2 U.S.C. § 166a — Equal access to Congressional Research

Page 83 TITLE 2—THE CONGRESS § 166a former subsec. (a), and in revising the provision, added pars. (2), (3), (5), (7), and (8), substituted ‘‘Congressional Research Service’’ for ‘‘Legislative Reference Service’’, reenacted introductory ‘‘without partisan bias’’ provi- sion of former cl. (2), incorporated in par. (1) former cl. (1), substituting ‘‘proposals within that committee’s ju- risdiction’’ for ‘‘proposals pending before it’’ and ‘‘oth- erwise to assist in furnishing a basis for the proper evaluation and determination of legislative proposals and recommendations generally’’ for ‘‘otherwise to as- sist in furnishing a basis for the proper determination of measures before the committee’’, added subpars. (A) to (C), provision for assistance by providing other re- search and analytical services, authorization for pro- duction of books, records, etc., compliance with request for such production, and maintenance of liaison with all committees, incorporated in par. (4) former cl. (2), substituting ‘‘collect’’ for ‘‘gather’’ and including anal- ysis in form of studies and reports, and making data available to joint committees, and incorporated in par. (6) former cl. (3), omitting provision respecting sum- maries and digests of public hearings before commit- tees of Congress. Subsec. (e). Pub. L. 91–510 incorporated in provisions added as subsec. (e) provisions of former subsec. (b)(2), and in revising them, in introductory text, substituted ‘‘Congressional Research Service’’ for ‘‘Legislative Ref- erence Service’’ and authorized appointments ‘‘upon the recommendation of the Director’’, including Spe- cialists; provided numerical item designations for broad fields listed in prior paragraph in run-on form, added fields of national defense, science, technology, urban affairs, and other broad fields as deemed appro- priate by the Director in items (14), (16), (19), (21), and (23), and combined separate fields of ‘‘full employment’’ and ‘‘labor’’ in ‘‘labor and employment’’ in item (11); and in last sentence, included Senior Specialists and substituted ‘‘such other employees of the Congressional Research Service’’ for ‘‘such other members of the staff’’ and ‘‘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’’ for ‘‘special work with the appropriate committees of Congress for any of the purposes set out in subsection (a)(1) of this section’’. Subsecs. (f) to (i). Pub. L. 91–510 added subsecs. (f) to (i). Subsec. (j). Pub. L. 91–510 incorporated in provisions added as subsec. (j) appropriations authorization of sec- tion 203(c) of Act Aug. 2, 1946, which had also provided $550,000, $650,000, and $750,000, for fiscal years ending June 30, 1947, 1948, and 1949, respectively. 1949—Subsec. (b)(1). Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–141 effective 90 days after the date on which the Librarian of Congress submits the certification described in section 166a(f)(2)(B) of this title, with delay permitted for technical difficul- ties, see section 166a(f) of this title. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–57 applicable with respect to the first pay period which begins on or after Sept. 29, 1999 and each subsequent pay period, see section 209(c) of Pub. L. 106–57, set out as a note under section 136a–2 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment of provisions, other than enactment of subsecs. (d)(2), (3) and (i) of this section, and enactment of subsecs. (d)(2), (3) and (i) by Pub. L. 91–510 effective immediately prior to noon on Jan. 3, 1971, at the close of the first session of the Ninety-second Congress, and with respect to fiscal years beginning on or after July 1, 1970, respectively, see section 601(1), (3), and (4) of Pub. L. 91–510, set out as a note under section 4301 of this title. EFFECTIVE DATE Section effective Aug. 2, 1946, see section 245 of act Aug. 2, 1946, set out as a note under section 4301 of this title. REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. COMPENSATION OF DIRECTOR OF CONGRESSIONAL RESEARCH SERVICE Pub. L. 105–275, title I, Oct. 21, 1998, 112 Stat. 2444, which provided that the compensation of the Director of the Congressional Research Service, Library of Con- gress, was