Congressional Power of the Purse Act
This bill modifies the budget and appropriations process to establish various requirements for federal agencies, add several new disclosure and reporting requirements, and expand congressional oversight authorities.
Among other changes, the bill requires
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6628 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6628
To amend the Congressional Budget and Impoundment Control Act of 1974
to strengthen congressional control and review, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2020
Mr. Yarmuth (for himself, Mrs. Lowey, and Mrs. Carolyn B. Maloney of
New York) introduced the following bill; which was referred to the
Committee on the Budget, and in addition to the Committees on Oversight
and Reform, Transportation and Infrastructure, Rules, Foreign Affairs,
Ways and Means, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Congressional Budget and Impoundment Control Act of 1974
to strengthen congressional control and review, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Congressional
Power of the Purse Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STRENGTHENING CONGRESSIONAL CONTROL AND REVIEW TO PREVENT
IMPOUNDMENT
Sec. 101. Strengthening congressional control.
Sec. 102. Strengthening congressional review.
Sec. 103. Updated authorities for and reporting by the Comptroller
General.
Sec. 104. Advance congressional notification and litigation.
Sec. 105. Penalties for failure to comply with the Impoundment Control
Act of 1974.
TITLE II--STRENGTHENING TRANSPARENCY AND REPORTING
Subtitle A--Funds Management and Reporting to the Congress
Sec. 201. Expired balance reporting in the President's budget.
Sec. 202. Cancelled balance reporting in the President's budget.
Sec. 203. Lapse in appropriations reporting in the President's budget.
Sec. 204. Transfer and other repurposing authority reporting in the
President's budget.
Sec. 205. Authorizing cancellations in indefinite accounts by
appropriation.
Subtitle B--Empowering Congressional Review Through Nonpartisan
Congressional Agencies and Transparency Initiatives
Sec. 211. Requirement to respond to requests for information from the
Government Accountability Office for budget
and appropriations law decisions.
Sec. 212. Reporting requirements for Antideficiency Act violations.
Sec. 213. Department of Justice reporting to Congress for
Antideficiency Act violations.
Sec. 214. Publication of budget or appropriations law opinions of the
Department of Justice Office of Legal
Counsel.
TITLE III--STRENGTHENING CONGRESSIONAL ROLE IN AND OVERSIGHT OF
EMERGENCY DECLARATIONS AND DESIGNATIONS
Sec. 301. Improving checks and balances on the use of the National
Emergencies Act.
Sec. 302. National Emergencies Act declaration spending reporting in
the President's budget.
Sec. 303. Emergency and overseas contingency operations designations by
Congress in statute.
TITLE I--STRENGTHENING CONGRESSIONAL CONTROL AND REVIEW TO PREVENT
IMPOUNDMENT
SEC. 101. STRENGTHENING CONGRESSIONAL CONTROL.
(a) In General.--The Impoundment Control Act of 1974 (2 U.S.C. 681
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 or limitation (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 adding after the item relating to section 1017
the following:
``1018. Prudent obligation of budget authority and specific
requirements for expiring budget
authority.''.
SEC. 102. STRENGTHENING CONGRESSIONAL REVIEW.
(a) In General.--The Impoundment Control Act of 1974 (2 U.S.C. 681
et seq.), as amended by section 101(a), is further amended by adding at
the end the following:
``reporting
``Sec. 1019. (a) Apportionment of Appropriations.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Office of Management and Budget
shall complete implementation of an automated system to post
each document apportioning an appropriation, pursuant to
section 1513(b) of title 31, United States Code, including any
associated footnotes, in a format that qualifies each such
document as an Open Government Data Asset (as defined in
section 3502 of title 44, United States Code), not later than 2
business days after the date of approval of such apportionment,
and shall place on such website each document apportioning an
appropriation, pursuant to such section 1513(b), including any
associated footnotes, already approved for the fiscal year, and
shall report the date of completion of such requirements to the
Committees on the Budget and Appropriations of the House of
Representatives and Senate.
