‘‘(1) use the website with any widely-used com-
puter platform; 
‘‘(2) search the website for all competitive 
grants by purpose, funding agency, program source, 
and other relevant criteria; and 
‘‘(3) apply for a competitive grant using the 
website. 
‘‘(d) TECHNICAL ASSISTANCE FOR GRANTEES.— 
‘‘(1) IN
GENERAL.—Each Executive agency 
shall make available on the grants website main-
tained under this section detailed grant guidance 
and written technical assistance for applicants. 
‘‘(2) GRANT
AWARD
PROCESS
INFORMATION 
POSTED.—With respect to each grant awarded by an 
Executive agency, the Executive agency shall, not 
later than 30 days after the date on which the grant 
is awarded, post on the grants website maintained 
under this section— 
‘‘(A) documentation explaining the basis 
for the selection decision for the grant, the 
number of proposals received for the grant, 
and, with respect to the proposal that resulted 
in the grant award, whether the grant was 
awarded consistent with a numerical ranking or 
other recommendations by grant reviewers; and 
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‘‘(B) in any case in which the award of the 
grant is not consistent with the numerical 
rankings or any other recommendations made 
by grant reviewers, a written justification ex-
plaining the rationale for the decision not to fol-
low the rankings or recommendations. 
‘‘(3) SENSITIVE INFORMATION.— 
‘‘(A) PERSONALLY IDENTIFIABLE INFOR-
MATION.—Each Executive agency may redact 
any personally identifiable information from a 
post on the grants website maintained under 
this section. 
‘‘(B) ADVERSE INFORMATION.—An Execu-
tive agency may not post on the grants website 
maintained under this section any sensitive in-
formation that the Executive agency determines 
would adversely affect an applicant. 
‘‘(e) SUBMISSION AND PUBLICATION OF GRANT SO-
LICITATION FORECAST ON THE GRANTS WEBSITE.— 
‘‘(1) REQUIREMENT.—Not later than November 
30 of each fiscal year or not later than 60 days after 
the date on which amounts are appropriated to an 
Executive agency for a fiscal year, whichever is later, 
the head of the Executive agency shall post a fore-
cast, in accordance with paragraph (2), of all non-
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emergency grant solicitations that the Executive 
agency expects to issue for the following calendar 
year, which— 
‘‘(A) shall be based on the best informa-
tion available; and 
‘‘(B) shall not be binding on the Executive 
agency. 
‘‘(2) MATTERS
INCLUDED.—The forecast re-
quired under paragraph (1) shall include, to the ex-
tent practicable, for each expected grant solicitation 
in a machine-readable format— 
‘‘(A) a brief description of the subject and 
purpose of the grant, organized by the organi-
zational unit of the Executive agency; 
‘‘(B) contact information for the organiza-
tional unit or individual responsible for the 
grant, if known, including name, telephone 
number, and electronic mail address; 
‘‘(C) the expected or actual dates for the 
issuance of the grant solicitation and applica-
tion and the grant application submission dead-
line; 
‘‘(D) the estimated amount of the average 
grant award, the estimated maximum and min-
imum amounts of the grant award, if applica-
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ble, and the estimated total number of grant 
awards to be made; and 
‘‘(E) a description of the total amount 
available to be awarded. 
‘‘(f) PUBLICATION OF INFORMATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), nothing in this section shall be construed 
to require the publication of information otherwise 
exempt from disclosure under section 552 of title 5 
(commonly referred to as the ‘Freedom of Informa-
tion Act’). 
‘‘(2) LIMITATION.—The exemption under sec-
tion 552(b)(5) of title 5 shall not exempt from publi-
cation predecisional documents required to be posted 
pursuant to the requirements under subsection 
(d)(2). 
‘‘(g) TRANSPARENCY OF INFORMATION.—To the ex-
tent practicable, the grants website maintained under this 
section shall— 
‘‘(1) make the information described in this sec-
tion available in its original format; 
‘‘(2) make the information described in this sec-
tion available without charge, license, or registration 
requirement; 
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‘‘(3) permit the information described in this 
section to be searched; 
‘‘(4) permit the information described in this 
section to be downloaded in bulk; 
‘‘(5) permit the information described in this 
section to be disseminated via automatic electronic 
means; 
‘‘(6) permit the information described in this 
section to be freely shared by the public, such as by 
social media; 
‘‘(7) use permanent uniform resource locators 
for the information described in this section; and 
‘‘(8) provide an opportunity for the public to 
provide input about the usefulness of the site and 
recommendations for improvements. 
