II 

116TH CONGRESS 

2D SESSION S. 3889 

To amend the Congressional Budget and Impoundment Control Act of 1974 

to strengthen congressional control and review, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2020 

Mr. LEAHY (for himself, Mrs. MURRAY, Mr. VAN HOLLEN, Mrs. FEINSTEIN, 

Mr. COONS, Ms. BALDWIN, Mr. WYDEN, Mr. MERKLEY, Mr. WHITEHOUSE, Mr. SCHATZ, Mr. SANDERS, Mrs. SHAHEEN, Mr. TESTER, Mr. 

UDALL, Mr. CARDIN, Mr. REED, Mr. DURBIN, Mr. MURPHY, and Mr. 

MANCHIN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Congressional Budget and Impoundment Control Act of 1974 to strengthen congressional control and 

review, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Congressional Power of the Purse Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 


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1 TITLE I—STRENGTHENING CON2 GRESSIONAL CONTROL AND 

3 REVIEW TO PREVENT IM4 POUNDMENT 

5 SEC. 101. STRENGTHENING CONGRESSIONAL CONTROL. 

6 (a) IN GENERAL.—Part B of the Impoundment Con7 trol Act of 1974 (2 U.S.C. 681 et seq.) is amended by 

8 adding at the end the following: 

9 ‘‘PRUDENT OBLIGATION OF BUDGET AUTHORITY AND

10 SPECIFIC REQUIREMENTS FOR EXPIRING BUDGET

11 AUTHORITY

12 ‘‘SEC. 1018. (a) SPECIAL MESSAGE REQUIRE13 MENT.—With respect to budget authority proposed to be 

14 rescinded or that is set to be reserved or proposed to be 

15 deferred in a special message transmitted under section 

16 1012 or 1013, such budget authority— 

17 ‘‘(1) shall be made available for obligation in 

18 sufficient time to be prudently obligated as required 

19 under section 1012(b) or 1013; and 

20 ‘‘(2) may not be deferred or otherwise withheld 

21 from obligation during the 90-day period before the 

22 expiration of the period of availability of such budget 

23 authority, including, if applicable, the 90-day period 

24 before the expiration of an initial period of availVerDate Sep 11 2014 17:46 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3889.IS S3889

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1 ability for which such budget authority was pro2 vided. 

3 ‘‘(b) ADMINISTRATIVE REQUIREMENT.—With respect 

4 to an apportionment of an appropriation (as that term is 

5 defined in section 1511 of title 31, United States Code) 

6 made pursuant to section 1512 of such title, an appropria7 tion shall be apportioned— 

8 ‘‘(1) to make available all amounts for obliga9 tion in sufficient time to be prudently obligated; and 

10 ‘‘(2) to make available all amounts for obliga11 tion, without precondition or limitation (including 

12 footnotes) that shall be met prior to obligation, not 

13 later than 90 days before the expiration of the pe14 riod of availability of such appropriation, including, 

15 if applicable, 90 days before the expiration of an ini16 tial period of availability for which such appropria17 tion was provided.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 of the Congressional Budget and Impoundment Control 

20 Act of 1974 set forth in section 1(b) of such Act is amend21 ed by inserting after the item relating to section 1017 the 

22 following: 

‘‘1018. Prudent obligation of budget authority and specific requirements for expiring budget authority.’’. 


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1 SEC. 102. STRENGTHENING CONGRESSIONAL REVIEW. 

2 (a) IN GENERAL.—Part B of the Impoundment Con3 trol Act of 1974 (2 U.S.C. 681 et seq.), as amended by 

4 section 101(a), is further amended by adding at the end 

5 the following: 

6 ‘‘REPORTING

7 ‘‘SEC. 1019. (a) APPORTIONMENT OF APPROPRIA8 TIONS.— 

9 ‘‘(1) AUTOMATED SYSTEM.— 

10 ‘‘(A) IN GENERAL.—Not later than 90 

11 days after the date of enactment of this section, 

12 the Office of Management and Budget shall— 

13 ‘‘(i) complete implementation of an 

14 automated system to post on a public 

15 Internet website, not later than 2 business 

16 days after the date of approval of an ap17 portionment, each document apportioning 

18 an appropriation, pursuant to section 

19 1513(b) of title 31, United States Code, 

20 including any associated footnotes, in a 

21 format that qualifies each such document 

22 as an Open Government Data Asset (as 

23 defined in section 3502 of title 44, United 

24 States Code); and 

25 ‘‘(ii) post on such website each docu26 ment apportioning an appropriation, purVerDate Sep 11 2014 17:46 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3889.IS S3889

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1 suant to such section 1513(b), including 

2 any associated footnotes, already approved 

3 for the fiscal year. 

4 ‘‘(B) REPORTING.—The Office of Manage5 ment and Budget shall submit to the Com6 mittee on the Budget and the Committee on 

7 Appropriations of the House of Representatives 

8 and the Committee on the Budget and the 

9 Committee on Appropriations of the Senate a 

10 report reflecting the date of completion of the 

11 requirements under subparagraph (A). 

12 ‘‘(2) EXPLANATORY STATEMENT.—Each docu13 ment apportioning an appropriation that is posted 

14 on a publicly accessible website under paragraph (1) 

15 shall include a written explanation by each officer or 

16 employee approving the apportionment (pursuant to 

17 section 1513(b) of title 31, United States Code) of 

18 the rationale for any footnotes. 

19 ‘‘(3) SPECIAL PROCESS FOR TRANSMITTING

20 CLASSIFIED DOCUMENTATION TO THE CONGRESS.— 

21 The Office of Management and Budget or the appli22 cable department or agency shall make available 

23 classified documentation relating to apportionment 

24 to appropriate congressional committees on a quar25 terly basis. 


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1 ‘‘(4) DEPARTMENT AND AGENCY REPORT.— 

2 ‘‘(A) IN GENERAL.—Each department or 

3 agency shall notify the Committee on the Budg4 et and the Committee on Appropriations of the 

5 House of Representatives, the Committee on 

6 the Budget and the Committee on Appropria7 tions of the Senate, and any other appropriate 

8 congressional committees if— 

9 ‘‘(i) an apportionment is not made in 

10 the required time period provided in sec11 tion 1513(b) of title 31, United States 

12 Code; 

13 ‘‘(ii) an approved apportionment re14 ceived by the department or agency condi15 tions the availability of an appropriation 

16 on further action; or 

17 ‘‘(iii) an approved apportionment re18 ceived by the department or agency may 

19 hinder the prudent obligation of such ap20 propriation or the execution of a program, 

21 project, or activity by such department or 

22 agency. 

23 ‘‘(B) NOTIFICATION CONTENTS.—Each no24 tification under subparagraph (A) shall contain 

25 information identifying the department, agency, 


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1 or bureau, account name, appropriation name, 

2 and Treasury Appropriation Fund Symbol or 

3 fund account. 

4 ‘‘(b) APPROVING OFFICIALS.— 

5 ‘‘(1) DELEGATION OF AUTHORITY.— 

6 ‘‘(A) IN GENERAL.—On the date of any 

7 delegation of apportionment authority pursuant 

8 to section 1513(b) of title 31, United States 

9 Code, made after the date of enactment of this 

10 section, the Office of Management and Budget 

11 shall submit the delegation for publication in 

12 the Federal Register. 

13 ‘‘(B) CURRENT FISCAL YEAR.—Not later 

14 than 15 days after the date of enactment of 

15 this section, the Office of Management and 

16 Budget shall submit for publication in the Fed17 eral Register each delegation of apportionment 

18 authority pursuant to section 1513(b) of title 

19 31, United States Code, that is in effect as of 

20 such date. 

21 ‘‘(C) FORMAT; UPDATING.—The Office of 

22 Management and Budget shall— 

23 ‘‘(i) publish delegations under sub24 paragraphs (A) and (B) in a format that 

25 qualifies such publications as an Open 


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1 Government Data Asset (as defined in sec2 tion 3502 of title 44, United States Code) 

3 on a public Internet website; and 

4 ‘‘(ii) continuously update the each 

5 such delegation with the position of each 

6 Federal officer or employee to whom ap7 portionment authority has been delegated. 

8 ‘‘(2) REPORT TO CONGRESS.—Not later than 5 

9 days after the date on which any change in the posi10 tion of the approving official with respect to any del11 egated apportionment authority for any account is 

12 made, the Office of Management and Budget shall 

13 submit a report to the Congress explaining why such 

14 change was made.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 of the Congressional Budget and Impoundment Control 

17 Act of 1974 set forth in section 1(b) of such Act, as 

18 amended by section 101(b) of this Act, is further amended 

19 by inserting after the item relating to section 1018 the 

20 following: 

‘‘1019. Reporting.’’. 

