How safe is Capitol Hill from COVID-19? Here's what we know.
WASHINGTON – The average age of a member in the U.S. House of Representatives is 58. In the Senate it's 63.
And despite its members belonging to one of the highest risk age groups for severe illness and death from the coronavirus, Congress and the Capitol have inconsistencies regarding health and safety.
For a country still facing an unrelenting pandemic that is now killing nearly 1,000 citizens a day, America's lawmakers, and the building in which they govern, are representing perhaps the nation's biggest downfall in controlling COVID-19: irregularities in safety protocols.
Because the Capitol is federal property, the District of Columbia's mayor's coronavirus orders do not apply
US coronavirus map: Tracking the outbreak
Here's what we know about safety from the coronavirus on Capitol Hill:
No uniform testing
Despite housing hundreds of the nation's most powerful citizens, there is no uniform testing plan for the Capitol Building.
It is up to individual lawmakers, workers and staffers to get tested.
As is the case for many Americans, some staffers have difficulty getting tested unless they are symptomatic. This has led to concerns because several lawmakers who have tested positive for COVID-19 were asymptomatic.
More: Which members of Congress have tested positive for COVID-19?
This is in comparison to the White House, where President Donald Trump's staff are tested daily for coronavirus, officials were told they will now be subjected to random testing, and anyone coming into contact with the president must be screened using a rapid test.
It was because of testing at the White House ahead of a scheduled trip with the president on Air Force One that Rep. Louie Gohmert, R-Texas, learned he was positive. He said he was asymptomatic.
House Speaker Nancy Pelosi, D-Calif., told CNN last week that the Capitol building lacks the equipment needed to regularly test members and staff.
In May, Pelosi and Senate Majority Leader Mitch McConnell rejected an offer from the Trump administration to provide Congress with rapid results testing, saying those supplies would be best directed elsewhere during a national shortage of tests. The administration offered 1,000 tests and three Abbott rapid testing machines.
Pre-pandemic, thousands of people worked on Capitol Hill daily.
"It's the members of Congress and support staff and that's very many people. We can't say, well, as members, we should get tested but the other people shouldn't," Pelosi said.
Democratic aides told USA TODAY that the offer wasn't enough to cover all the testing that would be needed in Congress.
House Majority Leader Rep. Steny Hoyer, D-Md., said in a statement to USA TODAY that he would be discussing his "concerns" about testing on Capitol Hill with his colleagues. "[W]ith Members traveling to and from DC from all parts of the country, we should seriously consider providing testing for Members and all employees who work in the Capitol complex."
There would need to be many rapid testing machines to ensure the safety of every member and staff entering the Capitol daily, according to a House Democratic aide who spoke to USA TODAY on the condition of anonymity.
The aide expressed concern given that the rapid test used by the White House has had problems reported regarding accuracy, according to the Food and Drug Administration.
More: President Trump talks with Jonathan Swan about COVID-19 during interview on 'Axios on HBO'
Each lawmaker's office enforcement differs
A large issue with enforcing safety protocols, such as wearing masks, is that there isn't a centralized HR department on Capitol Hill, so each office is different in how they handle the pandemic, testing and mask-wearing.
The House Democratic aide told USA TODAY that "all staff who come to the workplace" are recommended by the attending physician and leadership to do a self-check, such as taking their temperature. But, that may vary given how seriously their offices or lawmakers take guidelines.
More: 'Sorry to burst the magic bubble' says Florida lawmaker of hydroxychloroquine as he battles COVID-19
USA TODAY obtained the health self-check staff are supposed to fill out before coming to work.
One question asks: "Are you or a member of your household awaiting COVID-19 test results, or have you been told to self-isolate? [ ] Yes [ ] No."
"*If you answered yes to any of the above questions, DO NOT report to work," it concludes.
There is at least one known member of Congress who did not comply with these guidelines: Gohmert.
After Gohmert learned he was positive, he returned to his Capitol Hill office to inform his staff in person.
Staffers from several offices have expressed frustration to media outlets that they were told to report to work as normal, even if they were waiting for the results of COVID-19 tests. Full quarantine means not leaving residence unless absolutely necessary.
More: Bad data is bogging down the COVID-19 fight; US 'needs to change,' experts say
POLITICO reported that an email from one of Gohmert's aides read, "When you write your story, can you include the fact that Louie requires full staff to be in the office, including three interns, so that ‘we could be an example to America on how to open up safely?’"
Several outlets also reported that Gohmert's staffers were chastised for wearing masks at work.
Inconsistencies between chambers of Congress
Further, inconsistencies have appeared between the House and the Senate in terms of a mask mandate and enforcement, as well as proxy voting.
Pelosi announced last Wednesday that all members of the House would be required to wear masks on the floor, in the House halls and in the House office buildings after Gohmert's diagnosis added pressure on leadership to reexamine protocols.