‘‘§ 7404. Postdecision explanation for failed appli-
cants 
‘‘If requested by an applicant for a competitive grant, 
for each grant award made in an amount in excess of 
$100,000 pursuant to a merit-based selection procedure, 
an Executive agency shall provide the applicant with a 
timely direct interaction describing the basis for the award 
decision of the Executive agency, including, if applicable, 
the decision not to award a grant to the applicant. 
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‘‘§ 7405. Inspector General review of peer review 
process 
‘‘Not later than 18 months after the date of enact-
ment of the Transparency in Government Act of 2021, 
the Inspector General of each Executive agency that 
awards competitive grants shall conduct a review of the 
effectiveness of the conflicts of interest policy of the Exec-
utive agency, including a review of a random selection of 
peer review processes, with respect to the peer review proc-
ess for competitive grants in order to detect favoritism.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of subtitle V of title 31, United States 
Code, is amended by inserting after the item relating to 
chapter 73 the following: 
‘‘74. Grant transparency requirements .................................... 7401’’. 
(c) GRANTS WORKFORCE REPORT.— 
(1) DEFINITIONS.—In this subsection: 
(A) EXECUTIVE AGENCY.—The term ‘‘Ex-
ecutive agency’’ has the meaning given the term 
in section 105 of title 5, United States Code, 
except the term does not include the Govern-
ment Accountability Office. 
(B) FEDERAL GRANTS WORKFORCE.—The 
term ‘‘Federal grants workforce’’, with respect 
to an Executive agency, means all employees of 
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the Executive agency who spend some or all of 
their time engaged in— 
(i) grant planning, including pro-
grammatic activities; 
(ii) preparing grant solicitations, No-
tices of Funding Opportunity, Notices In-
viting Applications, or other requests for 
grant proposals; 
(iii) evaluating or reviewing grant ap-
plications, including serving on a peer re-
view board; 
(iv) monitoring or administering grant 
performance by grantees; 
(v) preparing the Notice of Award and 
negotiating terms and conditions; or 
(vi) post-award closeout activities, in-
cluding final technical and financial re-
ports. 
(2) REPORT.—Not later than 180 days after 
the date of enactment of this Act, the Comptroller 
General of the United States shall submit to the 
Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Over-
sight and Government Reform of the House of Rep-
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resentatives a report on the Federal grants work-
force, which shall address— 
(A) the size of the Federal grants work-
force and expected trends in Federal employ-
ment for the Federal grants workforce; 
(B) the adequacy of training opportunities 
for the Federal grants workforce; 
(C) whether the Federal Acquisition Insti-
tute or any other existing entity engaged in ac-
quisition workforce training should be made 
available for grant training; 
(D) whether a warrant system similar to 
that used in the Federal acquisition system 
should be established for Federal officials au-
thorized to award grants; 
(E) the use by Executive agencies of sus-
pension and debarment actions taken against 
grantees during the 3-year period preceding the 
date on which the report is submitted, and the 
level of agency resources assigned to the sus-
pension and debarment functions; and 
(F) any recommendations for improving 
the Federal grants workforce. 
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Subtitle B—Publication of 
Opinions of Office of Legal Counsel 
SEC. 611. SHORT TITLE. 
This subtitle may be cited as the ‘‘See UNdisclosed 
Legal Interpretations and Get Honest Transparency Act 
of 2021’’ or as the ‘‘SUNLIGHT Act of 2021’’. 
SEC. 612. SCHEDULE OF PUBLICATION FOR FINAL OLC 
OPINIONS. 
Each final opinion issued by the Office of Legal 
Counsel must be made publicly available 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; 
(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 
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(5) not later than 4 years after the date of en-
actment of this Act for all other opinions. 
SEC. 613. EXCEPTIONS AND LIMITATION ON PUBLIC AVAIL-
ABILITY OF FINAL OLC OPINIONS. 
