[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5220 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5220
To strengthen and enhance the congressional power of the purse, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 2025
Mr. Boyle of Pennsylvania (for himself, Mr. Doggett, Mr. Scott of
Virginia, Mr. Peters, Mr. Panetta, Mrs. Watson Coleman, Ms. Plaskett,
Ms. Escobar, Ms. Omar, Ms. Balint, Ms. Kaptur, Ms. Jayapal, Mr. Tonko,
Ms. Chu, Mr. McGarvey, and Mr. Amo) introduced the following bill;
which was referred to the Committee on the Budget, and in addition to
the Committees on Oversight and Government Reform, Transportation and
Infrastructure, Rules, Foreign Affairs, the Judiciary, and Energy and
Commerce, 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 strengthen and enhance the congressional power of the purse, 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 ``Congressional Power of the Purse
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--STRENGTHENING CONGRESSIONAL CONTROL AND REVIEW TO PREVENT
IMPOUNDMENT
Sec. 101. Prohibition on fast-track procedures under the Impoundment
Control Act of 1974.
Sec. 102. Strengthening congressional control.
Sec. 103. Strengthening congressional review.
Sec. 104. Updated authorities for and reporting by the Comptroller
General.
Sec. 105. Advance congressional notification and litigation.
Sec. 106. Penalties for failure to comply with the Impoundment Control
Act of 1974.
Sec. 107. Clarification of treatment of GAO report as special message.
Sec. 108. Congressional designations.
TITLE II--STRENGTHENING TRANSPARENCY AND REPORTING
Subtitle A--Funds Management and Reporting to the Congress
Sec. 211. Expired balance reporting in the President's budget.
Sec. 212. Cancelled balance reporting in the President's budget.
Sec. 213. Lapse in appropriations--reporting in the President's budget.
Sec. 214. Transfer and other repurposing authority reporting in the
President's budget.
Sec. 215. Authorizing cancellations in indefinite accounts by
appropriation.
Sec. 216. National Emergencies Act declaration spending reporting in
the President's budget.
Subtitle B--Empowering Congressional Review Through Nonpartisan
Congressional Agencies and Transparency Initiatives
Sec. 221. Requirement to respond to requests for information from the
Comptroller General for budget and
appropriations law decisions.
Sec. 222. Reporting requirements for Antideficiency Act violations.
Sec. 223. Department of Justice reporting to Congress for
Antideficiency Act violations.
Sec. 224. Treatment of requests for information from Members of
Congress.
Sec. 225. Suits by Comptroller General for Antideficiency Act
violations.
Sec. 226. Inspector General for the Office of Management and Budget.
Sec. 227. Publication of budget or appropriations law opinions of the
Department of Justice Office of Legal
Counsel.
TITLE III--REPUBLIC ACT
Sec. 301. Short title.
Subtitle A--Congressional Review of National Emergencies
Sec. 311. Congressional review of national emergencies.
Sec. 312. Reporting requirements.
Sec. 313. Exclusion of certain national emergencies invoking
International Emergency Economic Powers
Act.
Sec. 314. Conforming amendments.
Sec. 315. Effective date; applicability.
Subtitle B--Limitations on Emergency Authorities
Sec. 321. Presidential war powers under Communications Act of 1934.
Sec. 322. Disclosure to Congress of presidential emergency action
documents.
TITLE I--STRENGTHENING CONGRESSIONAL CONTROL AND REVIEW TO PREVENT
IMPOUNDMENT
SEC. 101. PROHIBITION ON FAST-TRACK PROCEDURES UNDER THE IMPOUNDMENT
CONTROL ACT OF 1974.
Notwithstanding any other provision of law, during the period
beginning on the date of the enactment of this Act and ending on
January 20, 2029, the procedures under section 1017 of the Impoundment
Control Act of 1974 (2 U.S.C. 688) shall have no force or effect.
SEC. 102. STRENGTHENING CONGRESSIONAL CONTROL.
(a) In General.--Part B of the Impoundment Control Act of 1974 (2
U.S.C. 682 et seq.) is amended by adding at the end the following:
``prudent obligation of budget authority and specific requirements for
expiring budget authority
``Sec. 1018. (a) Special Message Requirement.--With respect to
budget authority proposed to be rescinded or that is set to be reserved
or proposed to be deferred in a special message transmitted under
section 1012 or 1013, such budget authority--
``(1) shall be made available for obligation in sufficient
time to be prudently obligated as required under section
1012(b) or 1013; and
``(2) may not be deferred or otherwise withheld from
obligation during the 90-day period before the expiration of
the period of availability of such budget authority, including,
if applicable, the 90-day period before the expiration of an
initial period of availability for which such budget authority
was provided.
``(b) Administrative Requirement.--With respect to an apportionment
of an appropriation (as that term is defined in section 1511 of title
31, United States Code) made pursuant to section 1512 of such title, an
appropriation shall be apportioned--
``(1) to make available all amounts for obligation in
sufficient time to be prudently obligated; and
``(2) to make available all amounts for obligation, without
precondition (including footnotes) that shall be met prior to
obligation, not later than 90 days before the expiration of the
period of availability of such appropriation, including, if
applicable, 90 days before the expiration of an initial period
of availability for which such appropriation was provided.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act is amended by inserting after the item relating to section
1017 the following:
``1018. Prudent obligation of budget authority and specific
requirements for expiring budget
authority.''.
SEC. 103. STRENGTHENING CONGRESSIONAL REVIEW.
(a) In General.--Part B of the Impoundment Control Act of 1974 (2
U.S.C. 682 et seq.), as amended by section 102(a), is further amended
by adding at the end the following:
``reporting on apportionment of appropriations by departments and
agencies
``Sec. 1019. Each department or agency shall--
``(1) notify the Committee on the Budget and the Committee
on Appropriations of the House of Representatives, the
Committee on the Budget and the Committee on Appropriations of
the Senate, and any other appropriate congressional committees
if--
``(A) an apportionment is not made in the required
time period provided in section 1513(b) of title 31,
United States Code;
``(B) an approved apportionment received by the
department or agency conditions the availability of an
appropriation on further action; or
``(C) an approved apportionment received by the
department or agency may hinder the prudent obligation
of such appropriation or the execution of a program,
project, or activity by such department or agency; and
``(2) include in each notification under paragraph (1)
information identifying the bureau, account name, appropriation
name, and Treasury Appropriation Fund Symbol or fund
account.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act, as amended by section 102(b), is further amended by inserting
after the item relating to section 1018 the following:
``1019. Reporting on apportionment of appropriations by departments and
agencies.''.
