[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
BUSINESS MEETING: H.R. 5305, FDLP MODERNIZATION ACT OF 2018; AND H.R.
4631, ACCESS TO CONGRESSIONALLY MANDATED REPORTS ACT
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON HOUSE
ADMINISTRATION
HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
APRIL 12, 2018
__________
Printed for the use of the Committee on House Administration
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available on the Internet:
http://www.govinfo.gov
_________
U.S. GOVERNMENT PUBLISHING OFFICE
32-658 WASHINGTON : 2018
Committee on House Administration
GREGG HARPER, Mississippi, Chairman
RODNEY DAVIS, Illinois, Vice ROBERT A. BRADY, Pennsylvania,
Chairman Ranking Member
BARBARA COMSTOCK, Virginia ZOE LOFGREN, California
MARK WALKER, North Carolina JAMIE RASKIN, Maryland
ADRIAN SMITH, Nebraska
BARRY LOUDERMILK, Georgia
BUSINESS MEETING: H.R. 5305, FDLP MODERNIZATION ACT OF 2018; AND H.R.
4631, ACCESS TO CONGRESSIONALLY MANDATED REPORTS ACT
----------
THURSDAY, APRIL 12, 2018
House of Representatives,
Committee on House Administration,
Washington, DC.
The Committee met, pursuant to call, at 11:05 a.m., in Room
1310, Longworth House Office Building, Hon. Gregg Harper
[Chairman of the Committee] presiding.
Present: Representatives Harper, Davis, Comstock, Walker,
Loudermilk, Brady, Lofgren, and Raskin.
Staff Present: Sean Moran, Staff Director; Kim Betz, Deputy
Staff Director/General Counsel; Cole Felder, Deputy General
Counsel; Dan Jarrell, Legislative Clerk; Erin McCracken,
Communications Director; Jamie Fleet, Minority Staff Director;
Khalil Abboud, Minority Deputy Staff Director; and Eddie
Flaherty, Minority Chief Clerk.
The Chairman. I now call to order the Committee on House
Administration for purposes of today's Committee meeting. A
quorum is present, so we may proceed. The meeting record will
remain open for 5 legislative days, so that Members may submit
any materials they wish to be included therein.
There are two items on the docket today: H.R. 5305, the
Federal Depository Library Program Modernization Act of 2018;
and H.R. 4631, the Access to Congressionally Mandated Reports
Act. H.R. 5305, the Federal Depository Library Program
Modernization Act of 2018, reflects the Committee's work over
the last year, which included holding five hearings and three
bipartisan stakeholder meetings. In examining potential reforms
to the Federal Depository Library Program, the Committee found
the free flow of government information is fundamental to a
democratic society, and members of the public have a right of
access to government information. The Federal Depository
Library Program, or FDLP as it is commonly known, is an
essential service by which members of the public can access
government information. These libraries partner with the
Government Publishing Office, and offices of the Federal
Government to ensure that members of the public, throughout the
United States, have effective, no-fee access to government
information.
Most government information currently produces an
electronic format. As a result, 97 percent of new information
available through FDLP is in that electronic format. The
government has a responsibility to disseminate and provide
permanent public access to information to ensure that members
of the public are fully aware of the activities of their
government, to spur innovation and research, and to promote
good government. And the sole focus of the Superintendent of
Documents should be on implementing programs to ensure no-fee
access to government information.
To that end, H.R. 5305 makes the following changes to the
FDLP; it recognizes existence of a national collection of
information dissemination products; it updates the types of
depository libraries across the country that may participate in
FDLP; it eliminates the problems with fugitive documents in the
government; it allows the FDLP to accept work completed by the
library community; it provides for greater transparency in the
FDLP itself; and it removes the sales program from the purview
of the superintendent of documents to allow the superintendent
to focus on no-fee access to government information.
The bill is supported by the major library associations,
including the American Library Association, the American
Association of Law Libraries, the Association of Research
Libraries, and the Chief Officers of State Library Agencies.
The second bill on the docket is H.R. 4631, the Access to
Congressionally Mandated Reports Act. H.R. 4631 was introduced
by our colleague, Representative Quigley from Illinois. In
short, H.R. 4631 also amends Title 44 by requiring the
Government Publishing Office, or GPO, to, among other things,
establish and maintain a publicly available website containing
copies of all congressionally mandated reports. The bill also
directs the Office of Management and Budget to issue guidance
to Federal agencies to assist them in submitting the reports to
GPO.
The bill was marked up and reported out of the Committee on
Oversight and Government Reform earlier this year. Forty-five
organizations support this bipartisan legislation. I am pleased
the Committee on House Administration is acting on this good
government bill as well.
I will now like to recognize my colleague and the
Committee's Ranking Member, Mr. Brady, for purposes of an
opening statement, if he wishes.
Mr. Brady. Thank you, Mr. Chairman, for calling this
business meeting this morning. I support both proposals before
us and the bipartisan work they represent.
H.R. 5305 is good for the Government Publishing Office, it
is good for the taxpayers, and most important to me, it is good
for Philadelphia. I was very pleased to receive a letter from
Temple University supporting this legislation.
Federal Depository Library Program plays an important role
in our democratic process and helps the American public stay
informed and hold its government accountable. I know Committee
staff on both sides of the aisle worked hard on this, and I
would like to thank Khalil Abboud from my staff and Bob Tapella
on the majority staff for all the efforts that went into this
legislation.
Thank you.
H.R. 4631 is a positive step towards increasing
transparency in how the Federal Government operates. While
congressional committees emphasize oversight on the executive
branch, ultimately, we all answer to the American people, and
they have a right to know how their tax dollars are being
spent, what is working, and what are areas that need
improvement. These reports provide a unique insight into these
questions though they are not always easy to find.
This legislation will create a one-stop shop for
congressional mandated reports, and I am proud to support it.
Thank you, Mr. Chairman, and I yield back the balance of my
time.
The Chairman. Thank you, Mr. Brady.
I would ask if any other Member of the Committee wishes to
be recognized for purposes of providing an opening statement.
Seeing none, I now call up and--oh, I am sorry.
Ms. Lofgren. I just want to be very brief. You know, the
House Administration Committee is a work-a-day Committee and
doesn't always get the attention for, you know, a variety of
reasons. But this is really significant, and I want to give
credit to both you and Mr. Brady and all the other Committee
members. Because in a democratic society, knowledge is power.
And so what we are doing today is to give additional access to
knowledge to the American public to enhance their authority.
And I just think it is important to view this and the
subsequent bill in that light. And I just wanted to note that
and how significant this really is.
And I yield back.
The Chairman. Thank you, Ms. Lofgren, for your support and
your comments as well.
Any other Members?
I now call up and lay before the Committee, H.R. 5305, the
FDLP Modernization Act of 2018. Without objection, the bill is
considered read. And the amendment in the nature of a
substitute provided to each of you will serve as the base text
and is considered open for amendment at any point.
[The bill follows:]
Amendment in the Nature of a Substitute to H.R. 5305
Offered by Mr. Harper
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDLP Modernization Act of
2018''.
SEC. 2. NO-FEE PUBLIC ACCESS TO GOVERNMENT INFORMATION; REFORM OF
FEDERAL DEPOSITORY LIBRARY PROGRAM.
(a) In General.--Chapter 17 of title 44, United States Code,
is amended to read as follows:
``CHAPTER 17--NO-FEE PUBLIC ACCESS TO GOVERNMENT INFORMATION
``subchapter a--superintendent of documents
``1701. Findings; purpose.
``1702. Superintendent of Documents.
``1703. Employees and facilities of Superintendent.
``1704. Coordination and consultation with Library of Congress.
``1705. Coordination and consultation with other legislative branch
officials.
``1706. Definitions.
``subchapter b--national collection of information dissemination
products
``1721. National collection of information dissemination products.
``1722. Responsibility of offices of Government to furnish products to
Superintendent of Documents.
``1723. Requirements for agreements to produce or procure products.
``1724. Special requirements for electronic information dissemination
products.
``1725. Cataloging and related services for information dissemination
products.
``1726. Collection development plan.