``(2) Explanatory statement.--Each document apportioning an
appropriation posted on a publicly accessible website under
paragraph (1) shall also include a written explanation by the
official approving each such apportionment (pursuant to section
1513(b) of title 31, United States Code) of the rationale for
the apportionment schedule and for any footnotes.
``(3) Special process for transmitting classified
documentation to the congress.--The Office of Management and
Budget or the applicable department or agency shall make
available classified documentation relating to apportionment to
appropriate congressional committees on a schedule to be
determined by each such committee.
``(4) Department and agency report.--Each department or
agency shall notify the Committees on the Budget and
Appropriations of the House of Representatives and 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 such notification shall contain information identifying the
bureau, account name, appropriation name, and Treasury
Appropriation Fund Symbol or fund account.
``(b) Approving Officials.--
``(1) Delegation of authority.--Not later than 15 days
after the date of enactment of this section, any delegation of
apportionment authority pursuant to section 1513(b) of title
31, United States Code that is in effect as of such date shall
be submitted for publication in the Federal Register. Any
delegation of such apportionment authority after the date of
enactment of this section shall, on the date of such
delegation, be submitted for publication in the Federal
Register. The Office of Management and Budget shall publish
such delegations in a format that qualifies such publications
as an Open Government Data Asset (as defined in section 3502 of
title 44, United States Code) on a public internet website,
which shall be continuously updated with the position of each
Federal officer or employee to whom apportionment authority has
been delegated.
``(2) Report to congress.--Not later than 5 days after any
change in the position of the approving official with respect
to such delegated apportionment authority for any account is
made, the Office shall submit a report to the Congress
explaining why such change was made.''.
(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 101(b), is further amended by adding
after the item relating to section 1018 the following:
``1019. Reporting.''.
SEC. 103. UPDATED AUTHORITIES FOR AND REPORTING BY THE COMPTROLLER
GENERAL.
(a) Section 1015 of the Impoundment Control Act of 1974 (2 U.S.C.
686) is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking the last sentence; and
(2) by adding at the end the following:
``(c) Review.--
``(1) In general.--The Comptroller General shall review
compliance with this part and shall submit to the Committees on
the Budget, Appropriations, and Oversight and Reform of the
House of Representatives, the Committees on the Budget,
Appropriations, and Homeland Security and Governmental Affairs
of the Senate, and any other appropriate congressional
committee of the House of Representatives and Senate 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 also 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) Section 1001 of the Impoundment Control Act of 1974 (2 U.S.C.
681) is amended--
(1) in paragraph (3), by striking the ``or'' at the end of
the paragraph;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; 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. 104. 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. If, under this chapter, 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 of their own selection, 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, and
such court is 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 make such budget authority available for obligation or
compel production of such information, documentation, views, or access.
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 the delay would be contrary to the public
interest.''.
SEC. 105. PENALTIES FOR FAILURE TO COMPLY WITH THE IMPOUNDMENT CONTROL
ACT OF 1974.
(a) In General.--The Impoundment Control Act of 1974 (2 U.S.C. 681
et seq.), as amended by section 102(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 Executive Branch of the United States Government
violating this part shall be subject to appropriate administrative
discipline including, when circumstances warrant, suspension from duty
without pay or removal from office.
``(b) 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
Government Accountability Office 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, and a statement
of any additional action taken to prevent recurrence of the
same type of violation. In the case that the Government
Accountability Office 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 its position.
``(3) Opportunity to respond.--If the 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.''.
(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 adding
after the item relating to section 1019 the following:
``1020. Penalties for failure to comply.''.
TITLE II--STRENGTHENING TRANSPARENCY AND REPORTING
Subtitle A--Funds Management and Reporting to the Congress
SEC. 201. 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 budgets for each of fiscal years 2022
through 2026, a report on--
``(A) 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) an explanation of 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. 202. CANCELLED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 201, is further amended by adding at the end the following:
``(41) for the budgets for each of fiscal years 2022
through 2026, a report on--
``(A) cancelled balances (pursuant to section
1552(a)) for the preceding 3 fiscal years by agency and
Treasury Appropriation Fund Symbol or fund account;
``(B) an 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) 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. 203. LAPSE IN APPROPRIATIONS REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 202, is further amended by adding at the end the following:
``(42) a report on--
``(A) 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; and
``(B)(i) with respect to any such obligation or
expenditure, the amount so obligated or expended, the
account affected, and an explanation of which
Antideficiency Act exceptions permitted the department
or agency, as the case may be, to incur such obligation
or expenditure; and
``(ii) an explanation of any changes in the
application of any Antideficiency Act exception for a
program, project, or activity from any explanations
previously reported on pursuant to this paragraph.''.
