H.R. 5220

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5220 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 5220

To strengthen and enhance the congressional power of the purse, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 9, 2025

Mr. Boyle of Pennsylvania (for himself, Mr. Doggett, Mr. Scott of 
Virginia, Mr. Peters, Mr. Panetta, Mrs. Watson Coleman, Ms. Plaskett, 
Ms. Escobar, Ms. Omar, Ms. Balint, Ms. Kaptur, Ms. Jayapal, Mr. Tonko, 
Ms. Chu, Mr. McGarvey, and Mr. Amo) introduced the following bill; 
which was referred to the Committee on the Budget, and in addition to 
the Committees on Oversight and Government Reform, Transportation and 
Infrastructure, Rules, Foreign Affairs, the Judiciary, and Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To strengthen and enhance the congressional power of the purse, and for 
other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Congressional Power of the Purse 
Act''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--STRENGTHENING CONGRESSIONAL CONTROL AND REVIEW TO PREVENT 
IMPOUNDMENT

Sec. 101. Prohibition on fast-track procedures under the Impoundment 
Control Act of 1974.
Sec. 102. Strengthening congressional control.
Sec. 103. Strengthening congressional review.
Sec. 104. Updated authorities for and reporting by the Comptroller 
General.
Sec. 105. Advance congressional notification and litigation.
Sec. 106. Penalties for failure to comply with the Impoundment Control 
Act of 1974.
Sec. 107. Clarification of treatment of GAO report as special message.
Sec. 108. Congressional designations.
TITLE II--STRENGTHENING TRANSPARENCY AND REPORTING

Subtitle A--Funds Management and Reporting to the Congress

Sec. 211. Expired balance reporting in the President's budget.
Sec. 212. Cancelled balance reporting in the President's budget.
Sec. 213. Lapse in appropriations--reporting in the President's budget.
Sec. 214. Transfer and other repurposing authority reporting in the 
President's budget.
Sec. 215. Authorizing cancellations in indefinite accounts by 
appropriation.
Sec. 216. National Emergencies Act declaration spending reporting in 
the President's budget.
Subtitle B--Empowering Congressional Review Through Nonpartisan 
Congressional Agencies and Transparency Initiatives

Sec. 221. Requirement to respond to requests for information from the 
Comptroller General for budget and 
appropriations law decisions.
Sec. 222. Reporting requirements for Antideficiency Act violations.
Sec. 223. Department of Justice reporting to Congress for 
Antideficiency Act violations.
Sec. 224. Treatment of requests for information from Members of 
Congress.
Sec. 225. Suits by Comptroller General for Antideficiency Act 
violations.
Sec. 226. Inspector General for the Office of Management and Budget.
Sec. 227. Publication of budget or appropriations law opinions of the 
Department of Justice Office of Legal 
Counsel.
TITLE III--REPUBLIC ACT

Sec. 301. Short title.
Subtitle A--Congressional Review of National Emergencies

Sec. 311. Congressional review of national emergencies.
Sec. 312. Reporting requirements.
Sec. 313. Exclusion of certain national emergencies invoking 
International Emergency Economic Powers 
Act.
Sec. 314. Conforming amendments.
Sec. 315. Effective date; applicability.
Subtitle B--Limitations on Emergency Authorities

Sec. 321. Presidential war powers under Communications Act of 1934.
Sec. 322. Disclosure to Congress of presidential emergency action 
documents.

TITLE I--STRENGTHENING CONGRESSIONAL CONTROL AND REVIEW TO PREVENT 
IMPOUNDMENT

SEC. 101. PROHIBITION ON FAST-TRACK PROCEDURES UNDER THE IMPOUNDMENT 
CONTROL ACT OF 1974.

Notwithstanding any other provision of law, during the period 
beginning on the date of the enactment of this Act and ending on 
January 20, 2029, the procedures under section 1017 of the Impoundment 
Control Act of 1974 (2 U.S.C. 688) shall have no force or effect.

SEC. 102. STRENGTHENING CONGRESSIONAL CONTROL.

(a) In General.--Part B of the Impoundment Control Act of 1974 (2 
U.S.C. 682 et seq.) is amended by adding at the end the following:

``prudent obligation of budget authority and specific requirements for 
expiring budget authority

``Sec. 1018. (a) Special Message Requirement.--With respect to 
budget authority proposed to be rescinded or that is set to be reserved 
or proposed to be deferred in a special message transmitted under 
section 1012 or 1013, such budget authority--
``(1) shall be made available for obligation in sufficient 
time to be prudently obligated as required under section 
1012(b) or 1013; and
``(2) may not be deferred or otherwise withheld from 
obligation during the 90-day period before the expiration of 
the period of availability of such budget authority, including, 
if applicable, the 90-day period before the expiration of an 
initial period of availability for which such budget authority 
was provided.
``(b) Administrative Requirement.--With respect to an apportionment 
of an appropriation (as that term is defined in section 1511 of title 
31, United States Code) made pursuant to section 1512 of such title, an 
appropriation shall be apportioned--
``(1) to make available all amounts for obligation in 
sufficient time to be prudently obligated; and
``(2) to make available all amounts for obligation, without 
precondition (including footnotes) that shall be met prior to 
obligation, not later than 90 days before the expiration of the 
period of availability of such appropriation, including, if 
applicable, 90 days before the expiration of an initial period 
of availability for which such appropriation was provided.''.
(b) Clerical Amendment.--The table of contents of the Congressional 
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of 
such Act is amended by inserting after the item relating to section 
1017 the following:

``1018. Prudent obligation of budget authority and specific 
requirements for expiring budget 
authority.''.

SEC. 103. STRENGTHENING CONGRESSIONAL REVIEW.

(a) In General.--Part B of the Impoundment Control Act of 1974 (2 
U.S.C. 682 et seq.), as amended by section 102(a), is further amended 
by adding at the end the following:

``reporting on apportionment of appropriations by departments and 
agencies

``Sec. 1019. Each department or agency shall--
``(1) notify the Committee on the Budget and the Committee 
on Appropriations of the House of Representatives, the 
Committee on the Budget and the Committee on Appropriations of 
the Senate, and any other appropriate congressional committees 
if--
``(A) an apportionment is not made in the required 
time period provided in section 1513(b) of title 31, 
United States Code;
``(B) an approved apportionment received by the 
department or agency conditions the availability of an 
appropriation on further action; or
``(C) an approved apportionment received by the 
department or agency may hinder the prudent obligation 
of such appropriation or the execution of a program, 
project, or activity by such department or agency; and
``(2) include in each notification under paragraph (1) 
information identifying the bureau, account name, appropriation 
name, and Treasury Appropriation Fund Symbol or fund 
account.''.
(b) Clerical Amendment.--The table of contents of the Congressional 
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of 
such Act, as amended by section 102(b), is further amended by inserting 
after the item relating to section 1018 the following:

``1019. Reporting on apportionment of appropriations by departments and 
agencies.''.

SEC. 104. UPDATED AUTHORITIES FOR AND REPORTING BY THE COMPTROLLER 
GENERAL.