``1727. Replacement and removal of products from national collection.
``subchapter c--online repository
``1731. Establishment and operation of online repository for no-fee
access to information dissemination products.
``1732. Authentication of products.
``1733. Privacy of users.
``subchapter d--federal depository library program
``1741. No-fee access to products through Federal Depository Libraries.
``1742. Requirements for Federal Depository Libraries.
``1743. Services available for depository libraries.
``1744. Selective Depository Libraries.
``1745. Regional Depository Libraries.
``1746. Preservation Depository Libraries.
``1747. Procedures for designation.
``subchapter e--sales program
``1751. Sales program.
``1752. Determination of costs of products.
``1753. Inventory.
``subchapter f--other programs and authorities
``1761. By-law distribution program.
``1762. International Exchange Service Program.
``1763. Acceptance of gifts.
``1764. Authorities of Director of the Government Publishing Office.
``1765. Source of funds used to carry out programs and activities.
``1766. Congressional oversight.
``SUBCHAPTER A--SUPERINTENDENT OF DOCUMENTS
``Sec. 1701. Findings; purpose
``(a) Findings.--Congress finds the following:
``(1) The free flow of government information is
fundamental to a democratic society, and members of the
public have a right of access to government
information.
``(2) The Federal Depository Library Program is an
essential means by which members of the public access
government information. These libraries partner with
the Government Publishing Office and offices of the
Federal Government to ensure that members of the public
throughout the United States have effective, no-fee
access to government information.
``(3) The majority of government information
currently produced is in electronic format. As a
result, 97% of new information available through the
Federal Depository Library Program is in electronic
format.
``(4) Government has a responsibility to disseminate
and provide permanent public access to information in
order to ensure that members of the public are fully
aware of the activities of their government, to spur
innovation and research, and to promote good
government.
``(5) The sole focus of the Superintendent of
Documents should be on implementing programs to ensure
no-fee access to government information.
``(b) Purpose.--It is the purpose of this chapter to promote
the greatest possible public access to information
dissemination products by authorizing the Superintendent of
Documents to--
``(1) establish a national collection of information
dissemination products and to provide no-fee, permanent
public access to such collection through an online
repository established and operated by the Director of
the Government Publishing Office under subchapter C and
through the Federal Depository Library Program under
subchapter D;
``(2) carry out a cataloging and indexing program for
the products in such national collection;
``(3) carry out a by-law distribution program and an
international exchange service program under subchapter
F; and
``(4) collaborate with offices of the Federal
government, Federal Depository Libraries, and library
associations and consortia.
``Sec. 1702. Superintendent of Documents
``(a) Appointment.--The Director of the Government Publishing
Office shall appoint an individual to serve as the
Superintendent of Documents, without regard to political
affiliation and solely based on professional qualifications to
perform the duties and responsibilities of the position, and
who shall serve at the pleasure of the Director of the
Government Publishing Office.
``(b) Duties.--Under the general direction of the Director of
the Government Publishing Office, the Superintendent of
Documents shall administer the programs of GPO which provide
no-fee public access to Federal information dissemination
products (IDPs) under this chapter.
``(c) Qualifications.--The individual appointed as the
Superintendent of Documents shall be an accomplished general
manager and practitioner of library and information sciences,
including the identification, acquisition, authentication,
cataloging, dissemination, maintenance, and preservation of
information dissemination products regardless of form or
format.
``(d) Compensation.--The Superintendent of Documents shall be
compensated at an annual rate equal to level III of the
Executive Schedule.
``Sec. 1703. Employees and facilities of Superintendent
``(a) Appointment of Employees; Provision of Facilities.--The
Director of the Government Publishing Office, upon the
requisition of the Superintendent of Documents, shall appoint
necessary assistants, furnish blanks, and do the printing and
binding required by the Superintendent of Documents. The
Director shall provide convenient office, storage, and
distributing rooms for the use of the Superintendent of
Documents.
``(b) Pay of Employees for Night, Sunday, Holiday, and
Overtime Work.--Employees of the Superintendent of Documents
may be paid for night, Sunday, holiday, and overtime work at
rates not in excess of the rates of additional pay for this
work allowed other employees of the Government Publishing
Office under section 305 of this title.
``Sec. 1704. Coordination and consultation with Library of Congress
``In carrying out this chapter, the Superintendent of
Documents shall coordinate and consult with the Librarian of
Congress, especially with respect to the provisions of this
title which affect the collections of the Library of Congress
and the services the Library provides to Congress.
``Sec. 1705. Coordination and consultation with other legislative
branch officials
``In addition to the coordination and consultation required
under section 1704, in carrying out this chapter, the
Superintendent of Documents shall coordinate and consult with
appropriate officials of the legislative branch, including the
Clerk of the House of Representatives, the Secretary of the
Senate, and the Librarian of Congress, with respect to the
production and dissemination of information dissemination
products of Congress for inclusion in the legislative
information retrieval system established and operated under
section 209 of the Legislative Branch Appropriations Act, 1996
(2 U.S.C. 180).
``Sec. 1706. Definitions
``(a) Definition of `Printing'.--
``(1) Definition.--In this chapter, the term
`printing' includes and applies to all of the processes
used to capture, process, and duplicate digital or
tangible information, including--
``(A) any formatting, composition,
digitization, platemaking, presswork, and
binding or other finishing, or the
manufacturing of related material;
``(B) the equipment and software applications
used in such processes; and
``(C) the end items in any tangible or
digital form produced by such processes and
equipment for use by an end user.
``(2) Review; updates.--The Director of the
Government Publishing Office shall regularly review the
definition under this subsection to ensure that it is
consistent with international and commercial practice,
and not less frequently than every 5 years, shall
submit recommendations to the Committee on House
Administration of the House of Representatives and the
Committee on Rules and Administration of the Senate for
updates to the definition so that it reflects the most
current technology.
``(b) Other Definitions.--In this chapter, the following
definitions apply:
``(1) The term `dissemination' means the government-
initiated distribution of information to a
nongovernment entity, including the public. Such term
does not include any distribution which is limited to
Federal Government employees, intra- or inter-office
use or sharing of Federal information, and responses to
requests for agency records under the Freedom of
lnformation Act (section 552 of title 5) or the Privacy
Act (section 552a of title 5).
``(2) The term `document' means an information
dissemination product.
``(3) The term `electronic information dissemination
product' means an information dissemination product
which is created for or transmitted through an
electronic communications system or network of the
office in which the product originated.
``(4) The term `Federal information' means
information created, collected, processed, maintained,
disseminated, disclosed, or disposed of by or for the
Federal Government, in any medium or form.
``(5) The term `Federal information system' means an
information system used or operated by an office of the
Federal Government or by a contractor of such an office
or by another organization on behalf of such an office.
``(6) The term `fugitive document' means an
information dissemination product which is not
cataloged or otherwise identifiable or retrievable by
an end user through the online repository under section
1721 of this title.
``(7) The term `Government publication' means
information that is published as an individual document
at Government expense, or as required by law, in any
medium or form.
``(8) The term `graphic communication' means
electronic and traditional printing, publishing,
packaging, digital imaging, computer graphics, website
development, digital photography, printable
electronics, and related activities.
``(9) The term `information' means any communication
or representation of knowledge such as facts, data, or
opinions in any medium or form, including textual,
numerical, graphic, cartographic, narrative,
electronic, or audiovisual forms.
``(10) The term `information dissemination product'
or `IDP' means any recorded information, regardless of
physical form or characteristics, disseminated by an
office of the Federal Government, or contractor
thereof, to the public, and including any recorded
information incorporated by reference into the Code of
Federal Regulations. Notwithstanding the provisions of
section 106 of title 17, it is not an infringement of
any copyright that may subsist in works within an IDP
to reproduce, prepare derivative works of, display,
perform, distribute, or utilize (including through text
or data mining) IDPs under this title.
``(11) The term `inter-office agreement' means a
written agreement entered into between two or more
offices of the Federal Government that specifies the
goods to be furnished or tasks to be accomplished by
one office (the servicing office) in support of the
other(s) (the requesting office), including assisted
acquisitions as described in the Memorandum of the
Office of Management and Budget entitled `Improving the
Management and Use of lnteragency Acquisitions' and
other cases described in part 17 of the Federal
Acquisition Regulations.
