[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5150 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5150
To amend the Ethics in Government Act of 1978, the Rules of the House
of Representatives, the Lobbying Disclosure Act of 1995, the
Legislative Reorganization Act of 1946, the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009, the Internal Revenue
Code of 1986, the Foreign Agents Registration Act of 1938, the
Financial Stability Act of 2010, and the Federal Funding Accountability
and Transparency Act of 2006 to improve access to information in the
legislative and executive branches of the Government, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2019
Mr. Quigley introduced the following bill; which was referred to the
Committee on Oversight and Reform, and in addition to the Committees on
Rules, House Administration, the Judiciary, Ethics, Financial Services,
and the Budget, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Ethics in Government Act of 1978, the Rules of the House
of Representatives, the Lobbying Disclosure Act of 1995, the
Legislative Reorganization Act of 1946, the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009, the Internal Revenue
Code of 1986, the Foreign Agents Registration Act of 1938, the
Financial Stability Act of 2010, and the Federal Funding Accountability
and Transparency Act of 2006 to improve access to information in the
legislative and executive branches of the Government, 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 ``Transparency in Government Act of
2019''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--IMPROVING ACCESS TO INFORMATION ABOUT MEMBERS OF CONGRESS AND
CONGRESSIONAL OFFICES
Sec. 101. Greater disclosure and electronic filing of personal
financial information.
Sec. 102. Greater disclosure of travel reports.
Sec. 103. Greater disclosure of gift reports.
Sec. 104. Greater disclosure of earmarks.
Sec. 105. GAO study and report on effects of written requests by
Members of Congress for funding of
projects.
TITLE II--ENHANCING PUBLIC ACCESS TO THE WORK OF CONGRESSIONAL
COMMITTEES, LEGISLATION, AND VOTES
Subtitle A--Access to Legislation, Votes, and Related Information
Sec. 201. Increased transparency of committee work.
Sec. 202. Increased transparency of recorded votes.
Sec. 203. Electronic format.
Sec. 204. Congressional Data Task Force.
Sec. 205. Use of data standards by congressional support offices.
Sec. 206. Inclusion of digital version of funding tables in reports
accompanying appropriations bills.
Sec. 207. Select Committee on the Modernization of Congress.
Sec. 208. Expanded information in House staff directory.
Sec. 209. Publication of United States Capitol Police arrest
information.
Subtitle B--Access to Congressionally Mandated Reports
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Establishment of online portal for congressionally mandated
reports.
Sec. 214. Federal agency responsibilities.
Sec. 215. Changing or removing reports.
Sec. 216. Relationship to the Freedom of Information Act.
Sec. 217. Implementation.
Sec. 218. Determination of budgetary effects.
TITLE III--EXPANDING ACCESS TO CONGRESSIONAL RESEARCH SERVICE REPORTS
ON LIBRARY OF CONGRESS WEBSITE
Sec. 301. Inclusion of reports from archive.
Sec. 302. Availability of reports in structured format.
Sec. 303. Report on making other materials available.
Sec. 304. Effective date.
TITLE IV--LOBBYING DISCLOSURE
Sec. 401. Short title.
Sec. 402. Modifications to enforcement.
Sec. 403. Definition of lobbyist.
Sec. 404. Expedited online registration of lobbyists; expansion of
registrants.
Sec. 405. Disclosure of political contributions.
Sec. 406. Identification numbers for lobbyists.
Sec. 407. Ethics training for lobbyists.
Sec. 408. Estimates based on tax reporting system.
Sec. 409. Effective date.
TITLE V--TRANSPARENCY IN FEDERAL CONTRACTING
Sec. 501. Improving application programming interface and website data
elements.
Sec. 502. Improving data quality.
Sec. 503. Requirements relating to reporting of award data.
Sec. 504. Recipient performance transparency.
Sec. 505. Improvement of Federal Awardee Performance and Integrity
Information System Database.
Sec. 506. Federal contractor compliance.
Sec. 507. Improving access to information disclosed on lobbying
activities.
Sec. 508. Inclusion of narratives on USAspending.gov.
TITLE VI--EXECUTIVE BRANCH TRANSPARENCY
Subtitle A--Public Availability of Information
Sec. 601. Requirement for disclosure of Federal sponsorship of all
Federal advertising or other
communications.
Sec. 602. Improving access to influential executive branch official's
visitor access records.
Sec. 603. Public availability of budget justifications and
appropriation requests.
Sec. 604. Improving rulemaking disclosure for the Office of Information
and Regulatory Affairs.
Sec. 605. Improving registration information from agents of foreign
principals.
Sec. 606. Agency defined.
Sec. 607. Government-wide entity identifier.
Sec. 608. Grants transparency requirements.
Subtitle B--Publication of Opinions of Office of Legal Counsel
Sec. 611. Short title.
Sec. 612. Schedule of publication for final OLC opinions.
Sec. 613. Exceptions and limitation on public availability of final OLC
opinions.
Sec. 614. Method of publication.
Sec. 615. Index of opinions.
Sec. 616. Private right of action.
Sec. 617. Severability.
Sec. 618. Definitions.
Subtitle C--Contempt of Congress Procedures and Enforcement
Sec. 621. Availability of civil action to enforce House of
Representatives subpoenas.
Sec. 622. Alternate procedures for enforcement of criminal contempt of
Congress.
Sec. 623. Increase in penalty for contempt of Congress.
Sec. 624. Authority of United States Capitol Police to enforce
citations.
Sec. 625. Collection of penalties imposed by the House of
Representatives on persons cited for
contempt of House.
Sec. 626. No effect of expiration of Congress on pending actions.
TITLE VII--STRENGTHENING THE FREEDOM OF INFORMATION ACT
Sec. 701. Agency defined.
Sec. 702. Digital access to completed responses to the Freedom of
Information Act.
Sec. 703. FOIAonline for agencies.
Sec. 704. Freedom of Information Act amendments.
TITLE VIII--IMPROVING TRANSPARENCY WITHIN THE JUDICIAL SYSTEM
Sec. 801. Televising Supreme Court proceedings.
Sec. 802. Audio recording of Supreme Court proceedings.
Sec. 803. Availability on the internet of financial disclosure reports
of judicial officers.
Sec. 804. GAO audit of PACER.
Sec. 805. Electronic court records reform.
TITLE IX--ENFORCEMENT
Sec. 901. Audits by the Government Accountability Office.
TITLE X--MISCELLANEOUS
Sec. 1001. Transfer of certain records to Archivist of United States.
Sec. 1002. Data standards.
TITLE I--IMPROVING ACCESS TO INFORMATION ABOUT MEMBERS OF CONGRESS AND
CONGRESSIONAL OFFICES
SEC. 101. GREATER DISCLOSURE AND ELECTRONIC FILING OF PERSONAL
FINANCIAL INFORMATION.
(a) Additional Financial Disclosure Requirements.--(1) Section
102(a)(1)(B) of the Ethics in Government Act of 1978 (5 U.S.C. App.
102(a)(1)(B)) is amended in clause (iv) by striking ``$15,000'' and
inserting ``$25,000'' and by striking clauses (v) through (ix) and
inserting the following new clauses:
``(v) greater than $25,000 but not more
than $100,000, rounded to the nearest $10,000,
``(vi) greater than $100,000 but not more
than $1,000,000, rounded to the nearest
$100,000, or
``(vii) greater than $1,000,000, rounded to
the nearest $1,000,000.''.
(2) Section 102(d)(1) of such Act (5 U.S.C. App. 102(d)(1)) is
amended by striking ``(3), (4), (5), and (8)'' and inserting ``(5) and
(8)''.
(3) Section 102(d) of such Act (5 U.S.C. App. 102(d)) is amended by
redesignating paragraph (2) as paragraph (3) and by inserting after
paragraph (1) the following new paragraph:
``(3) The categories for reporting the amount or value of the items
covered in paragraphs (3) or (4) of subsection (a) are as follows:
``(A) Not more than $15,000.
``(B) Greater than $15,000 but not more than $25,000.
``(C) Greater than $25,000 but not more than $100,000,
rounded to the nearest $10,000.
``(D) Greater than $100,000 but not more than $1,000,000,
rounded to the nearest $100,000.
``(E) Greater than $1,000,000, rounded to the nearest
$1,000,000.''.
(b) More Frequent Disclosure of Financial Transactions Involving
Large Sums of Money.--(1) Section 101 of such Act (5 U.S.C. App. 101)
is amended by adding at the end the following new subsection:
``(j) In addition to any other report required to be filed by a
Member of Congress or officer or employee of the Congress, each such
individual is required to file a quarterly report on April 30, July 30,
October 30, and January 30 of each year covering the preceding calendar
quarter if that individual (or the spouse or any dependent child of
that individual) purchased, sold, or exchanged any property described
in subsection (a)(5) valued at not less than $250,000 during that
calendar quarter. For any such transaction of not less than $250,000,
such report shall contain all of the information required under
subsection (a)(5).''.
(2)(A) Clause 1 of rule XXVI of the Rules of the House of
Representatives is amended by inserting ``(a)'' after ``1.'' and by
adding at the end the following new paragraphs:
``(b) If any report is filed with the Clerk for a calendar
quarter pursuant to section 101(i) of the Ethics in Government
Act of 1978, the Clerk shall compile all such reports sent to
the Clerk by Members and have them printed as a House document,
which shall be made available to the public, as soon as
practicable.
``(c) Each individual required to file a report with the
Clerk under title I under the Ethics in Government Act of 1978
shall file and maintain such report in electronic form.''.
(B) Comparable language to be added by the Senate.
(c) Availability on the Internet of Reports Filed Under This Title
With the Clerk of the House or the Secretary of the Senate.--Section
103 of the Ethics in Government Act of 1978 (5 U.S.C. App. 103) is
amended by adding at the end the following new subsection:
``(m) The Clerk of the House of Representatives and the Secretary
of the Senate shall each make available any report filed with them
under this title (whether the report is filed in paper or electronic
form) within 48 hours of the applicable submission deadline on the
website of the Clerk or the Secretary, as applicable, in a searchable,
sortable, downloadable, machine-readable format.''.
(d) Effective Date.--The amendments made by this section shall
apply to reports filed for calendar years or calendar quarters
beginning after the date of enactment of this Act.
SEC. 102. GREATER DISCLOSURE OF TRAVEL REPORTS.
(a) Foreign Travel.--Clause 8(b)(3) of rule X of the Rules of the
House of Representatives is amended by adding at the end the following
new sentence: ``Within 48 hours after any such report is filed with the
chair of a committee, the chair shall post the report on the Internet
site of the committee in a searchable, sortable, downloadable, machine-
readable format.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to travel commencing after the date of enactment of this Act.
SEC. 103. GREATER DISCLOSURE OF GIFT REPORTS.
(a) Requiring Clerk of the House To Post Reports on Internet Not
Later Than 48 Hours After Receipt.--(1) Clause 5(b)(5) of rule XXV of
the Rules of the House of Representatives is amended--
(A) by striking ``shall make available'' and
inserting ``shall post on the public Internet site of
the Clerk and otherwise make available''; and
(B) by striking ``as possible'' and inserting the
following: ``as possible, but in no event later than 48
hours,''.
(2) Comparable language to be added by the Senate.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to reports filed on or after the date of the
adoption of this resolution.
SEC. 104. GREATER DISCLOSURE OF EARMARKS.
(a) Electronic Disclosure by Members.--(1) Rule XXIII of the Rules
of the House of Representatives is amended by redesignating clause 18
as clause 19 and by inserting after clause 17 the following:
``18. A Member, Delegate, or Resident Commissioner who requests a
congressional earmark, a limited tax benefit, or a limited tariff
benefit shall, within 24 hours after making such request--
``(1) post on his or her public website for the remainder
of the Congress the following--
``(A) the name and address of the intended
recipient;
``(B) whether the intended recipient is a for-
profit or not-for-profit entity;
``(C) the requested amount (only in the case of
congressional earmarks); and
``(D) an explanation of the request, including the
purpose, and why it is a valuable use of taxpayer
funds;
``(2) electronically submit to the committee of subject-
matter jurisdiction the webpage address where such information
is posted;
``(3) identify each request as having been submitted to the
committee of subject-matter jurisdiction; and
``(4) display on the homepage of such website a hypertext
link that contains the words `Earmarks', `Appropriations
Requests', `Limited Tax Benefits', or `Limited Tariff Benefits'
and that directs to such webpage address, and maintain that
link for at least 30 calendar days after the last such request
is made during the Congress.''.