21 SEC. 103. UPDATED AUTHORITIES FOR AND REPORTING BY 

22 THE COMPTROLLER GENERAL. 

23 (a) IN GENERAL.—Section 1015 of the Impoundment 

24 Control Act of 1974 (2 U.S.C. 686) is amended— 


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1 (1) in subsection (a), in the matter following 

2 paragraph (2), by striking the last sentence; and 

3 (2) by adding at the end the following: 

4 ‘‘(c) REVIEW.— 

5 ‘‘(1) IN GENERAL.—The Comptroller General 

6 shall— 

7 ‘‘(A) review compliance with this part; and 

8 ‘‘(B) submit a report, and any relevant in9 formation related to the report, on any non10 compliance with this part to— 

11 ‘‘(i) the Committee on the Budget, the 

12 Committee on Appropriations, and the 

13 Committee on Oversight and Reform of the 

14 House of Representatives; 

15 ‘‘(ii) the Committee on the Budget, 

16 the Committee on Appropriations, and the 

17 Committee on Homeland Security and 

18 Governmental Affairs of the Senate; and 

19 ‘‘(iii) any other appropriate congres20 sional committee of the House of Rep21 resentatives and Senate. 

22 ‘‘(2) INFORMATION, DOCUMENTATION, AND

23 VIEWS.—The President or the head of the relevant 

24 department or agency of the United States shall pro25 vide information, documentation, and views to the 


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1 Comptroller General, as is determined by the Comp2 troller General to be necessary to determine such 

3 compliance— 

4 ‘‘(A) not later than 20 days after the date 

5 on which the request from the Comptroller Gen6 eral is received; or 

7 ‘‘(B) if the Comptroller General determines 

8 that a shorter or longer period is appropriate 

9 based on the specific circumstances, within such 

10 shorter or longer period. 

11 ‘‘(3) ACCESS.—To carry out the responsibilities 

12 of this part, the Comptroller General shall have ac13 cess to interview the officers, employees, contractors, 

14 and other agents and representatives of a depart15 ment, agency, or office of the United States at any 

16 reasonable time as the Comptroller General may re17 quest.’’. 

18 (b) RULE OF CONSTRUCTION.—Section 1001 of the 

19 Impoundment Control Act of 1974 (2 U.S.C. 681) is 

20 amended— 

21 (1) in paragraph (3), by striking the ‘‘or’’ at 

22 the end; 

23 (2) in paragraph (4), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(5) affecting or limiting in any way the au2 thorities provided to the Comptroller General under 

3 chapter 7 of title 31, United States Code.’’. 

4 SEC. 104. ADVANCE CONGRESSIONAL NOTIFICATION AND 

5 LITIGATION. 

6 Section 1016 of the Impoundment Control Act of 

7 1974 (2 U.S.C. 687) is amended to read as follows: 

8 ‘‘SUITS BY COMPTROLLER GENERAL

9 ‘‘SEC. 1016. (a) AUTHORITY TO BRING CIVIL AC10 TION.—If, under this title, budget authority is required 

11 to be made available for obligation and such budget au12 thority is not made available for obligation or information, 

13 documentation, views, or access are required to be pro14 duced and such information, documentation, views, or ac15 cess are not produced, the Comptroller General is ex16 pressly empowered, through attorneys selected by the 

17 Comptroller General, to bring a civil action in the United 

18 States District Court for the District of Columbia to re19 quire such budget authority to be made available for obli20 gation or such information, documentation, views, or ac21 cess to be produced. 

22 ‘‘(b) AUTHORITY OF COURT.—The court in a civil ac23 tion brought under subsection (a) is expressly empowered 

24 to enter, against any department, agency, officer, or em25 ployee of the United States, any decree, judgment, or 

26 order which may be necessary or appropriate to make such 


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1 budget authority available for obligation or compel produc2 tion of such information, documentation, views, or access. 

3 ‘‘(c) NOTICE TO CONGRESS.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), no civil action may be brought by the 

6 Comptroller General to require budget authority be 

7 made available under this section until the expira8 tion of 15 calendar days following the date on which 

9 an explanatory statement by the Comptroller Gen10 eral of the circumstances giving rise to the action 

11 contemplated is filed with the Speaker of the House 

12 of Representatives and the President of the Senate. 

13 ‘‘(2) EXCEPTION.—The Comptroller General 

14 may bring a civil action to require budget authority 

15 be made available under subsection (a) before the 

16 expiration of the period described in paragraph (1) 

17 of this subsection if the Comptroller General finds 

18 (and incorporates the finding in the explanatory 

19 statement filed) that the delay would be contrary to 

20 the public interest.’’. 

21 SEC. 105. PENALTIES FOR FAILURE TO COMPLY WITH THE 

22 IMPOUNDMENT CONTROL ACT OF 1974. 

23 (a) IN GENERAL.—Part B of the Impoundment Con24 trol Act of 1974 (2 U.S.C. 681 et seq.), as amended by 


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1 section 102(a) of this Act, is further amended by adding 

2 at the end the following: 

3 ‘‘PENALTIES FOR FAILURE TO COMPLY

4 ‘‘SEC. 1020. (a) ADMINISTRATIVE DISCIPLINE.—An 

5 officer or employee of the Executive Branch of the United 

6 States Government violating this part shall be subject to 

7 appropriate administrative discipline, including, when cir8 cumstances warrant, suspension from duty without pay or 

9 removal from office. 

10 ‘‘(b) REPORTING VIOLATIONS.— 

11 ‘‘(1) IN GENERAL.—In the event of a violation 

12 of section 1001, 1012, 1013, or 1018 of this title, 

13 or in the case that the Government Accountability 

14 Office issues a legal decision concluding that a de15 partment, agency, or office of the United States vio16 lated this part, the President or the head of the rel17 evant department or agency as the case may be, 

18 shall immediately submit a report regarding all rel19 evant facts and containing a statement of actions 

20 taken to— 

21 ‘‘(A) Congress; 

22 ‘‘(B) the Comptroller General; and 

23 ‘‘(C) the relevant inspector general. 

24 ‘‘(2) CONTENTS.— 

25 ‘‘(A) IN GENERAL.—Each report under 

26 paragraph (1) shall include— 


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1 ‘‘(i) a summary of the facts pertaining 

2 to the violation; 

3 ‘‘(ii) the title and Treasury Appro4 priation Fund Symbol of the appropriation 

5 or fund account; 

6 ‘‘(iii) the amount involved for each 

7 violation; 

8 ‘‘(iv) the date on which the violation 

9 occurred; 

10 ‘‘(v) the position of each officer or 

11 employee responsible for the violation; 

12 ‘‘(vi) a statement of the administra13 tive discipline imposed and any further ac14 tion taken with respect to any officer or 

15 employee involved in the violation; and 

16 ‘‘(vii) a statement of any additional 

17 action taken to prevent recurrence of the 

18 same type of violation. 

19 ‘‘(B) DISAGREEING REGARDING VIOLA20 TION.—In the case that the Government Ac21 countability Office issues a legal decision con22 cluding that a department, agency, or office of 

23 the United States violated this part and the rel24 evant department, agency, or office does not 

25 agree that a violation has occurred, the report 


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1 under paragraph (1) shall include an expla2 nation of the position of the department, agen3 cy, or office. 

4 ‘‘(3) OPPORTUNITY TO RESPOND.—If a report 

5 under paragraph (1) identifies the position of any 

6 officer or employee as involved in the violation, the 

7 officer or employee shall be provided a reasonable 

8 opportunity to respond in writing, and any such re9 sponse shall be appended to the report.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 of the Congressional Budget and Impoundment Control 

12 Act of 1974 set forth in section 1(b) of such Act, as 

13 amended by section 102(b) of this Act, is further amended 

14 by inserting after the item relating to section 1019 the 

15 following: 

‘‘1020. Penalties for failure to comply.’’. 

16 TITLE II—STRENGTHENING 

17 TRANSPARENCY AND RE18 PORTING 

19 Subtitle A—Funds Management 

20 and Reporting to the Congress 

21 SEC. 201. EXPIRED BALANCE REPORTING IN THE PRESI22 DENT’S BUDGET. 

23 Section 1105(a) of title 31, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(40) for the budget for each of fiscal years 

2 2022 through 2026, a report— 

3 ‘‘(A) identifying unobligated expired bal4 ances as of the beginning of the current fiscal 

5 year and the beginning of each of the preceding 

6 2 fiscal years by agency and the applicable 

7 Treasury Appropriation Fund Symbol or fund 

8 account; and 

9 ‘‘(B) providing an explanation of expired 

10 balances in any Treasury Appropriation Fund 

11 Symbol or fund account that exceed the lesser 

12 of 5 percent of total appropriations made avail13 able for that account or $100,000,000.’’. 

