[Congressional Record Volume 165, Number 120 (Wednesday, July 17, 2019)]
[House]
[Pages H5951-H5953]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             ACCESS TO CONGRESSIONALLY MANDATED REPORTS ACT

  Mr. ROUDA. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 736) to require the Director of the Government Publishing 
Office to establish and maintain an online portal accessible to the 
public that allows the public to obtain electronic copies of all 
congressionally mandated reports in one place, and for other purposes, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 736

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Access to Congressionally 
     Mandated Reports Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Congressionally mandated report.--The term 
     ``congressionally mandated report''--
       (A) means a report that is required by statute to be 
     submitted to either House of Congress or any committee of 
     Congress or subcommittee thereof; and
       (B) does not include a report required under part B of 
     subtitle II of title 36, United States Code.
       (2) Director.--The term ``Director'' means the Director of 
     the Government Publishing Office.
       (3) Federal agency.--The term ``Federal agency'' has the 
     meaning given that term under section 102 of title 40, United 
     States Code, but does not include the Government 
     Accountability Office.
       (4) Open format.--The term ``open format'' means a file 
     format for storing digital data based on an underlying open 
     standard that--
       (A) is not encumbered by any restrictions that would impede 
     reuse; and
       (B) is based on an underlying open data standard that is 
     maintained by a standards organization.
       (5) Reports online portal.--The term ``reports online 
     portal'' means the online portal established under section 
     (3)(a).

     SEC. 3. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY 
                   MANDATED REPORTS.

       (a) Requirement To Establish Online Portal.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall establish and 
     maintain an online portal accessible by the public that 
     allows the public to obtain electronic copies of all 
     congressionally mandated reports in one place. The Director 
     may publish other reports on the online portal.
       (2) Existing functionality.--To the extent possible, the 
     Director shall meet the requirements under paragraph (1) by 
     using existing online portals and functionality under the 
     authority of the Director.
       (3) Consultation.--In carrying out this Act, the Director 
     shall consult with the Clerk of the House of Representatives, 
     the Secretary of the Senate, and the Librarian of Congress 
     regarding the requirements for and maintenance of 
     congressionally mandated reports on the reports online 
     portal.
       (b) Content and Function.--The Director shall ensure that 
     the reports online portal includes the following:
       (1) Subject to subsection (c), with respect to each 
     congressionally mandated report, each of the following:
       (A) A citation to the statute requiring the report.
       (B) An electronic copy of the report, including any 
     transmittal letter associated with the report, in an open 
     format that is platform independent and that is available to 
     the public without restrictions, including restrictions that 
     would impede the re-use of the information in the report.
       (C) The ability to retrieve a report, to the extent 
     practicable, through searches based on each, and any 
     combination, of the following:
       (i) The title of the report.
       (ii) The reporting Federal agency.
       (iii) The date of publication.
       (iv) Each congressional committee or subcommittee receiving 
     the report, if applicable.
       (v) The statute requiring the report.
       (vi) Subject tags.
       (vii) A unique alphanumeric identifier for the report that 
     is consistent across report editions.
       (viii) The serial number, Superintendent of Documents 
     number, or other identification number for the report, if 
     applicable.
       (ix) Key words.
       (x) Full text search.
       (xi) Any other relevant information specified by the 
     Director.
       (D) The date on which the report was required to be 
     submitted, and on which the report was submitted, to the 
     reports online portal.
       (E) To the extent practicable, a permanent means of 
     accessing the report electronically.
       (2) A means for bulk download of all congressionally 
     mandated reports.
       (3) A means for downloading individual reports as the 
     result of a search.
       (4) An electronic means for the head of each Federal agency 
     to submit to the reports online portal each congressionally 
     mandated report of the agency, as required by section 4.
       (5) In tabular form, a list of all congressionally mandated 
     reports that can be searched, sorted, and downloaded by--
       (A) reports submitted within the required time;
       (B) reports submitted after the date on which such reports 
     were required to be submitted; and
       (C) reports not submitted.
       (c) Noncompliance by Federal Agencies.--
       (1) Reports not submitted.--If a Federal agency does not 
     submit a congressionally mandated report to the Director, the 
     Director shall to the extent practicable--
       (A) include on the reports online portal--
       (i) the information required under clauses (i), (ii), (iv), 
     and (v) of subsection (b)(1)(C); and
       (ii) the date on which the report was required to be 
     submitted; and
       (B) include the congressionally mandated report on the list 
     described in subsection (b)(5)(C).
       (2) Reports not in open format.--If a Federal agency 
     submits a congressionally mandated report that is not in an 
     open format, the Director shall include the congressionally 
     mandated report in another format on the reports online 
     portal.

