In the last five weeks, based on the numbers i saw this morning, nearly 30 million americans filed for unemployment. We are already approaching the highest percentage of unemployed since the great depression. Now more than ever, americans need to know that their leaders are working for them, and they have voices as we work to navigate in this pandemic. In a world where it is no longer safe to be within six feet of each other, congress has to learn how to adapt. It is not the first time we have made do to ensure the continuity of congress. With the Nuclear Threat during the cold war, the u. S. Government constructed a large bunker for congress. We would be required to meet outside of washington. This may either first time in the modern area where there is not a physical meeting location at risk, but rather elected officials themselves and others we would be in contact with. We are a subcommittee of the Homeland Security and Governmental Affairs committee, which has jurisdiction over congressional organizations. Its important we look at this issue on how to govern during these sorts of times. From that perspective, while we wait for guidance, on how to conduct more formal hearings remotely, todays discussion is an attempt to move Congress Forward in times of crisis when we cant meet in person. It is fitting our topic of the day should be remote proceedings in congress, including remote voting. Today, are gathering itself is really part of our case as i understand, it is the first time we have been able to do this in the u. S. Congress. Certainly in the senate. We want to show it was possible to have a hearing without physically being in a hearing room. We are told this is a first are the u. S. Senate. In my view, remote congressional proceedings should never be the norm. It should be limited to times of true and nationwide emergencies, and only when it is not feasible for senators to be in the same place. Any authorization to proceed remotely, whether it is Committee Meetings or the votes should be limited in duration. Any extension should require a vote by the entire senate. Our goal should be to bring both our country and congress back to work in person as soon as safely possible. There are times when that is not possible. These principles are outlined in the bipartisan remote voting resolution i introduced with senator dick durbin. It allows a majority and minority leaders to agree, put in place a temporary voting arrangement for remote voting in times of extraordinary crisis. After 30 days, senators would have to vote to allow that remote voting, otherwise the mandate would expire. Our subcommittee is releasing a report containing both illegal analysis and technical security recommendations for remote voting and remote governing. Illegally, the serene court made it clear the constitution allows the u. S. Senate to make its own rules. The court has a long history of giving difference to congress in determining its procedures when it comes to issues surrounding voting. Based on our legal analysis, we expect remote proceedings to have the same deference. I think the founders would be supportive of the legislative ranch being heard during emergencies. We also need to address the technical issues that surround remote proceedings. In my view, senators should be required to authenticate their identity and verify their vote through an encrypted platform for remote voting. There are several offtheshelf solutions for that that the senate can use to create a secure and reliable voting platform. We have worked with experts and we will hear some of that today. We dont have to reinvent the wheel. I urge people to review this report, which i believe puts to rest many concerns i have heard raised about temporarily authorizing the senate to proceed remotely in times of crisis. We very much look forward to hearing from our witnesses about these issues. The senate would not be the first legislative body to work remotely. Several states have continued legislative business in the past month, including allowing members to remote vote. Across the atlantic, the European Union and plummeted a remote voting for its legislative body. The parliament of the u. K. Is beginning to experiment with Holding Virtual proceedings. While a lot is uncertain about when life will return to normal, one thing should be clear, congress should be able to continue to represent the American People, do its job, even in times of crisis. I want to thank the senator for working with me on this event today, but also on this broader issue of remote governing. I appreciate him working so closely together in a bipartisan way to make sure congress can continue to operate and provide needed support for all americans. With that, i turned to senator carner to his opening remarks. Leadershipu for your on this issue. It is an extremely important topic. I am pleased we were able to have this discussion now, even as we continue to Work Together remotely. I wanted to say i am sitting here in my pajamas. In quitehe first time a while. Be with all of you. My service on this committee started less than a year before 11,attacks on september 2001. One of the planes hijacked that morning was likely headed to the u. S. Capitol. In the wake of that tragic day in our nations history, we start the conversation about issues like how to assemble congress in a secure, remote if they couldnt meet in washington, d. C. There is a special underground facility in west virginia. We are also having conversations about having tests for congress. It is scary and challenging time. The new challenges we face today as a result of covid19 are no less scary and no less challenging. Covid19 deaths through our country continue to grow. It is essential those of us in Congress Respond quickly and effectively. Our top priority right now should be do all we can to tect the necessary support all you can to provide support to first responders, the health care professionals, businesses and state and