II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Access to Congression5 ally Mandated Reports Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) CONGRESSIONAL LEADERSHIP.—The term 

2 ‘‘congressional leadership’’ means the Speaker, ma3 jority leader, and minority leader of the House of 

4 Representatives and the majority leader and minor5 ity leader of the Senate. 

6 (2) CONGRESSIONALLY MANDATED REPORT.— 

7 (A) IN GENERAL.—The term ‘‘congression8 ally mandated report’’ means a report of a Fed9 eral agency that is required by statute to be 

10 submitted to either House of Congress or any 

11 committee of Congress or subcommittee thereof. 

12 (B) EXCLUSIONS.— 

13 (i) PATRIOTIC AND NATIONAL ORGA14 NIZATIONS.—The term ‘‘congressionally 

15 mandated report’’ does not include a re16 port required under part B of subtitle II of 

17 title 36, United States Code. 

18 (ii) INSPECTORS GENERAL.—The 

19 term ‘‘congressionally mandated report’’ 

20 does not include a report by an office of an 

21 inspector general. 

22 (iii) NATIONAL SECURITY EXCEP23 TION.—The term ‘‘congressionally man24 dated report’’ does not include a report 


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1 that is required to be submitted to one or 

2 more of the following committees: 

3 (I) The Select Committee on In4 telligence, the Committee on Armed 

5 Services, the Committee on Appro6 priations, or the Committee on For7 eign Relations of the Senate. 

8 (II) The Permanent Select Com9 mittee on Intelligence, the Committee 

10 on Armed Services, the Committee on 

11 Appropriations, or the Committee on 

12 Foreign Affairs of the House of Rep13 resentatives. 

14 (3) DIRECTOR.—The term ‘‘Director’’ means 

15 the Director of the Government Publishing Office. 

16 (4) FEDERAL AGENCY.—The term ‘‘Federal 

17 agency’’ has the meaning given the term ‘‘federal 

18 agency’’ under section 102 of title 40, United States 

19 Code, but does not include the Government Account20 ability Office or an element of the intelligence com21 munity. 

22 (5) INTELLIGENCE COMMUNITY.—The term 

23 ‘‘intelligence community’’ has the meaning given 

24 that term in section 3 of the National Security Act 

25 of 1947 (50 U.S.C. 3003). 


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1 (6) OPEN FORMAT.—The term ‘‘open format’’ 

2 means a file format for storing digital data based on 

3 an underlying open standard that— 

4 (A) is not encumbered by any restrictions 

5 that would impede reuse; and 

6 (B) is based on an underlying open data 

7 standard that is maintained by a standards or8 ganization. 

9 (7) REPORTS ONLINE PORTAL.—The term ‘‘re10 ports online portal’’ means the online portal estab11 lished under section 3(a). 

12 SEC. 3. ESTABLISHMENT OF ONLINE PORTAL FOR CON13 GRESSIONALLY MANDATED REPORTS. 

14 (a) REQUIREMENT TO ESTABLISH ONLINE POR15 TAL.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this Act, the Director shall 

18 establish and maintain an online portal accessible by 

19 the public that allows the public to obtain electronic 

20 copies of congressionally mandated reports in one 

21 place. 

22 (2) EXISTING FUNCTIONALITY.—To the extent 

23 possible, the Director shall meet the requirements 

24 under paragraph (1) by using existing online portals 


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1 and functionality under the authority of the Direc2 tor. 

3 (3) CONSULTATION.—In carrying out this Act, 

4 the Director shall consult with congressional leader5 ship, the Clerk of the House of Representatives, the 

6 Secretary of the Senate, and the Librarian of Con7 gress regarding the requirements for and mainte8 nance of congressionally mandated reports on the re9 ports online portal. 

10 (b) CONTENT AND FUNCTION.—The Director shall 

11 ensure that the reports online portal includes the fol12 lowing: 

13 (1) Subject to subsection (c), with respect to 

14 each congressionally mandated report, each of the 

15 following: 

16 (A) A citation to the statute requiring the 

17 report. 

18 (B) An electronic copy of the report, in19 cluding any transmittal letter associated with 

20 the report, in an open format that is platform 

21 independent and that is available to the public 

22 without restrictions, including restrictions that 

23 would impede the re-use of the information in 

24 the report. 


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1 (C) The ability to retrieve a report, to the 

2 extent practicable, through searches based on 

3 each, and any combination, of the following: 

4 (i) The title of the report. 

5 (ii) The reporting Federal agency. 

6 (iii) The date of publication. 

7 (iv) Each congressional committee or 

8 subcommittee receiving the report, if appli9 cable. 

10 (v) The statute requiring the report. 

11 (vi) Subject tags. 

12 (vii) A unique alphanumeric identifier 

13 for the report that is consistent across re14 port editions. 

15 (viii) The serial number, Super16 intendent of Documents number, or other 

17 identification number for the report, if ap18 plicable. 

19 (ix) Key words. 

20 (x) Full text search. 

21 (xi) Any other relevant information 

22 specified by the Director. 