(2) The last sentence of clause 16 of rule XXIII of the Rules of
the House of Representatives is amended by striking ``and clause 17''
and inserting ``, clause 17, and clause 18''.
(b) Electronic Disclosure by Committees.--Rule XI of the Rules of
the House of Representatives is amended by adding at the end the
following new clause:
``Earmark disclosure websites
``(s)(1) Any committee that accepts any request of a Member,
Delegate, or Resident Commissioner for a congressional earmark, a
limited tax benefit, or a limited tariff benefit shall maintain a
public website with an earmark disclosure webpage that contains the
following for each such request--
``(A) the bill name;
``(B) the name, State, and district of that individual;
``(C) the name and address of the intended recipient;
``(D) whether the intended recipient is a for-profit or
not-for-profit entity;
``(E) the requested amount (only in the case of
congressional earmarks);
``(F) a brief description; and
``(G) the applicable department or agency of the
Government, and the account or program (if provided to the
committee in the request);
and is in a downloadable format that is searchable and sortable by such
characteristics.
``(2) Any written statement received by a committee under clause
17(a) of rule XXIII shall be posted on the earmark disclosure webpage
of the committee.
``(3) The earmark disclosure webpage of a committee shall list the
names of any Member, Delegate, and Resident Commissioner who requests a
congressional earmark, a limited tax benefit, or a limited tariff
benefit and link directly to their webpage addresses referred to in
clause 18(2) of rule XXIII.
``(4) The earmark disclosure webpage of a committee shall post the
information required under subparagraphs (1) through (3) within one
week of receipt, and shall maintain that information on that webpage
for the remainder of the Congress.
``(5) For purposes of this paragraph, the terms `congressional
earmark', `limited tax benefit', and `limited tariff benefit' shall
have the meaning given them in clause 9 of rule XXI.''.
(c) Point of Order.--Clause 9 of rule XXI of the Rules of the House
of Representatives is amended by redesignating paragraphs (e), (f), and
(g) as paragraphs (f), (g), and (h), respectively, and by inserting
after paragraph (d) the following:
``(e) It shall not be in order to consider any bill or joint
resolution, or an amendment thereto or conference report thereon, that
carries a congressional earmark, limited tax benefit, or limited tariff
benefit for which a Member, Delegate, or Resident Commissioner failed
to comply with any applicable requirement of clause 18 of rule
XXIII.''.
(d) Effective Date.--The amendments made by this section shall
apply to requests for congressional earmarks, limited tax benefits, and
limited tariff benefits made after the date this resolution is agreed
to.
(e) Centralized Database for Earmarks, Limited Tax Benefits, and
Limited Tariff Benefits.--(1) The Clerk of the House of
Representatives, the Secretary of the Senate, and the chairs of the
Committee on Appropriations of the House of Representatives and the
Senate shall collaborate to create one centralized database where all
requests for earmark, limited tax benefits, and limited tariff benefits
are available on the internet in a searchable, sortable, downloadable
format to the public. The data available to the public for each earmark
should include--
(A) an identification of the bill into which the earmark is
to be inserted;
(B) the name, State, and district of the Member of Congress
requesting the earmark;
(C) the name and address of the intended recipient;
(D) whether the intended recipient is a for-profit or not-
for-profit entity;
(E) the requested amount (only in the case of congressional
earmarks);
(F) a brief description of the earmark; and
(G) the applicable department or agency of the Government,
and the account or program (if provided to the committee in the
request).
(2) The centralized database for earmarks referred to in paragraph
(1) shall be implemented within six months after the date of enactment
of this Act.
SEC. 105. GAO STUDY AND REPORT ON EFFECTS OF WRITTEN REQUESTS BY
MEMBERS OF CONGRESS FOR FUNDING OF PROJECTS.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the effect of written requests to carry out and
provide funding for projects and activities which are submitted to
offices of the executive branch by Members of Congress on the decisions
made by such offices regarding the funding of those projects and
activities.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to Congress a report
on the study conducted under subsection (a).
TITLE II--ENHANCING PUBLIC ACCESS TO THE WORK OF CONGRESSIONAL
COMMITTEES, LEGISLATION, AND VOTES
Subtitle A--Access to Legislation, Votes, and Related Information
SEC. 201. INCREASED TRANSPARENCY OF COMMITTEE WORK.
(a) In the House of Representatives.--Clause 1 of rule XI of the
Rules of the House of Representatives is amended by adding at the end
the following new paragraph:
``(e)(1) Each committee shall post on its Internet website the
public hearings and markup schedules of the committee and each of its
subcommittees at the same time that information is made available to
members of the committee.
``(2) For each hearing and markup for which information is posted
under subparagraph (1), the committee shall post on its Internet
website within 45 days the following: the topic, related legislation,
testimony of witnesses, opening statements of the chair and ranking
minority member, transcripts, and audio and video recordings.
``(3) Within 24 hours after a committee or subcommittee orders any
bill or resolution to be reported, the committee or subcommittee, as
applicable, shall post on its Internet website all amendments that were
agreed to, except for technical and conforming changes authorized by
the committee or subcommittee, as well as all votes taken on the bill
or resolution and on any amendment offered to the bill or
resolution.''.
(b) In the Senate.--Comparable language to be added by the Senate.
SEC. 202. INCREASED TRANSPARENCY OF RECORDED VOTES.
(a) Additional Duties of the Clerk of the House and the Secretary
of the Senate.--The Clerk of the House of Representatives and the
Secretary of the Senate shall post on the public internet site of the
Office of the Clerk or of the Secretary, respectively, a record,
organized by the name of each Member or Senator, in a structured data
format, of the recorded votes of that Member or Senator, including the
roll, date, issue, question, result, and title or description of the
vote, and any cost estimate of the Congressional Budget Office related
to the vote.
(b) Web Link.--Each Member shall provide a link to the Clerk of the
House of Representatives of a list of recorded votes from that Member's
website, and each Senator shall provide a link to the Secretary of the
Senate of a list of recorded votes from that Senator's website.
(c) Definition.--As used in this section, the term ``Member'' means
a Representative in Congress, a delegate to Congress, or the Resident
Commissioner from Puerto Rico.
(d) Effective Date.--This section shall apply to recorded votes
occurring after the date of enactment of this Act.
SEC. 203. ELECTRONIC FORMAT.
(a) In General.--Chapter 2 of title 1 of the United States Code is
amended by inserting after section 107 the following new section:
``Sec. 107a. Electronic format
``To the extent practicable, all bills, resolutions, orders, and
votes shall be created, exchanged, and published in searchable
electronic formats, consistent with data standards recommended by such
advisory bodies as Congress may establish.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 2 of title 1 of the United States Code is amended by adding
after the item relating to section 107 the following new item:
``107a. Electronic format.''.
SEC. 204. CONGRESSIONAL DATA TASK FORCE.
(a) Establishment.--The Clerk of the House and the Secretary of the
Senate shall establish an advisory Congressional Data Task Force to
recommend data standards for the creation, exchange, and publication of
congressional information.
(b) Composition.--The Congressional Data Task Force shall be
composed of staff representatives of the Clerk of the House, the
Secretary of the Senate, the Library of Congress, the Congressional
Research Service, the Government Printing Office, the Center for
Legislative Archives, such other congressional offices and agencies may
be necessary, and representatives of the public.
(c) Data Standards.--All data standards recommended by the
Congressional Data Task Force shall be nonproprietary and machine-
readable.
(d) Scope.--The Congressional Data Task Force shall recommend data
standards for congressional information, including all bills,
amendments, Acts, reports, committee hearing/meeting notices, the
United States Code, and other legislative documents and records.
SEC. 205. USE OF DATA STANDARDS BY CONGRESSIONAL SUPPORT OFFICES.
All congressional support offices shall, to the extent practicable,
use the data standards recommended by the Congressional Data Task Force
for the congressional information that they create, exchange, and/or
publish.
SEC. 206. INCLUSION OF DIGITAL VERSION OF FUNDING TABLES IN REPORTS
ACCOMPANYING APPROPRIATIONS BILLS.
(a) Inclusion.--The Clerk of the House of Representatives and the
Secretary of the Senate shall ensure that each report accompanying any
appropriations bill reported by the Committees on Appropriations of the
House or Senate (as the case may be) includes a formatted spreadsheet
showing the amounts made available by the bill, in a tabular, digital
format that shows separate entries for each fiscal year covered by the
bill.
(b) Effective Date.--Subsection (a) shall apply with respect to any
appropriations bill making funds available for fiscal year 2021 or any
succeeding fiscal year.
SEC. 207. SELECT COMMITTEE ON THE MODERNIZATION OF CONGRESS.
(a) Establishment.--There is hereby established in the House of
Representatives a Select Committee on the Modernization of Congress
(hereinafter in this section referred to as the ``Select Committee'').
(b) Composition.--
(1) The Select Committee shall be composed of 12 Members,
Delegates, or the Resident Commissioner appointed by the
Speaker.
(2) The Speaker shall appoint members of the Select
Committee as follows:
(A) At least 2 members from among Members,
Delegates, or the Resident Commissioner serving in
their first term.
(B) At least 2 members from the Committee on Rules.
(C) At least 2 members from the Committee on House
Administration.
(3) Of the members of the Select Committee appointed
pursuant to paragraph (1), 6 shall be appointed on the
recommendation of the minority leader, including 1 member each
as described in subparagraphs (A) through (C) of paragraph (2).
(4) The Speaker shall designate one member of the Select
Committee as chair, and, upon recommendation of the minority
leader, shall designate one member of the Select Committee as
vice chair.
(5) A vacancy in the membership of the Select Committee
shall be filled in the same manner as the original appointment.
(c) Jurisdiction; Functions.--
(1) Legislative jurisdiction.--The Select Committee shall
not have legislative jurisdiction and shall have no authority
to take legislative action on any bill or resolution.
(2) Investigative jurisdiction.--The sole authority of the
Select Committee shall be to investigate, study, make findings,
hold public hearings, and develop recommendations on
modernizing Congress, including recommendations on--
(A) rules to promote a more modern and efficient
Congress;
(B) procedures, including the schedule and
calendar;
(C) policies to develop the next generation of
leaders;
(D) staff recruitment, diversity, retention, and
compensation and benefits;
(E) administrative efficiencies, including
purchasing, travel, outside services, and shared
administrative staff;
(F) technology and innovation; and
(G) the work of the House Commission on
Congressional Mailing Standards.
(d) Procedures.--
(1) Except as specified in paragraph (2), the Select
Committee shall have the authorities and responsibilities of,
and shall be subject to the same limitations and restrictions
as, a standing committee of the House, and shall be deemed a
committee of the House for all purposes of law or rule.
(2)(A) Rules X and XI of the Rules of the House of
Representatives shall apply to the Select Committee where not
inconsistent with this section.
(B) Service on the Select Committee shall not count against
the limitations in clause 5(b)(2) of rule X of the Rules of the
House of Representatives.
(C) Clause 2(m)(1)(B) of rule XI and clause 2(m)(3) of rule
XI of the Rules of the House of Representatives shall not apply
to the Select Committee, but the Select Committee may recommend
subpoenas and depositions and submit such recommendations to
the relevant standing committee.
(D) Clause 2(d) of rule X of the Rules of the House of
Representatives shall not apply to the Select Committee.
(e) Funding.--To enable the Select Committee to carry out the
purposes of this section--
(1) the Select Committee may use the services of staff of
the House; and
(2) the Select Committee shall be eligible for interim
funding pursuant to clause 7 of rule X of the Rules of the
House of Representatives.
(f) Reports.--
(1) Reports on findings and recommendations.--The Select
Committee may report to the House or any committee from time to
time the results of its investigations and studies, together
with such detailed findings and policy recommendations as it
may deem advisable. The Select Committee may only submit any
such report if the report receives the votes of not fewer than
\2/3\ of its members.
(2) Publication.--The Select Committee shall ensure that
each report prepared in accordance with paragraph (1) shall,
upon completion, be made available to the general public in
widely accessible formats not later than 30 calendar days
following the date the report is made available to the House or
a committee, as applicable.
SEC. 208. EXPANDED INFORMATION IN HOUSE STAFF DIRECTORY.
Not later than 90 days after the date of the enactment of this Act,
the Clerk of the House of Representatives shall submit a report to the
Committees on Appropriations and House Administration of the House of
Representatives on the feasibility of expanding the information
included in the directory of employees of the House to include
information on the position held and the areas of responsibility
assigned to each employee.
SEC. 209. PUBLICATION OF UNITED STATES CAPITOL POLICE ARREST
INFORMATION.