to be at an annual rate equal to the annual rate of basic pay for positions at level IV of the Execu- tive Schedule under section 5315 of title 5, was from the Legislative Branch Appropriations Act, 1999, and was not repeated in subsequent appropriations acts. Similar provisions were contained in the following prior appro- priation acts: Pub. L. 105–55, title I, Oct. 7, 1997, 111 Stat. 1190. Pub. L. 104–197, title I, Sept. 16, 1996, 110 Stat. 2406. Pub. L. 104–53, title I, Nov. 19, 1995, 109 Stat. 529. Pub. L. 103–283, title I, July 22, 1994, 108 Stat. 1435. Pub. L. 103–69, title I, Aug. 11, 1993, 107 Stat. 703. Pub. L. 102–392, title I, Oct. 6, 1992, 106 Stat. 1715. Pub. L. 102–90, title I, Aug. 14, 1991, 105 Stat. 460. Pub. L. 101–520, title I, Nov. 5, 1990, 104 Stat. 2269. Pub. L. 101–163, title I, Nov. 21, 1989, 103 Stat. 1057. Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2171. Pub. L. 100–202, § 101(i) [title I], Dec. 22, 1987, 101 Stat. 1329–290, 1329–303. Pub. L. 99–500, § 101(j) [H.R. 5203, title I], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(j), Oct. 30, 1986, 100 Stat. 3341–287. Pub. L. 99–151, title I, Nov. 13, 1985, 99 Stat. 802. Pub. L. 98–367, title I, July 17, 1984, 98 Stat. 484. § 166a. Equal access to Congressional Research Service Reports (a) Definitions (1) CRS product In this section, the term ‘‘CRS product’’ means any final written work product of CRS containing research or analysis in any format that is available for general congressional ac- cess on the CRS Congressional Intranet. (2) CRS Report (A) In general In this section, the term ‘‘CRS Report’’ means any written CRS product, including an update to a previous written CRS prod- uct, consisting of— (i) a Congressional Research Service Re- port; or (ii) a Congressional Research Service Au- thorization of Appropriations Product and Page 84 TITLE 2—THE CONGRESS § 166a 1 See References in Text note below. Appropriations Product, which is available for general congressional access on the CRS Congressional Intranet. (B) Exclusions The term ‘‘CRS Report’’ does not include— (i) any CRS product that is determined by the CRS Director to be a confidential product or service because it was prepared in response to a congressional request or requests for confidential analysis or re- search and is not available for general con- gressional access on the CRS Congres- sional Intranet; (ii) any Congressional Research Service Report or any Congressional Research Service Authorization of Appropriations Product and Appropriations Product re- ported or produced before the effective date of this Act which, as of such effective date, is not available for general congres- sional access on the CRS Congressional Intranet; or (iii) a written CRS product that has been made available by CRS for publication on a public website maintained by the GPO Director (other than the Website) or the Library of Congress. (3) Other definitions In this section— (A) the term ‘‘CRS’’ means the Congres- sional Research Service; (B) the term ‘‘CRS Congressional Intranet’’ means the Website maintained by CRS at www.crs.gov, or a successor website, for the purpose of providing to Members and employees of Congress access to information from CRS; (C) the term ‘‘CRS Director’’ means the Director of CRS; (D) the term ‘‘Librarian of Congress’’ means the Librarian of Congress appointed pursuant to 2 U.S.C. 136–1; 1 (E) the term ‘‘Member of Congress’’ in- cludes a Delegate or Resident Commissioner to Congress; and (F) the term ‘‘Website’’ means the website established and maintained under subsection (b). (b) Availability of CRS Reports through Library of Congress Website (1) Website (A) Establishment and maintenance The Librarian of Congress, in consultation with the CRS Director, shall establish and maintain a public website containing CRS Reports and an index of all CRS Reports con- tained on the website, in accordance with this subsection. (B) Format On the Website, CRS Reports shall be searchable, sortable, and downloadable, in- cluding downloadable in bulk. (C) Free access Notwithstanding any other provision of law, the Librarian of Congress may not charge a fee for access to the Website. (2) Updates; disclaimer The Librarian of Congress, in consultation with