[House Report 118-631]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-631
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MODERNIZING THE CONGRESSIONAL RESEARCH SERVICE'S ACCESS TO DATA ACT
_______
August 16, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Steil, from the Committee on House Administration, submitted the
following
R E P O R T
[To accompany H.R. 7593]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 7593) to enhance the authority of the Director
of the Congressional Research Service to obtain information
directly from agencies of the Federal government, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Committee Action................................................. 10
Committee Consideration.......................................... 11
Committee Votes.................................................. 12
Statement of Constitutional Authority............................ 12
Committee Oversight Findings..................................... 12
Statement of Budget Authority and Related Items.................. 12
Congressional Budget Office Estimate............................. 12
Performance Goals and Objectives................................. 13
Duplication of Federal Programs.................................. 13
Advisory on Earmarks............................................. 13
Federal Mandates Statement....................................... 14
Advisory Committee Statement..................................... 14
Applicability to Legislative Branch.............................. 14
Section-by-Section Analysis...................................... 14
Changes in Existing Law as Reported.............................. 14
Purpose and Summary
H.R. 7593, Modernizing the Congressional Research Service's
Access to Data Act, introduced by Representative Stephanie Bice
(OK-05) and co-sponsored by Representative Derek Kilmer (WA-
06), Representative Mike Carey (OH-15), and Representative
Joseph Morelle (NY-25), grants CRS the authority to secure all
forms of records, information, and data directly from the
various departments, agencies, and establishments of the
executive branch, regulatory agencies, and commissions, as
necessary to carry out congressional requests. Consistent with
the Congressional Budget Office's statutory authority, the bill
requires CRS to maintain the same level of confidentiality for
such material as is required by law of the government entity
from which it is obtained and subjects CRS officers and
employees to the same statutory penalties for unauthorized
disclosure or use of such material as officers or employees of
the government entity from which it is obtained. H.R. 7593
updates CRS's statute to better reflect how Congress works
today and to ensure that CRS has timely access to the data and
information it needs to support Congress in its legislative and
representational duties.
Background and Need for Legislation
BACKGROUND
In 1914, Congress created the Legislative Reference Service
(LRS) to assist Members with their legislative duties. The
services provided by the LRS, which was established within the
Library of Congress, drew heavily from the emerging field of
library sciences and emphasized the collection and
dissemination of information.\1\ The LRS was renamed the
Congressional Research Service (CRS) in 1970 when Congress
passed the Legislative Reorganization Act (LRA).\2\ The LRA
aimed to reform a range of institutional procedures and to
strengthen Congress's analytical capacity. As such, the law
significantly expanded CRS's statutory obligations, updating
the agency's functions and objectives, and clarifying its
services and duties in support of Congress.\3\ While CRS's
mission to provide Congress with research, analysis,
information, and confidential consultation has remained
consistent since 1970, Congress has experienced significant
institutional change.
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\1\Brudnick, Ida A., The Congressional Research Service and the
American Legislative Process, Cong. Research Service (April 12, 2011),
RL33471.
\2\Stathis, Stephen W., CRS at 100: Informing the Legislative
Debate Since 1914, Cong. Research Serv. (2014) https://crs.gov/
products/Documents/crs100-book/pdf.
\3\Oleszek, Walter J., Congressional Reform: A Perspective, Cong.
Research Serv. (October 6, 2021) https://crs.gov/Reports/
R46933?source=search.
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When the LRA became law, the House was still very much a
committee-centered institution and the expanded authorities
granted to CRS reflect that time-specific context.\4\ One of
the LRA's primary objectives was to boost Congress's research
and analytical capacity and expanding CRS's authorities was key
to this effort.\5\ In order to fully support Congress in all
its legislative activities--including analysis, drafting, and
oversight--CRS would need access to federal data and
information. And because Congress's legislative activities were
centralized in committees, CRS's use of federal data and
information would be in service to the committees. The statute
was therefore drafted to establish that CRS's access to
``books, records, correspondence, memoranda, papers, and
documents as the Service considers necessary'' from federal
departments and agencies is limited to its work on behalf of
congressional committees.\6\ The statute sets forth additional
responsibilities for CRS, including assisting individual
Members and preparing information, reports, and research in
anticipation of requests from committees and Members, but it
only expressly authorizes CRS to request, and requires federal
departments and agencies to provide, data when a request is
authorized by a committee or when CRS acts as an agent of a
committee.\7\
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\4\See Glassman Testimony, Legislative Proposals to Support
Modernizing the Congressional Research Service and the Use of Federal
Data: Hearing Before the H. Comm. On Admin. Modernization Subcommittee,
118th Cong. (2024).
\5\Oleszek, Walter J., Congressional Reform: A Perspective.
\6\2 U.S.C. 166(d)(1).
\7\Id.
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Not long after passing the LRA, Congress took additional
steps to boost its analytical capabilities, this time in the
budgetary realm. With the passage of the Congressional Budget
Act in 1974, Congress reasserted its Article I ``power of the
purse'' authority and established procedures to prevent the
president, as well as other government officials, from ignoring
or replacing Congress's funding decisions with their own. The
Act also created the House and Senate Budget Committees, as
well as the Congressional Budget Office (CBO) to support the
work of the new budget committees and to provide Congress with
objective, nonpartisan information and analysis.\8\ Prior to
creating the CBO as its own budgetary resource, Congress had
relied on data provided by the president's Office of Management
and Budget.\9\
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\8\Glass, Andrew, Budget and Impoundment Control Act becomes law,
July 12, 1974, Politico (July 12, 2017) https://www.politico.com/story/
2017/07/12/budget-and-impoundment-control-act-becomes-law-july-12-1974-
240372.
