Public Witness Testimony on Strengthening Congressional Capacity Post-Chevron to House Committee on Administration
POPVOX Foundation Cofounder and Executive Director Marci Harris submitted testimony to the House Committee on Administration for its hearing, “Congress in a Post-Chevron World,” 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.
Testimony for the Committee on House Administration Hearing, “Congress in a Post-Chevron World”
Submitted by Marci Harris of POPVOX Foundation
Introduction
Chair Steil, Ranking Member Morelle, and distinguished members of the Committee, my colleagues at POPVOX Foundation and I are honored to submit this testimony. We commend you for organizing this hearing so soon after the recent Supreme Court decision overturning the Chevron doctrine to begin exploring ways in which Congress can respond operationally to a post-Chevron world.
The Supreme Court's Loper Bright decision did not "give" anything to Congress or change its inherent powers. As the first branch of government with the lawmaking power and the power of the purse, Congress has always had the authority to clarify its intent or to act on new or emerging issues. This new decision simply clarifies that courts will no longer defer to agency interpretations of statutes when legislative text is ambiguous or silent on an issue. Instead, courts will use the rules of statutory interpretation that they use in other areas of law to discern Congressional intent.
Building on a Strong Foundation of Modernization
The Committee on House Administration — in collaboration with the previous Select Committee on Modernization and now with the Modernization Subcommittee — has led significant changes over the past three Congresses that have strengthened the institution. These modernization efforts provide a strong foundation for further improvements, demonstrating Congress's ability to adapt and evolve. The post-Chevron era underscores the necessity for Congress to build on these previous modernization efforts and invest in its people, technology, and processes to ensure it can meet these new challenges head-on.
Congress has shown it can be ready for this new challenge. The committee's proactive, exploratory approach to understanding what actions need to be prioritized ensures the continued success and health of Congress in the post-Chevron era. By leveraging the groundwork already laid and continuing to innovate, Congress is well-positioned to reassert its legislative authority effectively.
Potential Impacts on the Legislative Branch
The Legislative branch will likely experience the impacts of this change in several ways. First, as cases make their way through the courts over the next several years challenging existing rules, there will be uncertainty. While settled cases will not be reopened, new cases challenging existing rules will be filed in myriad policy areas and make their way through the district and appellate courts, as these lower courts begin applying the Supreme Court's new instructions.
This uncertainty may lead to an increase in advocacy as industries and organizations ask for legislative action to clarify Congressional intent. This could result in more testimony submitted for the record, increased requests for language to be inserted in legislative vehicles, and a rise in requests for new bills or cosponsorship. Committees of jurisdiction will likely be lobbied on areas where the potential for existing regulations to be overturned creates uncertainty.
Enhancing Congressional Capacity
Investing in People
To address the demands of increased legislative clarity and statutory interpretation, Congress needs to bolster its workforce by expanding staff numbers for individual Members, committees, and institutional offices. Continuous education and training are vital. Providing Members and staff with the necessary skills to interpret statutes, engage in detailed legislative drafting, and collaborate with executive agencies will ensure they are well-prepared to handle the complexities of the post-Chevron environment.
Embracing Technology
Adopting advanced technologies can enhance efficiency and save costs. Data dashboards, for instance, can provide Members with timely information on policy implementation, facilitating informed decision-making. Unlocking Executive branch data and integrating it with Congressional systems will enable better tracking of policy outcomes and improve legislative oversight, as this committee recognized with its passage of H.R. 7953, the Modernizing the Congressional Research Service’s Access to Data Act.
Refining Legislative Processes
Clear legislative intent must be articulated to minimize ambiguity. This requires a more refined approach to drafting that will require expanded resources for the House Office of Legislative Counsel and committee counsels.
Leveraging Technology for Legislative Drafting
The House has already released a request for information for an expanded collaborative drafting tool, building on the success of the Comparative Print Project. Additionally, the House Committee on Legislative Branch Appropriations has directed the House Office of Legislative Counsel to undertake a study on the feasibility of a new ticket tracking system for policy submissions for legislative language. These efforts should be supported and expanded to include ways to address new demands on the Legislative branch in light of the Chevron decision.
Strengthening Institutional Support
The Congressional Research Service and the Government Accountability Office can provide critical insights and training to Congressional staff, ensuring they are well-equipped to address the demands of the post-Chevron era.
Conclusion
Congress is capable of rising to this challenge and is already making strides in improving its internal systems, processes, and resources. Fully understanding and adjusting to the repercussions of the Supreme Court's decision will take time. However, the Committee on House Administration's leadership in modernization efforts has laid a strong foundation for meeting these new challenges.
By continuing to invest in its people, technology, and processes, Congress can effectively reassert its legislative authority and serve the American people in this new post-Chevron era. The institution's ability to adapt and innovate, as demonstrated by recent modernization successes, positions it well to navigate this new landscape and fulfill its constitutional role as the primary policymaking branch of government.
Additional Resources:
Video: Chevron Changes 101: What it Means for Capitol Hill
Aubrey Wilson, Congress in the Wake of a Chevron Change: Resources and Recommendations
Marci Harris and Zach Graves, Newsweek: The Supreme Court Is About To Make Congress Reinvent Itself
Marci Harris, Post Chevron, Congress Has to Get Serious About Capacity
Slides explaining how the decision will impact Congress in the short-term:
