ability for which such budget authority was pro-
vided. 
‘‘(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 appropria-
tion shall be apportioned— 
‘‘(1) to make available all amounts for obliga-
tion in sufficient time to be prudently obligated; and 
‘‘(2) to make available all amounts for obliga-
tion, without precondition or limitation (including 
footnotes) that shall be met prior to obligation, not 
later than 90 days before the expiration of the pe-
riod of availability of such appropriation, including, 
if applicable, 90 days before the expiration of an ini-
tial period of availability for which such appropria-
tion 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 amend-
ed by adding after the item relating to section 1017 the 
following: 
‘‘1018. Prudent obligation of budget authority and specific requirements for ex-
piring budget authority.’’. 
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SEC. 102. STRENGTHENING CONGRESSIONAL REVIEW. 
(a) IN GENERAL.—The Impoundment Control Act of 
1974 (2 U.S.C. 681 et seq.), as amended by section 
101(a), is further amended by adding at the end the fol-
lowing: 
‘‘REPORTING 
‘‘SEC. 1019. (a) APPORTIONMENT OF APPROPRIA-
TIONS.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of this section, the Of-
fice of Management and Budget shall complete im-
plementation of an automated system to post each 
document apportioning an appropriation, pursuant 
to section 1513(b) of title 31, United States Code, 
including any associated footnotes, in a format that 
qualifies each such document as an Open Govern-
ment Data Asset (as defined in section 3502 of title 
44, United States Code), not later than 2 business 
days after the date of approval of such apportion-
ment, and shall place on such website each docu-
ment apportioning an appropriation, pursuant to 
such section 1513(b), including any associated foot-
notes, already approved for the fiscal year, and shall 
report the date of completion of such requirements 
to the Committees on the Budget and Appropria-
tions of the House of Representatives and Senate. 
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‘‘(2) EXPLANATORY STATEMENT.—Each docu-
ment apportioning an appropriation posted on a 
publicly accessible website under paragraph (1) shall 
also include a written explanation by the official ap-
proving each such apportionment (pursuant to sec-
tion 1513(b) of title 31, United States Code) of the 
rationale for the apportionment schedule and for any 
footnotes. 
‘‘(3) SPECIAL
PROCESS
FOR
TRANSMITTING 
CLASSIFIED DOCUMENTATION TO THE CONGRESS.— 
The Office of Management and Budget or the appli-
cable department or agency shall make available 
classified documentation relating to apportionment 
to appropriate congressional committees on a sched-
ule to be determined by each such committee. 
‘‘(4) DEPARTMENT
AND
AGENCY
REPORT.— 
Each department or agency shall notify the Commit-
tees on the Budget and Appropriations of the House 
of Representatives and the Senate and any other ap-
propriate 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 
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availability of an appropriation on further ac-
tion; or 
‘‘(C) an approved apportionment received 
by the department or agency may hinder the 
prudent obligation of such appropriation or the 
execution of a program, project, or activity by 
such department or agency, 
and such notification shall contain information iden-
tifying the bureau, account name, appropriation 
name, and Treasury Appropriation Fund Symbol or 
fund account. 
‘‘(b) APPROVING OFFICIALS.— 
‘‘(1) DELEGATION OF AUTHORITY.—Not later 
than 15 days after the date of enactment of this sec-
tion, any delegation of apportionment authority pur-
suant to section 1513(b) of title 31, United States 
Code that is in effect as of such date shall be sub-
mitted for publication in the Federal Register. Any 
delegation of such apportionment authority after the 
date of enactment of this section shall, on the date 
of such delegation, be submitted for publication in 
the Federal Register. The Office of Management 
and Budget shall publish such delegations in a for-
mat that qualifies such publications as an Open 
Government Data Asset (as defined in section 3502 
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of title 44, United States Code) on a public internet 
website, which shall be continuously updated with 
the position of each Federal officer or employee to 
whom apportionment authority has been delegated. 
‘‘(2) REPORT TO CONGRESS.—Not later than 5 
days after any change in the position of the approv-
ing official with respect to such delegated apportion-
ment authority for any account is made, the Office 
shall submit a report to the Congress explaining why 
such change was made.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Congressional Budget and Impoundment Control 
Act of 1974 set forth in section 1(b) of such Act, as 
amended by section 101(b), is further amended by adding 
after the item relating to section 1018 the following: 
‘‘1019. Reporting.’’. 
SEC. 103. UPDATED AUTHORITIES FOR AND REPORTING BY 
THE COMPTROLLER GENERAL. 
(a) Section 1015 of the Impoundment Control Act 
of 1974 (2 U.S.C. 686) is amended— 
(1) in subsection (a), in the matter following 
paragraph (2), by striking the last sentence; and 
(2) by adding at the end the following: 
‘‘(c) REVIEW.— 
‘‘(1) IN GENERAL.—The Comptroller General 
shall review compliance with this part and shall sub-
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mit to the Committees on the Budget, Appropria-
tions, and Oversight and Reform of the House of 
Representatives, the Committees on the Budget, Ap-
propriations, and Homeland Security and Govern-
mental Affairs of the Senate, and any other appro-
priate congressional committee of the House of Rep-
resentatives and Senate a report, and any relevant 
information related to the report, on any noncompli-
ance with this part. 
‘‘(2) INFORMATION, 
DOCUMENTATION, 
AND 
VIEWS.—The President or the head of the relevant 
department or agency of the United States shall pro-
vide information, documentation, and views to the 
Comptroller General, as is determined by the Comp-
troller General to be necessary to determine such 
compliance, not later than 20 days after the date on 
which the request from the Comptroller General is 
received, or if the Comptroller General determines 
that a shorter or longer period is appropriate based 
on the specific circumstances, within such shorter or 
longer period. 
‘‘(3) ACCESS.—To carry out the responsibilities 
of this part, the Comptroller General shall also have 
access to interview the officers, employees, contrac-
tors, and other agents and representatives of a de-
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partment, agency, or office of the United States at 
any reasonable time as the Comptroller General may 
request.’’. 
(b) Section 1001 of the Impoundment Control Act 
of 1974 (2 U.S.C. 681) is amended— 
(1) in paragraph (3), by striking the ‘‘or’’ at 
the end of the paragraph; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) affecting or limiting in any way the au-
thorities provided to the Comptroller General under 
chapter 7 of title 31, United States Code.’’. 
SEC. 104. ADVANCE CONGRESSIONAL NOTIFICATION AND 
LITIGATION. 
Section 1016 of the Impoundment Control Act of 
1974 (2 U.S.C. 687) is amended to read as follows: 
‘‘SUITS BY COMPTROLLER GENERAL 
‘‘SEC. 1016. If, under this chapter, budget authority 
is required to be made available for obligation and such 
budget authority is not made available for obligation or 
information, documentation, views, or access are required 
to be produced and such information, documentation, 
views, or access are not produced, the Comptroller General 
is expressly empowered, through attorneys of their own 
selection, to bring a civil action in the United States Dis-
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trict Court for the District of Columbia to require such 
budget authority to be made available for obligation or 
such information, documentation, views, or access to be 
produced, and such court is expressly empowered to enter 
in such civil action, against any department, agency, offi-
cer, or employee of the United States, any decree, judg-
ment, or order which may be necessary or appropriate to 
make such budget authority available for obligation or 
compel production of such information, documentation, 
views, or access. No civil action shall be brought by the 
Comptroller General to require budget authority be made 
available under this section until the expiration of 15 cal-
endar days following the date on which an explanatory 
statement by the Comptroller General of the cir-
cumstances 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 pe-
riod shall not be required if the Comptroller General finds 
(and incorporates the finding in the explanatory statement 
filed) that the delay would be contrary to the public inter-
est.’’. 
SEC. 105. PENALTIES FOR FAILURE TO COMPLY WITH THE 
IMPOUNDMENT CONTROL ACT OF 1974. 
(a) IN GENERAL.—The Impoundment Control Act of 
1974 (2 U.S.C. 681 et seq.), as amended by section 
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102(a), is further amended by adding at the end the fol-
lowing: 
‘‘PENALTIES FOR FAILURE TO COMPLY 
‘‘SEC. 1020. (a) ADMINISTRATIVE DISCIPLINE.—An 
officer or employee of the Executive Branch of the United 
States Government violating this part shall be subject to 
appropriate administrative discipline including, when cir-
cumstances warrant, suspension from duty without pay or 
removal from office. 
‘‘(b) REPORTING VIOLATIONS.— 
‘‘(1) IN GENERAL.—In the event of a violation 
of section 1001, 1012, 1013, or 1018 of this part, 
or in the case that the Government Accountability 
Office issues a legal decision concluding that a de-
partment, agency, or office of the United States vio-
lated this part, the President or the head of the rel-
evant 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 Comp-
troller General and the relevant inspector general on 
the same date the report is transmitted to the Con-
gress. 
‘‘(2) CONTENTS.—Any such report shall include 
a summary of the facts pertaining to the violation, 
the title and Treasury Appropriation Fund Symbol 
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of the appropriation or fund account, the amount in-
volved for each violation, the date on which the vio-
lation occurred, the position of any individuals re-
sponsible for the violation, a statement of the admin-
istrative discipline imposed and any further action 
taken with respect to any officer or employee in-
volved in the violation, and a statement of any addi-
tional action taken to prevent recurrence of the same 
type of violation. In the case that the Government 
Accountability Office issues a legal decision con-
cluding that a department, agency, or office of the 
United States violated this part and the relevant de-
partment, agency, or office does not agree that a 
violation has occurred, the report provided to Con-
gress, the Comptroller General, and relevant inspec-
tor general will explain its position. 
‘‘(3) OPPORTUNITY TO RESPOND.—If the report 
identifies the position of any officer or employee as 
involved in the violation, such officer or employee 
shall be provided a reasonable opportunity to re-
spond in writing, and any such response shall be ap-
pended to the report.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Congressional Budget and Impoundment Control 
Act of 1974 set forth in section 1(b) of such Act, as 
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amended by section 102(b), is further amended by adding 
after the item relating to section 1019 the following: 
‘‘1020. Penalties for failure to comply.’’. 
TITLE 
II—STRENGTHENING 
TRANSPARENCY 
AND 
RE-
PORTING 
Subtitle A—Funds Management 
and Reporting to the Congress 
SEC. 201. EXPIRED BALANCE REPORTING IN THE PRESI-
DENT’S BUDGET. 
Section 1105(a) of title 31, United States Code, is 
amended by adding at the end the following: 
‘‘(40) for the budgets for each of fiscal years 
2022 through 2026, a report on— 
‘‘(A) unobligated expired balances as of the 
beginning of the current fiscal year and the be-
ginning of each of the preceding 2 fiscal years 
by agency and the applicable Treasury Appro-
priation Fund Symbol or fund account; and 
‘‘(B) an explanation of expired balances in 
any Treasury Appropriation Fund Symbol or 
fund account that exceed the lesser of 5 percent 
of total appropriations made available for that 
account or $100,000,000.’’. 
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SEC. 202. CANCELLED BALANCE REPORTING IN THE PRESI-
DENT’S BUDGET. 
Section 1105(a) of title 31, United States Code, as 
amended by section 201, is further amended by adding 
at the end the following: 
‘‘(41) for the budgets for each of fiscal years 
2022 through 2026, a report on— 
‘‘(A) cancelled balances (pursuant to sec-
tion 1552(a)) for the preceding 3 fiscal years by 
agency and Treasury Appropriation Fund Sym-
bol or fund account; 
‘‘(B) an explanation of cancelled balances 
in any Treasury Appropriation Fund Symbol or 
fund account that exceed the lesser of 5 percent 
of total appropriations made available for that 
account or $100,000,000; and 
‘‘(C) a tabulation, by Treasury Appropria-
tion Fund Symbol or fund account and appro-
priation, of all balances of appropriations avail-
able for an indefinite period in an appropriation 
account available for an indefinite period that 
do not meet the criteria for closure under sec-
tion 1555, but for which either— 
‘‘(i) the head of the agency concerned 
or the President has determined that the 
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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 disburse-
ments in the current year.’’. 
SEC. 203. LAPSE IN APPROPRIATIONS REPORTING IN THE 
PRESIDENT’S BUDGET. 
Section 1105(a) of title 31, United States Code, as 
amended by section 202, is further amended by adding 
at the end the following: 
‘‘(42) a report on— 
‘‘(A) any obligation or expenditure made 
by a department or agency affected in whole or 
in part by any lapse in appropriations of 5 con-
secutive days or more during the preceding fis-
cal year; and 
‘‘(B)(i) with respect to any such obligation 
or expenditure, the amount so obligated or ex-
pended, the account affected, and an expla-
nation of which Antideficiency Act exceptions 
permitted the department or agency, as the 
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case may be, to incur such obligation or expend-
iture; and 
‘‘(ii) an explanation of any changes in the 
application of any Antideficiency Act exception 
for a program, project, or activity from any ex-
planations previously reported on pursuant to 
this paragraph.’’. 
SEC. 204. TRANSFER AND OTHER REPURPOSING AUTHOR-
ITY REPORTING IN THE PRESIDENT’S BUDG-
ET. 
Section 1105(a) of title 31, United States Code, as 
amended by section 203, is further amended by adding 
at the end the following: 
‘‘(43) for the budget for fiscal year 2022, a re-
port on— 
‘‘(A) any transfer authority or other au-
thority to repurpose appropriations provided in 
a law other than an appropriation act; and 
‘‘(B) with respect to any such authority, 
the citation to the statute, the list of depart-
ments or agencies covered, an explanation of 
when such authority may be used, and an ex-
planation on any use of such authority in the 
preceding 3 fiscal years.’’. 
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SEC. 205. AUTHORIZING CANCELLATIONS IN INDEFINITE 
ACCOUNTS BY APPROPRIATION. 
(a) IN GENERAL.—Subchapter IV of chapter 15 of 
title 31, United States Code, is amended by inserting after 
section 1555 the following: 
‘‘SEC. 1555a. CANCELLATION OF APPROPRIATIONS AVAIL-
ABLE FOR INDEFINITE PERIODS WITHIN AN 
ACCOUNT. 
‘‘Any remaining balance (whether obligated or unobli-
gated) from an appropriation available for an indefinite 
period in an appropriation account available for an indefi-
nite 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 pur-
pose, 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: 
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‘‘1555a. Cancellation of appropriations available for indefinite periods within an 
account.’’. 
Subtitle B—Empowering Congres-
sional Review Through Non-
partisan Congressional Agencies 
and Transparency Initiatives 
SEC. 211. REQUIREMENT TO RESPOND TO REQUESTS FOR 
INFORMATION FROM THE GOVERNMENT AC-
COUNTABILITY OFFICE FOR BUDGET AND AP-
PROPRIATIONS LAW DECISIONS. 
(a) IN GENERAL.—Subchapter II of chapter 7 of title 
31, United States Code, is amended by adding at the end 
the following: 
‘‘SEC. 722. REQUIREMENT TO RESPOND TO REQUESTS FOR 
INFORMATION FROM THE GOVERNMENT AC-
COUNTABILITY OFFICE FOR BUDGET AND AP-
PROPRIATIONS LAW DECISIONS. 