\9\See Congressional Budget Office, History (last visited April 30,
2024) https://www.cbo.gov/about/history.
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Congress has experienced significant institutional changes
in the 54 years since CRS's statute, with its heavy emphasis on
supporting committees, was last substantively updated. While
committees remain essential in that they provide forums for
Members to learn, ask questions, and debate policy, individual
Members have appreciably stepped up their legislative and
representative activities. As the federal policy realm has
expanded and become more complex, Members are doing more work
on behalf of their constituents and relying more heavily on CRS
for information and support. It is as important today as it was
in 1970 that CRS has access to the federal data and information
it needs to service congressional committees. It is, however,
equally important that CRS has access to the federal data and
information it needs to carry out all of its duties and
functions, including on behalf of Members and in anticipation
of requests from committees and Members.
While each of the three legislative support agencies (CBO,
CRS, and GAO) have distinct missions, they are equally
important and necessary sources of expertise for Congress. CRS
assists Congress with every aspect of the legislative process,
CBO provides support with budgetary and economic policy, and
the Government Accountability Office (GAO) serves as Congress's
``watchdog,'' providing Congress with important oversight
capabilities as well as information and reports on improving
government operations and saving taxpayer dollars. Each agency
relies on access to federal data and information to support
Congress across its many activities, yet CRS's access
authorities are more limited in scope than those of its two
sister agencies.
Shortly after establishing the LRS in 1914, Congress
created GAO as part of the Budget and Accounting Act of 1921 to
examine the use of federal funds and to conduct investigations
as ordered by Congress. Notably, the Act directed federal
agencies to provide GAO with access to the information it
needed to conduct its work on behalf of Congress. Since 1921,
GAO's statutory authorities and responsibilities have been
expanded several times\10\ and today include:
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\10\GAO's powers have been expanded and affirmed primarily through
the Legislative Reorganization Act of 1970, the General Accounting
Office Act of 1980, and the GAO Access and Oversight Act of 2017. See
GAO's Agency Protocols (as of January 23, 2019) https://www.gao.gov/
assets/gao-19-55g.pdf.
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authority to investigate all matters related
to the receipt, disbursement, and use of federal
funds;\11\
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\11\31 U.S.C. Sec. 712.
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authority to evaluate the results of a
program or activity the government carries out under
existing law when requested by a committee of
jurisdiction, when mandated by either house of the
Congress, or on the initiative of the Comptroller
General;\12\ and
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\12\31 U.S.C. Sec. 717.
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authority to obtain access to a wide range
of agency records and information (including all
information GAO requires about an agencies' duties,
powers, activities, organization, and financial
transactions) and to enforce its access rights in
court.\13\
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\13\31 U.S.C. Sec. 716.
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CBO's organic statute, like GAO's, grants the agency
comprehensive data and information access authority, albeit
more limited than GAO's. In establishing CBO's relationship to
the executive branch, the statute states that ``(t)he Director
is authorized to secure information, data, estimates, and
statistics directly from the various departments, agencies, and
establishments of the executive branch of Government and the
regulatory agencies and commissions of the Government. All such
departments, agencies, establishments, and regulatory agencies
and commissions shall furnish the Director any available
material which he determines to be necessary in the performance
of his duties and functions (other than material the disclosure
of which would be a violation of law).\14\ The Director is also
authorized, upon agreement with the head of any such
department, agency, establishment, or regulatory agency or
commission, to utilize its services, facilities, and personnel
with or without reimbursement; and the head of each such
department, agency, establishment, or regulatory agency or
commission is authorized to provide the Office such services,
facilities, and personnel.''\15\
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\14\H.R. 7032, the Congressional Budget Office Data Sharing Act,
was introduced in the 118th Congress and passed the House under
suspension of the rules on April 29, 2024. The bill was received by the
Senate on April 30, 2024. The bill specifies that CBO is authorized to
obtain data from the executive branch with or without written agreement
if CBO maintains the same level of confidentiality that is required of
the agency that provides the data. In effect, the bill would amend
section 201(d) of the Budget Act to strike the parenthetical (other
than material the disclosure of which would be a violation of the
law.).
\15\2 U.S.C. Sec. 601(d).
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Though CBO was created just four years after the LRA made
significant updates to CRS's authorizing statute, its access to
department and agency information and data is not tied solely
to its work supporting congressional committees, despite the
agency's statutory mandate to support the work of the Senate
and House Budget Committees.
Since 1974, CBO's statutory authorities have been updated
several times. For example, the Unfunded Mandates Reform Act of
1995 requires CBO, at certain stages in the legislative
process, to assess the cost of mandates that would apply to
state, local, and tribal governments or to the private
sector.\16\ There have also been updates to CBO's
administrative authorities over the years, including an
amendment to the Director's pay in 2019,\17\ a statutory
requirement to protect executive branch data,\18\ the ability
to pay departing employees for their accrued annual leave,\19\
and the authority for senior level positions.\20\ Some of the
provisions governing how CBO prepares budget baselines have
also been modified since 1974.\21\
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\16\2 U.S.C. Sec. 1501.
\17\2 U.S.C. Sec. 601(a)(5).
