44 U.S.C. § 4101 — Electronic directory; online access to pub-

Page 222 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 4101 ‘‘(e) REQUIREMENT FOR SUBMISSION.—The Director shall not publish any report through the reports online portal that is received from anyone other than the head of the applicable Federal agency, or an officer or em- ployee of the Federal agency specifically designated by the head of the Federal agency. ‘‘SEC. 7245. 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 sub- mitted to a particular committee of Congress or sub- committee thereof, to each committee with jurisdic- tion 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 tem- pore 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 sub- mitted to or published on the reports online portal; ‘‘(2) may remove a report from the reports online portal if the report was submitted to or published on the reports online portal in error; and ‘‘(3) may withhold information, records, or reports from publication on the reports online portal in ac- cordance with section 5246 [7246]. ‘‘SEC. 7246. WITHHOLDING OF INFORMATION. ‘‘(a) IN GENERAL.—Nothing in this subtitle shall be construed to— ‘‘(1) require the disclosure of information, records, or reports that are exempt from public disclosure under section 552 of title 5, United States Code, or that are required to be withheld under section 552a of title 5, United States Code; or ‘‘(2) impose any affirmative duty on the Director to review congressionally mandated reports submitted for publication to the reports online portal for the purpose of identifying and redacting such informa- tion or records. ‘‘(b) WITHHOLDING OF INFORMATION.— ‘‘(1) IN GENERAL.—Consistent with subsection (a)(1), the head of a Federal agency may withhold from the Director, and from publication on the reports online portal, any information, records, or reports that are exempt from public disclosure under section 552 of title 5, United States Code, or that are required to be withheld under section 552a of title 5, United States Code. ‘‘(2) NATIONAL SECURITY.—Nothing in this subtitle shall be construed to require the publication, on the reports online portal or otherwise, of any report con- taining information that is classified, the public re- lease of which could have a harmful effect on na- tional security, or that is otherwise prohibited. ‘‘(3) LAW ENFORCEMENT SENSITIVE.—Nothing in this subtitle shall be construed to require the publication on the reports online portal or otherwise of any con- gressionally mandated report— ‘‘(A) containing information that is law enforce- ment sensitive; or ‘‘(B) that describe[s] information security poli- cies, procedures, or activities of the executive branch. ‘‘(c) RESPONSIBILITY FOR WITHHOLDING OF INFORMA- TION.—In publishing congressionally mandated reports to the reports online portal in accordance with this subtitle, the head of each Federal agency shall be re- sponsible for withholding information pursuant to the requirements of this section. ‘‘SEC. 7247. IMPLEMENTATION. ‘‘(a) REPORTS SUBMITTED TO CONGRESS.— ‘‘(1) IN GENERAL.—This subtitle shall apply with re- spect to any congressionally mandated report which— ‘‘(A) is required by statute to be submitted to the House of Representatives, or the Speaker thereof, or the Senate, or the President or President Pro Tempore thereof, at any time on or after the date of the enactment of this Act [Dec. 23, 2022]; or ‘‘(B) is included by the Clerk of the House of Rep- resentatives or the Secretary of the Senate (as the case may be) on the list of reports received by the House of Representatives or the Senate (as the case may be) at any time on or after the date of the en- actment of this Act. ‘‘(2) TRANSITION RULE FOR PREVIOUSLY SUBMITTED REPORTS.—To the extent practicable, the Director shall ensure that any congressionally mandated re- port described in paragraph (1) which was required to be submitted to Congress by a statute enacted before the date of the enactment of this Act is published on the reports online portal under this subtitle. ‘‘(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 subtitle 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 congres- sionally mandated report which was required to be submitted by a statute enacted before the date of en- actment of this Act unless— ‘‘(A) the chair of the committee, or subcommittee thereof, to which the report was required to be sub- mitted notifies the Director in writing that the re- port is to be withheld from publication; and ‘‘(B) the Director publishes the notification on the reports online portal. ‘‘(c) ACCESS FOR CONGRESSIONAL LEADERSHIP.