It’s Hackathon Day!
Welcome to POPVOX Foundation’s “Future-Proofing Congress,” a new monthly newsletter inspired by our recent report and created for the busy Congressional staffer that highlights modernization wins, new tech tools, professional development opportunities, and constituent engagement initiatives.
In this month’s edition, we’re covering:
Court cases following the overturning of the Chevron doctrine, and what it means for your work,
Member Day Hearing on Rules,
Today’s Congressional Hackathon,
HDS’ New Productivity Tool,
and more!
We’re here for you! As recovering staffers from both sides of the aisle, we know what it’s like to try to keep up with all that’s happening while also staying current on how Congress works and is modernizing. Our goal is to make your life easier, so please don’t be shy about reaching out if you have any questions or suggestions on how we can improve this newsletter.
Warmly,
Aubrey Wilson
Director of Government Innovation
Taylor J. Swift
Director of Government Capacity
Adjusting to Chevron
You have no doubt heard that the Supreme Court’s overturning of what was known as the Chevron doctrine could mean more work for Congress. And while that is probably true, no one is actually sure what its effect will be and what areas of policy will be affected first.
Already, experts are warning that Biden administration priorities like credit card late fee limits, airline refunds, overtime rules, and student debt forgiveness may be impacted.
In the two months after Loper Bright Enterprises v. Raimondo was decided, more than 40 federal lawsuits were filed citing the ruling.
Advocacy organizations and special interest groups from aftermarket auto parts to manufacturing and tobacco, to even the tree nut growers (really!) are gaming out how to take advantage of the decision.
And the Air Force is arguing that the overturning of Chevron means that it should not have to clean up PFAS chemicals on a base in Tucson.
What does that all mean for YOU as a Congressional staffer? As we warned back in a July webinar, policy staff should prepare to be lobbied.
We’re keeping our eyes on the courts for clues on how things are shaking out, including:
The Fifth Circuit struck down the Department of Labor’s 2021 “80/20” tip credit rule, finding it inconsistent with the Fair Labor Standards Act and deeming it "arbitrary and capricious" (Restaurant Law Center v. U.S. Department of Labor).
The US District Court for DC found the Commodity Futures Trading Commission’s (CFTC) overstepped in shutting down political gambling platform Kalshi, which would allow betting on Congressional races (KalshiEx LLC v. CFTC). The ruling is currently paused pending appeal.
The DC Circuit overturned the EPA's stricter emissions standards for industrial boilers citing Loper Bright to reject Chevron deference and apply its best reading of the Clean Air Act without deferring to the EPA (US Sugar Corp. v. EPA).
The US District Court for the Northern District of Texas ruled that the FTC exceeded its statutory authority and acted arbitrarily in issuing its Non-Compete Rule, with no Chevron deference applied following the Supreme Court's recent decision in Loper Bright (Ryan, LLC v. FTC).
The Fifth Circuit remanded the DOL's ESG rule case for reconsideration, citing Loper Bright and directing the district court to independently determine whether the rule aligns with ERISA (State of Utah v. Su).
And Chevron changes may just be the beginning. Recent lawsuits brought by the Pacific Legal Foundation are making a broader case against Congress’ ability to delegate authority to agencies, challenging the breadth of the “nondelegation” doctrine — “the principle that Congress cannot delegate its legislative powers or lawmaking ability to other entities.”
As the saying goes, watch this space!
Member Day Hearing on Rules
Today’s House Rules hearing may have BIG impacts on how the next Congress functions. The House Committee on Rules is holding a Member Day hearing TODAY at 10 AM ET in H-313, providing an opportunity for current House lawmakers to share ideas on various changes to the rules and operations of the House.
These hearings often lead to real changes. In past Member Day hearings, lawmakers offered dozens of proposals that were later included in the rules packages — including creating the House Select Committee on the Modernization of Congress, reforming earmarks, and strengthening the 72-hour rule.
We at POPVOX Foundation released a 119th House Rules Recommendations report with sixteen reforms to House rules that focus on:
bolstering the House's authority in the post-Chevron era,
advancing technology and innovation, reinforcing Article I powers,
enhancing transparency and accountability,
and modernizing Congressional operations.
Some of our key recommendations include:
Taylor recently chatted with Lindsey McPherson of The Washington Times and went into more detail about our thinking behind these proposals.
Civil society’s “Fix Congress” cohort also sent House leaders a letter Wednesday endorsing four changes to the House rules:
changing the House schedule,
adopting the BUDS resolution (allowing two original bill sponsors),
establishing bipartisan committee retreats, and
examining provisions regarding the continuity of Congress.
AI on the Hill
Hack your day
If you’re free this afternoon, head over to the CVC from 1-6 PM for the 6th Congressional Hackathon! This semi-yearly event is hosted by House leadership in partnership with the CAO, and brings together a bipartisan group of Members, staff, Legislative branch agency experts, civic technology developers, academics, good government advocates, and more for an afternoon of brainstorming how new technology can be leveraged to improve Congressional workflows. The event kicks off with remarks by Speaker Johnson and Minority Leader Jeffries, so get there early to get a seat.
Get hyped for the event by reading POPVOX Foundation Deputy Director Anne Meeker’s recap on how tools for casework took center stage at last year’s hackathon!
