I 118th CONGRESS 2d Session H. R. 8597 IN THE HOUSE OF REPRESENTATIVES June 3, 2024 Mr. Quigley (for himself and Ms. Norton ) introduced the following bill; which was referred to the Committee on Oversight and Accountability , and in addition to the Committees on House Administration , the Judiciary , Ethics , Financial Services , and Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Ethics in Government Act of 1978, the Rules of the House of Representatives, the Lobbying Disclosure Act of 1995, the Legislative Reorganization Act of 1946, the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, the Internal Revenue Code of 1986, the Foreign Agents Registration Act of 1938, the Financial Stability Act of 2010, and the Federal Funding Accountability and Transparency Act of 2006 to improve access to information in the legislative and executive branches of the Government, and for other purposes.

1. Short title This Act may be cited as the Transparency in Government Act of 2024 . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—IMPROVING ACCESS TO INFORMATION ABOUT MEMBERS OF CONGRESS AND CONGRESSIONAL OFFICES Sec. 101. Greater disclosure and electronic filing of personal financial information. Sec. 102. Greater disclosure of travel reports. Sec. 103. Greater disclosure of gift reports. Sec. 104. Greater disclosure of earmarks. Sec. 105. GAO study and report on effects of written requests by members of Congress for funding of projects. Title II—ENHANCING PUBLIC ACCESS TO THE WORK OF CONGRESSIONAL COMMITTEES, LEGISLATION, AND VOTES Sec. 201. Increased transparency of committee work. Sec. 202. Increased transparency of recorded votes. Sec. 203. Electronic format. Sec. 205. Use of data standards by congressional support offices. Sec. 206. Inclusion of digital version of funding tables in reports accompanying appropriations bills. Sec. 207. Select committee on the modernization of congress. Sec. 208. Expanded information in house staff directory. Title III—EXPANDING ACCESS TO CONGRESSIONAL RESEARCH SERVICE REPORTS ON LIBRARY OF CONGRESS WEBSITE Sec. 301. Inclusion of reports from archive. Sec. 302. Availability of reports in structured format. Sec. 303. Report on making other materials available. Sec. 304. Effective date. Title IV—LOBBYING DISCLOSURE Sec. 401. Short title. Sec. 402. Modifications to enforcement. Sec. 403. Definition of lobbyist. Sec. 404. Expedited online registration of lobbyists; thresholds for certain organizations whose employees are lobbyists. Sec. 405. Disclosure of political contributions. Sec. 406. Identification numbers for lobbyists. Sec. 407. Ethics training for lobbyists. Sec. 408. Repeal of exemption of reporting lobbying contacts reported under Foreign Agents Registration Act. Sec. 409. Repeal of use of estimates based on tax reporting system. Title V—Transparency in Federal awards Sec. 501. Improving application programming interface and website data elements. Sec. 502. Improving data quality. Sec. 503. Requirements relating to reporting of award data. Sec. 504. Recipient performance transparency. Sec. 505. Improvement of responsibility/qualification information. Sec. 506. Federal contractor compliance. Sec. 507. Improving access to information disclosed on lobbying activities. Sec. 508. Inclusion of narratives on USASpending.gov. Sec. 509. Suspension and debarment database. Title VI—EXECUTIVE BRANCH TRANSPARENCY Subtitle A—Public Availability of Information Sec. 601. Agency defined. Sec. 602. Requirement for disclosure of Federal sponsorship of all Federal advertising or other communications. Sec. 603. Improving access to influential executive branch official’s visitor access records. Sec. 604. Improving rulemaking disclosure for the Office of Information and Regulatory Affairs. Sec. 605. Improving registration information from agents of foreign principals. Sec. 606. Government-wide entity identifier. Sec. 607. Grants transparency requirements. Subtitle B—Publication of Opinions of Office of Legal Counsel Sec. 611. Short title. Sec. 612. Schedule of publication for final OLC opinions. Sec. 613. Exceptions and limitation on public availability of final OLC opinions. Sec. 614. Method of publication. Sec. 615. Index of opinions. Sec. 616. Private right of action. Sec. 617. Severability. Sec. 618. Definitions. Subtitle C—Contempt of Congress Procedures and Enforcement Sec. 621. Availability of civil action to enforce House of Representatives subpoenas. Sec. 622. Alternate procedures for enforcement of criminal contempt of Congress. Sec. 623. Increase in penalty for contempt of Congress. Sec. 624. Authority of United States Capitol Police to enforce citations. Sec. 625. Collection of penalties imposed by the House of Representatives on persons cited for contempt of House. Sec. 626. No effect of expiration of Congress on pending actions. Subtitle D—Promoting Accountability and Security in Transitions Sec. 631. Short title. Sec. 632. Sense of Congress. Sec. 633. Definitions. Sec. 634. Management and custody of Presidential records. Sec. 635. Restrictions on access to Presidential records. Sec. 636. Exceptions to restricted access. Sec. 637. Regulations. Sec. 638. Disclosure requirement for official business conducted using non-official electronic messaging accounts. Sec. 639. Presidential Transition Act of 1963. Sec. 640. Former Presidents. Sec. 641. Presidential archival depository. Title VII—STRENGTHENING THE FREEDOM OF INFORMATION ACT Sec. 701. Digital access to records made available under the Freedom of Information Act. Sec. 702. Freedom of Information Act Amendments. Sec. 703. Other matters. Title VIII—IMPROVING TRANSPARENCY WITHIN THE JUDICIAL SYSTEM Sec. 801. Televising Supreme Court proceedings. Sec. 802. Audio recording of Supreme Court proceedings. Sec. 803. Availability on the internet of financial disclosure reports of judicial officers. Sec. 804. GAO audit of pacer. Sec. 805. Electronic court records reform. Title IX—ENFORCEMENT Sec. 901. Report by the Government Accountability Office. Title X—MISCELLANEOUS Sec. 1001. Transfer of certain records to archivist of United States. Sec. 1002. Data standards. I IMPROVING ACCESS TO INFORMATION ABOUT MEMBERS OF CONGRESS AND CONGRESSIONAL OFFICES 101. Greater disclosure and electronic filing of personal financial information SLWalker: Donalene (a) Additional financial disclosure requirements (1) Section 102(a)(1)(B) of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 102(a)(1)(B) ) is amended in clause (iv) by striking $15,000 and inserting $25,000 and by striking clauses (v) through (ix) and inserting the following new clauses: (v) greater than $25,000 but not more than $100,000, rounded to the nearest $10,000, (vi) greater than $100,000 but not more than $1,000,000, rounded to the nearest $100,000, or (vii) greater than $1,000,000, rounded to the nearest $1,000,000. . (2) Section 102(d)(1) of such Act ( 5 U.S.C. App. 102(d)(1) ) is amended by striking (3), (4), (5), and (8) and inserting (5) and (8) . (3) Section 102(d) of such Act ( 5 U.S.C. App. 102(d) ) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: (2) The categories for reporting the amount or value of the items covered in paragraphs (3) or (4) of subsection (a) are as follows: (A) Not more than $15,000. (B) Greater than $15,000 but not more than $25,000. (C) Greater than $25,000 but not more than $100,000, rounded to the nearest $10,000. (D) Greater than $100,000 but not more than $1,000,000, rounded to the nearest $100,000. (E) Greater than $1,000,000, rounded to the nearest $1,000,000. . (b) More frequent disclosure of financial transactions involving large sums of money (1) Section 101 of such Act ( 5 U.S.C. App. 101 ) is amended by adding at the end the following new subsection: (j) In addition to any other report required to be filed by a Member of Congress or officer or employee of the Congress, each such individual is required to file a quarterly report on April 30, July 30, October 30, and January 30 of each year covering the preceding calendar quarter if that individual (or the spouse or any dependent child of that individual) purchased, sold, or exchanged any property described in subsection (a)(5) valued at not less than $250,000 during that calendar quarter. For any such transaction of not less than $250,000, such report shall contain all of the information required under subsection (a)(5). . (2) (A) Clause 1 of rule XXVI of the Rules of the House of Representatives is amended by inserting (a) after 1. and by adding at the end the following new paragraphs: (b) If any report is filed with the Clerk for a calendar quarter pursuant to section 101(i) of the Ethics in Government Act of 1978, the Clerk shall compile all such reports sent to the Clerk by Members and have them printed as a House document, which shall be made available to the public, as soon as practicable. (c) Each individual required to file a report with the Clerk under title I under the Ethics in Government Act of 1978 shall file and maintain such report in electronic form. . (B) Comparable language to be added by the Senate. (c) Availability on the internet of reports filed under this title with the clerk of the house or the secretary of the senate Section 103 of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 103 ) is amended by adding at the end the following new subsection: (m) The Clerk of the House of Representatives and the Secretary of the Senate shall each make available any report filed with them under this title (whether the report is filed in paper or electronic form) within 48 hours of the applicable submission deadline on the website of the Clerk or the Secretary, as applicable, in a searchable, sortable, downloadable, machine-readable format. . (d) Effective date The amendments made by this section shall apply to reports filed for calendar years or calendar quarters beginning after the date of enactment of this Act. 102. Greater disclosure of travel reports SLWalker: Noah/Parker (a) Foreign travel Clause 8(b)(3) of rule X of the Rules of the House of Representatives is amended by adding at the end the following new sentence: Within 48 hours after any such report is filed with the chair of a committee, the chair shall post the report on the Internet site of the committee in a searchable, sortable, downloadable, machine-readable format. . (b) Effective date The amendment made by subsection (a) shall apply to travel commencing after the date of enactment of this Act. 103. Greater disclosure of gift reports SLWalker: Noah/Parker (a) Requiring clerk of the house To post reports on internet not later than 48 hours after receipt (1) Clause 5(b)(5) of rule XXV of the Rules of the House of Representatives is amended— (A) by striking shall make available and inserting shall post on the public Internet site of the Clerk and otherwise make available ; and (B) by striking as possible and inserting the following: as possible, but in no event later than 48 hours, . (2) Comparable language to be added by the Senate. (b) Effective date The amendment made by subsection (a) shall apply with respect to reports filed on or after the date of the adoption of this resolution. 