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1 Maya Kornberg & Martha Kinsella, Building Science and Technology Expertise in Congress 1 (2023)

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Building Science and



Technology Expertise



in Congress

By Maya Kornberg  and Martha Kinsella
PUBUSHED NOVEMBER 6, 2023


    At  a recent Senate hearing on artificial intelli-
       gence (AI), Connecticut Sen. Richard Blumenthal
       stated that the subcommittee's goal was to de-
mystify and hold accountable these new technologies to
avoid some of the mistakes of the past.1 Missouri Sen. Josh
Hawley expressed a similar view. We could be looking at
one of the most important technological innovations in
human  history, he said, and cautioned that A might be
immensely destructive, analogizing it to the atomic bomb.2
  A is just one of many highly technical issues confront-
ing lawmakers. As Senator Blumenthal acknowledged,
Congress has failed to meet the moment on social
media -  neither passing data privacy legislation nor
modernizing platform regulation despite high-profile
congressional hearings in 2018 that revealed not only
social media's role in election interference and data
harvesting but also lawmakers' ignorance of this technol-
ogy.3 Since then, legislation has stalled, in part due to
the dubious claims of lobbyists for technology com-
panies that such legislation would have unintended
consequences.4
  Congress has similarly struggled for at least a decade
with other urgent science and technology issues.5 For
instance, in 2009 Congress passed legislation to digitize
medical records but did not address how to transfer records
between hospitals, a costly oversight that slowed imple-


mentation despite a $30 billion federal investment.6 And
in 2016 legislators drafted a bipartisan bill that received
widespread criticism from technology privacy experts
because it would have effectively banned end-to-end cellu-
lar encryption, which protects communications and data
from hackers.7
  Most public attention on Congress's struggles to legis-
late has focused on partisan roadblocks - the increasingly
sharp ideological divisions between the two parties and
anachronistic procedural hurdles such as the Senate fili-
buster - that make decisive action a challenge, even
during periods of unified party control.' But a related driver
of congressional dysfunction is lawmakers' shrinking
access to the high-quality research and data and non-
partisan expertise needed for them to comprehend
complex technical issues. In a 2016 survey, 81 percent of
senior congressional staffers said that access to high-
quality, nonpartisan policy expertise was very important,
but only 24 percent were very satisfied with the resources
available.9
  Congress has many in-house subject matter experts.
Each member has personal staff, and each committee has
staff from each party. Legislators are also assisted by a
number  of support agencies, including the Library of
Congress and the Congressional Research Service (CRS)
housed therein, the Government Accountability Office


Brennan Center for Justice at New York University School of Law


1

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