The Congressional Research Service (CRS) recently released what – these days – is an essential publication: its Congressional Oversight Manual.
At a moment when the president openly refers to himself as a king, and the Supreme Court sometimes acts as if it is little more that a rubber stamp for the presidency, the power of Congress to behave as an oversight mechanism has become vitally important.
Below, we offer our readers part one of series of essential quotes from this report. Tomorrow, we’ll offer part two of our eye-opening quotes.
Congress’s legislative role does not end when it passes legislation. Oversight is fundamental to make sure that laws are working as intended and are being administered in an effective, efficient, and economical manner. The information that oversight can bring to Congress is essential as the body grapples with the complexities of American government and society.
A fundamental objective of the Congressional Oversight Manual is to assist Members, committees, and legislative staff in carrying out this vital legislative function. It is intended to provide a broad overview of the procedural, legal, and practical issues that are likely to arise as Congress conducts oversight. This includes information on the mechanics of oversight practice based on House and Senate rules, common investigative techniques, and an inventory of statutes that impact oversight activity. In addition, the Manual discusses important legal principles that have developed around Congress’s oversight practice. The Manual is organized both to address specific questions and to support those seeking a general introduction to or broader understanding of oversight practice.
CRS first developed the Congressional Oversight Manual more than four decades ago following a December 1978 Workshop on Congressional Oversight and Investigations. The workshop was organized by a group of House and Senate committee aides from both parties and CRS at the request of the bipartisan House leadership. CRS produced the Manual with the assistance initially of a number of House committee staffers. In subsequent years, CRS has sponsored and conducted various oversight seminars for House and Senate staff and updated the Manual periodically.
Over the years, CRS has assisted many Members, committees, party leaders, and staff aides in the performance of the oversight function, providing consultative support on matters ranging from routine oversight and basic information gathering to the most complex and highest profile investigations conducted by Congress. Given the size and scope of the modern executive establishment, Congress’s oversight role may be even more significant—and more demanding—than when Woodrow Wilson wrote in his classic Congressional Government (1885): “Quite as important as lawmaking is vigilant oversight of administration.”
Introduction to Congressional Oversight and the Oversight Manual
Writing in 1993, the Joint Committee on the Organization of Congress defined congressional oversight as the “review, monitoring, and supervision of the executive and the implementation of public policy.”1 This definition captures the functional core of Congress’s oversight of the executive branch. Nonetheless, it is the beginning, rather than an end, of understanding oversight as it has been practiced since the First Congress. As outlined in this manual, the purposes, practice, and tools of congressional oversight extend far beyond the confines of a simple definition.
The Oversight Manual
CRS has published the Congressional Oversight Manual since 1978. In that time, it has been one of the most comprehensive resources for information on congressional oversight and benefited from the experience and knowledge of dozens of CRS experts and attorneys. Since it was first published, the work of Congress and the resources available to conduct oversight have significantly changed. For instance, the spread of interconnected information technology systems and the development of the Internet allow for more rapid and wide-scale collection and preservation of information about the activities of the government and have significantly increased the availability of that data to both the public and Congress. In addition, Congress has developed a wide array of management, oversight, and transparency laws that facilitate oversight, create internal controls within the executive branch, and bring more government data to the public eye.2
CRS’s primary goal with the Oversight Manual is to provide an overview of oversight practice that is useful to congressional stakeholders with various levels of experience. For those new to the Hill, the Oversight Manual serves as a broad introduction to the rules and techniques of effective oversight and the array of options available to Congress and its Members. For more experienced hands, the Oversight Manual’s broad coverage should make it a useful desk reference for existing oversight techniques and recent developments on relevant issues.
How to Use This Manual
The Oversight Manual is intended to be a guidebook for congressional oversight. To that end, CRS has organized the Oversight Manual for easy navigation from the table of contents.
A large share of the Oversight Manual is devoted to a technical discussion of the legal and procedural parameters of Congress’s oversight activities and a survey of certain well-established techniques and tools. The initial sections provide a more general discussion of oversight, including its purposes and a high-level review of the oversight process.
This manual covers a wide variety of topics related to oversight, although it may not discuss every potential oversight issue or provide a precise answer to every question. This is particularly true when it comes to two topics that receive frequent attention. The first is what might be thought of as the “art” of oversight,3 including the selection of oversight priorities and strategies. Such decisions turn, in large part, upon the expert judgment of Members and committees as to how their time and other resources would be best spent.
The second subject involves potential ways to adjust the laws and chamber rules governing oversight. The Oversight Manual focuses on current oversight practices. CRS experts and attorneys are available to answer specific questions related to any aspect of oversight, to support specific oversight activities, and to discuss potential adjustments to the rules and practices that enable oversight.