104. Greater disclosure of earmarks SLWalker: Noah/Parker (a) Electronic disclosure by members (1) Rule XXIII of the Rules of the House of Representatives is amended by redesignating clause 22 as clause 23 and by inserting after clause 21 the following: 22. A Member, Delegate, or Resident Commissioner who requests a congressional earmark, a limited tax benefit, or a limited tariff benefit shall, within 24 hours after making such request— (1) post on his or her public website for the remainder of the Congress the following— (A) the name and address of the intended recipient; (B) whether the intended recipient is a for-profit or not-for-profit entity; (C) the requested amount (only in the case of congressional earmarks); and (D) an explanation of the request, including the purpose, and why it is a valuable use of taxpayer funds; (2) electronically submit to the committee of subject-matter jurisdiction the webpage address where such information is posted; (3) identify each request as having been submitted to the committee of subject-matter jurisdiction; and (4) display on the homepage of such website a hypertext link that contains the words Earmarks , Appropriations Requests , Limited Tax Benefits , or Limited Tariff Benefits and that directs to such webpage address, and maintain that link for at least 30 calendar days after the last such request is made during the Congress. . (2) The last sentence of clause 16 of rule XXIII of the Rules of the House of Representatives is amended by striking and clause 17 and inserting , clause 17, and clause 22 . (b) Electronic disclosure by committees Rule XI of the Rules of the House of Representatives is amended by adding at the end the following new clause: Earmark disclosure websites (a) Any committee that accepts any request of a Member, Delegate, or Resident Commissioner for a congressional earmark, a limited tax benefit, or a limited tariff benefit shall maintain a public website with an earmark disclosure webpage that contains the following for each such request— (1) the bill name; (2) the name, State, and district of that individual; (3) the name and address of the intended recipient; (4) whether the intended recipient is a for-profit or not-for-profit entity; (5) the requested amount (only in the case of congressional earmarks); (6) a brief description; and (7) the applicable department or agency of the Government, and the account or program (if provided to the committee in the request); and is in a downloadable format that is searchable and sortable by such characteristics. (b) Any written statement received by a committee under clause 17(a) of rule XXIII shall be posted on the earmark disclosure webpage of the committee. (c) The earmark disclosure webpage of a committee shall list the names of any Member, Delegate, and Resident Commissioner who requests a congressional earmark, a limited tax benefit, or a limited tariff benefit and link directly to their webpage addresses referred to in clause 18(2) of rule XXIII. (d) The earmark disclosure webpage of a committee shall post the information required under paragraphs (a) through (c) within one week of receipt, and shall maintain that information on that webpage for the remainder of the Congress. (e) For purposes of this clause, the terms congressional earmark , limited tax benefit , and limited tariff benefit shall have the meaning given them in clause 9 of rule XXI. . (c) Point of order Clause 9 of rule XXI of the Rules of the House of Representatives is amended by redesignating paragraphs (e), (f), and (g) as paragraphs (f), (g), and (h), respectively, and by inserting after paragraph (d) the following: (e) It shall not be in order to consider any bill or joint resolution, or an amendment thereto or conference report thereon, that carries a congressional earmark, limited tax benefit, or limited tariff benefit for which a Member, Delegate, or Resident Commissioner failed to comply with any applicable requirement of clause 18 of rule XXIII. . (d) Effective date The amendments made by this section shall apply to requests for congressional earmarks, limited tax benefits, and limited tariff benefits made after the date this resolution is agreed to. (e) Centralized database for earmarks, limited tax benefits, and limited tariff benefits (1) The Clerk of the House of Representatives, the Secretary of the Senate, and the chairs of the Committee on Appropriations of the House of Representatives and the Senate shall collaborate to create one centralized database where all requests for earmark, limited tax benefits, and limited tariff benefits are available on the Internet in a searchable, sortable, downloadable format to the public. The data available to the public for each earmark should include— (A) an identification of the bill into which the earmark is to be inserted; (B) the name, State, and district of the Member of Congress requesting the earmark; (C) the name and address of the intended recipient; (D) whether the intended recipient is a for-profit or not-for-profit entity; (E) the requested amount (only in the case of congressional earmarks); (F) a brief description of the earmark; and (G) the applicable department or agency of the Government, and the account or program (if provided to the committee in the request). (2) The centralized database for earmarks referred to in paragraph (1) shall be implemented within six months after the date of enactment of this Act. 105. GAO study and report on effects of written requests by members of Congress for funding of projects (a) Study The Comptroller General of the United States shall conduct a study of the effect of written requests to carry out and provide funding for projects and activities which are submitted to offices of the executive branch by Members of Congress on the decisions made by such offices regarding the funding of those projects and activities. (b) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a). II ENHANCING PUBLIC ACCESS TO THE WORK OF CONGRESSIONAL COMMITTEES, LEGISLATION, AND VOTES 201. Increased transparency of committee work SLWalker: Noah/Parker (a) In the house of representatives Clause 1 of rule XI of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: (e) (1) Each committee shall post on its Internet website the public hearings and markup schedules of the committee and each of its subcommittees at the same time that information is made available to members of the committee. (2) For each hearing and markup for which information is posted under subparagraph (1), the committee shall post on its Internet website within 45 days the following: the topic, related legislation, testimony of witnesses, opening statements of the chair and ranking minority member, transcripts, and audio and video recordings. (3) Within 24 hours after a committee or subcommittee orders any bill or resolution to be reported, the committee or subcommittee, as applicable, shall post on its Internet website all amendments that were agreed to, except for technical and conforming changes authorized by the committee or subcommittee, as well as all votes taken on the bill or resolution and on any amendment offered to the bill or resolution. . (b) In the senate Comparable language to be added by the Senate. 202. Increased transparency of recorded votes SLWalker: Noah/Parker (a) Additional duties of the clerk of the house and the secretary of the senate The Clerk of the House of Representatives and the Secretary of the Senate shall post on the public Internet site of the Office of the Clerk or of the Secretary, respectively, a record, organized by the name of each Member or Senator, in a structured data format, of the recorded votes of that Member or Senator, including the roll, date, issue, question, result, and title or description of the vote, and any cost estimate of the Congressional Budget Office related to the vote. (b) Web link Each Member shall provide a link to the Clerk of the House of Representatives of a list of recorded votes from that Member’s website, and each Senator shall provide a link to the Secretary of the Senate of a list of recorded votes from that Senator’s website. (c) Definition As used in this section, the term Member means a Representative in Congress, a delegate to Congress, or the Resident Commissioner from Puerto Rico. (d) Effective date This section shall apply to recorded votes occurring after the date of enactment of this Act. 203. Electronic format SLWalker: Noah/Parker (a) In general Chapter 2 of title 1 of the United States Code is amended by inserting after section 107 the following new section: 107a. Electronic format To the extent practicable, all bills, resolutions, orders, and votes shall be created, exchanged, and published in searchable electronic formats, consistent with data standards recommended by such advisory bodies as Congress may establish. . (b) Conforming amendment The table of sections at the beginning of chapter 2 of title 1 of the United States Code is amended by adding after the item relating to section 107 the following new item: 107a. Electronic format. . 205. Use of data standards by congressional support offices All congressional support offices shall, to the extent practicable, use the data standards recommended by the Congressional Data Task Force for the congressional information that they create, exchange, and/or publish. SLWalker: Noah/Parker 206. Inclusion of digital version of funding tables in reports accompanying appropriations bills SLWalker: Noah/Parker (a) Inclusion The Clerk of the House of Representatives and the Secretary of the Senate shall ensure that each report accompanying any appropriations bill reported by the Committees on Appropriations of the House or Senate (as the case may be) includes a formatted spreadsheet showing the amounts made available by the bill, in a tabular, digital format that shows separate entries for each fiscal year covered by the bill. (b) Effective date Subsection (a) shall apply with respect to any appropriations bill making funds available for fiscal year 2024 or any succeeding fiscal year. 207. Select committee on the modernization of congress Regular Modernization Select Committees: The House should authorize a Modernization Select Committee at least every fourth Congress. Prior to the Select Committee on the Modernization of Congress being established in 2019, the Joint Committee on the Organization of Congress in 1993 was the last organized reform entity. As the pace of change accelerates, Congress needs to evaluate itself at more regular intervals. The House, with or without the Senate, should authorize a Select Committee with a mandate to evaluate the operations and efficiency of the institution. SLWalker: Noah/Parker 208. Expanded information in house staff directory Not later than 90 days after the date of the enactment of this Act, the Clerk of the House of Representatives shall submit a report to the Committees on Appropriations and House Administration of the House of Representatives on the feasibility of expanding the information included in the directory of employees of the House to include information on the position held and the areas of responsibility assigned to each employee. SLWalker: Noah/Parker III EXPANDING ACCESS TO CONGRESSIONAL RESEARCH SERVICE REPORTS ON LIBRARY OF CONGRESS WEBSITE 301. Inclusion of reports from archive Section 154(a)(2) of Legislative Branch Appropriations Act, 2018 ( 2 U.S.C. 166a(a)(2) ) is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following new subparagraph: (B) Inclusion of archived material The term CRS Report includes any report or product described in subparagraph (A) which is produced prior to the effective date of this section, including any report or product maintained in a CRS archive. . SLWalker: Noah/Parker 302. Availability of reports in structured format Section 154(b)(1)(B) of the Legislative Branch Appropriations Act, 2018 ( 2 U.S.C. 166a(b)(1)(B) ) is amended by striking the period at the end and inserting the following: , and shall be available in a structured data format . SLWalker: Noah/Parker 303. Report on making other materials available Not later than 1 year after the date of the enactment of this Act, the Director of the Congressional Research Service shall submit a report to Congress describing the steps the Director would be required to take in order to make materials and publications of the Service which are not treated as CRS Reports under section 154 of the Legislative Branch Appropriations Act, 2018 ( 2 U.S.C. 166a ) available through