``(12) The term `national collection' means (subject
to subchapter B) the collection of information
dissemination products produced by the Federal
Government, and (as described in subchapter B) is a
distributed collection accessible from the online
repository under subchapter C, the Federal Depository
Libraries under subchapter D, and through agreements
with other entities as provided by this chapter.
``(13) The term `personally identifiable information'
means information that can be used to distinguish or
trace an individual's identity, either alone or when
combined with other information that is linked or
linkable to a specific individual.
``(14) The term `public information' means any
information, regardless of form or format, that an
office of the Federal Government discloses,
disseminates, or makes available to the public.
``(15) The term `publication' means informational
matter which is published as an individual document at
Federal Government expense, or as required by law.
``(16) The term `State' means, except where otherwise
provided, each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``(17) The term `trustworthy information system'
means an information system that is believed to be
capable of operating within defined levels of risk
despite the environmental disruptions, human errors,
structural failures, and purposeful attacks that are
expected to occur in its environment of operation.
``SUBCHAPTER B--NATIONAL COLLECTION OF INFORMATION DISSEMINATION
PRODUCTS
``Sec. 1721. National collection of information dissemination products
``(a) Establishment of Collection.--In order to provide
permanent public access to information dissemination products
that may be of public interest or educational value, in
accordance with this subchapter, the Superintendent of
Documents shall establish a comprehensive, national collection
of information dissemination products which are determined to
be appropriate for inclusion in the collection, and shall
include all information dissemination products which have been
incorporated by reference into the Code of Federal Regulations.
``(b) Public Access to Collection.--Except as provided in
subsection (c), the Superintendent shall provide permanent
public access to all of the information dissemination products
which are included in the national collection through each of
the following means:
``(1) The online repository established and operated
by the Director of the Government Publishing Office
under subchapter C.
``(2) The Federal Depository Library Program under
subchapter D.
``(3) Methods established for access to products in
incompatible formats, as determined under section
1722(b)(2).
``(4) Cataloging, indexing, identification, location,
availability, and format designation services under
section 1725.
``(c) No Public Access for Certain Products.--
``(1) Products described.--The Superintendent shall
not provide public access to an information
dissemination product which is included in the national
collection under this subchapter if any of the
following apply:
``(A) The product is a cooperative
publication which must necessarily be sold in
order to be self-sustaining, unless the
applicable official enters into an agreement
with the Superintendent to make the product
accessible to the public.
``(B) The product contains information the
disclosure of which would constitute a clearly
unwarranted invasion of personal privacy.
``(C) Prohibiting public access to the
product is necessary to comply with relevant
law.
``(2) Special rule for certain products.--Paragraph
(1) does not apply with respect to--
``(A) an information dissemination product
which an office disseminates in electronic form
to the public at no cost; or
``(B) an information dissemination product
consisting of a standard which has been
incorporated by reference into the Code of
Federal Regulations.
``(3) Notification by applicable officials.--Each
applicable official shall notify the Superintendent of
each instance in which an information dissemination
product is subject to paragraph (1).
``(d) Historical Collection.--In maintaining the national
collection under this subchapter, the Superintendent shall
oversee the maintenance of information dissemination products
which were created and distributed prior to the effective date
of the FDLP Modernization Act of 2018.
``(e) Applicable Official Defined.--In this subchapter, the
`applicable official' with respect to an information
dissemination product is as follows:
``(1) In the case of an IDP originating in an office
of the executive branch, the head of the office in
which the IDP originated.
``(2) In the case of an IDP originating in an office
of the legislative branch, the head of the office in
which the IDP originated, except that--
``(A) if the IDP originated in an office of
the House of Representatives, the `applicable
official' is the Clerk of the House of
Representatives; and
``(B) if the IDP originated in the Senate,
the `applicable official' is the Secretary of
the Senate.
``(3) In the case of an IDP originating in the
judicial branch, the Director of the Administrative
Office of the United States Courts or the Clerk of the
United States Supreme Court (as the case may be).
``Sec. 1722. Responsibility of offices of Government to furnish
products to Superintendent of Documents
``(a) Requirement to Furnish Products.--
``(1) In general.--If an office of the Federal
government produces or procures an information
dissemination product, regardless of form or format,
the applicable official shall furnish the product to
the Superintendent of Documents for inclusion in the
national collection established and maintained under
this subchapter at the applicable price described in
paragraph (2), not later than the date on which the
product is made available to the public.
``(2) Applicable price described.--In paragraph (1),
the `applicable price' with respect to an information
dissemination product is--
``(A) in the case of a product in electronic
form which the office involved disseminates to
the public at no cost, $0; or
``(B) in the case of any other product, such
price as may be appropriate, but not to exceed
the actual cost to the office involved of
producing an additional copy of the product.
``(b) Form and Format.--
``(1) In general.--In furnishing an information
dissemination product to the Superintendent of
Documents under this subchapter, the applicable
official shall deposit with and notify the
Superintendent of digital or tangible (as applicable)
versions of such IDP, regardless of the form or format
of the product, in such manner as will enable the
Superintendent to perform cataloging, indexing,
identification, location, availability, and format
designation services with respect to the IDP under
section 1725 and authentication with respect to the IDP
under section 1722.
``(2) Special rule for incompatible formats.--
``(A) Providing location and access.--If the
form or format of an IDP is not compatible with
the electronic systems of the Government
Publishing Office, and it is not practicable to
make the form or format of the IDP compatible
with such systems, the applicable official
shall meet the requirements of this section by
providing the Superintendent with information
on where the content of the IDP is held and how
the Superintendent may access the content, and
by providing access to and preserving the
content of the IDP.
``(B) Cataloging, public access, and
preservation.--The Superintendent, in
consultation with the applicable official,
shall determine the best method to catalog,
provide public access to (including through the
Federal Depository Library Program under
subchapter D), and preserve an IDP which is
subject to subparagraph (A).
``(c) Notifications Regarding Changes in Production or
Procurement of Products.--
``(1) Change in public access described.--For
purposes of this subsection, a change in public access
to an information dissemination product means any of
the following:
``(A) Terminating production.
``(B) Eliminating production or availability
in tangible form.
``(C) Otherwise limiting the provision of
public access to only electronic means.
``(2) Notification.--The applicable official shall
immediately notify the Superintendent of the intent of
an office to produce or procure, substantially modify,
or make a change in public access to an information
dissemination product included in the national
collection under subchapter B, regardless of form or
format, in order to enable the Superintendent to
continue to provide public access to the product under
this chapter, including access through the Federal
Depository Library Program under subchapter D. Nothing
in this paragraph shall be construed to affect the
application of section 3506 of this title to any office
or applicable official.
``(3) Public notice.--The Superintendent of Documents
shall publish in the Federal Register, and provide
timely notice to the public and the Federal Depository
Libraries under subchapter D, of notifications received
under paragraph (2). In the case of notifications of a
change in public access, the Superintendent of
Documents shall provide such notice not later than 10
days after receiving the notification.
``(4) Restrictions on authority to make changes in
public access.--An office may not make a change in
public access to an information dissemination product
until the expiration of the 70-day period which begins
on the date the head of the office notifies the
Superintendent of Documents of the intent to make the
change.
``(d) Failure to Furnish Product.--If an applicable official
fails to furnish an IDP to the Superintendent of Documents
under this section--
``(1) the Superintendent is authorized to obtain the
IDP; and
``(2) the office of the applicable official shall
reimburse the Superintendent for the costs incurred in
obtaining and disseminating the IDP.
``(e) Additional Methods of Obtaining Products.--
``(1) In general.--In addition to the procedures in
this section, the Superintendent of Documents may use
any other means not prohibited by law to obtain an
information dissemination product for inclusion in the
national collection under this subchapter.
``(2) Collection of products in collection of federal
depository libraries.--The Superintendent may enter
into arrangements with a Federal Depository Library
under subchapter D to obtain from such Library any IDPs
in the Library's own collection of documents and
materials and the metadata associated with any such
IDPs.