(a) In General.--Section 1015 of the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 686) is amended by adding at 
the end the following:
``(c) Review.--
``(1) In general.--The Comptroller General shall--
``(A) review compliance with this part; and
``(B) submit to the Committee on the Budget, the 
Committee on Appropriations, and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate, the Committee on the Budget, the Committee on 
Appropriations, and the Committee on Oversight and 
Reform of the House of Representatives, and any other 
appropriate congressional committee of the Senate or 
the House of Representatives a report, and any relevant 
information related to the report, on any noncompliance 
with this part.
``(2) Information, documentation, and views.--The President 
or the head of the relevant department or agency of the United 
States shall provide information, documentation, and views to 
the Comptroller General, as is determined by the Comptroller 
General to be necessary to determine such compliance, not later 
than 20 days after the date on which the request from the 
Comptroller General is received, or if the Comptroller General 
determines that a shorter or longer period is appropriate based 
on the specific circumstances, within such shorter or longer 
period.
``(3) Access.--To carry out the responsibilities of this 
part, the Comptroller General shall have access to interview 
the officers, employees, contractors, and other agents and 
representatives of a department, agency, or office of the 
United States at any reasonable time as the Comptroller General 
may request.''.
(b) Rule of Construction.--Section 1001 of the Congressional Budget 
and Impoundment Control Act of 1974 (2 U.S.C. 681) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and 
inserting ``; or''; and
(3) by adding at the end the following:
``(5) affecting or limiting in any way the authorities 
provided to the Comptroller General under chapter 7 of title 
31, United States Code.''.

SEC. 105. ADVANCE CONGRESSIONAL NOTIFICATION AND LITIGATION.

Section 1016 of the Impoundment Control Act of 1974 (2 U.S.C. 687) 
is amended to read as follows:

``suits by comptroller general

``Sec. 1016. (a) In General.--If, under this title, budget 
authority is required to be made available for obligation and such 
budget authority is not made available for obligation or information, 
documentation, views, or access are required to be produced and such 
information, documentation, views, or access are not produced, the 
Comptroller General is expressly empowered, through attorneys selected 
by the Comptroller General, to bring a civil action in the United 
States District Court for the District of Columbia to require such 
budget authority to be made available for obligation or such 
information, documentation, views, or access to be produced.
``(b) Court Authority.--In a civil action under subsection (a), the 
court is expressly empowered to enter, against any department, agency, 
officer, or employee of the United States, any decree, judgment, or 
order which may be necessary or appropriate to make such budget 
authority available for obligation or compel production of such 
information, documentation, views, or access.
``(c) Notice.--No civil action shall be brought by the Comptroller 
General to require budget authority be made available under this 
section until the expiration of 15 calendar days following the date on 
which an explanatory statement by the Comptroller General of the 
circumstances giving rise to the action contemplated is filed with the 
Speaker of the House of Representatives and the President of the 
Senate, except that expiration of such period shall not be required if 
the Comptroller General finds (and incorporates the finding in the 
explanatory statement filed) that such delay would be contrary to the 
public interest.''.

SEC. 106. PENALTIES FOR FAILURE TO COMPLY WITH THE IMPOUNDMENT CONTROL 
ACT OF 1974.

(a) In General.--Part B of the Impoundment Control Act of 1974 (2 
U.S.C. 682 et seq.), as amended by section 103(a), is further amended 
by adding at the end the following:

``penalties for failure to comply

``Sec. 1020. (a) Administrative Discipline.--An officer or 
employee of the United States Government who withholds or causes to be 
withheld the obligation of budget authority that is required to be made 
available for obligation under this part shall be subject to 
appropriate administrative discipline, including, when circumstances 
warrant, suspension from duty without pay or removal from office.
``(b) Criminal Penalty.--An officer or employee of the United 
States Government who knowingly and willfully withholds or causes to be 
withheld the obligation of budget authority that is required to be made 
available for obligation under this part shall be fined not more than 
$5,000, imprisoned for not more than 2 years, or both.
``(c) Reporting Violations.--
``(1) In general.--In the event of a violation of section 
1001, 1012, 1013, or 1018 of this part, or in the case that the 
Comptroller General issues a legal decision concluding that a 
department, agency, or office of the United States violated 
this part, the President or the head of the relevant department 
or agency as the case may be, shall report immediately to 
Congress all relevant facts and a statement of actions taken. A 
copy of each report shall also be transmitted to the 
Comptroller General and the relevant inspector general on the 
same date the report is transmitted to the Congress.
``(2) Contents.--Any such report shall include a summary of 
the facts pertaining to the violation, the title and Treasury 
Appropriation Fund Symbol of the appropriation or fund account, 
the amount involved for each violation, the date on which the 
violation occurred, the position of any individuals responsible 
for the violation, a statement of the administrative discipline 
imposed and any further action taken with respect to any 
officer or employee involved in the violation, a statement of 
any additional action taken to prevent recurrence of the same 
type of violation, and any written response by any officer or 
employee identified by position as involved in the violation. 
In the case that the Comptroller General issues a legal 
decision concluding that a department, agency, or office of the 
United States violated this part and the relevant department, 
agency, or office does not agree that a violation has occurred, 
the report provided to Congress, the Comptroller General, and 
relevant inspector general will explain the position of the 
department, agency, or office.
``(3) Opportunity to respond.--If any such report 
identifies the position of any officer or employee as involved 
in the violation, such officer or employee shall be provided a 
reasonable opportunity to respond in writing, and any such 
response shall be appended to the report.
``(d) Attorney General Review of Reports.--In the case that a 
report is transmitted under subsection (c), the Attorney General shall 
promptly review such report and investigate to the extent necessary to 
determine whether there are reasonable grounds to believe that the 
responsible officer or employee knowingly and willfully violated 
section 1001, 1012, 1013, or 1018 of this part, as applicable. If the 
Attorney General determines that there are such reasonable grounds, the 
Attorney General diligently shall investigate a criminal violation 
under this section.''.
(b) Clerical Amendment.--The table of contents of the Congressional 
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of 
such Act, as amended by section 103(b), is further amended by inserting 
after the item relating to section 1019 the following:

``1020. Penalties for failure to comply.''.

SEC. 107. CLARIFICATION OF TREATMENT OF GAO REPORT AS SPECIAL MESSAGE.

Section 1015(a) of the Congressional Budget and Impoundment Control 
Act of 1974 (2 U.S.C. 686(a)) is amended by striking the last sentence 
and inserting ``Any funds with respect to which such reserve or 
deferral apply may not be proposed for reservation or deferral pursuant 
to a special message under section 1012 or 1013 on or after the date 
that the Comptroller General submits such report.''.

SEC. 108. CONGRESSIONAL DESIGNATIONS.

Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) is amended--
(1) in clause (i), by striking ``and the President 
subsequently so designates''; and
(2) in clause (ii), by striking ``and the President 
subsequently so designates''.

TITLE II--STRENGTHENING TRANSPARENCY AND REPORTING

Subtitle A--Funds Management and Reporting to the Congress

SEC. 211. EXPIRED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.