the website established and maintained by the Librarian of Congress under such section. SLWalker: Noah/Parker 304. Effective date The amendments made by sections 301 and 302 shall take effect as if included in the enactment of section 154 of the Legislative Branch Appropriations Act, 2018 ( 2 U.S.C. 166a ). SLWalker: Noah/Parker IV LOBBYING DISCLOSURE 401. Short title This title may be cited as the Lobbyist Disclosure Enhancement Act . SLWalker: Noah/Donalene 402. Modifications to enforcement (a) Lobbying disclosure Act Task Force Section 6 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605 ) is amended by adding at the end the following new subsection: (c) Lobbying disclosure Act Task Force (1) Establishment The Attorney General shall establish the Lobbying Disclosure Act Enforcement Task Force (in this subsection referred to as the Task Force ). (2) Functions The Task Force shall— (A) have primary responsibility for investigating and prosecuting each case referred to the Attorney General under section 6(a)(8); (B) collect and disseminate information to the public with respect to the enforcement of this Act; (C) audit, as frequently as the Task Force determines to be necessary but not less frequently than once each calendar year, the extent of compliance or noncompliance with the requirements of this Act by lobbyists, lobbying firms, and registrants through a random sampling of lobbying registrations and reports filed under that Act during the year; (D) establish, publicize, and operate a toll-free telephone number to serve as a hotline for members of the public to report noncompliance with the requirements of this Act; and (E) develop a mechanism to allow members of the public to report such noncompliance online. . (b) Referral of cases to the Attorney General Section 6(a) of such Act ( 2 U.S.C. 1605(a) ) is amended— (1) in paragraph (8), by striking United States Attorney for the District of Columbia and inserting Attorney General ; and (2) in paragraph (11), by striking United States Attorney for the District of Columbia and inserting Attorney General . (c) Information in enforcement reports Section 6(b)(1) of such Act ( 2 U.S.C. 1605(b)(1) ) is amended by striking by case and all that follows through public record and inserting by case and name of the individual lobbyists or lobbying firms involved, any sentences imposed . (d) Recommendations for improved enforcement The Attorney General may make recommendations to Congress with respect to— (1) the enforcement of and compliance with the Lobbying Disclosure Act of 1995; and (2) the need for resources available for the enhanced enforcement of the Lobbying Disclosure Act of 1995, taking into consideration the recommendations of the Comptroller General in reports submitted under section 26 of such Act. (e) Effective date This section and the amendments made by this section shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act. 403. Definition of lobbyist (a) Repeal of 20 percent threshold for inclusion of lobbying activities Section 3(10) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(10) ) is amended by striking , other than an individual and all that follows through period . (b) Effective date The amendment made by subsection (a) shall take effect on the first day of the first quarterly period described in section 5(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604(a) ) that begins after the end of the 90-day period beginning on the date of the enactment of this Act. 404. Expedited online registration of lobbyists; thresholds for certain organizations whose employees are lobbyists (a) Expedited registration Section 4(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(a) ) is amended— (1) in paragraph (1)— (A) by striking 45 days and inserting 10 days ; (B) by striking , or on the first business day after such 45th day if the 45th day is not a business day, and inserting , or on the first business day occurring after such 10th day if such 10th day does not occur on a business day, ; and (C) by inserting online after shall register ; and (2) in paragraph (2)— (A) by striking Any organization and inserting the following: (A) In general Subject to subparagraph (B), any organization ; and (B) by adding at the end the following: (B) Threshold for certain organizations In the case of an organization with an employee who engages in lobbying activities solely on behalf of the organization, the requirement to register under this subsection shall apply only if the lobbying activities of such employee include or are expected to include more than one lobbying contact. . (b) Effective date The amendments made by this section shall take effect on the first day of the first quarterly period described in section 5(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604(a) ) that begins after the end of the 90-day period beginning on the date of the enactment of this Act. 405. Disclosure of political contributions (a) Expedited disclosure Section 5(d)(1) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604(d)(1) ) is amended— (1) in the matter preceding subparagraph (A), by striking 30 days after and all that follows through 30th day is not and inserting 20 days after the end of the quarterly period beginning on the first day of January, April, July, and October of each year, or on the first business day after such 20th day if such 20th day is not ; and (2) by striking semiannual period each place it appears and inserting quarterly period . (b) Effective date The amendments made by subsection (a) shall take effect on the first day of the first quarterly period described in section 5(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604(a) ) that begins after the end of the 90-day period beginning on the date of the enactment of this Act. 406. Identification numbers for lobbyists (a) Requiring assignment of unique identification number (1) Requirement Section 6(a)(3) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605(a)(3) ) is amended— (A) by striking and at the end of subparagraph (A); (B) by adding and after the semicolon the end of subparagraph (B); and (C) by adding after subparagraph (B) the following: (C) a system that assigns a unique identification number for each lobbyist for whom a registration or report is filed under this Act; . (2) Section 406 The amendments made by paragraph (1) shall apply to any registration or report that is filed under section 4 or 5 of the Lobbying Disclosure Act of 1995— (A) on or after the 90th day after the date of the enactment of this Act; or (B) before such 90th day, if such registration or report is, as of such 90th day, being retained under section 6(a)(5) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605(a)(5) ). (b) Report on implementation Not later than 60 days after the date of the enactment of this Act, the Clerk of the House of Representatives and the Secretary of the Senate shall submit a report to Congress on the progress made by the Clerk and the Secretary in implementing the amendment made by subsection (a), and shall include in the report an analysis of the progress made in including the unique identification number assigned to a lobbyist in the statements and reports filed under the Lobbying Disclosure Act of 1995 in a structured data format. 407. Ethics training for lobbyists (a) Requiring completion of training The Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ) is amended by adding at the end the following new section: 27. Ethics training for lobbyists (a) Required ethics training Any individual who is a lobbyist registered or required to register under section 4 shall— (1) complete ethics training described in subsection (b)— (A) not later than 6 months after the individual is first employed or retained for services that include one or more lobbying contacts; and (B) at least once in each 5-year period during which the individual is registered or required to register under section 4; and (2) submit to the Clerk of the House of Representatives and the Secretary of the Senate certification of the training completed under paragraph (1). (b) Qualified training The Ethics Committee of the House of Representatives and the Select Committee on Ethics of the Senate shall jointly— (1) determine the curriculum and certification requirements for the ethics training for individuals described in subsection (a); (2) approve those educational institutions, professional associations, or other persons who are qualified to provide such ethics training; (3) determine the maximum fee that may be charged for the ethics training; and (4) provide oversight of the ethics training program established under this section in order to determine the quality of instruction in, and the administration of, the training program. (c) Responsibilities of clerk and secretary The Clerk of the House of Representatives and the Secretary of the Senate shall— (1) collect and review for completion and accuracy the certifications of ethics training submitted under subsection (a)(2); and (2) post on the websites of the Clerk and the Secretary, with respect to each individual required to complete ethics training under this section— (A) whether the individual has complied with such requirement; and (B) the certifications submitted by the individual under subsection (a)(2). . (b) Effective date (1) In general The amendment made by subsection (a) shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act. (2) Lobbyists registered as of date of enactment In the case of individuals who are registered under section 4 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603 ) as of the effective date under paragraph (1), the ethics training required under section 27(a)(1) of such Act (as added by subsection (a)) shall be completed not later than the end of the 6-month period beginning on the effective date under paragraph (1). 408. Repeal of exemption of reporting lobbying contacts reported under Foreign Agents Registration Act (a) Repeal Section 3(8)(B) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(8)(B) ) is amended by striking clause (iv). (b) Effective date The amendment made by subsection (a) shall take effect on the first day of the first quarterly period described in section 5(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604(a) ) that begins after the end of the 90-day period beginning on the date of the enactment of this Act. 409. Repeal of use of estimates based on tax reporting system Section 15 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1610 ) is repealed. V Transparency in Federal awards 501. Improving application programming interface and website data elements SLWalker: Sally (a) In general Section 2 of the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note) is amended— (1) in subsection (a)— (A) in paragraph (4)(A)(ii), by striking and delivery orders and inserting lease agreements and assignments, and delivery orders ; (B) in paragraph (7)— (i) in subparagraph (B), by striking paragraph (2)(A)(i) and inserting paragraph (5)(A)(i) ; (ii) in subparagraph (C)— (I) by striking paragraph (2)(A)(ii) and inserting paragraph (5)(A)(ii) ; and (II) by striking and after the semicolon; (iii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following new subparagraph: (E) programmatically search and access all data in a serialized machine-readable format (such as XML) via a web-services application programming interface. ; (C) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively; and (D) by inserting before paragraph (2) the following new paragraph: (1) Congressionally directed spending item The term congressionally directed spending item means a provision or report language included primarily at the request of a Member of Congress providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or congressional district, other than through a