SEC. 104. UPDATED AUTHORITIES FOR AND REPORTING BY THE COMPTROLLER
GENERAL.
(a) In General.--Section 1015 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 686) is amended by adding at
the end the following:
``(c) Review.--
``(1) In general.--The Comptroller General shall--
``(A) review compliance with this part; and
``(B) submit to the Committee on the Budget, the
Committee on Appropriations, and the Committee on
Homeland Security and Governmental Affairs of the
Senate, the Committee on the Budget, the Committee on
Appropriations, and the Committee on Oversight and
Reform of the House of Representatives, and any other
appropriate congressional committee of the Senate or
the House of Representatives a report, and any relevant
information related to the report, on any noncompliance
with this part.
``(2) Information, documentation, and views.--The President
or the head of the relevant department or agency of the United
States shall provide information, documentation, and views to
the Comptroller General, as is determined by the Comptroller
General to be necessary to determine such compliance, not later
than 20 days after the date on which the request from the
Comptroller General is received, or if the Comptroller General
determines that a shorter or longer period is appropriate based
on the specific circumstances, within such shorter or longer
period.
``(3) Access.--To carry out the responsibilities of this
part, the Comptroller General shall have access to interview
the officers, employees, contractors, and other agents and
representatives of a department, agency, or office of the
United States at any reasonable time as the Comptroller General
may request.''.
(b) Rule of Construction.--Section 1001 of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 681) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) affecting or limiting in any way the authorities
provided to the Comptroller General under chapter 7 of title
31, United States Code.''.
SEC. 105. ADVANCE CONGRESSIONAL NOTIFICATION AND LITIGATION.
Section 1016 of the Impoundment Control Act of 1974 (2 U.S.C. 687)
is amended to read as follows:
``suits by comptroller general
``Sec. 1016. (a) In General.--If, under this title, budget
authority is required to be made available for obligation and such
budget authority is not made available for obligation or information,
documentation, views, or access are required to be produced and such
information, documentation, views, or access are not produced, the
Comptroller General is expressly empowered, through attorneys selected
by the Comptroller General, to bring a civil action in the United
States District Court for the District of Columbia to require such
budget authority to be made available for obligation or such
information, documentation, views, or access to be produced.
``(b) Court Authority.--In a civil action under subsection (a), the
court is expressly empowered to enter, against any department, agency,
officer, or employee of the United States, any decree, judgment, or
order which may be necessary or appropriate to make such budget
authority available for obligation or compel production of such
information, documentation, views, or access.
``(c) Notice.--No civil action shall be brought by the Comptroller
General to require budget authority be made available under this
section until the expiration of 15 calendar days following the date on
which an explanatory statement by the Comptroller General of the
circumstances giving rise to the action contemplated is filed with the
Speaker of the House of Representatives and the President of the
Senate, except that expiration of such period shall not be required if
the Comptroller General finds (and incorporates the finding in the
explanatory statement filed) that such delay would be contrary to the
public interest.''.
SEC. 106. PENALTIES FOR FAILURE TO COMPLY WITH THE IMPOUNDMENT CONTROL
ACT OF 1974.
(a) In General.--Part B of the Impoundment Control Act of 1974 (2
U.S.C. 682 et seq.), as amended by section 103(a), is further amended
by adding at the end the following:
``penalties for failure to comply
``Sec. 1020. (a) Administrative Discipline.--An officer or
employee of the United States Government who withholds or causes to be
withheld the obligation of budget authority that is required to be made
available for obligation under this part shall be subject to
appropriate administrative discipline, including, when circumstances
warrant, suspension from duty without pay or removal from office.
``(b) Criminal Penalty.--An officer or employee of the United
States Government who knowingly and willfully withholds or causes to be
withheld the obligation of budget authority that is required to be made
available for obligation under this part shall be fined not more than
$5,000, imprisoned for not more than 2 years, or both.
``(c) Reporting Violations.--
``(1) In general.--In the event of a violation of section
1001, 1012, 1013, or 1018 of this part, or in the case that the
Comptroller General issues a legal decision concluding that a
department, agency, or office of the United States violated
this part, the President or the head of the relevant department
or agency as the case may be, shall report immediately to
Congress all relevant facts and a statement of actions taken. A
copy of each report shall also be transmitted to the
Comptroller General and the relevant inspector general on the
same date the report is transmitted to the Congress.
``(2) Contents.--Any such report shall include a summary of
the facts pertaining to the violation, the title and Treasury
Appropriation Fund Symbol of the appropriation or fund account,
the amount involved for each violation, the date on which the
violation occurred, the position of any individuals responsible
for the violation, a statement of the administrative discipline
imposed and any further action taken with respect to any
officer or employee involved in the violation, a statement of
any additional action taken to prevent recurrence of the same
type of violation, and any written response by any officer or
employee identified by position as involved in the violation.
In the case that the Comptroller General issues a legal
decision concluding that a department, agency, or office of the
United States violated this part and the relevant department,
agency, or office does not agree that a violation has occurred,
the report provided to Congress, the Comptroller General, and
relevant inspector general will explain the position of the
department, agency, or office.
``(3) Opportunity to respond.--If any such report
identifies the position of any officer or employee as involved
in the violation, such officer or employee shall be provided a
reasonable opportunity to respond in writing, and any such
response shall be appended to the report.
``(d) Attorney General Review of Reports.--In the case that a
report is transmitted under subsection (c), the Attorney General shall
promptly review such report and investigate to the extent necessary to
determine whether there are reasonable grounds to believe that the
responsible officer or employee knowingly and willfully violated
section 1001, 1012, 1013, or 1018 of this part, as applicable. If the
Attorney General determines that there are such reasonable grounds, the
Attorney General diligently shall investigate a criminal violation
under this section.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act, as amended by section 103(b), is further amended by inserting
after the item relating to section 1019 the following:
``1020. Penalties for failure to comply.''.