23 (D) The date on which the report was re24 quired to be submitted, and on which the report 

25 was submitted, to the reports online portal. 


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1 (E) To the extent practicable, a permanent 

2 means of accessing the report electronically. 

3 (2) A means for bulk download of all congres4 sionally mandated reports. 

5 (3) A means for downloading individual reports 

6 as the result of a search. 

7 (4) An electronic means for the head of each 

8 Federal agency to submit to the reports online por9 tal each congressionally mandated report of the 

10 agency, as required by section 4. 

11 (5) In tabular form, a list of all congressionally 

12 mandated reports that can be searched, sorted, and 

13 downloaded by— 

14 (A) reports submitted within the required 

15 time; 

16 (B) reports submitted after the date on 

17 which such reports were required to be sub18 mitted; and 

19 (C) to the extent practicable, reports not 

20 submitted. 

21 (c) NONCOMPLIANCE BY FEDERAL AGENCIES.— 

22 (1) REPORTS NOT SUBMITTED.—If a Federal 

23 agency does not submit a congressionally mandated 

24 report to the Director, the Director shall to the ex25 tent practicable— 


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1 (A) include on the reports online portal— 

2 (i) the information required under 

3 clauses (i), (ii), (iv), and (v) of subsection 

4 (b)(1)(C); and 

5 (ii) the date on which the report was 

6 required to be submitted; and 

7 (B) include the congressionally mandated 

8 report on the list described in subsection 

9 (b)(5)(C). 

10 (2) REPORTS NOT IN OPEN FORMAT.—If a Fed11 eral agency submits a congressionally mandated re12 port that is not in an open format, the Director shall 

13 include the congressionally mandated report in an14 other format on the reports online portal. 

15 (d) DEADLINE.—The Director shall ensure that in16 formation required to be published on the online portal 

17 under this Act with respect to a congressionally mandated 

18 report or information required under subsection (c) of this 

19 section is published— 

20 (1) not later than 30 days after the information 

21 is received from the Federal agency involved; or 

22 (2) in the case of information required under 

23 subsection (c), not later than 30 days after the 

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1 volved to submit information with respect to the con2 gressionally mandated report involved. 

3 (e) EXCEPTION FOR CERTAIN REPORTS.— 

4 (1) EXCEPTION DESCRIBED.—A congressionally 

5 mandated report which is required by statute to be 

6 submitted to a committee of Congress or a sub7 committee thereof, including any transmittal letter 

8 associated with the report, shall not be submitted to 

9 or published on the reports online portal if the chair 

10 of a committee or subcommittee to which the report 

11 is submitted notifies the Director in writing that the 

12 report is to be withheld from submission and publi13 cation under this Act. 

14 (2) NOTICE ON PORTAL.—If a report is with15 held from submission to or publication on the re16 ports online portal under paragraph (1), the Direc17 tor shall post on the portal— 

18 (A) a statement that the report is withheld 

19 at the request of a committee or subcommittee 

20 involved; and 

21 (B) the written notification provided by the 

22 chair of the committee or subcommittee speci23 fied in paragraph (1). 


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1 (f) FREE ACCESS.—The Director may not charge a 

2 fee, require registration, or impose any other limitation 

3 in exchange for access to the reports online portal. 

4 (g) UPGRADE CAPABILITY.—The reports online por5 tal shall be enhanced and updated as necessary to carry 

6 out the purposes of this Act. 

7 SEC. 4. FEDERAL AGENCY RESPONSIBILITIES. 

8 (a) SUBMISSION OF ELECTRONIC COPIES OF RE9 PORTS.—Not earlier than 30 days or later than 45 days 

10 after the date on which a congressionally mandated report 

11 is submitted to either House of Congress or to any com12 mittee of Congress or subcommittee thereof, the head of 

13 the Federal agency submitting the congressionally man14 dated report shall submit to the Director the information 

15 required under subparagraphs (A) through (D) of section 

16 3(b)(1) with respect to the congressionally mandated re17 port. Notwithstanding section 6, nothing in this Act shall 

18 relieve a Federal agency of any other requirement to pub19 lish the congressionally mandated report on the online por20 tal of the Federal agency or otherwise submit the congres21 sionally mandated report to Congress or specific commit22 tees of Congress, or subcommittees thereof. 

23 (b) GUIDANCE.—Not later than 180 days after the 

24 date of enactment of this Act, the Director of the Office 

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1 rector, shall issue guidance to agencies on the implementa2 tion of this Act. 

3 (c) STRUCTURE OF SUBMITTED REPORT DATA.— 

4 The head of each Federal agency shall ensure that each 

5 congressionally mandated report submitted to the Director 

6 complies with the open format criteria established by the 

7 Director in the guidance issued under subsection (b). 

8 (d) POINT OF CONTACT.—The head of each Federal 

9 agency shall designate a point of contact for congression10 ally mandated reports. 

11 (e) REQUIREMENT FOR SUBMISSION.—The Director 

12 shall not publish any report through the online portal that 

13 is received from anyone other than the head of the applica14 ble Federal agency, or an officer or employee of the Fed15 eral agency specifically designated by the head of the Fed16 eral agency. 