statutory or administrative formula-driven or competitive award process. ; (2) in subsection (b)(1)— (A) in subparagraph (F), by striking the period at the end and inserting a semicolon; (B) by redesignating subparagraph (G) as subparagraph (Q); and (C) by inserting after subparagraph (F) the following new subparagraphs: (G) to the extent possible, the Federal agency, including the bureau, office, or subdivision, that authorized the Federal award; (H) the number of full-time equivalent employees for any entity that receives an award; (I) the estimated number of people who will benefit from the award; (J) after January 1, 2024, for each contract, subcontract, purchase order, task order, lease agreement and assignment, and delivery order— (i) information about the extent of competition in awarding the contract, including the number of bids or proposals determined to be responsive during the competitive process, and if the award was not competitive, the legal authority and specific rationale for awarding the contract without full and open competition (as defined in section 107 of title 41, United States Code); (ii) the full amount awarded under the contract or, in the case of lease agreements or assignments, the amount paid to the Government, and the full amount of any option to expand or extend under the contract; (iii) the amount of the profit incentive, such as an award fee; (iv) the type of contract, such as fixed price, cost plus pricing, labor hour contract, and time and materials contract; (v) a permanent link to the original solicitation or notice and the solicitation ID; (vi) an indication if the contract is the result of a legislative mandate, set-aside, preference program requirement, or other criteria, and whether the contract is multi-year, consolidated, or performance-based; and (vii) an indication if the contract is a congressionally directed spending item; (K) after January 1, 2024, for any grant, subgrant, loan, award, cooperative agreement, and other form of financial assistance, an indication if the Federal award is a congressionally directed spending item; (L) the North American Industry Classification System code for any entity that receives a Federal award; (M) data on whether a business that receives a Federal award is a small business concern owned and controlled by women, a small business concern owned and controlled by veterans (as such terms are defined, respectively, in section 3 of the Small Business Act ( 15 U.S.C. 632 )), or a small business concern owned and controlled by socially and economically disadvantaged individuals (as defined in section 8(d)(3)(C) of such Act ( 15 U.S.C. 637(d)(3)(C) )); (N) data on if a business that receives an assistance award serves an underserved community, such as a HUBZone (as defined in section 31(b)(1) of the Small Business Act ( 15 U.S.C. 657a(b)(1) )) or a labor surplus area (as determined by the Secretary of Labor), or if a business participates in the program established under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ) or another contracting assistance program of the Federal Government; (O) the relevant National Interest Action Code, which tracks cross agency spending on events of national interest; and (P) after January 1, 2024, for any loan and loan guarantee, data on the name, address, and parent company of any private lender participating in the award; and ; and (3) in subsection (c)(5)— (A) by striking subsection (a)(2)(A)(i) and inserting subsection (a)(5)(A)(i) ; and (B) by striking subsection (a)(2)(A)(ii) and inserting subsection (a)(5)(A)(ii) . (b) Effective date Except as otherwise provided, the amendments made by subsection (a) shall be implemented not later than 6 months after the date of the enactment of this Act. 502. Improving data quality The Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note) is amended by adding at the end the following new section: 9. Improving data quality (a) Inspector general data audit Each Inspector General shall annually audit for the previous fiscal year the data used on the website established under section 2 for the relevant Federal agency of the Inspector General, in compliance with generally accepted Government auditing standards, and submit a report on such audit to the Director that includes at least the following: (1) A review of data used for the website to verify accuracy of the data and assess the process used for improving data quality. (2) A review of a statistically representative sample of Federal awards to determine whether the Federal agency of the Inspector General has appropriate measures in place to review data submissions under this Act for accuracy and completeness. (3) An identification of and report on new standards that the Inspector General recommends for implementation by the Federal agency of the Inspector General to improve data quality. (4) A review of subaward data used for the website to assess completeness and accuracy of the data as best as possible and assess the process used to collect subaward data for changes that could improve data quality. (b) OMB report Not later than April 1 of each year, the Director shall make each report submitted under subsection (a) for the previous fiscal year available to the public, including a review of the findings of the audit and recommendations to improve data quality, through the website established under section 2. (c) Federal subaward reporting system Not later than 180 days after the date of the enactment of this section, the Inspector General of the General Services Administration shall submit to Congress a report that includes the results of a comprehensive review of the FFATA Subaward Reporting System that identifies problems within the system that contribute to inaccurate and incomplete subaward reporting and provide specific recommendations for improvements. The review shall include an assessment of the effectiveness and efficiency of the system, including the following: (1) The accuracy and completeness of subaward data reported through the system. (2) The consistency of reporting requirements across Federal agencies. (3) The burden on Federal award recipients to comply with reporting requirements. (4) The accessibility and availability of subaward data to the public and stakeholders. (5) The adequacy of enforcement mechanisms to ensure compliance with reporting requirements. (d) Data Verification Systems Prior to Award Distribution Before making a Federal award to a recipient, the Federal agency shall verify the accuracy and completeness of the information of the recipient. To carry out this subsection, a Federal agency may use any available verification tools, including the System for Award Management database, the Do Not Pay system of the Department of the Treasury, and any other database designated by the Office of Management and Budget for verification purposes. Recipient data that must be verified includes the following: (1) The legal name of the recipient. (2) The street address. (3) A taxpayer identification number. (4) The number of employees of an entity, if applicable. . 503. Requirements relating to reporting of award data (a) Revision of guidance The Director of the Office of Management and Budget shall revise the guidance to Federal agencies by the Office on reporting Federal awards to clarify— (1) the requirement for award description entries to include sufficient information to convey the scope and purpose of the award; and (2) requirements for validating and documenting agency award data submitted by Federal agencies. (b) Inclusion of city information The Director of the Office of Management and Budget shall include information on the city in which work is performed in the public reporting of the completeness of agency data submissions by the Office. (c) Definitions In this section, the terms Federal agency and Federal award have the meanings given those terms in section 2(a) of the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note), as amended by this Act. 504. Recipient performance transparency (a) In general The Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new section: 10. Recipient performance transparency and past performance The Director shall ensure that the unique identifier required in section 2(b)(1)(E), which is used to link information about an entity receiving an award on the website established under such section, is also used to link information about such entity in the responsibility/qualification information on the System for Award Management. . (b) Effective date The amendment made by subsection (a) shall be implemented not later than 6 months after the date of the enactment of this Act. 505. Improvement of responsibility/qualification information Section 872(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4556) is amended— (1) in the matter preceding paragraph (1), by striking 5-year period and inserting 10-year period ; and (2) in paragraph (1), by adding at the end the following new subparagraphs: (E) In an administrative proceeding, any administrative judgment that does not contain an explicit finding or acknowledgment of fault. (F) In a civil proceeding, any settlement that does not contain an explicit finding or acknowledgment of fault. . 506. Federal contractor compliance (a) Periodic inspection or review of contract files Section 2313(e)(2) of title 41, United States Code, is amended by adding at the end the following new subparagraph: (C) Periodic inspection or review The Inspector General of each Federal agency shall periodically— (i) conduct an inspection or review of each contract file described in subparagraph (B) to determine if the agency is providing appropriate consideration of the information included in the database established under subsection (a); and (ii) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report containing the results of the inspection or review conducted under clause (i). . (b) Self-Reporting requirement Subsection (f) of section 2313 of such title is amended to read as follows: (f) Self-Reporting requirement (1) Contracts in excess of simplified acquisition threshold No funds appropriated or otherwise made available by any Act may be used for any Federal contract for the procurement of property or services in excess of the simplified acquisition threshold unless the contractor has first made the certifications set forth in section 52.209–5 of the Federal Acquisition Regulation. (2) Contracts in excess of $500,000 No funds appropriated or otherwise made available by any Act may be used for any Federal contract for the procurement of property or services in excess of $500,000 unless the contractor— (A) certifies that the contractor has submitted to the Administrator of General Services the information required under subsection (c) and that such information is current as of the date of such certification; or (B) certifies that the contractor has cumulative active Federal contracts and grants with a total value of less than $10,000,000. . (c) Annual report Not later than November 30 for the previous fiscal year, the Comptroller General of the United States shall annually submit a report to the appropriate congressional committees describing the extent to which suspended or debarred contractors on the Excluded Parties List System— (1) are identified as having received Federal contracts on USAspending.gov; or (2) were granted waivers from Federal agencies from suspension or debarment for purposes of entering into Federal contracts. 