(a) Publication of Information.--The Chief of the United States
Capitol Police shall publish on the official public website of the
Capitol Police information on arrests made by the Capitol Police, and
shall ensure that such information is published in a structured data
format.
(b) Effective Date.--This section shall apply with respect to
arrests made by the United States Capitol Police on or after January 1,
2019.
Subtitle B--Access to Congressionally Mandated Reports
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Access to Congressionally
Mandated Reports Act''.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) Congressionally mandated report.--The term
``congressionally mandated report''--
(A) means a report that is required by statute to
be submitted to either House of Congress or any
committee of Congress or subcommittee thereof; and
(B) does not include a report required under part B
of subtitle II of title 36, United States Code.
(2) Director.--The term ``Director'' means the Director of
the Government Publishing Office.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given that term under section 102 of title 40, United
States Code, but does not include the Government Accountability
Office.
(4) 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.
(5) Reports online portal.--The term ``reports online
portal'' means the online portal established under section
213(a).
SEC. 213. 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 all congressionally
mandated reports in one place. The Director may publish other
reports on the online portal.
(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 subtitle, the
Director shall consult with 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 214.
(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) 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 subtitle with respect
to a congressionally mandated report or information required under
subsection (c) is published--
(1) not later than 30 calendar 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 calendar 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 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.
SEC. 214. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--Not earlier than
30 calendar days or later than 45 calendar 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 213(b)(1) with respect to the
congressionally mandated report. 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 240 calendar 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 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 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.
SEC. 215. 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; and
(2) may remove a report from the online portal if the
report was submitted to or published on the online portal in
error.
SEC. 216. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT.
(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
(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) Redaction of Information.--The head of a Federal agency may
redact information required to be disclosed under this subtitle if the
information would be properly withheld from disclosure under section
552 of title 5, United States Code, and shall--
(1) redact information required to be disclosed under this
subtitle if disclosure of such information is prohibited by
law;
(2) redact information being withheld under this subsection
prior to submitting the information to the Director;
(3) redact only such information properly withheld under
this subsection from the submission of information or from any
congressionally mandated report submitted under this Act;
(4) identify where any such redaction is made in the
submission or report; and
(5) identify the exemption under which each such redaction
is made.
SEC. 217. 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 Senate 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.--The
Director shall ensure that any congressionally mandated report
described in paragraph (1) which was required to be submitted
to Congress by a statue enacted before the date of the
enactment of this Act is published on the online portal under
this subtitle 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
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
online portal.
SEC. 218. 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, 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 House
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
TITLE III--EXPANDING ACCESS TO CONGRESSIONAL RESEARCH SERVICE REPORTS
ON LIBRARY OF CONGRESS WEBSITE
SEC. 301. INCLUSION OF REPORTS FROM ARCHIVE.
Section 154(a)(2) of Legislative Branch Appropriations Act, 2018 (2
U.S.C. 166a(a)(2)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Inclusion of archived material.--The term
`CRS Report' includes any report or product described
in subparagraph (A) which is produced prior to the
effective date of this section, including any report or
product maintained in a CRS archive.''.
SEC. 302. AVAILABILITY OF REPORTS IN STRUCTURED FORMAT.
Section 154(b)(1)(B) of the Legislative Branch Appropriations Act,
2018 (2 U.S.C. 166a(b)(1)(B)) is amended by striking the period at the
end and inserting the following: ``, and shall be available in a
structured data format.''
SEC. 303. REPORT ON MAKING OTHER MATERIALS AVAILABLE.
Not later than 1 year after the date of the enactment of this Act,
the Director of the Congressional Research Service shall submit a
report to Congress describing the steps the Director would be required
to take in order to make materials and publications of the Service
which are not treated as CRS Reports under section 154 of the
Legislative Branch Appropriations Act, 2018 (2 U.S.C. 166a) available
through the website established and maintained by the Librarian of
Congress under such section.
SEC. 304. EFFECTIVE DATE.
The amendments made by sections 301 and 302 shall take effect as if
included in the enactment of section 154 of the Legislative Branch
Appropriations Act, 2018 (2 U.S.C. 166a).
TITLE IV--LOBBYING DISCLOSURE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Lobbyist Disclosure Enhancement
Act''.
SEC. 402. MODIFICATIONS TO ENFORCEMENT.
(a) Lobbying Disclosure Act Task Force.--
(1) Establishment.--The Attorney General shall establish
the Lobbying Disclosure Act Enforcement Task Force (in this
subsection referred to as the ``Task Force'').
(2) Functions.--The Task Force--
(A) shall have primary responsibility for
investigating and prosecuting each case referred to the
Attorney General under section 6(a)(8) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1605(a)(8));
(B) shall collect and disseminate information with
respect to the enforcement of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1601 et seq.);
(C) shall audit, at a minimum on an annual basis,
and as frequently as deemed necessary by the Task
Force, the extent of compliance or noncompliance with
the requirements of the Lobbying Disclosure Act of 1995
by lobbyists, lobbying firms, and registrants under
that Act through a random sampling of lobbying
registrations and reports filed under that Act during
each calendar year; and
(D) shall establish, publicize, and operate a toll-
free telephone number to serve as a hotline for members
of the public to report noncompliance with lobbyist
disclosure requirements under the Lobbying Disclosure
Act of 1995, and shall develop a mechanism to allow
members of the public to report such noncompliance
online.
(b) Referral of Cases to the Attorney General.--Section 6(a) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)) is amended--
(1) in paragraph (8), by striking ``United States Attorney
for the District of Columbia'' and inserting ``Attorney
General''; and
(2) in paragraph (11), by striking ``United States Attorney
for the District of Columbia'' and inserting ``Attorney
General''.
(c) Recommendations for Improved Enforcement.--The Attorney General
may make recommendations to Congress with respect to--
(1) the enforcement of and compliance with the Lobbying
Disclosure Act of 1995; and
(2) the need for resources available for the enhanced
enforcement of the Lobbying Disclosure Act of 1995.
(d) Information in Enforcement Reports.--Section 6(b)(1) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(b)(1)) is amended by
striking ``by case'' and all that follows through ``public record'' and
inserting ``by case and name of the individual lobbyists or lobbying
firms involved, any sentences imposed''.
SEC. 403. DEFINITION OF LOBBYIST.
Section 3(10) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1602(10)) is amended by striking ``, other than an individual'' and all
that follows through ``period''.
SEC. 404. EXPEDITED ONLINE REGISTRATION OF LOBBYISTS; EXPANSION OF
REGISTRANTS.
Section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1603(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``45 days'' and inserting ``10
days'';
(B) by striking ``, or on the first business day
after such 45th day if such 45th day is not a business
day,'' and inserting ``, or on the first business day
occurring after such 10th day if such 10th day does not
occur on a business day,''; and
(C) by inserting ``online'' after ``shall
register''; and
(2) in paragraph (2)--
(A) by striking ``Any organization'' and inserting
the following:
``(A) In general.--Subject to subparagraph (B), any
organization''; and
(B) by adding at the end the following:
``(B) Threshold for certain organizations.--In the
case of an organization whose employees who are
lobbyists engage in lobbying activities only on behalf
of the organization, the organization is required to
register under this subsection only if the lobbying
activities of each such employee includes or is
expected to include more than one lobbying contact.''.
SEC. 405. DISCLOSURE OF POLITICAL CONTRIBUTIONS.
Section 5(d)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1604(d)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``30 days after'' and all that follows through ``30th day is
not'' and inserting ``20 days after the end of the quarterly
period beginning on the first day of January, April, July, and
October of each year, or on the first business day after such
20th day if such 20th day is not''; and
(2) by striking ``semiannual period'' each place it appears
and inserting ``quarterly period''.
SEC. 406. IDENTIFICATION NUMBERS FOR LOBBYISTS.
(a) Requiring Assignment of Unique Identification Number.--Section
6(a)(3) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)(3)) is
amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by adding ``and'' after the semicolon the end of
subparagraph (B); and
(3) by adding after subparagraph (B) the following:
``(C) a system that assigns a unique identification
number for each lobbyist for whom a registration or
report is filed under this Act;''.
(b) Report on Implementation.--Not later than 60 days after the
date of the enactment of this Act, the Clerk of the House of
Representatives and the Secretary of the Senate shall submit a report
to Congress on the progress made by the Clerk and the Secretary in
implementing the amendment made by subsection (a), and shall include in
the report an analysis of the progress made in including the unique
identification number assigned to a lobbyist in the statements and
reports filed under the Lobbying Disclosure Act of 1995 in a structured
data format.
SEC. 407. ETHICS TRAINING FOR LOBBYISTS.
(a) Required Ethics Training.--Any individual who is a lobbyist
registered or required to register under section 4 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603) shall--
(1) complete ethics training described in subsection (b)--
(A) not later than 6 months after the individual is
first employed or retained for services that include
one or more lobbying contacts; and
(B) at least once in each 5-year period during
which the individual is registered or required to
register under section 4; and
(2) submit to the Clerk of the House of Representatives and
the Secretary of the Senate certification of the training
completed under paragraph (1).
(b) Qualified Training.--The Ethics Committee of the House of
Representatives and the Select Committee on Ethics of the Senate shall
jointly--
(1) determine the curriculum and certification requirements
for the ethics training for individuals described in subsection
(a);
(2) approve those educational institutions, professional
associations, or other persons who are qualified to provide
such ethics training;
(3) determine the maximum fee that may be charged for the
ethics training; and
(4) provide oversight of the ethics training program
established under this section in order to determine the
quality of instruction in, and the administration of, the
training program.
(c) Responsibilities of Clerk and Secretary.--The Clerk of the
House of Representatives and the Secretary of the Senate shall--
(1) collect and review for completion and accuracy the
certifications of ethics training submitted under subsection
(a)(2); and
(2) post on the websites of the Clerk and the Secretary,
with respect to each individual required to complete ethics
training under this section--
(A) whether the individual has complied with such
requirement; and
(B) the certifications submitted by the individual
under subsection (a)(2).
SEC. 408. ESTIMATES BASED ON TAX REPORTING SYSTEM.
Section 15 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1610)
is repealed.
SEC. 409. EFFECTIVE DATE.
(a) Section 402.--Section 402 and the amendments made by that
section take effect upon the expiration of the 90-day period beginning
on the date of the enactment of this Act.
(b) Sections 403, 404, and 405.--The amendments made by sections
403, 404, and 405 shall take effect on the first day of the first
quarterly period described in section 5(a) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1604(a)) that begins after the end of the 90-day
period beginning on the date of the enactment of this Act.
(c) Section 406.--The amendments made by section 406 shall apply to
any registration or report that is filed under section 4 or 5 of the
Lobbying Disclosure Act of 1995--
(1) on or after the 90th day after the date of the
enactment of this Act; or
(2) before such 90th day, if such registration or report
is, as of such 90th day, being retained under section 6(a)(5)
of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)(5)).
(d) Section 407.--
(1) In general.--Section 407 shall take effect upon the
expiration of the 1-year period beginning on the date of the
enactment of this Act.
(2) Current lobbyists.--In the case of individuals who are
registered under section 4 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1603) as of the effective date under paragraph
(1), the ethics training required under section 407(a)(1) shall
be completed not later than the end of the 6-month period
beginning on the effective date under paragraph (1) of this
subsection, in lieu of the date specified in section 407(a)(1).
TITLE V--TRANSPARENCY IN FEDERAL CONTRACTING
SEC. 501. IMPROVING APPLICATION PROGRAMMING INTERFACE AND WEBSITE DATA
ELEMENTS.