More: Speaker Pelosi mandates wearing masks on House floor after Rep. Gohmert tests positive for COVID-19
A press release said, "Any person not wearing a face cover will be asked to put on a face cover or leave" House office buildings.
Attorney General William Barr was tested after coming into contact with Gohmert. The two were seen walking in close proximity without masks during a recess from a hearing in a video that was posted on Twitter.
Rep. Gohmert, who was without a mask, stood outside the men’s bathroom where Barr went before he walked into the “hearing” room.
Once out, Gohmert approached the AG and exchanged a comment or two.
Would say from memory, they were within arms length. https://t.co/eAhHXT07Kz— Olivia Beavers (@Olivia_Beavers) July 29, 2020
McConnell told PBS NewsHour last Wednesday that a mask mandate in the Senate is not necessary because "everybody" is doing it.
He added, "We've had good compliance with that on the Senate side, without a mandate. And so we're getting compliance the voluntary—in the old-fashioned way."
However, a few senators have been spotted without a mask.
Sen. Rand Paul, R-Ky., the only senator known to have tested positive for the virus, has consistently defended his decision not to wear a mask on Capitol Hill, citing "immunity" to a disease that scientists are still struggling to grasp.
More: Can you get infected with COVID-19 twice? Experts say possibility is 'certainly real'
The Democratic-led House passed an unprecedented and controversial measure in May that temporarily allows members unable to come to Capitol Hill due to the pandemic to designate another member as their "proxy" to cast floor votes on their behalf.
However, approval of the idea became partisan; no Republicans voted in favor of the measure, and some questioned the constitutionality of it. A group of Republican lawmakers filed a lawsuit against Pelosi over the new proxy voting system.
Both chambers have returned to Capitol Hill, with the House taking steps like allowing proxy voting and encouraging more remote committee work, but the Senate is not allowing proxy voting.
Just last Wednesday, Rep. Francis Rooney of Florida became the first Republican lawmaker to vote by proxy against House Republican leadership wishes for members to vote in person.
Rooney defended his decision in a series of tweets, arguing it was the responsible thing to do, saying "Congress should utilize modern technology to permit remote voting."
Votes have been occurring remotely for several months now, with no adverse consequences. Given the recent COVID-19 positive test results for my colleagues, including Louie Gohmert today, this method of voting is the prudent and rational course of action. (2/3)
— Francis Rooney (@RepRooney) July 29, 2020
The House Democratic aide said proxy voting and utilizing technology is crucial, and said Congress has conducted many virtual hearings since the beginning of the pandemic.
Proxy voting in the House was extended through Aug. 18.
Another Congressional staffer told USA TODAY they expect the measure to be extended again to "allow proxy voting and remote committee work to continue", which would ensure committees can work safely and "without endangering public health" as cases are surging in parts of the country.
Lawmakers not required to quarantine after travel
Questions of safety arose after Sen. Ted Cruz, R-Texas, was spotted without a face covering on an American Airlines flight earlier in July. Another photo shows Cruz lounging outside the flight’s gate, also without donning a mask.
Cruz's office at the time stated he wasn't wearing one because he was eating and drinking.
Following Gohmert's positive test, Rep. Kay Granger, R-Texas, self-quarantined after sitting next to her colleague on a flight leaving Texas.
Amid all of this, lawmakers returned to work in the Capitol after traveling. They are not required to quarantine because they’re performing what is considered an essential service.
More: Why do so many COVID-19 patients lose their sense of smell? Scientists now know.
Members still sleeping in offices, using gyms
Another issue with keeping the Hill clear of the virus is that many lawmakers are still sleeping in their offices.
Questions arose after Gohmert's positive diagnosis about where he would self-quarantine, as he sleeps in his office while working in the District.
However, Gohmert is just one of the dozens of lawmakers who have made their offices a second home, sleeping there and getting ready for work before their staffs arrive in the morning.
Rep. Jackie Speier, D-Calif., released a statement condemning Gohmert for continuing the practice even after his positive result, saying it threatens the health of janitorial staff and others.
"It's beyond comprehension that anyone would act in this way, let alone a member of Congress," Speier said.
More: Donald Trump mispronounces 'Yosemite' at White House event
Before Paul learned of his positive diagnosis in late March, when he was supposed to be self-quarantining awaiting his test results, he visited the Capitol's gym facilities.
The gyms then closed in March, and reopened on June 25.
During phase two of reopening in D.C., fitness facilities have reopened with limited access.
The House Democratic aide said all members are now required to complete the health check form before entry to the gym, which involves taking their own temperature.
Members must also call ahead to reserve their time at the gym and comply with social distancing, and facility staff are on hand are monitoring compliance from members and enforce rules.
More: USA TODAY's Susan Page to release Nancy Pelosi biography in April 2021
Contributing: Christal Hayes, Ledyard King, Nicholas Wu
This article originally appeared on USA TODAY: COVID-19: How safe is Capitol Hill from virus? Here's what we know.