507. Improving access to information disclosed on lobbying activities (a) Information filed with the administrator of general services Section 1352(b) of title 31, United States Code, is amended— (1) in paragraph (1), by striking file with that agency and inserting file electronically with the Administrator of General Services ; and (2) by adding at the end the following new paragraph: (7) The Administrator of General Services shall establish and maintain an online database that— (A) is available to each agency and the public; (B) contains information disclosed pursuant to this subsection; and (C) is searchable, sortable, machine-readable, and downloadable. . (b) Deadline for database Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall establish the database required by paragraph (7) of section 1352(b) of title 31, United States Code, as added by subsection (a). 508. Inclusion of narratives on USASpending.gov (a) In general Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall allow any agency, in reporting a Federal award to USASpending.gov (or a successor website), to upload a narrative for such award. (b) Definitions In this section: (1) Agency The term agency has the meanings given that term in section 6101 of title 31, United States Code. (2) Federal award The term Federal award has the meaning given that term in section 2(a) of the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 ; 31 U.S.C. 6101 note). 509. Suspension and debarment database (a) Expansion of required data; publication of contractor evaluation ratings Subsection (c) of section 2313 of title 41, United States Code is amended— (1) in the matter before paragraph (1), by striking 5-year period and inserting 10-year period ; (2) in paragraph (1)— (A) by striking in connection with the award or performance of a contract or grant with the Federal Government ; (B) in subparagraph (B), by striking $5,000 and inserting $1,000 ; and (C) in subparagraph (C)— (i) in clause (i), by striking $5,000 and inserting $1,000 ; (ii) in clause (ii), by striking $100,000 and inserting $10,000 ; and (3) by inserting at the end the following new paragraph: (9) Contractor evaluation ratings as provided for in subsection (b)(4) of section 42.1503 of title 48, Code of Federal Regulations, as in effect on the date of the enactment of this paragraph. . (b) Public availability of ratings Section 3010 of the Supplemental Appropriations Act, 2010 ( 41 U.S.C. 2313 note; Public Law 111–212 ), is amended by adding after website the following: Contractor evaluation ratings shall not be considered past performance reviews for the purposes of this section. . (c) Eliminate loophole Subsection (d)(3) of section 2313 of title 41, United States Code is amended by striking , to the extent practicable, . (d) Lower disclosure and beneficial ownership threshold Subsection (f) of section 2313 of title 41, United States Code, is amended— (1) in the matter before paragraph (1), by striking $10,000,000 and inserting $5,000,000 ; and (2) in paragraph (1), by striking subsection (c) and inserting subsections (c) and (d) . (e) Liability; audits Section 2313 of title 41, United States Code, is amended by adding at th end the following new subsections: (h) Enforcement A knowing and willful failure to disclose or update information in accordance with subsection (f) may result in one or more of the following: (1) Entry of the violation in the database described by this section. (2) A civil fine not exceeding $200,000. (3) Referral for suspension or debarment. (i) Periodic auditing (1) Audit process Not later than one year after the date of the enactment of this subsection, the Comptroller General of the United States shall develop a process to audit the following: (A) Any data reported under this section for compliance with this section and any regulation promulgated under this section. (B) The online presentation on the System for Award Management for compliance with the 21st Century Integrated Digital Experience Act ( 10 U.S.C. 3501 note; Public Law 115–336 ) and any other applicable law. (C) Compliance with section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ). (2) Biennial audits Upon completion of the process required pursuant to paragraph (1), and every other year thereafter, the Comptroller General shall conduct an audit pursuant to that process. (3) Audit reports Upon completion of each audit required pursuant to paragraph (2), the Comptroller General shall submit a report that details the findings of the audit to the following: (A) The Committee on Oversight and Accountability of the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs of the Senate. (C) The public through the Government Accountability Office website. . (f) Reporting standards Not later than 2 years after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall revise the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code, to prescribe minimum data quality standards requiring that information entered into the database required by section 2313 of title 41, United States Code, is reasonably informative and particular. VI EXECUTIVE BRANCH TRANSPARENCY A Public Availability of Information 601. Agency defined In this subtitle (except as provided for in section 606), the term agency has the meaning given that term under section 551 of title 5, United States Code. 602. Requirement for disclosure of Federal sponsorship of all Federal advertising or other communications (a) Requirement Except as provided for in subsection (b), each advertisement or other communication paid for by an agency, either directly or through a contract awarded by the agency, shall include a prominent notice informing the target audience that the advertisement or other communication is paid for by that agency. (b) Exceptions The requirement in subsection (a) shall not apply to an advertisement or other communication— (1) that is 200 characters or less; or (2) that is distributed through a short message service. (c) Advertisement or other communications defined In this section, the term advertisement or other communication includes— (1) an advertisement disseminated in any form, including print or by any electronic means; and (2) a communication by an individual in any form, including speech, print, or by any electronic means. 603. Improving access to influential executive branch official’s visitor access records (a) Disclosure of white house visitor access records Not later than 30 days after the date of the enactment of this Act, and monthly thereafter, the President shall disclose to the public all White House visitor access records and any meeting log for a virtual business meeting for the previous month that are redacted in accordance with subsection (c). (b) Disclosure of agency visitor access records Not later than 30 days after the date of the enactment of this Act, and monthly thereafter, the head of each agency shall disclose to the public all visitor access records for the previous month for such agency that are redacted in accordance with subsection (c). (c) Information not disclosed The President under subsection (a) and the head of the relevant agency under subsection (b), as the case may be, may determine to not disclose the following information pursuant to this section: (1) Any information— (A) that implicates personal privacy or law enforcement concerns (such as date of birth, social security number, and contact phone number); (B) that implicates the personal safety of White House staff (including daily arrival and departure); or (C) whose release would so threaten national security interests that it outweighs a strong presumption in favor of the public interest in disclosure. (2) For a non-renewable period of up to a year, any information related to purely personal guests, but only if the interest of the executive branch in protecting an unfettered consultation conducted in secret strongly outweighs the public interest in an accountable government free of corruption and political influence. (3) Any information related to a small group of particularly sensitive meetings (such as visits of potential Supreme Court nominees). 604. Improving rulemaking disclosure for the Office of Information and Regulatory Affairs (a) Inclusion in the rulemaking docket of documents and communications related to the implementation of centralized regulatory review As soon as practicable and not later than 15 days after the conclusion of a centralized regulatory review for a draft proposed or draft final rule, the Administrator of the Office of Information and Regulatory Affairs shall include in the rulemaking docket the following: (1) A copy of the draft proposed or draft final rule and supporting analyses submitted to the Office of Information and Regulatory Affairs for review. (2) A copy of the draft proposed or draft final rule that incorporates substantive changes, if any, made to the rule as part of implementing centralized regulatory review. (3) A document describing in a complete, clear, and simple manner any substantive change made by the Office of Information and Regulatory Affairs to the draft proposed or draft final rule submitted by the agency to the Office for review. (4) A copy of any document and written communication (including any electronic mail and electronic mail file attachment), and a summary of any oral communication (including any phone call, phone conference, and meeting), exchanged as part of the implementation of the centralized regulatory review between or among any of the following: (A) The agency responsible for the rule. (B) The Office of Information and Regulatory Affairs. (C) Any other office or entity within the Executive Office of the President. (D) An agency that is not the agency responsible for the rule. (E) An individual who is not employed by— (i) the executive branch of the Federal Government; or (ii) an agency that is not the agency responsible for the rule. (b) Definitions In this section: (1) Centralized regulatory review The term centralized regulatory review means the institutional process of Presidential oversight of individual agency rules governed by Executive Order 12866 (58 Fed. Reg. 51735; relating to regulatory planning and review), or any successor to such Executive order. (2) Rule The term rule has the meaning given that term in section 551 of title 5, United States Code. (c) Rule of construction Nothing in this section shall be construed to preempt or displace the disclosure requirements under any other provision of law affecting administrative procedure, if such requirements are not inconsistent with the requirements of this section. 