[[Page H5952]]

       (d) Deadline.--The Director shall ensure that information 
     required to be published on the online portal under this Act 
     with respect to a congressionally mandated report or 
     information required under subsection (c) is published--
       (1) not later than 30 calendar days after the information 
     is received from the Federal agency involved; or
       (2) in the case of information required under subsection 
     (c), not later than 30 calendar days after the deadline under 
     this Act for the Federal agency involved to submit 
     information with respect to the congressionally mandated 
     report involved.
       (e) Exception for Certain Reports.--
       (1) Exception described.--A congressionally mandated report 
     which is required by statute to be submitted to a committee 
     of Congress or a subcommittee thereof, including any 
     transmittal letter associated with the report, shall not be 
     submitted to or published on the reports online portal if the 
     chair of a committee or subcommittee to which the report is 
     submitted notifies the Director in writing that the report is 
     to be withheld from submission and publication under this 
     Act.
       (2) Notice on portal.--If a report is withheld from 
     submission to or publication on the reports online portal 
     under paragraph (1), the Director shall post on the portal--
       (A) a statement that the report is withheld at the request 
     of a committee or subcommittee involved; and
       (B) the written notification specified in paragraph (1).
       (f) Free Access.--The Director may not charge a fee, 
     require registration, or impose any other limitation in 
     exchange for access to the reports online portal.
       (g) Upgrade Capability.--The reports online portal shall be 
     enhanced and updated as necessary to carry out the purposes 
     of this Act.

     SEC. 4. FEDERAL AGENCY RESPONSIBILITIES.

       (a) Submission of Electronic Copies of Reports.--Not 
     earlier than 30 calendar days or later than 45 calendar days 
     after the date on which a congressionally mandated report is 
     submitted to either House of Congress or to any committee of 
     Congress or subcommittee thereof, the head of the Federal 
     agency submitting the congressionally mandated report shall 
     submit to the Director the information required under 
     subparagraphs (A) through (D) of section 3(b)(1) with respect 
     to the congressionally mandated report. Nothing in this Act 
     shall relieve a Federal agency of any other requirement to 
     publish the congressionally mandated report on the online 
     portal of the Federal agency or otherwise submit the 
     congressionally mandated report to Congress or specific 
     committees of Congress, or subcommittees thereof.
       (b) Guidance.--Not later than 240 calendar days after the 
     date of enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the Director, 
     shall issue guidance to agencies on the implementation of 
     this Act.
       (c) Structure of Submitted Report Data.--The head of each 
     Federal agency shall ensure that each congressionally 
     mandated report submitted to the Director complies with the 
     open format criteria established by the Director in the 
     guidance issued under subsection (b).
       (d) Point of Contact.--The head of each Federal agency 
     shall designate a point of contact for congressionally 
     mandated reports.

     SEC. 5. CHANGING OR REMOVING REPORTS.

       (a) Limitation on Authority to Change or Remove Reports.--
     Except as provided in subsection (b), the head of the Federal 
     agency concerned may change or remove a congressionally 
     mandated report submitted to be published on the reports 
     online portal only if--
       (1) the head of the Federal agency consults with each 
     committee of Congress or subcommittee thereof to which the 
     report is required to be submitted (or, in the case of a 
     report which is not required to be submitted to a particular 
     committee of Congress or subcommittee thereof, to each 
     committee with jurisdiction over the agency, as determined by 
     the head of the agency in consultation with the Speaker of 
     the House of Representatives and the President pro tempore of 
     the Senate) prior to changing or removing the report; and
       (2) a joint resolution is enacted to authorize the change 
     in or removal of the report.
       (b) Exceptions.--Notwithstanding subsection (a), the head 
     of the Federal agency concerned--
       (1) may make technical changes to a report submitted to or 
     published on the online portal; and
       (2) may remove a report from the online portal if the 
     report was submitted to or published on the online portal in 
     error.

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

       (a) In General.--Nothing in this Act shall be construed 
     to--
       (1) require the disclosure of information, records, or 
     reports that are exempt from public disclosure under section 
     552 of title 5, United States Code; or
       (2) impose any affirmative duty on the Director to review 
     congressionally mandated reports submitted for publication to 
     the reports online portal for the purpose of identifying and 
     redacting such information or records.
       (b) Redaction of Information.--The head of a Federal agency 
     may redact information required to be disclosed under this 
     Act if the information would be properly withheld from 
     disclosure under section 552 of title 5, United States Code, 
     and shall--
       (1) redact information required to be disclosed under this 
     Act if disclosure of such information is prohibited by law;
       (2) redact information being withheld under this subsection 
     prior to submitting the information to the Director;
       (3) redact only such information properly withheld under 
     this subsection from the submission of information or from 
     any congressionally mandated report submitted under this Act;
       (4) identify where any such redaction is made in the 
     submission or report; and
       (5) identify the exemption under which each such redaction 
     is made.