(a) In General.--Section 2 of the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note)
is amended--
(1) in subsection (a)--
(A) in paragraph (4)(A)(ii), by striking ``and
delivery orders'' and inserting ``lease agreements and
assignments, and delivery orders'';
(B) in paragraph (7)--
(i) in subparagraph (B), by striking
``paragraph (2)(A)(i)'' and inserting
``paragraph (5)(A)(i)'';
(ii) in subparagraph (C)--
(I) by striking ``paragraph
(2)(A)(ii)'' and inserting ``paragraph
(5)(A)(ii)''; and
(II) by striking ``and'' after the
semicolon;
(iii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following new
subparagraph:
``(E) programmatically search and access all data
in a serialized machine-readable format (such as XML)
via a web-services application programming
interface.'';
(C) by redesignating paragraphs (1) through (8) as
paragraphs (2) through (9), respectively; and
(D) by inserting before paragraph (2) the following
new paragraph:
``(1) Congressionally directed spending item.--The term
`congressionally directed spending item' means a provision or
report language included primarily at the request of a Member
of Congress providing, authorizing, or recommending a specific
amount of discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan guarantee,
grant, loan authority, or other expenditure with or to an
entity, or targeted to a specific State, locality, or
congressional district, other than through a statutory or
administrative formula-driven or competitive award process.'';
(2) in subsection (b)(1)--
(A) in subparagraph (F), by striking the period at
the end and inserting a semicolon;
(B) by redesignating subparagraph (G) as
subparagraph (J); and
(C) by inserting after subparagraph (F) the
following new subparagraphs:
``(G) to the extent possible, the Federal agency,
including the bureau, office, or subdivision, that
authorized the Federal award;
``(H) after January 1, 2020, for each contract,
subcontract, purchase order, task order, lease
agreement and assignment, and delivery order--
``(i) information about the extent of
competition in awarding the contract, including
the number of bids or proposals determined to
be responsive during the competitive process,
and if the award was not competitive, the legal
authority and specific rationale for awarding
the contract without full and open competition;
``(ii) the full amount awarded under the
contract or, in the case of lease agreements or
assignments, the amount paid to the Government,
and the full amount of any options to expand or
extend under the contract;
``(iii) the amount of the profit incentive,
such as award fees;
``(iv) the type of contract, such as fixed
price, cost plus pricing, labor hour contracts,
and time and materials contracts;
``(v) a permanent link to the original
solicitation or notice and the solicitation ID;
``(vi) an indication if the contract is the
result of legislative mandates, set-asides,
preference program requirements, or other
criteria, and whether the contract is multi-
year, consolidated, or performance-based; and
``(vii) an indication if the contract is a
congressionally directed spending item;
``(I) after January 1, 2020, for all grants,
subgrants, loans, awards, cooperative agreements, and
other forms of financial assistance, an indication if
the funding is a congressionally directed spending
item; and''; and
(3) in subsection (c)(5)--
(A) by striking ``subsection (a)(2)(A)(i)'' and
inserting ``subsection (a)(5)(A)(i)''; and
(B) by striking ``subsection (a)(2)(A)(ii)'' and
inserting ``subsection (a)(5)(A)(ii)''.
(b) Effective Date.--Except as otherwise provided, the amendments
made by subsection (a) shall be implemented not later than 6 months
after the date of the enactment of this Act.
SEC. 502. IMPROVING DATA QUALITY.
The Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282; 31 U.S.C. 6101 note) is amended by adding at the
end the following new section:
``SEC. 9. IMPROVING DATA QUALITY.
``(a) Inspector General Data Audit.--Each Inspector General shall
annually audit for the previous fiscal year the data used on the
website established under section 2 for the relevant Federal agency of
the Inspector General, in compliance with generally accepted Government
auditing standards, and submit a report on such audit to the Director
of the Office of Management and Budget that includes at least the
following:
``(1) A review of data used for the website to verify
accuracy of the data and assess the process used for improving
data quality.
``(2) A review of a statistically representative sample of
Federal awards to determine whether the Federal agency of the
Inspector General has appropriate measures in place to review
data submissions under this Act for accuracy and completeness.
``(3) An identification of and report on new standards that
the Inspector General recommends for implementation by the
Federal agency of the Inspector General to improve data
quality.
``(b) OMB Report.--Not later than April 1 of each year, the
Director of the Office of Management and Budget shall make each report
submitted under subsection (a) for the previous fiscal year available
to the public, including a review of the findings of the audit and
recommendations to improve data quality, through the website
established under section 2.''.
SEC. 503. REQUIREMENTS RELATING TO REPORTING OF AWARD DATA.
(a) Revision of Guidance.--The Director of the Office of Management
and Budget shall revise the Office's guidance to Federal agencies on
reporting Federal awards to clarify--
(1) the requirement for award titles to describe the
award's purpose; and
(2) requirements for validating and documenting agency
award data submitted by Federal agencies.
(b) Inclusion of City Information.--The Director of the Office of
Management and Budget shall include information on the city in which
work is performed in the Office's public reporting of the completeness
of agency data submissions.
(c) Definitions.--In this section, the terms ``Federal agency'' and
``Federal award'' have the meanings given those terms in section 2(a)
of the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282; 31 U.S.C. 6101 note).
SEC. 504. RECIPIENT PERFORMANCE TRANSPARENCY.
(a) In General.--The Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note), as
amended by the preceding provisions of this Act, is further amended by
adding at the end the following new section:
``SEC. 10. RECIPIENT PERFORMANCE TRANSPARENCY AND PAST PERFORMANCE.
``The Director of the Office of Management and Budget shall ensure
that the unique identifier required in section 2(b)(1)(E), which is
used to link information about an entity receiving an award on the
website established under such section, is also used to link
information about such entity on the Federal Awardee Performance
Integrity Information System.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
implemented not later than June 30, 2020.
SEC. 505. IMPROVEMENT OF FEDERAL AWARDEE PERFORMANCE AND INTEGRITY
INFORMATION SYSTEM DATABASE.
Section 872(c) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4556) is
amended--
(1) in the matter preceding paragraph (1), by striking ``5-
year period'' and inserting ``10-year period''; and
(2) in paragraph (1), by adding at the end the following
new subparagraphs:
``(E) In an administrative proceeding, any
administrative judgment that does not contain an
explicit finding or acknowledgment of fault.
``(F) In a civil proceeding, any settlement that
does not contain an explicit finding or acknowledgment
of fault.''.
SEC. 506. FEDERAL CONTRACTOR COMPLIANCE.
(a) Periodic Inspection or Review of Contract Files.--Section
2313(e)(2) of title 41, United States Code, is amended by adding at the
end the following new subparagraph:
``(C) Periodic inspection or review.--The Inspector
General of each Federal agency shall periodically--
``(i) conduct an inspection or review of
each contract file described in subparagraph
(B) to determine if the agency is providing
appropriate consideration of the information
included in the database established under
subsection (a); and
``(ii) submit a report containing the
results of the inspection or review conducted
under clause (i) to the Committee on Homeland
Security and Governmental Affairs of the Senate
and the Committee on Oversight and Reform of
the House of Representatives.''.
(b) Self-Reporting Requirement.--Subsection (f) of section 2313 of
such title is amended to read as follows:
``(f) Self-Reporting Requirement.--
``(1) Contracts in excess of simplified acquisition
threshold.--No funds appropriated or otherwise made available
by any Act may be used for any Federal contract for the
procurement of property or services in excess of the simplified
acquisition threshold unless the contractor has first made the
certifications set forth in section 52.209-5 of the Federal
Acquisition Regulation.
``(2) Contracts in excess of $500,000.--No funds
appropriated or otherwise made available by any Act may be used
for any Federal contract for the procurement of property or
services in excess of $500,000 unless the contractor--
``(A) certifies that the contractor has submitted
to the Administrator of General Services the
information required under subsection (c) and that such
information is current as of the date of such
certification; or
``(B) certifies that the contractor has cumulative
active Federal contracts and grants with a total value
of less than $10,000,000.''.
(c) Annual Report.--The Comptroller General of the United States
shall annually submit a report to the appropriate congressional
committees describing the extent to which suspended or debarred
contractors on the Excluded Parties List System--
(1) are identified as having received Federal contracts on
USAspending.gov; or
(2) were granted waivers from Federal agencies from
suspension or debarment for purposes of entering into Federal
contracts.
SEC. 507. IMPROVING ACCESS TO INFORMATION DISCLOSED ON LOBBYING
ACTIVITIES.
(a) Information Filed With the Administrator of General Services.--
Section 1352(b) of title 31, United States Code, is amended--
(1) in paragraph (1), by striking ``file with that agency''
and inserting ``file electronically with the Administrator of
General Services''; and
(2) by adding at the end the following new paragraph:
``(7) Database required.--The Administrator of General
Services shall establish and maintain an online database that--
``(A) is available to each agency and the public;
``(B) contains information disclosed pursuant to
this subsection; and
``(C) is searchable, sortable, machine-readable,
and downloadable.''.
(b) Deadline for Database.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of General Services
shall establish the database required by paragraph (7) of section
1352(b) of title 31, United States Code, as added by subsection (a).
SEC. 508. INCLUSION OF NARRATIVES ON USASPENDING.GOV.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall allow any agency, in reporting an award to USAspending.gov
(or a successor website), to upload a narrative for such award.
(b) Definitions.--In this section, the terms ``agency'' and
``award'' have the meanings given those terms on USAspending.gov (or a
successor website).
TITLE VI--EXECUTIVE BRANCH TRANSPARENCY
Subtitle A--Public Availability of Information
SEC. 601. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL
FEDERAL ADVERTISING OR OTHER COMMUNICATIONS.
(a) Requirement.--Except as provided for in subsection (b), each
advertisement or other communication paid for by an agency, either
directly or through a contract awarded by the agency, shall include a
prominent notice informing the target audience that the advertisement
or other communication is paid for by that agency.
(b) Exceptions.--The requirement in subsection (a) shall not apply
to an advertisement or other communication--
(1) that is 200 characters or less; or
(2) that is distributed through a short message service.
(c) Advertisement or Other Communications Defined.--In this
section, the term ``advertisement or other communication'' includes--
(1) an advertisement disseminated in any form, including
print or by any electronic means; and
(2) a communication by an individual in any form, including
speech, print, or by any electronic means.
SEC. 602. IMPROVING ACCESS TO INFLUENTIAL EXECUTIVE BRANCH OFFICIAL'S
VISITOR ACCESS RECORDS.
(a) Disclosure of White House Visitor Access Records.--Not later
than 30 days after the date of the enactment of this Act, and monthly
thereafter, the President shall disclose to the public all White House
visitor access records for the previous month that are redacted in
accordance with subsection (c).
(b) Disclosure of Agency Visitor Access Records.--Not later than 30
days after the date of the enactment of this Act, and monthly
thereafter, the head of each agency shall disclose to the public all
visitor access records for the previous month for such agency head that
are redacted in accordance with subsection (c).
(c) Information Not Disclosed.--The President under subsection (a),
and the head of the relevant agency under subsection (b), as the case
may be, may determine to not disclose the following information
pursuant to this section:
(1) Any information--
(A) that implicates personal privacy or law
enforcement concerns (such as date of birth, social
security number, and contact phone number);
(B) that implicates the personal safety of White
House staff (including daily arrival and departure); or
(C) whose release would so threaten national
security interests that it outweighs a strong
presumption in favor of the public's interest in
disclosure.
(2) For a non-renewable period of up to a year, any
information related to purely personal guests of the first and
second families, but only if the executive branch's interest in
protecting an unfettered consultation conducted in secret
strongly outweighs the public's interest in an accountable
Government free of corruption and political influence.
(3) Any information related to a small group of
particularly sensitive meetings (such as visits of potential
Supreme Court nominees).
SEC. 603. PUBLIC AVAILABILITY OF BUDGET JUSTIFICATIONS AND
APPROPRIATION REQUESTS.
(a) In General.--Section 3 of the Federal Funding Accountability
and Transparency Act of 2006 (31 U.S.C. 6101 note) is amended to read
as follows:
``SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS.
``(a) In General.--Not less frequently than monthly when
practicable, and in any event not less frequently than quarterly, the
Secretary (in consultation with the Director and, with respect to
information described in subsection (b)(2), the head of the applicable
Federal agency) shall ensure that updated information with respect to
the information described in subsection (b) is posted on the website
established under section 2.
``(b) Information To Be Posted.--
``(1) Funds.--For any funds made available to or expended
by a Federal agency or component of a Federal agency, the
information to be posted shall include--
``(A) for each appropriations account, including an
expired or unexpired appropriations account, the
amount--
``(i) of budget authority appropriated;
``(ii) that is obligated;
``(iii) of unobligated balances; and
``(iv) of any other budgetary resources;
``(B) from which accounts and in what amount--
``(i) appropriations are obligated for each
program activity; and
``(ii) outlays are made for each program
activity;
``(C) from which accounts and in what amount--
``(i) appropriations are obligated for each
object class; and
``(ii) outlays are made for each object
class; and
``(D) for each program activity, the amount--
``(i) obligated for each object class; and
``(ii) of outlays made for each object
class.
``(2) Budget justifications.--
``(A) Definitions.--In this paragraph--
``(i) the term `agency' has the meaning
given that term in section 101 of title 31,
United States Code; and
``(ii) the term `budget justification
materials' means the annual budget
justification materials of an agency that are
submitted to Congress in support of the budget
of the agency, in conjunction with the budget
of the United States Government submitted under
section 1105(a) of title 31, United States
Code, but does not include budget justification
materials that are classified.