(a) IN GENERAL.—A final OLC opinion or part 
thereof may be withheld only to the extent— 
(1) information contained in the opinion was— 
(A) specifically authorized to be kept se-
cret, under criteria established by an Executive 
order, in the interest of national defense or for-
eign policy; 
(B) in fact properly classified, including all 
procedural and marking requirements, pursuant 
to such Executive order; 
(C) the Attorney General determines that 
the national defense or foreign policy interests 
protected outweigh the public’s interest in ac-
cess to the information; and 
(D) has been put through declassification 
review within the past two years; 
(2) information contained in the opinion relates 
to the appointment of a specific individual not con-
firmed to Federal office; 
(3) information contained in the opinion is spe-
cifically exempted from disclosure by statute (other 
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than sections 552 and 552b of title 5, United States 
Code), provided that such statute— 
(A) requires that the material be withheld 
in such a manner as to leave no discretion on 
the issue; or 
(B) establishes particular criteria for with-
holding or refers to particular types of material 
to be withheld; 
(4) information in the opinion includes trade se-
crets and commercial or financial information ob-
tained from a person and privileged or confidential 
whose disclosure would likely cause substantial harm 
to the competitive position of the person from whom 
the information was obtained; 
(5) the President, in his or her sole and non-
delegable determination, formally and personally 
claims in writing that executive privilege prevents 
the release of the information and disclosure would 
cause specific identifiable harm to an interest pro-
tected by an exception or the disclosure is prohibited 
by law; or 
(6) information in the opinion includes per-
sonnel and medical files and similar files the disclo-
sure of which would constitute a clearly unwarranted 
invasion of personal privacy. 
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(b) DETERMINATION TO WITHHOLD.—Any deter-
mination under this section to withhold information con-
tained in a final OLC opinion must be made by the Attor-
ney General or a designee of the Attorney General. The 
determination shall be— 
(1) in writing; 
(2) made available to the public within the 
same timeframe as is required of a formal OLC 
opinion; 
(3) sufficiently detailed as to inform the public 
of what kind of information is being withheld and 
the reason therefore; and 
(4) effective only for a period of 3 years, sub-
ject to review and reissuance, with each reissuance 
made available to the public. 
(c) FINAL OPINIONS.—For final OLC opinions for 
which the text is withheld in full or in substantial part, 
a detailed unclassified summary of the opinion must be 
made available to the public, in the same timeframe as 
required of the final OLC opinion, that conveys the es-
sence of the opinion, including any interpretations of a 
statute, the Constitution, or other legal authority. A nota-
tion must be included in any published list of OLC opin-
ions regarding the extent of the withholdings. 
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(d) NO LIMITATION ON RELIEF.—A decision by the 
Attorney General to release or withhold information pur-
suant to this Act shall not preclude any action or relief 
conferred by statutory or regulatory regime that empowers 
any person to request or demand the release of informa-
tion. 
(e) REASONABLY SEGREGABLE PORTIONS OF OPIN-
IONS TO BE PUBLISHED.—Any reasonably segregable 
portion of an opinion shall be provided after withholding 
of the portions which are exempt under this subsection. 
The amount of information withheld, and the exemption 
under which the withholding is made, shall be indicated 
on the released portion of the opinion, unless including 
that indication would harm an interest protected by the 
exemption in this subsection under which the withholding 
is made. If technically feasible, the amount of the informa-
tion withheld, and the exemption under which the with-
holding is made, shall be indicated at the place in the opin-
ion where such withholding is made. 
SEC. 614. METHOD OF PUBLICATION. 
The Attorney General shall publish each final OLC 
opinion to the extent the law permits, including by pub-
lishing the opinions on a publically accessible website 
that— 
(1) with respect to each opinion— 
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(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; and 
(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 
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(4) is capable of being upgraded as necessary to 
carry out the purposes of this Act. 
SEC. 615. INDEX OF OPINIONS. 
(a) PUBLICATION OF INDEX.— 
(1) IN GENERAL.—The Office of Legal Counsel 
shall publish a complete list of final OLC opinions, 
arranged chronologically, within 90 days of the date 
of the enactment of this Act. 
