Open Access News

News from the open access movement


Monday, May 18, 2009

More on OA to CRS

Sharing Congress’s Research, New York Times, May 11, 2009. An editorial.

The Congressional Research Service investigates important issues and produces detailed, well-written reports that are available to members of Congress but not the general public. A resolution has been introduced in the Senate to make these reports freely available online. It would be an important step forward for government openness, and it would narrow the information gap between Washington insiders and ordinary Americans. ...

A resolution sponsored by Senator Joseph Lieberman, independent of Connecticut, would require that the research service’s reports be posted on its Web site. The resolution makes an exception for information that is truly confidential. ...

For the resolution to become law, it needs to be passed by the Senate Rules Committee. Senator Charles Schumer, Democrat of New York and chairman of the panel, has not endorsed Mr. Lieberman’s resolution, but he is working on a plan that would make the research reports publicly available. However it happens, the reports should be put online for all Americans to access free.

Nancy Scola, What Scares CRS About Going Public, techPresident, May 12, 2009.

... CRS is calling in the FBI (!) to figure out how a cache of their reports got out onto the Interwebs. ...

But it's worth considering why CRS objects so strongly to a shift in its mission from a purely internal expert body to something with a public face. It's helpful to see CRS as it sees itself: a consigliere to Congress ...

An internal CRS memo a few years back argued that there were several very good reasons why the office didn't want to a more public role. The first: it's not about them. It's the job of Congress to actively engage with constituents; that's why MOCs get paid the big bucks. Inject CRS into the mix "threatens the dialog on policy issues between Members and their constituents that was envisioned by the Constitution." Beyond that, a more public CRS threatens confidentiality (though the Lieberman/McCain bill mitigates that concern somewhat by exempting reports specifically requested by congressional offices) and it runs the risk of queering the focus of CRS report writers so that they're tailoring their work for a public audience. And a whole new body of public work might possibly create a whole new raft of public questions about said work -- questions that have to be answered by either overstretched congressional offices or CRS itself.

There's a subtext, though, that is missing from the CRS memo (or at least the now-public parts of it). And that's that politicized expert agencies can sometimes have a tough time in the world of Congress. Expert agencies like CBO and GAO ferociously guard their images as independent arbiters of truth, which leads to classic GAO on-the-one-hand report titles like "Agency X is Doing a Good Job, But Room for Improvement Remains." (OMB is in a somewhat better position, having a powerful defender in their main client, a.k.a. the President of the United States.) Understandably, CRS is reluctant to stick its neck out into the public sphere ...

Open Government Advocates Urge the Senate to Improve Public Access to CRS Reports, press release, May 14, 2009.

Over 40 organizations and advocates concerned with government transparency signed on to a letter asking the Senate Rules Committee to hold public hearings on open government issues and to mark-up and pass a resolution by Senator Lieberman (I-CT), S.R. 118, that would improve public access to reports by the Congressional Research Service (CRS). The breadth of organizations supporting the letter, which was organized by the Center for Democracy and Technology (CDT) and OpenTheGovernment.org, reflects the importance of public access to CRS reports. ...

See also our past posts on CRS.