14 SEC. 202. CANCELLED BALANCE REPORTING IN THE PRESI15 DENT’S BUDGET. 

16 Section 1105(a) of title 31, United States Code, as 

17 amended by section 201 of this Act, is further amended 

18 by adding at the end the following: 

19 ‘‘(41) for the budget for each of fiscal years 

20 2022 through 2026, a report— 

21 ‘‘(A) identifying cancelled balances (pursu22 ant to section 1552(a)) for the preceding 3 fis23 cal years by agency and Treasury Appropriation 

24 Fund Symbol or fund account; 


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1 ‘‘(B) providing an explanation of cancelled 

2 balances in any Treasury Appropriation Fund 

3 Symbol or fund account that exceed the lesser 

4 of 5 percent of total appropriations made avail5 able for that account or $100,000,000; and 

6 ‘‘(C) including a tabulation, by Treasury 

7 Appropriation Fund Symbol or fund account 

8 and appropriation, of all balances of appropria9 tions available for an indefinite period in an ap10 propriation account available for an indefinite 

11 period that do not meet the criteria for closure 

12 under section 1555, but for which either— 

13 ‘‘(i) the head of the agency concerned 

14 or the President has determined that the 

15 purposes for which the appropriation was 

16 made have been carried out; or 

17 ‘‘(ii) no disbursement has been made 

18 against the appropriation— 

19 ‘‘(I) in the prior year and the 

20 preceding fiscal year; or 

21 ‘‘(II) in the prior year and which 

22 the budget estimates zero disburse23 ments in the current year.’’. 


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1 SEC. 203. LAPSE IN APPROPRIATIONS REPORTING IN THE 

2 PRESIDENT’S BUDGET. 

3 Section 1105(a) of title 31, United States Code, as 

4 amended by section 202 of this Act, is further amended 

5 by adding at the end the following: 

6 ‘‘(42) a report— 

7 ‘‘(A) identifying any obligation or expendi8 ture made by a department or agency affected 

9 in whole or in part by any lapse in appropria10 tions of not less than 5 consecutive days during 

11 the preceding fiscal year; and 

12 ‘‘(B) with respect to any such obligation or 

13 expenditure, providing— 

14 ‘‘(i) the amount so obligated or ex15 pended, the account affected, and an expla16 nation of which Antideficiency Act excep17 tions permitted the department or agency, 

18 as the case may be, to incur such obliga19 tion or expenditure; and 

20 ‘‘(ii) an explanation of any changes in 

21 the application of any Antideficiency Act 

22 exception for a program, project, or activ23 ity from any explanations previously re24 ported on pursuant to this paragraph.’’. 


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1 SEC. 204. TRANSFER AND OTHER REPURPOSING AUTHOR2 ITY REPORTING IN THE PRESIDENT’S BUDG3 ET. 

4 Section 1105(a) of title 31, United States Code, as 

5 amended by section 203 of this Act, is further amended 

6 by adding at the end the following: 

7 ‘‘(43) for the budget for fiscal year 2022, a re8 port— 

9 ‘‘(A) identifying any transfer authority or 

10 other authority to repurpose appropriations pro11 vided in a law other than an appropriation Act; 

12 and 

13 ‘‘(B) with respect to any such authority, 

14 providing the citation to the statute, the list of 

15 departments or agencies covered, an expla16 nation of when such authority may be used, and 

17 an explanation of any use of such authority in 

18 the preceding 3 fiscal years.’’. 

19 SEC. 205. AUTHORIZING CANCELLATIONS IN INDEFINITE 

20 ACCOUNTS BY APPROPRIATION. 

21 (a) IN GENERAL.—Subchapter IV of chapter 15 of 

22 title 31, United States Code, is amended by inserting after 

23 section 1555 the following: 


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1 ‘‘§ 1555a. Cancellation of appropriations available for 

2 indefinite periods within an account 

3 ‘‘Any remaining balance (whether obligated or unobli4 gated) from an appropriation available for an indefinite 

5 period in an appropriation account available for an indefi6 nite period that does not meet the requirements for closure 

7 under section 1555 shall be canceled, and thereafter shall 

8 not be available for obligation or expenditure for any pur9 pose, if— 

10 ‘‘(1) the head of the agency concerned or the 

11 President determines that the purposes for which 

12 the appropriation was made have been carried out; 

13 and 

14 ‘‘(2) no disbursement has been made against 

15 the appropriation for 2 consecutive fiscal years.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for subchapter IV of chapter 15 of title 31, United States 

18 Code, is amended by inserting after the item relating to 

19 section 1555 the following: 

‘‘1555a. Cancellation of appropriations available for indefinite periods within an 

account.’’. 


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1 Subtitle B—Empowering Congres2 sional Review Through Non3 partisan Congressional Agencies 

4 and Transparency Initiatives 

5 SEC. 211. REQUIREMENT TO RESPOND TO REQUESTS FOR 

6 INFORMATION FROM THE GOVERNMENT AC7 COUNTABILITY OFFICE FOR BUDGET AND AP8 PROPRIATIONS LAW DECISIONS. 

9 (a) IN GENERAL.—Subchapter II of chapter 7 of title 

10 31, United States Code, is amended by adding at the end 

11 the following: 

12 ‘‘§ 722. Requirement to respond to requests for infor13 mation from the Government Account14 ability Office for budget and appropria15 tions law decisions 

16 ‘‘(a) If an executive agency or the District of Colum17 bia government receives a written request for information, 

18 documentation, or views from the Government Account19 ability Office relating to a decision or opinion on budget 

20 or appropriations law, the executive agency or the District 

21 of Columbia government shall provide the requested infor22 mation, documentation, or views not later than 20 days 

23 after receiving the written request, unless such written re24 quest specifically provides otherwise. 


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1 ‘‘(b) If an executive agency or the District of Colum2 bia government fails to respond to a request for informa3 tion, documentation, or views described in subsection (a) 

4 within the time required by such subsection— 

5 ‘‘(1) the Comptroller General shall notify, in 

6 writing, the Committee on Oversight and Reform of 

7 the House of Representatives, the Committee on 

8 Homeland Security and Governmental Affairs of the 

9 Senate, and any other appropriate congressional 

10 committee of the House of Representatives or the 

11 Senate of such failure; 

12 ‘‘(2) the Comptroller General is hereby ex13 pressly empowered, through attorneys selected by 

14 the Comptroller General, to bring a civil action in 

15 the United States District Court for the District of 

16 Columbia to require such information, documenta17 tion, or views to be produced; and 

18 ‘‘(3) the court in a civil action brought under 

19 paragraph (2) is expressly empowered to enter 

20 against any department, agency, officer, or employee 

21 of the United States any decree, judgment, or order 

22 which may be necessary or appropriate to require 

23 such production. 


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1 ‘‘(c) Nothing in this section shall be construed as af2 fecting or otherwise limiting the authorities provided to 

3 the Comptroller General in section 716 of this title.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 for subchapter II of chapter 7 of title 31, United States 

6 Code, is amended by inserting after the item relating to 

7 section 721 the following: 

‘‘722. Requirement to respond to requests for information from the Government 

Accountability Office for budget and appropriations law decisions.’’. 

8 SEC. 212. REPORTING REQUIREMENTS FOR 

9 ANTIDEFICIENCY ACT VIOLATIONS. 

10 (a) VIOLATIONS OF SECTION 1341 OR 1342.—Sec11 tion 1351 of title 31, United States Code, is amended— 

12 (1) by striking ‘‘If’’ and inserting ‘‘(a) If the 

13 Government Accountability Office, an executive 

14 agency, or the District of Columbia government de15 termines that’’; 

16 (2) by striking ‘‘violates’’ and inserting ‘‘has 

17 violated’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(b) Each report under subsection (a) shall include— 

20 ‘‘(1) a summary of the facts pertaining to the 

21 violation; 

22 ‘‘(2) the title and Treasury Appropriation Fund 

23 Symbol of the appropriation or fund account; 

24 ‘‘(3) the amount involved for each violation; 


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•S 3889 IS

1 ‘‘(4) the date on which the violation occurred; 

2 ‘‘(5) the position of any officer or employee re3 sponsible for the violation; 

4 ‘‘(6) a statement of the administrative dis5 cipline imposed and any further action taken with 

6 respect to any officer or employee involved in the 

7 violation; 

8 ‘‘(7) a statement of any additional action taken 

9 to prevent recurrence of the same type of violation; 

10 ‘‘(8) a statement of any determination that the 

11 violation was not knowing and willful that has been 

12 made by the executive agency or District of Colum13 bia government; and 

14 ‘‘(9) any written response by any officer or em15 ployee identified by position as involved in the viola16 tion. 