(2) UPDATES
AND
REVISIONS.—The list of 
opinions shall be updated immediately every time an 
OLC opinion becomes final, and a revision to an 
opinion shall be listed as if it were a new opinion. 
(b) REQUIREMENTS FOR LIST.—Each list under sub-
section (a) shall comply with the following: 
(1) The list must be made available to the pub-
lic by publication on the website under section 614. 
(2) The list shall— 
(A) include, for each opinion— 
(i) the full name of the opinion; 
(ii) the date it was finalized or re-
vised; 
(iii) each author’s name; 
(iv) each recipient’s name; 
(v) a summary of the opinion; 
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(vi) a unique identifier assigned to 
each final or revised opinion; and 
(vii) whether an opinion has been 
withdrawn; and 
(B) be published in both human-readable 
and machine-readable formats. 
SEC. 616. PRIVATE RIGHT OF ACTION. 
On complaint, the district court of the United States 
in the district in which the complainant resides, or has 
his principal place of business, or in the District of Colum-
bia, has jurisdiction to enjoin the agency from withholding 
information contained in a final OLC opinion and to order 
the production of information improperly withheld from 
the complainant. In such a case the court shall determine 
the matter de novo, and may examine the contents of such 
OLC opinion in camera to determine whether such infor-
mation or any part thereof shall be withheld under any 
of the exemptions set forth in section 613, and the burden 
is on the agency to sustain its action. 
SEC. 617. SEVERABILITY. 
If any provision of this subtitle, any amendment 
made by this subtitle, or the application thereof to any 
person or circumstances is held invalid, the validity of the 
remainder of this subtitle, of any such amendments, and 
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of the application of such provisions to other persons and 
circumstances shall not be affected thereby. 
SEC. 618. DEFINITIONS. 
(a) OLC OPINION.—The term ‘‘OLC opinion’’ means 
views on a matter of legal interpretation communicated 
by the Office of Legal Counsel of the Department of Jus-
tice 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 accord-
ance with sections 511–513 of title 28, United States 
Code. Where the communication of the legal interpretation 
takes place verbally, a memorialization of that communica-
tion qualifies as an ‘‘OLC opinion’’. 
(b) FINAL OLC OPINION.—The term ‘‘final OLC 
opinion’’ means an OLC opinion that— 
(1) the Attorney General, Assistant Attorney 
General for OLC, or a Deputy Assistant General for 
OLC, has determined is final; 
(2) government officials or government contrac-
tors are relying on; 
(3) is relied upon to formulate legal guidance; 
or 
(4) is directly or indirectly cited in another Of-
fice of Legal Counsel opinion. 
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(c) REVISED OLC OPINION.—The term ‘‘revised 
OLC opinion’’ means an OLC opinion that is withdrawn, 
information is added to, or information is removed from. 
Subtitle C—Contempt of Congress 
Procedures and Enforcement 
SEC. 621. AVAILABILITY OF CIVIL ACTION TO ENFORCE 
HOUSE OF REPRESENTATIVES SUBPOENAS. 
(a) CIVIL ACTION.—The House of Representatives 
may in a civil action obtain any appropriate relief to en-
force compliance with a subpoena or order of the House, 
or to enforce compliance with a subpoena or order issued 
by a committee or subcommittee of the House authorized 
to issue a subpoena or order, if the House by resolution 
authorizes the commencement of that civil action. 
(b) REPRESENTATION BY GENERAL COUNSEL.—Un-
less the House otherwise provides, the Office of the Gen-
eral Counsel of the House of Representatives shall rep-
resent the House in the civil action. 
(c) PERSONAL JURISDICTION.—Personal jurisdiction 
of the court over a defendant in a civil action under this 
section extends outside the territorial jurisdiction of the 
court if the claim— 
(1) arose out of conduct by the defendant— 
(A) within that territorial jurisdiction, or 
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(B) causing any injury, including informa-
tional injury to the right of the House to make 
an investigation, within that territorial jurisdic-
tion; or 
(2) otherwise has a reasonable relationship to 
contacts of the defendant with the territorial juris-
diction. 
