### **CHAPTER 41—ACCESS TO FEDERAL ELECTRONIC INFORMATION**

Sec.
4101.
Electronic directory; online access to publications; electronic storage facility.
4102.
Fees.
4103.
Biennial report.
4104.
Definition.

#### **Statutory Notes and Related Subsidiaries**

#### Access to Congressionally Mandated Reports

Pub. L. 117–263, div. G, title LXXII, subtitle D, Dec. 23, 2022, 136 Stat. 3677, provided that:

#### "SEC. 7241. SHORT TITLE.

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

#### "SEC. 7242. DEFINITIONS.

"In this subtitle:

"(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) Reports online portal.—The term 'reports online portal' means the online portal established under section 5243(a) [7243(a)].

#### "SEC. 7243. 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 [Dec. 23, 2022], 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 in consultation with the Director of National Intelligence.

"(3) Consultation.—In carrying out this subtitle, 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, that—

"(i) is based on an underlying open data standard that is maintained by a standards organization;

"(ii) allows the full text of the report to be searchable; and

"(iii) is not encumbered by any restrictions that would impede the reuse or searchability of 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 sections 5244 and 5246 [7244 and 7246].

"(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 does not meet the criteria described in subsection (b)(1)(B), the Director shall still include the congressionally mandated report on the reports online portal.

"(d) Deadline.—The Director shall ensure that information required to be published on the reports online portal under this subtitle 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 subtitle 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 subtitle.

"(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 subtitle.

"(h) Submission to Congress.—The submission of a congressionally mandated report to the reports online portal pursuant to this subtitle shall not be construed to satisfy any requirement to submit the congressionally mandated report to Congress, or a committee or subcommittee thereof.

#### "SEC. 7244. FEDERAL AGENCY RESPONSIBILITIES.

"(a) Submission of Electronic Copies of Reports.—Not earlier than 30 days or later than 60 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 5243(b)(1) [7243(b)(1)] with respect to the congressionally mandated report. Notwithstanding section 5246 [7246], nothing in this subtitle 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 [Dec. 23, 2022], the Director of the Office of Management and Budget, in consultation with the Director, shall issue guidance to agencies on the implementation of this subtitle.

"(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 guidance on the implementation of this subtitle issued by the Director of the Office of Management and Budget 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 reports 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. 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 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 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 accordance 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 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 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 containing information that is classified, the public release of which could have a harmful effect on national 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 congressionally mandated report—

"(A) containing information that is law enforcement sensitive; or

"(B) that describe[s] information security policies, procedures, or activities of the executive branch.

"(c) Responsibility for Withholding of Information.—In publishing congressionally mandated reports to the reports online portal in accordance with this subtitle, the head of each Federal agency shall be responsible 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 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 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 Representatives 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 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 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 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 reports online portal.

"(c) Access for Congressional Leadership.—Notwithstanding 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 EFFECTS.

"The budgetary effects of this subtitle, for the purpose 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 Effects of PAYGO Legislation' for this subtitle, 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."