     SEC. 7. IMPLEMENTATION.

       (a) Reports Submitted to Congress.--
       (1) In general.--This Act shall apply with respect to any 
     congressionally mandated report which--
       (A) is required by statute to be submitted to the House of 
     Representatives or Senate at any time before, on, or after 
     the date of the enactment of this Act; or
       (B) is included by the Clerk of the House of 
     Representatives or the Secretary of the Senate (as the case 
     may be) on the list of reports received by the House of 
     Representatives or Senate (as the case may be) at any time 
     before the date of the enactment of this Act.
       (2) Transition rule for previously submitted reports.--The 
     Director shall ensure that any congressionally mandated 
     report described in paragraph (1) which was required to be 
     submitted to Congress by a statue enacted before the date of 
     the enactment of this Act is published on the online portal 
     under this Act not later than 1 year after the date of the 
     enactment of this Act.
       (b) Reports Submitted to Committees.--In the case of 
     congressionally mandated reports which are required by 
     statute to be submitted to a committee of Congress or a 
     subcommittee thereof, this Act shall apply with respect to--
       (1) any such report which is first required to be submitted 
     by a statute which is enacted on or after the date of the 
     enactment of this Act; and
       (2) to the maximum extent practical, any congressionally 
     mandated report which was required to be submitted by a 
     statute enacted before the date of enactment of this act 
     unless--
       (A) the chair of the committee, or subcommittee thereof, to 
     which the report was required to be submitted notifies the 
     Director in writing that the report is to be withheld from 
     publication; and
       (B) the Director publishes the notification on the online 
     portal.

     SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Rouda) and the gentleman from Pennsylvania (Mr. Keller) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. ROUDA. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous materials on the measure before us.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. ROUDA. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I thank Representative   Mike Quigley for his 
persistence in pursuing this good-government legislation. Hopefully, we 
can get this bill enacted this Congress.
  H.R. 736, the Access to Congressionally Mandated Reports Act, is a 
noncontroversial bill that has been approved by the Oversight and 
Reform Committee many times. The bill is a commonsense measure that 
would make the government more transparent and accountable. It would 
create a one-stop-shop where Congress and members of the public could 
access agency reports to Congress.
  Federal agencies submit thousands of reports to Congress each year. 
This bill will improve congressional oversight by making it easy to 
find and access these reports. H.R. 736 would also give the public 
access to agency reports.
  Currently, members of the public often have to file requests under 
the Freedom of Information Act to obtain some agency reports to 
Congress. Many of these reports are not available online.
  An online library of Federal reports would improve the ability of our 
staffs

[[Page H5953]]

to use the information in them to make sound policy. It also would 
encourage agency compliance with reporting requirements. Finally, it 
would support timely access to the reports by State and local 
governments, students, academics, and others, with the additional 
benefit of decreasing the burden on agencies to process FOIA requests.
  The Access to Congressionally Mandated Reports Act has been endorsed 
by over 25 organizations from across the political spectrum. I have a 
letter from those groups that I include in the Record.
                                                    July 16, 2019.
       Dear Speaker Pelosi, Republican Leader McCarthy, and 
     Members of the House of Representatives: We, the 27 
     undersigned organizations, write to express our strong 
     support for the bipartisan Access to Congressionally Mandated 
     Reports Act (``ACMRA'') and to respectfully urge you to vote 
     in favor of the legislation on the House floor. If enacted, 
     the ACMRA will strengthen Congressional oversight and improve 
     government transparency.
       The ACMRA will establish a central repository of agency 
     reports submitted to Congress and will track whether agencies 
     have submitted required reports. This will improve Members of 
     Congress's access to the reports and ensure Congress knows 
     when they become available.
       The ACMRA also directs agencies to provide the Government 
     Publishing Office (GPO) any report that is both required by 
     law to be submitted to Congress and is releasable under the 
     Freedom of Information Act (``FOIA''), subject to certain 
     limitations. The legislation will not change what information 
     is in the public sphere, but it will improve accessibility. 
     Nor does the legislation affect in any way what information 
     is provided to Congressional committees or place any burden 
     upon them.
       Under the ACMRA, agency reports will become publicly 
     available on GPO's website within 30 days of submission to 
     Congress, and will be redacted in accordance with FOIA's 
     provisions, which include the removal of classified or 
     otherwise confidential material. Reports will be assigned a 
     unique identifier that will make it easy to track reports as 
     new editions are released.
       Additionally, the Congressional Research Service will 
     supplement work already performed by the Clerk of the House 
     to identify all agency reports the law requires be submitted 
     to Congress. This will tell us whether an agency has complied 
     with its obligation to submit reports in a timely fashion.
       The Senate Homeland Security and Governmental Affairs 
     Committee favorably reported a similar version of the bill in 
     April. Additionally, the legislation was repeatedly favorably 
     reported by both the Committee on House Administration and 
     the Committee on Oversight and Government Reform during prior 
     Congresses.
       The ACMRA was first introduced in 2010, and we are hopeful 
     it will become part of this Congress's transparency legacy.
       We appreciate your thoughtful consideration of the measure 
     and are hopeful the ACMRA will be enacted shortly.
           Sincerely yours,
       American Association of Law Libraries, American Library 
     Association, Americans for Prosperity, Campaign for 
     Accountability, Center for Data Innovation, Center for 
     Responsive Politics, Demand Progress, Data Coalition, 
     Essential Information, Free Government Information, Freedom 
     Works, Government Information Watch, GovTrack.us, Judicial 
     Watch.
       Liberty Coalition, Lincoln Network, National Coalition for 
     History, National Immigrant Justice Center, National Security 
     Archive, PEGI Project, Project On Government Oversight, R 
     Street Institute, Senior Executives Association, Society of 
     Professional journalists, Sunlight Foundation, Taxpayers for 
     Common Sense, Win Without War.