17 ‘‘(c) In the case that the Government Accountability 

18 Office issues a legal decision concluding that an officer 

19 or employee of an executive agency or an officer or em20 ployee of the District of Columbia government violated 

21 section 1341(a) or 1342 and the executive agency or Dis22 trict of Columbia government, as applicable, does not 

23 agree that a violation has occurred, the report under sub24 section (a) shall explain the position of the executive agen25 cy or District of Columbia government.’’. 


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1 (b) VIOLATIONS OF SECTION 1517.—Section 1517 of 

2 title 31, United States Code, is amended— 

3 (1) in subsection (b)— 

4 (A) by striking ‘‘If’’ and inserting ‘‘If the 

5 Government Accountability Office, an executive 

6 agency, or the District of Columbia government 

7 determines that’’; and 

8 (B) by striking ‘‘violates’’ and inserting 

9 ‘‘has violated’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(c) Each report under subsection (b) shall include— 

12 ‘‘(1) a summary of the facts pertaining to the 

13 violation; 

14 ‘‘(2) the title and Treasury Appropriation Fund 

15 Symbol of the appropriation or fund account; 

16 ‘‘(3) the amount involved for each violation; 

17 ‘‘(4) the date on which the violation occurred; 

18 ‘‘(5) the position of any officer or employee re19 sponsible for the violation; 

20 ‘‘(6) a statement of the administrative dis21 cipline imposed and any further action taken with 

22 respect to any officer or employee involved in the 

23 violation; 

24 ‘‘(7) a statement of any additional action taken 

25 to prevent recurrence of the same type of violation; 


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•S 3889 IS

1 ‘‘(8) a statement of any determination that the 

2 violation was not knowing and willful that has been 

3 made by the executive agency or District of Colum4 bia government; and 

5 ‘‘(9) any written response by any officer or em6 ployee identified by position as involved in the viola7 tion. 

8 ‘‘(d) In the case that the Government Accountability 

9 Office issues a legal decision concluding that an officer 

10 or employee of an executive agency or of the District of 

11 Columbia government violated subsection (a) and the exec12 utive agency or District of Columbia government, as appli13 cable, does not agree that a violation has occurred, the 

14 report under subsection (b) shall explain the position of 

15 the executive agency or of the District of Columbia govern16 ment.’’. 

17 SEC. 213. DEPARTMENT OF JUSTICE REPORTING TO CON18 GRESS FOR ANTIDEFICIENCY ACT VIOLA19 TIONS. 

20 (a) VIOLATIONS OF SECTIONS 1341 OR 1342.—Sec21 tion 1350 of title 31, United States Code, is amended— 

22 (1) by striking ‘‘An officer’’ and inserting ‘‘(a) 

23 An officer’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(b)(1) If an executive agency or the District of Co2 lumbia government reports, under section 1351, a viola3 tion of section 1341(a) or 1342, the Attorney General 

4 shall promptly review such report and investigate to the 

5 extent necessary to determine whether there are reason6 able grounds to believe that the responsible officer or em7 ployee knowingly and willfully violated section 1341(a) or 

8 1342, as applicable. If the Attorney General determines 

9 that there are such reasonable grounds, the Attorney Gen10 eral shall diligently investigate a criminal violation under 

11 this section. 

12 ‘‘(2) Not later than March 31 of each year, the Attor13 ney General shall submit to Congress and the Comptroller 

14 General a report detailing separately for each executive 

15 agency and the District of Columbia government— 

16 ‘‘(A) the number of reports under section 1351 

17 transmitted to the President during the preceding 

18 year; 

19 ‘‘(B) the number of reports reviewed in accord20 ance with paragraph (1) during the preceding year; 

21 ‘‘(C) without identification of any individual of22 ficer or employee of an executive agency or of the 

23 District of Columbia government, a description of 

24 each investigation undertaken in accordance with 

25 paragraph (1) during the preceding year and an exVerDate Sep 11 2014 17:46 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3889.IS S3889

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•S 3889 IS

1 planation of the status of any such investigation; 

2 and 

3 ‘‘(D) without identification of any individual of4 ficer or employee of an executive agency or of the 

5 District of Columbia government, an explanation of 

6 any update to the status of any review or investiga7 tion previously reported pursuant to this para8 graph.’’. 

9 (b) VIOLATIONS OF SECTION 1517.—Section 1519 of 

10 title 31, United States Code, is amended— 

11 (1) by striking ‘‘An officer’’ and inserting ‘‘(a) 

12 An officer’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(b)(1) If an executive agency or the District of Co15 lumbia government reports, under section 1517(b), a vio16 lation of section 1517(a), the Attorney General shall 

17 promptly review such report and investigate to the extent 

18 necessary to determine whether there are reasonable 

19 grounds to believe that the responsible officer or employee 

20 knowingly and willfully violated section 1517(a). If the At21 torney General determines that there are such reasonable 

22 grounds, the Attorney General shall diligently investigate 

23 a criminal violation under this section. 

24 ‘‘(2) Not later than March 31 of each year, the Attor25 ney General shall submit to Congress and the Comptroller 


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•S 3889 IS

1 General a report detailing separately for each executive 

2 agency and the District of Columbia government— 

3 ‘‘(A) the number of reports under section 

4 1517(b) transmitted to the President during the pre5 ceding year; 

6 ‘‘(B) the number of reports reviewed in accord7 ance with paragraph (1) during the preceding year; 

8 ‘‘(C) without identification of any individual of9 ficer or employee of an executive agency or of the 

10 District of Columbia government, a description of 

11 each investigation undertaken in accordance with 

12 paragraph (1) during the preceding year and an ex13 planation of the status of any such investigation; 

14 and 

15 ‘‘(D) without identification of any individual of16 ficer or employee of an executive agency or of the 

17 District of Columbia government, an explanation of 

18 any update to the status of any review or investiga19 tion previously reported pursuant to this para20 graph.’’. 

21 SEC. 214. PUBLICATION OF BUDGET OR APPROPRIATIONS 

22 LAW OPINIONS OF THE DEPARTMENT OF JUS23 TICE OFFICE OF LEGAL COUNSEL. 

24 (a) SCHEDULE OF PUBLICATION FOR FINAL OLC 

25 OPINIONS.—Each covered final OLC opinion shall be 


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•S 3889 IS

1 made available on the public website of the Department 

2 of Justice in a manner that is searchable, sortable, and 

3 downloadable in its entirety as soon as is practicable, and 

4 in any event— 

5 (1) not later than 30 days after the opinion is 

6 issued or updated if the covered final OLC opinion 

7 is issued or updated on or after the date of enact8 ment of this Act; 

9 (2) not later than 1 year after the date of en10 actment of this Act for a covered final OLC opinion 

11 issued on or after January 20, 1993, and before the 

12 date of enactment of this Act; 

13 (3) not later than 2 years after the date of en14 actment of this Act for a covered final OLC opinion 

15 issued on or after January 20, 1981, and on or be16 fore January 19, 1993; 

17 (4) not later than 3 years after the date of en18 actment of this Act for a covered final OLC opinion 

19 issued on or after January 20, 1969, and on or be20 fore January 19, 1981; and 

21 (5) not later than 4 years after the date of en22 actment of this Act for all other covered final OLC 

23 opinions. 

24 (b) EXCEPTIONS AND LIMITATION ON PUBLIC

25 AVAILABILITY OF FINAL OLC OPINIONS.— 


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1 (1) IN GENERAL.—A covered final OLC opinion 

2 or part thereof may be withheld only to the extent— 

3 (A)(i) information contained in the opinion 

4 was specifically authorized to be kept secret, 

5 under criteria established by an Executive 

6 order, in the interest of national defense or for7 eign policy; 

8 (ii) such information was properly classi9 fied, including all procedural and marking re10 quirements, pursuant to such Executive order; 

11 (iii) such information was evaluated for de12 classification during the 2-year period before 

13 the date on which the covered final OLC opin14 ion is otherwise required to be disclosed; and 

15 (iv) the Attorney General determines that 

16 the national defense or foreign policy interests 

17 protected outweigh the public’s interest in ac18 cess to such information; 

19 (B) information contained in the opinion 

20 relates to the appointment of a specific indi21 vidual not confirmed to Federal office; 

22 (C) information contained in the opinion is 

23 specifically exempted from disclosure by statute 

24 (other than section 552 or 552b of title 5, 

25 United States Code), if such statute— 


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•S 3889 IS

1 (i) requires that the material be with2 held in such a manner as to leave no dis3 cretion on the issue; or 

4 (ii) establishes particular criteria for 

5 withholding or refers to particular types of 

6 material to be withheld; 

7 (D) information in the opinion includes 

8 trade secrets and commercial or financial infor9 mation obtained from a person and privileged 

10 or confidential the disclosure of which would 

11 likely cause substantial harm to the competitive 

12 position of the person from whom the informa13 tion was obtained; 

14 (E) the President, in his or her sole and 

15 nondelegable determination, formally and per16 sonally claims in writing that executive privilege 

17 prevents the release of the information and dis18 closure would cause specific identifiable harm to 

19 an interest protected by an exception or the dis20 closure is prohibited by law; or 

21 (F) information in the opinion includes 

22 personnel, medical, or similar files the disclo23 sure of which would constitute a clearly unwar24 ranted invasion of personal privacy. 


