II 

Calendar No. 363 

117TH CONGRESS 

2D SESSION S. 2838 

[Report No. 117–106] 

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, Ms. HASSAN, Ms. 

ROSEN, and Mr. WARNOCK) introduced the following bill; which was read 

twice and referred to the Committee on Homeland Security and Governmental Affairs 

MAY 5, 2022 

Reported by Mr. PETERS, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Access to Congression3 ally Mandated Reports Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) CONGRESSIONAL LEADERSHIP.—The term 

7 ‘‘congressional leadership’’ means the Speaker, ma8 jority leader, and minority leader of the House of 

9 Representatives and the majority leader and minor10 ity leader of the Senate. 

11 (2) CONGRESSIONALLY MANDATED REPORT.— 

12 (A) IN GENERAL.—The term ‘‘congression13 ally mandated report’’ means a report of a Fed14 eral agency that is required by statute to be 

15 submitted to either House of Congress or any 

16 committee of Congress or subcommittee thereof. 

17 (B) EXCLUSIONS.— 

18 (i) PATRIOTIC AND NATIONAL ORGA19 NIZATIONS.—The term ‘‘congressionally 

20 mandated report’’ does not include a re21 port required under part B of subtitle II of 

22 title 36, United States Code. 

23 (ii) INSPECTORS GENERAL.—The 

24 term ‘‘congressionally mandated report’’ 

25 does not include a report by an office of an 

26 inspector general. 


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1 (iii) NATIONAL SECURITY EXCEP2 TION.—The term ‘‘congressionally man3 dated report’’ does not include a report 

4 that is required to be submitted to one or 

5 more of the following committees: 

6 (I) The Select Committee on In7 telligence, the Committee on Armed 

8 Services, the Committee on Appro9 priations, or the Committee on For10 eign Relations of the Senate. 

11 (II) The Permanent Select Com12 mittee on Intelligence, the Committee 

13 on Armed Services, the Committee on 

14 Appropriations, or the Committee on 

15 Foreign Affairs of the House of Rep16 resentatives. 

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

18 the Director of the Government Publishing Office. 

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

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

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

22 Code, but does not include the Government Account23 ability Office or an element of the intelligence com24 munity. 


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1 (5) INTELLIGENCE COMMUNITY.—The term 

2 ‘‘intelligence community’’ has the meaning given 

3 that term in section 3 of the National Security Act 

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

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

6 means a file format for storing digital data based on 

7 an underlying open standard that— 

8 (A) is not encumbered by any restrictions 

9 that would impede reuse; and 

10 (B) is based on an underlying open data 

11 standard that is maintained by a standards or12 ganization. 

13 (7) REPORTS ONLINE PORTAL.—The term ‘‘re14 ports online portal’’ means the online portal estab15 lished under section 3(a). 

16 SEC. 3. ESTABLISHMENT OF ONLINE PORTAL FOR CON17 GRESSIONALLY MANDATED REPORTS. 

18 (a) REQUIREMENT TO ESTABLISH ONLINE POR19 TAL.— 

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

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

22 establish and maintain an online portal accessible by 

23 the public that allows the public to obtain electronic 

24 copies of congressionally mandated reports in one 

25 place. 


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1 (2) EXISTING FUNCTIONALITY.—To the extent 

2 possible, the Director shall meet the requirements 

3 under paragraph (1) by using existing online portals 

4 and functionality under the authority of the Direc5 tor. 

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

7 the Director shall consult with congressional leader8 ship, the Clerk of the House of Representatives, the 

9 Secretary of the Senate, and the Librarian of Con10 gress regarding the requirements for and mainte11 nance of congressionally mandated reports on the re12 ports online portal. 

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

14 ensure that the reports online portal includes the fol15 lowing: 

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

17 each congressionally mandated report, each of the 

18 following: 

19 (A) A citation to the statute requiring the 

20 report. 

21 (B) An electronic copy of the report, in22 cluding any transmittal letter associated with 

23 the report, in an open format that is platform 

24 independent and that is available to the public 

25 without restrictions, including restrictions that 


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1 would impede the re-use of the information in 

2 the report. 

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

4 extent practicable, through searches based on 

5 each, and any combination, of the following: 

6 (i) The title of the report. 

7 (ii) The reporting Federal agency. 

8 (iii) The date of publication. 

9 (iv) Each congressional committee or 

10 subcommittee receiving the report, if appli11 cable. 

12 (v) The statute requiring the report. 

13 (vi) Subject tags. 

14 (vii) A unique alphanumeric identifier 

15 for the report that is consistent across re16 port editions. 

17 (viii) The serial number, Super18 intendent of Documents number, or other 

19 identification number for the report, if ap20 plicable. 

21 (ix) Key words. 

22 (x) Full text search. 