SEC. 107. CLARIFICATION OF TREATMENT OF GAO REPORT AS SPECIAL MESSAGE.
Section 1015(a) of the Congressional Budget and Impoundment Control
Act of 1974 (2 U.S.C. 686(a)) is amended by striking the last sentence
and inserting ``Any funds with respect to which such reserve or
deferral apply may not be proposed for reservation or deferral pursuant
to a special message under section 1012 or 1013 on or after the date
that the Comptroller General submits such report.''.
SEC. 108. CONGRESSIONAL DESIGNATIONS.
Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) is amended--
(1) in clause (i), by striking ``and the President
subsequently so designates''; and
(2) in clause (ii), by striking ``and the President
subsequently so designates''.
TITLE II--STRENGTHENING TRANSPARENCY AND REPORTING
Subtitle A--Funds Management and Reporting to the Congress
SEC. 211. EXPIRED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following:
``(40) for the budget for each of fiscal years 2027 through
2031, a report--
``(A) identifying unobligated expired balances as
of the beginning of the current fiscal year and the
beginning of each of the preceding 2 fiscal years by
agency and the applicable Treasury Appropriation Fund
Symbol or fund account; and
``(B) providing explanation of unobligated expired
balances in any Treasury Appropriation Fund Symbol or
fund account that exceed the lesser of 5 percent of
total appropriations made available for that account or
$100,000,000.''.
SEC. 212. CANCELLED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 211, is further amended by adding at the end the following:
``(41) for the budget for each of fiscal years 2027 through
2031, a report--
``(A) identifying cancelled balances (pursuant to
section 1552(a)) for the preceding 3 fiscal years by
agency and Treasury Appropriation Fund Symbol or fund
account;
``(B) providing explanation of cancelled balances
in any Treasury Appropriation Fund Symbol or fund
account that exceed the lesser of 5 percent of total
appropriations made available for that account or
$100,000,000; and
``(C) including a tabulation, by Treasury
Appropriation Fund Symbol or fund account and
appropriation, of all balances of appropriations
available for an indefinite period in an appropriation
account available for an indefinite period that do not
meet the criteria for closure under section 1555, but
for which either--
``(i) the head of the agency concerned or
the President has determined that the purposes
for which the appropriation was made have been
carried out; or
``(ii) no disbursement has been made
against the appropriation--
``(I) in the prior year and the
preceding fiscal year; or
``(II) in the prior year and which
the budget estimates zero disbursements
in the current year.''.
SEC. 213. LAPSE IN APPROPRIATIONS--REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 212, is further amended by adding at the end the following:
``(42) a report--
``(A) identifying any obligation or expenditure
made by a department or agency affected in whole or in
part by any lapse in appropriations of 5 consecutive
days or more during the preceding fiscal year for which
amounts were not available; and
``(B) with respect to any such obligation or
expenditure, providing--
``(i) the amount so obligated or expended;
``(ii) the account affected;
``(iii) an explanation of the exception
under subchapter III of chapter 13 or
subchapter II of chapter 15 of this title, or
another legal authority, that permitted the
department or agency, as the case may be, to
incur such obligation or expenditure; and
``(iv) an explanation of any change in the
application of any exception under subchapter
III of chapter 13 or subchapter II of chapter
15 of this title for a program, project, or
activity from any explanations previously
reported on pursuant to this paragraph.''.
SEC. 214. TRANSFER AND OTHER REPURPOSING AUTHORITY REPORTING IN THE
PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 213, is further amended by adding at the end the following:
``(43) for the budget for fiscal year 2027, a report--
``(A) identifying any transfer authority or other
authority to repurpose appropriations provided in a law
other than an appropriation act; and
``(B) with respect to any such authority, providing
the citation to the statute, the list of departments or
agencies covered, an explanation of when such authority
may be used, and an explanation on any use of such
authority in the preceding 3 fiscal years.''.
SEC. 215. AUTHORIZING CANCELLATIONS IN INDEFINITE ACCOUNTS BY
APPROPRIATION.
(a) In General.--Subchapter IV of chapter 15 of title 31, United
States Code, is amended by inserting after section 1555 the following:
``Sec. 1555a. Cancellation of appropriations available for indefinite
periods within an account
``Any remaining balance (whether obligated or unobligated) from an
appropriation available for an indefinite period in an appropriation
account available for an indefinite period that does not meet the
requirements for closure under section 1555 shall be canceled, and
thereafter shall not be available for obligation or expenditure for any
purpose, if--
``(1) the head of the agency concerned or the President
determines that the purposes for which the appropriation was
made have been carried out; and
``(2) no disbursement has been made against the
appropriation for two consecutive fiscal years.''.
(b) Clerical Amendment.--The table of sections for subchapter IV of
chapter 15 of title 31, United States Code, is amended by inserting
after the item relating to section 1555 the following:
``1555a. Cancellation of appropriations available for indefinite
periods within an account.''.
SEC. 216. NATIONAL EMERGENCIES ACT DECLARATION SPENDING REPORTING IN
THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 214, is further amended by adding at the end the following:
``(44)(A) A report on the proposed, planned, and actual
obligations and expenditures of funds (for the prior fiscal
year, the current fiscal year, and the fiscal years for which
the budget is submitted) attributable to the exercise of powers
and authorities made available by statute for each national
emergency declared by the President, currently active or in
effect during the applicable fiscal years.
``(B) Obligations and expenditures contained in the report
under subparagraph (A) shall be organized by Treasury
Appropriation Fund Symbol or fund account and by program,
project, and activity, and include--
``(i) a description of each such program, project,
and activity;
``(ii) the authorities under which such funding
actions are taken; and
``(iii) the purpose and progress of such
obligations and expenditures toward addressing the
applicable national emergency.
``(C) Such report shall include, with respect to any
transfer, reprogramming, or repurposing of funds to address the
applicable national emergency--
``(i) the amount of such transfer, reprogramming,
or repurposing;
``(ii) the authority authorizing each such
transfer, reprogramming, or repurposing; and
``(iii) a description of programs, projects, and
activities affected by such transfer, reprogramming, or
repurposing, including by a reduction in funding.''.
