[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3438 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3438

    To require the Director of the Government Publishing Office to 
 establish and maintain a website accessible to the public that allows 
the public to obtain electronic copies of all congressionally mandated 
             reports in one place, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2018

 Mr. Portman (for himself and Ms. Klobuchar) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To require the Director of the Government Publishing Office to 
 establish and maintain a website accessible to the public that allows 
the public to obtain electronic copies of all congressionally mandated 
             reports in one place, and for other purposes.

    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 to be submitted 
                to either House of Congress or any committee of 
                Congress, or subcommittee thereof, by a statute, 
                resolution, or conference report that accompanies 
                legislation enacted into law; 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 website.--The term ``reports website'' means 
        the website established under section (3)(a).

SEC. 3. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS.

    (a) Requirement To Establish Website.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Director shall establish and 
        maintain a website 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 website.
            (2) Existing functionality.--To the extent possible, the 
        Director shall meet the requirements under paragraph (1) by 
        using existing websites 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 website.
    (b) Content and Function.--The Director shall ensure that the 
reports website 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, conference report, 
                or resolution 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 receiving 
                        the report, if applicable.
                            (v) The statute, resolution, or conference 
                        report 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 website.
                    (E) Access to the report not later than 30 calendar 
                days after its submission to Congress.
                    (F) 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 website 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 website--
                            (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 website.
    (d) Free Access.--The Director may not charge a fee, require 
registration, or impose any other limitation in exchange for access to 
the reports website.
    (e) Upgrade Capability.--The reports website 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.--Concurrently with 
the submission to Congress of each congressionally mandated report, 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 website 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 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 report.
    (e) List of Reports.--The Librarian of Congress, in consultation 
with the Clerk of the House of Representatives, shall submit to the 
Director a list of congressionally mandated reports that are required 
to be submitted during a year as soon as is practicable, including, 
whenever feasible, on rolling basis throughout the year, but in any 
event not later than April 1 of the following year, which shall--
            (1) be provided in an open format;
            (2) include the information required under clauses (i), 
        (ii), (iv), (v) of section 3(b)(1)(C) for each report;
            (3) include the frequency of the report;
            (4) include a unique alphanumeric identifier for the report 
        that is consistent across report editions;
            (5) include the date on which each report is required to be 
        submitted; and
            (6) be updated and provided to the Director, as necessary.

SEC. 5. REMOVING AND ALTERING REPORTS.

    A report submitted to be published to the reports website may only 
be changed or removed, with the exception of technical changes, by the 
head of the Federal agency concerned if--
            (1) the head of the Federal agency consults with each 
        congressional committee to which the report is submitted; and
            (2) Congress enacts a joint resolution authorizing the 
        changing or removal of the report.

SEC. 6. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT.

    (a) In General.--Nothing in this Act shall be construed to require 
the disclosure of information or records that are exempt from public 
disclosure under section 552 of title 5, United States Code, or to 
impose any affirmative duty on the Director to review congressionally 
mandated reports submitted for publication to the reports website for 
the purpose of identifying and redacting such information or records.
    (b) Redaction of Report.--With respect to each congressionally 
mandated report, the head of each relevant Federal agency shall redact 
any information that may not be publicly released under section 552(b) 
of title 5, United States Code, before submission for publication on 
the reports website, and shall--
            (1) redact only such information from the report;
            (2) identify where any such redaction is made in the 
        report; and
            (3) identify the exemption under which each such redaction 
        is made.
    (c) Withholding Information.--
            (1) In general.--A Federal agency--
                    (A) may withhold information otherwise required to 
                be disclosed under this Act only if--
                            (i) the Federal agency reasonably foresees 
                        that disclosure would harm an interest 
                        protected by an exemption described in section 
                        552(b) of title 5, United States Code; or
                            (ii) disclosure is prohibited by law; and
                    (B) shall--
                            (i) consider whether partial disclosure of 
                        information otherwise required to be disclosed 
                        under this Act is possible whenever the Federal 
                        agency determines that a full disclosure of the 
                        information is not possible; and
                            (ii) take reasonable steps necessary to 
                        segregate and release nonexempt information.
            (2) Rule of construction.--Nothing in this subsection 
        requires disclosure of information that is otherwise prohibited 
        from disclosure by law, or otherwise exempted from disclosure 
        under section 552(b)(3) of title 5, United States Code.

SEC. 7. IMPLEMENTATION.

    Except as provided in section 4(c), this Act shall be implemented 
not later than 1 year after the date of enactment of this Act and shall 
apply with respect to congressionally mandated reports submitted to 
Congress on or after the date that is 1 year after such date of 
enactment.
                                 <all>