[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 195 Reported in Senate (RS)]
<DOC>
Calendar No. 67
116th CONGRESS
1st Session
S. 195
[Report No. 116-31]
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
January 19, 2019
Mr. Portman (for himself, Ms. Klobuchar, and Ms. Hassan) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
April 10, 2019
Reported by Mr. Johnson, with an amendment
[Insert the part printed in italic]
_______________________________________________________________________
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 reports.
(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), and (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--
(1) 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
(2) shall--
(A) redact only such information from the report;
(B) identify where any such redaction is made in
the report; and
(C) 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(b), 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.
Calendar No. 67
116th CONGRESS
1st Session
S. 195
[Report No. 116-31]
_______________________________________________________________________
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.
_______________________________________________________________________
April 10, 2019
Reported with an amendment