[Congressional Record Volume 167, Number 130 (Monday, July 26, 2021)]
[House]
[Pages H3869-H3872]
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.--
[[Page H3870]]
(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;
[[Page H3871]]
(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.
[[Page H3872]]
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.
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