\18\2 U.S.C. Sec. 603(e).
\19\2 U.S.C. Sec. 607.
\20\2 U.S.C. Sec. 6013.
\21\CBO Explains the Statutory Foundations of Its Budget Baseline,
Congressional Budget Office (May 25, 2023) https://www.cbo.gov/
publication/58955.
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As Congress has added to the responsibilities of both GAO
and CBO, it has also provided both agencies with some of the
additional tools and access authorities needed to carry out
additional work.\22\ Pairing extra responsibilities with extra
support helps ensure that the agencies are equipped to
effectively serve Congress as its analytical needs evolve.
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\22\Supra at note 16.
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Institutional changes have also forced the legislative
support agencies to informally adapt how they work to support
Congress.\23\ For example, CBO has shared that as legislation
has grown more complex, the agency has had to dedicate more
time to providing preliminary analysis and technical assistance
during the legislative drafting stage. CBO also shared that the
agency is increasingly asked to prepare cost estimates for
bills that are heading to the House floor without first being
marked up in committee. Similarly, GAO reports having to direct
more attention to contemporary issues like the $2.6 trillion
COVID response effort. GAO has also established a new science
and technology team to meet Congress's growing demand for
information on cutting-edge issues like artificial
intelligence.
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\23\See Kramer, Curtlyn Vital Stats: Congress has a staffing
problem too (May 24, 2017). Available at: https://www.brookings.edu/
articles/vital-stats-congress-has-a-staffing-problem-too/ (The
legislative support agencies have also had to adapt to significant cuts
in staffing levels. GAO, CBO, and CRS have lost 45 percent of their
combined staffs from 1975 to 2015).
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Like CBO and GAO, CRS has also adapted how it works to meet
the needs of an evolving Congress. As legislative activity has
become more dispersed, CRS's workload has shifted to include
significantly more requests from individual Member and other
non-committee offices. In Fiscal Year 2023, for example, CRS
responded to over 57,000 requests from individual Member and
other congressional offices.\24\ Demand for rapid analysis on
increasingly complex policy issues has also grown as bills are
more likely today to skip the committee process and go straight
to the House floor.\25\
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\24\See Newlen Questions for the Record, Legislative Proposals to
Support Modernizing the Congressional Research Service and the Use of
Federal Data: Hearing Before the H. Comm. On Admin. Modernization
Subcommittee, 118th Cong. (2024).
\25\Id.
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While all the legislative agencies are challenged to
provide Congress with rapid expert support, CRS is arguably
more hindered by its limited data and information access
authorities. Over the past two decades, according to CRS, the
agency has periodically discussed with its authorizing
committees the need to update its statute to expand its access
to federal data and information. The agency has also
periodically requested expanded data access authorities as part
of its annual budget request to Congress.\26\ And in the 112th
Congress, a bill was introduced ``to provide the Director of
the Congressional Research Service with the authority to obtain
information directly from agencies of the Federal Government,''
but it was not considered by the Committee.\27\ These various
efforts have highlighted a longstanding problem for CRS that
still exists today.
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\26\Fiscal 2024 Budget Justification, United States Library of
Congress, https://www.loc.gov/static/portals/about/reports-and-budgets/
documents/budgets/fy2024.pdf.
\27\H.R. 2571 (112th Congress).
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More recently, in the 117th Congress, the bipartisan Select
Committee on the Modernization of Congress\28\ (Select
Committee) held a hearing focused on modernizing the
legislative support agencies. The directors of GAO, CBO, and
CRS testified before the Select Committee on efforts to
modernize their agency operations, as well as their products
and services for Congress.\29\ Based on testimony received, the
Select Committee recommended examining legislative support
agency authorities to determine if they need to be updated. The
Select Committee also recommended enhancing support agency
access to federal data.\30\
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\28\H. Res. 6, 117th Congress (see section 201 creating the
Modernization Committee which continued with the 118th Congress).
\29\Modernizing the Congressional Support Agencies to Meet the
Needs of an Evolving Congress; Hearing before the Select Committee on
the Modernization of Congress, 117th Congress (2021).
\30\Final Report, Select Committee on Modernization of Congress
117th Congress, https://www.govinfo.gov/content/pkg/GPO-CRPT-
117hrpt646/pdf/GPO-CRPT-117hrpt646.pdf (See Recommendations 133, 140).
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The Committee on House Administration's Subcommittee on
Modernization, established in the 118th Congress for the
purpose of implementing the recommendations of the Select
Committee, held a hearing on April 26, 2023, to begin exploring
how to strengthen, improve, and modernize CRS.\31\ Using the
Select Committee's recommendations as a guidepost, Subcommittee
Members agreed that while CRS's statute requires a broader
overhaul in the long term, updating the agency's data access
authorities in the near term would improve its ability to
support Congress.
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\31\The Path Toward a More Modern and Effective Congressional
Research Service; Hearing Before the Committee on House Administration,
Subcommittee on Modernization, 118th Cong. (2024).
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The Subcommittee on Modernization held a follow-on hearing
on March 20, 2024, to examine the question of expanding CRS's
data access authorities and other matters.\32\ Elise J. Bean,
director of the Levin Center for Oversight and Democracy,
testified to the nearly century-long chain of Supreme Court
precedents that recognize the authority of Congress, and by
extension, the legislative support agencies, to gather
information. According to Ms. Bean:
\32\Legislative Proposals to Support Modernizing the Congressional
Research Service and the Use of Federal Data, available at https://
cha.house.gov/hearings?ID=91FE17EE-9EA9-446C-9FCF-032F5DAF9F78.