23 (xi) Any other relevant information 

24 specified by the Director. 


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1 (D) The date on which the report was re2 quired to be submitted, and on which the report 

3 was submitted, to the reports online portal. 

4 (E) To the extent practicable, a permanent 

5 means of accessing the report electronically. 

6 (2) A means for bulk download of all congres7 sionally mandated reports. 

8 (3) A means for downloading individual reports 

9 as the result of a search. 

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

11 Federal agency to submit to the reports online por12 tal each congressionally mandated report of the 

13 agency, as required by section 4. 

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

15 mandated reports that can be searched, sorted, and 

16 downloaded by— 

17 (A) reports submitted within the required 

18 time; 

19 (B) reports submitted after the date on 

20 which such reports were required to be sub21 mitted; and 

22 (C) to the extent practicable, reports not 

23 submitted. 

24 (c) NONCOMPLIANCE BY FEDERAL AGENCIES.— 


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

2 agency does not submit a congressionally mandated 

3 report to the Director, the Director shall to the ex4 tent practicable— 

5 (A) include on the reports online portal— 

6 (i) the information required under 

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

8 (b)(1)(C); and 

9 (ii) the date on which the report was 

10 required to be submitted; and 

11 (B) include the congressionally mandated 

12 report on the list described in subsection 

13 (b)(5)(C). 

14 (2) REPORTS NOT IN OPEN FORMAT.—If a Fed15 eral agency submits a congressionally mandated re16 port that is not in an open format, the Director shall 

17 include the congressionally mandated report in an18 other format on the reports online portal. 

19 (d) DEADLINE.—The Director shall ensure that in20 formation required to be published on the online portal 

21 under this Act with respect to a congressionally mandated 

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

23 section is published— 

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

25 is received from the Federal agency involved; or 


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1 (2) in the case of information required under 

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

3 deadline under this Act for the Federal agency in4 volved to submit information with respect to the con5 gressionally mandated report involved. 

6 (e) EXCEPTION FOR CERTAIN REPORTS.— 

7 (1) EXCEPTION DESCRIBED.—A congressionally 

8 mandated report which is required by statute to be 

9 submitted to a committee of Congress or a sub10 committee thereof, including any transmittal letter 

11 associated with the report, shall not be submitted to 

12 or published on the reports online portal if the chair 

13 of a committee or subcommittee to which the report 

14 is submitted notifies the Director in writing that the 

15 report is to be withheld from submission and publi16 cation under this Act. 

17 (2) NOTICE ON PORTAL.—If a report is with18 held from submission to or publication on the re19 ports online portal under paragraph (1), the Direc20 tor shall post on the portal— 

21 (A) a statement that the report is withheld 

22 at the request of a committee or subcommittee 

23 involved; and 


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1 (B) the written notification provided by the 

2 chair of the committee or subcommittee speci3 fied in paragraph (1). 

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

5 fee, require registration, or impose any other limitation 

6 in exchange for access to the reports online portal. 

7 (g) UPGRADE CAPABILITY.—The reports online por8 tal shall be enhanced and updated as necessary to carry 

9 out the purposes of this Act. 

10 SEC. 4. FEDERAL AGENCY RESPONSIBILITIES. 

11 (a) SUBMISSION OF ELECTRONIC COPIES OF RE12 PORTS.—Not earlier than 30 days or later than 45 days 

13 after the date on which a congressionally mandated report 

14 is submitted to either House of Congress or to any com15 mittee of Congress or subcommittee thereof, the head of 

16 the Federal agency submitting the congressionally man17 dated report shall submit to the Director the information 

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

19 3(b)(1) with respect to the congressionally mandated re20 port. Notwithstanding section 6, nothing in this Act shall 

21 relieve a Federal agency of any other requirement to pub22 lish the congressionally mandated report on the online por23 tal of the Federal agency or otherwise submit the congres24 sionally mandated report to Congress or specific commit25 tees of Congress, or subcommittees thereof. 


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

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

3 of Management and Budget, in consultation with the Di4 rector, shall issue guidance to agencies on the implementa5 tion of this Act. 

6 (c) STRUCTURE OF SUBMITTED REPORT DATA.— 

7 The head of each Federal agency shall ensure that each 

8 congressionally mandated report submitted to the Director 

9 complies with the open format criteria established by the 

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

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

12 agency shall designate a point of contact for congression13 ally mandated reports. 

14 (e) REQUIREMENT FOR SUBMISSION.—The Director 

15 shall not publish any report through the online portal that 

16 is received from anyone other than the head of the applica17 ble Federal agency, or an officer or employee of the Fed18 eral agency specifically designated by the head of the Fed19 eral agency. 

