[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2838 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2838

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2021

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

_______________________________________________________________________

                                 A BILL


 
    To require the Director of the Government Publishing Office to 
 establish and maintain 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.

    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) Congressional leadership.--The term ``congressional 
        leadership'' means the Speaker, majority leader, and minority 
        leader of the House of Representatives and the majority leader 
        and minority leader of the Senate.
            (2) Congressionally mandated report.--
                    (A) In general.--The term ``congressionally 
                mandated report'' means a report of a Federal agency 
                that is required by statute to be submitted to either 
                House of Congress or any committee of Congress or 
                subcommittee thereof.
                    (B) Exclusions.--
                            (i) Patriotic and national organizations.--
                        The term ``congressionally mandated report'' 
                        does not include a report required under part B 
                        of subtitle II of title 36, United States Code.
                            (ii) Inspectors general.--The term 
                        ``congressionally mandated report'' does not 
                        include a report by an office of an inspector 
                        general.
                            (iii) National security exception.--The 
                        term ``congressionally mandated report'' does 
                        not include a report that is required to be 
                        submitted to one or more of the following 
                        committees:
                                    (I) The Select Committee on 
                                Intelligence, the Committee on Armed 
                                Services, the Committee on 
                                Appropriations, or the Committee on 
                                Foreign Relations of the Senate.
                                    (II) The Permanent Select Committee 
                                on Intelligence, the Committee on Armed 
                                Services, the Committee on 
                                Appropriations, or the Committee on 
                                Foreign Affairs of the House of 
                                Representatives.
            (3) Director.--The term ``Director'' means the Director of 
        the Government Publishing Office.
            (4) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``federal agency'' under section 102 of 
        title 40, United States Code, but does not include the 
        Government Accountability Office or an element of the 
        intelligence community.
            (5) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            (6) 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.
            (7) 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 congressionally 
        mandated reports in one place.
            (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 congressional leadership, 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) to the extent practicable, 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) 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) of this section is published--
            (1) not later than 30 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 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 provided by the chair 
                of the committee or subcommittee 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 days or later than 45 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. Notwithstanding section 6, 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 180 days after the date of enactment 
of this Act, the Director of the Office of Management and Budget, in 
consultation with the Director, shall issue guidance to agencies on the 
implementation of this Act.
    (c) Structure of Submitted Report Data.--The head of each Federal 
agency shall ensure that each congressionally mandated report submitted 
to the Director complies with the open format criteria established by 
the Director in the guidance issued under subsection (b).
    (d) Point of Contact.--The head of each Federal agency shall 
designate a point of contact for congressionally mandated reports.
    (e) Requirement for Submission.--The Director shall not publish any 
report through the online portal that is received from anyone other 
than the head of the applicable Federal agency, or an officer or 
employee of the Federal agency specifically designated by the head of 
the Federal agency.

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;
            (2) may remove a report from the online portal if the 
        report was submitted to or published on the online portal in 
        error; and
            (3) may withhold information, records, or reports from 
        publication on the online portal in accordance with section 6.

SEC. 6. WITHHOLDING OF INFORMATION.

    (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 that may 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 information 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 online portal, any information, 
        records, or reports that are exempt from public disclosure 
        under section 552 of title 5, United States Code, or that may 
        be withheld under section 552a of title 5, United States Code.
            (2) National security.--Nothing in this Act shall be 
        construed to require the publication, on the online portal or 
        otherwise, of any report containing information that is 
        classified, or the public release of which could have a harmful 
        effect on national security.

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 the Speaker thereof, or 
                Senate, or the President or President Pro Tempore 
                thereof, 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.--To 
        the extent practicable, the Director shall ensure that any 
        congressionally mandated report 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 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.
    (c) Access for Congressional Leadership.--Notwithstanding any 
provision of this Act or any other provision of law, congressional 
leadership shall have access to any congressionally mandated report.

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 Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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