‘‘(a) If an executive agency or the District of Colum-
bia government receives a written request for information, 
documentation, or views from the Government Account-
ability Office relating to a decision or opinion on budget 
or appropriations law, the executive agency or the District 
of Columbia government shall provide the requested infor-
mation, documentation, or views not later than 20 days 
after receiving the written request, unless such written re-
quest specifically provides otherwise. 
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‘‘(b) If an executive agency or the District of Colum-
bia government fails to respond to the request for informa-
tion, documentation, or views within the time required by 
this section— 
‘‘(1) the Comptroller General shall notify, in 
writing, the Committee on Oversight and Reform of 
the House of Representatives, Committee on Home-
land Security and Governmental Affairs of the Sen-
ate, and any other appropriate congressional com-
mittee of the House of Representatives and the Sen-
ate of such failure; and 
‘‘(2) the Comptroller General is hereby ex-
pressly empowered, through attorneys of their own 
selection, to bring a civil action in the United States 
District Court for the District of Columbia to re-
quire such information, documentation, or views to 
be produced, and such court is expressly empowered 
to enter in such civil action, against any department, 
agency, officer, or employee of the United States, 
any decree, judgment, or order which may be nec-
essary or appropriate to require such production. 
‘‘(c) Nothing in this section shall be construed as af-
fecting or otherwise limiting the authorities provided to 
the Comptroller General in section 716 of this title.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter II of chapter 7 of title 31, United States 
Code, is amended by inserting after the item relating to 
section 721 the following: 
‘‘722. Requirement to respond to requests for information from the Government 
Accountability Office for budget and appropriations law deci-
sions.’’. 
SEC. 212. REPORTING REQUIREMENTS FOR ANTIDEFICIEN-
CY ACT VIOLATIONS. 
(a) VIOLATIONS OF SECTION 1341 OR 1342.—Sec-
tion 1351 of title 31, United States Code, is amended— 
(1) by striking ‘‘If’’ and inserting ‘‘(a) If the 
Government Accountability Office, an executive 
agency, or the District of Columbia government de-
termines that’’; and 
(2) by adding at the end the following: 
‘‘(b) Any such report shall include a summary of the 
facts pertaining to the violation, the title and Treasury 
Appropriation Fund Symbol of the appropriation or fund 
account, the amount involved for each violation, the date 
on which the violation occurred, the position of any officer 
or employee responsible for the violation, a statement of 
the administrative discipline imposed and any further ac-
tion 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 
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knowing and willful that has been made by the executive 
agency or District of Columbia government, and any writ-
ten response by any officer or employee identified by posi-
tion as involved in the violation. In the case that the Gov-
ernment Accountability Office issues a legal decision con-
cluding that section 1341(a) or 1342 was violated and the 
executive agency or District of Columbia government, as 
applicable, does not agree that a violation has occurred, 
the report provided to the President, the Congress, and 
the Comptroller General will explain its position.’’. 
(b) VIOLATIONS OF SECTION 1517.—Section 1517 of 
title 31, United States Code, is amended— 
(1) in subsection (b), by striking ‘‘If’’ and in-
serting ‘‘If the Government Accountability Office, an 
executive agency, or the District of Columbia gov-
ernment determines that’’; and 
(2) by adding at the end the following: 
‘‘(c) Any such report shall include a summary of the 
facts pertaining to the violation, the title and Treasury 
Appropriation Fund Symbol of the appropriation or fund 
account, the amount involved for each violation, the date 
on which the violation occurred, the position of any officer 
or employee responsible for the violation, a statement of 
the administrative discipline imposed and any further ac-
tion taken with respect to any officer or employee involved 
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in the violation, a statement of any additional action taken 
to prevent recurrence of the same type of violation, a 
statement of any determination that the violation was not 
knowing and willful that has been made by the executive 
agency or District of Columbia government, and any writ-
ten response by any officer or employee identified by posi-
tion as involved in the violation. In the case that the Gov-
ernment Accountability Office issues a legal decision con-
cluding that subsection (a) was violated and the executive 
agency or District of Columbia government, as applicable, 
does not agree that a violation has occurred, the report 
provided to the President, the Congress, and the Comp-
troller General will explain its position.’’. 
SEC. 213. DEPARTMENT OF JUSTICE REPORTING TO CON-
GRESS FOR ANTIDEFICIENCY ACT VIOLA-
TIONS. 
(a) VIOLATIONS OF SECTIONS 1341 OR 1342.—Sec-
tion 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 Co-
lumbia government reports, under section 1351, a viola-
tion of section 1341(a) or 1342, the Attorney General 
shall promptly review such report and investigate to the 
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extent necessary to determine whether there are reason-
able grounds to believe that the responsible officer or em-
ployee knowingly and willfully violated such section 
1341(a) or 1342, as applicable. If the Attorney General 
determines that there are such reasonable grounds, the 
Attorney General diligently shall investigate a criminal 
violation under this section. 