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The seminal case is McGrain v. Daugherty,\33\ an 8-0
opinion in which the Supreme Court held that ``the
power of inquiry--with process to enforce it--is an
essential and appropriate auxiliary to the legislative
function. . . . A legislative body cannot legislate
wisely or effectively in the absence of information.''
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\33\273 U.S. 135, 174-175 (1927).
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The Supreme Court has also held that ``[t]he power of
Congress to conduct investigations is inherent in the
legislative process,'' the congressional power to
obtain information is ``broad'' and ``indispensable,''
and ``[i]t is unquestionably the duty of all citizens
to cooperate with the Congress in its efforts to obtain
the facts needed for intelligent legislative
action.''\34\
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\34\Watkins v. United States, 354 U.S. 178, 187-188, 215 (1957).
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In 2020, the Supreme Court not only reaffirmed those
principles,\35\ but also cited precedent in holding:
`It is the proper duty of a representative body to look
diligently into every affair of government and to talk
much about what it sees. It is meant to be the eyes and
the voice, and to embody the wisdom and will of its
constituents. Unless Congress have and use every means
of acquainting itself with the acts and the disposition
of the administrative agents of the government, the
country must be helpless to learn how it is being
served.'\36\
\35\Trump v. Mazars USA, LLP, 591 U.S.__, 140 S. Ct. 2019, 2031,
2033 (2020).
\36\United States v. Rumely, 345 U.S. 41, 43 (1953).
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Ms. Bean testified that the 2020 Mazars opinion speaks
approvingly of Congress using ``every means'' to acquaint
itself ``with the acts and the disposition of the
administrative agents of the government'' to learn how the
country is being served. A common-sense interpretation of that
language, according to Ms. Bean, supports congressional use of
a body like CRS to obtain information from ``the administrative
agents of the government'' and is consistent with Supreme Court
and lower court precedents upholding the authority of GAO to
obtain information on behalf of Congress when acting pursuant
to an enabling statute.\37\
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\37\See Bean Questions for the Record, Legislative Proposals to
Support Modernizing the Congressional Research Service and the Use of
Federal Data: Hearing Before the H. Comm. On Admin. Modernization
Subcommittee, 118th Cong. (2024): See, e.g., Bowsher v. Merck & Co.,
Inc., 460 U.S. 824 (1983)(upholding--though narrowing--a GAO
information demand which was encouraged by two Senators and initiated
under statute to determine whether the government paid a fair price
under certain pharmaceutical contracts); United States v. McDonnell
Douglas Corp., 751 F.2d 220, 224-225 (8th Cir. 1984)(finding that GAO
``serves as an investigative and auditing arm of Congress'' and
upholding a GAO subpoena, authorized by statute, to ``gather
information [from a contractor] that would help Congress decide whether
public money has been used and expended economically and efficiently''
by the Department of Defense).
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Supreme Court precedent already affirms Congress's
authority to obtain information. Updating that authority to
reflect the way Congress has changed since 1970 is consistent
with how Congress, via the LRA, recognized the need to ensure
that CRS is equipped to support an evolving institution.
Supreme Court precedent also supports Congress's use of ``every
means'' to acquaint itself with actions taken by the
government, and upholds efforts by another legislative support
agency, GAO, to obtain information on Congress' behalf when
acting pursuant to statute. It follows that expanding CRS's
access authority--to include all its duties--to obtain federal
data and information on Congress' behalf falls squarely within
Congress's authority, as recognized by the Supreme Court, to
use ``every means'' to access the information it needs to serve
the American people.''\38\
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\38\Id.
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The Subcommittee also sought to understand some of the
specific access challenges that CRS has encountered. In
testimony before the Subcommittee, CRS Interim Director Robert
R. Newlen explained:
Generally, CRS has been successful in its ability to
secure the information that it needs from other federal
agencies through formal agreement or by way of the many
collegial relationships between CRS staff and agency
officials. There have been instances, however, when the
Service has encountered resistance from federal
agencies in providing needed information. Among the
responses to CRS information requests, agencies have
directed the Service to file Freedom of Information Act
(FOIA) requests; required disclosure of the
congressional office for whom the research is being
conducted (in violation of CRS's confidentiality
obligations); sought CRS's assurance that the
information will not be shared with third parties (a
potential conflict with CRS obligations to Congress);
restricted identification of the source of the
information; and delayed the response pending the
completion of lengthy administrative processes. In one
notable example, CRS has been attempting to procure two
data resources, critical to its research, since 2017.
In other instances, information requests are simply
ignored or denied, requiring the Service to inform the
congressional requestor that CRS is unable to secure
the information.\39\
\39\See Newlen Testimony, Legislative Proposals to Support
Modernizing the Congressional Research Service and the Use of Federal
Data: Hearing Before the H. Comm. On Admin. Modernization Subcommittee,
118th Cong. (2024).