Section 1105(a) of title 31, United States Code, is amended by 
adding at the end the following:
``(40) for the budget for each of fiscal years 2027 through 
2031, a report--
``(A) identifying unobligated expired balances as 
of the beginning of the current fiscal year and the 
beginning of each of the preceding 2 fiscal years by 
agency and the applicable Treasury Appropriation Fund 
Symbol or fund account; and
``(B) providing explanation of unobligated expired 
balances in any Treasury Appropriation Fund Symbol or 
fund account that exceed the lesser of 5 percent of 
total appropriations made available for that account or 
$100,000,000.''.

SEC. 212. CANCELLED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.

Section 1105(a) of title 31, United States Code, as amended by 
section 211, is further amended by adding at the end the following:
``(41) for the budget for each of fiscal years 2027 through 
2031, a report--
``(A) identifying cancelled balances (pursuant to 
section 1552(a)) for the preceding 3 fiscal years by 
agency and Treasury Appropriation Fund Symbol or fund 
account;
``(B) providing explanation of cancelled balances 
in any Treasury Appropriation Fund Symbol or fund 
account that exceed the lesser of 5 percent of total 
appropriations made available for that account or 
$100,000,000; and
``(C) including a tabulation, by Treasury 
Appropriation Fund Symbol or fund account and 
appropriation, of all balances of appropriations 
available for an indefinite period in an appropriation 
account available for an indefinite period that do not 
meet the criteria for closure under section 1555, but 
for which either--
``(i) the head of the agency concerned or 
the President has determined that the purposes 
for which the appropriation was made have been 
carried out; or
``(ii) no disbursement has been made 
against the appropriation--
``(I) in the prior year and the 
preceding fiscal year; or
``(II) in the prior year and which 
the budget estimates zero disbursements 
in the current year.''.

SEC. 213. LAPSE IN APPROPRIATIONS--REPORTING IN THE PRESIDENT'S BUDGET.

Section 1105(a) of title 31, United States Code, as amended by 
section 212, is further amended by adding at the end the following:
``(42) a report--
``(A) identifying any obligation or expenditure 
made by a department or agency affected in whole or in 
part by any lapse in appropriations of 5 consecutive 
days or more during the preceding fiscal year for which 
amounts were not available; and
``(B) with respect to any such obligation or 
expenditure, providing--
``(i) the amount so obligated or expended;
``(ii) the account affected;
``(iii) an explanation of the exception 
under subchapter III of chapter 13 or 
subchapter II of chapter 15 of this title, or 
another legal authority, that permitted the 
department or agency, as the case may be, to 
incur such obligation or expenditure; and
``(iv) an explanation of any change in the 
application of any exception under subchapter 
III of chapter 13 or subchapter II of chapter 
15 of this title for a program, project, or 
activity from any explanations previously 
reported on pursuant to this paragraph.''.

SEC. 214. TRANSFER AND OTHER REPURPOSING AUTHORITY REPORTING IN THE 
PRESIDENT'S BUDGET.

Section 1105(a) of title 31, United States Code, as amended by 
section 213, is further amended by adding at the end the following:
``(43) for the budget for fiscal year 2027, a report--
``(A) identifying any transfer authority or other 
authority to repurpose appropriations provided in a law 
other than an appropriation act; and
``(B) with respect to any such authority, providing 
the citation to the statute, the list of departments or 
agencies covered, an explanation of when such authority 
may be used, and an explanation on any use of such 
authority in the preceding 3 fiscal years.''.

SEC. 215. AUTHORIZING CANCELLATIONS IN INDEFINITE ACCOUNTS BY 
APPROPRIATION.

(a) In General.--Subchapter IV of chapter 15 of title 31, United 
States Code, is amended by inserting after section 1555 the following:
``Sec. 1555a. Cancellation of appropriations available for indefinite 
periods within an account
``Any remaining balance (whether obligated or unobligated) from an 
appropriation available for an indefinite period in an appropriation 
account available for an indefinite period that does not meet the 
requirements for closure under section 1555 shall be canceled, and 
thereafter shall not be available for obligation or expenditure for any 
purpose, if--
``(1) the head of the agency concerned or the President 
determines that the purposes for which the appropriation was 
made have been carried out; and
``(2) no disbursement has been made against the 
appropriation for two consecutive fiscal years.''.
(b) Clerical Amendment.--The table of sections for subchapter IV of 
chapter 15 of title 31, United States Code, is amended by inserting 
after the item relating to section 1555 the following:

``1555a. Cancellation of appropriations available for indefinite 
periods within an account.''.

SEC. 216. NATIONAL EMERGENCIES ACT DECLARATION SPENDING REPORTING IN 
THE PRESIDENT'S BUDGET.

Section 1105(a) of title 31, United States Code, as amended by 
section 214, is further amended by adding at the end the following:
``(44)(A) A report on the proposed, planned, and actual 
obligations and expenditures of funds (for the prior fiscal 
year, the current fiscal year, and the fiscal years for which 
the budget is submitted) attributable to the exercise of powers 
and authorities made available by statute for each national 
emergency declared by the President, currently active or in 
effect during the applicable fiscal years.
``(B) Obligations and expenditures contained in the report 
under subparagraph (A) shall be organized by Treasury 
Appropriation Fund Symbol or fund account and by program, 
project, and activity, and include--
``(i) a description of each such program, project, 
and activity;
``(ii) the authorities under which such funding 
actions are taken; and
``(iii) the purpose and progress of such 
obligations and expenditures toward addressing the 
applicable national emergency.
``(C) Such report shall include, with respect to any 
transfer, reprogramming, or repurposing of funds to address the 
applicable national emergency--
``(i) the amount of such transfer, reprogramming, 
or repurposing;
``(ii) the authority authorizing each such 
transfer, reprogramming, or repurposing; and
``(iii) a description of programs, projects, and 
activities affected by such transfer, reprogramming, or 
repurposing, including by a reduction in funding.''.

Subtitle B--Empowering Congressional Review Through Nonpartisan 
Congressional Agencies and Transparency Initiatives

SEC. 221. REQUIREMENT TO RESPOND TO REQUESTS FOR INFORMATION FROM THE 
COMPTROLLER GENERAL FOR BUDGET AND APPROPRIATIONS LAW 
DECISIONS.

(a) In General.--Subchapter II of chapter 7 of title 31, United 
States Code, is amended by adding at the end the following:
``Sec. 722. Requirement to respond to requests for information from the 
Comptroller General for budget and appropriations law 
decisions
``(a) If an agency receives a written request for information, 
documentation, or views from the Comptroller General relating to a 
decision or opinion on budget or appropriations law, the agency shall 
provide the requested information, documentation, or views not later 
than 20 days after receiving the written request, unless such written 
request specifically provides otherwise.
``(b) If an agency fails to provide the requested information, 
documentation, or views within the time required by subsection (a)--
``(1) the Comptroller General shall notify, in writing, the 
Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Oversight and Accountability of the 
House of Representatives, and any other appropriate 
congressional committee of such failure;
``(2) the Comptroller General is hereby expressly 
empowered, through attorneys selected by the Comptroller 
General, to bring a civil action in the United States District 
Court for the District of Columbia to require such information, 
documentation, or views to be produced; and
``(3) the court in a civil action brought under paragraph 
(2) is expressly empowered to enter against any department, 
agency, officer, or employee of the United States any decree, 
judgment, or order which may be necessary or appropriate to 
require such production.
``(c) Nothing in this section shall be construed as affecting or 
otherwise limiting the authorities provided to the Comptroller General 
in section 716 of this title.''.
(b) Clerical Amendment.--The table of sections for subchapter II of 
chapter 7 of title 31, United States Code, is amended by inserting 
after the item relating to section 721 the following:

``722. Requirement to respond to requests for information from the 
Comptroller General for budget and 
appropriations law decisions.''.