‘‘(2) The Attorney General shall submit to Congress 
and the Comptroller General on or before March 31 of 
each calendar year an annual report detailing separately 
for each executive agency and the District of Columbia 
government— 
‘‘(A) the number of reports under section 1351 
transmitted to the President during the preceding 
calendar year; 
‘‘(B) the number of reports reviewed in accord-
ance with paragraph (1) during the preceding cal-
endar year; 
‘‘(C) without identification of any individual of-
ficer or employee of the United States Government 
or of the District of Columbia government, a de-
scription of each investigation undertaken in accord-
ance with paragraph (1) during the preceding cal-
endar year and an explanation of the status of any 
such investigation; and 
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‘‘(D) without identification of any individual of-
ficer or employee of the United States Government 
or of the District of Columbia government, an expla-
nation of any update to the status of any review or 
investigation previously reported pursuant to this 
subsection.’’. 
(b) VIOLATIONS OF SECTION 1517.—Section 1519 of 
title 31, United States Code, is amended— 
(1) by striking ‘‘An officer’’ and inserting ‘‘(a) 
An officer’’; and 
(2) by adding at the end the following: 
‘‘(b)(1) If an executive agency or the District of Co-
lumbia government reports, under section 1517(b), a vio-
lation 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 rea-
sonable grounds, the Attorney General diligently shall in-
vestigate 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 
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SEC. 214. PUBLICATION OF BUDGET OR APPROPRIATIONS 
LAW OPINIONS OF THE DEPARTMENT OF JUS-
TICE OFFICE OF LEGAL COUNSEL. 
(a) SCHEDULE OF PUBLICATION FOR FINAL OLC 
OPINIONS.—Each final opinion issued by the Office of 
Legal Counsel of the Department of Justice relating to 
section 1301(a), 1341, 1342, 1501, 1502, 1512, 1513, 
1515, 1517, or 3302(b) of title 31, United States Code, 
any provision of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the Federal Credit Reform 
Act of 1990, the Impoundment Control Act of 1974, an 
appropriation Act, continuing resolution, or another provi-
sion of law providing or governing appropriations or budg-
et authority shall be made available on its public website 
in a manner that is searchable, sortable, and downloadable 
in its entirety as soon as is practicable, but— 
(1) not later than 30 days after the opinion is 
issued or updated if such action takes place on or 
after the date of enactment of this Act; 
(2) not later than 1 year after the date of en-
actment of this Act for an opinion issued on or after 
January 20, 1993; 
(3) not later than 2 years after the date of en-
actment of this Act for an opinion issued on or after 
January 20, 1981, and before or on January 19, 
1993; 
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(4) not later than 3 years after the date of en-
actment 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 en-
actment 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 Ex-
ecutive order, in the interest of national 
defense or foreign policy; 
(ii) properly classified, including all 
procedural and marking requirements, pur-
suant 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 re-
view within the past two years; 
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(B) information contained in the opinion 
relates to the appointment of a specific indi-
vidual 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 with-
held in such a manner as to leave no dis-
cretion 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 infor-
mation obtained from a person and privileged 
or confidential whose disclosure would likely 
cause substantial harm to the competitive posi-
tion of the person from whom the information 
was obtained; 
(E) the President, in his or her sole and 
nondelegable determination, formally and per-
sonally claims in writing that executive privilege 
prevents the release of the information and dis-
closure would cause specific identifiable harm to 
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an interest protected by an exception or the dis-
closure 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 de-
termination under this subsection to withhold infor-
mation 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 substan-
tial part, a detailed unclassified summary of the 
opinion shall be made available to the public, in the 
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same timeframe as required of the final OLC opin-
ion, that conveys the essence of the opinion, includ-
ing any interpretations of a statute, the Constitu-
tion, or other legal authority. A notation shall be in-
cluded in any published list of OLC opinions regard-
ing the extent of the withholdings. 
(4) NO LIMITATION ON FREEDOM OF INFORMA-
TION.—Nothing in this subsection shall be construed 
as limiting the availability of information under sec-
tion 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 informa-
tion pursuant to this Act shall not preclude any ac-
tion or relief conferred by statutory or regulatory re-
gime that empowers any person to request or de-
mand the release of information. 
(6) REASONABLY
SEGREGABLE
PORTIONS
OF 
OPINIONS TO BE PUBLISHED.—Any reasonably seg-
regable 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 
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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 with-
holding is made, shall be indicated at the place in 
the opinion where such withholding is made. 
(c) METHOD OF PUBLICATION.—The Attorney Gen-
eral 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 opin-
ion, including any transmittal letter associated 
with the opinion, in an open format that is plat-
form independent and that is available to the 
public without restrictions; 
(B) provides the public the ability to re-
trieve 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; 
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(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 access-
ing the opinion electronically; 
(2) includes a means for bulk download of all 
OLC opinions or a selection of opinions retrieved 
using a text-based search; 
(3) provides free access to the opinions, and 
does not charge a fee, require registration, or impose 
any other limitation in exchange for access to the 
website; and 
(4) is capable of being upgraded as necessary to 
carry out the purposes of this section. 
(d) DEFINITIONS.—In this section: 
(1) OLC OPINION.—The term ‘‘OLC opinion’’ 
means views on a matter of legal interpretation com-
municated by the Office of Legal Counsel of the De-
partment 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 sec-
tions 511–513 of title 28, United States Code. 
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Where the communication of the legal interpretation 
takes place verbally, a memorialization of that com-
munication qualifies as an ‘‘OLC opinion’’. 