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Former CRS analyst, Dr. Matthew Glassman, testified to
several instances where he was told point-blank by a federal
agency that he could not have the data he was requesting. In
other cases, he had to go back to the requesting Member of
Congress or congressional staffer and ask them to intervene
with the agency on his behalf. For Members or staff who wish to
keep their requests to CRS confidential, having to request data
on behalf of CRS defeats the purpose. Dr. Glassman explained
that when data is difficult or impossible to access, Congress
suffers the consequences:
To be clear, in most cases where I sought data from
the executive branch, I eventually was able to acquire
it. But the time it could take, the hassle of the
acquisition process, and the possibility of ultimately
not getting the data often led me to not even try, and
to seek other avenues for information and data to
fulfill the congressional request and support the
legislative process. For anticipatory reports, it
occasionally killed entire ideas. ``Wouldn't it be
great if we could do X?'' would often be met with,
``yeah, but we'd need to have Y and Z data, and that's
just going to be impossible to get.'' This preemptive
scuttling of potential analytical products is a
pernicious and mostly invisible second-order problem
with data access.\40\
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\40\See Glassman Testimony, Legislative Proposals to Support
Modernizing the Congressional Research Service and the Use of Federal
Data: Hearing Before the H. Comm. On Admin. Modernization Subcommittee,
118th Cong. (2024).
Mr. Newlen and Dr. Glassman also noted that CRS's current
statute, which requires federal agencies to share information
only when it is requested on behalf of or when CRS is acting as
an agent of a committee, does not reflect the contemporary
institutional landscape.\41\ Both were careful to state that
despite CRS's limited access authorities, analysts are
generally able to obtain the data and information they need by
working hard to develop professional relationships with agency
contacts. And both expressed confidence that relationship-
building would continue to be the default approach by which
analysts secure data and information. But in instances where
CRS has exhausted other means for obtaining the data and
information it needs to support the work of Congress, having
expanded statutory authorities to point to can boost the
agency's case for access.\42\ Expanded statutory authorities
might also be helpful when an analyst is denied data because
their longstanding agency or department contact left, or
because a new administration has put new appointees and
procedures in place that affect legislative support agency
access to data.
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\41\Id. and footnote 37.
\42\See Glassman Testimony, Legislative Proposals to Support
Modernizing the Congressional Research Service and the Use of Federal
Data: Hearing Before the H. Comm. On Admin. Modernization Subcommittee,
118th Cong. (2024).
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Perhaps most importantly, broader access to data and
information would improve the quality and scope of the products
and services CRS provides for Congress. As Dr. Glassman
testified: ``high-quality policy research and analysis requires
data. It is the lifeblood of objective consideration and the
basis of informed analysis. An institution such as CRS can only
be as good as its ability to access the necessary data to
conduct its mission.''\43\
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\43\Id.
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NEED FOR LEGISLATION
Requiring agencies and departments to comply with CRS
requests for information and data in the performance of all
their duties, and not just those related to committees, would
meaningfully improve the agency's ability to deliver timely
research and analysis to Congress. Removing the limitations and
procedural hurdles required under its current, outdated statute
would also bring CRS's access authorities more closely in line
with those of its two sister agencies, better equipping CRS to
fulfill its statutory obligation to support Congress.
CRS's current statute states that federal departments and
agencies shall comply with requests for ``books, records,
correspondence, memoranda, papers, and documents as the Service
considers necessary . . .'' so that the Service can assist
congressional committees.\44\ Because the kinds of information
and data that agencies and departments produce today is
remarkably different from what was produced in 1970, the
categories of material that CRS can request from agencies and
departments also needs to be updated to include information and
data in all forms. Broadening the categories of information
that CRS can access better aligns the agency's access
authorities with those of its sister agencies.
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\44\2 U.S.C. Sec. 166(d)(1).
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Updating CRS's statute with language requiring the CRS
Director to maintain the same level of confidentiality as is
required by law of the department, agency, establishment, or
regulatory agency or commission from which the data is
obtained, and subjecting CRS officers and employees to the same
statutory penalties for unauthorized disclosure or use as
officers or employees of the department, agency, establishment,
or regulatory agency or commission from which the data is
obtained, would align CRS with CBO's data access
confidentiality requirements.\45\ Establishing sufficient
``custody of information'' audit trails will also ensure that
CRS can trace when data or information was requested, who
requested it, and when it was received. Taken together, these
measures will help validate CRS's requests and streamline its
work on behalf of Congress.
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\45\CBO is bound by the confidentiality language in 2 U.S.C.
Sec. 603.
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It is also important to note that under CRS's current
information and data access provisions, the agency works with
committee staff to determine appropriate request parameters
before reaching out to a federal agency or department with a
request. And when CRS requests information or data for
anticipatory purposes or to inform or update its general
distribution products, the agency first engages in an internal
consultation process to ensure that requests are properly
scoped and tailored. Maintaining these guardrails around its
requests helps CRS properly evaluate the potential ways that
data and information might be used. For example, because CRS is
sensitive to central bank independence, it would refrain from
requests that may be construed as threatening the independence
of federal monetary policy. CRS's long-established record of
not making inappropriate or unduly expansive information and
data requests reflects the agency's strict adherence to its
statutory mandate to advise and assist Congress, without
partisan bias. These protocols will not change under H.R. 7593.
CRS serves as support staff to congressional committees and
Members of Congress, assisting at every stage of the
legislative process--from the early considerations that precede
bill drafting, through committee hearings and floor debate, to
the oversight of enacted laws and various agency
activities.\46\ For CRS to continue fulfilling this essential
support role, Congress must pass legislation updating its
authorizing statute.
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\46\See About CRS (last visited May 6, 2024) https://www.loc.gov/
crsinfo/about/.