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•S 3889 IS

1 (2) DETERMINATION TO WITHHOLD.—Any de2 termination under this subsection to withhold infor3 mation contained in a covered final OLC opinion 

4 shall be— 

5 (A) made by the Attorney General or a 

6 designee of the Attorney General; 

7 (B) in writing; 

8 (C) made available to the public not later 

9 than the date on which the covered final OLC 

10 opinion is otherwise required to be disclosed; 

11 (D) sufficiently detailed as to inform the 

12 public of what kind of information is being 

13 withheld and the reason therefore; and 

14 (E) effective only for a period of 3 years, 

15 subject to review and reissuance of a determina16 tion made and issued in accordance with this 

17 subsection. 

18 (3) SUMMARIES.—For any covered final OLC 

19 opinion which is withheld in full or in substantial 

20 part, a detailed unclassified summary of the opinion 

21 shall be made available to the public, not later than 

22 the date on which the covered final OLC opinion is 

23 otherwise required to be disclosed, that conveys the 

24 essence of the opinion, including any interpretations 

25 of a statute, the Constitution of the United States, 


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•S 3889 IS

1 or other legal authority. A notation shall be included 

2 in any published list of covered final OLC opinion 

3 regarding the extent of the withholdings. 

4 (4) NO LIMITATION ON FREEDOM OF INFORMA5 TION.—Nothing in this subsection shall be construed 

6 as limiting the availability of information under sec7 tion 552 of title 5, United States Code or construed 

8 as an exemption under paragraph (3) of subsection 

9 (b) of such section. 

10 (5) NO LIMITATION ON RELIEF.—A decision by 

11 the Attorney General to release or withhold informa12 tion pursuant to this section shall not preclude any 

13 action or relief conferred under a statute or regula14 tion that authorizes any person to request or de15 mand the release of information. 

16 (6) REASONABLY SEGREGABLE PORTIONS OF

17 OPINIONS TO BE PUBLISHED.—Any reasonably seg18 regable portion of a covered final OLC opinion shall 

19 be provided after withholding of the portions which 

20 are exempt from disclosure under this section. The 

21 amount of information withheld, and the exemption 

22 under which the withholding is made, shall be indi23 cated on the released portion of the opinion, unless 

24 including that indication would harm an interest 

25 protected by the exemption under this subsection 


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•S 3889 IS

1 under which the withholding is made. If technically 

2 feasible, the amount of the information withheld, 

3 and the exemption under which the withholding is 

4 made, shall be indicated at the place in the opinion 

5 where such withholding is made. 

6 (c) METHOD OF PUBLICATION.—The Attorney Gen7 eral shall publish each covered final OLC opinion to the 

8 extent the law permits, including by publishing the opin9 ions on a publicly accessible website that— 

10 (1) with respect to each opinion— 

11 (A) contains an electronic copy of the opin12 ion, including any transmittal letter associated 

13 with the opinion, in an open format that is plat14 form independent and that is available to the 

15 public without restrictions; 

16 (B) provides the public the ability to re17 trieve an opinion, to the extent practicable, 

18 through searches based on— 

19 (i) the title of the opinion; 

20 (ii) the date of publication or revision; 

21 or 

22 (iii) the full text of the opinion; 

23 (C) identifies the time and date when the 

24 opinion was required to be published, and when 


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•S 3889 IS

1 the opinion was transmitted for publication; 

2 and 

3 (D) provides a permanent means of access4 ing the opinion electronically; 

5 (2) includes a means for bulk download of all 

6 OLC opinions or a selection of opinions retrieved 

7 using a text-based search; 

8 (3) provides free access to the opinions, and 

9 does not charge a fee, require registration, or impose 

10 any other limitation in exchange for access to the 

11 website; and 

12 (4) is capable of being upgraded as necessary to 

13 carry out the purposes of this section. 

14 (d) DEFINITIONS.—In this section: 

15 (1) COVERED FINAL OLC OPINION.—The term 

16 ‘‘covered final OLC opinion’’ means a final OLC 

17 opinion relating to section 1301(a), 1341, 1342, 

18 1501, 1502, 1512, 1513, 1515, 1517, or 3302(b) of 

19 title 31, United States Code, the Balanced Budget 

20 and Emergency Deficit Control Act of 1985 (2 

21 U.S.C. 900 et seq.), the Federal Credit Reform Act 

22 of 1990 (2 U.S.C. 661 et seq.), the Impoundment 

23 Control Act of 1974 (2 U.S.C. 681 et seq.), an ap24 propriation Act, a continuing resolution, or another 


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•S 3889 IS

1 provision of law providing or governing appropria2 tions or budget authority. 

3 (2) FINAL OLC OPINION.—The term ‘‘final 

4 OLC opinion’’ means an OLC opinion that— 

5 (A) the Attorney General, Assistant Attor6 ney General for the Office of Legal Counsel, or 

7 a Deputy Assistant General for the Office of 

8 Legal Counsel, has determined is final; 

9 (B) government officials or government 

10 contractors are relying on or have relied on; 

11 (C) is or has been relied upon to formulate 

12 legal guidance; or 

13 (D) is cited in another Office of Legal 

14 Counsel opinion. 

15 (3) OLC OPINION.—The term ‘‘OLC opin16 ion’’— 

17 (A) means views on a matter of legal inter18 pretation communicated by the Office of Legal 

19 Counsel of the Department of Justice to any 

20 other office or agency, or person in an office or 

21 agency, in the executive branch, including any 

22 office in the Department of Justice, the White 

23 House, or the Executive Office of the President, 

24 and rendered in accordance with sections 511 


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1 through 513 of title 28, United States Code; 

2 and 

3 (B) includes any memorialization of a 

4 verbal communication that provides any views 

5 described in subparagraph (A). 

6 TITLE III—STRENGTHENING 

7 CONGRESSIONAL ROLE IN 

8 AND OVERSIGHT OF EMER9 GENCY DECLARATIONS AND 

10 DESIGNATIONS 

11 SEC. 301. IMPROVING CHECKS AND BALANCES ON THE USE 

12 OF THE NATIONAL EMERGENCIES ACT. 

13 (a) REQUIREMENTS RELATING TO DECLARATION

14 AND RENEWAL OF NATIONAL EMERGENCIES.—Title II of 

15 the National Emergencies Act (50 U.S.C. 1621 et seq.) 

16 is amended by striking sections 201 and 202 and inserting 

17 the following: 

18 ‘‘SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES. 

19 ‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER20 GENCIES.—With respect to Acts of Congress authorizing 

21 the exercise, during the period of a national emergency, 

22 of any special or extraordinary power, the President is au23 thorized to declare such a national emergency by procla24 mation. Such proclamation shall immediately be trans25 mitted to Congress and published in the Federal Register. 


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•S 3889 IS

1 ‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE

2 EXERCISED AND REPORTING.—No powers or authorities 

3 made available by statute for use during the period of a 

4 national emergency shall be exercised unless and until the 

5 President specifies the provisions of law under which the 

6 President proposes that the President or other officers will 

7 act in— 

8 ‘‘(1) a proclamation declaring a national emer9 gency under subsection (a); or 

10 ‘‘(2) one or more Executive orders relating to 

11 the emergency published in the Federal Register and 

12 transmitted to Congress. 

13 ‘‘(c) PROHIBITION ON SUBSEQUENT ACTIONS IF

14 EMERGENCIES NOT APPROVED.— 

15 ‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint 

16 resolution of approval is not enacted under section 

17 203 with respect to a national emergency before the 

18 expiration of the period of 30 calendar days de19 scribed in section 202(a), or with respect to a na20 tional emergency proposed to be renewed under sec21 tion 202(b), the President may not, during the re22 mainder of the term of office of that President, de23 clare a subsequent national emergency under sub24 section (a) with respect to the same circumstances. 


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•S 3889 IS

1 ‘‘(2) EXERCISE OF AUTHORITIES.—If a joint 

2 resolution of approval is not enacted under section 

3 203 with respect to a power or authority specified by 

4 the President in a proclamation under subsection (a) 

5 or an Executive order under subsection (b)(2) with 

6 respect to a national emergency, the President may 

7 not, during the remainder of the term of office of 

8 that President, exercise that power or authority with 

9 respect to that emergency. 