(d) ASSESSMENT OF COMPETING INTERESTS.— 
(1) IN GENERAL.—In any civil action brought 
under this section, if the court has determined that 
the information or material which is the subject of 
the subpoena or order involved is presumptively priv-
ileged based upon the President’s generalized inter-
est in confidentiality, the House may overcome this 
presumption by showing that— 
(A) the House, or a committee or sub-
committee thereof, has a specific need for the 
information or material in order to carry out its 
constitutional obligations; and 
(B) the information is not otherwise avail-
able. 
(2) ENFORCEMENT.— If the court determines 
that the House, or a committee or subcommittee 
thereof, has made the showing described in para-
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graph (1), it shall enforce the subpoena or order in-
volved. 
(e) EXPEDITION OF TRIAL AND APPELLATE PRO-
CEEDINGS.—The court shall hear and determine a civil ac-
tion under this section as expeditiously as possible, and 
to the maximum extent practicable during the Congress 
in which the action is commenced. Any appellate pro-
ceedings relating to such a civil action shall similarly be 
expedited to assure to the extent possible that the matter 
is fully resolved during the Congress in which the action 
was commenced. 
SEC. 622. ALTERNATE PROCEDURES FOR ENFORCEMENT 
OF CRIMINAL CONTEMPT OF CONGRESS. 
(a) ALTERNATE PROCEDURE.— 
(1) SCOPE OF APPLICATION.—If the House of 
Representatives finds a current or former officer or 
employee of the Executive branch has violated sec-
tion 102 of the Revised Statutes of the United 
States (2 U.S.C. 192) or that any person has vio-
lated such section at the direction of the President 
or another officer of the executive branch, the proce-
dures of this section apply. 
(2) CERTIFICATION BY SPEAKER.—In accord-
ance with section 104 of the Revised Statutes of the 
United States (2 U.S.C. 194), upon the finding by 
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the House of Representatives of a violation to which 
this section applies, the Speaker shall certify that 
finding to the appropriate United States attorney, 
whose duty it shall be to bring the matter before the 
grand jury for its action. 
(3) CIRCUMSTANCES
LEADING
TO
APPOINT-
MENT OF SPECIAL COUNSEL.—If— 
(A) the Attorney General or the United 
States attorney to whom the finding was cer-
tified informs the court or the House that the 
Department of Justice will not prosecute the 
case; or 
(B) by the end of the 30th day after the 
date of receipt of a certification made under 
paragraph (2) a grand jury has not returned an 
indictment based on the violation alleged in the 
certification; 
the Special Division established under subsection (b) 
(hereinafter in this Act referred to as the ‘‘Special 
Division’’) shall appoint a special counsel under sub-
section (c). It shall be the duty of the Attorney Gen-
eral to inform that court and the House if a grand 
jury does not return an indictment by the end of the 
30-day period. The Speaker of the House, or any in-
terested congressional party, may file with the Spe-
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100 
cial Division a suggestion that circumstances giving 
rise to a duty to appoint a special counsel have oc-
curred after the 30-day period ends without the re-
turn of an indictment. 
(b) SPECIAL DIVISION.— 
(1) ESTABLISHMENT.—There is hereby estab-
lished within the United States Court of Appeals for 
the District of Columbia a Special Division to carry 
out the appointment of special counsels under this 
section. 
(2) DESIGNATION.— 
(A) IN GENERAL.—The Chief Justice of 
the United States shall designate three judges 
or justices of the United States, one of whom 
shall be an active judge of the United States 
Court of Appeals for the District of Columbia, 
to serve on the Special Division, except that 
none of the judges or justices serving on the 
Special Division may serve or have served on 
the same court. 
(B) PRIORITY.—In designating judges and 
justices to serve on the Special Division, the 
Chief Justice shall give priority to senior circuit 
judges and retired justices of the United States 
Supreme Court. 
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101 
(C) DEADLINE.— The Chief Justice shall 
make the first such designation not later than 
45 days after the date of the enactment of this 
Act. 
(3) TERM OF SERVICE.—Each designation to 
the Special Division shall be for a term of 2 years, 
but the Chief Justice may fill any vacancy arising 
before the end of a term for the remainder of that 
term. 