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Committee Action
INTRODUCTION AND REFERRAL
On March 8, 2024, Representative Stephanie Bice (OK-05),
Chairwoman of the Committee on House Administration's
Subcommittee on Modernization, joined by Representative Derek
Kilmer (WA-06), Representative Mike Carey (OH-15), and
Representative Joseph Morelle (NY-25), introduced H.R. 7593,
Modernizing the Congressional Research Service's Access to Data
Act. The bill was referred to the Committee on House
Administration on March 8, 2024, and to the Committee on House
Administration's Subcommittee on Modernization on March 11,
2024.
HEARINGS
For the purposes of clause 3(c)(6)(A) of House rule XIII,
in the 118th Congress, the Subcommittee on Modernization held
two Subcommittee hearings that explored the need for expanded
data access authority as set forth in H.R. 7593.
1. On April 26, 2023, the Subcommittee on
Modernization held a hearing titled, ``The Path Toward
a More Modern and Effective Congressional Research
Service.'' The hearing focused on CRS's leadership and
strategic goals and how CRS can best meet the needs of
a modern Congress, including by incorporating
technology to better advise and assist Congress. The
hearing was a first step in a longer-term process of
strengthening and improving the agency to meet the
needs of an evolving Congress. The Subcommittee heard
testimony from Dr. Mary B. Mazanec, CRS Director,
Joseph Dunne, Director of the European Parliament
Liaison Office in Washington, D.C., and formerly a
Director in the European Parliamentary Research
Service, Richard Coffin, Chief of Research and Advocacy
at USA Facts, and Kevin Kosar, Senior Fellow of Legal
and Constitutional Studies at American Enterprise
Institute.\47\
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\47\The Path Toward a More Modern and Effective Congressional
Research Service: Hearing Before the Subcommittee on Modernization,
118th Cong. (2023).
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2. On March 20, 2024, the Subcommittee on
Modernization held a legislative hearing titled,
``Legislative Proposals to Support Modernizing the
Congressional Research Service and the Use of Federal
Data.'' The purpose of the hearing was to receive
testimony on three measures referred to the
Subcommittee: H.R. 7592, To Direct the Librarian of
Congress to promote the more cost-effective, efficient,
and expanded availability of the Annotated Constitution
and pocket-part supplements by replacing the hardbound
versions with digital versions; H.R. 7593, the
Modernizing the Congressional Research Service's Access
to Data Act and; H. Con. Res. 49, the Congressional
Evidence-Based Policymaking Resolution. The
Subcommittee heard testimony from Robert Newlen, CRS
Interim Director, Elise J. Bean, Director, Washington
Office, Carl Levin Center for Oversight and Democracy
at Wayne State University Law School, Dr. Matthew
Glassman, Senior Fellow, Government Affairs Institute
at Georgetown University, and Dr. Nicholas Hart,
President and CEO, Data Foundation.\48\
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\48\Legislative Proposals to Support Modernizing the Congressional
Research Service and the Use of Federal Data: Hearing Before the
Subcommittee on Modernization, 118th Cong. (2024).
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Committee Consideration
On April 11, 2024, the Subcommittee on Modernization met in
open session and ordered the bill, H.R. 7593, Modernizing the
Congressional Research Service's Access to Data Act, reported
favorably to the Committee on House Administration, by voice
vote, a quorum being present.
On April 30, 2024, the Committee on House Administration
met in open session and ordered the bill, H.R. 7593,
Modernizing the Congressional Research Service's Access to Data
Act, reported favorably to the House of Representatives, by
voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following vote occurred during the Committee's consideration of
H.R. 7593:
1. Vote to report H.R. 7593 favorably to the House of
Representatives, passed by voice vote.
Statement of Constitutional Authority
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 18--``To make
all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all
other Powers vested by thisConstitution in the
Government of the United States, or in any Department or Officer
thereof.\49\
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\49\U.S. Const. art. I, Sec. 8, cl. 18.
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Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
Statement of Budget Authority and Related Items
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(I) of the
Congressional Budget Act of 1974, the Committee provides the
following opinion and estimate with respect to new budget
authority, entitlement authority, and tax expenditures. In the
opinion of the Committee, H.R. 7593 provides no new budget
authority nor has any effect on budget outlays, revenues, or
tax expenditures.
Congressional Budget Office Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was
received and included in the report materials. The Chairman of
the Committee shall cause such an estimate to be printed in the
Congressional Record if it is received by the Committee.
H.R. 7593 would amend the Legislative Reorganization Act of
1946 to clarify and strengthen the ability of the Congressional
Research Service (CRS) to access data from the executive
branch. The bill would require CRS to continue to maintain the
same level of confidentiality for the data as the agency that
provides the data. Under current law, CRS generally has access
to information from the executive branch; however, questions
about the extent of their authority can delay the timing of
that access.
Because H.R. 7593 would primarily clarify CRS's ability to
access and its need to protect executive branch data, CBO
estimates that implementing H.R. 7593 would have no significant
effect on federal spending. Any related spending would be
subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Performance Goals and Objectives
The performance goals and objectives of H.R. 7593 are to
expand CRS's data access authority to strengthen the agency's
ability to request and receive timely information and data in
order to support Congress in its legislative, oversight, and
representative duties.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 7593 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 7593
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House rule XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was received and included in the
report materials. The Chairman of the Committee shall cause
such an estimate to be printed in the Congressional Record if
it is received by the Committee.
