Access to Congressionally Mandated Reports Act
This bill requires the Government Publishing Office (GPO) to establish and maintain a publicly available online portal containing copies of all congressionally mandated reports other than those required to be submitted to the House or Senate Committees on Intelligence, Armed Services, Appropriations, or Foreign Relations. A federal agency must submit a congressionally mandated report and specified information about the report to the GPO between 30 and 45 days after submission of the report to either chamber or to any congressional committee or subcommittee.
Upon the written request of the chair of a congressional committee or subcommittee to the GPO, a report submitted to that committee or subcommittee shall not be submitted or published on the portal.
Federally chartered corporations, the Government Accountability Office, and any elements of the intelligence community are excluded from the requirements of this bill.
The Office of Management and Budget must issue guidance to federal agencies on the bill's requirement for agencies to submit copies of congressionally mandated reports and related information to the GPO.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2838 Introduced in Senate (IS)]
<DOC>
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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters without amendment. With written report No. 117-106.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters without amendment. With written report No. 117-106.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 363.
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