SEC. 204. TRANSFER AND OTHER REPURPOSING AUTHORITY REPORTING IN THE
PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 203, is further amended by adding at the end the following:
``(43) for the budget for fiscal year 2022, a report on--
``(A) 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, 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. 205. 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.''.
Subtitle B--Empowering Congressional Review Through Nonpartisan
Congressional Agencies and Transparency Initiatives
SEC. 211. REQUIREMENT TO RESPOND TO REQUESTS FOR INFORMATION FROM THE
GOVERNMENT ACCOUNTABILITY OFFICE 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
GOVERNMENT ACCOUNTABILITY OFFICE FOR BUDGET AND
APPROPRIATIONS LAW DECISIONS.
``(a) If an executive agency or the District of Columbia government
receives a written request for information, documentation, or views
from the Government Accountability Office relating to a decision or
opinion on budget or appropriations law, the executive agency or the
District of Columbia government 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 executive agency or the District of Columbia government
fails to respond to the request for information, documentation, or
views within the time required by this section--
``(1) the Comptroller General shall notify, in writing, the
Committee on Oversight and Reform of the House of
Representatives, Committee on Homeland Security and
Governmental Affairs of the Senate, and any other appropriate
congressional committee of the House of Representatives and the
Senate of such failure; and
``(2) the Comptroller General is hereby expressly
empowered, through attorneys of their own selection, 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 such court is
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 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
Government Accountability Office for budget
and appropriations law decisions.''.
SEC. 212. 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 the
Government Accountability Office, an executive agency, or the
District of Columbia government determines that''; and
(2) by adding at the end the following:
``(b) 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 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 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 Government Accountability Office
issues a legal decision concluding that section 1341(a) or 1342 was
violated and the executive agency or District of Columbia government,
as applicable, does not agree that a violation has occurred, the report
provided to the President, the Congress, and the Comptroller General
will explain its position.''.
(b) Violations of Section 1517.--Section 1517 of title 31, United
States Code, is amended--
(1) in subsection (b), by striking ``If'' and inserting
``If the Government Accountability Office, an executive agency,
or the District of Columbia government determines that''; and
(2) by adding at the end the following:
``(c) 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 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 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 Government Accountability Office
issues a legal decision concluding that subsection (a) was violated and
the executive agency or District of Columbia government, as applicable,
does not agree that a violation has occurred, the report provided to
the President, the Congress, and the Comptroller General will explain
its position.''.
SEC. 213. 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 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 of the United States Government or of the District of
Columbia government, 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 of the United States Government or of the District of
Columbia government, an explanation of any update to the status
of any review or investigation previously reported pursuant to
this subsection.''.
(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 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 of the United States Government or of the District of
Columbia government, 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 of the United States Government or of the District of
Columbia government, an explanation of any update to the status
of any review or investigation previously reported pursuant to
this subsection.''.
SEC. 214. 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
opinion issued by the Office of Legal Counsel of the Department of
Justice relating to section 1301(a), 1341, 1342, 1501, 1502, 1512,
1513, 1515, 1517, or 3302(b) of title 31, United States Code, any
provision of the Balanced Budget and Emergency Deficit Control Act of
1985, the Federal Credit Reform Act of 1990, the Impoundment Control
Act of 1974, an appropriation Act, continuing resolution, or another
provision of law providing or governing appropriations or budget
authority 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 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 Act
shall not preclude any action or relief conferred by statutory
or regulatory regime that empowers any person to request or
demand the release of information.
(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 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. Where the communication of the legal
interpretation takes place verbally, a memorialization of that
communication qualifies as an ``OLC opinion''.