(2) FINAL
OLC
OPINION.—The term ‘‘final 
OLC opinion’’ means an OLC opinion that— 
(A) the Attorney General, Assistant Attor-
ney General for the Office of Legal Counsel, or 
a Deputy Assistant General for the Office of 
Legal Counsel, has determined is final; 
(B) government officials or government 
contractors are relying on or have relied on; 
(C) is or has been relied upon to formulate 
legal guidance; or 
(D) is cited in another Office of Legal 
Counsel opinion. 
TITLE 
III—STRENGTHENING 
CONGRESSIONAL 
ROLE 
IN 
AND OVERSIGHT OF EMER-
GENCY DECLARATIONS AND 
DESIGNATIONS 
SEC. 301. IMPROVING CHECKS AND BALANCES ON THE USE 
OF THE NATIONAL EMERGENCIES ACT. 
(a) REQUIREMENTS RELATING
TO DECLARATION 
AND RENEWAL OF NATIONAL EMERGENCIES.—Title II of 
the National Emergencies Act (50 U.S.C. 1621 et seq.) 
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is amended by striking sections 201 and 202 and inserting 
the following: 
‘‘SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES. 
‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER-
GENCIES.—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 au-
thorized to declare such a national emergency by procla-
mation. Such proclamation shall immediately be trans-
mitted to Congress and published in the Federal Register. 
‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE 
EXERCISED AND REPORTING.—No powers or authorities 
made available by statute for use during the period of a 
national emergency shall be exercised unless and until the 
President specifies the provisions of law under which the 
President proposes that the President or other officers will 
act in— 
‘‘(1) a proclamation declaring a national emer-
gency 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.— 
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‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint 
resolution of approval is not enacted under section 
203 with respect to a national emergency before the 
expiration of the 30 calendar day period described in 
section 202(a), or with respect to a national emer-
gency 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 subse-
quent national emergency under subsection (a) with 
respect to the same circumstances. 
‘‘(2) EXERCISE OF AUTHORITIES.—If a joint 
resolution of approval is not enacted under section 
203 with respect to a power or authority specified by 
the President in a proclamation under subsection (a) 
or an Executive order under subsection (b)(2) with 
respect to a national emergency, the President may 
not, during the remainder of the term of office of 
that President, exercise that power or authority with 
respect to that emergency. 
‘‘(d) EFFECT OF FUTURE LAWS.—No law enacted 
after the date of the enactment of the Congressional 
Power of the Purse Act shall supersede this title unless 
it does so in specific terms, referring to this title, and de-
claring that the new law supersedes the provisions of this 
title. 
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‘‘SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMER-
GENCIES. 
‘‘(a) TEMPORARY EFFECTIVE PERIODS.— 
‘‘(1) IN
GENERAL.—Unless previously termi-
nated pursuant to Presidential order or Act of Con-
gress, a declaration of a national emergency shall re-
main in effect for 30 calendar days (excluding Sat-
urday, Sunday, and legal holidays) from the issuance 
of the proclamation under section 201(a) (not count-
ing the day on which the proclamation was issued) 
and shall terminate when that 30-day period expires 
unless there is enacted into law a joint resolution of 
approval under section 203 with respect to the proc-
lamation. 
‘‘(2) EXERCISE
OF
POWERS
AND
AUTHORI-
TIES.—Unless the declaration of national emergency 
has been terminated pursuant to Presidential order 
or Act of Congress, any emergency power or author-
ity made available under a provision of law specified 
pursuant to section 201(b) may be exercised pursu-
ant to a declaration of a national emergency for 30 
calendar days (excluding Saturday, Sunday, and 
legal holidays) from the issuance of the proclamation 
or Executive order (not counting the day on which 
such proclamation or Executive order was issued). 
That power or authority may not be exercised after 
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purpose for which such amounts were ap-
propriated; and 
‘‘(iii) any contracts entered into under 
any provision of law relating to the emer-
gency shall be terminated. 
‘‘(B) SAVINGS
PROVISION.—The termi-
nation of a national emergency shall not af-
fect— 
‘‘(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 pro-
ceeding based on any act committed prior 
to that date; or 
‘‘(iii) any rights or duties that ma-
tured or penalties that were incurred prior 
to that date. 
‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER-
GENCIES. 
‘‘(a) JOINT RESOLUTION OF APPROVAL DEFINED.— 
In this section, the term ‘joint resolution of approval’ 
means a joint resolution that does not have a preamble 
and that contains only the following provisions after its 
resolving clause: 
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‘‘(1) A provision approving one or more— 
‘‘(A) proclamations of national emergency 
made under section 201(a); 
‘‘(B) Executive orders issued under section 
201(b)(2); or 
‘‘(C) Executive orders issued under section 
202(b). 
‘‘(2) A provision approving a list of all or a por-
tion of the provisions of law specified by the Presi-
dent under section 201(b) in the proclamations or 
Executive orders that are the subject of the joint 
resolution. 
‘‘(b) PROCEDURES FOR CONSIDERATION OF JOINT 
RESOLUTIONS OF APPROVAL.— 
‘‘(1) 
INTRODUCTION.—After 
the 
President 
transmits to Congress a proclamation declaring a 
national emergency under section 201(a), or an Ex-
ecutive order specifying emergency powers or au-
thorities under section 201(b)(2) or renewing a na-
tional emergency under section 202(b), a joint reso-
lution of approval may be introduced in either House 
of Congress by any member of that House. 