  Mr. ROUDA. Madam Speaker, legislation similar to this bill has been 
introduced in the Senate and favorably reported by the Senate Committee 
on Homeland Security and Governmental Affairs.
  Madam Speaker, I urge all of my colleagues to support this 
legislation, and I reserve the balance of my time.
  Mr. KELLER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H.R. 736, the Access to 
Congressionally Mandated Reports Act sponsored by my colleague from 
Illinois (Mr. Quigley).
  Federal agencies are required to produce numerous reports to Congress 
each year. The reports cover a wide range of topics that give valuable 
insight into government activities.
  While some reports are posted on agency websites, most are not 
available online. It is incredibly difficult for the general public to 
find reports, especially older reports. Keep in mind that these are 
reports that the taxpayers paid for in the first place.
  H.R. 736 will solve this problem. The bill directs the Federal 
Government to compile all congressionally mandated reports in a central 
location.
  The Government Publishing Office would be required to establish an 
online database where agencies would submit congressionally mandated 
reports. In order to protect sensitive information, the bill allows 
agencies to redact information in reports that would otherwise not be 
releasable to the public under the Freedom of Information Act.
  The database would provide access to reports free of charge. The 
reports would be searchable, sortable, and available to be downloaded 
in bulk.
  H.R. 736 ensures that these taxpayer-funded reports are transparent 
and accessible. It will make it easier for both the public and Congress 
to review and evaluate Federal agency activities. Increased 
transparency under this bill will allow the public to help Congress 
hold the government accountable.
  Madam Speaker, I urge my colleagues to support this bill, and I 
reserve the balance of my time.
  Mr. ROUDA. Madam Speaker, I yield 2 minutes to the gentleman from 
Illinois (Mr. Quigley), a distinguished Member and sponsor of this 
legislation.
  Mr. QUIGLEY. Madam Speaker, I thank the gentleman for yielding.
  Madam Speaker, I will keep my comments brief because this bipartisan, 
commonsense bill is simple.
  H.R. 736 would make all agency reports to Congress, and releasable 
under FOIA, available on one website at no cost to the American public.
  Each year, Federal agencies submit thousands of reports to Congress 
that contain a wealth of information that enables the public to better 
understand how Federal agencies are, or are not, fulfilling their 
respective missions, from ensuring the safety of our drugs and food 
supply to protecting the environment and monitoring the soundness of 
our financial institutions.
  Unfortunately, many, if not most, of these reports simply sit 
collecting dust in the committees they are delivered to or are posted 
in numerous and confusing places on dozens of agency websites, rarely 
to be seen or thought of again.
  In fact, the only comprehensive list of congressionally mandated 
reports is printed in paper format each year by the Clerk of the House 
and is available only by request, provided that one knows it exists.
  My bill would, for the first time, create a single website where the 
public and Members of Congress can easily search, sort, and download 
all congressionally mandated reports from agencies.
  Ultimately, this will help us conduct better research and oversight 
of these agencies and will allow the public to learn about what 
agencies are doing with their hard-earned tax dollars.
  This bill is meant to be a window into the workings of government to 
ensure that the government's business is done transparently and is 
accountable to the people it serves.
  Madam Speaker, I urge my colleagues to support this straightforward, 
commonsense bill and vote ``yes'' on H.R. 736.
  Mr. KELLER. Madam Speaker, I have no further speakers. I urge my 
colleagues to support this bill, and I yield back the balance of my 
time.
  Mr. ROUDA. Madam Speaker, I have no further speakers. I urge my 
colleagues to support this bill, and I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Rouda) that the House suspend the rules 
and pass the bill, H.R. 736, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________