``(f) Role of Director of the Government Publishing Office.--
``(1) Supervision and oversight.--The Superintendent
of Documents shall carry out this section under the
supervision of the Director of the Government
Publishing Office, who shall be responsible for
ensuring the compliance of offices of the Federal
government with this section.
``(2) Availability of gpo products.--The Director of
the Government Publishing Office shall provide the
Superintendent with adequate metadata and copies, in
digital and tangible form (if available) of all
information dissemination products produced or procured
by the Government Publishing Office.
``(g) Steps to Ensure Compliance by Applicable Officials.--
``(1) Regulations.--Each applicable official shall
establish guidelines and procedures to ensure that the
appropriate personnel of the applicable official's
office meet the requirements of this section. To the
extent that the applicable official has the authority
under law to promulgate regulations, the official shall
establish such guidelines and procedures by regulation.
``(2) Reports to director of the government
publishing office.--Not later than 180 days after the
date of the enactment of the FDLP Modernization Act of
2018 and every 3 years thereafter, each applicable
official shall submit a report to the Director of the
Government Publishing Office setting forth a plan to
ensure the official's compliance with the requirements
of this section, including steps to sanction employees
of the official's office for failure to comply with
such requirements.
``(h) Effective Date; Transition Rule for Electronic Products
Furnished to Depository Libraries.--
``(1) In general.--This section shall apply with
respect to any information dissemination product
produced or procured on or after the effective date of
the FDLP Modernization Act of 2018.
``(2) Furnishing electronic products to federal
depository libraries during transition.--
``(A) Inventory of products.--Not later than
2 years after the date of the enactment of the
FDLP Modernization Act of 2018, the applicable
official of each office shall provide the
Superintendent of Documents with an inventory
of, and access to, all electronic information
dissemination products (as defined in section
1724) which originated in the office prior to
the effective date of such Act.
``(B) Furnishing of products to libraries.--
If, in the same manner applicable to
information dissemination products under
section 1721, the Superintendent determines
that a product in the inventory provided under
subparagraph (A) would be appropriate for
inclusion in the national collection under this
subchapter (if the product were procured or
produced after the effective date of the FDLP
Modernization Act of 2018), the applicable
official shall furnish the product to the
Superintendent for distribution to Federal
Depository Libraries under subchapter D, as
determined by the Superintendent.
``(C) Costs.--The cost of furnishing an IDP
to a Federal Depository Library under this
paragraph shall be paid by the Superintendent
of Documents.
``Sec. 1723. Requirements for agreements to produce or procure products
``(a) Notification to Superintendent of Documents.--An office
of the Federal government may not enter into a contract for the
procurement of production of an information dissemination
product by any entity other than the Director of the Government
Publishing Office, regardless of form or format, unless each of
the following requirements is met:
``(1) Prior to entering into the contract, the
applicable official notifies the Superintendent of
Documents.
``(2) The contract includes a requirement that the
office shall ensure that the product will be furnished
to the Superintendent in accordance with the
requirements of this chapter, including any requirement
regarding the number, type, and format of copies of the
product.
``(3) The contract includes a requirement that the
office shall meet such conditions as the Superintendent
may require to ensure no-fee public access to the
product in accordance with this chapter.
``(b) Prior Certification of Notice to Superintendent.--No
production or procurement of an IDP may take place under a
contract described in subsection (a) until the applicable
official verifies that notice of the contract was provided to
the Superintendent of Documents.
``(c) Role of Director of the Government Publishing Office.--
The Superintendent of Documents shall carry out this section
under the supervision of the Director of the Government
Publishing Office, who shall be responsible for ensuring the
compliance of offices of the Federal government with this
section.
``Sec. 1724. Special requirements for electronic information
dissemination products
``(a) Types of Material Required to Be Furnished to
Superintendent of Documents.--For purposes of section 1722,
upon request of the Superintendent of Documents, the applicable
official shall promptly provide the Superintendent with copies
of, or access to, electronic files and metadata or other
digital descriptive material associated with an electronic
information dissemination product (including any relevant
material necessary for the Superintendent to comply with
section 1725) which will enable the Superintendent to provide
permanent public access to the IDP through the online
repository under subchapter C and through the Federal
Depository Library Program under subchapter D.
``(b) Special Rules for Products Made Available on Websites
of Originating Offices.--
``(1) Sharing of metadata with director of the
government publishing office.--If an office of the
Government makes an electronic information
dissemination product of the office available to the
public through the office's website, the head of the
office shall ensure that the Director of the Government
Publishing Office (acting through the Superintendent of
Documents) has the appropriate metadata associated with
the product to enable the Director of the Government
Publishing Office to provide a link to the product
through the online repository under subchapter C and to
otherwise provide permanent public access to the
product for purposes of this chapter.
``(2) Treatment of online fee-for-service programs.--
If an office of the Government makes IDPs available to
the public online under a fee-for-service program, the
office shall ensure that the Superintendent of
Documents has access to such services, at a cost no
greater than the applicable price described in section
1722(a)(2), so that the Superintendent may make such
services available to Federal Depository Libraries
under subchapter D.
``(c) Online Public Access During Transition to Online
Repository.--If, at any time after the effective date of the
FDLP Modernization Act of 2018, the online repository under
subchapter C is not in operation, each office in which an
electronic information dissemination product originates shall
provide permanent public access to the IDP through an
electronic communications system or network.
``Sec. 1725. Cataloging and related services for information
dissemination products
``(a) Cataloging, Indexing, Identification, Location,
Availability, and Format Designation Services.--
``(1) Services described.--The Superintendent of
Documents shall--
``(A) perform cataloging, indexing,
identification, location, availability, and
format designation services with respect to the
information dissemination products included in
the national collection under this subchapter;
``(B) perform cataloging, indexing,
identification, location, availability, and
format designation services with respect to any
information dissemination products which are
included in the historical collection under
section 1721(d); and
``(C) make the resulting cataloging,
indexing, identification, location,
availability, and format designation
information available for no-fee public access
under the program described in subsection (b),
and as part of the national collection under
this subchapter.
``(2) Ensuring incorporation of current methodologies
and practices.--The Superintendent shall periodically
review and revise the methods by which the
Superintendent performs the services required under
paragraph (1) to ensure that such methods incorporate
contemporary library and information management
methodologies and practices.
``(3) Rule of construction relating to products not
subject to public access.--Nothing in this subchapter
may be construed to waive the requirement that the
Superintendent perform services under subparagraph (A)
of paragraph (1) with respect to an information
dissemination product which is included in the national
collection under this subchapter but for which the
Superintendent does not provide public access to the
product under section 1721(c).
``(b) Catalog of Government Products.--
``(1) Establishment of catalog.--The Superintendent
of Documents shall establish and maintain a Catalog of
Government Products consisting of a comprehensive set
of metadata, including the digital object identifier,
associated with information dissemination products,
including existing products which are not yet
catalogued, and may make the records of such Catalog
available in other bibliographic utilities that support
widely available record sharing.
``(2) National bibliographic records inventory.--The
Superintendent shall carry out a program to bring
fugitive documents under bibliographic control and to
make records associated with such documents available
through the Catalog established and maintained under
paragraph (1) and other appropriate bibliographic
utilities.
``(c) Digitization.--
``(1) In general.--The Superintendent of Documents is
authorized to digitize, to the greatest extent
practicable, all information dissemination products
created at any time, and to include such products in
digitized form in the national collection under this
subchapter.
``(2) Authentication.--To the greatest extent
practicable, the Superintendent shall identify the
chain of custody or other provenance of IDPs in the
national collection under this subchapter which are in
digitized form, and shall verify that such IDPs are
complete and unaltered.
``(d) Authorizing Activities to Be Carried Out by Other
Entities.--
``(1) Authorization.--The Superintendent of Documents
may enter into an agreement with another entity
(including a Federal Depository Library under
subchapter D) to carry out any of the activities
authorized under this section, in accordance with
regulations promulgated under this subchapter.
``(2) Treatment of work product as work of united
states government for purposes of copyright.--For
purposes of section 105 of title 17, any work product
produced under an agreement entered into under
paragraph (1) shall be considered a work of the United
States Government.