20 SEC. 5. CHANGING OR REMOVING REPORTS. 

21 (a) LIMITATION ON AUTHORITY TO CHANGE OR RE22 MOVE REPORTS.—Except as provided in subsection (b), 

23 the head of the Federal agency concerned may change or 

24 remove a congressionally mandated report submitted to be 

25 published on the reports online portal only if— 


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1 (1) the head of the Federal agency consults 

2 with each committee of Congress or subcommittee 

3 thereof to which the report is required to be sub4 mitted (or, in the case of a report which is not re5 quired to be submitted to a particular committee of 

6 Congress or subcommittee thereof, to each com7 mittee with jurisdiction over the agency, as deter8 mined by the head of the agency in consultation with 

9 the Speaker of the House of Representatives and the 

10 President pro tempore of the Senate) prior to chang11 ing or removing the report; and 

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

13 change in or removal of the report. 

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

15 the head of the Federal agency concerned— 

16 (1) may make technical changes to a report 

17 submitted to or published on the online portal; 

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

19 if the report was submitted to or published on the 

20 online portal in error; and 

21 (3) may withhold information, records, or re22 ports from publication on the online portal in ac23 cordance with section 6. 


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1 SEC. 6. WITHHOLDING OF INFORMATION. 

2 (a) IN GENERAL.—Nothing in this Act shall be con3 strued to— 

4 (1) require the disclosure of information, 

5 records, or reports that are exempt from public dis6 closure under section 552 of title 5, United States 

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

8 of title 5, United States Code; or 

9 (2) impose any affirmative duty on the Director 

10 to review congressionally mandated reports sub11 mitted for publication to the reports online portal 

12 for the purpose of identifying and redacting such in13 formation or records. 

14 (b) WITHHOLDING OF INFORMATION.— 

15 (1) IN GENERAL.—Consistent with subsection 

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

17 from the Director, and from publication on the on18 line portal, any information, records, or reports that 

19 are exempt from public disclosure under section 552 

20 of title 5, United States Code, or that may be with21 held under section 552a of title 5, United States 

22 Code. 

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

24 shall be construed to require the publication, on the 

25 online portal or otherwise, of any report containing 

26 information that is classified, or the public release of 


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1 which could have a harmful effect on national secu2 rity. 

3 SEC. 7. IMPLEMENTATION. 

4 (a) REPORTS SUBMITTED TO CONGRESS.— 

5 (1) IN GENERAL.—This Act shall apply with re6 spect to any congressionally mandated report 

7 which— 

8 (A) is required by statute to be submitted 

9 to the House of Representatives, or the Speaker 

10 thereof, or Senate, or the President or Presi11 dent Pro Tempore thereof, at any time before, 

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

13 Act; or 

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

15 of Representatives or the Secretary of the Sen16 ate (as the case may be) on the list of reports 

17 received by the House of Representatives or 

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

19 the date of the enactment of this Act. 

20 (2) TRANSITION RULE FOR PREVIOUSLY SUB21 MITTED REPORTS.—To the extent practicable, the 

22 Director shall ensure that any congressionally man23 dated report described in paragraph (1) which was 

24 required to be submitted to Congress by a statute 

25 enacted before the date of the enactment of this Act 


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1 is published on the online portal under this Act not 

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

3 this Act. 

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

5 case of congressionally mandated reports which are re6 quired by statute to be submitted to a committee of Con7 gress or a subcommittee thereof, this Act shall apply with 

8 respect to— 

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

10 submitted by a statute which is enacted on or after 

11 the date of the enactment of this Act; and 

12 (2) to the maximum extent practical, any con13 gressionally mandated report which was required to 

14 be submitted by a statute enacted before the date of 

15 enactment of this Act unless— 

16 (A) the chair of the committee, or sub17 committee thereof, to which the report was re18 quired to be submitted notifies the Director in 

19 writing that the report is to be withheld from 

20 publication; and 

21 (B) the Director publishes the notification 

22 on the online portal. 

23 (c) ACCESS FOR CONGRESSIONAL LEADERSHIP.— 

24 Notwithstanding any provision of this Act or any other 


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1 provision of law, congressional leadership shall have access 

2 to any congressionally mandated report. 

3 SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. 

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

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

6 shall be determined by reference to the latest statement 

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

8 Act, submitted for printing in the Congressional Record 

9 by the Chairman of the Senate Budget Committee, pro10 vided that such statement has been submitted prior to the 

11 vote on passage. 


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Calendar No. 363 

117TH CONGRESS 

2D SESSION S. 2838 

[Report No. 117–106] 

A BILL 

To require the Director of the Government Pubother purposes. sionally mandated reports in one place, and for public to obtain electronic copies of all congres- portal accessible to the public that allows the lishing Office to establish and maintain an online 

MAY 5, 2022 

Reported without amendment 


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