the CRS Director, shall ensure that the Website— (A) is updated contemporaneously, auto- matically, and electronically to include each new or updated CRS Report released on or after the effective date of this section; (B) shows the status of each CRS Report as new, updated, or archived; and (C) displays the following statement in ref- erence to the CRS Reports included on the Website: ‘‘These documents were prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Mem- bers of Congress. It operates solely at the be- hest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copy- righted images or material from a third party, you may need to obtain the permis- sion of the copyright holder if you wish to copy or otherwise use copyrighted mate- rial.’’. (3) Furnishing of necessary information and technology The CRS Director shall consult with and provide assistance to the Librarian of Con- gress to ensure— (A) that the Librarian of Congress is pro- vided with all of the information necessary to carry out this section, including all of the information described in clauses (i) through (iv) of subsection (c)(1)(A), in such format and manner as the Librarian of Congress considers appropriate; and (B) that CRS makes available any infor- mation and assistance as may be necessary to facilitate the contemporaneous, auto- matic, and electronic provision of CRS Re- ports to the Librarian of Congress as re- quired under this section. (4) Nonexclusivity The Librarian of Congress may publish other information on the Website. (5) Alternative techniques The Librarian of Congress and the CRS Di- rector may use additional techniques to make CRS Reports available to the public, if such techniques are consistent with this section and any other applicable laws. (6) Additional information The CRS Director is encouraged to make ad- ditional CRS products that are not confiden- tial products or services available to the Li- brarian of Congress for publication on the Website, and the Librarian of Congress is en- couraged to publish such CRS products on the Website. Page 85 TITLE 2—THE CONGRESS § 166a (7) Omitted (c) Website contents (1) Specific requirements for Reports posted on Website (A) Responsibilities of Librarian of Congress With respect to each CRS Report included on the Website, the Librarian of Congress shall include— (i) the name and identification number of the CRS Report; (ii) an indication as to whether the CRS Report is new, updated, or archived; (iii) the date of release of the CRS Re- port; and (iv) any other information the Librarian of Congress, in consultation with the CRS Director, considers appropriate. (B) Responsibilities of CRS Director With respect to each CRS Report included on the Website, the CRS Director shall, prior to transmitting the Report to the Librarian of Congress— (i) at the discretion of the CRS Director, remove the name of and any contact infor- mation for any employee of CRS; and (ii) include in the CRS Report the fol- lowing written statement: ‘‘This document was prepared by the Congressional Re- search Service (CRS). CRS serves as non- partisan shared staff to congressional com- mittees and Members of Congress. It oper- ates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Re- ports, as a work of the United States Gov- ernment, are not subject to copyright pro- tection in the United States. Any CRS Re- port may be reproduced and distributed in its entirety without permission from CRS. However, as this CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.’’. (2) Specific requirements for index on Website The Librarian of Congress shall ensure that the index of all CRS Reports published on the Website is— (A) comprehensive; (B) contemporaneously updated; (C) searchable; (D) sortable; (E) maintained in a human-readable for- mat; (F) maintained in a structured data for- mat; (G) downloadable; and (H) inclusive of each item of information described in paragraph (1)(A) with respect to each CRS Report. (d) Omitted (e) Rules of construction (1) No effect on Speech or Debate Clause Nothing in this section may be construed to diminish, qualify, condition, waive, or other- wise affect the applicability of clause 1 of sec- tion 6 of article I of the Constitution of the United States (commonly