``(e) Coordination With Other Legislative Branch Officials.--
In carrying out this section, the Superintendent shall
coordinate and consult with appropriate officials of the
legislative branch, including the Clerk of the House of
Representatives, the Secretary of the Senate, and the Librarian
of Congress, with respect to the dissemination of information
dissemination products under this subchapter for inclusion in
the legislative information retrieval system established and
operated under section 209 of the Legislative Branch
Appropriations Act, 1996 (2 U.S.C. 180).
``Sec. 1726. Collection development plan
``(a) Plan.--The Superintendent of Documents shall establish
a collection development plan for the national collection of
information dissemination products under this subchapter,
taking into consideration the requirements of the online
repository under subchapter C and the needs of the Federal
Depository Library Program under subchapter D.
``(b) Regulations.--The collection development plan under
this section shall be carried out in accordance with
regulations promulgated under this subchapter.
``Sec. 1727. Replacement and removal of products from national
collection
``(a) Limitation on Replacement and Removal.--An information
dissemination product may not be replaced or removed from the
national collection under this subchapter except as provided
under the policies described in subsection (b).
``(b) Policies.--
``(1) In general.--The Superintendent of Documents
shall carry out each of the following policies with
respect to the information dissemination products,
regardless of form or format, which are included in the
national collection under this subchapter:
``(A) A policy for the replacement of an IDP
in case of error.
``(B) A policy for the removal of an IDP when
required to comply with relevant law.
``(2) Requirements.--The policies described in
paragraph (1) shall provide for--
``(A) notification of the replacement or
removal to the public and the Federal
Depository Libraries; and
``(B) compliance with relevant law, including
the need for the preservation of materials for
archival purposes with the National Archives
and Records Administration.
``(c) Regulations.--Each of the policies under this section
shall be carried out in accordance with regulations promulgated
under this subchapter.
``SUBCHAPTER C--ONLINE REPOSITORY
``Sec. 1731. Establishment and operation of online repository for no-
fee access to information dissemination products
``(a) Online Repository.--The Director of the Government
Publishing Office shall establish and operate a trustworthy
information system and online repository through which members
of the public may obtain, at no charge, information
dissemination products which are included in the national
collection established and maintained under subchapter B.
``(b) Open and Bulk Formats.--To the greatest extent
practicable, the online repository shall provide users with
access to IDPs in open, machine-readable, and nonproprietary
formats, and be available for bulk download with the relevant
metadata incorporated.
``(c) Preservation of Products.--The Director of the
Government Publishing Office shall ensure the preservation for
permanent public access of information dissemination products
included in the online repository, including through a program
providing for the permanent retention of digital materials.
``Sec. 1732. Authentication of products
``(a) Requiring Authentication.--To the greatest extent
practicable, the Director of the Government Publishing Office
shall ensure that each information dissemination product made
available on the online repository under this subchapter is
authenticated, identify the product's chain of custody or other
provenance, and verify that the product is complete and
unaltered.
``(b) Identification of Non-authenticated Products.--The
Director of the Government Publishing Office shall ensure that
if any IDP in the online repository is not authenticated, the
lack of authentication shall be noted within the IDP.
``Sec. 1733. Privacy of users
``(a) Protecting User Privacy.--Not later than 180 days after
the date of the enactment of the FDLP Modernization Act of
2018, the Superintendent of Documents shall implement measures
to protect the privacy of individuals using the online
repository under this subchapter, and shall ensure that such
measures provide users with at least the same level of privacy
as provided under section 552a of title 5 (commonly known as
the Privacy Act of 1974) and section 208 of the E-Government
Act of 2002 (Public Law 107-347; set out as a note under
section 3501 of this title).
``(b) Regulations.--This section shall be carried out in
accordance with regulations promulgated under this subchapter.
``SUBCHAPTER D--FEDERAL DEPOSITORY LIBRARY PROGRAM
``Sec. 1741. No-fee access to products through Federal Depository
Libraries
``(a) Federal Depository Library Program.--The Director of
the Government Publishing Office, acting through the
Superintendent of Documents, shall operate a program under
which, in accordance with this subchapter--
``(1) the Superintendent of Documents shall designate
libraries as Federal Depository Libraries, including
Selective Depository Libraries, Regional Depository
Libraries, and Preservation Depository Libraries;
``(2) the Superintendent shall furnish, at no cost,
to each library designated as a Federal Depository
Library under this subchapter access to the national
collection of information dissemination products under
subchapter B, including--
``(A) complete access to cataloging,
indexing, identification, location,
availability, and format designation services
under section 1725;
``(B) complete access to the online
repository under subchapter C; and
``(C) such information dissemination products
as are provided for in this subchapter; and
``(3) each such Federal Depository Library shall
provide no-fee access to the collection to members of
the public.
``(b) Special Rule for Copies of Congressional Documents.--
``(1) Reports or other documents of congress.--
``(A) In general.--Notwithstanding section
701 of this title, the Director of the
Government Publishing Office shall print and
provide such number of copies of each report or
other document of Congress as the
Superintendent of Documents may establish for
purposes of furnishing such reports and
documents for the Federal Depository Library
Program under this subchapter.
``(B) Format; binding.--The Director shall
provide the Superintendent of Documents with
the copies required under this paragraph in
unbound form as soon as practicable after
printing is completed, except that any report
or other document of sufficient size on any one
subject (as established by the Superintendent)
shall be bound separately and receive the title
suggested by the subject of the volume. The
Director shall provide that the bound sets of
such reports or other documents are arranged in
volumes and bound in a practical and economical
manner as established by the Superintendent.
``(2) Congressional record.--Notwithstanding section
906 of this title, the Director of the Government
Publishing Office shall print and provide such number
of copies of the Congressional Record as the
Superintendent of Documents may establish for purposes
of furnishing the Congressional Record for the Federal
Depository Library Program under this subchapter.
``Sec. 1742. Requirements for Federal Depository Libraries
``(a) Minimum Requirements Described.--Each library
designated as a Federal Depository Library under this
subchapter shall meet the following requirements:
``(1) The library shall provide members of the public
with no-fee access to all of the information
dissemination products furnished to the library by the
Superintendent of Documents under this chapter--
``(A) in electronic format by providing
internet access to the online repository under
subchapter C and to cataloging, indexing,
identification, location, availability, and
format designation services under section 1725;
and
``(B) in any format deposited under this
subchapter.
``(2) The library shall ensure that a member of the
library's staff who is knowledgeable about the services
described in paragraph (1) is reasonably available to
assist patrons with the provision of such services.
``(3) The library shall meet such other additional
requirements as the Superintendent may establish by
regulations promulgated under this subchapter.
``(b) Maintenance and Removal of Deposited IDPs.--In addition
to the requirements described in subsection (a), each library
designated as a Federal Depository Library under this
subchapter shall maintain the information dissemination
products furnished to the library by the Superintendent under
this chapter (regardless of form or format) in accordance with
such policies as the Superintendent may establish, and may
remove any such products only in accordance with such policies
as the Superintendent may establish (consistent with the
requirements of section 1744 in the case of Selective
Depository Libraries and the requirements of section 1745 in
the case of Regional Depository Libraries).
``(c) Management of IDPs in Tangible Form.--Any information
dissemination product which is deposited with a Federal
Depository Library under this subchapter in tangible form
remains the property of the United States Government unless the
IDP is donated to the Library under section 1743(b).
``(d) Regulations.--The Superintendent shall establish the
requirements of this section in accordance with regulations
promulgated under this subchapter. Such regulations shall
encourage participation by a broad and diverse group of
libraries, and may not establish a limit on the number of
libraries which may be designated under this section.
``Sec. 1743. Services available for depository libraries
``(a) Optional Digital Deposit.--
``(1) In general.--At the option of the Library, a
Federal Depository Library may receive directly from
the Superintendent of Documents deposits in electronic
format of information dissemination products included
in the national collection, unless impracticable, in
accordance with regulations promulgated under this
subchapter.