‘‘(2) REQUESTS TO CONVENE CONGRESS DUR-
ING RECESSES.—If, when the President transmits to 
Congress a proclamation declaring a national emer-
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gency under section 201(a), or an Executive order 
specifying emergency powers or authorities under 
section 201(b)(2) or renewing a national emergency 
under section 202(b), Congress has adjourned sine 
die or has adjourned for any period in excess of 3 
calendar days, the Speaker or their designee, after 
consultation with the minority leader of the House, 
shall notify the Members of the House to reassemble 
at such place and time as they may designate if, in 
their opinion, the public interest shall warrant it, 
and the majority leader of the Senate or their des-
ignee, after concurrence with the minority leader of 
the Senate, shall notify the Members of the Senate 
to reassemble at such place and time as they may 
designate if, in their opinion, the public interest 
shall warrant it. 
‘‘(3) COMMITTEE REFERRAL IN THE SENATE.— 
In the Senate, a joint resolution of approval shall be 
referred to the appropriate committee. 
‘‘(4) CONSIDERATION IN SENATE.—In the Sen-
ate, the following shall apply: 
‘‘(A) REPORTING AND DISCHARGE.—If the 
committee to which a joint resolution of ap-
proval has been referred has not reported it at 
the end of 10 calendar days after its introduc-
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tion, that committee shall be discharged from 
further consideration of the resolution and it 
shall be placed on the Calendar of Business. 
‘‘(B) PROCEEDING TO CONSIDERATION.— 
Notwithstanding Rule XXII of the Standing 
Rules of the Senate, when the committee to 
which a joint resolution of approval is referred 
has reported the resolution, or when that com-
mittee is discharged under subparagraph (A) 
from further consideration of the resolution, it 
is at any time thereafter in order to move to 
proceed to the consideration of the joint resolu-
tion, and all points of order against the joint 
resolution (and against the motion to proceed to 
the consideration of the joint resolution) are 
waived. The motion to proceed shall be debat-
able for 4 hours evenly divided between a pro-
ponent and an opponent of the joint resolution 
of approval. The motion is not subject to 
amendment, or to a motion to postpone, or to 
a motion to proceed to the consideration of 
other business. A motion to reconsider the vote 
by which the motion is agreed to or disagreed 
to shall not be in order. If a motion to proceed 
to the consideration of a joint resolution of ap-
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proval is agreed to, the joint resolution shall re-
main the unfinished business of the Senate 
until disposed of. 
‘‘(C) FLOOR CONSIDERATION.—There shall 
be 10 hours of consideration on a joint resolu-
tion of approval, to be divided evenly between 
the proponents and opponents of the joint reso-
lution. There shall be a total of 2 hours of de-
bate on any debatable motions in connection 
with the joint resolution, to be divided evenly 
between the proponents and opponents of the 
joint resolution. 
‘‘(D) 
AMENDMENTS.—No 
amendments 
shall be in order with respect to a joint resolu-
tion of approval in the Senate. 
‘‘(E) MOTION TO RECONSIDER VOTE ON 
PASSAGE.—A motion to reconsider a vote on 
passage of a joint resolution of approval shall 
not be in order. 
‘‘(F) APPEALS.—Points of order and ap-
peals from the decision of the Presiding Officer, 
shall be decided without debate. 
‘‘(5) CONSIDERATION
IN
HOUSE
OF
REP-
RESENTATIVES.—In the House of Representatives, 
the following shall apply: 
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‘‘(A) REPORTING AND DISCHARGE.—If any 
committee to which a joint resolution of ap-
proval has been referred has not reported it to 
the House at the end of 10 calendar days after 
its introduction, such committee shall be dis-
charged from further consideration of the joint 
resolution. 
‘‘(B) PROCEEDING TO CONSIDERATION.— 
After each committee to which a joint resolu-
tion of approval has been referred reports it to 
the House or has been discharged from further 
consideration thereof, it shall be in order to 
move to proceed to consider the joint resolution 
of approval in the House. All points of order 
against the motion are waived. Such a motion 
shall not be in order after the House has dis-
posed of a motion to proceed on the joint reso-
lution of approval. The previous question shall 
be considered as ordered on the motion to its 
adoption without intervening motion. The mo-
tion shall not be debatable. A motion to recon-
sider the vote by which the motion is disposed 
of shall not be in order. 
‘‘(C) CONSIDERATION.—The joint resolu-
tion of approval shall be considered as read. All 
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points of order against the resolution and 
against its consideration are waived. The pre-
vious question shall be considered as ordered on 
the resolution to final passage without inter-
vening motion except two hours of debate even-
ly divided and controlled by the sponsor of the 
resolution (or a designee) and an opponent. A 
motion to reconsider the vote on passage of the 
qualifying legislation shall not be in order. 
‘‘(D) 
AMENDMENTS.—No 
amendments 
shall be in order with respect to a joint resolu-
tion of approval in the House. 
