CRS Congressional Research Service. The Library of Congress Washington, D.C. 20540-7000 CONGRESSIONAL POLICY CONCERNING THE The following discussion reviews congressional policy concerning distribution of CRS products to the public and addresses issues for consideration by the Congress in determining whether to alter current policy regarding public availability of various CRS products, such as Reports and Issue Briefs. As set forth below, CRS at present is precluded by law from general public distribution of its materials without prior approval by a congressional oversight committee. The Congress has actively exercised its oversight authority regarding CRS publication practices and has developed and promulgated standards to be applied in evaluating specific proposals. Current guidelines from the Joint Committee on the Library and other congressional bodies, issued in 1980, restrict the vast majority of CRS written products to congressional use and distribution to the public on a selective basis only. Many years of congressional consideration of this issue reveal serious concerns about the institutional and legal consequences likely to result from the wholesale direct public distribution of CRS products with a potentially large circulation (e.g., CRS Reports and Issue Briefs). POLICY I. BACKGROUND ON CURRENT CONGRESSIONAL At present, CRS is precluded by law from general public distribution of its materials without prior approval by one of its two congressional oversight committees. This restriction results from a limitation that has appeared in CRS' annual appropriations acts in each year since FY 1952. This provision reads as follows: "Provided, that no part of this appropriation may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Oversight or the Senate Committee on Rules and Administration." The most recent policy statement from Congress regarding the publication of CRS written products came in 1980. In a communication, dated March 21, 1980, the Joint Committee on the Library reaffirmed: "Congressional policy that the circulation of CRS materials prepared specifically for congressional use be limited to the Congress, and that the long-standing policy of confidentiality in the work of CRS for individual congressional clients should be maintained. We believe that, as in the past, CRS-3 CRS and its oversight committees should consider the publication of only those CRS products whose release to the general public would be compatible, both in terms of cost and product content, with the CRS's obligations to the Congress." The 1980 guidelines were developed subsequent to a 1978 proposal to CRS by the National Conference of State Legislatures (NCSL) under which CRS would have received access to the files of State research materials abstracted by the NCSL, and also would have had the opportunity to order copies of desired items for use in answering congressional inquiries. In return, CRS would have provided the NCSL with periodic listings of CRS Reports (called "multiliths" at that time) and with only one copy of those CRS Reports which the NCSL requested. Under this proposal the NCSL also would have gained access to certain files from the Library of Congress's SCORPIO system, including CRS Issue Briefs. On September 27, 1978, the Joint Committee on the Library held a hearing to consider the CRS-NCSL exchange proposal. At the hearing, the Committee concluded that any transmission of CRS material contained in SCORPIO to noncongressional users via computer terminal would constitute a "publication" and thus, under the terms of the language contained in CRS's annual appropriations legislation (noted above) would require the prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration. Moreover, members of the Joint Committee expressed serious reservations about any activity that might divert CRS resources and priorities from its statutory responsibilities to Congress. Finally, members of the Committee expressed the view that it was appropriate for Members of Congress, rather than CRS, to determine whether and to what extent various CRS products should be publicly disseminated. As a result, no action was taken to implement the proposed CRSNCSL exchange. The March 21, 1980 guidelines were followed later that month (March 27, 1980) by enactment of a Senate Resolution. (S. Res. 396, 96th Congress). The Senate resolved: "That it is the determination of the Senate that the communications of the Congressional Research Service to the members and committees of the Congress are under the custody and control of the Congress and may be released only by the Congress, its Houses, committees and members, in accordance with the rules and privileges of each House. "2 2 126 Cong. Rec. 6892 (March 27, 1980). This Senate Resolution directed the Senate Legal Counsel to represent the Senate and CRS in respect to a Federal Trade Commission administrative law judge's "sweeping subpoena (on behalf of oil companies involved in a FTC proceeding] to the Congressional Research Service for documents which discuss the oil industry and governmental policy in relation to k." Id. The Resolution stated that "the communications between the Congressional Research Service and the members and committees CRS-4 Senate Majority Leader Byrd, in introducing the Resolution, noted CRS' role in advising members and committees on legislative issues and that CRS "thereby provides a service to the Members and committees of Congress which is equivalent to that performed by the staffs of Members and committees." Over the years, and at the request of CRS, the Joint Committee on the Library has authorized a very limited number of CRS publications for broader distribution through depository libraries, the sales program of the Superintendent of Documents, and to the public through individual purchases. In addition, several CRS products are published as the result of specific statutory authorization: the Digest of General Public Bills and Resolutions_(Bill Digest); and three publications for which CRS has been given responsibility by the Librarian of Congress: the Constitution of the United States of America. Analysis and > Interpretation (Constitution Annotated); and the national high school and college debate topic manuals. With few exceptions, congressional offices are the exclusive source for distributing CRS Reports and Issue Briefs to the public. Member offices use CRS products to develop their own understanding of policy issues and options and to inform their constituents regarding these issues and options. The principles of representative government and of legislative accountability hold that representatives have an obligation to provide their constituents with the information and understanding required in order to exercise democratic citizenship; that is, the democratic idea that the authority of those who govern rests on the consent of those who are governed, calls for democratic consent to be fully informed and enlightened. It is well known, both in Washington, D.C. and by interested parties throughout the country, that constituents may obtain copies of CRS written products through a Member or Committee of Congress. In addition, congressional offices often respond directly to constituent requests for information on particular subjects by sending copies of CRS Reports and Issue Briefs. For example, during of the Congress are an integral part of the legislative process and privileged under the Speech or Debate Clause CRS-5 fiscal year 1996, 690,000 copies of CRS Reports and Issue Briefs were sent to congressional offices. Some percentage of these are sent on to constituents either because constituents asked for them specifically or as a means of answering constituent requests for information." Moreover, current technology now enables Members and Committees to make CRS products available to constituents in electronic format through congressional Homepages. Recent enhancements to the CRS Issue Brief system, initially released to Congress on the CRS Homepage and now available also through the new Legislative Information System, make CRS Issue Briefs available in World Wide Web format (HTML). This upgrade makes it easier for Members and Committees to add Issue Briefs to their own Homepages for their constituents to the extent such availability is deemed appropriate by Members and Committees. Selected CRS Reports are also available to the Congress electronically through the CRS Homepage. II. ISSUES ASSOCIATED WITH THE WHOLESALE RELEASE OF CRS PRODUCTS TO THE PUBLIC A. Institutional Issues The direct, wholesale dissemination by Congress of Reports and Issue Briefs would have significant effects on the policies, resources, and institutional culture that CRS utilizes in serving the Congress. First, CRS' mission is to support the Congress exclusively. Given its limited resources, CRS can undertake services to non-congressional entities (such as the public) only at the expense of direct support of the Congress. While the direct and indirect costs associated with disseminating Reports and Issue Briefs are difficult to estimate with precision, it is clear that significant resources would have to be diverted from congressional services. For example, with wider product distribution, particularly to users of the Internet/World Wide Web, CRS is more likely to get calls, comments, and requests for additions and changes that would place a burden on CRS analysts, distracting them from their work for Congress. In particular, outside parties may judge and question CRS papers on the basis of standards other than the standards CRS has developed to meet congressional needs (e.g., timeliness, non-partisanship, balance, objectivity). It is reasonable to anticipate that the volume of communications between CRS and the public, currently manageable, would rise substantially and affect the Service's ability to meet the needs of congressional requester. Any mechanisms developed by CRS 7 CRS has not undertaken to survey congressional offices to determine this precise percentage. |