AI-Augmented Operations
Check out our new guide on how AI-augmented operations can enhance productivity for elected officials and their staff at all levels of government.
CAO’s House Digital Services Launches HouseCal
Schedulers, rejoice! This summer, HDS launched HouseCal to reduce scheduling conflicts between committees and minimize the need for your boss to jump between hearings or miss them all together. This new all-in-one calendar empowers staff to track in real-time: voting days, hearings, markups, and meetings, while also providing access to live committee and floor video feeds.
Building off the 2023 Deconflict Committee Scheduling Tool, which was developed in coordination with the Committee on House Administration's Modernization Subcommittee, HouseCal expands on the Deconflict tool's scheduling features and make it easy to add committee and caucus events to your calendars. What a powerful way to implement ModCom’s recommendation #59!
Shout out to our friends at HDS and CAO for their dedication and years-long project management to make this happen!
Security Tip of the Month
When was the last time you reviewed your office’s phone guide? It’s always a good time to take a peek and refresh the information, especially with thousands of new interns on the Hill for the fall semester. In May, a man pled guilty to threatening to kill a Congressional staffer and to making more than 12,000 harassing phone calls to Members of Congress in 2022 and 2023.
Knowing who to call, when to alert office management, and how to respond quickly to a phone threat can be vitally important. Ensure these steps are part of the office’s handbook, are refreshed annually, and are shared throughout the year with new staff and interns.
Did you know that in April the Capitol Switchboard started tracking calls transferred to Member offices? This security improvement, recommended by the Select Committee on the Modernization of Congress, allows potentially threatening callers to be identified when needed by US Capitol Police.
Check out some more security best practices here.
The Comparative View - Inspiration from Parliaments Around the World
Dispatch from Brazil: AI and Procedural Rules
Brazil's Senate is testing an AI tool to help staff efficiently navigate procedural rules. The tool uses Retrieval Augmented Generation (RAG) to answer questions about points of order based on the Constitution, the Senate’s Rulebook, and existing procedural interpretations. For staffers, this tool could save time spent researching points of order, especially those from rules issued from 1971 to 2000, which are only available in lengthy PDFs. The plan is to first test with staffers working with the Senate's Steering Committee, including its president, in the coming months. We ran simulations of the tool to illustrate its functionalities.
Legislative Workforce in Australia
The Australian government is taking big steps to improve the working conditions and compensation for parliamentary staffers, with the creation of a new Parliamentary Standards Commission to enforce behavior codes and major pay and benefits upgrades, including:
an 11% pay raise,
travel stipend,
additional leave for religious or cultural obligations,
eighteen weeks of parental leave,
a bonus for staff who speak multiple languages, and
increased educational benefits.
For more news on international legislative experiences, please subscribe to our Modern Parliament (“ModParl”) newsletter.
Stay in the Game
You don’t need us to tell you how stressful your job can be. But did you know that regular exercise reduces the harmful effects of stress? Why not grab a workout buddy and head to the House Staff Fitness Center (at G2-24 RHOB) to burn off some steam and calories?
It’s good for your body and mind, and you might even get inspired with some creative solutions to what you’re working on as the endorphins kick in! Plus, regular exercise has a positive long-term effect of boosting your energy and stamina, all good things for staying healthy through the rest of the session and beyond.
Do you have a favorite self-care tip you’d like to share? Email us!
Shout Outs & Events
Two House-passed modernization bills would save taxpayer $$ (by ending mandatory printing of the Constitution Annotated) and improve CRS access to Executive branch data.
Taylor discussed the bills with Wake Up to Politics wunderkind, Gabe Fleishman.
Related: the Senate passed H.R. 7032 by unanimous consent to improve CBO's access to Executive branch data. It already passed the House and awaits President Biden’s signature.
A system leveraging all the data collected by Congress could serve as the digital foundation of a modern representative system, writes Lorelei Kelly.
After an aggressive brain disease affected her ability to speak, Rep. Jennifer Wexton [D, VA] became the first to use an AI-generated voice on the House floor debate in comments marking Disability Awareness Month.
The American Governance Institute, Demand Progress, and R Street Institute are hosting a cybersecurity training event for staff on September 23.
A group of conservative experts encourage Congress to strengthen CRS to build capacity in a post-Chevron policymaking era.
Modernization Subcommittee Chair Rep. Bice [R, OK] joined AEI’s Kevin Kosar’s “Understanding Congress” podcast to discuss how Congress can better prepare legislators to do their jobs.
Former Members of Congress argued in court for back pay, stating that a cap on Members’ COLA “unconstitutionally suppressed” their retirement earnings. (This case provides a good reminder that there have been recent advancements to the Member Representational Allowance to improve staff and intern pay.)
Congratulations to Daniel Schuman of the American Governance Institute on being named Chair to the General Service Administration's newly created Open Government Federal Advisory Committee!
Over in the Executive branch, 18F just updated its De-risking Government Technology Guide, which now includes detailed guidance about vendor management and more.
Learn how sci-fi inspires NATO’s long-term planning.
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About POPVOX Foundation
POPVOX Foundation is a 501(c)3 nonprofit organization with a mission to inform and empower people and make government work better for everyone. POPVOX Foundation is focused on ensuring that democratic institutions are equipped to address the “pacing problem” — the gap between emerging technologies and governance.