SEC. 222. REPORTING REQUIREMENTS FOR ANTIDEFICIENCY ACT VIOLATIONS.

(a) Violations of Section 1341 or 1342.--Section 1351 of title 31, 
United States Code, is amended--
(1) by striking ``If'' and inserting ``(a) If'';
(2) by inserting ``or if the Comptroller General determines 
that an officer or employee of an executive agency or of the 
District of Columbia government violated section 1341(a) or 
1342,'' before ``the head of the agency'';
(3) by striking ``the Comptroller General'' and inserting 
``the Comptroller General and the Attorney General''; and
(4) by adding at the end the following:
``(b) Any such report shall include a statement of the provision 
violated, a summary of the facts pertaining to the violation, the title 
and Treasury Appropriation Fund Symbol of the appropriation or fund 
account, the amount involved for each violation, the date on which the 
violation occurred, the position of any officer or employee responsible 
for the violation, a statement of the administrative discipline imposed 
and any further action taken with respect to any officer or employee 
involved in the violation, a statement of any additional action taken 
to prevent recurrence of the same type of violation, a statement of any 
determination that the violation was not knowing and willful that has 
been made by the executive agency or the District of Columbia 
government, and any written response by any officer or employee 
identified by position as involved in the violation. In the case that 
the Comptroller General issues a legal decision concluding that section 
1341(a) or 1342 was violated and the executive agency or the District 
of Columbia government does not agree that a violation has occurred, 
the report provided to the President, the Congress, and the Comptroller 
General will explain the position of the executive agency or the 
District of Columbia government.
``(c) If the Comptroller General finds that an officer or employee 
of an executive agency or an officer or employee of the District of 
Columbia government violated section 1341(a) or 1342 of this title, and 
that the head of the agency or the Mayor of the District of Columbia 
has failed to make the report required under subsection (a), the 
Comptroller General shall make a report on the violation of section 
1341(a) or 1342 and any available information concerning it to both 
Houses of Congress.''.
(b) Violations of Section 1517.--Section 1517 of title 31, United 
States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``or if the Comptroller General 
determines that an officer or employee of an executive 
agency or of the District of Columbia government 
violated subsection (a),'' before ``the head of the 
executive agency''; and
(B) by striking ``the Comptroller General'' and 
inserting ``the Comptroller General and the Attorney 
General''; and
(2) by adding at the end the following:
``(c) Any such report shall include a statement of the provision 
violated, a summary of the facts pertaining to the violation, the title 
and Treasury Appropriation Fund Symbol of the appropriation or fund 
account, the amount involved for each violation, the date on which the 
violation occurred, the position of any officer or employee responsible 
for the violation, a statement of the administrative discipline imposed 
and any further action taken with respect to any officer or employee 
involved in the violation, a statement of any additional action taken 
to prevent recurrence of the same type of violation, a statement of any 
determination that the violation was not knowing and willful that has 
been made by the executive agency or the District of Columbia 
government, and any written response by any officer or employee 
identified by position as involved in the violation. In the case that 
the Comptroller General issues a legal decision concluding that 
subsection (a) was violated and the executive agency or the District of 
Columbia government does not agree that a violation has occurred, the 
report provided to the President, the Congress, and the Comptroller 
General will explain the position of the executive agency or the 
District of Columbia government.''.

SEC. 223. DEPARTMENT OF JUSTICE REPORTING TO CONGRESS FOR 
ANTIDEFICIENCY ACT VIOLATIONS.

(a) Violations of Sections 1341 or 1342.--Section 1350 of title 31, 
United States Code, is amended--
(1) by striking ``An officer'' and inserting ``(a) An 
officer''; and
(2) by adding at the end the following:
``(b)(1) If an executive agency or the District of Columbia 
government reports, under section 1351, a violation of section 1341(a) 
or 1342, the Attorney General shall promptly review such report and 
investigate to the extent necessary to determine whether there are 
reasonable grounds to believe that the responsible officer or employee 
knowingly and willfully violated such section 1341(a) or 1342, as 
applicable. If the Attorney General determines that there are such 
reasonable grounds, the Attorney General diligently shall investigate a 
criminal violation under this section.
``(2) The Attorney General shall submit to Congress and the 
Comptroller General on or before March 31 of each calendar year an 
annual report detailing separately for each executive agency and for 
the District of Columbia government--
``(A) the number of reports under section 1351 transmitted 
to the President during the preceding calendar year;
``(B) the number of reports reviewed in accordance with 
paragraph (1) during the preceding calendar year;
``(C) without identification of any individual officer or 
employee, a description of each investigation undertaken in 
accordance with paragraph (1) during the preceding calendar 
year and an explanation of the status of any such 
investigation; and
``(D) without identification of any individual officer or 
employee, an explanation of any update to the status of any 
review or investigation previously reported pursuant to this 
paragraph.''.
(b) Violations of Section 1517.--Section 1519 of title 31, United 
States Code, is amended--
(1) by striking ``An officer'' and inserting ``(a) An 
officer''; and
(2) by adding at the end the following:
``(b)(1) If an executive agency or the District of Columbia 
government reports, under section 1517(b), a violation of section 
1517(a), the Attorney General shall promptly review such report and 
investigate to the extent necessary to determine whether there are 
reasonable grounds to believe that the responsible officer or employee 
knowingly and willfully violated such section 1517(a). If the Attorney 
General determines that there are such reasonable grounds, the Attorney 
General diligently shall investigate a criminal violation under this 
section.
``(2) The Attorney General shall submit to Congress and the 
Comptroller General on or before March 31 of each calendar year an 
annual report detailing separately for each executive agency and for 
the District of Columbia government--
``(A) the number of reports under section 1517(b) 
transmitted to the President during the preceding calendar 
year;
``(B) the number of reports reviewed in accordance with 
paragraph (1) during the preceding calendar year;
``(C) without identification of any individual officer or 
employee, a description of each investigation undertaken in 
accordance with paragraph (1) during the preceding calendar 
year and an explanation of the status of any such 
investigation; and
``(D) without identification of any individual officer or 
employee, an explanation of any update to the status of any 
review or investigation previously reported pursuant to this 
subsection.''.

SEC. 224. TREATMENT OF REQUESTS FOR INFORMATION FROM MEMBERS OF 
CONGRESS.