605. Improving registration information from agents of foreign principals SLWalker: Noah (a) Improving online access to registration information Section 6(d)(1) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 616(d)(1) ) is amended by striking in a searchable, sortable, and downloadable manner and inserting in a format which is directly searchable, sortable, downloadable, and machine-readable . (b) Repealing exemption from registration under foreign agents registration act of 1938 for persons filing disclosure reports under lobbying disclosure act of 1995 (1) Repeal of exemption Section 3 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 613 ) is amended by striking subsection (h). (2) Timing of filing of registration statements Section 2 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 612 ) is amended— (A) in subsection (a), in the matter preceding paragraph (1), in the fourth sentence, by striking The registration statement shall include and inserting Except as provided in subsection (h), the registration statement shall include ; and (B) by adding at the end the following: (h) Timing for filing of statements by persons registered under lobbying disclosure act of 1995 In the case of an agent of a person described in section 1(b)(2) or an entity described in section 1(b)(3) who has registered under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ), after the agent files the first registration required under subsection (a) in connection with the agent’s representation of such person or entity, the agent shall file all subsequent statements required under this section at the same time, and in the same frequency, as the reports filed with the Clerk of the House of Representatives or the Secretary of the Senate (as the case may be) under section 5 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ) in connection with the agent’s representation of such person or entity. . (c) Effective date The amendments made by this section shall take effect upon the expiration of the 30-day period which begins on the date of the enactment of this Act. 606. Government-wide entity identifier (a) Agency defined In this section, the term agency has the meaning given the term Executive agency under section 105 of title 5, United States Code. (b) Requirement for all agencies to use a government-Wide entity identifier The head of each agency shall, to the extent practicable, require each private sector entity from which the agency regularly collects reports, filings, forms, disclosures, or other regularized information to obtain a unique entity identifier that allows the private sector entity to be identified uniquely across all Federal regulatory, procurement, assistance, and other reporting regimes. (c) Publication of information categorized using government-Wide entity identifier The head of each agency shall, to the extent practicable, publish any public regulatory, procurement, assistance, and other reported information categorized using the unique entity identifier required under this section. (d) Governance The unique entity identifier required under this section shall be based on the global entity identifier issued by— (1) utilities endorsed by the Regulatory Oversight Committee, whose charter was set forth by the Finance Ministers and Central Bank Governors of the Group of Twenty and the Financial Stability Board; or (2) utilities endorsed or otherwise governed by the Global LEI Foundation so long as that Foundation remains recognized by the Regulatory Oversight Committee or any successor global public oversight body. 607. Grants transparency requirements (a) In general Subtitle V of title 31, United States Code, is amended by inserting after chapter 73 the following: 74 GRANTS TRANSPARENCY REQUIREMENTS Sec. Sec. 7401. Definitions. Sec. 7402. Pre-award evaluation requirements. Sec. 7403. Website relating to federal grants. Sec. 7404. Postdecision explanation for failed applicants. 7401. Definitions In this chapter: (1) Applicant The term applicant means an entity that submits a proposal or application for a grant. (2) Competitive grant The term competitive grant means a discretionary grant entered into through the use of merit-based selection procedures for the purpose of allocating funds authorized under a grant program of an Executive agency. (3) Executive agency The term Executive agency has the meaning given the term in section 105 of title 5, except the term does not include the Government Accountability Office. (4) Grant The term grant means an award of Federal financial assistance through a grant agreement or cooperative agreement making payment in cash or in kind to a recipient to carry out a public purpose authorized by law. (5) Grant reviewer The term grant reviewer , with respect to a grant— (A) means any individual who reviews, evaluates, or participates in the decision to select an applicant for award of the grant; and (B) includes— (i) a peer reviewer; (ii) a merit reviewer; and (iii) a member of a technical evaluation panel or board or a special emphasis panel. 7402. Pre-award evaluation requirements (a) Evaluation required (1) In general Before awarding a competitive grant and after determining eligibility and conducting a merit-based review, the head of an Executive agency shall conduct an evaluation of the risk posed by an applicant to successfully carry out the grant in accordance with section 200.205 of title 2, Code of Federal regulations (or any successor thereto). (2) Review of interagency duplication To the extent practicable, each evaluation conducted under paragraph (1) shall include a review of any interagency duplication of efforts for research grants, which may be completed through a text-similarity detection process. (b) Simplified evaluation procedure for certain applicants (1) Covered applicant defined In this subsection, the term covered applicant means an applicant that, based on a risk assessment conducted by the Executive agency, is determined to pose a relatively low risk of failing to execute the grant successfully and properly. (2) Procedure In conducting the evaluation required under subsection (a) with respect to a covered applicant, the head of an Executive agency shall— (A) minimize the burden on the covered applicant; and (B) consider any existing findings with respect to the covered applicant under the single audit process under chapter 75 of this title. 7403. Website relating to Federal grants (a) Requirement The Director of the Office of Management and Budget shall consult with the head of each Executive agency to upgrade grants.gov or any proposed successor public website for finding Federal grant opportunities and applying for those grants so that the website— (1) may serve as a central point of information and provide full access for applicants for competitive grants; and (2) shall capture in one site, or provide electronic links to, other relevant databases. (b) Notice of competitive grant funds availability At the time the head of an Executive agency issues a solicitation or otherwise announces the availability of funds for a competitive grant, the head of the Executive agency shall post on the grants website maintained under this section, in a searchable electronic format, relevant information about the grant opportunity, including the following: (1) The grant announcement and purpose of the grant. (2) The anticipated period of performance for any new award and whether the Executive agency anticipates that the grant will be continued. (3) In the case of an announcement with respect to which a specific sum is reserved, the amount of funds available for the grant. (4) A statement of eligibility requirements for the grant. (5) Contact information for the Executive agency, including the name, telephone number, and electronic mail address of a specific person or persons responsible for answering questions about the grant and the application process for the grant. (6) A clear statement of the evaluation factors or criteria that the Executive agency intends to use to evaluate and rank grant applications or proposals submitted, including the weight to be applied to each factor or criterion. (7) A description of the process and standards to be used by the Executive agency to determine that each grant reviewer does not have a prohibited conflict of interest, as defined by applicable statute or regulation, with respect to the evaluation or review of a grant application or proposal, or the decision to award a grant. (8) The anticipated deadline for submission of grant applications or proposals. (9) A set of sample winning grant proposals awarded under the same or similar program within the last 3 years. (c) Use by applicants The grants website maintained under this section shall, to the greatest extent practicable, allow applicants to— (1) use the website with any widely-used computer platform; (2) search the website for any competitive grant 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 The head of each Executive agency shall make available on the grants website maintained 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 head of 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 (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 explaining the rationale for the decision not to follow the rankings or recommendations. (3) Sensitive information (A) Personally identifiable information The head of each Executive agency may redact any personally identifiable information from a post on the grants website maintained under this section. (B) Adverse information An Executive agency may not post on the grants website maintained under this section any sensitive information that the head of the Executive agency determines would adversely affect an applicant. (e) Submission and publication of grant solicitation 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 forecast, in accordance with paragraph (2), of any nonemergency grant solicitation that the Executive agency expects to issue for the following calendar year, which— (A) shall be based on the best information available; and (B) shall not be binding on the Executive agency. (2) Matters included The forecast required under paragraph (1) shall include, to the extent practicable, for each expected grant solicitation in a machine-readable format the following: (A) A brief description of the subject and purpose of the grant, organized by the organizational unit of the Executive agency. (B) Contact information for the organizational unit or individual responsible for the grant, if known, including name, telephone number, and electronic mail address. (C) Each expected or actual date for the issuance of the grant solicitation and application and the grant application submission deadline. (D) The estimated amount of the average grant award, the estimated maximum and minimum amounts of the grant award, if applicable, and the estimated total number of grant awards to be made. (E) A description of the total amount available to be awarded. (f) Publication of information (1) In general Except as provided in paragraph (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 Information Act ). (2) Limitation The exemption under section 552(b)(5) of title 5 shall not exempt from publication predecisional documents required to be posted pursuant to the requirements under subsection (d)(2). (g) Transparency of information To the extent practicable, the grants website maintained under this section shall do the following: (1) Make available information described in this section— (A) in its original format; and (B) without charge, license, or registration requirement. (2) Permit the information described in this section to be— (A) searched; (B) downloaded in bulk; (C) disseminated via automatic electronic means; and (D) freely shared by the public, such as by social media. (3) Use permanent uniform resource locators for the information described in this section. (4) Provide an opportunity for the public to provide input about the usefulness of the site and recommendations for improvements. 7404. Postdecision explanation for failed applicants 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. . (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) Inspector General review of peer review process (1) Review Not later than 18 months after the date of the enactment of this Act, 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 Executive agency, including a review of a random selection of peer review processes, with respect to the peer review process for competitive grants in order to detect favoritism. (2) Definitions In this subsection, the terms competitive grant and Executive agency have the meaning given those terms in section 7401 of title 31, United States Code, as added by subsection (a). (d) Grants workforce report (1) Definitions In this subsection: (A) Executive agency The term Executive agency has the meaning given the term in section 105 of title 5, United States Code, except the term does not include the Government Accountability Office. (B) Federal grants workforce The term Federal grants workforce , with respect to an Executive agency, means each employee of the Executive agency who spends some or all of their time engaged in any of the following: (i) Grant planning, including any programmatic activity. (ii) Preparing grant solicitations, Notices of Funding Opportunity, Notices Inviting Applications, or other requests for grant proposals. (iii) Evaluating or reviewing grant applications, including serving on a peer review board. (iv) Monitoring or administering grant performance by grantees. (v) Preparing the Notice of Award and negotiating terms and conditions. (vi) Post-award closeout activities, including final technical and financial reports. (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 Oversight and Accountability of the House of Representatives a report on the Federal grants workforce, which shall address the following: (A) The size of the Federal grants workforce and expected trends in Federal employment for the Federal grants workforce. (B) The adequacy of training opportunities for the Federal grants workforce. (C) Whether the Federal Acquisition Institute or any other existing entity engaged in acquisition 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 authorized to award grants. (E) The use by Executive agencies of suspension 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 suspension and debarment functions. (F) Any recommendations for improving the Federal grants workforce. B Publication of Opinions of Office of Legal Counsel 611. Short title This subtitle may be cited as the See UNdisclosed Legal Interpretations and Get Honest Transparency Act of 2024 or as the SUNLIGHT Act of 2024 . SLWalker: Good to go per Megan 10/16/23 612. 