local governments. They are at stress, almost to the breaking point. Thats the toll this disease have taken. I think this is a good time to restart instructions from almost 20 years ago and begin to figure out how we can make sure this congress and future congresses are able to function through major crisis that might make it difficult for us to assemble in washington, d. C. When confronted with a difficult policy decision like this, the first is this. If its not broken, dont fix it. Look at the rural Emergency Operations center. I asked nothing is broken. Somepose one can enable bipartisan support to enact killings of dollars to combat the problems in recent weeks. I argue those are working just fine. At the same time, much more needs to be done, and divisions are starting to show as we think about what to do next and when. It may be the in normas consent is no longer an option. Inaction is not an action. Allows us to move to the next stage in the response to covid19. We need to consider it. As we consider some of the changes that have been proposed recently, im reminded of a second adage, do no harm. We should not allow any remote Voting System established to deal with the impact of covid19 to be abused to further unrelated partisan goals. If the system allows us to deal with this disease, also used in the coming months to confirm controversial nominees. Even worse than that would be the future Senate Majority leaders using remote voting ever more frequently to conduct routine business so numbers can remain at home states turning to washington to do our nations business. Every single partisan success i have been a part of as a member of this body, and some of you, have come out of personal relationships with our colleagues during our time. Discussions and negotiations in the capitol. Losing those relationships and the ability to work closely with our colleagues, it would never get past. Likely exile away all negativity in a partisanship to make congress unpopular with voters in recent years. If i can acknowledge that there are more than a few questions we will need to confront as we decide what course to follow with respect to this issue. Find out what works and do more of that. Our country is not alone grappling with this global outbreak. We need to look closely at how other legislative bodies with the same issues and the number of states taking bold steps. See what lessons we can learn from their expenses. Thank you, mr. Chairman. I want to thank our staff. We welcome each of you. I think our witnesses are martin, joshua. Welcome all of you. We look forward to hearing from you. Productive and timely conversation that needs to be addressed in this critical time in our nations history. Mitt romney has joined us, and maybe some others. It is good to be with all of you. Look forward to meeting in person next week. Looking forward to being back with you, as well. Senator romney has joined us. Without giving you any notice, would you like to make any opening comments . We may have other colleagues who will join us. A few others are interested in joining later. Senator romney, anything before we get started . There we go. Mr. Chairman, thank you. Mr. Ranking member, good to see you. And to see marty gold, hearing from him and the other panelists. It is an important topic. Almost two months ago, i raised with leadership the possibility that we might need to vote remotely, and suggested it was an idea for another time. Im glad this is another time. I wish you the very best in the process. I think we have to have a provision of this nature in place. The biggest question for me is making sure of the Biggest Issue is making sure a true place, aswas in opposed to this becoming a Political Tool to be used by perhaps a majority or minority leader to accomplish something membership at large wasnt in favor of. We have seen the emergency designation used by the president in a way some of us thought was excessive. I think being able to define what is a true emergency and what would require remote voting would be something that we need to Pay Attention to. Thank you for convening this hearing, i look forward to hearing from the panelists. Senator hawley has also joined us. Are you able to join us, and can we hear your audio . How about this, can you hear me now . You sound great. Thank you. My video is not working, but im able to see you and hear the audio. I will second your remarks, mr. Chairman. Thank you for holding this timely hearing on this very timely subject. I think we have to consider responsible, reasonable options to make sure we can continue our work, no matter what the circumstances are. Thank you for pursuing this hearing so we can explore these possibilities. I look forward to hearing from the witnesses. I see that senator langford has joined us, as well. Do you have any opening comments . We are about to go to the witnesses. Im glad to join you. I look forward to the witness testimony. A chance to listen into that. Thank you. I dont know if any other senators are on. If you are, speak up now. We will turn to our witnesses. The first witness has been referenced. Martin gold is a partner at capital counter llc. He wrote the book that is considered the foremost authority on senate rules and procedures, its called Senate Practice and procedure. His expertise is renowned, in terms of how the senate should operate aced on his extensive background in the senate. We are pleased to have with us lower like kelly. She is a fellow at the center for social impact and innovation at georgetown university. She leads the resilient democracy coalition, which has been at the forefront of looking at ways data and technology can be used to modernize congress. We thank you very much for joining us. Isnow you are out west, this early for you. Thank you for finding a way to be with us. We have joshua with us. He is a senior fellow at the Government Affairs institute at georgetown university. He holds a phd in clinical science