—Not- withstanding any provision of this subtitle or any other provision of law, congressional leadership shall have access to any congressionally mandated report. ‘‘SEC. 7248. DETERMINATION OF BUDGETARY EF- FECTS. ‘‘The budgetary effects of this subtitle, for the pur- pose of complying with the Statutory Pay-As-You-Go- Act of 2010 [2 U.S.C. 931 et seq.], shall be determined by reference to the latest statement titled ‘Budgetary Ef- fects of PAYGO Legislation’ for this subtitle, sub- mitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.’’ § 4101. Electronic directory; online access to pub- lications; electronic storage facility (a) IN GENERAL.—The Superintendent of Docu- ments, under the direction of the Director of the Government Publishing Office, shall— (1) maintain an electronic directory of Fed- eral electronic information; (2) provide a system of online access to the Congressional Record, the Federal Register, and, as determined by the Superintendent of Documents, other appropriate publications distributed by the Superintendent of Docu- ments; and (3) operate an electronic storage facility for Federal electronic information to which on- line access is made available under paragraph (2). (b) DEPARTMENTAL REQUESTS.—To the extent practicable, the Superintendent of Documents shall accommodate any request by the head of a department or agency to include in the system Page 223 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 4104 of access referred to in subsection (a)(2) informa- tion that is under the control of the department or agency involved. (c) CONSULTATION.—In carrying out this sec- tion, the Superintendent of Documents shall consult— (1) users of the directory and the system of access provided for under subsection (a); and (2) other providers of similar information services. The purpose of such consultation shall be to as- sess the quality and value of the directory and the system, in light of user needs. (Added Pub. L. 103–40, § 2(a), June 8, 1993, 107 Stat. 112; amended Pub. L. 113–235, div. H, title I, § 1301(c)(1), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–235 substituted ‘‘Direc- tor of the Government Publishing Office’’ for ‘‘Public Printer’’ in introductory provisions. Statutory Notes and Related Subsidiaries STATUS REPORT Pub. L. 103–40, § 3, June 8, 1993, 107 Stat. 113, required the Public Printer to submit a report to Congress on the status of the directory, the system of access, and the electronic storage facility referred to in section 4101 of this title by June 30, 1994. OPERATIONAL DEADLINE Pub. L. 103–40, § 4(a), June 8, 1993, 107 Stat. 113, pro- vided that: ‘‘The directory, the system of access, and the electronic storage facility referred to in section 4101 of title 44, United States Code, as added by section 2(a), shall be operational not later than one year after the date of the enactment of this Act [June 8, 1993].’’ § 4102. Fees (a) IN GENERAL.—The Superintendent of Docu- ments, under the direction of the Director of the Government Publishing Office, may charge rea- sonable fees for use of the directory and the sys- tem of access provided for under section 4101, ex- cept that use of the directory and the system shall be made available to depository libraries without charge. The fees received shall be treat- ed in the same manner as moneys received from sale of documents under section 1702 of this title. (b) COST RECOVERY.—The fees charged under this section shall be set so as to recover the in- cremental cost of dissemination of the informa- tion involved, with the cost to be computed without regard to section 1708 of this title. (Added Pub. L. 103–40, § 2(a), June 8, 1993, 107 Stat. 113; amended Pub. L. 113–235, div. H, title I, § 1301(c)(1), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–235 substituted ‘‘Direc- tor of the Government Publishing Office’’ for ‘‘Public Printer’’. § 4103. Biennial report Not later than December 31 of each odd-num- bered year, the Director of the Government Pub- lishing Office shall submit to the Congress, with respect to the two preceding fiscal years, a re- port on the directory, the system of access, and the electronic storage facility referred to in sec- tion 4101(a). The report shall include a descrip- tion of the functions involved, including a state- ment of cost savings in comparison with tradi- tional forms of information distribution. (Added Pub. L. 103–40, § 2(a), June 8, 1993, 107 Stat. 113; amended Pub. L. 113–235, div. H, title I, § 1301(c)(1), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–235 substituted ‘‘Director of the Government Publishing Office’’ for ‘‘Public Printer’’. Statutory Notes and Related Subsidiaries FIRST BIENNIAL REPORT Pub. L. 103–40, § 4(b), June 8, 1993, 107 Stat. 114, pro- vided that: ‘‘The first report referred to in section 4103 of title 44, United States Code, as added by section 2(a), shall be submitted not later than December 31, 1995.’’ § 4104. Definition As used in this chapter, the term ‘‘Federal electronic information’’ means Federal public information stored electronically. (Added Pub. L. 103–40, § 2(a), June 8, 1993, 107 Stat. 113.)