Subtitle B--Empowering Congressional Review Through Nonpartisan
Congressional Agencies and Transparency Initiatives
SEC. 221. REQUIREMENT TO RESPOND TO REQUESTS FOR INFORMATION FROM THE
COMPTROLLER GENERAL FOR BUDGET AND APPROPRIATIONS LAW
DECISIONS.
(a) In General.--Subchapter II of chapter 7 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 722. Requirement to respond to requests for information from the
Comptroller General for budget and appropriations law
decisions
``(a) If an agency receives a written request for information,
documentation, or views from the Comptroller General relating to a
decision or opinion on budget or appropriations law, the agency shall
provide the requested information, documentation, or views not later
than 20 days after receiving the written request, unless such written
request specifically provides otherwise.
``(b) If an agency fails to provide the requested information,
documentation, or views within the time required by subsection (a)--
``(1) the Comptroller General shall notify, in writing, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Oversight and Accountability of the
House of Representatives, and any other appropriate
congressional committee of such failure;
``(2) the Comptroller General is hereby expressly
empowered, through attorneys selected by the Comptroller
General, to bring a civil action in the United States District
Court for the District of Columbia to require such information,
documentation, or views to be produced; and
``(3) the court in a civil action brought under paragraph
(2) is expressly empowered to enter against any department,
agency, officer, or employee of the United States any decree,
judgment, or order which may be necessary or appropriate to
require such production.
``(c) Nothing in this section shall be construed as affecting or
otherwise limiting the authorities provided to the Comptroller General
in section 716 of this title.''.
(b) Clerical Amendment.--The table of sections for subchapter II of
chapter 7 of title 31, United States Code, is amended by inserting
after the item relating to section 721 the following:
``722. Requirement to respond to requests for information from the
Comptroller General for budget and
appropriations law decisions.''.
SEC. 222. REPORTING REQUIREMENTS FOR ANTIDEFICIENCY ACT VIOLATIONS.
(a) Violations of Section 1341 or 1342.--Section 1351 of title 31,
United States Code, is amended--
(1) by striking ``If'' and inserting ``(a) If'';
(2) by inserting ``or if the Comptroller General determines
that an officer or employee of an executive agency or of the
District of Columbia government violated section 1341(a) or
1342,'' before ``the head of the agency'';
(3) by striking ``the Comptroller General'' and inserting
``the Comptroller General and the Attorney General''; and
(4) by adding at the end the following:
``(b) Any such report shall include a statement of the provision
violated, a summary of the facts pertaining to the violation, the title
and Treasury Appropriation Fund Symbol of the appropriation or fund
account, the amount involved for each violation, the date on which the
violation occurred, the position of any officer or employee responsible
for the violation, a statement of the administrative discipline imposed
and any further action taken with respect to any officer or employee
involved in the violation, a statement of any additional action taken
to prevent recurrence of the same type of violation, a statement of any
determination that the violation was not knowing and willful that has
been made by the executive agency or the District of Columbia
government, and any written response by any officer or employee
identified by position as involved in the violation. In the case that
the Comptroller General issues a legal decision concluding that section
1341(a) or 1342 was violated and the executive agency or the District
of Columbia government does not agree that a violation has occurred,
the report provided to the President, the Congress, and the Comptroller
General will explain the position of the executive agency or the
District of Columbia government.
``(c) If the Comptroller General finds that an officer or employee
of an executive agency or an officer or employee of the District of
Columbia government violated section 1341(a) or 1342 of this title, and
that the head of the agency or the Mayor of the District of Columbia
has failed to make the report required under subsection (a), the
Comptroller General shall make a report on the violation of section
1341(a) or 1342 and any available information concerning it to both
Houses of Congress.''.
(b) Violations of Section 1517.--Section 1517 of title 31, United
States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``or if the Comptroller General
determines that an officer or employee of an executive
agency or of the District of Columbia government
violated subsection (a),'' before ``the head of the
executive agency''; and
(B) by striking ``the Comptroller General'' and
inserting ``the Comptroller General and the Attorney
General''; and
(2) by adding at the end the following:
``(c) Any such report shall include a statement of the provision
violated, a summary of the facts pertaining to the violation, the title
and Treasury Appropriation Fund Symbol of the appropriation or fund
account, the amount involved for each violation, the date on which the
violation occurred, the position of any officer or employee responsible
for the violation, a statement of the administrative discipline imposed
and any further action taken with respect to any officer or employee
involved in the violation, a statement of any additional action taken
to prevent recurrence of the same type of violation, a statement of any
determination that the violation was not knowing and willful that has
been made by the executive agency or the District of Columbia
government, and any written response by any officer or employee
identified by position as involved in the violation. In the case that
the Comptroller General issues a legal decision concluding that
subsection (a) was violated and the executive agency or the District of
Columbia government does not agree that a violation has occurred, the
report provided to the President, the Congress, and the Comptroller
General will explain the position of the executive agency or the
District of Columbia government.''.
SEC. 223. DEPARTMENT OF JUSTICE REPORTING TO CONGRESS FOR
ANTIDEFICIENCY ACT VIOLATIONS.
(a) Violations of Sections 1341 or 1342.--Section 1350 of title 31,
United States Code, is amended--
(1) by striking ``An officer'' and inserting ``(a) An
officer''; and
(2) by adding at the end the following:
``(b)(1) If an executive agency or the District of Columbia
government reports, under section 1351, a violation of section 1341(a)
or 1342, the Attorney General shall promptly review such report and
investigate to the extent necessary to determine whether there are
reasonable grounds to believe that the responsible officer or employee
knowingly and willfully violated such section 1341(a) or 1342, as
applicable. If the Attorney General determines that there are such
reasonable grounds, the Attorney General diligently shall investigate a
criminal violation under this section.