17 SEC. 5. CHANGING OR REMOVING REPORTS. 

18 (a) LIMITATION ON AUTHORITY TO CHANGE OR RE19 MOVE REPORTS.—Except as provided in subsection (b), 

20 the head of the Federal agency concerned may change or 

21 remove a congressionally mandated report submitted to be 

22 published on the reports online portal only if— 

23 (1) the head of the Federal agency consults 

24 with each committee of Congress or subcommittee 

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1 mitted (or, in the case of a report which is not re2 quired to be submitted to a particular committee of 

3 Congress or subcommittee thereof, to each com4 mittee with jurisdiction over the agency, as deter5 mined by the head of the agency in consultation with 

6 the Speaker of the House of Representatives and the 

7 President pro tempore of the Senate) prior to chang8 ing or removing the report; and 

9 (2) a joint resolution is enacted to authorize the 

10 change in or removal of the report. 

11 (b) EXCEPTIONS.—Notwithstanding subsection (a), 

12 the head of the Federal agency concerned— 

13 (1) may make technical changes to a report 

14 submitted to or published on the online portal; 

15 (2) may remove a report from the online portal 

16 if the report was submitted to or published on the 

17 online portal in error; and 

18 (3) may withhold information, records, or re19 ports from publication on the online portal in ac20 cordance with section 6. 

21 SEC. 6. WITHHOLDING OF INFORMATION. 

22 (a) IN GENERAL.—Nothing in this Act shall be con23 strued to— 

24 (1) require the disclosure of information, 

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1 closure under section 552 of title 5, United States 

2 Code, or that may be withheld under section 552a 

3 of title 5, United States Code; or 

4 (2) impose any affirmative duty on the Director 

5 to review congressionally mandated reports sub6 mitted for publication to the reports online portal 

7 for the purpose of identifying and redacting such in8 formation or records. 

9 (b) WITHHOLDING OF INFORMATION.— 

10 (1) IN GENERAL.—Consistent with subsection 

11 (a)(1), the head of a Federal agency may withhold 

12 from the Director, and from publication on the on13 line portal, any information, records, or reports that 

14 are exempt from public disclosure under section 552 

15 of title 5, United States Code, or that may be with16 held under section 552a of title 5, United States 

17 Code. 

18 (2) NATIONAL SECURITY.—Nothing in this Act 

19 shall be construed to require the publication, on the 

20 online portal or otherwise, of any report containing 

21 information that is classified, or the public release of 

22 which could have a harmful effect on national secu23 rity. 

24 SEC. 7. IMPLEMENTATION. 

25 (a) REPORTS SUBMITTED TO CONGRESS.— 


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1 (1) IN GENERAL.—This Act shall apply with re2 spect to any congressionally mandated report 

3 which— 

4 (A) is required by statute to be submitted 

5 to the House of Representatives, or the Speaker 

6 thereof, or Senate, or the President or Presi7 dent Pro Tempore thereof, at any time before, 

8 on, or after the date of the enactment of this 

9 Act; or 

10 (B) is included by the Clerk of the House 

11 of Representatives or the Secretary of the Sen12 ate (as the case may be) on the list of reports 

13 received by the House of Representatives or 

14 Senate (as the case may be) at any time before 

15 the date of the enactment of this Act. 

16 (2) TRANSITION RULE FOR PREVIOUSLY SUB17 MITTED REPORTS.—To the extent practicable, the 

18 Director shall ensure that any congressionally man19 dated report described in paragraph (1) which was 

20 required to be submitted to Congress by a statute 

21 enacted before the date of the enactment of this Act 

22 is published on the online portal under this Act not 

23 later than 1 year after the date of the enactment of 

24 this Act. 


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1 (b) REPORTS SUBMITTED TO COMMITTEES.—In the 

2 case of congressionally mandated reports which are re3 quired by statute to be submitted to a committee of Con4 gress or a subcommittee thereof, this Act shall apply with 

5 respect to— 

6 (1) any such report which is first required to be 

7 submitted by a statute which is enacted on or after 

8 the date of the enactment of this Act; and 

9 (2) to the maximum extent practical, any con10 gressionally mandated report which was required to 

11 be submitted by a statute enacted before the date of 

12 enactment of this Act unless— 

13 (A) the chair of the committee, or sub14 committee thereof, to which the report was re15 quired to be submitted notifies the Director in 

16 writing that the report is to be withheld from 

17 publication; and 

18 (B) the Director publishes the notification 

19 on the online portal. 

20 (c) ACCESS FOR CONGRESSIONAL LEADERSHIP.— 

21 Notwithstanding any provision of this Act or any other 

22 provision of law, congressional leadership shall have access 

23 to any congressionally mandated report. 


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1 SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go-Act of 2010, 

4 shall be determined by reference to the latest statement 

5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the Senate Budget Committee, pro8 vided that such statement has been submitted prior to the 

9 vote on passage. 

Æ 


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