The publication is reproduced in full below:
ACCESS TO CONGRESSIONALLY MANDATED REPORTS ACT
Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2485) to require the Director of the Government Publishing Office to establish and maintain an online portal accessible to the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2485
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Congressionally Mandated Reports Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressionally mandated report.--
(A) In general.--The term ``congressionally mandated report'' means a report of a Federal agency that is required by statute to be submitted to either House of Congress or any committee of Congress or subcommittee thereof.
(B) Exclusions.--
(i) Patriotic and national organizations.--The term
``congressionally mandated report'' does not include a report required under part B of subtitle II of title 36, United States Code.
(ii) Inspectors general.--The term ``congressionally mandated report'' does not include a report by an office of an inspector general.
(2) Director.--The term ``Director'' means the Director of the Government Publishing Office.
(3) Federal agency.--The term ``Federal agency'' has the meaning given the term ``federal agency'' under section 102 of title 40, United States Code, but does not include the Government Accountability Office or an element of the intelligence community.
(4) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(5) Open format.--The term ``open format'' means a file format for storing digital data based on an underlying open standard that--
(A) is not encumbered by any restrictions that would impede reuse; and
(B) is based on an underlying open data standard that is maintained by a standards organization.
(6) Reports online portal.--The term ``reports online portal'' means the online portal established under section 3(a).
SEC. 3. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY
MANDATED REPORTS.
(a) Requirement To Establish Online Portal.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Director shall establish and maintain an online portal accessible by the public that allows the public to obtain electronic copies of congressionally mandated reports in one place.
(2) Existing functionality.--To the extent possible, the Director shall meet the requirements under paragraph (1) by using existing online portals and functionality under the authority of the Director.
(3) Consultation.--In carrying out this Act, the Director shall consult with the Clerk of the House of Representatives, the Secretary of the Senate, and the Librarian of Congress regarding the requirements for and maintenance of congressionally mandated reports on the reports online portal.
(b) Content and Function.--The Director shall ensure that the reports online portal includes the following:
(1) Subject to subsection (c), with respect to each congressionally mandated report, each of the following:
(A) A citation to the statute requiring the report.
(B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report.
(C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee or subcommittee receiving the report, if applicable.
(v) The statute requiring the report.
(vi) Subject tags.
(vii) A unique alphanumeric identifier for the report that is consistent across report editions.
(viii) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information specified by the Director.
(D) The date on which the report was required to be submitted, and on which the report was submitted, to the reports online portal.
(E) To the extent practicable, a permanent means of accessing the report electronically.
(2) A means for bulk download of all congressionally mandated reports.
(3) A means for downloading individual reports as the result of a search.
(4) An electronic means for the head of each Federal agency to submit to the reports online portal each congressionally mandated report of the agency, as required by section 4.
(5) In tabular form, a list of all congressionally mandated reports that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such reports were required to be submitted; and
(C) to the extent practicable, reports not submitted.
(c) Noncompliance by Federal Agencies.--
(1) Reports not submitted.--If a Federal agency does not submit a congressionally mandated report to the Director, the Director shall to the extent practicable--
(A) include on the reports online portal--
(i) the information required under clauses (i), (ii), (iv), and (v) of subsection (b)(1)(C); and
(ii) the date on which the report was required to be submitted; and
(B) include the congressionally mandated report on the list described in subsection (b)(5)(C).
(2) Reports not in open format.--If a Federal agency submits a congressionally mandated report that is not in an open format, the Director shall include the congressionally mandated report in another format on the reports online portal.
(d) Deadline.--The Director shall ensure that information required to be published on the online portal under this Act with respect to a congressionally mandated report or information required under subsection (c) of this section is published--
(1) not later than 30 days after the information is received from the Federal agency involved; or
(2) in the case of information required under subsection
(c), not later than 30 days after the deadline under this Act for the Federal agency involved to submit information with respect to the congressionally mandated report involved.
(e) Exception for Certain Reports.--
(1) Exception described.--A congressionally mandated report which is required by statute to be submitted to a committee of Congress or a subcommittee thereof, including any transmittal letter associated with the report, shall not be submitted to or published on the reports online portal if the chair of a committee or subcommittee to which the report is submitted notifies the Director in writing that the report is to be withheld from submission and publication under this Act.
(2) Notice on portal.--If a report is withheld from submission to or publication on the reports online portal under paragraph (1), the Director shall post on the portal--
(A) a statement that the report is withheld at the request of a committee or subcommittee involved; and
(B) the written notification provided by the chair of the committee or subcommittee specified in paragraph (1).
(f) Free Access.--The Director may not charge a fee, require registration, or impose any other limitation in exchange for access to the reports online portal.
(g) Upgrade Capability.--The reports online portal shall be enhanced and updated as necessary to carry out the purposes of this Act.