``(2) The Attorney General shall submit to Congress and the
Comptroller General on or before March 31 of each calendar year an
annual report detailing separately for each executive agency and for
the District of Columbia government--
``(A) the number of reports under section 1351 transmitted
to the President during the preceding calendar year;
``(B) the number of reports reviewed in accordance with
paragraph (1) during the preceding calendar year;
``(C) without identification of any individual officer or
employee, a description of each investigation undertaken in
accordance with paragraph (1) during the preceding calendar
year and an explanation of the status of any such
investigation; and
``(D) without identification of any individual officer or
employee, an explanation of any update to the status of any
review or investigation previously reported pursuant to this
paragraph.''.
(b) Violations of Section 1517.--Section 1519 of title 31, United
States Code, is amended--
(1) by striking ``An officer'' and inserting ``(a) An
officer''; and
(2) by adding at the end the following:
``(b)(1) If an executive agency or the District of Columbia
government reports, under section 1517(b), a violation of section
1517(a), the Attorney General shall promptly review such report and
investigate to the extent necessary to determine whether there are
reasonable grounds to believe that the responsible officer or employee
knowingly and willfully violated such section 1517(a). If the Attorney
General determines that there are such reasonable grounds, the Attorney
General diligently shall investigate a criminal violation under this
section.
``(2) The Attorney General shall submit to Congress and the
Comptroller General on or before March 31 of each calendar year an
annual report detailing separately for each executive agency and for
the District of Columbia government--
``(A) the number of reports under section 1517(b)
transmitted to the President during the preceding calendar
year;
``(B) the number of reports reviewed in accordance with
paragraph (1) during the preceding calendar year;
``(C) without identification of any individual officer or
employee, a description of each investigation undertaken in
accordance with paragraph (1) during the preceding calendar
year and an explanation of the status of any such
investigation; and
``(D) without identification of any individual officer or
employee, an explanation of any update to the status of any
review or investigation previously reported pursuant to this
subsection.''.
SEC. 224. TREATMENT OF REQUESTS FOR INFORMATION FROM MEMBERS OF
CONGRESS.
Section 552(d) of title 5, United States Code (commonly known as
the ``Freedom of Information Act''), is amended, in the second
sentence, by inserting ``or any Member of Congress'' before the period
at the end.
SEC. 225. SUITS BY COMPTROLLER GENERAL FOR ANTIDEFICIENCY ACT
VIOLATIONS.
(a) In General.--Subchapter II of chapter 7 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 722. Suits by Comptroller General for ongoing Antideficiency Act
violations
``If the Comptroller General determines that an individual is
committing an ongoing violation of section 1341(a), 1342, or 1517(a),
the Comptroller General may, through attorneys of his own selection,
bring a civil action in the United States District Court for the
District of Columbia, and such court is hereby expressly empowered to
enter in such civil action, against any department, agency, officer, or
employee of the United States, any decree, judgment, or order, which
may be necessary or appropriate to stop the ongoing violation.''.
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding after the item relating to section 721 the
following:
``722. Suits by Comptroller General for Antideficiency Act
violations.''.
SEC. 226. INSPECTOR GENERAL FOR THE OFFICE OF MANAGEMENT AND BUDGET.
(a) Establishment of Office.--Section 401 of title 5, United States
Code, is amended--
(1) in paragraph (1), by inserting ``the Office of
Management and Budget,'' after ``means''; and
(2) in paragraph (3), by inserting ``the Director of the
Office of Management and Budget,'' after ``means''.
(b) Special Provisions Concerning the Inspector General of the
Office of Management and Budget.--Chapter 4 of title 5, United States
Code, is amended by inserting after section 424 the following new
section:
``Sec. 425. Special provisions concerning the Inspector General of the
Office of Management and Budget
``The Inspector General of the Office of Management and Budget
shall only have jurisdiction over those matters that--
``(1) have been specifically assigned to the Office under
law;
``(2) are legal requirements delegated to the Office; or
``(3) otherwise involve compliance with legal
requirements.''.
(c) Appointment.--Not later than 120 days after the date of the
enactment of this Act, the President shall appoint an individual to
serve as the Inspector General of the Office of Management and Budget
in accordance with section 403(a) of title 5, United States Code.
SEC. 227. PUBLICATION OF BUDGET OR APPROPRIATIONS LAW OPINIONS OF THE
DEPARTMENT OF JUSTICE OFFICE OF LEGAL COUNSEL.
(a) Schedule of Publication for Final OLC Opinions.--Each final OLC
opinion shall be made available on its public website in a manner that
is searchable, sortable, and downloadable 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.
(b) Exceptions and Limitation on Public Availability of Final OLC
Opinions.--
(1) In general.--A final OLC opinion or part thereof may be
withheld only to the extent--
(A) information contained in the opinion was--
(i) specifically authorized to be kept
secret, under criteria established by an
Executive order, in the interest of national
defense or foreign policy;
(ii) properly classified, including all
procedural and marking requirements, pursuant
to such Executive order;
(iii) the Attorney General determines that
the national defense or foreign policy
interests protected outweigh the public's
interest in access to the information; and
(iv) put through declassification review
within the past two years;
(B) information contained in the opinion relates to
the appointment of a specific individual not confirmed
to Federal office;
(C) information contained in the opinion is
specifically exempted from disclosure by statute (other
than sections 552 and 552b of title 5, United States
Code), if such statute--
(i) requires that the material be withheld
in such a manner as to leave no discretion on
the issue; or
(ii) establishes particular criteria for
withholding or refers to particular types of
material to be withheld;
(D) 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;
(E) 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
(F) 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.
(2) Determination to withhold.--Any determination under
this subsection to withhold information contained in a final
OLC opinion shall be made by the Attorney General or a designee
of the Attorney General. The determination shall be--
(A) in writing;
(B) made available to the public within the same
timeframe as is required of a formal OLC opinion;
(C) sufficiently detailed as to inform the public
of what kind of information is being withheld and the
reason therefore; and
(D) effective only for a period of 3 years, subject
to review and reissuance, with each reissuance made
available to the public.
(3) 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 shall 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 shall be included in any published list
of final OLC opinions regarding the extent of the withholdings.
(4) No limitation on freedom of information.--Nothing in
this subsection shall be construed as limiting the availability
of information under section 552 of title 5, United States Code
or construed as an exemption under paragraph (3) of subsection
(b) of such section.