(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 General for the Office of Legal Counsel, has
determined is final;
(B) government officials or government contractors
are relying on or have relied on;
(C) is or has been relied upon to formulate legal
guidance; or
(D) is cited in another Office of Legal Counsel
opinion.
TITLE III--STRENGTHENING CONGRESSIONAL ROLE IN AND OVERSIGHT OF
EMERGENCY DECLARATIONS AND DESIGNATIONS
SEC. 301. IMPROVING CHECKS AND BALANCES ON THE USE OF THE NATIONAL
EMERGENCIES ACT.
(a) Requirements Relating to Declaration and Renewal of National
Emergencies.--Title II of the National Emergencies Act (50 U.S.C. 1621
et seq.) is amended by striking sections 201 and 202 and inserting the
following:
``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 and
Reporting.--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 30 calendar 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 the Congressional Power of the Purse 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.--Unless previously terminated pursuant to
Presidential order or Act of Congress, a declaration of a
national emergency shall remain in effect for 30 calendar days
(excluding Saturday, Sunday, and legal holidays) from the
issuance of the proclamation under section 201(a) (not counting
the day on which the proclamation was issued) and shall
terminate when that 30-day 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.--Unless the
declaration of national emergency has been terminated pursuant
to Presidential order or Act of Congress, 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 30 calendar days
(excluding Saturday, Sunday, and legal holidays) 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
that 30-day 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, 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 Congress approved a previous renewal pursuant to this
subsection, 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,
repurposed, 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 under
any provision of law relating to 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 does
not have a preamble and that contains only the following provisions
after its resolving clause:
``(1) A provision approving one or more--
``(A) proclamations of national emergency made
under section 201(a);
``(B) Executive orders issued under section
201(b)(2); or
``(C) Executive orders issued under section 202(b).
``(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 proclamations or Executive orders that are 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 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) Requests to convene congress during recesses.--If,
when the President transmits to Congress a proclamation
declaring a national emergency under section 201(a), or an
Executive order specifying emergency powers or authorities
under section 201(b)(2) or renewing a national emergency under
section 202(b), Congress has adjourned sine die or has
adjourned for any period in excess of 3 calendar days, the
Speaker or their designee, after consultation with the minority
leader of the House, shall notify the Members of the House to
reassemble at such place and time as they may designate if, in
their opinion, the public interest shall warrant it, and the
majority leader of the Senate or their designee, after
concurrence with the minority leader of the Senate, shall
notify the Members of the Senate to reassemble at such place
and time as they may designate if, in their opinion, the public
interest shall warrant it.
``(3) Committee referral in the senate.--In the Senate, a
joint resolution of approval shall be referred to the
appropriate committee.
``(4) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Reporting and discharge.--If the 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
discharged from further consideration of the resolution
and it shall be placed on the Calendar of Business.
``(B) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, when the
committee to which a joint resolution of approval is
referred has reported the resolution, or when that
committee is discharged under subparagraph (A) from
further consideration of the resolution, it is at any
time thereafter in order to move to proceed to the
consideration of the joint resolution, and all points
of order against the joint resolution (and against the
motion to proceed to the consideration of the joint
resolution) are waived. The motion to proceed shall be
debatable for 4 hours evenly divided between a
proponent and an opponent of 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. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of a joint resolution of approval is
agreed to, the joint resolution shall remain the
unfinished business of the Senate until disposed of.
``(C) Floor consideration.--There shall be 10 hours
of consideration on a joint resolution of approval, to
be divided evenly between the proponents and opponents
of the joint resolution. There shall be a total of 2
hours of debate on any debatable motions in connection
with the joint resolution, to be divided evenly between
the proponents and opponents of the joint resolution.
``(D) Amendments.--No amendments shall be in order
with respect to a joint resolution of approval in the
Senate.
``(E) Motion to reconsider vote on passage.--A
motion to reconsider a vote on passage of a joint
resolution of approval shall not be in order.
``(F) Appeals.--Points of order and appeals from
the decision of the Presiding Officer, shall be decided
without debate.