(c) APPOINTMENT, QUALIFICATIONS, AND PROSECU-
TORIAL JURISDICTION OF SPECIAL COUNSEL, AND AD-
MINISTRATIVE MATTERS RELATING
TO
THE SPECIAL 
COUNSEL.— 
(1) 
APPOINTMENT, 
QUALIFICATIONS, 
AND 
PROSECUTORIAL JURISDICTION OF SPECIAL COUN-
SEL.— 
(A) 
APPOINTMENT
AND
QUALIFICA-
TIONS.—The Special Division shall appoint the 
special counsel, who must be an attorney in 
good standing with substantial prosecutorial ex-
perience— 
(i) who has not served in any capacity 
in the administration of the President who 
is or who was in office at the time the 
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102 
Speaker of the House certified the finding 
of a violation; and 
(ii) who is or who was not a Member, 
officer, or employee of Congress at the 
time the Speaker of the House certified the 
finding of a violation. 
(B) PROSECUTORIAL JURISDICTION.—The 
Special Division shall define the special coun-
sel’s prosecutorial jurisdiction as comprising the 
investigation and prosecution of the alleged vio-
lation, any conspiracy to commit the alleged 
violation, and any perjury, false statement, or 
obstruction of justice occurring in relation to 
such investigation and prosecution. 
(2) AUTHORITY
OF
SPECIAL
COUNSEL
WITH 
RESPECT TO MATTERS WITHIN PROSECUTORIAL JU-
RISDICTION.—With respect to all matters in that 
special counsel’s prosecutorial jurisdiction, a special 
counsel appointed under this section shall have full 
power and independent authority to exercise all pros-
ecutorial functions and powers, and any other func-
tions and powers normally ancillary thereto, of the 
Department of Justice, the Attorney General, and 
any other officer or employee of the Department of 
Justice, except that the Attorney General shall exer-
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103 
cise direction or control as to those matters that spe-
cifically require the Attorney General’s personal ac-
tion under section 2516 of title 18, United States 
Code. 
(3) COMPLIANCE WITH POLICIES OF THE DE-
PARTMENT OF JUSTICE.— 
(A) IN GENERAL.—A special counsel shall, 
except to the extent that to do so would be in-
consistent with the purposes of this section, 
comply with the written or other established 
policies of the Department of Justice respecting 
enforcement of the criminal laws. 
(B) NATIONAL SECURITY.—A special coun-
sel shall comply with guidelines and procedures 
used by the Department in the handling and 
use of classified material. 
(4) SALARY.—The special counsel shall receive 
a salary equivalent to the salary of the United 
States Attorney for the District of Columbia. 
(5) STAFF.—The special counsel may appoint 
and fix the salaries of such staff, not to exceed 12 
in number, as the special counsel deems necessary to 
carry out the functions of the special counsel under 
this section. However, no salary of a member of such 
staff may exceed the salary of the special counsel. 
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104 
(6) EXPENSES.—The Department of Justice 
shall pay all costs relating to the establishment and 
operation of any office of special counsel. The Attor-
ney General shall submit to the Congress, not later 
than 30 days after the end of each fiscal year, a re-
port on amounts paid during that fiscal year for ex-
penses of investigations and prosecutions the special 
counsel. 
(7) REPORT TO CONGRESS.—Each special coun-
sel shall report to Congress annually on the special 
counsel’s activities under this section. The report 
shall include a description of the progress of any in-
vestigation or prosecution conducted by the special 
counsel and provide information justifying the costs 
of the activities reported on. 
(d) REMOVAL OF SPECIAL COUNSEL.— 
(1) IN GENERAL.—A special counsel may be re-
moved from office, other than by impeachment and 
conviction, only by the personal action of the Attor-
ney General, and only for good cause, physical or 
mental disability, or any other condition that sub-
stantially impairs the performance of that special 
counsel’s duties. 
(2) REPORT
UPON
REMOVAL.—If a special 
counsel is removed from office, the Attorney General 
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105 
shall promptly submit to the Special Division and to 
Congress a report specifying the facts found and the 
ultimate grounds for the removal. 
(3) JUDICIAL REVIEW OF REMOVAL.—A special 
counsel removed from office may obtain judicial re-
view of the removal in a civil action. The Special Di-
vision may not hear or determine any appeal of a de-
cision in any such civil action. The special counsel 
may be reinstated or granted other appropriate relief 
by order of the court. 