``(B) Information.--The information to be posted
shall include the budget justification materials of
each agency--
``(i) for the second fiscal year beginning
after the date of enactment of this paragraph,
and each fiscal year thereafter; and
``(ii) to the extent practicable, that were
released for any fiscal year before the date of
enactment of this paragraph.
``(C) Format.--Budget justification materials shall
be posted under subparagraph (B)--
``(i) in an open format machine readable
and text searchable;
``(ii) in a manner that enables users to
download individual reports, download all
reports in bulk, and download in bulk the
results of a search, to the extent practicable;
and
``(iii) in a structured data format, to the
extent practicable.
``(D) Deadline.--The budget justification materials
required to be posted under subparagraph (B)(i) shall
be posted not later than 2 weeks after the date on
which the budget justification materials are first
submitted to Congress.
``(E) Rule of construction.--Nothing in this
paragraph shall be construed to authorize an agency to
destroy any budget justification materials relating to
a fiscal year before the fiscal year described in
subparagraph (B)(i).''.
(b) Information Regarding Agency Budget Justifications.--Section
1105 of title 31, United States Code, is amended by adding at the end
the following:
``(i)(1) The Director of the Office of Management and Budget shall
make publicly available on an internet website, and continuously
update, a tabular list for each fiscal year of each agency that submits
to Congress budget justification materials in support of the budget of
the agency, which shall include--
``(A) the name of the agency;
``(B) a unique identifier that identifies the agency;
``(C) to the extent practicable, the date on which the
budget justification materials of the agency are first
submitted to Congress;
``(D) the date on which the budget justification materials
of the agency are posted online under section 3 of the Federal
Funding Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note);
``(E) the uniform resource locator where the budget
justification materials submitted to Congress are published on
the website of the agency; and
``(F) a single data set that contains the information
described in subparagraphs (A) through (E) with respect to the
agency for all fiscal years for which budget justifications of
the agency are made available under section 3 of the Federal
Funding Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note) in a structured data format.
``(2)(A) Each agency that submits to Congress budget justification
materials in support of the budget of the agency shall make the
materials available on the website of the agency.
``(B) The Director of Office of Management and Budget shall
establish best practices for agencies relating to making available
materials under subparagraph (A)(i), which shall include guidelines for
using a uniform resource locator that is in a consistent format across
agencies and is descriptive, memorable, and pronounceable, such as the
format of `agencyname.gov/budget'.
``(C) If the Director of Office of Management and Budget maintains
a public website that contains the budget of the United States
Government submitted under subsection (a) and any related materials,
such website shall also contain a link to the tabular list required
under paragraph (1).
``(3) In this subsection, the term `budget justification materials'
has the meaning given that term in section 3 of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).''.
SEC. 604. IMPROVING RULEMAKING DISCLOSURE FOR THE OFFICE OF INFORMATION
AND REGULATORY AFFAIRS.
(a) Inclusion in the Rulemaking Docket of Documents and
Communications Related to the Implementation of Centralized Regulatory
Review.--As soon as practicable, and not later than 15 days after the
conclusion of centralized regulatory review for a draft proposed or
draft final rule, the Administrator of the Office of Information and
Regulatory Affairs shall include in the rulemaking docket the
following:
(1) A copy of the draft proposed or draft final rule and
supporting analyses submitted to the Office of Information and
Regulatory Affairs for review.
(2) A copy of the draft proposed or draft final rule that
incorporates substantive changes, if any, made to the rule as
part of implementing centralized regulatory review.
(3) A document describing in a complete, clear, and simple
manner all substantive changes made by the Office of
Information and Regulatory Affairs to the draft proposed or
draft final rule submitted by the agency to Office for review.
(4) A copy of all documents and written communications
(including all electronic mail and electronic mail file
attachments), and a summary of all oral communications
(including phone calls, phone conferences, and meetings),
exchanged as part of the implementation of the centralized
regulatory review between or among any of the following:
(A) The agency responsible for the rule.
(B) The Office of Information and Regulatory
Affairs.
(C) Any other office or entity within the Executive
Office of the President.
(D) An agency that is not the agency responsible
for the rule.
(E) An individual who is not employed by--
(i) the executive branch of the Federal
Government; or
(ii) an agency that is not the agency
responsible for the rule.
(b) Definitions.--In this section:
(1) Centralized regulatory review.--The term ``centralized
regulatory review'' means the institutional process of
Presidential oversight of individual agency rules governed by
Executive Order 12866 (58 Fed. Reg. 51735; relating to
regulatory planning and review), or any successor to such
Executive order.
(2) Rule.--The term ``rule'' has the meaning given that
term in section 551 of title 5, United States Code.
(c) Rule of Construction.--Nothing in this section shall be
construed to preempt or displace the disclosure requirements under any
other provision of law affecting administrative procedure, if such
requirements are not inconsistent with the requirements of this
section.
SEC. 605. IMPROVING REGISTRATION INFORMATION FROM AGENTS OF FOREIGN
PRINCIPALS.
(a) Improving Online Access to Registration Information.--Section
6(d)(1) of the Foreign Agents Registration Act of 1938 (22 U.S.C.
616(d)(1)) is amended by striking ``in a searchable, sortable, and
downloadable manner'' and inserting ``in a format which is directly
searchable, sortable, downloadable, and machine-readable''.
(b) Repealing Exemption From Registration Under Foreign Agents
Registration Act of 1938 for Persons Filing Disclosure Reports Under
Lobbying Disclosure Act of 1995.--
(1) Repeal of exemption.--Section 3 of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 613) is amended by striking
subsection (h).
(2) Timing of filing of registration statements.--Section 2
of the Foreign Agents Registration Act of 1938 (22 U.S.C. 612)
is amended--
(A) in subsection (a), in the matter preceding
paragraph (1), in the fourth sentence, by striking
``The registration statement shall include'' and
inserting ``Except as provided in subsection (h), the
registration statement shall include''; and
(B) by adding at the end the following:
``(h) Timing for Filing of Statements by Persons Registered Under
the Lobbying Disclosure Act of 1995.--In the case of an agent of a
person described in section 1(b)(2) or an entity described in section
1(b)(3) who has registered under the Lobbying Disclosure Act of 1995 (2
U.S.C. 1601 et seq.), after the agent files the first registration
required under subsection (a) in connection with the agent's
representation of such person or entity, the agent shall file all
subsequent statements required under this section at the same time, and
in the same frequency, as the reports filed with the Clerk of the House
of Representatives or the Secretary of the Senate (as the case may be)
under section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604)
in connection with the agent's representation of such person or
entity.''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 30-day period which begins on the
date of the enactment of this Act.
SEC. 606. AGENCY DEFINED.
In this subtitle (except for section 608), the term ``agency'' has
the meaning given that term under section 551 of title 5, United States
Code.
SEC. 607. GOVERNMENT-WIDE ENTITY IDENTIFIER.
(a) Definition.--As used in this section, the term ``agency'' has
the meaning given the term ``Executive agency'' under section 105 of
title 5, United States Code.
(b) Requirement for All Agencies To Use a Government-Wide Entity
Identifier.--(1) Each agency shall, to the extent practicable, require
all private sector entities from which it regularly collects reports,
filings, forms, disclosures or other regularized information to obtain
a unique entity identifier.
(2) The unique entity identifier required under this section shall
allow private sector entities to be identified uniquely across all
Federal regulatory, procurement, assistance, and other reporting
regimes.
(c) Publication of Information Categorized Using Government-Wide
Entity Identifier.--Each agency shall, to the extent practicable,
publish all public regulatory, procurement, assistance, and other
reported information categorized using the unique entity identifier
required under this section.
(d) Governance.--The unique entity identifier required under this
section shall be based on the global entity identifier issued by--
(1) utilities endorsed by the Regulatory Oversight
Committee, whose charter was set forth by the Finance Ministers
and Central Bank Governors of the Group of Twenty and the
Financial Stability Board; or
(2) utilities endorsed or otherwise governed by the Global
LEI Foundation so long as that Foundation remains recognized by
the Regulatory Oversight Committee or any successor global
public oversight body.
SEC. 608. GRANTS TRANSPARENCY REQUIREMENTS.
(a) In General.--Subtitle V of title 31, United States Code, is
amended by inserting after chapter 73 the following:
``CHAPTER 74--GRANTS TRANSPARENCY REQUIREMENTS
``Sec.
``7401. Definitions.
``7402. Pre-award evaluation requirements.
``7403. Website relating to Federal grants.
``7404. Postdecision explanation for failed applicants.
``7405. Inspector General review of peer review process.
``Sec. 7401. Definitions
``In this chapter:
``(1) Applicant.--The term `applicant' means an entity that
submits a proposal or application for a grant.
``(2) Competitive grant.--The term `competitive grant'
means a discretionary grant entered into through the use of
merit-based selection procedures for the purpose of allocating
funds authorized under a grant program of an Executive agency.
``(3) Executive agency.--The term `Executive agency' has
the meaning given the term in section 105 of title 5, except
the term does not include the Government Accountability Office.
``(4) Grant.--The term `grant' means an award of Federal
financial assistance through a grant agreement or cooperative
agreement making payment in cash or in kind to a recipient to
carry out a public purpose authorized by law.
``(5) Grant reviewer.--The term `grant reviewer', with
respect to a grant--
``(A) means any individual who reviews, evaluates,
or participates in the decision to select an applicant
for award of the grant; and
``(B) includes--
``(i) a peer reviewer;
``(ii) a merit reviewer; and
``(iii) a member of a technical evaluation
panel or board or a special emphasis panel.
``Sec. 7402. Pre-award evaluation requirements
``(a) Evaluation Required.--
``(1) In general.--Before awarding a competitive grant and
after determining eligibility and conducting a merit-based
review, an Executive agency shall conduct an evaluation of the
risk posed by an applicant to successfully carry out the grant
in accordance with section 200.205 of title 2, Code of Federal
regulations (or any successor thereto).
``(2) Review of interagency duplication.--To the extent
practicable, each evaluation conducted under paragraph (1)
shall include a review of any interagency duplication of
efforts for research grants, which may be completed through a
text-similarity detection process.
``(b) Simplified Evaluation Procedure for Certain Applicants.--
``(1) Definition.--In this subsection, the term `covered
applicant' means an applicant that, based on a risk assessment
conducted by the Executive agency, is determined to pose a
relatively low risk of failing to execute the grant
successfully and properly.
``(2) Procedure.--In conducting the evaluation required
under subsection (a) with respect to a covered applicant, an
Executive agency shall--
``(A) minimize the burden on the covered applicant;
and
``(B) consider any existing findings with respect
to the covered applicant under the single audit process
under chapter 75 of this title related to the matters
described in subsection (b).
``Sec. 7403. Website relating to Federal grants
``(a) Requirement.--The Director of the Office of Management and
Budget shall consult with Executive agencies to upgrade grants.gov or
any proposed successor public website for finding Federal grant
opportunities and applying for those grants so that the website--
``(1) may serve as a central point of information and
provide full access for applicants for competitive grants; and
``(2) shall capture in 1 site, or provide electronic links
to, other relevant databases.
``(b) Notice of Competitive Grant Funds Availability.--At the time
an Executive agency issues a solicitation or otherwise announces the
availability of funds for a competitive grant, the Executive agency
shall post on the grants website maintained under this section, in a
searchable electronic format, relevant information about the grant
opportunity, including--
``(1) the grant announcement and purpose of the grant;
``(2) the anticipated period of performance for new awards
and whether the Executive agency anticipates that the grant
will be continued;
``(3) in the case of an announcement with respect to which
a specific sum is reserved, the amount of funds available for
the grant;
``(4) a statement of eligibility requirements for the
grant;
``(5) contact information for the Executive agency,
including the name, telephone number, and electronic mail
address of a specific person or persons responsible for
answering questions about the grant and the application process
for the grant;
``(6) a clear statement of the evaluation factors or
criteria that the Executive agency intends to use to evaluate
and rank grant applications or proposals submitted, including
the weight to be applied to each factor or criterion;
``(7) a description of the process and standards to be used
by the Executive agency to determine that each grant reviewer
does not have a prohibited conflict of interest, as defined by
applicable statute or regulation, with respect to the
evaluation or review of a grant application or proposal, or the
decision to award a grant;
``(8) the anticipated deadline for submission of grant
applications or proposals; and
``(9) a set of sample winning grant proposals awarded under
the same or similar program within the last 3 years.
``(c) Use by Applicants.--The grants website maintained under this
section shall, to the greatest extent practicable, allow applicants
to--
``(1) use the website with any widely-used computer
platform;
``(2) search the website for all competitive grants by
purpose, funding agency, program source, and other relevant
criteria; and
``(3) apply for a competitive grant using the website.
