119-hr5220

[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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