[Congressional Record Volume 165, Number 120 (Wednesday, July 17, 2019)]
[House]
[Pages H5951-H5953]
ACCESS TO CONGRESSIONALLY MANDATED REPORTS ACT
Mr. ROUDA. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 736) 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. 736
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.--The term
``congressionally mandated report''--
(A) means a report that is required by statute to be
submitted to either House of Congress or any committee of
Congress or subcommittee thereof; and
(B) does not include a report required under part B of
subtitle II of title 36, United States Code.
(2) Director.--The term ``Director'' means the Director of
the Government Publishing Office.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given that term under section 102 of title 40, United
States Code, but does not include the Government
Accountability Office.
(4) 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.
(5) 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 all
congressionally mandated reports in one place. The Director
may publish other reports on the online portal.
(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) 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.
[[Page H5952]]
(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) is published--
(1) not later than 30 calendar 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 calendar 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 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 calendar days or later than 45 calendar 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. 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 240 calendar 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.
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; and
(2) may remove a report from the online portal if the
report was submitted to or published on the online portal in
error.
SEC. 6. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT.
(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
(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) Redaction of Information.--The head of a Federal agency
may redact information required to be disclosed under this
Act if the information would be properly withheld from
disclosure under section 552 of title 5, United States Code,
and shall--
(1) redact information required to be disclosed under this
Act if disclosure of such information is prohibited by law;
(2) redact information being withheld under this subsection
prior to submitting the information to the Director;
(3) redact only such information properly withheld under
this subsection from the submission of information or from
any congressionally mandated report submitted under this Act;
(4) identify where any such redaction is made in the
submission or report; and
(5) identify the exemption under which each such redaction
is made.
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 Senate 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.--The
Director shall ensure that any congressionally mandated
report described in paragraph (1) which was required to be
submitted to Congress by a statue 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 gentleman from
California (Mr. Rouda) and the gentleman from Pennsylvania (Mr. Keller)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROUDA. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous materials on the measure before us.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROUDA. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I thank Representative Mike Quigley for his
persistence in pursuing this good-government legislation. Hopefully, we
can get this bill enacted this Congress.
H.R. 736, the Access to Congressionally Mandated Reports Act, is a
noncontroversial 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 these reports. H.R. 736 would also 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 some agency reports to
Congress. Many of these reports are not available online.
An online library of Federal reports would improve the ability of our
staffs
[[Page H5953]]
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 FOIA requests.
The Access to Congressionally Mandated Reports Act has been endorsed
by over 25 organizations from across the political spectrum. I have a
letter from those groups that I include in the Record.
July 16, 2019.
Dear Speaker Pelosi, Republican Leader McCarthy, and
Members of the House of Representatives: We, the 27
undersigned organizations, write to express our strong
support for the bipartisan Access to Congressionally Mandated
Reports Act (``ACMRA'') and to respectfully urge you to vote
in favor of the legislation on the House floor. If enacted,
the ACMRA will strengthen Congressional oversight and improve
government transparency.
The ACMRA will establish a central repository of agency
reports submitted to Congress and will track whether agencies
have submitted required reports. This will improve Members of
Congress's access to the reports and ensure Congress knows
when they become available.
The ACMRA also directs agencies to provide the Government
Publishing Office (GPO) any report that is both required by
law to be submitted to Congress and is releasable under the
Freedom of Information Act (``FOIA''), subject to certain
limitations. The legislation will not change what information
is in the public sphere, but it will improve accessibility.
Nor does the legislation affect in any way what information
is provided to Congressional committees or place any burden
upon them.
Under the ACMRA, agency reports will become publicly
available on GPO's website within 30 days of submission to
Congress, and will be redacted in accordance with FOIA's
provisions, which include the removal of classified or
otherwise confidential material. Reports will be assigned a
unique identifier that will make it easy to track reports as
new editions are released.
Additionally, the Congressional Research Service will
supplement work already performed by the Clerk of the House
to identify all agency reports the law requires be submitted
to Congress. This will tell us whether an agency has complied
with its obligation to submit reports in a timely fashion.
The Senate Homeland Security and Governmental Affairs
Committee favorably reported a similar version of the bill in
April. Additionally, the legislation was repeatedly favorably
reported by both the Committee on House Administration and
the Committee on Oversight and Government Reform during prior
Congresses.