``(d) Technical Assistance for Grantees.--
``(1) In general.--Each Executive agency shall make
available on the grants website maintained under this section
detailed grant guidance and written technical assistance for
applicants.
``(2) Grant award process information posted.--With respect
to each grant awarded by an Executive agency, the Executive
agency shall, not later than 30 days after the date on which
the grant is awarded, post on the grants website maintained
under this section--
``(A) documentation explaining the basis for the
selection decision for the grant, the number of
proposals received for the grant, and, with respect to
the proposal that resulted in the grant award, whether
the grant was awarded consistent with a numerical
ranking or other recommendations by grant reviewers;
and
``(B) in any case in which the award of the grant
is not consistent with the numerical rankings or any
other recommendations made by grant reviewers, a
written justification explaining the rationale for the
decision not to follow the rankings or recommendations.
``(3) Sensitive information.--
``(A) Personally identifiable information.--Each
Executive agency may redact any personally identifiable
information from a post on the grants website
maintained under this section.
``(B) Adverse information.--An Executive agency may
not post on the grants website maintained under this
section any sensitive information that the Executive
agency determines would adversely affect an applicant.
``(e) Submission and Publication of Grant Solicitation Forecast on
the Grants Website.--
``(1) Requirement.--Not later than November 30 of each
fiscal year or not later than 60 days after the date on which
amounts are appropriated to an Executive agency for a fiscal
year, whichever is later, the head of the Executive agency
shall post a forecast, in accordance with paragraph (2), of all
nonemergency grant solicitations that the Executive agency
expects to issue for the following calendar year, which--
``(A) shall be based on the best information
available; and
``(B) shall not be binding on the Executive agency.
``(2) Matters included.--The forecast required under
paragraph (1) shall include, to the extent practicable, for
each expected grant solicitation in a machine-readable format--
``(A) a brief description of the subject and
purpose of the grant, organized by the organizational
unit of the Executive agency;
``(B) contact information for the organizational
unit or individual responsible for the grant, if known,
including name, telephone number, and electronic mail
address;
``(C) the expected or actual dates for the issuance
of the grant solicitation and application and the grant
application submission deadline;
``(D) the estimated amount of the average grant
award, the estimated maximum and minimum amounts of the
grant award, if applicable, and the estimated total
number of grant awards to be made; and
``(E) a description of the total amount available
to be awarded.
``(f) Publication of Information.--
``(1) In general.--Except as provided in paragraph (2),
nothing in this section shall be construed to require the
publication of information otherwise exempt from disclosure
under section 552 of title 5 (commonly referred to as the
`Freedom of Information Act').
``(2) Limitation.--The exemption under section 552(b)(5) of
title 5 shall not exempt from publication predecisional
documents required to be posted pursuant to the requirements
under subsection (d)(2).
``(g) Transparency of Information.--To the extent practicable, the
grants website maintained under this section shall--
``(1) make the information described in this section
available in its original format;
``(2) make the information described in this section
available without charge, license, or registration requirement;
``(3) permit the information described in this section to
be searched;
``(4) permit the information described in this section to
be downloaded in bulk;
``(5) permit the information described in this section to
be disseminated via automatic electronic means;
``(6) permit the information described in this section to
be freely shared by the public, such as by social media;
``(7) use permanent uniform resource locators for the
information described in this section; and
``(8) provide an opportunity for the public to provide
input about the usefulness of the site and recommendations for
improvements.
``Sec. 7404. Postdecision explanation for failed applicants
``If requested by an applicant for a competitive grant, for each
grant award made in an amount in excess of $100,000 pursuant to a
merit-based selection procedure, an Executive agency shall provide the
applicant with a timely direct interaction describing the basis for the
award decision of the Executive agency, including, if applicable, the
decision not to award a grant to the applicant.
``Sec. 7405. Inspector General review of peer review process
``Not later than 18 months after the date of enactment of the
Transparency in Government Act of 2019, the Inspector General of each
Executive agency that awards competitive grants shall conduct a review
of the effectiveness of the conflicts of interest policy of the
Executive agency, including a review of a random selection of peer
review processes, with respect to the peer review process for
competitive grants in order to detect favoritism.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle V of title 31, United States Code, is amended by inserting
after the item relating to chapter 73 the following:
``74. Grant transparency requirements....................... 7401''.
(c) Grants Workforce Report.--
(1) Definitions.--In this subsection:
(A) Executive agency.--The term ``Executive
agency'' has the meaning given the term in section 105
of title 5, United States Code, except the term does
not include the Government Accountability Office.
(B) Federal grants workforce.--The term ``Federal
grants workforce'', with respect to an Executive
agency, means all employees of the Executive agency who
spend some or all of their time engaged in--
(i) grant planning, including programmatic
activities;
(ii) preparing grant solicitations, Notices
of Funding Opportunity, Notices Inviting
Applications, or other requests for grant
proposals;
(iii) evaluating or reviewing grant
applications, including serving on a peer
review board;
(iv) monitoring or administering grant
performance by grantees;
(v) preparing the Notice of Award and
negotiating terms and conditions; or
(vi) post-award closeout activities,
including final technical and financial
reports.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives a report
on the Federal grants workforce, which shall address--
(A) the size of the Federal grants workforce and
expected trends in Federal employment for the Federal
grants workforce;
(B) the adequacy of training opportunities for the
Federal grants workforce;
(C) whether the Federal Acquisition Institute or
any other existing entity engaged in acquisition
workforce training should be made available for grant
training;
(D) whether a warrant system similar to that used
in the Federal acquisition system should be established
for Federal officials authorized to award grants;
(E) the use by Executive agencies of suspension and
debarment actions taken against grantees during the 3-
year period preceding the date on which the report is
submitted, and the level of agency resources assigned
to the suspension and debarment functions; and
(F) any recommendations for improving the Federal
grants workforce.
Subtitle B--Publication of Opinions of Office of Legal Counsel
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ``See UNdisclosed Legal
Interpretations and Get Honest Transparency Act of 2019'' or as the
``SUNLIGHT Act of 2019''.
SEC. 612. SCHEDULE OF PUBLICATION FOR FINAL OLC OPINIONS.
Each final opinion issued by the Office of Legal Counsel must be
made publicly available in its entirety as soon as is practicable,
but--
(1) not later than 30 days after the opinion is issued or
updated if such action takes place on or after the date of
enactment of this Act;
(2) not later than 1 year after the date of enactment of
this Act for an opinion issued on or after January 20, 1993;
(3) not later than 2 years after the date of enactment of
this Act for an opinion issued on or after January 20, 1981 and
before or on January 19, 1993;
(4) not later than 3 years after the date of enactment of
this Act for an opinion issued on or after January 20, 1969 and
before or on January 19, 1981; and
(5) not later than 4 years after the date of enactment of
this Act for all other opinions.
SEC. 613. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC
OPINIONS.
(a) In General.--A final OLC opinion or part thereof may be
withheld only to the extent--
(1) information contained in the opinion was--
(A) specifically authorized to be kept secret,
under criteria established by an Executive order, in
the interest of national defense or foreign policy;
(B) in fact properly classified, including all
procedural and marking requirements, pursuant to such
Executive order;
(C) the Attorney General determines that the
national defense or foreign policy interests protected
outweigh the public's interest in access to the
information; and
(D) has been put through declassification review
within the past two years;
(2) information contained in the opinion relates to the
appointment of a specific individual not confirmed to Federal
office;
(3) information contained in the opinion is specifically
exempted from disclosure by statute (other than sections 552
and 552b of title 5, United States Code), provided that such
statute--
(A) requires that the material be withheld in such
a manner as to leave no discretion on the issue; or
(B) establishes particular criteria for withholding
or refers to particular types of material to be
withheld;
(4) information in the opinion includes trade secrets and
commercial or financial information obtained from a person and
privileged or confidential whose disclosure would likely cause
substantial harm to the competitive position of the person from
whom the information was obtained;
(5) the President, in his or her sole and nondelegable
determination, formally and personally claims in writing that
executive privilege prevents the release of the information and
disclosure would cause specific identifiable harm to an
interest protected by an exception or the disclosure is
prohibited by law; or
(6) information in the opinion includes personnel and
medical files and similar files the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy.
(b) Determination To Withhold.--Any determination under this
section to withhold information contained in a final OLC opinion must
be made by the Attorney General or a designee of the Attorney General.
The determination shall be--
(1) in writing;
(2) made available to the public within the same timeframe
as is required of a formal OLC opinion;
(3) sufficiently detailed as to inform the public of what
kind of information is being withheld and the reason therefore;
and
(4) effective only for a period of 3 years, subject to
review and reissuance, with each reissuance made available to
the public.
(c) Final Opinions.--For final OLC opinions for which the text is
withheld in full or in substantial part, a detailed unclassified
summary of the opinion must be made available to the public, in the
same timeframe as required of the final OLC opinion, that conveys the
essence of the opinion, including any interpretations of a statute, the
Constitution, or other legal authority. A notation must be included in
any published list of OLC opinions regarding the extent of the
withholdings.
(d) No Limitation on Relief.--A decision by the Attorney General to
release or withhold information pursuant to this Act shall not preclude
any action or relief conferred by statutory or regulatory regime that
empowers any person to request or demand the release of information.
(e) Reasonably Segregable Portions of Opinions To Be Published.--
Any reasonably segregable portion of an opinion shall be provided after
withholding of the portions which are exempt under this subsection. The
amount of information withheld, and the exemption under which the
withholding is made, shall be indicated on the released portion of the
opinion, unless including that indication would harm an interest
protected by the exemption in this subsection under which the
withholding is made. If technically feasible, the amount of the
information withheld, and the exemption under which the withholding is
made, shall be indicated at the place in the opinion where such
withholding is made.
SEC. 614. METHOD OF PUBLICATION.
The Attorney General shall publish each final OLC opinion to the
extent the law permits, including by publishing the opinions on a
publicly accessible website that--
(1) with respect to each opinion--
(A) contains an electronic copy of the opinion,
including any transmittal letter associated with the
opinion, in an open format that is platform independent
and that is available to the public without
restrictions;
(B) provides the public the ability to retrieve an
opinion, to the extent practicable, through searches
based on--
(i) the title of the opinion;
(ii) the date of publication or revision;
or
(iii) the full text of the opinion;
(C) identifies the time and date when the opinion
was required to be published, and when the opinion was
transmitted for publication; and
(D) provides a permanent means of accessing the
opinion electronically;
(2) includes a means for bulk download of all OLC opinions
or a selection of opinions retrieved using a text-based search;
(3) provides free access to the opinions, and does not
charge a fee, require registration, or impose any other
limitation in exchange for access to the website; and
(4) is capable of being upgraded as necessary to carry out
the purposes of this Act.
SEC. 615. INDEX OF OPINIONS.
(a) Publication of Index.--
(1) In general.--The Office of Legal Counsel shall publish
a complete list of final OLC opinions, arranged
chronologically, within 90 days of the date of the enactment of
this Act.
(2) Updates and revisions.--The list of opinions shall be
updated immediately every time an OLC opinion becomes final,
and a revision to an opinion shall be listed as if it were a
new opinion.
(b) Requirements for List.--Each list under subsection (a) shall
comply with the following:
(1) The list must be made available to the public by
publication on the website under section 614.
(2) The list shall --
(A) include, for each opinion--
(i) the full name of the opinion;
(ii) the date it was finalized or revised;
(iii) each author's name;
(iv) each recipient's name;
(v) a summary of the opinion;
(vi) a unique identifier assigned to each
final or revised opinion; and
(vii) whether an opinion has been
withdrawn; and
(B) be published in both human-readable and
machine-readable formats.
SEC. 616. PRIVATE RIGHT OF ACTION.
On complaint, the district court of the United States in the
district in which the complainant resides, or has his principal place
of business, or in the District of Columbia, has jurisdiction to enjoin
the agency from withholding information contained in a final OLC
opinion and to order the production of information improperly withheld
from the complainant. In such a case the court shall determine the
matter de novo, and may examine the contents of such OLC opinion in
camera to determine whether such information or any part thereof shall
be withheld under any of the exemptions set forth in section 613, and
the burden is on the agency to sustain its action.
SEC. 617. SEVERABILITY.
If any provision of this subtitle, any amendment made by this
subtitle, or the application thereof to any person or circumstances is
held invalid, the validity of the remainder of this subtitle, of any
such amendments, and of the application of such provisions to other
persons and circumstances shall not be affected thereby.
SEC. 618. DEFINITIONS.
