II 

116TH CONGRESS 

1ST SESSION S. 2019 

To ensure Members of Congress have access to Federal facilities in order 

to exercise their Constitutional oversight responsibilities. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2019 

Mr. WYDEN (for himself, Mr. SANDERS, and Mr. VAN HOLLEN) introduced 

the following bill; which was read twice and referred to the Committee 

on Homeland Security and Governmental Affairs 

A BILL 

To ensure Members of Congress have access to Federal facilities in order to exercise their Constitutional oversight 

responsibilities. 

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. 

4 This Act may be cited as the ‘‘Restoring Oversight 

5 for Members of Congress Act’’. 

6 SEC. 2. RESTORING OVERSIGHT THROUGH ACCESS TO FED7 ERAL FACILITIES FOR MEMBERS. 

8 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘committee of jurisdiction’’, with 

2 respect to a Federal facility, means the committee of 

3 the Senate or the House of Representatives with ju4 risdiction of the activities carried out at the Federal 

5 facility; 

6 (2) the term ‘‘Federal facility’’— 

7 (A) means a facility, or portion of a facil8 ity, that is owned or controlled by the Federal 

9 Government; and 

10 (B) includes— 

11 (i) a facility, or portion of a facility, 

12 used by the Federal Government under a 

13 contract or lease; and 

14 (ii) a facility, or portion of a facility, 

15 at which operations are carried out under 

16 the authority of the Federal Government 

17 granted under a contract or other agree18 ment with the Federal Government; and 

19 (3) the term ‘‘Member of Congress’’— 

20 (A) has the meaning given that term under 

21 section 2106 of title 5, United States Code; and 

22 (B) does not include the Vice President. 

23 (b) ACCESS TO FACILITIES.—Subject to subsection 

24 (c)(4), the head of the agency that controls access to a 

25 Federal facility, or the manager of the Federal facility, 


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1 shall provide a Member of Congress seeking access to the 

2 Federal facility with immediate access to the Federal facil3 ity. 

4 (c) RESTRICTIONS OF ACCESS FOR NATIONAL SECU5 RITY REASONS.— 

6 (1) IN GENERAL.—If the head of an agency 

7 wishes to restrict the access of Members of Congress 

8 to a Federal facility for national security reasons, 

9 the head of the agency shall submit to the committee 

10 of jurisdiction of each House of Congress a report 

11 explaining the articulable national security damage 

12 that would result from providing access to the Fed13 eral facility to a Member of Congress. 

14 (2) NEGOTIATED PROTOCOLS.—If the head of 

15 an agency submits a report under paragraph (1) 

16 with respect to a Federal facility, the committees of 

17 jurisdiction shall seek to negotiate with the head of 

18 the agency protocols under which all Members of 

19 Congress may access the Federal facility. 

20 (3) REPORT SEEKING TO LIMIT ACCESS.—If the 

21 head of an agency determines that the agency does 

22 not believe protocols can be established under which 

23 all Members of Congress may access the Federal fa24 cility, the head of the agency shall submit to the 

25 committee of jurisdiction of each House of Congress 


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1 a report explaining the national security reasons 

2 that such protocols cannot be established. 

3 (4) LIMIT ON ACCESS.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), for a Federal facility with 

6 respect to which the head of an agency submits 

7 a report under paragraph (3), with the approval 

8 of the Chairman and Ranking Member of the 

9 committee of jurisdiction of each House of Con10 gress, access to the Federal facility may be lim11 ited for national security reasons to Members of 

12 Congress who are members of a committee of 

13 jurisdiction. 

14 (B) CERTAIN OVERSEAS FACILITIES.—For 

15 a Federal facility that is located outside the 

16 United States and presents exceptional physical 

17 security concerns with respect to which the 

18 head of an agency submits a report under para19 graph (3), with the approval of the Chairman 

20 and Ranking Member of the committee of juris21 diction of each House of Congress, the Federal 

22 facility may be restricted for national security 

23 reasons from all access by Members of Con24 gress. 

25 (5) ACCESS TO FACILITIES.— 


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1 (A) PROTOCOLS.—If the head of an agency 

2 and the committees of jurisdiction negotiate 

3 protocols under paragraph (2) with respect to a 

4 Federal facility, the head of the agency that 

5 controls access to a Federal facility, or the 

6 manager of the Federal facility, shall provide a 

7 Member of Congress seeking access to the Fed8 eral facility with immediate access to the Fed9 eral facility in accordance with such protocols. 

10 (B) DISAPPROVAL.—If the Chairman and 

11 Ranking Member of the committee of jurisdic12 tion of each House of Congress do not approve 

13 restricting access to a Federal facility under 

14 subparagraph (A) or (B) of paragraph (4), the 

15 head of the agency that controls access to a 

16 Federal facility, or the manager of the Federal 

17 facility, shall provide a Member of Congress 

18 seeking access to the Federal facility with im19 mediate access to the Federal facility in accord20 ance with subsection (b). 

21 (6) NONDELEGATION.—The duties and authori22 ties of the head of an agency under paragraphs (1) 

23 through (4) may not be delegated. 

24 (d) CONTRACTS.—The head of each agency shall en25 sure that any contract, lease, or other agreement with a 


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1 non-Federal individual or entity relating to a Federal facil2 ity that is entered into or modified after the date of enact3 ment of this Act includes a requirement to provide access 

4 to Members of Congress in accordance with this Act. 

5 (e) PENALTIES.—Any person who violates this Act, 

6 including the head of an agency, any officer or employee 

7 to whom duties under this Act are delegated, and any indi8 vidual or entity entering a contract or lease with the Fed9 eral Government relating to a Federal facility, shall be 

10 fined under title 18, United States Code, imprisoned for 

11 not more than 1 year, or both. 

12 (f) FINDINGS.—A Member of Congress may enter a 

13 statement into the Congressional Record detailing the 

14 findings of the Member of Congress based on accessing 

15 a Federal facility. 

Æ 


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