``(2) Protecting privacy of users.--If the Library
permits individuals to seek access to IDPs which are
hosted on its own server in accordance with this
subsection, the Library shall comply to the extent
practicable with the same measures implemented by the
Superintendent of Documents to protect the privacy of
individuals who seek access to IDPs through the use of
online repository under subchapter C.
``(b) Donation of IDPs.--If an information dissemination
product deposited with a Federal Depository Library is no
longer needed for purposes of this subchapter, the
Superintendent may donate the product to the Library, in
accordance with regulations promulgated under this subchapter.
``(c) Availability of Training Program for Use of
Libraries.--
``(1) Development of program.--The Superintendent
shall develop a training and continuing education
program which may be used by Federal Depository
Libraries to promote the ability of the Libraries to
understand the operation of the program under this
subchapter and the content of the materials furnished
to the Libraries under the program.
``(2) Optional use of program.--The use by any
Federal Depository Library of the program developed
under paragraph (1) shall be optional for the Library.
``(3) Availability to public.--Nothing in this
subsection may be construed to prohibit the
Superintendent from making the program developed under
paragraph (1) or any materials developed as part of
such program available to the public, as the
Superintendent considers appropriate.
``Sec. 1744. Selective Depository Libraries
``(a) Selective Depository Libraries Described.--A library
which is designated as a Federal Depository Library may, at its
request, be designated as a Selective Depository Library if the
Library meets the following requirements:
``(1) The Library provides access to selected
information dissemination products in tangible form as
provided by the Superintendent of Documents, under
regulations promulgated under this subchapter.
``(2) The Library agrees to maintain its collection
of such IDPs in tangible form for a minimum of 5 years
after receipt, unless the Superintendent authorizes
earlier withdrawal.
``(3) The Library collaborates with a Regional
Depository Library (as designated under section 1745)
on the maintenance of a regional collection of such
IDPs in tangible form.
``(4) A Member of Congress makes a recommendation to
the Superintendent that the Library should be
designated as a Selective Depository Library.
``(b) Regulations; Limitation on Number.--The Superintendent
shall carry out this section in accordance with regulations
promulgated under this subchapter. Such regulations shall
provide for an adequate number and distribution of Selective
Depository Libraries in order to meet the information needs of
the public, and shall not prevent the designation of at least
one Selective Depository Library in each congressional
district.
``Sec. 1745. Regional Depository Libraries
``(a) Regional Depository Libraries Described.--A library
which is designated as a Federal Depository Library may, at its
request, be designated as a Regional Depository Library if the
Library meets the following requirements:
``(1) The Library agrees to receive its information
dissemination products from the Superintendent of
Documents for purposes of this subchapter in tangible
form, except that the Library may decline to receive an
IDP in tangible form if the authenticated IDP is
available through the online repository under
subchapter C.
``(2) The Library provides access to all IDPs under
this subchapter regardless of form or format.
``(3) The Library coordinates and collaborates with
Selective Depository Libraries to maintain access to
the collection of IDPs available within the region,
including IDPs deposited prior to the library's
designation as a Federal Depository Library under this
subchapter, and may do so by housing some of its
collection at one or more Selective Depository
Libraries pursuant to an agreement with such Selective
Depository Library.
``(4) The Library agrees to provide services under
this subchapter to Selective Depository Libraries under
agreements facilitated by the Superintendent of
Documents, in accordance with regulations promulgated
under this subchapter.
``(5) A Senator (or, in the case of a Library in the
District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, Guam, the United States Virgin Islands,
or the Commonwealth of the Northern Mariana Islands, a
Delegate or Resident Commissioner to the Congress)
makes a recommendation to the Superintendent that the
Library should be designated as a Regional Depository
Library.
``(b) Withdrawal of Collection of Tangible IDPs.--A Regional
Depository Library may withdraw from its collection an IDP
which is in tangible form if--
``(1) the authenticated IDP is available through the
online repository under subchapter C; and
``(2) the Superintendent has identified for
preservation an appropriate number of copies of the IDP
in tangible form in a sufficient number of Federal
Depository Libraries.
``(c) Relocation of Collection of Tangible IDPs.--If a
collection of information dissemination products in tangible
form is relocated from a Regional Depository Library to another
Federal Depository Library under this subchapter (including
relocation resulting from the selective discarding of such
products and the acceptance of such discarded products by
another Federal Depository Library), the Director of the
Government Publishing Office may pay the costs of the
relocation, including related cataloging and transportation
costs.
``(d) Regulations; Contents.--
``(1) In general.--The Superintendent shall carry out
this section in accordance with regulations promulgated
under this subchapter. Such regulations shall--
``(A) in establishing criteria for agreements
between Regional Depository Libraries and
Selective Depository Libraries (as described in
paragraph (4) of subsection (a)), give
preference to any consortia and similar
collaborative efforts in effect between such
Libraries, without regard to geographic
restrictions;
``(B) limit the number of Regional Depository
Libraries located in any State to 2; and
``(C) unless impracticable, provide for the
designation of at least 2 Regional Depository
Libraries in each census region.
``(2) Consultation.--In establishing regulations
under paragraph (1), the Superintendent shall consult
with Selective Depository Libraries and Regional
Depository Libraries.
``Sec. 1746. Preservation Depository Libraries
``(a) Preservation Depository Libraries Described.--A library
which is designated as a Federal Depository Library may, at its
request, be designated as a Preservation Depository Library if
the Library enters into an agreement with the Superintendent of
Documents to assist the Superintendent with the preservation of
information dissemination products in the national collection
under subchapter B.
``(b) Location of Products.--Under an agreement under this
section, a Preservation Depository Library may preserve IDPs
(regardless of form or format) by housing them at its own
location or by coordinating and managing all or part of
collections of IDPs which are housed at other Federal
Depository Libraries.
``(c) Preservation Agreements With Other Entities.--In
addition to designating Preservation Depository Libraries under
this section, the Superintendent may enter in agreements with
other entities to assist the Superintendent with the
preservation of information dissemination products in the
national collection under subchapter B.
``(d) Regulations.--The Superintendent shall carry out this
section in accordance with regulations promulgated under this
subchapter. Under such regulations, the Superintendent shall
seek to designate Preservation Depository Libraries in a manner
which promotes geographic diversity.
``Sec. 1747. Procedures for designation
``(a) In General.--The Superintendent of Documents may
designate a library as a Federal Depository Library under this
subchapter if the Library provides the Superintendent (at such
time and in such form as the Superintendent may require) such
information and assurances as the Superintendent may require to
determine that the library will meet the applicable
requirements of this subchapter, in accordance with regulations
promulgated under this subchapter.
``(b) Termination of Designation.--
``(1) Termination.--The designation of a library as a
Federal Depository Library, Selective Depository
Library, Regional Depository Library, or Preservation
Depository Library under this subchapter may be
terminated by the Superintendent only--
``(A) if the Superintendent determines that
the library does not meet the applicable
requirements for designation under this
subchapter; or
``(B) at the request of the library.
``(2) Criteria for determination.--The determination
by the Superintendent under subparagraph (A) of
paragraph (1) shall be made in accordance with
regulations promulgated under this subchapter which
shall provide for a reasonable opportunity for
remediation.
``SUBCHAPTER E--SALES PROGRAM
``Sec. 1751. Sales program
``(a) Authorization of Sales Program.--
``(1) In general.--The Director of the Government
Publishing Office may operate a program for the sale of
information dissemination products to the public.
``(2) Format of products offered.--The Director may
offer products for sale under the program in any form
or format (including tangible and electronic), except
that if the Director makes alterations to the product
by reformatting or otherwise manipulating the original
form or format of the content of the product to prepare
it for sale, the Director must disclose such
alterations on the product.
``(3) Exclusion of confidential materials.--The
Director may not offer any product for sale under the
program if the product is confidential in nature.
``(b) Acquisition of Products.--
``(1) Authorization of additional production or
procurement.--The Director of the Government Publishing
Office may produce or procure additional copies of IDPs
for the use of the sales program, so long as such
production or procurement does not interfere with the
prompt execution of IDP production or procurement for
the Government.