(5) No limitation on relief.--A decision by the Attorney
General to release or withhold information pursuant to this
title 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.
(6) 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 section. 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 paragraph 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.
(c) 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 final 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 section.
(d) Definitions.--In this section:
(1) 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, and relating to--
(A) subtitle II, III, V, or VI of title 31, United
States Code;
(B) the Balanced Budget and Emergency Deficit
Control Act of 1985;
(C) the Congressional Budget and Impoundment
Control Act of 1974; or
(D) any appropriations Act, continuing resolution,
or other provision of law providing or governing
appropriations or budget authority.
(2) Final olc opinion.--The term ``final OLC opinion''
means an OLC opinion that--
(A) the Attorney General, Assistant Attorney
General for the Office of Legal Counsel, or a Deputy
Assistant Attorney General for the Office of Legal
Counsel, has determined is final; or
(B) is cited in another Office of Legal Counsel
opinion.
TITLE III--REPUBLIC ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Reforming Emergency Powers to
Uphold the Balances and Limitations Inherent in the Constitution Act''
or the ``REPUBLIC Act''.
Subtitle A--Congressional Review of National Emergencies
SEC. 311. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.
The National Emergencies Act (50 U.S.C. 1621 et seq.) is amended by
inserting after title I the following:
``TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.
``(a) Authority To Declare National Emergencies.--With respect to
Acts of Congress authorizing the exercise, during the period of a
national emergency, of any special or extraordinary power, the
President is authorized to declare such a national emergency by
proclamation. Such proclamation shall immediately be transmitted to
Congress and published in the Federal Register.
``(b) Specification of Provisions of Law To Be Exercised.--No
powers or authorities made available by statute for use during the
period of a national emergency shall be exercised unless and until the
President specifies the provisions of law under which the President
proposes that the President or other officers will act in--
``(1) a proclamation declaring a national emergency under
subsection (a); or
``(2) one or more Executive orders relating to the
emergency published in the Federal Register and transmitted to
Congress.
``(c) Prohibition on Subsequent Actions if Emergencies Not
Approved.--
``(1) Subsequent declarations.--If a joint resolution of
approval is not enacted under section 203 with respect to a
national emergency before the expiration of the 45-day period
described in section 202(a), or with respect to a national
emergency proposed to be renewed under section 202(b), the
President may not, during the remainder of the term of office
of that President, declare a subsequent national emergency
under subsection (a) with respect to the same circumstances.
``(2) Exercise of authorities.--If a joint resolution of
approval is not enacted under section 203 with respect to a
power or authority specified by the President in a proclamation
under subsection (a) or an Executive order under subsection
(b)(2) with respect to a national emergency, the President may
not, during the remainder of the term of office of that
President, exercise that power or authority with respect to
that emergency.
``(d) Effect of Future Laws.--No law enacted after the date of the
enactment of this Act shall supersede this title unless it does so in
specific terms, referring to this title, and declaring that the new law
supersedes the provisions of this title.
``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.
``(a) Temporary Effective Periods.--
``(1) In general.--A declaration of a national emergency
shall remain in effect for a period of 45 calendar days from
the issuance of the proclamation under section 201(a) (not
counting the day on which the proclamation was issued) and
shall terminate when such period expires unless there is
enacted into law a joint resolution of approval under section
203 with respect to the proclamation.
``(2) Exercise of powers and authorities.--Any emergency
power or authority made available under a provision of law
specified pursuant to section 201(b) may be exercised pursuant
to a declaration of a national emergency for a period of 45
calendar days from the issuance of the proclamation or
Executive order (not counting the day on which such
proclamation or Executive order was issued). That power or
authority may not be exercised after such period expires unless
there is enacted into law a joint resolution of approval under
section 203 approving--
``(A) the proclamation of the national emergency or
the Executive order; and
``(B) the exercise of the power or authority
specified by the President in such proclamation or
Executive order.
``(b) Renewal of National Emergencies.--A national emergency
declared by the President under section 201(a) or previously renewed
under this subsection through the enactment of a joint resolution of
approval, and not already terminated pursuant to subsection (a) or (c),
shall terminate on the date that is one year after the President
transmitted to Congress the proclamation declaring the emergency or the
joint resolution of approval was enacted into law, unless--
``(1) the President publishes in the Federal Register and
transmits to Congress an Executive order renewing the
emergency; and
``(2) there is enacted into law a joint resolution of
approval renewing the emergency pursuant to section 203 before
the termination of the emergency or previous renewal of the
emergency.
``(c) Termination of National Emergencies.--
``(1) In general.--Any national emergency declared by the
President under section 201(a) shall terminate on the earliest
of--
``(A) the date provided for in subsection (a);
``(B) the date provided for in subsection (b);
``(C) the date specified in an Act of Congress
terminating the emergency; or
``(D) the date specified in a proclamation of the
President terminating the emergency.
``(2) Effect of termination.--
``(A) In general.--Effective on the date of the
termination of a national emergency under paragraph
(1)--
``(i) except as provided by subparagraph
(B), any powers or authorities exercised by
reason of the emergency shall cease to be
exercised;
``(ii) any amounts reprogrammed or
transferred under any provision of law with
respect to the emergency that remain
unobligated on that date shall be returned and
made available for the purpose for which such
amounts were appropriated; and
``(iii) any contracts entered into pursuant
to authorities provided as a result of the
emergency shall be terminated.
``(B) Savings provision.--The termination of a
national emergency shall not affect--
``(i) any legal action taken or pending
legal proceeding not finally concluded or
determined on the date of the termination under
paragraph (1);
``(ii) any legal action or legal proceeding
based on any act committed prior to that date;
or
``(iii) any rights or duties that matured
or penalties that were incurred prior to that
date.
``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
``(a) Joint Resolution of Approval Defined.--In this section, the
term `joint resolution of approval' means a joint resolution that
contains, after its resolving clause, only--
``(1) a provision approving--
``(A) a proclamation of a national emergency made
under section 201(a);
``(B) an Executive order issued under section
201(b)(2); or
``(C) an Executive order issued under section
202(b); and
``(2) a provision approving a list of all or a portion of
the provisions of law specified by the President under section
201(b) in the proclamation or Executive order that is the
subject of the joint resolution.
