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
To strengthen and enhance the congressional power of the purse, and for other purposes.
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:
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:
1018. Prudent obligation of budget authority and specific requirements for expiring budget authority
(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With respect to budget authority proposed to be rescinded or that is set to be reserved or proposed to be deferred in a special message transmitted under section 1012 or 1013, such budget authority—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:
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:
1019. Reporting on apportionment of appropriations by departments and agencies
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:
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:
1016. Suits by Comptroller General
(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:
1020. Penalties for failure to comply
(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:
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:
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:
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:
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:
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:
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:
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:
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:
II Declarations of future national emergencies
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.
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.
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.
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:
VI Declarations of certain emergencies invoking International Emergency Economic Powers Act
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.