INSUBCONTINENT EXCLUSIVE:
As COVID-19 forces much of America to work from home, the United States Congress — whose 535 members have an average age of 60 — is
still operating from Capitol Hill.
Why this population (deemed high-risk to the coronavirus) isn''t yet doing legislative business remotely
comes down to process, tech and political will.
The House rules and the Senate rules require voting in person
And it would require a change in those rules to do that,& California Congressman Eric Swalwell told TechCrunch on a call from his
Washington, D.C., office.
Swalwell has a plan for Congress to work away from the Hill
He recently reintroduced a resolution with Arkansas Representative Rick Crawford (R-AR) that would allow members to participate virtually in
hearings and vote remotely, under special circumstances.
House Speaker Nancy Pelosi appears to have nixed that option, at least for the
near-term, reportedly telling her caucus last week, &We are the captains of the ship
We are last to leave.
A priority for Congress is finalizing emergency COVID-19 legislation to provide trillions of dollars in resources to
combat the virus and stem the economic havoc it wreaking across the United States
Without a rule-change and clear plan for members to
legislate and vote outside from Capitol Hill, passing that legislation requires lawmakers be present on the building floor.
Bill
Dickinson/Getty Images
There are mixed messages on who makes the call for Congress to go to a remote-work scenario and what kind of digital
contingency would kick in to perform legislative duties at a distance.
In a subsequent scrum to her &last to leave& comments, Pelosi gave an
unequivocal &no& to reporters& questions on Congress closing due to COVID-19
But she added, the ultimate call was not hers
&That a health and security decision up to the Capitol physician [and] Sergeant at Arms,& the Speaker said.
TechCrunch sought input on the
matter from the House Office of the Sergeant at Arms
That inquiry referred us to the Chief Administrative Office, which has not yet responded.
Even after the first congressional staffers have
tested positive for COVID-19, the majority of Capitol Hill high-risk members continue to work on-site and in their office
buildings.
Representative Swalwell MOBILE (Members Operating to Be Innovative and Link Everyone) resolution proposes to change that.
He
introduced the measure every year since 2013, but believes it carries extra weight now due to the COVID-19 pandemic
Swalwell reintroduced it again on March 9.
MOBILE would &mandate the development of a secure remote voting system which members could use to
vote remotely on suspension bills, generally non-controversial bills that require a two-thirds vote to pass,& according to a statement on
the resolution provided by Swalwell office.
It bi-partisan, introduced by me and Representative Rick Crawford from Arkansas and we&ve had
dozens of members join us in support,& Swalwell told TechCrunch.
I don''t mean to have this substitute us meeting in person,& the California
But Swalwell believes there needs to be tech provisions in Congress, comparable to contingency plans in the private sector, for members to
operate virtually outside of Capitol Hill.
Illinois Senator Dick Durbin echoed this on Tuesday, underscoringthe need for virtual committee
hearings and the ability to vote away from Congress in times of national emergency.
As millions of Americans shift from physical work spaces
to platforms such as Zoom, Slack or Google Hangouts during the COVID-19 crisis, detail is lacking on the software, apps and security for
Congress to operate under a measure such as MOBILE.
There still little in the way of tech in the voting process on Capitol Hill, where the
Senate still makes decisions by recording verbal &Yeas& and &Nays& on a tally sheet.
I&m not offering myself as the technical expert,&
Swalwell said on the implementation of his suggested remote voting and convening resolution.
He explained that the House Administration
Committee and House Rules Committee would be the subject matter experts to determine how the Congress would secure voting and meetings
remotely.
Photo by Brendan Hoffman/Getty Images
We have smart members on those committees and capable staffers who could give us a tech
solution today…and the solution that we ultimately use down the road,& he said.
While the business of Congress still remains a present and
in-person affair, the body is taking cautionary measures to protect staff
This week several members, including representative Swalwell and West Virginia Senator Joe Manchin, instructed employees to work from
home.
There more capability for congressional staff, compared to members, to work remotely, according to Frederick Hill, a managing director
at FTI Consulting — who spent 17 years as a staffer in the United States Senate and House of Representatives.
The technology is in place
to support much of the work that goes on in the background at the staff level,& Hill told TechCrunch.
They have VPN networks, shared drives
for off-site work, devices and smartphones to keep them in contact and help draft legislation.& The September 11 attacks and 2001 Anthrax
attacks forced a number of these contingencies for congressional staff members.
Hill explained that when it comes to the most official
congressional activity, such as voting on the floor, ''there really are no provisions [currently] to use technology.
Part of that has to do
with ensuring those elected to represent constituencies are genuinely present to vote.
But similar to so many previously in-person functions
that have shifted to apps paired with security measures, such as multi-factor authentication, decision-making on Capitol Hill could also
move to remote and digital options.
An extenuating circumstance, such as the COVID-19 pandemic, could be what finally moves America chief
legislating body in the direction of being able to vote remotely.
It certainly has provoked the conversation,& Swalwell said
&I think it is a needed conversation
I wish it were under different circumstances.