``(b) Procedures for Consideration of Joint Resolutions of
Approval.--
``(1) Introduction.--After the President transmits to
Congress a proclamation declaring a national emergency under
section 201(a), or transmits to Congress an Executive order
specifying emergency powers or authorities under section
201(b)(2) or renewing a national emergency under section
202(b), a joint resolution of approval may be introduced in
either House of Congress by any member of that House.
``(2) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Reporting and discharge.--If each committee
to which a joint resolution of approval has been
referred has not reported it at the end of 10 calendar
days after its introduction, that committee shall be
automatically discharged from further consideration of
the resolution and it shall be placed on the calendar.
``(B) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, when
each committee to which a joint resolution of approval
is referred has reported the resolution, or is
discharged under subparagraph (A) from further
consideration of the resolution, it is at any time
thereafter in order (even though a previous motion to
the same effect has been disagreed to) for a motion to
proceed to the consideration of the joint resolution,
and all points of order against the joint resolution
(and against consideration of the joint resolution) are
waived. The motion to proceed is subject to 4 hours of
debate divided equally between those favoring and those
opposing the joint resolution of approval. The motion
is not subject to amendment, or to a motion to
postpone, or to a motion to proceed to the
consideration of other business.
``(C) Floor consideration.--A joint resolution of
approval shall be subject to 10 hours of consideration,
to be divided evenly between the proponents and
opponents of the resolution.
``(D) Amendments.--No amendments shall be in order
with respect to a joint resolution of approval.
``(E) Motion to reconsider final vote.--A motion to
reconsider a vote on passage of a joint resolution of
approval shall not be in order.
``(F) Appeals.--Points of order, including
questions of relevancy, and appeals from the decision
of the Presiding Officer, shall be decided without
debate.
``(3) Consideration in house of representatives.--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If each committee
to which a joint resolution of approval has been
referred has not reported it to the House within 10
calendar days after the date of referral, such
committee shall be discharged from further
consideration of the joint resolution.
``(B) Proceeding to consideration.--
``(i) In general.--Beginning on the third
legislative day after each committee to which a
joint resolution of approval has been referred
reports it to the House or has been discharged
from further consideration, and except as
provided in clause (ii), it shall be in order
to move to proceed to consider the joint
resolution in the House. All points of order
against the motion are waived. The previous
question shall be considered as ordered on the
motion to its adoption without intervening
motion. The motion shall not be debatable. A
motion to reconsider the vote by which the
motion is disposed of shall not be in order.
``(ii) Subsequent motions to proceed to
joint resolution of approval.--A motion to
proceed to consider a joint resolution of
approval shall not be in order after the House
has disposed of another motion to proceed on
that joint resolution.
``(C) Floor consideration.--Upon adoption of the
motion to proceed in accordance with subparagraph
(B)(i), the joint resolution of approval shall be
considered as read. All points of order against the
joint resolution of approval and against its
consideration are waived. The previous question shall
be considered as ordered on the joint resolution to
final passage without intervening motion except two
hours of debate, equally divided and controlled by the
sponsor of the joint resolution (or a designee) and an
opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
``(D) Amendments.--No amendments shall be in order
with respect to a joint resolution of approval.
``(4) Receipt of resolution from other house.--
``(A) In general.--If, before passing a joint
resolution of approval, one House receives a joint
resolution of approval from the other House, then--
``(i) the joint resolution of the other
House shall not be referred to a committee and
shall be deemed to have been discharged from
committee on the day it is received; and
``(ii) the procedures set forth in
paragraphs (2) and (3), as applicable, shall
apply in the receiving House to the joint
resolution received from the other House to the
same extent as such procedures apply to a joint
resolution of the receiving House.
``(B) Application to revenue measures.--The
provisions of this paragraph shall not apply in the
House of Representatives to a joint resolution of
approval that is a revenue measure.
``(c) Rule of Construction.--The enactment of a joint resolution of
approval under this section shall not be interpreted to serve as a
grant or modification by Congress of statutory authority for the
emergency powers of the President.
``(d) Rules of the House and Senate.--This section is enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
the House in the case of joint resolutions described in this
section, and supersedes other rules only to the extent that it
is inconsistent with such other rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``SEC. 204. APPLICABILITY.
``This title shall apply to a national emergency pursuant to which
the President proposes to exercise emergency powers or authorities made
available under any provision of law that is not a provision of law
described in section 604(a).''.
SEC. 312. REPORTING REQUIREMENTS.
Section 401 of the National Emergencies Act (50 U.S.C. 1641) is
amended--
(1) in subsection (c)--
(A) in the first sentence by inserting ``, and make
publicly available'' after ``transmit to Congress'';
and
(B) in the second sentence by inserting ``, and
make publicly available,'' before ``a final report'';
and
(2) by adding at the end the following:
``(d) Report on Emergencies.--The President shall transmit to the
entities described in subsection (g), with any proclamation declaring a
national emergency under section 201(a) or any Executive order
specifying emergency powers or authorities under section 201(b)(2) or
renewing a national emergency under section 202(b), a report, in
writing, that includes the following:
``(1) A description of the circumstances necessitating the
declaration of a national emergency, the renewal of such an
emergency, or the use of a new emergency authority specified in
the Executive order, as the case may be.
``(2) The estimated duration of the national emergency, or
a statement that the duration of the national emergency cannot
reasonably be estimated at the time of transmission of the
report.
``(3) A summary of the actions the President or other
officers intend to take, including any reprogramming or
transfer of funds, and the statutory authorities the President
and such officers expect to rely on in addressing the national
emergency.
``(4) The total expenditures estimated to be incurred by
the United States Government during such six-month period which
are directly attributable to the exercise of powers and
authorities conferred by such declaration.
``(5) In the case of a renewal of a national emergency, a
summary of the actions the President or other officers have
taken in the preceding one-year period, including any
reprogramming or transfer of funds, to address the emergency.
``(e) Provision of Information to Congress.--The President shall
provide to the entities described in subsection (g) such other
information as such entities may request in connection with any
national emergency in effect under title II.
