Confidential Congressional Research to be Made Public

Americans pay $100 million a year for Congress to do research, which can assist in the creation of bills and policies, and now, because of legislation in the Senate Appropriations Committee, Americans may get access to the research.

As described on their website, the Congressional Research Service (CRS), a legislative branch within the Library of Congress, "works exclusively for the United States Congress, providing policy and legal analysis to committees and Members of both the House and Senate, regardless of party affiliation." The website goes on to explain that “CRS is well-known for analysis that is authoritative, confidential, objective and nonpartisan.”

In a press release by Senator Patrick Leahy of Vermont, the Vice Chairman of the Appropriations Committee, detailing his proposed legislation — the fiscal year 2018 Legislative Branch Appropriations Bill (FY18) — it requests that all non-confidential CRS reports be made "freely available to the public, schools and libraries across the country." Additionally, Leahy noted that “these reports are taxpayer funded and provide valuable information that should be made available to citizens.”

Reports in recent years have focused on Cuba, immigration, the Islamic State and the Affordable Care Act.

Known as Congress’s think tank, the CRS issues or updates over 3000 reports each year. These reports come from the CRS staff, which includes lawyers, economists, and social, natural and physical scientists. The CRS makes no legislative or policy recommendations— it strives to provide members of Congress with the best possible non-partisan information and analysis so they can make their own policy decisions.

Currently, CRS reports aren’t available to the taxpayers who funded them, but, according to Leahy’s website, "third-party for-profit companies often make them available to lobbyists for hefty subscription fees."

"A democracy depends on access to accurate information that informs a discussion of ideas. These reports are taxpayer funded and provide valuable information that should be made available to everyone--not exclusively to lobbyists and DC insiders."

There’s bipartisan, bicameral support for this measure. A proposal to release CRS reports to the public was included in the spending bill recently passed by the House. The legislation was introduced by Leonard Lance (R-NJ), who said:

"It is good public policy to allow educators, students, members of the news media and everyday citizens access to CRS' nonpartisan taxpayer-funded reports."

He continued with words that echoed across the aisle, and chambers:

"And it's time to put an end to the black market demand for these reports. Third-party companies like Amazon are selling these reports online, but the taxpayers already paid for the information. It's time we knock down the barriers to use it."

On the House side, making the CRS reports public would be paid for as part of the $16 million increase provided to the Library of Congress (for a total of $648 million).

Back in 2015, both lawmakers and members of the CRS voiced concerns about opening the reports to the public. At the time, Congressman Gregg Harper (R-MS) said that "you could argue both ways" about whether to release the reports. “You want to make sure [CRS] can speak openly and we can get the information we need. Now, do you want to release that to the public? That’s something that we’re still trying to work through."

The CRS also advised Congress that making their reports available to the public could have "potentially significant institutional and legal consequences for CRS and current congressional operations and practices."

According to rollcall.com, these concerns ranged from "from exposing CRS to legal liabilities to damaging the important relationship between the agency and its client base."

But the recent push to disseminate the CRS reports included a bipartisan group of 40 nonprofits and 25 former CRS employees.

Senator Leahy said he was glad to finally move the measure forward:

"I’m glad we’re one step closer to the high school student in Milton writing a paper, or the small business owner in Rutland concerned about health care, having access to the same information that I have when I vote on the Senate Floor."

Is it about time the CRS made its reports available to the public? Or were the concerns from 2015 valid?

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—Josh Herman

(Photo Credit: Wikimedia / Creative Commons)