Advisory Committee Statement
H.R. 7593 does not establish or authorize any new advisory
committees.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis
Section 1. Short title
This section provides that H.R. 7593 may be cited as the
``Modernizing the Congressional Research Service's Access to
Data Act.''
Section 2. Access of Congressional Research Service to government
information
This section amends Section 203 of the Legislative
Reorganization Act of 1946 (2 U.S.C. 166) to grant CRS the
authority to secure all forms of records, information, and data
directly from the various departments, agencies, and
establishments of the executive branch, regulatory agencies,
and commissions, as necessary to carry out congressional
requests.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
LEGISLATIVE REORGANIZATION ACT OF 1946
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TITLE II--MISCELLANEOUS
Part 1--Statutory Provisions Relating to Congressional Personnel
* * * * * * *
congressional research service
Sec. 203. (a) The Legislative Reference Service in the
Library of Congress is hereby continued as a separate
department in the Library of Congress and is redesignated the
``Congressional Research Service''.
(b) It is the policy of Congress that--
(1) the Librarian of Congress shall, in every
possible way, encourage, assist, and promote the
Congressional Research Service in--
(A) rendering to Congress the most effective
and efficient service,
(B) responding most expeditiously,
effectively, and efficiently to the special
needs of Congress, and
(C) discharging its responsibilities to
Congress; and
(2) the Librarian of Congress shall grant and accord
to the Congressional Research Service complete research
independence and the maximum practicable administrative
independence consistent with these objectives.
(c)(1) After consultation with the Joint Committee on the
Library, the Librarian of Congress shall appoint the Director
of the Congressional Research Service. The Director shall be
compensated at the greater of the rate of pay in effect for
level III of the Executive Schedule under section 5314 of title
5 or the maximum annual rate of basic pay payable under section
5376 of such title for positions at agencies with a performance
appraisal system certified under section 5307(d) of such title.
(2) The Librarian of Congress, upon the recommendation of the
Director, shall appoint a Deputy Director of the Congressional
Research Service and all other necessary personnel thereof. The
basic pay of the Deputy Director shall be fixed in accordance
with chapter 51 (relating to classification) and section 5376
of title 5, United States Code. The basic pay of all other
necessary personnel of the Congressional Research Service shall
be fixed in accordance with chapter 51 (relating to
classification) and subchapter III (relating to General
Schedule pay rates) of chapter 53 of title 5, except that--
(A) the grade of Senior Specialist in each field
within the purview of subsection (e) of this section
shall not be less than the highest grade in the
executive branch of the Government to which research
analysts and consultants, without supervisory
responsibility, are currently assigned; and
(B) the positions of Specialist and Senior Specialist
in the Congressional Research Service may be classified
above GS-15 in accordance with section 5108(c) of title
5, United States Code, and the rate of basic pay for
such positions may be fixed in accordance with section
5376 of such title, subject to the prior approval of
the Joint Committee on the Library.
(3) Each appointment made under paragraphs (1) and (2) of
this subsection and subsection (e) of this section shall be
without regard to the civil service laws, without regard to
political affiliation, and solely on the basis of fitness to
perform the duties of the position.
(d) It shall be the duty of the congressional research
service, without partisan bias--
(1) upon request, to advise and assist any committee
of the Senate or House of Representatives and any joint
committee of Congress in the analysis, appraisal, and
evaluation of legislative proposals within that
committee's jurisdiction, or of recommendations
submitted to Congress, by the President or any
executive agency, so as to assist the committee in--
(A) determining the advisability of enacting
such proposals;
(B) estimating the probable results of such
proposals and alternatives thereto; and
(C) evaluating alternative methods for
accomplishing those results;
and, by providing such other research and analytical
services as the committee considers appropriate for
these purposes, otherwise to assist in furnishing a
basis for the proper evaluation and determination of
legislative proposals and recommendations generally;
[and in the performance of this duty the Service shall
have authority, when so authorized by a committee and
acting as the agent of that committee, to request of
any department or agency of the United States the
production of such books, records, correspondence,
memoranda, papers, and documents as the Service
considers necessary, and such department or agency of
the United States shall comply with such request;] and
further, in the performance of this and any other
relevant duty, the Service shall maintain continuous
liaison with all committees;
(2) to make available to each committee of the Senate
and House of Representatives and each joint committee
of the two Houses, at the opening of a new Congress, a
list of programs and activities being carried out under
existing law scheduled to terminate during the current
Congress, which are within the jurisdiction of the
committee;
(3) to make available to each committee of the Senate
and House of Representatives and each joint committee
of the two Houses, at the opening of a new Congress, a
list of subjects and policy areas which the committee
might profitably analyze in depth;
(4) upon request, or upon its own initiative in
anticipation of requests, to collect, classify, and
analyze in the form of studies, reports, compilations,
digests, bulletins, indexes, translations, and
otherwise, data having a bearing on legislation, and to
make such data available and serviceable to committees
and Members of the Senate and House of Representatives
and joint committees of Congress;
(5) upon request, or upon its own initiative in
anticipation of requests, to prepare and provide
information, research, and reference materials and
services to committees and Members of the Senate and
House of Representatives and joint committees of
Congress to assist them in their legislative and
representative functions;
(6) to prepare summaries and digests of bills and
resolutions of a public general nature introduced in
the Senate or House of Representatives;
(7) upon request made by any committee or Member of
the Congress, to prepare and transmit to such committee
or Member a concise memorandum with respect to one or
more legislative measures upon which hearings by any
committee of the Congress have been announced, which
memorandum shall contain a statement of the purpose and
effect of each such measure, a description of other
relevant measures of similar purpose or effect
previously introduced in the Congress, and a recitation
of all action taken theretofore by or within the
Congress with respect to each such other measure;
(8) to develop and maintain an information and
research capability, to include Senior Specialists,
Specialists, other employees, and consultants, as
necessary, to perform the functions provided for in
this subsection; and
(9) to comply with the requirements of, and provide
information and technological assistance consistent
with, section 124 of the Legislative Branch
Appropriations Act, 2018.
