring technology to enhance its role in a modern democracy. The Committee – which ran for two sessions – passed 202 recommendations, the majority of which are either in process or implemented. “ModCom” has been hailed as rare good news about Congress, which I’ve seen up close in my role as a contributor to the “Fix Congress” Cohort, a group of individuals from civil society dedicated to supporting modernizers in the House of Representatives. ModCom’s mission and successes should be celebrated, as we look towards additional progress.
The Mission and Successes of ModCom:
The House has moved from outdated three-ring binders to e-signatures and is slowly transitioning from archaic communication methods to digital systems. Just last year, all district offices were connected to a unified congressional WIFI. Pandemic-driven rules changes have further reshaped traditional norms, reducing the advantage of being physically close to power. Remote and hybrid workflows are now standard. During the pandemic, platforms like Zoom made it possible for witnesses from across the country to participate in committee hearings.
These changes raise important questions: How will they shape Congress in the future? Could they strengthen its capacity and restore balance among the three branches of government? Will these advancements make Congress more responsive, better informed, and more effective in serving the nation?
Although the House has returned to in-person committee testimony, the emergency rules implemented during the pandemic highlighted opportunities to incorporate more “on the ground” perspectives into the lawmaking process. By creating additional ways for more Americans to engage and see themselves represented in their democratic institutions, Congress can foster a stronger connection with the public.
Congress will never be an agile institution, but modernizers in the House demonstrated how–given a shared mission–members could lean into incremental progress with great success. The Select Committee on the Modernization of Congress was led during its four-year lifespan by Rep. Derek Kilmer (D-WA), who has a background in state government and strategic consulting. His Vice Chair was Tom Graves (R-GA), with finance and small business experience, and later William Timmons (R-SC), a veteran, lawyer and state legislator. This group of members, nicknamed the “Fix Congress” committee, worked together to build a teamwork model for the congressional process, one that should be emulated across the entire institution. They reorganized the room for hearings, for example, eliminating hierarchy and time limits so that the witnesses could engage in true discussion. They also conducted dozens of listening sessions with staff and civil society. The committee operated under an aspirational belief that a good process can yield good outcomes. In a nod to the ModCom’s success, a Subcommittee on Modernization was installed in the Committee on House Administration. Together with a “Fix Congress” Caucus, it has established a bipartisan internal headquarters to keep the momentum going.
Modernizers in Congress were persistently concerned about the effects of polarization and threats of violence on their ability to govern. Specifically, much of the news cycle and individualized media environment incentivizes performance rather than the slow, thoughtful decision-making process of lawmaking. During the Committee’s tenure, the House Communications Standards were updated from a system that echoed the era of wax-sealed envelopes. This update is an important first step in enabling better, more official communications, while establishing civility guidelines in an atmosphere where they’re needed. The new standards ban deep fakes, for example. While penalties for enforcement may appear modest in practice (the strongest named is suspension of official mass communication privileges), these declaratory measures are an important and sorely needed starting point. New tools and guidance are critical for renewing democratic norms for an increasingly digital government.
Whither reform in Congress?
The outcome of the 2024 election has resulted in unified Republican control of the federal government, with the GOP narrowly holding the House, and winning the Senate, and White House. This Republican majority is driven by a strong ideological faction, which will heavily influence legislative priorities and procedural decisions, and the legislative agenda is likely to consume the majority party. While bipartisan efforts to modernize congressional processes are expected to continue, GOP leadership may be less inclined to compromise on broader institutional projects or increase capacity. Reform-minded lawmakers and institutionalists are likely to focus quietly on efficiency and existing initiatives rather than pursue new ones. Here are the most promising paths forward.
Looking to the Future:
1.Build the Infrastructure and Resources for Modern Oversight:
The Modernization Committee included evidence-based decision making as a core theme of oversight and monitoring duties. The next two years will be a good time to try out data-driven methods in committees. How about a mock hearing using federal agency data for dynamic modelling in an authorization committee? Creating a data-informed culture is an important modern norm. The last Trump administration created a federal data strategy that was worthy of bipartisan support. Hopefully this momentum will pick up where it last left off.
Lacking a unified information system, Congress is missing situational awareness about itself and the outside world. It is not safe to assume that even the most dedicated committees or personal staffs communicate with each other about the kind of complex and globally impactful challenges we face as a nation or as a planet. Few shared communication entities exist to serve the system as a whole. The same communication deficit is true of the members themselves. Some are data-driven internationalists, others are policy wonks. Some live in districts with deep pools of shared knowledge. Others are starved for this kind of support.