``(f) Periodic Reports on Status of Emergencies.--If the President
declares a national emergency under section 201(a), the President
shall, not less frequently than every 6 months for the duration of the
emergency, report to the entities described in subsection (g) on the
status of the emergency, the total expenditures incurred by the United
States Government, and the actions the President or other officers have
taken and authorities the President and such officers have relied on in
addressing the emergency.
``(g) Entities Described.--The entities described in this
subsection are--
``(1) the Speaker of the House of Representatives;
``(2) minority leader of the House of Representatives;
``(3) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(4) the Committee on Homeland Security and Governmental
Affairs of the Senate.''.
SEC. 313. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING
INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
(a) In General.--The National Emergencies Act (50 U.S.C. 1601 et
seq.), as amended by this subtitle, is further amended by adding at the
end the following:
``TITLE VI--DECLARATIONS OF CERTAIN EMERGENCIES INVOKING INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT
``SEC. 604. APPLICABILITY.
``(a) In General.--This title shall apply to a national emergency
pursuant to which the President proposes to exercise emergency powers
or authorities made available under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.).
``(b) Effect of Additional Powers and Authorities.--This title
shall not apply to a national emergency or the exercise of emergency
powers and authorities pursuant to the national emergency if, in
addition to the exercise of emergency powers and authorities described
in subsection (a), the President proposes to exercise, pursuant to the
national emergency, any emergency powers and authorities under any
other provision of law.''.
(b) Transfer.--Sections 201, 202, and 301 of the National
Emergencies Act (50 U.S.C. 1601 et seq.), as such sections appeared on
the day before the date of the enactment of this Act, are--
(1) transferred to title VI of such Act (as added by
subsection (a));
(2) inserted before section 604 of such title (as added by
subsection (a)); and
(3) redesignated as sections 601, 602, and 603,
respectively.
(c) Conforming Amendment.--Title II of the National Emergencies Act
(50 U.S.C. 1601 et seq.), as such title appeared the day before the
date of the enactment of this Act, is amended by striking the heading
for such title.
SEC. 314. CONFORMING AMENDMENTS.
(a) National Emergencies Act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(b) International Emergency Economic Powers Act.--Section 207(b) of
the International Emergency Economic Powers Act (50 U.S.C. 1706) is
amended by striking ``concurrent resolution'' each place it appears and
inserting ``joint resolution''.
SEC. 315. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--This title and the amendments made by this title
shall--
(1) take effect on the date of the enactment of this Act;
and
(2) except as provided in subsection (b), apply with
respect to national emergencies declared under section 201 of
the National Emergencies Act on or after such date.
(b) Applicability to Renewals of Existing Emergencies.--With
respect to a national emergency declared under section 201 of the
National Emergencies Act before the date of the enactment of this Act
that would expire or be renewed under section 202(d) of that Act (as in
effect on the day before such date of enactment), that national
emergency shall be subject to the requirements for renewal under
section 202(b) of that Act, as amended by section 311.
(c) Supersession.--This title and the amendments made by this title
shall supersede title II of the National Emergencies Act (50 U.S.C.
1621 et seq.) as such title was in effect on the day before the date of
enactment of this Act.
Subtitle B--Limitations on Emergency Authorities
SEC. 321. PRESIDENTIAL WAR POWERS UNDER COMMUNICATIONS ACT OF 1934.
Section 706 of the Communications Act of 1934 (47 U.S.C. 606) is
amended--
(1) in subsection (c), by inserting ``and declares a
national emergency'' after ``in the interest of national
security or defense,''; and
(2) in subsection (d), by striking ``there exists'' and
inserting ``a national emergency exists by virtue of there
being''.
SEC. 322. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY ACTION
DOCUMENTS.
(a) In General.--Not later than 3 days after the conclusion of the
process for approval, adoption, or revision of any presidential
emergency action document, the President shall submit that document to
the appropriate congressional committees.
(b) Documents in Existence Before Date of Enactment.--Not later
than 15 days after the date of the enactment of this Act, the President
shall submit to the appropriate congressional committees all
presidential emergency action documents in existence before such date
of enactment.
(c) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall have--
(A) continuing legislative oversight jurisdiction
in the Senate with respect to the proposal, creation,
implementation, and execution of presidential emergency
action documents; and
(B) access to any and all presidential emergency
action documents.
(2) House of representatives.--The Committee on Oversight
and Accountability of the House of Representatives shall have--
(A) continuing legislative oversight jurisdiction
in the House of Representatives with respect to the
proposal, creation, implementation, and execution of
presidential emergency action documents; and
(B) access to any and all presidential emergency
action documents.
(3) Duty to cooperate.--All officers and employees of any
Federal agency shall have the duty to cooperate with the
exercise of oversight jurisdiction described in this
subsection.
(4) Security clearances.--The chairpersons and ranking
members of the appropriate congressional committees, and
designated staff of those committees, shall be granted all
security clearances required to access, and granted access to,
presidential emergency action documents, including under
relevant Presidential or agency special access and
compartmented access programs.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Accountability
of the House of Representatives.
(2) Federal agency.--The term ``Federal agency''--
(A) has the meaning given the term ``agency'' in
section 552(f) of title 5, United States Code; and
(B) includes the Executive Office of the President,
the Executive Office of the Vice President, the Office
of Management and Budget, and the National Security
Council.
(3) Presidential emergency action document.--The term
``presidential emergency action document'' refers to any
document created by any Federal agency before, on, or after the
date of the enactment of this Act, that is--
(A) designated as a presidential emergency action
document or presidential emergency action directive;
(B) designed to implement a presidential decision
or transmit a presidential request when an emergency
disrupts normal executive, legislative, judicial, or
other Federal Governmental processes;
(C) a Presidential Policy Directive, regardless of
whether the directive is available to the public, that
triggers any change in policies, procedures, or
operations of the Federal Government upon the
declaration by the President of an emergency; or
(D) any other document, briefing, or plan,
regardless of whether the document, briefing, or plan
exists in any tangible or written form, that triggers
any change in operations of the Federal Government upon
the declaration by the President of an emergency.
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