Section 552(d) of title 5, United States Code (commonly known as 
the ``Freedom of Information Act''), is amended, in the second 
sentence, by inserting ``or any Member of Congress'' before the period 
at the end.

SEC. 225. SUITS BY COMPTROLLER GENERAL FOR ANTIDEFICIENCY ACT 
VIOLATIONS.

(a) In General.--Subchapter II of chapter 7 of title 31, United 
States Code, is amended by adding at the end the following:
``Sec. 722. Suits by Comptroller General for ongoing Antideficiency Act 
violations
``If the Comptroller General determines that an individual is 
committing an ongoing violation of section 1341(a), 1342, or 1517(a), 
the Comptroller General may, through attorneys of his own selection, 
bring a civil action in the United States District Court for the 
District of Columbia, and such court is hereby expressly empowered to 
enter in such civil action, against any department, agency, officer, or 
employee of the United States, any decree, judgment, or order, which 
may be necessary or appropriate to stop the ongoing violation.''.
(b) Clerical Amendment.--The table of sections for such subchapter 
is amended by adding after the item relating to section 721 the 
following:

``722. Suits by Comptroller General for Antideficiency Act 
violations.''.

SEC. 226. INSPECTOR GENERAL FOR THE OFFICE OF MANAGEMENT AND BUDGET.

(a) Establishment of Office.--Section 401 of title 5, United States 
Code, is amended--
(1) in paragraph (1), by inserting ``the Office of 
Management and Budget,'' after ``means''; and
(2) in paragraph (3), by inserting ``the Director of the 
Office of Management and Budget,'' after ``means''.
(b) Special Provisions Concerning the Inspector General of the 
Office of Management and Budget.--Chapter 4 of title 5, United States 
Code, is amended by inserting after section 424 the following new 
section:
``Sec. 425. Special provisions concerning the Inspector General of the 
Office of Management and Budget
``The Inspector General of the Office of Management and Budget 
shall only have jurisdiction over those matters that--
``(1) have been specifically assigned to the Office under 
law;
``(2) are legal requirements delegated to the Office; or
``(3) otherwise involve compliance with legal 
requirements.''.
(c) Appointment.--Not later than 120 days after the date of the 
enactment of this Act, the President shall appoint an individual to 
serve as the Inspector General of the Office of Management and Budget 
in accordance with section 403(a) of title 5, United States Code.

SEC. 227. PUBLICATION OF BUDGET OR APPROPRIATIONS LAW OPINIONS OF THE 
DEPARTMENT OF JUSTICE OFFICE OF LEGAL COUNSEL.

(a) Schedule of Publication for Final OLC Opinions.--Each final OLC 
opinion shall be made available on its public website in a manner that 
is searchable, sortable, and downloadable in its entirety as soon as is 
practicable, but--
(1) not later than 30 days after the opinion is issued or 
updated if such action takes place on or after the date of 
enactment of this Act;
(2) not later than 1 year after the date of enactment of 
this Act for an opinion issued on or after January 20, 1993;
(3) not later than 2 years after the date of enactment of 
this Act for an opinion issued on or after January 20, 1981, 
and before or on January 19, 1993;
(4) not later than 3 years after the date of enactment of 
this Act for an opinion issued on or after January 20, 1969, 
and before or on January 19, 1981; and
(5) not later than 4 years after the date of enactment of 
this Act for all other opinions.
(b) Exceptions and Limitation on Public Availability of Final OLC 
Opinions.--
(1) In general.--A final OLC opinion or part thereof may be 
withheld only to the extent--
(A) information contained in the opinion was--
(i) specifically authorized to be kept 
secret, under criteria established by an 
Executive order, in the interest of national 
defense or foreign policy;
(ii) properly classified, including all 
procedural and marking requirements, pursuant 
to such Executive order;
(iii) the Attorney General determines that 
the national defense or foreign policy 
interests protected outweigh the public's 
interest in access to the information; and
(iv) put through declassification review 
within the past two years;
(B) information contained in the opinion relates to 
the appointment of a specific individual not confirmed 
to Federal office;
(C) information contained in the opinion is 
specifically exempted from disclosure by statute (other 
than sections 552 and 552b of title 5, United States 
Code), if such statute--
(i) requires that the material be withheld 
in such a manner as to leave no discretion on 
the issue; or
(ii) establishes particular criteria for 
withholding or refers to particular types of 
material to be withheld;
(D) information in the opinion includes trade 
secrets and commercial or financial information 
obtained from a person and privileged or confidential 
whose disclosure would likely cause substantial harm to 
the competitive position of the person from whom the 
information was obtained;
(E) the President, in his or her sole and 
nondelegable determination, formally and personally 
claims in writing that executive privilege prevents the 
release of the information and disclosure would cause 
specific identifiable harm to an interest protected by 
an exception or the disclosure is prohibited by law; or
(F) information in the opinion includes personnel 
and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion 
of personal privacy.
(2) Determination to withhold.--Any determination under 
this subsection to withhold information contained in a final 
OLC opinion shall be made by the Attorney General or a designee 
of the Attorney General. The determination shall be--
(A) in writing;
(B) made available to the public within the same 
timeframe as is required of a formal OLC opinion;
(C) sufficiently detailed as to inform the public 
of what kind of information is being withheld and the 
reason therefore; and
(D) effective only for a period of 3 years, subject 
to review and reissuance, with each reissuance made 
available to the public.
(3) Final opinions.--For final OLC opinions for which the 
text is withheld in full or in substantial part, a detailed 
unclassified summary of the opinion shall be made available to 
the public, in the same timeframe as required of the final OLC 
opinion, that conveys the essence of the opinion, including any 
interpretations of a statute, the Constitution, or other legal 
authority. A notation shall be included in any published list 
of final OLC opinions regarding the extent of the withholdings.
(4) No limitation on freedom of information.--Nothing in 
this subsection shall be construed as limiting the availability 
of information under section 552 of title 5, United States Code 
or construed as an exemption under paragraph (3) of subsection 
(b) of such section.
(5) No limitation on relief.--A decision by the Attorney 
General to release or withhold information pursuant to this 
title shall not preclude any action or relief conferred by 
statutory or regulatory regime that empowers any person to 
request or demand the release of information.
(6) Reasonably segregable portions of opinions to be 
published.--Any reasonably segregable portion of an opinion 
shall be provided after withholding of the portions which are 
exempt under this section. The amount of information withheld, 
and the exemption under which the withholding is made, shall be 
indicated on the released portion of the opinion, unless 
including that indication would harm an interest protected by 
the exemption in this paragraph under which the withholding is 
made. If technically feasible, the amount of the information 
withheld, and the exemption under which the withholding is 
made, shall be indicated at the place in the opinion where such 
withholding is made.
(c) Method of Publication.--The Attorney General shall publish each 
final OLC opinion to the extent the law permits, including by 
publishing the opinions on a publicly accessible website that--
(1) with respect to each opinion--
(A) contains an electronic copy of the opinion, 
including any transmittal letter associated with the 
opinion, in an open format that is platform independent 
and that is available to the public without 
restrictions;
(B) provides the public the ability to retrieve an 
opinion, to the extent practicable, through searches 
based on--
(i) the title of the opinion;
(ii) the date of publication or revision; 
or
(iii) the full text of the opinion;
(C) identifies the time and date when the opinion 
was required to be published, and when the opinion was 
transmitted for publication; and
(D) provides a permanent means of accessing the 
opinion electronically;
(2) includes a means for bulk download of all final OLC 
opinions or a selection of opinions retrieved using a text-
based search;
(3) provides free access to the opinions, and does not 
charge a fee, require registration, or impose any other 
limitation in exchange for access to the website; and
(4) is capable of being upgraded as necessary to carry out 
the purposes of this section.
(d) Definitions.--In this section:
(1) OLC opinion.--The term ``OLC opinion'' means views on a 
matter of legal interpretation communicated by the Office of 
Legal Counsel of the Department of Justice to any other office 
or agency, or person in an office or agency, in the Executive 
Branch, including any office in the Department of Justice, the 
White House, or the Executive Office of the President, and 
rendered in accordance with sections 511-513 of title 28, 
United States Code, and relating to--
(A) subtitle II, III, V, or VI of title 31, United 
States Code;
(B) the Balanced Budget and Emergency Deficit 
Control Act of 1985;
(C) the Congressional Budget and Impoundment 
Control Act of 1974; or
(D) any appropriations Act, continuing resolution, 
or other provision of law providing or governing 
appropriations or budget authority.
(2) Final olc opinion.--The term ``final OLC opinion'' 
means an OLC opinion that--
(A) the Attorney General, Assistant Attorney 
General for the Office of Legal Counsel, or a Deputy 
Assistant Attorney General for the Office of Legal 
Counsel, has determined is final; or
(B) is cited in another Office of Legal Counsel 
opinion.