Committees and especially subcommittees are the subject matter experts of Congress. They are crucial to the deliberative process and their proceedings provide scrutiny, explanation and a supply chain of accountable information to the public. Prompted by modernization, the House Clerk is currently developing a committee portal which will be a “one stop shop” for committees. Members are often scheduled to be three places at once and so miss assigned hearings. Just think of the helpful “catch up” curriculum Congress could create for members and staff to listen to as they commute home or drive around rural districts. The progress on this portal depends on Congress continuing to fund its innovation budget. A good way to keep abreast of what’s happening in this space is to attend the Congressional Data Task Force meetings, which are open to the public with registration.
Last summer, the Supreme Court’s Loper Bright decision overturned the ability of federal agencies to interpret ambiguous law. As a result, Congress must build capacity for writing more clear instructions in lawmaking. Creating high quality and accessible data and documentation “for the record” is urgent, as statutory interpretation will be a cornerstone of checks and balances going forward.
2. Connect in New Ways with Constituents:
Collegial connection and civic engagement were addressed in the recommendations. Looking to prompt collaboration, the ModCom also initiated the return of member directed spending–formerly known as earmarks and now called community project funding. They were abolished in 2010 amid concerns of abuse and opposition by fiscal hardliners. To quell those concerns, former Appropriations Chair DeLauro instituted strong ethics requirements when she brought earmarks back, which have continued. To date, virtually every state has participated in this locally driven community grants effort, funding a wide variety of projects. Congress is also creating internal guidance on Artificial Intelligence. Modern deliberative platforms should be part of this expanding realm. Last May, 40 non-profit and civil society organizations asked the Committee on House Administration for revised guidance on vendors in Congress, seeking the participation of more non-profits, B Corporations and universities in the new technology spaces opening up because of digital advances.
3. Jump Start Modernization in the Senate:
The Senate, which never created its own Modernization Committee, is years behind the House when it comes to institutional modernization. Barring whole chamber action, individual Senators and their staffs should take the initiative to convene, initiate and pilot new ideas. As I detailed in testimony to Senate Legislative Branch Appropriations, The Senate’s comparative advantages on modernization are consensus, six year timeframes and state level jurisdictions. As of now, the chamber has installed more shared meeting spaces, and Senate staff are active in the Modernization Staff Association, but it lacks any visible, member-led hub for learning and participation. As a first step, an individual Senator could create a Modernization Caucus or task force. Senate-only characteristics open up other timely possibilities, too, especially in the form of a modern knowledge commons. From building shared and accessible data repositories, to working with home-state public universities on continuing education for staff, to workflow technology for constituent services, there are many hopeful avenues for improvement.
4. Create a Continuity of Government Plan for Congress:
The election process unfolded without major disruptions, but the results highlight ongoing challenges to the safeguards that uphold American democracy. Concerns about violence and intimidation persist in public discourse, and mistrust of government among some groups continues to test social cohesion and the stability of institutions. Women and other vulnerable communities face particular challenges in today’s public square. Democratic norms have been weakened in recent years. In the months ahead, issues such as presidential immunity could significantly impact the rule of law and the system of checks and balances essential to democratic governance. While Congress has notched a bipartisan victory with the Electoral Count Reform Act, aimed at clarifying the Vice President’s role in presidential transitions and thus preventing another January 6, much remains to be done. The House modernizers’ focus on a continuity plan for governance, to fill legislator vacancies in the event of mass casualties, exposes a weakness in need of reform. While rebuilding norms and faith in institutions is critical, these hardly have a fast legislative solution. In contrast, enacting continuity reforms would be an achievable and meaningful win for the American people.
5. Create Opportunities for Member Continuing Education:
Most workplaces prioritize professional development for employees, but members of Congress largely lacked this after their initial member orientation, often segregated by party, until the Select Committee on Modernization shone a light on this gap. The Committee prompted the House to create a Congressional Excellence program to provide leadership development to members. While this is a solid start, the need for a variety of member-focused, non-partisan education remains. Member (and staff) skills education is an ideal role for colleges and universities in DC and across the country. Learning spaces that support members’ workflow duties and constituent-serving workplace capacities will bring members together as colleagues with common missions. They will give members a chance to create a collegial identity around service instead of party. Other education topics could increase the knowledge base about the executive branch, Artificial Intelligence, effective oversight, chairing a hearing, negotiation skills and cybersecurity best practices.
While much remains to be done, the inspiring news today is that over the past 5 years, Congress has laid the foundation for institutional progress and eventual transformation. With good fortune and leadership, this positive momentum will continue.
Categories: 118th Congress, Committees, Congressional Policy Issues, Leadership, Media Center, Revise & Extend, Updates