and focuses his research in teaching congressional procedure and politics. Having read his testimony, hes got a lot of interesting points to make dealing with some of the potential concerns senator carper raised. I would ask to keep your Opening Statements to five minutes. We will submit your full written testimony for the record. We will post it on the subcommittees website. Mr. Gold, we will start with you. Can you hear me . I can hear you well. Thank you very much. Mr. Chairman, good morning. Good morning senator carper and other members of the subcommittee. Thank you for your invitation. Senate leaders have worked thoughtfully to mitigate the impact of the coronavirus on the chamber. The question is, is there more that the senate can do to retain its deliverance and character while retaining membership and staff . Proposals like yours have made to use technology to augment or replace customary operations. Assuming those ideas are technologically feasible, are they constitutional . Thecore issue arises from mandate that a majority of each house constitutes according to business. Your remote voting resolution stipulates artistic patient by a majority of senators in a virtual vote satisfies this requirement. I believe that is correct. Power ofgress selfgovernance is not absolute, it is very ample. Supreme court addressed this point in the u. S. Versus alan, which was litigation involving in 1890 house rule that altered how they were determined. Later in 1890, Congress Passed legislation to increase tariffs on certain goods. Mr. Ballin was an importer. So he sued, intending the legislation was inferred because of not present as representatives. The case involved the juxtaposition of two constitutional provisions. The Court Ordered requirement and the rulemaking one. Justice david explained congress may not govern itself in a way, but violates constitutional restraints and fundamental rights, but otherwise the right rules to suit its needs. Its up to the house to decide andto ascertain a quorum, proclaim judicial deference to the rulemaking party saying that within the limitations subjected, it was beyond the challenge of any other body or tribunal. So the Supreme Court upheld the statute. In the 2014 case, the Supreme Court unanimously invalidated three recess appointments made between pro forma sessions. The issue was judicial deference. Justice Stephen Breyer wrote the standard we apply today is consistent with the constitutions broad delegation of authority to the senate to determine how and when to conduct its business. Please consider the purpose of the coram requirement itself. The framers looked at other options, but settled on a majority, believing it fostered broad representative anticipation in congress word. As george mason of virginia said, in this extended country, embracing so great a diversity of interest, it would be dangerous to distance parts to allow a small number of the members to make laws. Remote voting and virtual proceedings only serve a quorum objectively. With the courts invalidate legislating for a physical meeting if Congress Says it is unsafe to convene . Justice Robert Jackson once observed, it is useful to temper doctrine or logic with tactical wisdom. Failure to do so could convert the constitution into a suicide act. If the senate authorizes virtual proceedings, they must either amend or override some senate rules specifying such proceedings satisfy the rules, or the exception is made for them. The senate must also consider president ial orders that operate notwithstanding contradictory language in the rules so as you avoid an inadvertent impact on them. Mr. Chairman, the senate could adopt the Standing Order that would temporarily override the rules. Thats something you can do if you are worried about the implications of amending the text. Thats exactly what the senate did in 2013 with a Standing Order to reduce time on certain nominations. The Standing Order expired at the end of the congress. Virtual proceedings are not a subsequent norm for senate. The opportunity for senators to interact with each other, party leaders, staff, diminished committees, not function customarily. Over senators have the right to debate and the right to amend. Neither of those rights is duplicated by a process, but allows for remote voting without virtual proceedings. It may be necessary to implement things in phases, like the British Parliament. In this case, beginning with remote voting. As soon as possible proceedings should replicate senate floor. Virtual operations are similar. Even worse would be a senate that feeds unanimous consent to legislate while in pro forma sessions, or one that must convene and has in its conditions if there is an objection or forum call. Finally, some procedures explicitly referred to the needs to prevail with 60 votes. In person sessions with many will have the distorting making those thresholds. I appreciate the opportunity to share these perspectives. Really appreciate your insight. Ms. Kelly, we will now turn to you for your opening statement. Senators, thank you for the opportunity to testify. I work on congressional monetization at the center for social impact and innovation at your town. We are at a Pivotal Moment in our democracy. The urgency to restore a functional Legislature Increases with every moment. Will Congress Join the rest of society, not to mention several other legislatures in the u. S. And around the world, and let the technology enable us to carry on with the operations of the first branch . Where we maintain the promise set forth in article one of our let moreions, or we time slip away as unprecedented taxpayer dollars are spent . As checks and balances go awry . And as americans far and wide look to congressional leaders to inform us, to unify us, and to help push through this crisis . Let us choose the first option. And if you remember anything from this testimony about continuity of the senate and remote participation. Let it b