‘‘(6) COORDINATION WITH ACTION BY OTHER 
HOUSE.— 
‘‘(A) IN GENERAL.—If, before the passage 
by one House of a joint resolution of approval 
of that House, that House receives from the 
other House a joint resolution of approval with 
regard to the same proclamation described in 
section 201(a), then the following procedures 
shall apply: 
‘‘(i) The joint resolution of the other 
House shall not be referred to a com-
mittee. 
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that chamber; that the joint resolution 
as amended be read a third time and 
engrossed, that the chamber pass the 
joint resolution as amended, and that 
the motion to reconsider be considered 
made and laid upon the table. Such a 
motion shall be disposed of without 
intervening action or debate. 
‘‘(B) TREATMENT
OF
LEGISLATION
OF 
OTHER HOUSE.—If one House fails to intro-
duce, consider, or enact a joint resolution of ap-
proval under this section, the joint resolution of 
approval of the other House shall be entitled to 
expedited floor procedures under this section. 
‘‘(C) SPECIAL RULE FOR REVENUE MEAS-
URES.—In the case of a joint resolution of ap-
proval which is a revenue measure: 
‘‘(i) The provisions of subparagraphs 
(A) and (B) shall not apply in the House 
of Representatives. 
‘‘(ii) The provisions of subparagraph 
(A) shall apply in the Senate to such joint 
resolution of approval which is a revenue 
measure even if the Senate has previously 
passed a joint resolution of approval with 
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regard to the same proclamation described 
in section 201(a). 
‘‘(7) RESOLUTION OF DIFFERENCES BETWEEN 
THE HOUSES.—In the case of a difference between 
the two Houses of Congress with respect to the text 
of a joint resolution of approval passed by both 
Houses: 
‘‘(A) HOUSE.—Debate in the House of 
Representative on amendments between the 
Houses (or a conference report) on such resolu-
tion of approval, including a motion to concur 
with an amendment, shall be limited to not 
more than 1 hour, which shall be divided evenly 
between a proponent and an opponent. A mo-
tion to further limit debate is not debatable. It 
is not in order to move to reconsider the vote 
by which the message or conference report is 
agreed to or disagreed to. 
‘‘(B) SENATE.—During the consideration 
in the Senate of a message between the Houses 
(or a conference report) on such resolution of 
approval and all amendments thereto, and de-
batable motions in connection therewith, consid-
eration shall be limited to 10 hours, to be even-
ly divided between, and controlled by, the ma-
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jority leader and minority leader or their des-
ignees. Consideration of any debatable motion 
related to the message between Houses (or con-
ference report), including a motion to concur 
with an amendment, shall be limited to 1 hour, 
to be evenly divided between, and controlled by, 
the mover and the manager of a message be-
tween Houses (or conference report). Points of 
order and appeals shall be decided without de-
bate. 
‘‘(C) LIMITATION
ON
AMENDMENTS
BE-
TWEEN THE HOUSES.— 
‘‘(i) 
PROHIBITION
ON
AMEND-
MENTS.—No amendments shall be in 
order. 
‘‘(ii) AMENDMENTS
TO
STRIKE
OR 
ADD
SPECIFIED
PROVISIONS
OF
LAW.— 
Clause (i) shall not apply with respect to 
any amendment— 
‘‘(I) to add or remove one or 
more proclamations of national emer-
gency made under section 201(a), Ex-
ecutive orders issued under section 
201(b)(2), or Executive orders issued 
under section 202(b); or 
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‘‘(II) to strike a provision or pro-
visions of law from the list required 
by subsection (a)(2); or 
‘‘(III) to add to that list a provi-
sion or provisions of law specified by 
the President under section 201(b) in 
the proclamations or Executive orders 
that are the subject of the joint reso-
lution of approval. 
‘‘(8) TREATMENT OF VETO MESSAGE.—Debate 
on a veto message in the Senate under this section 
shall be 1 hour evenly divided between the majority 
and minority leaders or their designees. 
‘‘(c) RULE OF CONSTRUCTION.—The enactment of a 
joint resolution of approval under this section shall not 
be interpreted to serve as a grant or modification by Con-
gress of statutory authority for the emergency powers of 
the President. 
‘‘(d) RULES OF THE HOUSE AND SENATE.—This sec-
tion is enacted by Congress— 
‘‘(1) as an exercise of the rulemaking power of 
the Senate and the House of Representatives, re-
spectively, 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 
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in the case of joint resolutions described in this sec-
tion, and supersedes other rules only to the extent 
that it is inconsistent with such other rules; and 
‘‘(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner, and to the same extent as in 
the case of any other rule of that House. 
‘‘SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMER-
GENCIES INVOKING INTERNATIONAL EMER-
GENCY ECONOMIC POWERS ACT. 
‘‘(a) IN GENERAL.—In the case of a national emer-
gency described in subsection (b), the provisions of the 
National Emergencies Act, as in effect on the day before 
the date of the enactment of the Congressional Power of 
the Purse Act, shall continue to apply on and after such 
date of enactment. 
‘‘(b) NATIONAL EMERGENCY DESCRIBED.— 
‘‘(1) IN GENERAL.—A national emergency de-
scribed in this subsection is a national emergency 
pursuant to which the President proposes to exercise 
emergency powers or authorities made available 
under the International Emergency Economic Pow-
ers Act (50 U.S.C. 1701 et seq.), supplemented as 
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