FOIA Friday: The Equal Access to CRS Reports Act of 2016

Throughout the month of July, the Harris County Law Library is celebrating the 50th anniversary of the Freedom of Information Act. Accordingly, with today’s blog post, the Law Library is calling attention to an important piece of pending legislation, the Equal Access to CRS Reports Act of 2016, an initiative with broad support and strong endorsements from a coalition of 40 organizations, including the American Library Association. (Senate and House versions of the bill are available online.) This bipartisan initiative seeks to expand access to government information and to increase participation in the political process by establishing an electronic database of CRS materials for the benefit of the public good.

CRS Reports, an invaluable resource for lawmakers, are objective, nonpartisan issue briefs on pending legislation and other items of debate before Congress. They are produced by the Congressional Research Service, an agency whose staff includes more than 600 people and whose annual budget exceeds $100 million. The reports are not classified, yet, with few exceptions, they are not freely available to the public. Constituents may request the reports from congressional offices, but no central repository of CRS Reports is available in the public domain.  

In January of 2015, Representatives Leonard Lance (R) and Mike Quigley (D) introduced a measure that would direct the Congressional Research Service (CRS) to “develop and maintain a centralized, searchable, electronic database of CRS materials for public access.” In a letter to their Congressional colleagues, Representatives Lance and Quigley stated their case:

“Across the nation, citizens are deeply and passionately engaged in debates about the future of our country and the significant challenges we face at home and abroad.  However, as the public debate has become increasingly partisan and polarized, it is more important than ever for citizens to have full access to the same neutral, unbiased information that many of us rely on to help us formulate important decisions.  Opening CRS to the public will empower our constituents with vital information about key issues, policies and budgets.”

Until this or similar legislation is passed, the only public sources for CRS Reports are the websites of those who harvest the documents from incidental sources and make them available online. Aside from these private organizations, universities, and transparency advocates, however, which reporters and lobbyists often rely upon, the public has few other options.Today, on FOIA Friday, the Law Library is highlighting this potentially transformative legislation and the right of the American people to access the government information that drives our nation's democracy. 

Latest & Greatest – Strategic Legal Research

By Tobin A. Sparling

Published by Wolters Kluwer Law & Business (2015)

KF 240 .S63 2015

The Harris County Law Library is proud to feature the latest edition of Strategic Legal Research: Finding the Information You Need Efficiently and Cost-Effectively by Tobin A. Sparling, a Professor of Law at Houston College of Law (formerly South Texas College of Law). Sparling’s book stands out from other legal research resources in that he stresses a research methodology that focuses on thinking through the issue before jumping in and simply beginning the research. He suggests ten basic steps that will enable you to perform legal research more efficiently and economically. He identifies the advantages and disadvantages of various resources, such as print, in-house electronic, Bloomberg Law, and other internet research sources. Sparling also discusses the common features found in the major research databases like Lexis, Westlaw, and Bloomberg Law. The remainder of material in the book is dedicated to researching specific resources, such as statutes, court rules, administrative law, and nonlegal authority. Naturally, Sparling devotes some discussion to researching Texas materials and understanding the Texas legal system.

President Obama Signs the FOIA Improvement Act of 2016

In July of 1966, the Freedom of Information Act was signed into law by President Lyndon B. Johnson. This landmark bill expanded access to public records and paved the way for greater accountability in government activities. FOIA has seen many changes in the last 50 years, especially in the wake of the Watergate scandal and the 9/11 attacks. The digital age introduced additional considerations and changed the law substantially, and on June 30, 2016, the law was revised yet again when President Obama signed the FOIA Improvement Act of 2016. In addition to open records reform, the Obama administration announced several other initiatives including the creation of a consolidated request portal for all FOIA requests, and the development of a Chief FOIA Officers Council to chart a course for FOIA’s future. Please visit the Law Library Events page for more information and links to additional resources about this historic legislation. 

Latest & Greatest – Federal Information Disclosure

By James T. O’Reilly

Published by Thomson Reuters (2016)

KF 5753 .O74 2012

In conjunction with the Law Library’s celebration of the 50th Anniversary of the enactment of the Freedom of Information Act (FOIA), we are highlighting some resources that will enhance your understanding of the scope and limitations of FOIA. Sometimes referred to as the “Bible of FOIA,” Federal Information Disclosure answers many questions surrounding the public’s “right to know” and the issue of governmental transparency. From the origins of the Freedom of Information Act with its adoption in 1966 to its inevitable expansion with the Privacy Act (1974), the Federal Advisory Committee Act (1972), and the Government in the Sunshine Act (1976), the author examines all aspects of FOIA as well as court decisions interpreting its provisions. The author explains the procedural aspects of FOIA, including the content of a request, the processing of the request, and the search limitations involved with the requests and addresses FOIA litigation and aspects of judicial review, such as de novo review, summary judgment, and the myriad issues that may arise during this review process. He also discusses the nine statutory exemptions to FOIA and how the courts have routinely interpreted those exemptions.

The author wisely avoids the political facets of FOIA and its progeny by simply explaining the process behind the disclosure of government information and how the United States courts have interpreted the statute and have balanced the public’s “right to know” with the government’s desire from some level of secrecy. His book is meant to be “an essential tool” for the seeker of federal information.