(a) OLC Opinion.--The term ``OLC opinion'' means views on a matter
of legal interpretation communicated by the Office of Legal Counsel of
the Department of Justice to any other office or agency, or person in
an office or agency, in the Executive Branch, including any office in
the Department of Justice, the White House, or the Executive Office of
the President, and rendered in accordance with sections 511-513 of
title 28, United States Code. Where the communication of the legal
interpretation takes place verbally, a memorialization of that
communication qualifies as an ``OLC opinion''.
(b) Final OLC Opinion.--The term ``final OLC opinion'' means an OLC
opinion that--
(1) the Attorney General, Assistant Attorney General for
OLC, or a Deputy Assistant General for OLC, has determined is
final;
(2) government officials or government contractors are
relying on;
(3) is relied upon to formulate legal guidance; or
(4) is directly or indirectly cited in another Office of
Legal Counsel opinion.
(c) Revised OLC Opinion.--The term ``revised OLC opinion'' means an
OLC opinion that is withdrawn, information is added to, or information
is removed from.
Subtitle C--Contempt of Congress Procedures and Enforcement
SEC. 621. AVAILABILITY OF CIVIL ACTION TO ENFORCE HOUSE OF
REPRESENTATIVES SUBPOENAS.
(a) Civil Action.--The House of Representatives may in a civil
action obtain any appropriate relief to enforce compliance with a
subpoena or order of the House, or to enforce compliance with a
subpoena or order issued by a committee or subcommittee of the House
authorized to issue a subpoena or order, if the House by resolution
authorizes the commencement of that civil action.
(b) Representation by General Counsel.--Unless the House otherwise
provides, the Office of the General Counsel of the House of
Representatives shall represent the House in the civil action.
(c) Personal Jurisdiction.--Personal jurisdiction of the court over
a defendant in a civil action under this section extends outside the
territorial jurisdiction of the court if the claim--
(1) arose out of conduct by the defendant--
(A) within that territorial jurisdiction, or
(B) causing any injury, including informational
injury to the right of the House to make an
investigation, within that territorial jurisdiction; or
(2) otherwise has a reasonable relationship to contacts of
the defendant with the territorial jurisdiction.
(d) Assessment of Competing Interests.--
(1) In general.--In any civil action brought under this
section, if the court has determined that the information or
material which is the subject of the subpoena or order involved
is presumptively privileged based upon the President's
generalized interest in confidentiality, the House may overcome
this presumption by showing that--
(A) the House, or a committee or subcommittee
thereof, has a specific need for the information or
material in order to carry out its constitutional
obligations; and
(B) the information is not otherwise available.
(2) Enforcement.--If the court determines that the House,
or a committee or subcommittee thereof, has made the showing
described in paragraph (1), it shall enforce the subpoena or
order involved.
(e) Expedition of Trial and Appellate Proceedings.--The court shall
hear and determine a civil action under this section as expeditiously
as possible, and to the maximum extent practicable during the Congress
in which the action is commenced. Any appellate proceedings relating to
such a civil action shall similarly be expedited to assure to the
extent possible that the matter is fully resolved during the Congress
in which the action was commenced.
SEC. 622. ALTERNATE PROCEDURES FOR ENFORCEMENT OF CRIMINAL CONTEMPT OF
CONGRESS.
(a) Alternate Procedure.--
(1) Scope of application.--If the House of Representatives
finds a current or former officer or employee of the Executive
branch has violated section 102 of the Revised Statutes of the
United States (2 U.S.C. 192) or that any person has violated
such section at the direction of the President or another
officer of the executive branch, the procedures of this section
apply.
(2) Certification by speaker.--In accordance with section
104 of the Revised Statutes of the United States (2 U.S.C.
194), upon the finding by the House of Representatives of a
violation to which this section applies, the Speaker shall
certify that finding to the appropriate United States attorney,
whose duty it shall be to bring the matter before the grand
jury for its action.
(3) Circumstances leading to appointment of special
counsel.--If--
(A) the Attorney General or the United States
attorney to whom the finding was certified informs the
court or the House that the Department of Justice will
not prosecute the case; or
(B) by the end of the 30th day after the date of
receipt of a certification made under paragraph (2) a
grand jury has not returned an indictment based on the
violation alleged in the certification;
the Special Division established under subsection (b)
(hereinafter in this Act referred to as the ``Special
Division'') shall appoint a special counsel under subsection
(c). It shall be the duty of the Attorney General to inform
that court and the House if a grand jury does not return an
indictment by the end of the 30-day period. The Speaker of the
House, or any interested congressional party, may file with the
Special Division a suggestion that circumstances giving rise to
a duty to appoint a special counsel have occurred after the 30-
day period ends without the return of an indictment.
(b) Special Division.--
(1) Establishment.--There is hereby established within the
United States Court of Appeals for the District of Columbia a
Special Division to carry out the appointment of special
counsels under this section.
(2) Designation.--
(A) In general.--The Chief Justice of the United
States shall designate three judges or justices of the
United States, one of whom shall be an active judge of
the United States Court of Appeals for the District of
Columbia, to serve on the Special Division, except that
none of the judges or justices serving on the Special
Division may serve or have served on the same court.
(B) Priority.--In designating judges and justices
to serve on the Special Division, the Chief Justice
shall give priority to senior circuit judges and
retired justices of the United States Supreme Court.
(C) Deadline.-- The Chief Justice shall make the
first such designation not later than 45 days after the
date of the enactment of this Act.
(3) Term of service.--Each designation to the Special
Division shall be for a term of 2 years, but the Chief Justice
may fill any vacancy arising before the end of a term for the
remainder of that term.
(c) Appointment, Qualifications, and Prosecutorial Jurisdiction of
Special Counsel, and Administrative Matters Relating to the Special
Counsel.--
(1) Appointment, qualifications, and prosecutorial
jurisdiction of special counsel.--
(A) Appointment and qualifications.--The Special
Division shall appoint the special counsel, who must be
an attorney in good standing with substantial
prosecutorial experience--
(i) who has not served in any capacity in
the administration of the President who is or
who was in office at the time the Speaker of
the House certified the finding of a violation;
and
(ii) who is or who was not a Member,
officer, or employee of Congress at the time
the Speaker of the House certified the finding
of a violation.
(B) Prosecutorial jurisdiction.--The Special
Division shall define the special counsel's
prosecutorial jurisdiction as comprising the
investigation and prosecution of the alleged violation,
any conspiracy to commit the alleged violation, and any
perjury, false statement, or obstruction of justice
occurring in relation to such investigation and
prosecution.
(2) Authority of special counsel with respect to matters
within prosecutorial jurisdiction.--With respect to all matters
in that special counsel's prosecutorial jurisdiction, a special
counsel appointed under this section shall have full power and
independent authority to exercise all prosecutorial functions
and powers, and any other functions and powers normally
ancillary thereto, of the Department of Justice, the Attorney
General, and any other officer or employee of the Department of
Justice, except that the Attorney General shall exercise
direction or control as to those matters that specifically
require the Attorney General's personal action under section
2516 of title 18, United States Code.
(3) Compliance with policies of the department of
justice.--
(A) In general.--A special counsel shall, except to
the extent that to do so would be inconsistent with the
purposes of this section, comply with the written or
other established policies of the Department of Justice
respecting enforcement of the criminal laws.
(B) National security.--A special counsel shall
comply with guidelines and procedures used by the
Department in the handling and use of classified
material.
(4) Salary.--The special counsel shall receive a salary
equivalent to the salary of the United States Attorney for the
District of Columbia.
(5) Staff.--The special counsel may appoint and fix the
salaries of such staff, not to exceed 12 in number, as the
special counsel deems necessary to carry out the functions of
the special counsel under this section. However, no salary of a
member of such staff may exceed the salary of the special
counsel.
(6) Expenses.--The Department of Justice shall pay all
costs relating to the establishment and operation of any office
of special counsel. The Attorney General shall submit to the
Congress, not later than 30 days after the end of each fiscal
year, a report on amounts paid during that fiscal year for
expenses of investigations and prosecutions the special
counsel.
(7) Report to congress.--Each special counsel shall report
to Congress annually on the special counsel's activities under
this section. The report shall include a description of the
progress of any investigation or prosecution conducted by the
special counsel and provide information justifying the costs of
the activities reported on.
(d) Removal of Special Counsel.--
(1) In general.--A special counsel may be removed from
office, other than by impeachment and conviction, only by the
personal action of the Attorney General, and only for good
cause, physical or mental disability, or any other condition
that substantially impairs the performance of that special
counsel's duties.
(2) Report upon removal.--If a special counsel is removed
from office, the Attorney General shall promptly submit to the
Special Division and to Congress a report specifying the facts
found and the ultimate grounds for the removal.
(3) Judicial review of removal.--A special counsel removed
from office may obtain judicial review of the removal in a
civil action. The Special Division may not hear or determine
any appeal of a decision in any such civil action. The special
counsel may be reinstated or granted other appropriate relief
by order of the court.
(4) Appointment of replacement.--Upon removal of a special
counsel, the Special Division shall appoint a similarly
qualified individual to continue the functions of the special
counsel.
(e) Termination of Special Counsel's Authority.--
(1) In general.--The authority of the special counsel shall
cease 2 years after the date of the special counsel's
appointment, but the Special Division may extend that authority
for an additional period not to exceed one year, if the Special
Division finds good cause to do so. Good cause to do so
includes that the investigation or prosecution undertaken by
the special counsel has been delayed by dilatory tactics by
persons who could provide evidence that would significantly
assist the investigation or prosecution, and also includes the
need to allow the special counsel to participate in any
appellate proceedings related to prosecutions engaged in by the
special counsel.
(2) Termination by court.--The Special Division, either on
the Special Division's own motion or upon the request of the
Attorney General, may terminate an office of special counsel at
any time, on the ground that the investigation of all matters
within the prosecutorial jurisdiction of such special counsel,
and any resulting prosecutions, have been completed or so
substantially completed that it would be appropriate for the
Department of Justice to complete such investigations and
prosecutions.
SEC. 623. INCREASE IN PENALTY FOR CONTEMPT OF CONGRESS.
Section 102 of the Revised Statutes of the United States (2 U.S.C.
192) is amended by striking ``deemed'' and all that follows through
``twelve months'' and inserting ``fined not more than $1,000,000 or
imprisoned not more than 2 years, or both''.
SEC. 624. AUTHORITY OF UNITED STATES CAPITOL POLICE TO ENFORCE
CITATIONS.
(a) Authority.--Section 9B(a) of the Act entitled ``An Act to
define the area of the United States Capitol Grounds, to regulate the
use thereof, and for other purposes'', approved July 31, 1946 (2 U.S.C.
1967(a)), is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) within any area, to enforce a citation issued with
respect to a violation of section 102 of the Revised Statutes
of the United States which relates to the House of
Representatives, or any citation issued with respect to a
resolution adopted by the House citing a person for contempt of
the House.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to citations issued on or after the expiration of
the 90-day period which begins on the date of the enactment of this
Act.
SEC. 625. COLLECTION OF PENALTIES IMPOSED BY THE HOUSE OF
REPRESENTATIVES ON PERSONS CITED FOR CONTEMPT OF HOUSE.
(a) Civil Action.--If the House of Representatives adopts a
resolution citing a person for contempt of the House, the House may
commence a civil action to collect a monetary penalty from the person
if the House by subsequent resolution authorizes the commencement of
that civil action.
(b) Representation by General Counsel.--Unless the House otherwise
provides, the Office of the General Counsel of the House of
Representatives shall represent the House in the civil action.
(c) Personal Jurisdiction.--Personal jurisdiction of the court over
a defendant in a civil action under this section extends outside the
territorial jurisdiction of the court if the claim--
(1) arose out of conduct by the defendant--
(A) within that territorial jurisdiction; or
(B) causing any injury, including informational
injury to the right of the House to make an
investigation, within that territorial jurisdiction; or
(2) otherwise has a reasonable relationship to contacts of
the defendant with the territorial jurisdiction.
(d) Expedition of Trial and Appellate Proceedings.--The court shall
hear and determine a civil action under this section as expeditiously
as possible, and to the maximum extent practicable during the Congress
in which the action is commenced. Any appellate proceedings relating to
such a civil action shall similarly be expedited to assure to the
extent possible that the matter is fully resolved during the Congress
in which the action was commenced.
SEC. 626. NO EFFECT OF EXPIRATION OF CONGRESS ON PENDING ACTIONS.
Any civil action commenced by the House of Representatives pursuant
to this subtitle, and the authority of the Office of the General
Counsel of the House of Representatives with respect to the action,
shall not be rendered moot or otherwise affected as the result of the
expiration of the Congress in which the House commenced the action.