``(5) Consideration in house of representatives.--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If any committee to
which a joint resolution of approval has been referred
has not reported it to the House at the end of 10
calendar days after its introduction, such committee
shall be discharged from further consideration of the
joint resolution.
``(B) Proceeding to consideration.--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 thereof, it shall
be in order to move to proceed to consider the joint
resolution of approval in the House. All points of
order against the motion are waived. Such a motion
shall not be in order after the House has disposed of a
motion to proceed on the joint resolution of approval.
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.
``(C) Consideration.--The joint resolution of
approval shall be considered as read. All points of
order against the resolution and against its
consideration are waived. The previous question shall
be considered as ordered on the resolution to final
passage without intervening motion except two hours of
debate evenly divided and controlled by the sponsor of
the resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the
qualifying legislation shall not be in order.
``(D) Amendments.--No amendments shall be in order
with respect to a joint resolution of approval in the
House.
``(6) Coordination with action by other house.--
``(A) In general.--If, before the passage by one
House of a joint resolution of approval of that House,
that House receives from the other House a joint
resolution of approval with regard to the same
proclamation described in section 201(a), then the
following procedures shall apply:
``(i) The joint resolution of the other
House shall not be referred to a committee.
``(ii) The procedure in the receiving House
shall be the same as if no joint resolution had
been received from the other House until the
vote on passage, when:
``(I) If the text of the joint
resolution of approval is identical to
the text of the joint resolution of
approval received from the other House,
then the joint resolution of approval
received from the other House shall
supplant the joint resolution of
approval of the receiving House on the
final passage vote.
``(II) If the text of the joint
resolution is not identical to the text
of the joint resolution received from
the other House, then that chamber
shall vote on passage of its own
resolution and it shall be in order
immediately thereafter to make a
privileged motion to proceed to the
consideration of the measure from the
other house, strike all after the
enacting clause, and insert in lieu
thereof the text of any joint
resolution of approval passed by that
chamber; that the joint resolution as
amended be read a third time and
engrossed, that the chamber pass the
joint resolution as amended, and that
the motion to reconsider be considered
made and laid upon the table. Such a
motion shall be disposed of without
intervening action or debate.
``(B) Treatment of legislation of other house.--If
one House fails to introduce, consider, or enact a
joint resolution of approval under this section, the
joint resolution of approval of the other House shall
be entitled to expedited floor procedures under this
section.
``(C) Special rule for revenue measures.--In the
case of a joint resolution of approval which is a
revenue measure:
``(i) The provisions of subparagraphs (A)
and (B) shall not apply in the House of
Representatives.
``(ii) The provisions of subparagraph (A)
shall apply in the Senate to such joint
resolution of approval which is a revenue
measure even if the Senate has previously
passed a joint resolution of approval with
regard to the same proclamation described in
section 201(a).
``(7) Resolution of differences between the houses.--In the
case of a difference between the two Houses of Congress with
respect to the text of a joint resolution of approval passed by
both Houses:
``(A) House.--Debate in the House of Representative
on amendments between the Houses (or a conference
report) on such resolution of approval, including a
motion to concur with an amendment, shall be limited to
not more than 1 hour, which shall be divided evenly
between a proponent and an opponent. A motion to
further limit debate is not debatable. It is not in
order to move to reconsider the vote by which the
message or conference report is agreed to or disagreed
to.
``(B) Senate.--During the consideration in the
Senate of a message between the Houses (or a conference
report) on such resolution of approval and all
amendments thereto, and debatable motions in connection
therewith, consideration shall be limited to 10 hours,
to be evenly divided between, and controlled by, the
majority leader and minority leader or their designees.
Consideration of any debatable motion related to the
message between Houses (or conference report),
including a motion to concur with an amendment, shall
be limited to 1 hour, to be evenly divided between, and
controlled by, the mover and the manager of a message
between Houses (or conference report). Points of order
and appeals shall be decided without debate.
``(C) Limitation on amendments between the
houses.--
``(i) Prohibition on amendments.--No
amendments shall be in order.