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 enactment of this Act for an opinion issued on or after January 20, 1993; (3) not later than 2 years after the date of enactment of this Act for an opinion issued on or after January 20, 1981 and before or on January 19, 1993; (4) not later than 3 years after the date of enactment of this Act for an opinion issued on or after January 20, 1969 and before or on January 19, 1981; and (5) not later than 4 years after the date of enactment of this Act for all other opinions. 613. Exceptions and limitation on public availability 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 secret, under criteria established by an Executive order, in the interest of national defense or foreign 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 access 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 confirmed to Federal office; (3) information contained in the opinion is specifically exempted from disclosure by statute (other 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 withholding or refers to particular types of material to be withheld; (4) information in the opinion includes trade secrets and commercial or financial information obtained from a person and privileged or confidential whose disclosure would likely cause substantial harm to the competitive position of the person from whom the information was obtained; (5) the President, in his or her sole and nondelegable determination, formally and personally claims in writing that executive privilege prevents the release of the information and disclosure would cause specific identifiable harm to an interest protected by an exception or the disclosure is prohibited by law; or (6) 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. (b) Determination To withhold Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney 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, subject 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 essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. A notation must be included in any published list of OLC opinions regarding the extent of the withholdings. (d) No limitation on relief A decision by the Attorney General to release or withhold information pursuant 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 information. (e) Reasonably segregable portions of opinions to be published Any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this 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 information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made. 614. Method of publication The Attorney General shall publish each final OLC opinion to the extent the law permits, including by publishing the opinions on a publically accessible website that— (1) with respect to each opinion— (A) contains an electronic copy of the opinion, including any transmittal letter associated with the opinion, in an open format that is platform independent and that is available to the public without restrictions; (B) provides the public the ability to retrieve an opinion, to the extent practicable, through searches based on— (i) the title of the opinion; (ii) the date of publication or revision; or (iii) the full text of the opinion; 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 accessing 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 Act. 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 subsection (a) shall comply with the following: (1) The list must be made available to the public 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 revised; (iii) each author’s name; (iv) each recipient’s name; (v) a summary of the opinion; (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. 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 Columbia, 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 information 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. 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 of the application of such provisions to other persons and circumstances shall not be affected thereby. 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 Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511–513 of title 28, United States Code. Where the communication of the legal interpretation takes place verbally, a memorialization of that communication 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 contractors are relying on; (3) is relied upon to formulate legal guidance; or (4) is directly or indirectly cited in another Office of Legal Counsel opinion. (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. C Contempt of Congress Procedures and Enforcement 621. Availability of civil action to enforce House of Representatives subpoenas SLWalker: Noah (a) Civil action The House of Representatives may in a civil action obtain any appropriate relief to enforce 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 Unless the House otherwise provides, the Office of the General Counsel of the House of Representatives shall represent 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 informational injury to the right of the House to make an investigation, within that territorial jurisdiction; or (2) otherwise has a reasonable relationship to contacts of the defendant with the territorial jurisdiction. (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 privileged based upon the President’s generalized interest in confidentiality, the House may overcome this presumption by showing that— (A) the House, or a committee or subcommittee 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 available. (2) Enforcement If the court determines that the House, or a committee or subcommittee thereof, has made the showing described in paragraph (1), it shall enforce the subpoena or order involved. (e) Expedition of trial and appellate proceedings The court shall hear and determine a civil action under this section as expeditiously as possible, and to the maximum extent practicable during the Congress in which the action is commenced. Any appellate proceedings 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. 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 section 102 of the Revised Statutes of the United States ( 2 U.S.C. 192 ) or that any person has violated such section at the direction of the President or another officer of the Executive branch, the procedures of this section apply. (2) Certification by speaker In accordance with section 104 of the Revised Statutes of the United States ( 2 U.S.C. 194 ), upon the finding by 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 appointment of special counsel If— (A) the Attorney General or the United States attorney to whom the finding was certified 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 subsection (c). It shall be the duty of the Attorney General 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 interested congressional party, may file with the Special Division a suggestion that circumstances giving rise to a duty to appoint a special counsel have occurred after the 30-day period ends without the return of an indictment. (b) Special division (1) Establishment There is hereby established 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. (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 prosecutorial jurisdiction of special counsel, and administrative matters relating to the special counsel (1) Appointment, qualifications, and prosecutorial jurisdiction of special counsel (A) Appointment and qualifications The Special Division shall appoint the special counsel, who must be an attorney in good standing with substantial prosecutorial experience— (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 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 counsel’s prosecutorial jurisdiction as comprising the investigation and prosecution of the alleged violation, 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 jurisdiction 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 prosecutorial functions and powers, and any other functions 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 exercise direction or control as to those matters that specifically require the Attorney General’s personal action under section 2516 of title 18, United States Code. (3) Compliance with policies of the department of justice (A) In general A special counsel shall, except to the extent that to do so would be inconsistent 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 counsel 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. (6) Expenses The Department of Justice shall pay all costs relating to the establishment and operation of any office of special counsel. The Attorney General shall submit to the Congress, not later than 30 days after the end of each fiscal year, a report on amounts paid during that fiscal year for expenses of investigations and prosecutions the special counsel. (7) Report to congress Each special counsel 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 investigation 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 removed from office, other than by impeachment and conviction, only by the personal action of the Attorney General, and only for good cause, physical or mental disability, or any other condition that substantially impairs the performance of that special counsel’s duties. (2) Report upon removal If a special counsel is removed from office, the Attorney General 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 review of the removal in a civil action. The Special Division may not hear or determine any appeal of a decision 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 continue the functions of the special counsel. (e) Termination of special counsel’s authority (1) In general The authority of the special counsel shall cease 2 years after the date of the special 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 tactics by persons who could provide evidence that would significantly assist the investigation or prosecution, and also includes the need to allow the special counsel to participate in any appellate proceedings related to prosecutions engaged in by the special counsel. (2) Termination by court The Special Division, 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 within the prosecutorial jurisdiction of such special counsel, and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecutions. 623. Increase in penalty for contempt of Congress 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 inserting fined not more than $1,000,000 or imprisoned not more than 2 years, or both . 