10 ‘‘(d) EFFECT OF FUTURE LAWS.—No law enacted 

11 after the date of the enactment of the Congressional 

12 Power of the Purse Act shall supersede this title unless 

13 it does so in specific terms, referring to this title, and de14 claring that the new law supersedes the provisions of this 

15 title. 

16 ‘‘SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMER17 GENCIES. 

18 ‘‘(a) TEMPORARY EFFECTIVE PERIODS.— 

19 ‘‘(1) IN GENERAL.—A declaration of a national 

20 emergency shall remain in effect for a period of 30 

21 calendar days from the issuance of the proclamation 

22 under section 201(a) (unless the declaration is ter23 minated before the end of that period pursuant to 

24 an Act of Congress under subsection (c)(1)(C) or a 

25 proclamation of the President under subsection 


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•S 3889 IS

1 (c)(1)(D)) and shall terminate when that 30-cal2 endar-day period expires unless there is enacted into 

3 law a joint resolution of approval under section 203 

4 with respect to the proclamation. 

5 ‘‘(2) EXERCISE OF POWERS AND AUTHORI6 TIES.—Any emergency power or authority made 

7 available under a provision of law specified in a 

8 proclamation or Executive order pursuant to section 

9 201(b) may be exercised pursuant to the declaration 

10 of a national emergency for a period of 30 calendar 

11 days from the issuance of the proclamation or Exec12 utive order (unless the declaration is terminated be13 fore the end of that period pursuant to an Act of 

14 Congress under subsection (c)(1)(C) or a proclama15 tion of the President under subsection (c)(1)(D)). 

16 That power or authority may not be exercised after 

17 that 30-calendar-day period expires unless there is 

18 enacted into law a joint resolution of approval under 

19 section 203 approving— 

20 ‘‘(A) the proclamation of the national 

21 emergency or the Executive order; and 

22 ‘‘(B) the exercise of the power or authority 

23 specified by the President in such proclamation 

24 or Executive order. 


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1 ‘‘(3) COMPUTATION OF DAYS.—For purposes of 

2 paragraphs (1) and (2), a period of 30 calendar days 

3 shall be computed excluding— 

4 ‘‘(A) Saturdays, Sundays, and Federal 

5 holidays; and 

6 ‘‘(B) the date on which the proclamation 

7 or Executive order described in paragraph (1) 

8 or (2), as applicable, is issued. 

9 ‘‘(b) RENEWAL OF NATIONAL EMERGENCIES.—A na10 tional emergency declared by the President under section 

11 201(a) or previously renewed under this subsection, and 

12 not already terminated pursuant to subsection (a) or (c), 

13 shall terminate on the date that is one year after the 

14 President transmitted to Congress the proclamation de15 claring the emergency or Congress approved a previous re16 newal pursuant to this subsection, unless— 

17 ‘‘(1) the President publishes in the Federal 

18 Register and transmits to Congress an Executive 

19 order renewing the emergency; and 

20 ‘‘(2) there is enacted into law a joint resolution 

21 of approval renewing the emergency pursuant to sec22 tion 203 before the termination of the emergency or 

23 previous renewal of the emergency. 

24 ‘‘(c) TERMINATION OF NATIONAL EMERGENCIES.— 


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•S 3889 IS

1 ‘‘(1) IN GENERAL.—Any national emergency 

2 declared by the President under section 201(a) shall 

3 terminate on the earliest of— 

4 ‘‘(A) the date provided for in subsection 

5 (a); 

6 ‘‘(B) the date provided for in subsection 

7 (b); 

8 ‘‘(C) the date specified in an Act of Con9 gress terminating the emergency; or 

10 ‘‘(D) the date specified in a proclamation 

11 of the President terminating the emergency. 

12 ‘‘(2) EFFECT OF TERMINATION.— 

13 ‘‘(A) IN GENERAL.—Effective on the date 

14 of the termination of a national emergency 

15 under paragraph (1)— 

16 ‘‘(i) except as provided by subpara17 graph (B), any powers or authorities exer18 cised by reason of the emergency shall 

19 cease to be exercised; 

20 ‘‘(ii) any amounts reprogrammed, 

21 repurposed, or transferred under any pro22 vision of law with respect to the emergency 

23 that remain unobligated on that date shall 

24 be returned and made available for the 


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•S 3889 IS

1 purpose for which such amounts were ap2 propriated; and 

3 ‘‘(iii) any contracts entered into under 

4 any provision of law relating to the emer5 gency shall be terminated. 

6 ‘‘(B) SAVINGS PROVISION.—The termi7 nation of a national emergency shall not af8 fect— 

9 ‘‘(i) any legal action taken or pending 

10 legal proceeding not finally concluded or 

11 determined on the date of the termination 

12 under paragraph (1); 

13 ‘‘(ii) any legal action or legal pro14 ceeding based on any act committed prior 

15 to that date; or 

16 ‘‘(iii) any rights or duties that ma17 tured or penalties that were incurred prior 

18 to that date. 

19 ‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER20 GENCIES. 

21 ‘‘(a) JOINT RESOLUTION OF APPROVAL DEFINED.— 

22 In this section, the term ‘joint resolution of approval’ 

23 means a joint resolution that does not have a preamble 

24 and that contains only the following provisions after its 

25 resolving clause: 


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•S 3889 IS

1 ‘‘(1) A provision approving one or more— 

2 ‘‘(A) proclamations declaring national 

3 emergencies under section 201(a); 

4 ‘‘(B) Executive orders issued under section 

5 201(b)(2); or 

6 ‘‘(C) Executive orders issued under section 

7 202(b). 

8 ‘‘(2) A provision approving a list of all or a por9 tion of the provisions of law specified by the Presi10 dent under section 201(b) in the proclamations or 

11 Executive orders that are the subject of the joint 

12 resolution. 

13 ‘‘(b) PROCEDURES FOR CONSIDERATION OF JOINT

14 RESOLUTIONS OF APPROVAL.— 

15 ‘‘(1) INTRODUCTION.—After the President 

16 transmits to Congress a proclamation declaring a 

17 national emergency under section 201(a), or an Ex18 ecutive order specifying emergency powers or au19 thorities under section 201(b)(2) or renewing a na20 tional emergency under section 202(b), a joint reso21 lution of approval may be introduced in either House 

22 of Congress by any member of that House with re23 spect to the proclamation or Executive order. 

24 ‘‘(2) REQUESTS TO CONVENE CONGRESS DUR25 ING RECESSES.—If, when the President transmits to 


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•S 3889 IS

1 Congress a proclamation declaring a national emer2 gency under section 201(a), or an Executive order 

3 specifying emergency powers or authorities under 

4 section 201(b)(2) or renewing a national emergency 

5 under section 202(b), Congress has adjourned sine 

6 die or has adjourned for any period in excess of 3 

7 calendar days— 

8 ‘‘(A) the Speaker of the House of Rep9 resentatives or the designee of the Speaker, 

10 after consultation with the minority leader of 

11 the House, shall notify the Members of the 

12 House to reassemble at such place and time as 

13 they may designate if, in their opinion, the pub14 lic interest shall warrant it; and 

15 ‘‘(B) the majority leader of the Senate or 

16 the designee of the majority leader, after con17 currence with the minority leader of the Senate, 

18 shall notify the Members of the Senate to reas19 semble at such place and time as they may des20 ignate if, in their opinion, the public interest 

21 shall warrant it. 

22 ‘‘(3) CONSIDERATION IN SENATE.—In the Sen23 ate, the following shall apply: 


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•S 3889 IS

1 ‘‘(A) COMMITTEE REFERRAL.—A joint res2 olution of approval shall be referred to the ap3 propriate committee or committees. 

4 ‘‘(B) REPORTING AND DISCHARGE.—If a 

5 committee to which a joint resolution of ap6 proval has been referred has not reported it at 

7 the end of 10 calendar days after its introduc8 tion, that committee shall be discharged from 

9 further consideration of the resolution and it 

10 shall be placed on the calendar. 

11 ‘‘(C) PROCEEDING TO CONSIDERATION.— 

12 Notwithstanding Rule XXII of the Standing 

13 Rules of the Senate, when a committee to which 

14 a joint resolution of approval is referred has re15 ported the resolution, or when that committee is 

16 discharged under subparagraph (B) from fur17 ther consideration of the resolution, it is at any 

18 time thereafter in order to move to proceed to 

19 the consideration of the joint resolution, and all 

20 points of order against the joint resolution (and 

21 against the motion to proceed to the consider22 ation of the joint resolution) are waived. The 

23 motion to proceed shall be debatable for 4 

24 hours evenly divided between proponents and 

25 opponents of the joint resolution of approval. 