(4) APPOINTMENT
OF
REPLACEMENT.—Upon 
removal of a special counsel, the Special Division 
shall appoint a similarly qualified individual to con-
tinue the functions of the special counsel. 
(e) TERMINATION OF SPECIAL COUNSEL’S AUTHOR-
ITY.— 
(1) IN GENERAL.—The authority of the special 
counsel shall cease 2 years after the date of the spe-
cial counsel’s appointment, but the Special Division 
may extend that authority for an additional period 
not to exceed one year, if the Special Division finds 
good cause to do so. Good cause to do so includes 
that the investigation or prosecution undertaken by 
the special counsel has been delayed by dilatory tac-
tics by persons who could provide evidence that 
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106 
would significantly assist the investigation or pros-
ecution, and also includes the need to allow the spe-
cial counsel to participate in any appellate pro-
ceedings related to prosecutions engaged in by the 
special counsel. 
(2) TERMINATION BY COURT.—The Special Di-
vision, either on the Special Division’s own motion 
or upon the request of the Attorney General, may 
terminate an office of special counsel at any time, on 
the ground that the investigation of all matters with-
in the prosecutorial jurisdiction of such special coun-
sel, and any resulting prosecutions, have been com-
pleted or so substantially completed that it would be 
appropriate for the Department of Justice to com-
plete such investigations and prosecutions. 
SEC. 623. INCREASE IN PENALTY FOR CONTEMPT OF CON-
GRESS. 
Section 102 of the Revised Statutes of the United 
States (2 U.S.C. 192) is amended by striking ‘‘deemed’’ 
and all that follows through ‘‘twelve months’’ and insert-
ing ‘‘fined not more than $1,000,000 or imprisoned not 
more than 2 years, or both’’. 
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107 
SEC. 624. AUTHORITY OF UNITED STATES CAPITOL POLICE 
TO ENFORCE CITATIONS. 
(a) AUTHORITY.—Section 9B(a) of the Act entitled 
‘‘An Act to define the area of the United States Capitol 
Grounds, to regulate the use thereof, and for other pur-
poses’’, approved July 31, 1946 (2 U.S.C. 1967(a)), is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(4); 
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(6) within any area, to enforce a citation 
issued with respect to a violation of section 102 of 
the Revised Statutes of the United States which re-
lates to the House of Representatives, or any cita-
tion issued with respect to a resolution adopted by 
the House citing a person for contempt of the 
House.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to citations issued 
on or after the expiration of the 90-day period which be-
gins on the date of the enactment of this Act. 
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108 
SEC. 625. COLLECTION OF PENALTIES IMPOSED BY THE 
HOUSE OF REPRESENTATIVES ON PERSONS 
CITED FOR CONTEMPT OF HOUSE. 
(a) CIVIL ACTION.—If the House of Representatives 
adopts a resolution citing a person for contempt of the 
House, the House may commence a civil action to collect 
a monetary penalty from the person if the House by subse-
quent resolution authorizes the commencement of that 
civil action. 
(b) REPRESENTATION BY GENERAL COUNSEL.—Un-
less the House otherwise provides, the Office of the Gen-
eral Counsel of the House of Representatives shall rep-
resent the House in the civil action. 
(c) PERSONAL JURISDICTION.—Personal jurisdiction 
of the court over a defendant in a civil action under this 
section extends outside the territorial jurisdiction of the 
court if the claim— 
(1) arose out of conduct by the defendant— 
(A) within that territorial jurisdiction; or 
(B) causing any injury, including informa-
tional injury to the right of the House to make 
an investigation, within that territorial jurisdic-
tion; or 
(2) otherwise has a reasonable relationship to 
contacts of the defendant with the territorial juris-
diction. 
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109 
(d) EXPEDITION OF TRIAL AND APPELLATE PRO-
CEEDINGS.—The court shall hear and determine a civil ac-
tion under this section as expeditiously as possible, and 
to the maximum extent practicable during the Congress 
in which the action is commenced. Any appellate pro-
ceedings relating to such a civil action shall similarly be 
expedited to assure to the extent possible that the matter 
is fully resolved during the Congress in which the action 
was commenced. 