SEC. 4. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--Not earlier than 30 days or later than 45 days after the date on which a congressionally mandated report is submitted to either House of Congress or to any committee of Congress or subcommittee thereof, the head of the Federal agency submitting the congressionally mandated report shall submit to the Director the information required under subparagraphs
(A) through (D) of section 3(b)(1) with respect to the congressionally mandated report. Notwithstanding section 6, nothing in this Act shall relieve a Federal agency of any other requirement to publish the congressionally mandated report on the online portal of the Federal agency or otherwise submit the congressionally mandated report to Congress or specific committees of Congress, or subcommittees thereof.
(b) Guidance.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director, shall issue guidance to agencies on the implementation of this Act.
(c) Structure of Submitted Report Data.--The head of each Federal agency shall ensure that each congressionally mandated report submitted to the Director complies with the open format criteria established by the Director in the guidance issued under subsection (b).
(d) Point of Contact.--The head of each Federal agency shall designate a point of contact for congressionally mandated reports.
(e) Requirement for Submission.--The Director shall not publish any report through the online portal that is received from anyone other than the head of the applicable Federal agency, or an officer or employee of the Federal agency specifically designated by the head of the Federal agency.
SEC. 5. CHANGING OR REMOVING REPORTS.
(a) Limitation on Authority To Change or Remove Reports.--Except as provided in subsection (b), the head of the Federal agency concerned may change or remove a congressionally mandated report submitted to be published on the reports online portal only if--
(1) the head of the Federal agency consults with each committee of Congress or subcommittee thereof to which the report is required to be submitted (or, in the case of a report which is not required to be submitted to a particular committee of Congress or subcommittee thereof, to each committee with jurisdiction over the agency, as determined by the head of the agency in consultation with the Speaker of the House of Representatives and the President pro tempore of the Senate) prior to changing or removing the report; and
(2) a joint resolution is enacted to authorize the change in or removal of the report.
(b) Exceptions.--Notwithstanding subsection (a), the head of the Federal agency concerned--
(1) may make technical changes to a report submitted to or published on the online portal;
(2) may remove a report from the online portal if the report was submitted to or published on the online portal in error; and
(3) may withhold information, records, or reports from publication on the online portal in accordance with section 6.
SEC. 6. WITHHOLDING OF INFORMATION.
(a) In General.--Nothing in this Act shall be construed to--
(1) require the disclosure of information, records, or reports that are exempt from public disclosure under section 552 of title 5, United States Code, or that may be withheld under section 552a of title 5, United States Code; or
(2) impose any affirmative duty on the Director to review congressionally mandated reports submitted for publication to the reports online portal for the purpose of identifying and redacting such information or records.
(b) Withholding of Information.--
(1) In general.--Consistent with subsection (a)(1), the head of a Federal agency may withhold from the Director, and from publication on the online portal, any information, records, or reports that are exempt from public disclosure under section 552 of title 5, United States Code, or that may be withheld under section 552a of title 5, United States Code.
(2) National security.--Nothing in this Act shall be construed to require the publication, on the online portal or otherwise, of any report containing information that is classified, or the public release of which could have a harmful effect on national security.
SEC. 7. IMPLEMENTATION.
(a) Reports Submitted to Congress.--
(1) In general.--This Act shall apply with respect to any congressionally mandated report which--
(A) is required by statute to be submitted to the House of Representatives, or the Speaker thereof, or Senate, or the President or President Pro Tempore thereof, at any time before, on, or after the date of the enactment of this Act; or
(B) is included by the Clerk of the House of Representatives or the Secretary of the Senate (as the case may be) on the list of reports received by the House of Representatives or Senate (as the case may be) at any time before the date of the enactment of this Act.
(2) Transition rule for previously submitted reports.--To the extent practicable, the Director shall ensure that any congressionally mandated report described in paragraph (1) which was required to be submitted to Congress by a statute enacted before the date of the enactment of this Act is published on the online portal under this Act not later than 1 year after the date of the enactment of this Act.
(b) Reports Submitted to Committees.--In the case of congressionally mandated reports which are required by statute to be submitted to a committee of Congress or a subcommittee thereof, this Act shall apply with respect to--
(1) any such report which is first required to be submitted by a statute which is enacted on or after the date of the enactment of this Act; and
(2) to the maximum extent practical, any congressionally mandated report which was required to be submitted by a statute enacted before the date of enactment of this Act unless--
(A) the chair of the committee, or subcommittee thereof, to which the report was required to be submitted notifies the Director in writing that the report is to be withheld from publication; and
(B) the Director publishes the notification on the online portal.
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from the District of Columbia (Ms. Norton) and the gentleman from Pennsylvania (Mr. Keller) each will control 20 minutes.
The Chair recognizes the gentlewoman from the District of Columbia.
General Leave
Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include extraneous material on the measure before us.
The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from the District of Columbia?
There was no objection.
Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank Representative Mike Quigley for his persistence in pursuing this good government legislation. Hopefully, we can get this bill enacted this Congress.
H.R. 2485, the Access to Congressionally Mandated Reports Act, is a non-controversial bill that has been approved by the Oversight and Reform Committee many times.
The bill is a commonsense measure that would make the government more transparent and accountable. It would create a one-stop-shop where Congress and members of the public could access agency reports to Congress.
Federal agencies submit thousands of reports to Congress each year. This bill will improve congressional oversight by making it easy to find and access those reports.
