The legislative calendar of the 118th Congress is closing, and the opportunity to enact bipartisan legislation is narrowing as November approaches. But one area of potential common ground is to strengthen Congress’s ability to access data and analyze information from federal agencies, a move that should help all lawmakers next year.
This year, a bipartisan coalition of House lawmakers, led by Rep. Stephanie Bice (R-Okla.), advanced the Modernizing the Congressional Research Service’s Access to Data Act through the House Committee on Administration by voice vote. The bill would strengthen the legislative support agency’s ability to obtain data and information from federal departments and agencies as it conducts nonpartisan research and analysis for members of Congress.
The Congressional Research Service received $133 million from Congress last year to help lawmakers and committees conduct legislative work. For congressional staff, CRS experts and reports provide an essential source of information when they are preparing information for members to consider legislation or when they are preparing for hearings. Data and information published by CRS are considered nonpartisan and trustworthy in committee meetings.
But federal agencies are not always fast to respond to requests for information from the CRS. The legislative support agency has explicit legislative authority to collect information on behalf of congressional committees, but not all offices, which leads to challenges requiring federal agencies to comply.
In the spring, Robert Newlen, the interim director of CRS, told the House Committee on Administration that they often face “roadblocks” from federal agencies, some of which consider CRS researchers to be like the media and can be dismissed. This results in stonewalling, delays to information being published, and “really difficult” interactions between agencies.
"CRS supports Congress in its legislative work, but the agency has no independent authority to extract information or data from the executive branch," notes Kevin Kosar, who was an analyst at the agency for more than a decade. "So CRS staff have to go hat-in-hand to agencies, which frequently ignore their requests or give them a boilerplate and not helpful response."
The Modernizing the Congressional Research Service’s Access to Data Act would update existing law to explicitly state that the director is “authorized to secure books, records, correspondence, memoranda, papers, documents, secure information, and other data in all forms directly from the various departments, agencies, and establishments of the executive branch,” and that information should be provided in a timely manner.
It’s common for federal agencies to ignore or resist many information requests from Congress, in part because such inquiries often involve politics. But as a nonpartisan research agency, CRS is not in the business of conducting politically motivated oversight. Its mission is collecting information and publishing facts for lawmakers, staff and the public about federal laws and programs. Ensuring that these researchers have access to timely, accurate and usable information should be a goal that all members of Congress support. As Bice reasoned: “In order to provide timely and accurate research and analysis to Congress, CRS needs quick and reliable access to data.”
Rep. Derek Kilmer (D-Wash.), described his reasoning for co-sponsoring the legislation: “My team and I utilize CRS regularly — and the legislative work I put forward is better because CRS engages with us. It matters that they have access to the federal data they need to do their job.”
Following the Supreme Court’s recent decision ending Chevron deference — the 40-year legal doctrine of deferring broadly to federal agencies to issue regulations interpreting statutes — Congress will face new responsibilities to write clearer laws that do not depend on extensive executive branch interpretation. Empowering legislative support agencies like CRS to collect more data and provide timely information and analysis would help Congress execute these renewed lawmaking responsibilities.
With the 119th Congress months away, lawmakers on both sides of the aisle and in each chamber can surely envision different outcomes following November. They can picture themselves serving in the minority and working with an opposition party in the White House, perhaps just as easily as imagining their party holding the reins of government. But at this unique moment when the future control of the government is uncertain, all lawmakers should recognize the value of strengthening the Congressional Research Service to help all members of Congress do their jobs better.
Dan Lips is head of policy at Foundation for American Innovation.