(e) The Librarian of Congress is authorized to appoint in the
Congressional Research Service, upon the recommendation of the
Director, Specialists and Senior Specialists in the following
broad fields:
(1) agriculture;
(2) American government and public administration;
(3) American public law;
(4) conservation;
(5) education;
(6) engineering and public works;
(7) housing;
(8) industrial organization and corporation finance;
(9) international affairs;
(10) international trade and economic geography;
(11) labor and employment;
(12) mineral economics;
(13) money and banking;
(14) national defense;
(15) price economics;
(16) science;
(17) social welfare;
(18) taxation and fiscal policy;
(19) technology;
(20) transportation and communications;
(21) urban affairs;
(22) veterans' affairs; and
(23) such other broad fields as the Director may
consider appropriate.
Such Specialists and Senior Specialists, together with such
other employees of the Congressional Research Service as may be
necessary, shall be available for special work with the
committees and Members of the Senate and House of
Representatives and the joint committees of Congress for any of
the purposes of subsection (d) of this section.
(f) The director is authorized--
(1) to classify, organize, arrange, group, and
divide, from time to time, as he considers advisable,
the requests for advice, assistance, and other services
submitted to the Congressional Research Service by
committees and Members of the Senate and House of
Representatives and joint committees of Congress, into
such classes and categories as he considers necessary
to--
(A) expedite and facilitate the handling of
the individual requests submitted by Members of
the Senate and House of Representatives,
(B) promote efficiency in the performance of
services for committees of the Senate and House
of Representatives and joint committees of
Congress, and
(C) provide a basis for the efficient
performance by the Congressional Research
Service of its legislative research and related
functions generally, and
(2) to establish and change, from time to time, as he
considers advisable, within the Congressional Research
Service, such research and reference divisions or other
organizational units, or both, as he considers
necessary to accomplish the purposes of this section.
(g) The Director of the Congressional Research Service will
submit to the Librarian of Congress for review, consideration,
evaluation, and approval, the budget estimates of the
Congressional Research Service for inclusion in the Budget of
the United States Government.
(h)(1) The Director of the Congressional Research Service may
procure the temporary or intermittent assistance of individual
experts or consultants (including stenographic reporters) and
of persons learned in particular or specialized fields of
knowledge--
(A) by nonpersonal service contract, without regard
to any provision of law requiring advertising for
contract bids, with the individual expert, consultant,
or other person ooncerned, as an independent
contractor, for the furnishing by him to the
Congressional Research Service of a written study,
treatise, theme, discourse, dissertation, thesis,
summary, advisory opinion, or other end product; or
(B) by employment (for a period of not more than one
year) in the Congressional Research Service of the
individual expert, consultant, or other erson
concerned, by personal service contract or otherwise,
wit R out regard to the position classification laws,
at a rate of pay not in excess of the per diem
equivalent of the highest rate of basic pay then
currently in effect for the General Schedule of section
5332 of title 5, United States Code, including payment
of such rate for necessary travel time.
(2) The Director of the Congressional Research Service may
procure by contract, without regard to any provision of law
requiring advertising for contract bids, the temporary (for
respective periods not in excess of one year) or intermittent
assistance of educational, research, or other organizations of
experts and consultants (including stenographic reporters and
of educational, research, and other organizations of persons
earned in particular or specialized fields of
(i) The Director of the Congressional Research Service shall
prepare and file with the Joint Committee on the Library at the
beginning of each regular session of Congress a separate and
special report covering, in summary and in detail, all phases
of activity of the Congressional Research Service for the
immediately preceding fiscal year, and shall include in the
report a description of the efforts made by the Director to
make additional Congressional Research Service products that
are not confidential products or services available to the
Librarian of Congress for publication on the website
established and maintained under section 124 of the Legislative
Branch Appropriations Act, 2018.
(j)(1) In carrying out the duties and functions of the
Congressional Research Service under subsection (d), 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 of the Government and the regulatory agencies
and commissions of the Government as the Director determines to
be necessary to carry out the request, and all such
departments, agencies, establishments, and regulatory agencies
and commissions shall furnish the Director with all such
available material in a timely manner.
(2) With respect to books, records, correspondence,
memoranda, papers, documents, secure information, and other
data in all forms obtained under paragraph (1), the Director
shall maintain the same level of confidentiality as is required
by law of the department, agency, establishment, or regulatory
agency or commission from which it is obtained. Officers and
employees of the Congressional Research Service shall be
subject to the same statutory penalties for unauthorized
disclosure or use as officers or employees of the department,
agency, establishment, or regulatory agency or commission from
which it is obtained.
[(j)] (k) There are hereby authorized to be appropriated to
the Congressional Research Service each fiscal year such sums
as may be necessary to carry on the work of the Service.
* * * * * * *