SEC. 626. NO EFFECT OF EXPIRATION OF CONGRESS ON 
PENDING ACTIONS. 
Any civil action commenced by the House of Rep-
resentatives pursuant to this subtitle, and the authority 
of the Office of the General Counsel of the House of Rep-
resentatives with respect to the action, shall not be ren-
dered moot or otherwise affected as the result of the expi-
ration of the Congress in which the House commenced the 
action. 
TITLE 
VII—STRENGTHENING 
THE FREEDOM OF INFORMA-
TION ACT 
SEC. 701. AGENCY DEFINED. 
In this title, the term ‘‘agency’’ has the meaning 
given that term under section 551 of title 5, United States 
Code. 
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110 
SEC. 702. DIGITAL ACCESS TO COMPLETED RESPONSES TO 
THE FREEDOM OF INFORMATION ACT. 
(a) REQUIREMENT.— 
(1) DATABASE
OF
COMPLETED
FOIA
RE-
QUESTS.—Each agency shall make available all ma-
terials contained in the agency’s completed response 
to a request under section 552 of title 5, United 
States Code (in this section referred to as a ‘‘FOIA 
request’’), in a structured database or in a search-
able, sortable, downloadable, machine-readable data-
base not later than two months after the date on 
which the FOIA request was completed. 
(2) ELECTRONIC FORMAT.—All information is 
presumed to be available in an electronic format as 
described in paragraph (1) unless the agency dem-
onstrates that excessive cost would place an undue 
burden on the agency. 
(b) PUBLIC AVAILABILITY.—All information included 
in the agency’s completed response to a FOIA request 
shall be made available to the public electronically and 
without cost through each agency’s website. 
SEC. 703. FOIAONLINE FOR AGENCIES. 
Not later than 180 days after the date of the enact-
ment of this Act, the head of each agency shall use 
FOIAonline to log, track, and publish all requests received 
under section 552 of title 5, United States Code. 
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111 
SEC. 704. FREEDOM OF INFORMATION ACT AMENDMENTS. 
(a) JUDICIAL REVIEW
OF COMPLAINTS.—Section 
552(a)(4)(B) of title 5, United States Code, is amended 
by inserting after ‘‘withheld from the complainant’’ the 
following: ‘‘or the public’’. 
(b) PRESUMPTION OF OPENNESS.— 
(1) AMENDMENTS.—Section 552(b) of title 5, 
United States Code, is amended— 
(A) in paragraph (3)(B), by inserting 
‘‘with an explanation for the exemption’’ after 
‘‘specifically cites to this paragraph’’; 
(B) in paragraph (5), by inserting before 
the semicolon at the end the following: ‘‘and ex-
cluding— 
‘‘(A) opinions that are controlling interpre-
tations of law; 
‘‘(B) final reports or memoranda created 
by an entity other than the agency, including 
other Governmental entities, at the request of 
the agency and used to make a final policy deci-
sion; and 
‘‘(C) guidance documents used by the 
agency to respond to the public;’’; 
(C) in paragraph (6), by striking ‘‘similar 
files’’ and inserting ‘‘personal information such 
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112 
as contact information or financial informa-
tion’’; and 
(D) in the matter following paragraph 
(9)— 
(i) by inserting before ‘‘Any reason-
ably segregable portion’’ the following: ‘‘An 
agency may not withhold information 
under this subsection unless such agency 
reasonably foresees that disclosure would 
cause specific identifiable harm to an inter-
est protected by an exemption, or if disclo-
sure is prohibited by law.’’; and 
(ii) by inserting before ‘‘If technically 
feasible,’’ the following: ‘‘For each record 
withheld in whole or in part under para-
graph (3), the agency shall identify the 
statute that exempts the record from dis-
closure.’’. 
(2) EXEMPTION
DECISION
TRANSPARENCY.— 
Section 552(a)(6)(C)(i) of title 5, United States 
Code, is amended by striking the fourth sentence 
and inserting at the end the following: ‘‘Any notifi-
cation of denial or partial denial of any request for 
records under this subsection shall set forth each 
name and title or position of each person responsible 
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