TITLE VII--STRENGTHENING THE FREEDOM OF INFORMATION ACT
SEC. 701. AGENCY DEFINED.
In this title, the term ``agency'' has the meaning given that term
under section 551 of title 5, United States Code.
SEC. 702. DIGITAL ACCESS TO COMPLETED RESPONSES TO THE FREEDOM OF
INFORMATION ACT.
(a) Requirement.--
(1) Database of completed foia requests.--Each agency shall
make available all materials contained in the agency's
completed response to a request under section 552 of title 5,
United States Code (in this section referred to as a ``FOIA
request''), in a structured database or in a searchable,
sortable, downloadable, machine-readable database not later
than two months after the date on which the FOIA request was
completed.
(2) Electronic format.--All information is presumed to be
available in an electronic format as described in paragraph (1)
unless the agency demonstrates that excessive cost would place
an undue burden on the agency.
(b) Public Availability.--All information included in the agency's
completed response to a FOIA request shall be made available to the
public electronically and without cost through each agency's website.
SEC. 703. FOIAONLINE FOR AGENCIES.
Not later than 180 days after the date of the enactment of this
Act, the head of each agency shall use FOIAonline to log, track, and
publish all requests received under section 552 of title 5, United
States Code.
SEC. 704. FREEDOM OF INFORMATION ACT AMENDMENTS.
(a) Judicial Review of Complaints.--Section 552(a)(4)(B) of title
5, United States Code, is amended by inserting after ``withheld from
the complainant'' the following: ``or the public''.
(b) Presumption of Openness.--
(1) Amendments.--Section 552(b) of title 5, United States
Code, is amended--
(A) in paragraph (3)(B), by inserting ``with an
explanation for the exemption'' after ``specifically
cites to this paragraph'';
(B) in paragraph (5), by inserting before the
semicolon at the end the following: ``and excluding--
``(A) opinions that are controlling interpretations
of law;
``(B) final reports or memoranda created by an
entity other than the agency, including other
Governmental entities, at the request of the agency and
used to make a final policy decision; and
``(C) guidance documents used by the agency to
respond to the public;'';
(C) in paragraph (6), by striking ``similar files''
and inserting ``personal information such as contact
information or financial information''; and
(D) in the matter following paragraph (9)--
(i) by inserting before ``Any reasonably
segregable portion'' the following: ``An agency
may not withhold information under this
subsection unless such agency reasonably
foresees that disclosure would cause specific
identifiable harm to an interest protected by
an exemption, or if disclosure is prohibited by
law.''; and
(ii) by inserting before ``If technically
feasible,'' the following: ``For each record
withheld in whole or in part under paragraph
(3), the agency shall identify the statute that
exempts the record from disclosure.''.
(2) Exemption decision transparency.--Section
552(a)(6)(C)(i) of title 5, United States Code, is amended by
striking the fourth sentence and inserting at the end the
following: ``Any notification of denial or partial denial of
any request for records under this subsection shall set forth
each name and title or position of each person responsible for
the denial or partial denial or any decision to withhold a
responsive record under subsection (b).''.
(c) Government Accountability Office.--Subsection (i) of section
552 of title 5, United States Code, is amended to read as follows:
``(i) The Government Accountability Office shall--
``(1) conduct audits of administrative agencies on
compliance with and implementation of the requirements of this
section and issue reports detailing the results of such audits;
``(2) catalog the number of exemptions under subsection
(b)(3) and agency use of such exemptions; and
``(3) review and prepare a report on the processing of
requests by agencies for information pertaining to an entity
that has received assistance under title I of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.)
during any period in which the Government owns or owned more
than 50 percent of the stock of such entity.''.
(d) Annual Report by Congressional Research Service.--Section 552
of title 5, United States Code, is amended by adding at the end the
following new subsection:
``(n) The Congressional Research Service shall, on an annual basis,
provide the Committee on Oversight and Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate with a list of statutes described in subsection
(b)(3). Each such list shall be made publicly available.''.
TITLE VIII--IMPROVING TRANSPARENCY WITHIN THE JUDICIAL SYSTEM
SEC. 801. TELEVISING SUPREME COURT PROCEEDINGS.
(a) In General.--Chapter 45 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 678. Televising Supreme Court proceedings
``The Supreme Court shall permit television coverage of all open
sessions of the Court unless the Court decides, by a vote of the
majority of justices, that allowing such coverage in a particular case
would constitute a violation of the due process rights of one or more
of the parties before the Court.''.
(b) Clerical Amendment.--The chapter analysis for chapter 45 of
title 28, United States Code, is amended by adding at the end the
following:
``678. Televising Supreme Court proceedings.''.
SEC. 802. AUDIO RECORDING OF SUPREME COURT PROCEEDINGS.
The Chief Justice of the United States shall ensure that the audio
of an oral argument before the Supreme Court of the United States is
recorded and is made publicly available on the internet website of the
Supreme Court at the same time that it is recorded.
SEC. 803. AVAILABILITY ON THE INTERNET OF FINANCIAL DISCLOSURE REPORTS
OF JUDICIAL OFFICERS.
Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. App.
103), as amended by this Act, is further amended by inserting at the
end the following:
``(n) The Judicial Conference shall make available any report filed
with it under this title by a judicial officer within 48 hours of the
applicable submission deadline on the website of the Judicial
Conference in a searchable, sortable, downloadable, machine-readable
format.''.
SEC. 804. GAO AUDIT OF PACER.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct an
audit of the public access to court electronic records system
maintained by the Administrative Office of the United States Courts,
and shall submit to Congress, the Administrative Office of the United
States Courts, and any other appropriate Federal agency or office, a
report that contains the results of the audit, along with any
recommendations for improving the public access to court electronic
records system.
SEC. 805. ELECTRONIC COURT RECORDS REFORM.
(a) Consolidation of the Case Management/Electronic Case Files
System.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Director of the Administrative
Office of the United States Courts, in coordination with the
Administrator of General Services, shall consolidate the Case
Management/Electronic Case Files system, and shall develop one
system for all filings with courts of the United States, which
shall be administered by the Administrative Office of the
United States Courts.
(2) Use of technology.--In developing the system under
paragraph (1), the Director shall use modern technology in
order--
(A) to improve security, data accessibility,
affordability, and performance; and
(B) to minimize the burden on pro se litigants.
(3) Availability to states.--
(A) In general.--A State may choose to participate
in the system developed under this subsection.
(B) Fee.--The Director shall charge a fee to a
State that chooses to participate in the system, which
is set at a level to recover the cost of providing the
services associated with the administration and
maintenance of the system to the State.
(b) Public Access to Court Electronic Records System
Requirements.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Director of the Administrative
Office of the United States Courts, in coordination with the
Administrator of General Services, shall update the Public
Access to Court Electronic Records system, which shall be
subject to the following requirements:
(A) A document filed with a court shall be made
publicly accessible upon filing, except as ordered by a
court or by rule of the Judicial Conference.
(B) All documents on the system shall be available
to the public and to parties before the court free of
charge.
(C) Any information that is prohibited from public
disclosure by law or court order shall be redacted.
(D) All documents shall be text-searchable and
machine-readable.
(E) To the extent practicable, external websites
shall be able to link to documents on the system.
(F) The system shall include digital audio and
visual files of court recordings, when such files are
available.
(G) The system shall provide search functions for
public use.
(2) Minimizing the burden on pro se litigants.--In
developing the system to comply with the requirements under
paragraph (1), the Director shall, to the extent practicable,
not impose a disproportionate impact on pro se litigants.
(3) Use of technology.--In developing the system under
paragraph (1), the Director shall use modern technology in
order--
(A) to improve security, data accessibility,
affordability, and performance; and
(B) to minimize the burden on pro se litigants.
(4) Authority to exempt certain documents.--The Director
may identify categories of documents which are not made
publicly accessible under subsection (a)(1), and categories of
court proceedings, the recordings of which are not made
available under paragraph (1)(F).
(c) Definition of Machine-Readable.--In this section, the term
``machine-readable'' means a format in which information or data can be
easily processed by a computer without human intervention while
ensuring no semantic meaning is lost.
TITLE IX--ENFORCEMENT
SEC. 901. AUDITS BY THE GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Audit Requirement.--The Comptroller General shall conduct
annual audits of the implementation of the provisions in this Act, and
shall submit annually to the Committee on Oversight and Reform of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the results of the
audits.
(b) Matters Covered by Audits.--Audits conducted under this section
shall address whether the congressional and executive branch data that
is required to be provided to the public through the internet is each
of the following:
(1) Complete.--Made available, except for data that is
subject to privacy, security, or privilege exemptions.
(2) Primary.--Collected at the source, with the highest
possible level of granularity, not in aggregate or modified
forms.
(3) Timely.--Made available as quickly as necessary to
preserve the value of the data.
(4) Accessible.--Available to the widest range of users for
the widest range of purposes.
(5) Machine processable.--Reasonably structured to allow
automated processing.
(6) Non-discriminatory.--Available to anyone, with no
registration requirement.
(7) Non-proprietary.--Available in a format over which no
entity has exclusive control.
(8) License-free.--Not subject to any copyright, patent,
trademark, or trade secret regulation (with reasonable privacy,
security, and privilege restrictions).
(c) Current Standards.--Audits conducted under this section shall
also address whether the data provided to the public under this Act is
produced and maintained using current standards for data publication.
TITLE X--MISCELLANEOUS
SEC. 1001. TRANSFER OF CERTAIN RECORDS TO ARCHIVIST OF UNITED STATES.
(a) In General.--Subject to subsection (b), not later than 90 days
after the date of the enactment of this Act, the Attorney General of
the United States shall transfer to the Archivist of the United States
each record--
(1) created during the period beginning on January 1, 1981,
and ending December 31, 1986; and
(2) subject to Item 7 of Records Schedule N1-60-10-31 of
the National Archives and Records Administration.
(b) Retention.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Attorney General of the United
States may submit to the Archivist of the United States a
written request to retain any record described in subsection
(a), in accordance with section 1235.14 of title 36, Code of
Federal Regulations. The Archivist shall approve or deny each
such request not later than 60 days after receiving the
request.
(2) Transfer of records after denial.--Not later than 30
days after the Archivist of the United States denies a request
under paragraph (1), the Attorney General shall transfer to the
Archivist each record for which the request for retention has
been denied.
(c) Enforcement.--If the Attorney General fails to comply with the
requirements of this section, the Archivist of the United States may
bring an action in the proper district court of the United States to
enforce compliance with this section.
SEC. 1002. DATA STANDARDS.
(a) In General.--Subtitle A of title I of the Financial Stability
Act of 2010 (12 U.S.C. 5311 et seq.) is amended by adding at the end
the following:
``SEC. 124. DATA STANDARDS.
``(a) In General.--The Secretary of the Treasury shall, by rule,
promulgate data standards for the information reported to member
agencies by financial entities under the jurisdiction of the member
agency and the data collected from member agencies on behalf of the
Council.
``(b) Standardization.--Member agencies, in consultation with the
Secretary of the Treasury, shall implement regulations promulgated by
the Secretary of the Treasury under subsection (a) to standardize the
types and formats of data reported to member agencies or collected on
behalf of the Council, as described under subsection (a). If a member
agency fails to implement such regulations prior to the expiration of
the 3-year period following the date of publication of final
regulations, the Secretary of the Treasury, in consultation with the
Chairperson, may implement such regulations with respect to the
financial entities under the jurisdiction of the member agency.
``(c) Data Standards.--
``(1) Common identifiers and data formats.--The data
standards promulgated under subsection (a) shall include--
``(A) common identifiers for information reported
to member agencies or collected on behalf of the
Council, including a common legal entity identifier for
all entities required to report to member agencies; and
``(B) common data formats for information reported
to member agencies or collected on behalf of the
Council.
``(2) Data standard requirements.--The data standards
promulgated under subsection (a) shall, to the extent
practicable--
``(A) render information fully searchable and
machine-readable;
``(B) be nonproprietary;
``(C) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(D) be consistent with and implement applicable
accounting and reporting principles.
``(3) Consultation.--In promulgating data standards under
subsection (a), the Secretary of the Treasury shall consult
with other Federal departments and agencies and multi-agency
initiatives responsible for Federal data standards.
``(4) Interoperability of data.--In promulgating data
standards under subsection (a), the Secretary of the Treasury
shall seek to promote interoperability of financial regulatory
data across members of the Council.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act is
amended by inserting after the item relating to section 123 the
following:
``Sec. 124. Data standards.''.
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