The ACMRA was first introduced in 2010, and we are hopeful
it will become part of this Congress's transparency legacy.
We appreciate your thoughtful consideration of the measure
and are hopeful the ACMRA will be enacted shortly.
Sincerely yours,
American Association of Law Libraries, American Library
Association, Americans for Prosperity, Campaign for
Accountability, Center for Data Innovation, Center for
Responsive Politics, Demand Progress, Data Coalition,
Essential Information, Free Government Information, Freedom
Works, Government Information Watch, GovTrack.us, Judicial
Watch.
Liberty Coalition, Lincoln Network, National Coalition for
History, National Immigrant Justice Center, National Security
Archive, PEGI Project, Project On Government Oversight, R
Street Institute, Senior Executives Association, Society of
Professional journalists, Sunlight Foundation, Taxpayers for
Common Sense, Win Without War.
Mr. ROUDA. Madam Speaker, legislation similar to this bill has been
introduced in the Senate and favorably reported by the Senate Committee
on Homeland Security and Governmental Affairs.
Madam Speaker, I urge all of my colleagues to support this
legislation, and I reserve the balance of my time.
Mr. KELLER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 736, the Access to
Congressionally Mandated Reports Act sponsored by my colleague from
Illinois (Mr. Quigley).
Federal agencies are required to produce numerous reports to Congress
each year. The reports cover a wide range of topics that give valuable
insight into government activities.
While some reports are posted on agency websites, most are not
available online. It is incredibly difficult for the general public to
find reports, especially older reports. Keep in mind that these are
reports that the taxpayers paid for in the first place.
H.R. 736 will solve this problem. The bill directs the Federal
Government to compile all congressionally mandated reports in a central
location.
The Government Publishing Office would be required to establish an
online database where agencies would submit congressionally mandated
reports. In order to protect sensitive information, the bill allows
agencies to redact information in reports that would otherwise not be
releasable to the public under the Freedom of Information Act.
The database would provide access to reports free of charge. The
reports would be searchable, sortable, and available to be downloaded
in bulk.
H.R. 736 ensures that these taxpayer-funded reports are transparent
and accessible. It will make it easier for both the public and Congress
to review and evaluate Federal agency activities. Increased
transparency under this bill will allow the public to help Congress
hold the government accountable.
Madam Speaker, I urge my colleagues to support this bill, and I
reserve the balance of my time.
Mr. ROUDA. Madam Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Quigley), a distinguished Member and sponsor of this
legislation.
Mr. QUIGLEY. Madam Speaker, I thank the gentleman for yielding.
Madam Speaker, I will keep my comments brief because this bipartisan,
commonsense bill is simple.
H.R. 736 would make all agency reports to Congress, and releasable
under FOIA, available on one website at no cost to the American public.
Each year, Federal agencies submit thousands of reports to Congress
that contain a wealth of information that enables the public to better
understand how Federal agencies are, or are not, fulfilling their
respective missions, from ensuring the safety of our drugs and food
supply to protecting the environment and monitoring the soundness of
our financial institutions.
Unfortunately, many, if not most, of these reports simply sit
collecting dust in the committees they are delivered to or are posted
in numerous and confusing places on dozens of agency websites, rarely
to be seen or thought of again.
In fact, the only comprehensive list of congressionally mandated
reports is printed in paper format each year by the Clerk of the House
and is available only by request, provided that one knows it exists.
My bill would, for the first time, create a single website where the
public and Members of Congress can easily search, sort, and download
all congressionally mandated reports from agencies.
Ultimately, this will help us conduct better research and oversight
of these agencies and will allow the public to learn about what
agencies are doing with their hard-earned tax dollars.
This bill is meant to be a window into the workings of government to
ensure that the government's business is done transparently and is
accountable to the people it serves.
Madam Speaker, I urge my colleagues to support this straightforward,
commonsense bill and vote ``yes'' on H.R. 736.
Mr. KELLER. Madam Speaker, I have no further speakers. I urge my
colleagues to support this bill, and I yield back the balance of my
time.
Mr. ROUDA. Madam Speaker, I have no further speakers. I urge my
colleagues to support this bill, and I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Rouda) that the House suspend the rules
and pass the bill, H.R. 736, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