``(ii) Amendments to strike or add
specified provisions of law.--Clause (i) shall
not apply with respect to any amendment--
``(I) to add or remove one or more
proclamations of national emergency
made under section 201(a), Executive
orders issued under section 201(b)(2),
or Executive orders issued under
section 202(b); or
``(II) to strike a provision or
provisions of law from the list
required by subsection (a)(2); or
``(III) to add to that list a
provision or provisions of law
specified by the President under
section 201(b) in the proclamations or
Executive orders that are the subject
of the joint resolution of approval.
``(8) Treatment of veto message.--Debate on a veto message
in the Senate under this section shall be 1 hour evenly divided
between the majority and minority leaders or their designees.
``(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. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING
INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
``(a) In General.--In the case of a national emergency described in
subsection (b), the provisions of the National Emergencies Act, as in
effect on the day before the date of the enactment of the Congressional
Power of the Purse Act, shall continue to apply on and after such date
of enactment.
``(b) National Emergency Described.--
``(1) In general.--A national emergency described in this
subsection is 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.), supplemented as necessary
by a provision of law specified in paragraph (2).
``(2) Provisions of law specified.--The provisions of law
specified in this paragraph are--
``(A) the United Nations Participation Act of 1945
(22 U.S.C. 287 et seq.);
``(B) section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)); or
``(C) any provision of law that authorizes the
implementation, imposition, or enforcement of economic
sanctions with respect to a foreign country.
``(c) Effect of Additional Powers and Authorities.--Subsection (a)
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 (b), the President proposes to exercise, pursuant to the
national emergency, any emergency powers and authorities under any
other provision of law.''.
(b) Reporting Requirements.--Section 401 of the National
Emergencies Act (50 U.S.C. 1641) is amended by adding at the end the
following:
``(d) Report on Emergencies.--The President shall transmit to
Congress, 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 any contracts anticipated to be entered
into, and the statutory authorities the President and such
officers expect to rely on in addressing the national
emergency.
``(4) 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 Congress such other information as Congress 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 3 months for the duration of the
emergency, report to Congress on the status of the emergency and the
actions the President or other officers have taken and authorities the
President and such officers have relied on in addressing the
emergency.''.
(c) Exclusion of Imposition of Duties and Import Quotas From
Presidential Authorities Under International Emergency Economic Powers
Act.--Section 203 of the International Emergency Economic Powers Act
(50 U.S.C. 1702) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c)(1) The authority granted to the President by this section
does not include the authority to impose duties or tariff-rate quotas
or (subject to paragraph (2)) other quotas on articles entering the
United States.
``(2) The limitation under paragraph (1) does not prohibit the
President from excluding all articles imported from a country from
entering the United States.''.
(d) Conforming Amendments.--
(1) National emergencies act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(2) International emergency economic powers act.--Section
207 of the International Emergency Economic Powers Act (50
U.S.C. 1706) is amended--
(A) in subsection (b), by striking ``concurrent
resolution'' and inserting ``joint resolution'' each
place it appears; and
(B) by adding at the end the following:
``(e) In this section, the term `National Emergencies Act' means
the National Emergencies Act, as in effect on the day before the date
of the enactment of the `Congressional Power of the Purse Act'.''.
(e) Effective Date; Applicability.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect upon enactment and apply with respect to national
emergencies declared under section 201 of the National
Emergencies Act on or after that date.
(2) Applicability to renewals of existing emergencies.--
When a national emergency declared under section 201 of the
National Emergencies Act before the date of the enactment of
the Congressional Power of the Purse Act 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 subsection (a).
SEC. 302. NATIONAL EMERGENCIES ACT DECLARATION SPENDING REPORTING IN
THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 204, 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.''.
SEC. 303. EMERGENCY AND OVERSEAS CONTINGENCY OPERATIONS DESIGNATIONS BY
CONGRESS IN STATUTE.
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''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Reform, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, and the Judiciary, 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.
Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Reform, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, and the Judiciary, 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.
Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Reform, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, and the Judiciary, 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.
Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Reform, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, and the Judiciary, 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.
Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Reform, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, and the Judiciary, 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.
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Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Reform, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, and the Judiciary, 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.
Referred to the Committee on the Budget, and in addition to the Committees on Oversight and Reform, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, and the Judiciary, 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.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.