TITLE III--REPUBLIC ACT

SEC. 301. SHORT TITLE.

This title may be cited as the ``Reforming Emergency Powers to 
Uphold the Balances and Limitations Inherent in the Constitution Act'' 
or the ``REPUBLIC Act''.

Subtitle A--Congressional Review of National Emergencies

SEC. 311. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.

The National Emergencies Act (50 U.S.C. 1621 et seq.) is amended by 
inserting after title I the following:

``TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.

``(a) Authority To Declare National Emergencies.--With respect to 
Acts of Congress authorizing the exercise, during the period of a 
national emergency, of any special or extraordinary power, the 
President is authorized to declare such a national emergency by 
proclamation. Such proclamation shall immediately be transmitted to 
Congress and published in the Federal Register.
``(b) Specification of Provisions of Law To Be Exercised.--No 
powers or authorities made available by statute for use during the 
period of a national emergency shall be exercised unless and until the 
President specifies the provisions of law under which the President 
proposes that the President or other officers will act in--
``(1) a proclamation declaring a national emergency under 
subsection (a); or
``(2) one or more Executive orders relating to the 
emergency published in the Federal Register and transmitted to 
Congress.
``(c) Prohibition on Subsequent Actions if Emergencies Not 
Approved.--
``(1) Subsequent declarations.--If a joint resolution of 
approval is not enacted under section 203 with respect to a 
national emergency before the expiration of the 45-day period 
described in section 202(a), or with respect to a national 
emergency proposed to be renewed under section 202(b), the 
President may not, during the remainder of the term of office 
of that President, declare a subsequent national emergency 
under subsection (a) with respect to the same circumstances.
``(2) Exercise of authorities.--If a joint resolution of 
approval is not enacted under section 203 with respect to a 
power or authority specified by the President in a proclamation 
under subsection (a) or an Executive order under subsection 
(b)(2) with respect to a national emergency, the President may 
not, during the remainder of the term of office of that 
President, exercise that power or authority with respect to 
that emergency.
``(d) Effect of Future Laws.--No law enacted after the date of the 
enactment of this Act shall supersede this title unless it does so in 
specific terms, referring to this title, and declaring that the new law 
supersedes the provisions of this title.

``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.

``(a) Temporary Effective Periods.--
``(1) In general.--A declaration of a national emergency 
shall remain in effect for a period of 45 calendar days from 
the issuance of the proclamation under section 201(a) (not 
counting the day on which the proclamation was issued) and 
shall terminate when such period expires unless there is 
enacted into law a joint resolution of approval under section 
203 with respect to the proclamation.
``(2) Exercise of powers and authorities.--Any emergency 
power or authority made available under a provision of law 
specified pursuant to section 201(b) may be exercised pursuant 
to a declaration of a national emergency for a period of 45 
calendar days from the issuance of the proclamation or 
Executive order (not counting the day on which such 
proclamation or Executive order was issued). That power or 
authority may not be exercised after such period expires unless 
there is enacted into law a joint resolution of approval under 
section 203 approving--
``(A) the proclamation of the national emergency or 
the Executive order; and
``(B) the exercise of the power or authority 
specified by the President in such proclamation or 
Executive order.
``(b) Renewal of National Emergencies.--A national emergency 
declared by the President under section 201(a) or previously renewed 
under this subsection through the enactment of a joint resolution of 
approval, and not already terminated pursuant to subsection (a) or (c), 
shall terminate on the date that is one year after the President 
transmitted to Congress the proclamation declaring the emergency or the 
joint resolution of approval was enacted into law, unless--
``(1) the President publishes in the Federal Register and 
transmits to Congress an Executive order renewing the 
emergency; and
``(2) there is enacted into law a joint resolution of 
approval renewing the emergency pursuant to section 203 before 
the termination of the emergency or previous renewal of the 
emergency.
``(c) Termination of National Emergencies.--
``(1) In general.--Any national emergency declared by the 
President under section 201(a) shall terminate on the earliest 
of--
``(A) the date provided for in subsection (a);
``(B) the date provided for in subsection (b);
``(C) the date specified in an Act of Congress 
terminating the emergency; or
``(D) the date specified in a proclamation of the 
President terminating the emergency.
``(2) Effect of termination.--
``(A) In general.--Effective on the date of the 
termination of a national emergency under paragraph 
(1)--
``(i) except as provided by subparagraph 
(B), any powers or authorities exercised by 
reason of the emergency shall cease to be 
exercised;
``(ii) any amounts reprogrammed or 
transferred under any provision of law with 
respect to the emergency that remain 
unobligated on that date shall be returned and 
made available for the purpose for which such 
amounts were appropriated; and
``(iii) any contracts entered into pursuant 
to authorities provided as a result of the 
emergency shall be terminated.
``(B) Savings provision.--The termination of a 
national emergency shall not affect--
``(i) any legal action taken or pending 
legal proceeding not finally concluded or 
determined on the date of the termination under 
paragraph (1);
``(ii) any legal action or legal proceeding 
based on any act committed prior to that date; 
or
``(iii) any rights or duties that matured 
or penalties that were incurred prior to that 
date.