H.R. 2485 would give the public access to agency reports. Currently, members of the public often have to file requests under the Freedom of Information Act to obtain agency reports to Congress because many of these reports are not available online.
An online library of Federal reports would improve our ability to use the information in them to make sound policy. It also would encourage agency compliance with reporting requirements.
Finally, it would support timely access to the reports by State and local governments, students, academics, and others with the additional benefit of decreasing the burden on agencies to process Freedom of Information Act requests.
The Access to Congressionally Mandated Reports Act is endorsed by almost 40 organizations from across the political spectrum.
Mr. Speaker, I support this bill and urge all my colleagues to support it, and I reserve the balance of my time.
Mr. KELLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Access to Congressionally Mandated Reports Act, long championed by my colleague, Mr. Mike Quigley, represents an honest effort to modernize Congress and improve the Article I power of the legislative branch.
The bill does this by bolstering the ability of Congress to access and understand the thousands of legally mandated reports compiled by the executive branch and sent to Congress each year.
It is estimated that Federal agencies write and send to Congress over 4,000 written reports every 2 years. That is a lot of valuable information for the American people and their representatives in the U.S. House.
These mandated reports contain insights into activities of Federal agencies. Insights like the status of an agency establishing a new program or updates on efforts to combat waste, fraud, and abuse. However, there is currently no central inventory for congressional Members or our staff to access these reports.
Most reports are sent over via email and can get lost in the shuffle of an ever-changing and evolving Congress, or they are only sent to specific committees which prevents the rest of Congress and the public from viewing them. This bill fixes that problem.
H.R. 2485 establishes a central and publicly available portal of these reports at the Government Publishing Office. Congress and members of the public will be able to fully search, sort, and download reports from this website. This gives the whole of Congress and America's citizens convenient access to all executive agency reports submitted to Congress. These are reports that the taxpayers paid for.
This bill also includes protections for classified and sensitive information in keeping with the principles of the Freedom of Information Act.
In summary, once Congress can get a handle on all the mandated reports, we can take actions to reduce any unnecessary agency reporting burdens.
Mr. Speaker, I thank my colleague, Mr. Mike Quigley, for working together with the House Oversight and Reform Committee's ranking member, James Comer, on this good government bill, and I reserve the balance of my time.
Ms. NORTON. Mr. Speaker, if the gentleman from Pennsylvania has no further speakers, I am prepared to close, and I reserve the balance of my time.
Mr. KELLER. Mr. Speaker, I yield such time as he may consume to the gentleman from Kentucky (Mr. Comer).
Mr. COMER. Mr. Speaker, I rise to support the Access to Congressionally Mandated Reports Act, which I have worked on along with my House Oversight and Reform Committee colleague, Congressman Mike Quigley.
This bill will help modernize Congress and expand the legislative branch's oversight over the executive branch.
Every year, Federal agencies prepare and submit thousands of in-depth reports to various congressional committees. These reports cover topics such as the implementation status of new agency programs or legal requirements in recently passed laws.
They also cover the ongoing effort of the Federal Government to address waste, fraud, and abuse as well as policy priorities like our Nation's financial stability, cybersecurity, homeland security, and public health readiness.
In short, congressionally mandated reports are a key part of how the United States Congress fulfills its Article I oversight duties over the executive branch.
Beyond holding hearings and passing laws, the legislative branch mandates that executive branch agencies report to the House and Senate on their activities and compliance with the law.
As representatives in the House, we have an obligation to the American people to maintain constant visibility into the executive branch. And congressionally mandated reports are one of our most useful, daily oversight tools.
However, there is a problem. Congress lacks a central inventory of the reports we require Federal agencies to send us. This makes it hard to know for certain if agencies are fulfilling their legal reporting obligations or for new congressional Members and staff to find reports from previous years.
Additionally, the American public has little to no access to these valuable reports, which contain key insights into agency programs and missions that directly affect them.
H.R. 2485 is the solution we need. With the bill's establishment of a single website at the Government Publishing Office we will be able to find the reports we need when we need them.
A fully searchable inventory of these reports makes complete sense in the modern world. This new portal will enable each and every House Member and staffer to do their job on behalf of the American people they represent.
After all, American taxpayer dollars are funding the preparation of these reports as well as the agency activities they report on.
And for sensitive reports containing classified information, there are protections to ensure that only the proper congressional committees will be able to access such reports.
Again, I want to thank my colleague, Mr. Mike Quigley, for working with me to improve and reintroduce this government-wide transparency bill.
Mr. Speaker, I urge my colleagues to support H.R. 2485.
Mr. KELLER. Mr. Speaker, I have no further speakers, and I yield back the balance of my time.
Ms. NORTON. Mr. Speaker, I urge passage of H.R. 2485, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from the District of Columbia (Ms. Norton) that the House suspend the rules and pass the bill, H.R. 2485, as amended.
The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to require the Director of the Government Publishing Office to establish and maintain a single online portal accessible to the public that allows the public to obtain electronic copies of all congressionally mandated reports, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________
SOURCE: Congressional Record Vol. 167, No. 130
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