``(2) Reprinting of documents.--In the case of an IDP
which consists of a document, the Director may from
time to time reprint additional copies of the document
for sale under the program, so long as the Director
notifies the office which created the IDP.
``(3) Blank forms.--The Director may print additional
copies of approved Government forms for sale to the
public under the sales program.
``(c) Resale by Commercial Vendors.--
``(1) Authorization of resale.--As part of the sales
program, the Director of the Government Publishing
Office may authorize the resale of IDPs by book dealers
and other commercial vendors, under such terms and
conditions as the Director may establish.
``(2) No effect on public access.--Nothing in
paragraph (1) may be construed to remove any IDP which
is subject to resale under such paragraph (including
the original text and the underlying data) from the
public domain, or to waive any requirement that the IDP
be available for no-fee public access under any other
subchapter of this chapter.
``Sec. 1752. Determination of costs of products
``(a) Operation of Program on Self-sustaining Basis.--To the
greatest extent feasible, the Director of the Government
Publishing Office shall operate the sales program under this
subchapter on a self-sustaining basis, so that the prices of
the information dissemination products sold will cover the cost
of procurement or production, dissemination, and other
appropriate costs associated with the program as determined by
the Director, including the offering of sales discounts.
``(b) Special Rule for Federal Depository Library Program.--
The Director of the Government Publishing Office shall ensure
that any IDP (regardless of form or format) which is made
available for sale under the sales program is offered to the
Superintendent of Documents for purposes of this chapter at no
greater than the applicable price described in subsection
(a)(2) of section 1722.
``Sec. 1753. Inventory
``(a) Annual Inventory.--The Director of the Government
Publishing Office shall conduct an inventory of the sales
program under this subchapter each fiscal year and use the
results of the inventory to determine stock levels necessary
for the next year.
``(b) Destruction or Remaindering of Inventory.--Prior to
destroying or remaindering any inventory of IDPs, the Director
of the Government Publishing Office shall first offer the
inventory at no cost to--
``(1) the Superintendent of Documents for purposes of
the other subchapters of this chapter; and
``(2) if the Superintendent rejects the offer, the
office which created the IDPs.
``SUBCHAPTER F--OTHER PROGRAMS AND AUTHORITIES
``Sec. 1761. By-law distribution program
``(a) House of Representatives and Senate.--For each fiscal
year, the Superintendent shall deliver information
dissemination products to the Clerk of the House of
Representatives for use in the libraries of the House and to
the Secretary of the Senate for use in the libraries of the
Senate.
``(b) National Archives and Records Administration.--For each
fiscal year, the Superintendent shall deliver information
dissemination products to the National Archives and Records
Administration for use by the Archivist of the United States,
including use by the Presidential Library established for the
President during whose term the IDPs were produced, based on a
determination made by the Archivist and the Superintendent
jointly of the number of IDPs necessary for the use of the
Archivist.
``(c) Foreign Dissemination.--
``(1) United states legations and consulates.--The
Superintendent may disseminate an information
dissemination product to a legation or consulate of the
United States only if the Secretary of State, by an
order to be recorded in the State Department,
determines that the dissemination is suitable for and
required by the legation and consulate.
``(2) Foreign legations.--The Superintendent may
disseminate an information dissemination product to a
foreign legation to the United States only upon request
of the Secretary of State, and only in such number as
the Secretary provides in the request. The
Superintendent may disseminate an IDP to a foreign
legation to the United States without cost only if the
government of such legation furnishes copies of its
printed and legislative documents to legations of the
United States.
``(d) Library of Congress and Congressional Research
Service.--
``(1) Library of congress.--For each fiscal year, the
Superintendent shall furnish to the Library of Congress
a number of full and partial sets of information
dissemination products in a timely manner, based on a
determination made by the Librarian of Congress and
transmitted to the Superintendent of the number of sets
necessary for the Library to provide services to
Congress and to maintain its collections for such
fiscal year.
``(2) Congressional research service.--For each
fiscal year, the Superintendent shall furnish to the
Congressional Research Service a number of full and
partial sets of information dissemination products in a
timely manner, based on a determination made by the
Director of the Congressional Research Service and
transmitted to the Superintendent of the number of sets
necessary to provide services to Congress for such
fiscal year. The Director shall make a payment for the
costs incurred by the Superintendent in furnishing IDPs
under this paragraph, and for the related costs of
carrying out this paragraph, based on the incremental
costs of printing, using funds appropriated to the
Director for such purpose.
``Sec. 1762. International Exchange Service Program
``(a) Dissemination Through Librarian of Congress.--For each
fiscal year, the Superintendent shall furnish a number of full
and partial sets of information dissemination products in a
timely manner to the Library of Congress to enable the
Librarian of Congress to meet the requirements of international
exchange service programs for such fiscal year, based on a
determination made by the Librarian of Congress and transmitted
to the Superintendent of the number of sets necessary for such
purpose. The costs of carrying out this subsection shall be
charged to appropriations provided for the Superintendent for
purposes of this subsection.
``(b) International Exchange Service Programs Described.--In
this section, an `international exchange service program' is
any program to fully carry into effect the convention concluded
at Brussels on March 15, 1886, and proclaimed by the President
of the United States on January 15, 1889, and all subsequent
bilateral and multilateral treaties and agreements under which
copies of Government publications are provided for distribution
to foreign governments which agree, as indicated by the
Librarian of Congress, to send to the United States similar
publications of their governments for delivery to the Library
of Congress.
``Sec. 1763. Acceptance of gifts
``The Director of the Government Publishing Office may accept
and use gifts and bequests of property (both real and personal)
and services in support of the Superintendent's
responsibilities under this chapter.
``Sec. 1764. Authorities of Director of the Government Publishing
Office
``(a) Plenary Authority to Promote Public Access to
Products.--Consistent with this chapter and other applicable
laws, the Director of the Government Publishing Office may take
such measures as the Director considers necessary to ensure the
timely dissemination of information dissemination products to
the public and to expand and improve the maintenance of
permanent public access to such products.
``(b) Regulations.--
``(1) In general.--The Director of the Government
Publishing Office may promulgate such regulations as
the Director considers necessary to carry out any
subchapter of this chapter on behalf of the
Superintendent of Documents, in accordance with the
requirements of this section.
``(2) Application of administrative procedures.--The
promulgation of regulations by the Director pursuant to
this subsection shall be subject to the following laws:
``(A) Section 553 of title 5 (relating to
notice and comment requirements for agency rule
making).
``(B) Chapter 7 of title 5 (relating to
judicial review of agency actions).
``(3) Mandatory review.--3 years after the
promulgation of any regulation pursuant to this
subsection and every 3 years thereafter, the Director
shall conduct a review of the regulation to determine
whether or not the regulation should be updated or
repealed.
``(4) Consultation with libraries.--The Director
shall carry out paragraphs (1) and (3) in consultation
with the Federal Depository Libraries and other
appropriate parties.
``(5) Permanent retention; public accessibility.--The
Director shall ensure that any regulation promulgated
pursuant to this subsection is retained permanently in
the records of the Government Publishing Office and is
fully accessible to the public.
``Sec. 1765. Source of funds used to carry out programs and activities
``The costs of carrying out any programs and activities under
this chapter shall be paid solely from a separate appropriation
made for the activities of the Superintendent of Documents or
from gifts and bequests accepted under section 1763.
``Sec. 1766. Congressional oversight
``(a) Reports.--Not later than 45 days after the first 6
months of each fiscal year, and not later than 45 days after
the next 6 months of each fiscal year, the Director of the
Government Publishing Office shall submit to the Joint
Committee on Printing a report on the activities of the
Superintendent of Documents during the previous 6 months, and
shall include in the report the following information:
``(1) Gifts accepted by the Director under section
1763, including the donor, the amount, and the
disposition.
``(2) Actions taken to ensure the protection of the
privacy of users of information dissemination products.
``(3) The status of the Depository Library Program
under subchapter D.
``(4) The status of any pending rules or regulations
proposed under this chapter.
``(5) Notifications received by the Superintendent of
Documents under section 1723(a).
``(6) Any information dissemination products replaced
or recalled under section 1727 from the national
collection established under subchapter B.