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1 The motion is not subject to amendment, or to 

2 a motion to postpone, or to a motion to proceed 

3 to the consideration of other business. A motion 

4 to reconsider the vote by which the motion is 

5 agreed to or disagreed to shall not be in order. 

6 If a motion to proceed to the consideration of 

7 a joint resolution of approval is agreed to, the 

8 joint resolution shall remain the unfinished 

9 business of the Senate until disposed of. 

10 ‘‘(D) FLOOR CONSIDERATION.—There 

11 shall be 10 hours of consideration on a joint 

12 resolution of approval, to be divided evenly be13 tween the proponents and opponents of the 

14 joint resolution. Of that 10 hours, there shall be 

15 a total of 2 hours of debate on any debatable 

16 motions in connection with the joint resolution, 

17 to be divided evenly between the proponents 

18 and opponents of the joint resolution. 

19 ‘‘(E) AMENDMENTS.—No amendments 

20 shall be in order with respect to a joint resolu21 tion of approval in the Senate. 

22 ‘‘(F) MOTION TO RECONSIDER VOTE ON

23 PASSAGE.—A motion to reconsider a vote on 

24 passage of a joint resolution of approval shall 

25 not be in order. 


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1 ‘‘(G) APPEALS.—Points of order and ap2 peals from the decision of the Presiding Officer 

3 shall be decided without debate. 

4 ‘‘(4) CONSIDERATION IN HOUSE OF REP5 RESENTATIVES.—In the House of Representatives, 

6 the following shall apply: 

7 ‘‘(A) REPORTING AND DISCHARGE.—If any 

8 committee to which a joint resolution of ap9 proval has been referred has not reported it to 

10 the House at the end of 10 calendar days after 

11 its introduction, such committee shall be dis12 charged from further consideration of the joint 

13 resolution. 

14 ‘‘(B) PROCEEDING TO CONSIDERATION.— 

15 After each committee to which a joint resolu16 tion of approval has been referred reports it to 

17 the House or has been discharged from further 

18 consideration thereof, it shall be in order to 

19 move to proceed to consider the joint resolution 

20 of approval in the House. All points of order 

21 against the motion are waived. Such a motion 

22 shall not be in order after the House has dis23 posed of a motion to proceed on the joint reso24 lution of approval. The previous question shall 

25 be considered as ordered on the motion to its 


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1 adoption without intervening motion. The mo2 tion shall not be debatable. A motion to recon3 sider the vote by which the motion is disposed 

4 of shall not be in order. 

5 ‘‘(C) CONSIDERATION.—The joint resolu6 tion of approval shall be considered as read. All 

7 points of order against the resolution and 

8 against its consideration are waived. The pre9 vious question shall be considered as ordered on 

10 the resolution to final passage without inter11 vening motion except 2 hours of debate evenly 

12 divided and controlled by the sponsor of the res13 olution (or a designee) and an opponent. A mo14 tion to reconsider the vote on passage of the 

15 resolution shall not be in order. 

16 ‘‘(D) AMENDMENTS.—No amendments 

17 shall be in order with respect to a joint resolu18 tion of approval in the House. 

19 ‘‘(5) COORDINATION WITH ACTION BY OTHER

20 HOUSE.— 

21 ‘‘(A) IN GENERAL.—If, before the passage 

22 by one House of a joint resolution of approval 

23 of that House, that House receives from the 

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1 tion 201(a) or Executive order described in sec2 tion 201(b)(2) or 202(b), then the following 

3 procedures shall apply: 

4 ‘‘(i) The joint resolution of the other 

5 House shall not be referred to a com6 mittee. 

7 ‘‘(ii) The procedure in the receiving 

8 House shall be the same as if no joint res9 olution had been received from the other 

10 House until the vote on passage, which 

11 shall be treated as follows: 

12 ‘‘(I) If the text of the joint reso13 lution of approval is identical to the 

14 text of the joint resolution of approval 

15 received from the other House, the 

16 vote on final passage shall be on the 

17 joint resolution of approval received 

18 from the other House. 

19 ‘‘(II) If the text of the joint reso20 lution is not identical to the text of 

21 the joint resolution received from the 

22 other House, then that House shall 

23 vote on passage of its own resolution 

24 and it shall be in order immediately 

25 thereafter to make a privileged motion 


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1 to proceed to the consideration of the 

2 measure from the other House, strike 

3 all after the enacting clause, and in4 sert in lieu thereof the text of the res5 olution passed by that House. The 

6 joint resolution as amended shall be 

7 read a third time and engrossed and 

8 passed as amended, and the motion to 

9 reconsider shall be considered made 

10 and laid upon the table. Such a mo11 tion shall be disposed of without inter12 vening action or debate. 

13 ‘‘(B) TREATMENT OF LEGISLATION OF

14 OTHER HOUSE.—If one House fails to intro15 duce, consider, or enact a joint resolution of ap16 proval under this section with respect to procla17 mation under section 201(a) or Executive order 

18 under section 201(b)(2) or 202(b), the joint 

19 resolution of approval of the other House shall 

20 be entitled to consideration under this section. 

21 ‘‘(C) SPECIAL RULE FOR REVENUE MEAS22 URES.—In the case of a joint resolution of ap23 proval that is a revenue measure— 


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1 ‘‘(i) the provisions of subparagraphs 

2 (A) and (B) shall not apply in the House 

3 of Representatives; and 

4 ‘‘(ii) the provisions of subparagraph 

5 (A) shall apply in the Senate even if the 

6 Senate has previously passed a joint reso7 lution of approval relating to the same 

8 proclamation under section 201(a) or Ex9 ecutive order under section 201(b)(2) or 

10 202(b). 

11 ‘‘(6) RESOLUTION OF DIFFERENCES BETWEEN

12 THE HOUSES.—In the case of a difference between 

13 the 2 Houses of Congress with respect to the text 

14 of a joint resolution of approval passed by both 

15 Houses: 

16 ‘‘(A) HOUSE.—Debate in the House of 

17 Representatives on amendments between the 

18 Houses (or a conference report) on the joint 

19 resolution of approval, including a motion to 

20 concur with an amendment, shall be limited to 

21 not more than 1 hour, which shall be divided 

22 evenly between a proponent and an opponent. A 

23 motion to further limit debate is not debatable. 

24 It is not in order to move to reconsider the vote 


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1 by which the message or conference report is 

2 agreed to or disagreed to. 

3 ‘‘(B) SENATE.—During the consideration 

4 in the Senate of a message between the Houses 

5 (or a conference report) on the joint resolution 

6 of approval and all amendments thereto, and 

7 debatable motions in connection therewith, con8 sideration shall be limited to 10 hours, to be 

9 evenly divided between, and controlled by, the 

10 majority leader and minority leader or their 

11 designees. Consideration of any debatable mo12 tion related to the message between Houses (or 

13 conference report), including a motion to concur 

14 with an amendment, shall be limited to 1 hour, 

15 to be evenly divided between, and controlled by, 

16 the mover and the manager of a message be17 tween Houses (or conference report). Points of 

18 order and appeals shall be decided without de19 bate. 

20 ‘‘(C) LIMITATION ON AMENDMENTS BE21 TWEEN THE HOUSES.—The only amendments 

22 in order shall be amendments— 

23 ‘‘(i) to add or remove one or more 

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1 ders issued under section 201(b)(2), or Ex2 ecutive orders issued under section 202(b); 

3 ‘‘(ii) to strike a provision or provisions 

4 of law from the list required by subsection 

5 (a)(2); or 

6 ‘‘(iii) to add to that list a provision or 

7 provisions of law specified by the President 

8 under section 201(b) in a proclamation or 

9 Executive order that is the subject of the 

10 joint resolution of approval. 

11 ‘‘(7) TREATMENT OF VETO MESSAGE.—Debate 

12 on a veto message in the Senate under this section 

13 shall be 1 hour evenly divided between the majority 

14 and minority leaders or their designees. 

15 ‘‘(c) RULE OF CONSTRUCTION.—The enactment of a 

16 joint resolution of approval under this section shall not 

17 be interpreted to serve as a grant or modification by Con18 gress of statutory authority for the emergency powers of 

19 the President. 

20 ‘‘(d) RULES OF THE HOUSE AND SENATE.—This sec21 tion is enacted by Congress— 

22 ‘‘(1) as an exercise of the rulemaking power of 

23 the Senate and the House of Representatives, re24 spectively, and as such is deemed a part of the rules 

25 of each House, respectively, but applicable only with 


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1 respect to the procedure to be followed in the House 

2 in the case of joint resolutions of approval described 

3 in this section, and supersedes other rules only to 

4 the extent that it is inconsistent with such other 

5 rules; and 

6 ‘‘(2) with full recognition of the constitutional 

7 right of either House to change the rules (so far as 

8 relating to the procedure of that House) at any time, 

9 in the same manner, and to the same extent as in 

10 the case of any other rule of that House. 