known as the ‘‘Speech or Debate Clause’’) or any other privi- lege available to Congress or Members, offices, or employees of Congress with respect to any CRS Report made available online under this section. (2) Confidential communications Nothing in this section may be construed to waive the requirement that any confidential communication by CRS to a Member, office, or committee of Congress shall remain under the custody and control of Congress and may be released only by Congress and its Houses, Members, offices, and committees, in accord- ance with the rules and privileges of each House and the requirements of this section. (3) Dissemination of CRS products Nothing in this section may be construed to limit or otherwise affect the ability of a Mem- ber, office, or committee of Congress to dis- seminate CRS products on a website of the Member, office, or committee or to otherwise provide CRS products to the public, including as part of constituent service activities. (f) Effective date (1) In general Except as provided in paragraph (2)(C), this section and the amendments made by this sec- tion shall take effect 90 days after the date on which the Librarian of Congress submits the certification described in paragraph (2)(B). (2) Provision of information and technology (A) CRS deadline Not later than 90 days after March 23, 2018, the CRS Director shall provide the Librarian of Congress with the information necessary for the Librarian of Congress to begin the initial operation of the Website. (B) Certification Upon provision of the information de- scribed in subparagraph (A), the Librarian of Congress shall submit to Congress a certifi- cation that the CRS Director has provided the information necessary for the Librarian of Congress to begin the initial operation of the Website. (C) Technical delays In the event of technical difficulties en- countered in planning or implementing the requirements of this section and the amend- ments made by this section, upon providing a detailed report submitted by the Librarian of Congress or the CRS Director to the Com- mittees on Appropriations of the House and the Senate detailing the nature of the tech- nical difficulties and the timeline for resolv- ing such technical difficulties, the effective date established by subsection (f)(1) shall be extended for up to 90 additional days. (Pub. L. 115–141, div. I, title I, § 154, Mar. 23, 2018, 132 Stat. 787.) Editorial Notes REFERENCES IN TEXT The effective date of this Act and such effective date, referred to in subsec. (a)(2)(B)(ii), are the date of enact- Page 86 TITLE 2—THE CONGRESS §§ 167 to 167h ment of div. I of Pub. L. 115–141, which was approved Mar. 23, 2018. For the effective date of this section, see subsec. (f) of this section. 2 U.S.C. 136–1, referred to in subsec. (a)(3)(D), was so in the original, but probably should have been a ref- erence to section 2 of the Librarian of Congress Succes- sion Modernization Act of 2015, Pub. L. 114–86, which is classified to section 136–1 of this title. For the amendments made by this section, referred to in subsec. (f)(1), (2)(C), see Codification note below. CODIFICATION Section is comprised of section 154 of Pub. L. 115–141. Subsecs. (b)(7) and (d) of section 154 of Pub. L. 115–141 amended section 166 of this title. §§ 167 to 167h. Repealed. Pub. L. 110–161, div. H, title I, § 1004(d)(1)(B), (2)(B), Dec. 26, 2007, 121 Stat. 2233, 2234, and Pub. L. 110–178, § 4(a)(2), (b)(2), Jan. 7, 2008, 121 Stat. 2551, 2552; Pub. L. 111–145, § 6(d)(1), Mar. 4, 2010, 124 Stat. 54 Section 167, act Aug. 4, 1950, ch. 561, § 1, 64 Stat. 411; Pub. L. 90–610, § 1, Oct. 21, 1968, 82 Stat. 1201; Pub. L. 93–175, § 1, Dec. 5, 1973, 87 Stat. 693; Pub. L. 100–135, § 1(a), Oct. 16, 1987, 101 Stat. 811, authorized the Librarian of Congress to designate Library employees as police for duty with respect to the Library of Congress buildings and adjacent streets. Section 167a, act Aug. 4, 1950, ch. 561, § 2, 64 Stat. 411, related to public use of Library of Congress grounds. Section 167b, act Aug. 4, 1950, ch. 561, § 3, 64 Stat. 411, related to sales, advertisements, and solicitations in Library buildings and grounds. Section 167c, act Aug. 4, 1950, ch. 561, § 4, 64 Stat. 411, related to injuries