``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

``(a) Joint Resolution of Approval Defined.--In this section, the 
term `joint resolution of approval' means a joint resolution that 
contains, after its resolving clause, only--
``(1) a provision approving--
``(A) a proclamation of a national emergency made 
under section 201(a);
``(B) an Executive order issued under section 
201(b)(2); or
``(C) an Executive order issued under section 
202(b); and
``(2) a provision approving a list of all or a portion of 
the provisions of law specified by the President under section 
201(b) in the proclamation or Executive order that is the 
subject of the joint resolution.
``(b) Procedures for Consideration of Joint Resolutions of 
Approval.--
``(1) Introduction.--After the President transmits to 
Congress a proclamation declaring a national emergency under 
section 201(a), or transmits to Congress an Executive order 
specifying emergency powers or authorities under section 
201(b)(2) or renewing a national emergency under section 
202(b), a joint resolution of approval may be introduced in 
either House of Congress by any member of that House.
``(2) Consideration in senate.--In the Senate, the 
following shall apply:
``(A) Reporting and discharge.--If each committee 
to which a joint resolution of approval has been 
referred has not reported it at the end of 10 calendar 
days after its introduction, that committee shall be 
automatically discharged from further consideration of 
the resolution and it shall be placed on the calendar.
``(B) Proceeding to consideration.--Notwithstanding 
Rule XXII of the Standing Rules of the Senate, when 
each committee to which a joint resolution of approval 
is referred has reported the resolution, or is 
discharged under subparagraph (A) from further 
consideration of the resolution, it is at any time 
thereafter in order (even though a previous motion to 
the same effect has been disagreed to) for a motion to 
proceed to the consideration of the joint resolution, 
and all points of order against the joint resolution 
(and against consideration of the joint resolution) are 
waived. The motion to proceed is subject to 4 hours of 
debate divided equally between those favoring and those 
opposing the joint resolution of approval. The motion 
is not subject to amendment, or to a motion to 
postpone, or to a motion to proceed to the 
consideration of other business.
``(C) Floor consideration.--A joint resolution of 
approval shall be subject to 10 hours of consideration, 
to be divided evenly between the proponents and 
opponents of the resolution.
``(D) Amendments.--No amendments shall be in order 
with respect to a joint resolution of approval.
``(E) Motion to reconsider final vote.--A motion to 
reconsider a vote on passage of a joint resolution of 
approval shall not be in order.
``(F) Appeals.--Points of order, including 
questions of relevancy, and appeals from the decision 
of the Presiding Officer, shall be decided without 
debate.
``(3) Consideration in house of representatives.--In the 
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If each committee 
to which a joint resolution of approval has been 
referred has not reported it to the House within 10 
calendar days after the date of referral, such 
committee shall be discharged from further 
consideration of the joint resolution.
``(B) Proceeding to consideration.--
``(i) In general.--Beginning on the third 
legislative day after each committee to which a 
joint resolution of approval has been referred 
reports it to the House or has been discharged 
from further consideration, and except as 
provided in clause (ii), it shall be in order 
to move to proceed to consider the joint 
resolution in the House. All points of order 
against the motion are waived. The previous 
question shall be considered as ordered on the 
motion to its adoption without intervening 
motion. The motion shall not be debatable. A 
motion to reconsider the vote by which the 
motion is disposed of shall not be in order.
``(ii) Subsequent motions to proceed to 
joint resolution of approval.--A motion to 
proceed to consider a joint resolution of 
approval shall not be in order after the House 
has disposed of another motion to proceed on 
that joint resolution.
``(C) Floor consideration.--Upon adoption of the 
motion to proceed in accordance with subparagraph 
(B)(i), the joint resolution of approval shall be 
considered as read. All points of order against the 
joint resolution of approval and against its 
consideration are waived. The previous question shall 
be considered as ordered on the joint resolution to 
final passage without intervening motion except two 
hours of debate, equally divided and controlled by the 
sponsor of the joint resolution (or a designee) and an 
opponent. A motion to reconsider the vote on passage of 
the joint resolution shall not be in order.
``(D) Amendments.--No amendments shall be in order 
with respect to a joint resolution of approval.
``(4) Receipt of resolution from other house.--
``(A) In general.--If, before passing a joint 
resolution of approval, one House receives a joint 
resolution of approval from the other House, then--
``(i) the joint resolution of the other 
House shall not be referred to a committee and 
shall be deemed to have been discharged from 
committee on the day it is received; and
``(ii) the procedures set forth in 
paragraphs (2) and (3), as applicable, shall 
apply in the receiving House to the joint 
resolution received from the other House to the 
same extent as such procedures apply to a joint 
resolution of the receiving House.
``(B) Application to revenue measures.--The 
provisions of this paragraph shall not apply in the 
House of Representatives to a joint resolution of 
approval that is a revenue measure.
``(c) Rule of Construction.--The enactment of a joint resolution of 
approval under this section shall not be interpreted to serve as a 
grant or modification by Congress of statutory authority for the 
emergency powers of the President.
``(d) Rules of the House and Senate.--This section is enacted by 
Congress--
``(1) as an exercise of the rulemaking power of the Senate 
and the House of Representatives, respectively, and as such is 
deemed a part of the rules of each House, respectively, but 
applicable only with respect to the procedure to be followed in 
the House in the case of joint resolutions described in this 
section, and supersedes other rules only to the extent that it 
is inconsistent with such other rules; and
``(2) with full recognition of the constitutional right of 
either House to change the rules (so far as relating to the 
procedure of that House) at any time, in the same manner, and 
to the same extent as in the case of any other rule of that 
House.

``SEC. 204. APPLICABILITY.

``This title shall apply to a national emergency pursuant to which 
the President proposes to exercise emergency powers or authorities made 
available under any provision of law that is not a provision of law 
described in section 604(a).''.

SEC. 312. REPORTING REQUIREMENTS.

Section 401 of the National Emergencies Act (50 U.S.C. 1641) is 
amended--
(1) in subsection (c)--
(A) in the first sentence by inserting ``, and make 
publicly available'' after ``transmit to Congress''; 
and
(B) in the second sentence by inserting ``, and 
make publicly available,'' before ``a final report''; 
and
(2) by adding at the end the following:
``(d) Report on Emergencies.--The President shall transmit to the 
entities described in subsection (g), with any proclamation declaring a 
national emergency under section 201(a) or any Executive order 
specifying emergency powers or authorities under section 201(b)(2) or 
renewing a national emergency under section 202(b), a report, in 
writing, that includes the following:
``(1) A description of the circumstances necessitating the 
declaration of a national emergency, the renewal of such an 
emergency, or the use of a new emergency authority specified in 
the Executive order, as the case may be.
``(2) The estimated duration of the national emergency, or 
a statement that the duration of the national emergency cannot 
reasonably be estimated at the time of transmission of the 
report.
``(3) A summary of the actions the President or other 
officers intend to take, including any reprogramming or 
transfer of funds, and the statutory authorities the President 
and such officers expect to rely on in addressing the national 
emergency.
``(4) The total expenditures estimated to be incurred by 
the United States Government during such six-month period which 
are directly attributable to the exercise of powers and 
authorities conferred by such declaration.
``(5) In the case of a renewal of a national emergency, a 
summary of the actions the President or other officers have 
taken in the preceding one-year period, including any 
reprogramming or transfer of funds, to address the emergency.
``(e) Provision of Information to Congress.--The President shall 
provide to the entities described in subsection (g) such other 
information as such entities may request in connection with any 
national emergency in effect under title II.
``(f) Periodic Reports on Status of Emergencies.--If the President 
declares a national emergency under section 201(a), the President 
shall, not less frequently than every 6 months for the duration of the 
emergency, report to the entities described in subsection (g) on the 
status of the emergency, the total expenditures incurred by the United 
States Government, and the actions the President or other officers have 
taken and authorities the President and such officers have relied on in 
addressing the emergency.
``(g) Entities Described.--The entities described in this 
subsection are--
``(1) the Speaker of the House of Representatives;
``(2) minority leader of the House of Representatives;
``(3) the Committee on Transportation and Infrastructure of 
the House of Representatives; and
``(4) the Committee on Homeland Security and Governmental 
Affairs of the Senate.''.