``(b) Posting for No-fee Public Access.--At the time of
submitting a report under subsection (a) to the Joint Committee
on Printing, the Director of the Government Publishing Office
shall post an electronic version of the report on the
Government Publishing Office's official website for no-fee
public access.''.
(b) Conforming Amendments to Title 44, United States Code.--
(1) Distribution of congressional documents for
library of congress and international exchange service
programs.--Section 701 of title 44, United States Code,
is amended--
(A) in subsection (b), by striking ``ten
copies, as provided by section 1718 of this
title'' each place it appears and inserting
``the number of copies determined in accordance
with section 1761(d) of this title''; and
(B) in subsection (c), by striking ``not to
exceed one hundred and fifty copies, as
provided by section 1718 of this title'' and
inserting ``the number of copies determined in
accordance with section 1761(d) of this
title''; and
(C) in subsection (c), by striking ``as
provided by sections 1718 and 1719 of this
title'' and inserting ``as determined in
accordance with sections 1761(d) and 1762 of
this title''.
(2) Distribution of congressional record for library
of congress and international exchange programs.--
Section 906 of such title is amended by striking ``as
provided by sections 1718 and 1719 of this title, not
to exceed one hundred and forty-five copies of the
daily, five semimonthly copies, and one hundred and
fifty bound copies'' and inserting ``the number of
copies determined in accordance with sections 1761(d)
and 1762 of this title''.
(3) Preparation of federal register and code of
federal regulations.--The last sentence of section 1504
of such title is amended by striking ``by sections 1705
and 1708 of this title'' and inserting ``by subchapter
E of chapter 17 of this title''.
(4) Other conforming amendments.--Title 44, United
States Code, is further amended by striking chapters 19
and 41.
(c) Clerical Amendments.--The table of chapters for title 44,
United States Code, is amended--
(1) by striking the item relating to chapter 17 and
inserting the following:
``CHAPTER 17--No-Fee Public Access to Government Information''; and
(2) by striking the items relating to chapters 19 and
41.
SEC. 3. TRANSITION.
(a) Treatment of Individual Currently Holding Position of
Superintendent of Documents.--
(1) Permitting individual to serve on interim
basis.--For purposes of title 44, United States Code,
as amended by this Act, any individual who holds the
position of Superintendent of Documents as of the
effective date of this Act shall be deemed to meet the
qualifications for such position under such title, and
shall be permitted to remain in that position after the
effective date of this Act until the Director of the
Government Publishing Office appoints an individual to
serve as the Superintendent of Documents under section
1702 of such title, as amended by this Act. Nothing in
this paragraph shall be construed to prohibit the
Director from appointing such an individual as the
Superintendent of Documents under section 1702 of such
title, as amended by this Act.
(2) Special rule on compensation.--If an individual
described in paragraph (1) serves as Superintendent of
Documents pursuant to the authority of such paragraph
after the effective date of this Act, the individual
shall receive compensation for such service after such
date at the same annual rate of compensation the
individual received as of the effective date of this
Act. If the Director of the Government Publishing
Office appoints the individual to serve as
Superintendent of Documents under section 1702 of title
44, United States Code, as amended by this Act, the
individual shall be compensated in accordance with such
section.
(b) Transition for Existing Depository Libraries.--For
purposes of chapter 17 of title 44, United States Code, as
amended by this Act--
(1) each institution which, as of the effective date
of this Act, is designated as a depository library
under chapter 19 of such title (as in effect prior to
such date) shall be deemed to have been designated as a
Federal Depository Library under chapter 17 of such
title on the effective date of this Act;
(2) each institution which, as of the effective of
this Act, is designated as a selective depository
library under chapter 19 of such title (as in effect
prior to such date) shall be deemed to have been
designated as a Selective Depository Library under
chapter 17 of such title on the effective date of this
Act; and
(3) each institution which, as of the effective date
of this Act, is serving a regional depository library
under chapter 19 of such title (as in effect prior to
such date) shall be deemed to have been designated as a
Regional Depository Library under chapter 17 of such
title on the effective date of this Act.
SEC. 4. GAO STUDY AND REVIEW OF IMPLEMENTATION OF CHANGES TO RULES
GOVERNING PUBLIC ACCESS TO GOVERNMENT PUBLICATIONS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the implementation of chapter 17 of
title 44, as amended by this Act. Such study shall include an
analysis of--
(1) the status of the implementation of such chapter;
(2) the extent of compliance by offices of the
Federal government with the requirements of such
chapter;
(3) the effectiveness of such chapter at meeting the
needs of the public and Federal Depository Libraries in
providing public access to government information; and
(4) other related issues determined appropriate by
the Comptroller General.
(b) Report.--Not later than 3 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Joint Committee on Printing a report
on the study conducted under subsection (a).
SEC. 5. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments
made by this Act shall apply with respect to the first fiscal
year which begins after the date of the enactment of this Act
and each succeeding fiscal year.
The Chairman. This amendment makes a number of technical
changes to clarify and strengthen the FDLP program. For
purposes of time, each member has been provided with a copy of
the amendment.
Does any Member wish to be heard on the amendment in the
nature of a substitute or wish to offer an amendment? If not
the question, is on adopting the amendment.
All those in favor of the amendment, say aye.
All those opposed, say no.
In the opinion of the chair, the ayes have it, and the
amendment is agreed to.
I move that the Committee favorably report H.R. 5305, the
FDLP--oh, I should look at my notes better.
Pursuant to Clause 2 of Rule 11, all Members are entitled
to two additional calendar days to file such views in writing
and signed by the member and file with the clerk of the
Committee.
I move that the Committee favorably report H.R. 5305, the
FDLP Modernization Act of 2018 as amended. The question is on
the motion.
All those in favor, signify by saying aye.
All those opposed, signify by saying no.
In the opinion of the chair, the ayes have it and the
motion is agreed to. Without objection, the motion to
reconsider is laid on the table.
Does any member wish to submit supplemental or minority
views?
Seeing none, I now call up H.R. 4631, the Access to
Congressionally Mandated Reports Act. Without objection, the
bill is considered read and the amendment in the nature of a
substitute provided to each of you will serve as the base text
and is considered open for amendment at any point.
[The bill follows:]
Amendment in the Nature of a Substitute to H.R. 4631
Offered by Mr. Harper
Strike all after the enacting clause and insert the
following:
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 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, 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 online portal.
(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 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.
(d) 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.
(e) 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.--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 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 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.--As soon as practicable each calendar
year (but not later than April 1), and on a rolling basis
during the year if feasible, the Librarian of Congress shall
submit to the Director a list of congressionally mandated
reports from the previous calendar year, in consultation with
the Clerk of the House of Representatives, 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 online
portal 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--
(1) require the disclosure of information or records
that are exempt from public disclosure under section
552 of title 5, United States Code; or
(2) to 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.
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.
Amend the title so as to read: ``A bill 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.''.
The Chairman. This amendment will make a number of
technical changes to Title 44 to clarify and strengthen
transparency with respect to reports requested by Congress.
Does any Member wish to be heard on the amendment in the
nature of a substitute or wish to offer an amendment? If not,
the question is on adopting the amendment.
All those in favor of the amendment, say aye.
All those opposed, say no.
In the opinion of the Chair, the ayes have it, and the
amendment is agreed to.
I now move the Committee favorably report H.R. 4631, the
Access to Congressionally Mandated Reports Act as amended. The
question is on the motion.
All those in favor, signify by saying aye.
All those opposed signify by saying no.
In the opinion of the Chair, the ayes have it, and the
motion is agreed to. Without objection, the motion to
reconsider is laid upon the table.
Does any Member wish to submit supplemental or minority
views?
Pursuant to Clause 2 of Rule 11, all Members are entitled
to two additional calendar days to file such views in writing
and signed by the Member and file with the clerk of the
Committee.
For all the matters here today, I would ask unanimous
consent that the staff be authorized to make technical and
conforming changes, if necessary. Without objection, so
ordered.
That concludes today's markup.
Without objection, the markup is adjourned.
[Whereupon, at 11:15 a.m., the Committee proceeded to other
business.]