Thursday, March 28, 2024

It's Complicated: Modernization Requires Legal Statute(s)

On March 20, 2024 the Modernization Subcommittee of the Committee on House Administration of the U.S. House of Representatives held a hearing entitled "Legislative Proposals to Support Modernizing the Congressional Research Service and the Use of Federal Data.” 

The Congressional Research Service, or CRS, serves as nonpartisan shared staff to congressional committees and Members of Congress. Since 1914, CRS has existed by law as a department of the Library of Congress and works directly for Congress. CRS gathers, synthesizes, and analyzes information and data to assist in the formation and enaction of legislation – from earliest bill drafting through oversight of implementation. The CRS approaches complex topics and policy issues with meticulous and comprehensive research, expert and diversified resources, confidential consultation, and a nonpartisan mindset. The statute empowering the CRS was last updated in 1970. 

Much of the information in CRS reports relies on data from the various Federal agencies which are under the authority of the Executive Branch of the government. Federal agencies are required by law to comply with a request for information by the CRS when the request has been authorized by a Congressional committee. 

The first bill before the subcommittee was a CRS request to be freed from the legal requirement to publish a print edition of the Constitution of the United States Analysis and Interpretation, also called Constitution Annotated or CONAN. In 1970 Congress passed a law requiring CRS to publish every 10 years annotations of all cases decided by the Supreme Court up to that date, with biennial cumulative updates. (Previous annotations had been published but not at regular intervals.) The last published edition cost $1 million to produce. However, since 2019, CRS has also maintained the Constitution Annotated website which is updated much more frequently. Eliminating the print edition of CONAN would free up time, personnel, and financial resources for the CRS. 

A second bill discussed in the subcommittee hearing addresses the need for CRS to have access to data produced by federal agencies. Although federal agencies must comply with a CRS request for information authorized by a committee, they do not have to legally comply with requests authorized by an individual member of Congress. This bill would also allow CRS on its own to request information when they anticipate a need for information. 

Other elements of modernization CRS is exploring at this time are presentation and use of data (use of visualizations, data dashboards, cloud based solutions, etc.) in their reports and implementation of AI.

To see the opening remarks of Mr. Robert Randolph Newlen, Interim Director, Congressional Research Service click here.

To see the opening remarks of witnesses (Ms. Elise Bean, Director, Washington Office, Carl Levin Center for Oversight & Democracy, Dr. Matthew Glassman, Senior Fellow, Government Affairs Institute, Georgetown University, and Dr. Nicholas Hart, President & CEO, Data Foundation) in support of the second bill click here.