11 ‘‘SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMER12 GENCIES INVOKING INTERNATIONAL EMER13 GENCY ECONOMIC POWERS ACT. 

14 ‘‘(a) IN GENERAL.—In the case of a national emer15 gency described in subsection (b), the provisions of the 

16 National Emergencies Act, as in effect on the day before 

17 the date of the enactment of the Congressional Power of 

18 the Purse Act, shall continue to apply on and after such 

19 date of enactment. 

20 ‘‘(b) NATIONAL EMERGENCY DESCRIBED.— 

21 ‘‘(1) IN GENERAL.—A national emergency de22 scribed in this subsection is a national emergency 

23 pursuant to which the President proposes to exercise 

24 emergency powers or authorities made available 

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1 ers Act (50 U.S.C. 1701 et seq.), supplemented as 

2 necessary by a provision of law specified in para3 graph (2). 

4 ‘‘(2) PROVISIONS OF LAW SPECIFIED.—The 

5 provisions of law specified in this paragraph are— 

6 ‘‘(A) the United Nations Participation Act 

7 of 1945 (22 U.S.C. 287 et seq.); 

8 ‘‘(B) section 212(f) of the Immigration 

9 and Nationality Act (8 U.S.C. 1182(f)); or 

10 ‘‘(C) any provision of law that authorizes 

11 the implementation, imposition, or enforcement 

12 of economic sanctions with respect to a foreign 

13 country. 

14 ‘‘(c) EFFECT OF ADDITIONAL POWERS AND AU15 THORITIES.—Subsection (a) shall not apply to a national 

16 emergency or the exercise of emergency powers and au17 thorities pursuant to the national emergency if, in addition 

18 to the exercise of emergency powers and authorities de19 scribed in subsection (b), the President proposes to exer20 cise, pursuant to the national emergency, any emergency 

21 powers and authorities under any other provision of law.’’. 

22 (b) REPORTING REQUIREMENTS.—Section 401 of the 

23 National Emergencies Act (50 U.S.C. 1641) is amended 

24 by adding at the end the following: 


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1 ‘‘(d) REPORT ON EMERGENCIES.—The President 

2 shall transmit to Congress, with any proclamation declar3 ing a national emergency under section 201(a) or any Ex4 ecutive order specifying emergency powers or authorities 

5 under section 201(b)(2) or renewing a national emergency 

6 under section 202(b), a report, in writing, that includes 

7 the following: 

8 ‘‘(1) A description of the circumstances necessi9 tating the declaration of a national emergency, the 

10 renewal of such an emergency, or the use of a new 

11 emergency authority specified in the Executive 

12 order, as the case may be. 

13 ‘‘(2) The estimated duration of the national 

14 emergency, or a statement that the duration of the 

15 national emergency cannot reasonably be estimated 

16 at the time of transmission of the report. 

17 ‘‘(3) A summary of the actions the President or 

18 other officers intend to take, including any re19 programming or transfer of funds and any contracts 

20 anticipated to be entered into, and the statutory au21 thorities the President and such officers expect to 

22 rely on in addressing the national emergency. 

23 ‘‘(4) In the case of a renewal of a national 

24 emergency, a summary of the actions the President 

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1 year period, including any reprogramming or trans2 fer of funds, to address the emergency. 

3 ‘‘(e) PROVISION OF INFORMATION TO CONGRESS.— 

4 The President shall provide to Congress such other infor5 mation as Congress may request in connection with any 

6 national emergency in effect under title II. 

7 ‘‘(f) PERIODIC REPORTS ON STATUS OF EMER8 GENCIES.—If the President declares a national emergency 

9 under section 201(a), the President shall, not less fre10 quently than every 3 months for the duration of the emer11 gency, report to Congress on the status of the emergency 

12 and the actions the President or other officers have taken 

13 and authorities the President and such officers have relied 

14 on in addressing the emergency.’’. 

15 (c) EXCLUSION OF IMPOSITION OF DUTIES AND IM16 PORT QUOTAS FROM PRESIDENTIAL AUTHORITIES

17 UNDER INTERNATIONAL EMERGENCY ECONOMIC POW18 ERS ACT.—Section 203 of the International Emergency 

19 Economic Powers Act (50 U.S.C. 1702) is amended— 

20 (1) by redesignating subsection (c) as sub21 section (d); and 

22 (2) by inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c)(1) The authority granted to the President by 

25 this section does not include the authority to impose duties 


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1 or tariff-rate quotas or (subject to paragraph (2)) other 

2 quotas on articles entering the United States. 

3 ‘‘(2) The limitation under paragraph (1) does not 

4 prohibit the President from excluding all articles imported 

5 from a country from entering the United States.’’. 

6 (d) CONFORMING AMENDMENTS.— 

7 (1) NATIONAL EMERGENCIES ACT.—Title III of 

8 the National Emergencies Act (50 U.S.C. 1631) is 

9 repealed. 

10 (2) INTERNATIONAL EMERGENCY ECONOMIC

11 POWERS ACT.—Section 207 of the International 

12 Emergency Economic Powers Act (50 U.S.C. 1706) 

13 is amended— 

14 (A) in subsection (b), by striking ‘‘concur15 rent resolution’’ and inserting ‘‘joint resolution’’ 

16 each place it appears; and 

17 (B) by adding at the end the following: 

18 ‘‘(e) In this section, the term ‘National Emergencies 

19 Act’ means the National Emergencies Act, as in effect on 

20 the day before the date of the enactment of the Congres21 sional Power of the Purse Act.’’. 

22 (e) EFFECTIVE DATE; APPLICABILITY.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), this section and the amendments made by 

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1 actment of this Act and apply with respect to na2 tional emergencies declared under section 201 of the 

3 National Emergencies Act on or after that date. 

4 (2) APPLICABILITY TO RENEWALS OF EXISTING

5 EMERGENCIES.—When a national emergency de6 clared under section 201 of the National Emer7 gencies Act before the date of the enactment of this 

8 Act would expire or be renewed under section 202(d) 

9 of that Act (as in effect on the day before such date 

10 of enactment), that national emergency shall be sub11 ject to the requirements for renewal under section 

12 202(b) of that Act, as amended by subsection (a). 

13 SEC. 302. NATIONAL EMERGENCIES ACT DECLARATION 

14 SPENDING REPORTING IN THE PRESIDENT’S 

15 BUDGET. 

16 Section 1105(a) of title 31, United States Code, as 

17 amended by section 204 of this Act, is further amended 

18 by adding at the end the following: 

19 ‘‘(44)(A) a report on the proposed, planned, 

20 and actual obligations and expenditures of funds (for 

21 the prior fiscal year, the current fiscal year, and the 

22 fiscal year for which the budget is submitted) attrib23 utable to the exercise of powers and authorities 

24 made available by statute for use during the period 

25 of a national emergency declared by the President 


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1 under section 201 of the National Emergencies Act 

2 (50 U.S.C. 1621), currently active or in effect dur3 ing the applicable fiscal years. 

4 ‘‘(B) Obligations and expenditures contained in 

5 the report described in subparagraph (A) shall— 

6 ‘‘(i) be organized by Treasury Appropria7 tion Fund Symbol or fund account and by pro8 gram, project, and activity; and 

9 ‘‘(ii) include— 

10 ‘‘(I) a description of each such pro11 gram, project, and activity; 

12 ‘‘(II) the authorities under which such 

13 funding actions are taken; and 

14 ‘‘(III) the purpose and progress of 

15 such obligations and expenditures toward 

16 addressing the applicable national emer17 gency. 

18 ‘‘(C) The report described in subparagraph (A) 

19 shall include, with respect to any transfer, re20 programming, or repurposing of funds to address 

21 the applicable national emergency— 

22 ‘‘(i) the amount of such transfer, re23 programming, or repurposing; 

24 ‘‘(ii) the authority authorizing each such 

25 transfer, reprogramming, or repurposing; and 


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1 ‘‘(iii) a description of programs, projects, 

2 and activities affected by such transfer, re3 programming, or repurposing, including by a 

4 reduction in funding.’’. 

5 SEC. 303. EMERGENCY AND OVERSEAS CONTINGENCY OP6 ERATIONS DESIGNATIONS BY CONGRESS IN 

7 STATUTE. 

8 Section 251(b)(2)(A) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985 (2 U.S.C. 

10 901(b)(2)(A)) is amended— 

11 (1) in clause (i), by striking ‘‘and the President 

12 subsequently so designates’’; and 

13 (2) in clause (ii), by striking ‘‘and the President 

14 subsequently so designates’’. 

Æ 


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