Committee on House Administration Hearing Explores the House’s Path Forward in a Post-Chevron Congress

The Committee on House Administration’s (CHA) July 23 hearing, “Congress in Post-Chevron World” focused on Congress constitutional lawmaking power and the need to invest in the First Branch of government. Lawmakers from both parties emphasized the need to bolster Congressional capacity. When asked by Chair Steil [R, WI] if Congress currently has the resources to monitor regulatory activities and make laws with the kind of clarity the Supreme Court’s Loper Bright decision will require, each witness said, “no.” But each also offered concrete suggestions for helping the Legislative branch meet the post-Chevron moment. 

Building on the momentum of this institutionally-focused discussion, CHA should take further steps to explore concrete short- and long-term strategies for strengthening Congress. An important next step is holding a public hearing to address the potential future needs of Congress' internal operations. Bringing in experts from the Congressional Research Service, Government Accountability Office, House Legislative Counsel, and the Office of the House Clerk would provide valuable insight into the short- and long-term strategic investment the institution must begin to scope. Fully understanding and adjusting to the repercussions of the Supreme Court’s decision will not happen overnight, or even in the months to come. By bringing the institutional support offices to the table, CHA can begin to understand what actions need to be prioritized to ensure the continued success and health of Congress in the post-Chevron era and provide confidence that the House is ready to reassert its legislative authority. 

Recommended hearing questions or QFRs for a House institutional support office witness panel composed of representatives from CRS, GAO, Legislative Counsel, and the House Clerk’s Office:

1. [For all witnesses] From your perspective, what is the effect of the change in the Chevron doctrine for Congress? 
   

2. [For all witnesses] What about how the change in Chevron relates to how your entity supports the institution?
   

3. [For all witnesses] What are potential resources your agency has brainstormed to aid Congress in adjusting to the post-Chevron era?
   

4. [For all witnesses] Can you please elaborate on any data access challenges that your agency experiences when engaging with the Executive branch?
   

5. [For all witnesses] Are there any increased authorities that you can foresee your entity needing as Congress relies more heavily on your support to access real time data from agencies?
   

6. [For GAO and CRS witnesses] Can you outline what Congress must do to meet the needs of the institution regarding capacity from a size and funding perspective to successfully absorb this responsibility? 
   

7. [For Legislative Counsel] Can you please elaborate on the greatest capacity challenges you foresee?

1. What solutions, if any, do you suggest? 
   

8. [For Legislative Counsel] Can you please describe the scope of your mission as it relates to clarifying Congressional intent within legislation. How do you perceive the Supreme Court’s decision impacting the role you may be called upon to play to ensure Member intent is clarified?
   

9. In preparing for the 119th Congress, each of your entities participate in New Member Orientation in some capacity and engage in staff upskilling through hosting independent workshops or partnering with the Congressional Staff Academy. Have you begun to explore what potential Member and staff upskilling may be worth developing over the next 6 months? 
   

Over the past three congresses — starting with the Select Committee on Modernization in the 117th and 118th and continuing with the Modernization Subcommittee in the 119th — lawmakers have worked across the aisle to champion House modernization. CHA’s July 23, 2024 hearing was further proof that its members are aware of Congress’ need to take swift, deliberate action to ensure the first branch is equipped to face new challenges in the wake of the Supreme Court’s decision overturning the Chevron deference.

These changes have the potential to significantly alter Congress’ legislative workflows and require more and better communication (and collaboration) with the Executive branch. As discussed by witnesses at the hearing, one of the most immediate resources Congress can look to for assistance are the legislative support agencies, including: the Congressional Research Service at the Library of Congress, the Government Accountability Office, the Congressional Budget Office, and the Joint Committee on Taxation. CHA and other committees of jurisdiction should take steps to evaluate the current capabilities of these entities to establish rapid response teams and services for alerting committees to relevant regulatory developments within their jurisdictions.  

POPVOX Foundation Cofounder and Executive Director Marci Harris submitted testimony for the hearing on how Congress can respond operationally to adjust to the repercussions of the Supreme Court's decision to overturn the Chevron doctrine. Her testimony focuses on the necessity for Congress to build on recent modernization efforts to build its capacity so it can reassert its legislative authority effectively, and calls on Congress to:

• Bolster its workforce by expanding staff numbers for individual Members, committees, and institutional offices;

• Invest in the deliberate upskilling of staff so they can aid Congress in now-necessary statutory construction and interpretation and to coordinate in new ways with the Executive branch; 

• Adopt modern tools and technologies to maximize efficiency and put Congress on an equal footing with the Executive branch and lobbyists;

• Unlock Executive branch data and integrate it with Congressional systems to enable better tracking of policy outcomes and improve legislative oversight (such as with the Modernizing the Congressional Research Service’s Access to Data Act, passed by the Committee on House Administration earlier this year);

• Leverage technology for legislative drafting, such as with the Comparative Print Suite; and

• Invest in the Congressional Research Service and the Government Accountability Office to strengthen institutional support.