to Library property. Section 167d, act Aug. 4, 1950, ch. 561, § 5, 64 Stat. 411, related to the discharge of firearms or fireworks, mak- ing haranguing or threatening speeches, and the use of objectionable language in Library buildings and grounds. Section 167e, act Aug. 4, 1950, ch. 561, § 6, 64 Stat. 411, related to parades, assemblages or display of flags in Library buildings and grounds. Section 167f, act Aug. 4, 1950, ch. 561, § 7, 64 Stat. 411, related to regulations for Library buildings and grounds and their publication and effective date. Section 167g, act Aug. 4, 1950, ch. 561, § 8, 64 Stat. 412; Pub. L. 88–60, § 1, July 8, 1963, 77 Stat. 77; Pub. L. 91–358, § 111, July 29, 1970, 84 Stat. 473; Pub. L. 101–562, § 3, Nov. 15, 1990, 104 Stat. 2781, related to prosecution and pun- ishment of offenses in Library buildings and grounds. Section 167h, act Aug. 4, 1950, ch. 561, § 9, 64 Stat. 412; Pub. L. 93–198, title VII, § 739(g)(9), Dec. 24, 1973, 87 Stat. 829; Pub. L. 100–135, § 1(b)(1), Oct. 16, 1987, 101 Stat. 811, related to jurisdiction of police within Library build- ings, grounds, and adjacent streets. Editorial Notes CODIFICATION Pub. L. 110–161, div. H, title I, § 1004(d)(1)(B), (2)(B), and Pub. L. 110–178, § 4(a)(2), (b)(2), identically repealed sections 167 to 167h of this title. Pub. L. 110–161, § 1004, was repealed by Pub. L. 111–145. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and to have no effect on the enactment or im- plementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as an Effective Date of 2010 Amendment note under section 1901 of this title. Pub. L. 110–178, § 4(d), Jan. 7, 2008, 121 Stat. 2552, pro- vided that: ‘‘The amendments made by this section [amending sections 167i, 167j, 185, and 1961 of this title and sections 5101, 5102, and 5104 of Title 40, Public Buildings, Property, and Works, and repealing sections 167 to 167h of this title] shall take effect October 1, 2009.’’ Pub. L. 110–161, div. H, title I, § 1004(d)(1)(B), Dec. 26, 2007, 121 Stat. 2233, and Pub. L. 110–178, § 4(a)(2), Jan. 7, 2008, 121 Stat. 2551, provided that section 167 of this title was repealed on Oct. 1, 2009. Pub. L. 110–161, § 1004, was repealed by Pub. L. 111–145, § 6(d)(1), Mar. 4, 2010, 124 Stat. 54. Pub. L. 110–161, div. H, title I, § 1004(d)(4), Dec. 26, 2007, 121 Stat. 2234, which provided that the amendments made by section 1004(d) of Pub. L. 110–161 (amending sections 167i, 167j, 185, and 1961 of this title and sections 5101, 5102, and 5104 of Title 40, Public Buildings, Prop- erty, and Works, and repealing sections 167 to 167h of this title) would take effect Oct. 1, 2009, was repealed by Pub. L. 111–145, § 6(d)(1), Mar. 4, 2010, 124 Stat. 54. § 167i. Suspension of prohibitions against use of Library buildings and grounds In order to permit the observance of author- ized ceremonies within the Library of Congress buildings and grounds, the Librarian of Congress may suspend for such occasions so much of the prohibitions contained in sections 5103 and 5104 of title 40 as may be necessary for the occasion, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Librarian, for the maintenance of suitable order and deco- rum in the proceedings, and for the protection of the Library buildings and grounds and of per- sons and property therein. (Aug. 4, 1950, ch. 561, § 10, 64 Stat. 412; Pub. L. 110–161, div. H, title I, § 1004(d)(2)(C), Dec. 26, 2007, 121 Stat. 2234; Pub. L. 110–178, § 4(b)(3), Jan. 7, 2008, 121 Stat. 2552; Pub. L. 111–145, § 6(d)(1), Mar. 4, 2010, 124 Stat. 54.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–145 repealed Pub. L. 110–161, § 1004(d)(2)(C). See 2007 Amendment note below. 2008—Pub. L. 110–178 substituted ‘‘5103 and 5104 of title 40’’ for ‘‘167a to 167e of this title’’. 2007—Pub. L. 110–161, § 1004(d)(2)(C), which made amendment identical to that of Pub. L. 110–178, was re- pealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enact- ment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an Effec- tive Date of Repeal note under former section 167 of this title. § 167j. Area comprising Library of Congress grounds; ‘‘buildings and grounds’’ defined (a) The Library of Congress grounds shall be held to extend to the line of the face of the east