SEC. 313. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING 
INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.

(a) In General.--The National Emergencies Act (50 U.S.C. 1601 et 
seq.), as amended by this subtitle, is further amended by adding at the 
end the following:

``TITLE VI--DECLARATIONS OF CERTAIN EMERGENCIES INVOKING INTERNATIONAL 
EMERGENCY ECONOMIC POWERS ACT

``SEC. 604. APPLICABILITY.

``(a) In General.--This title shall apply to a national emergency 
pursuant to which the President proposes to exercise emergency powers 
or authorities made available under the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.).
``(b) Effect of Additional Powers and Authorities.--This title 
shall not apply to a national emergency or the exercise of emergency 
powers and authorities pursuant to the national emergency if, in 
addition to the exercise of emergency powers and authorities described 
in subsection (a), the President proposes to exercise, pursuant to the 
national emergency, any emergency powers and authorities under any 
other provision of law.''.
(b) Transfer.--Sections 201, 202, and 301 of the National 
Emergencies Act (50 U.S.C. 1601 et seq.), as such sections appeared on 
the day before the date of the enactment of this Act, are--
(1) transferred to title VI of such Act (as added by 
subsection (a));
(2) inserted before section 604 of such title (as added by 
subsection (a)); and
(3) redesignated as sections 601, 602, and 603, 
respectively.
(c) Conforming Amendment.--Title II of the National Emergencies Act 
(50 U.S.C. 1601 et seq.), as such title appeared the day before the 
date of the enactment of this Act, is amended by striking the heading 
for such title.

SEC. 314. CONFORMING AMENDMENTS.

(a) National Emergencies Act.--Title III of the National 
Emergencies Act (50 U.S.C. 1631) is repealed.
(b) International Emergency Economic Powers Act.--Section 207(b) of 
the International Emergency Economic Powers Act (50 U.S.C. 1706) is 
amended by striking ``concurrent resolution'' each place it appears and 
inserting ``joint resolution''.

SEC. 315. EFFECTIVE DATE; APPLICABILITY.

(a) In General.--This title and the amendments made by this title 
shall--
(1) take effect on the date of the enactment of this Act; 
and
(2) except as provided in subsection (b), apply with 
respect to national emergencies declared under section 201 of 
the National Emergencies Act on or after such date.
(b) Applicability to Renewals of Existing Emergencies.--With 
respect to a national emergency declared under section 201 of the 
National Emergencies Act before the date of the enactment of this Act 
that would expire or be renewed under section 202(d) of that Act (as in 
effect on the day before such date of enactment), that national 
emergency shall be subject to the requirements for renewal under 
section 202(b) of that Act, as amended by section 311.
(c) Supersession.--This title and the amendments made by this title 
shall supersede title II of the National Emergencies Act (50 U.S.C. 
1621 et seq.) as such title was in effect on the day before the date of 
enactment of this Act.

Subtitle B--Limitations on Emergency Authorities

SEC. 321. PRESIDENTIAL WAR POWERS UNDER COMMUNICATIONS ACT OF 1934.

Section 706 of the Communications Act of 1934 (47 U.S.C. 606) is 
amended--
(1) in subsection (c), by inserting ``and declares a 
national emergency'' after ``in the interest of national 
security or defense,''; and
(2) in subsection (d), by striking ``there exists'' and 
inserting ``a national emergency exists by virtue of there 
being''.

SEC. 322. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY ACTION 
DOCUMENTS.

(a) In General.--Not later than 3 days after the conclusion of the 
process for approval, adoption, or revision of any presidential 
emergency action document, the President shall submit that document to 
the appropriate congressional committees.
(b) Documents in Existence Before Date of Enactment.--Not later 
than 15 days after the date of the enactment of this Act, the President 
shall submit to the appropriate congressional committees all 
presidential emergency action documents in existence before such date 
of enactment.
(c) Oversight.--
(1) Senate.--The Committee on Homeland Security and 
Governmental Affairs of the Senate shall have--
(A) continuing legislative oversight jurisdiction 
in the Senate with respect to the proposal, creation, 
implementation, and execution of presidential emergency 
action documents; and
(B) access to any and all presidential emergency 
action documents.
(2) House of representatives.--The Committee on Oversight 
and Accountability of the House of Representatives shall have--
(A) continuing legislative oversight jurisdiction 
in the House of Representatives with respect to the 
proposal, creation, implementation, and execution of 
presidential emergency action documents; and
(B) access to any and all presidential emergency 
action documents.
(3) Duty to cooperate.--All officers and employees of any 
Federal agency shall have the duty to cooperate with the 
exercise of oversight jurisdiction described in this 
subsection.
(4) Security clearances.--The chairpersons and ranking 
members of the appropriate congressional committees, and 
designated staff of those committees, shall be granted all 
security clearances required to access, and granted access to, 
presidential emergency action documents, including under 
relevant Presidential or agency special access and 
compartmented access programs.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term 
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and 
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Accountability 
of the House of Representatives.
(2) Federal agency.--The term ``Federal agency''--
(A) has the meaning given the term ``agency'' in 
section 552(f) of title 5, United States Code; and
(B) includes the Executive Office of the President, 
the Executive Office of the Vice President, the Office 
of Management and Budget, and the National Security 
Council.
(3) Presidential emergency action document.--The term 
``presidential emergency action document'' refers to any 
document created by any Federal agency before, on, or after the 
date of the enactment of this Act, that is--
(A) designated as a presidential emergency action 
document or presidential emergency action directive;
(B) designed to implement a presidential decision 
or transmit a presidential request when an emergency 
disrupts normal executive, legislative, judicial, or 
other Federal Governmental processes;
(C) a Presidential Policy Directive, regardless of 
whether the directive is available to the public, that 
triggers any change in policies, procedures, or 
operations of the Federal Government upon the 
declaration by the President of an emergency; or
(D) any other document, briefing, or plan, 
regardless of whether the document, briefing, or plan 
exists in any tangible or written form, that triggers 
any change in operations of the Federal Government upon 
the declaration by the President of an emergency.
<all>