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 purposes , 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 paragraph (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 relates to the House of Representatives, or any citation 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 begins on the date of the enactment of this Act. 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 subsequent resolution authorizes the commencement of that civil action. (b) Representation by general counsel Unless the House otherwise provides, the Office of the General Counsel of the House of Representatives shall represent 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 informational injury to the right of the House to make an investigation, within that territorial jurisdiction; or (2) otherwise has a reasonable relationship to contacts of the defendant with the territorial jurisdiction. (d) Expedition of trial and appellate proceedings The court shall hear and determine a civil action under this section as expeditiously as possible, and to the maximum extent practicable during the Congress in which the action is commenced. Any appellate proceedings 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. 626. No effect of expiration of Congress on pending actions Any civil action commenced by the House of Representatives pursuant to this subtitle, and the authority of the Office of the General Counsel of the House of Representatives with respect to the action, shall not be rendered moot or otherwise affected as the result of the expiration of the Congress in which the House commenced the action. D Promoting Accountability and Security in Transitions 631. Short title This subtitle may be cited as the Promoting Accountability and Security in Transitions Act of 2024 or the PAST Act of 2024 . SLWalker: Sally (all of subtitle D), except sections 639 and 640 (Tom C.) 632. Sense of Congress The sense of Congress is the following: (1) The preservation of Presidential records (as defined in section 2201 of title 44, United States Code) is a legal obligation for every Presidential administration, as Presidential records are the most important and widely used source for studying how the executive branch of the Federal Government works, how it has changed over time, and how it might evolve to serve the needs of a new era. (2) The preservation of Presidential records is therefore vital for— (A) the public to be able to understand and learn from the past; (B) future policymaking to build on the past administration’s successes and experience; (C) ensuring accountability for results, performance, and conduct; and (D) other purposes that serve to strengthen American democracy. (3) Any effort to destroy, alter, or remove Presidential records in violation of chapter 22 of title 44, United States Code— (A) threatens the values described in paragraph (2); and (B) may subject a person engaging in such efforts to other criminal penalties under section 641 or 2071 of title 18, United States Code. (4) The lawful disposal of Presidential records that no longer have administrative, historical, informational, or evidentiary value must follow a process as described in section 2203 of title 44, United States Code. (5) What constitutes a Presidential record is determined solely by whether the record relates to the carrying out of constitutional, statutory, or other official or ceremonial duties of the President , as indicated in the definition of the term Presidential records in section 2201 of title 44, United States Code, and by the content of the information contained in the record. (6) For communication between agencies and the Executive Office of the President, the copy of the record belonging to the agency is retained as an agency record pursuant to section 3301 of title 44, United States Code. (7) Consistent with section 2203 of title 44, United States Code, any Presidential records created with non-official electronic media shall be preserved , which includes a comprehensive documentation of all records and associated metadata and attachments. (8) Applications or software with an automatic deleting functionality are antithetical to the legal and historical obligations described under chapter 22 of title 44, United States Code. (9) Periods of Presidential transition are moments where the national security of the United States is most vulnerable, necessitating an early, good faith, and consistent commitment by the outgoing administration to ensure continuity of operations as it relates to national security and protecting critical infrastructure, among other reasons. (10) Agencies and the Executive Office of the President are required by law to cooperate with the Archivist of the United States and the Federal Transition Coordinator of the General Service Administration, who is tasked with ensuring agencies comply with all statutory requirements relating to transition planning under section 4(c) of the Presidential Transition Act of 1963 ( 3 U.S.C. 102 note). (11) During a Presidential transition, Presidential records, which contain valuable information regarding agreements or negotiations with foreign governments and international organizations and the actions and beliefs of foreign nations or actors are of enormous value to the national security. (12) Any effort to delay briefings, coordination, and sharing information regarding key national security relationships, threats, and operations with an incoming administration or the destruction, removal, or alteration of Presidential records that attest to the information described in this section could pose a grave danger to the national security. (13) An expeditious ascertainment of the plausible President-elect and Vice-President-elect by the Administrator of General Services plays a vital role in ensuring continuity of Government and protecting national security such that the risk of redundant expenditure is overwhelmed by the advantages of an early access to transition resources to allow for transition planning. (14) The National Archives and Records Administration plays an essential role in ensuring the official proceedings of Government are documented to improve democracy in the United States, protect national security, provide continuity of Government during a transition, and promote accountability for actions taking during a Presidency. (15) The robust funding of the National Archives and Records Administration and protection of its officers and employees from political interference is a national imperative and must be a priority for Congress. 633. Definitions Section 2201 of title 44, United States Code, is amended— (1) in paragraph (1), by inserting , and includes the metadata associated with all such material before the period; and (2) by adding at the end the following: (6) The term electronic messaging account includes electronic mail, chat or instant messaging, text messaging, voicemail messaging, and other messaging platforms or apps, such as social media or mobile applications, among other applications. (7) The term official electronic messaging account includes electronic messaging accounts provided by an executive agency or the Executive Office of the President. (8) The term dispose , with respect to documentary material, means to remove, deface, alter, corrupt, delete, erase, or otherwise destroy the documentary material. . 634. Management and custody of Presidential records (a) In general Section 2203 of title 44, United States Code, is amended— (1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively; (2) by redesignating subsection (d) as subsection (e); (3) by striking subsection (c) and inserting the following: (c) The President shall obtain the advice of the Archivist in applying standards, procedures, and techniques designed to— (1) improve the management of records; (2) promote the maintenance and security of records determined appropriate for preservation; and (3) facilitate the segregation and disposal of records of temporary value. (d) (1) During the President’s term of office, if the President wishes to dispose of those Presidential records of such President that no longer have administrative, historical, informational, or evidentiary value— (A) the President shall request, in writing, the views of the Archivist concerning the proposed disposal of such Presidential records; and (B) the Archivist shall indicate, in writing, whether the Archivist intends to take any action under subsection (g) of this section with respect to the Presidential records. (2) Not later than 5 business days after the date on which the Archivist provides a written indication under paragraph (1)(B), the Archivist shall make publicly available on a website any communications received or sent by the Archivist regarding the potential disposal of Presidential records under paragraph (1). ; (4) in subsection (e), as so redesignated— (A) by striking subsection (c) and inserting subsection (d) ; and (B) by striking subsection (e) and inserting subsection (g) ; and (5) by inserting after subsection (e), as so redesignated, the following: (f) In January of each even-numbered year, the Archivist shall, in coordination with the Office of Administration of the Executive Office of the President, submit to the Chairman and Ranking Member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives and to the President a report that— (1) is based on inspections conducted by the Archivist, in coordination with the Office of Administration of the Executive Office of the President, of the Presidential records management programs of the Executive Office of the President; and (2) evaluates— (A) the records management activities and training conducted and standard operating procedures and guidance issued pursuant to this section; and (B) responses to any recommendations resulting from inspections or studies conducted under this section. . (b) Conforming amendments (1) Section 2105(a)(2) of title 44, United States Code, is amended by striking paragraph (f)(2) and inserting subsection (i)(2) . (2) Chapter 22 of title 44, United States Code, is amended— (A) in section 2204(b)(2)(A), by striking section 2203(d)(1) and inserting 2203(i)(1) ; and (B) in section 2206(1), by striking section 2203(f)(3) and inserting section 2203(i)(4) . 635. Restrictions on access to Presidential records Section 2204 of title 44, United States Code, is amended— (1) in subsection (b)(3), by striking shall not be subject to judicial review, except as provided and inserting shall be subject to judicial review, including as provided ; and (2) in subsection (e)— (A) by inserting (1) before The United States ; and (B) by adding at the end the following: (2) (A) A person seeking access to a Presidential record to which access is restricted under subsection (a) may file an action in the United States District Court for the District of Columbia seeking release of the Presidential record. (B) In an action filed under subparagraph (A), the court shall direct the release of a Presidential record, or a reasonably segregable portion thereof, if the court determines that the Presidential record, or the reasonably segregable portion thereof, is not within any of the categories specified in subsection (a) and there is not a valid claim of constitutionally based privilege against disclosure. . 636. Exceptions to restricted access Section 2205(2)(C) of title 44, United States Code, is amended— (1) by striking to any committee or subcommittee thereof and inserting upon request by the Chairman or Ranking Member of a committee or subcommittee thereof, to such Chairman or ranking member, ; and (2) by striking its business and inserting the business of the committee or subcommittee . 637. Regulations Section 2206 of title 44, United States Code, is amended— (1) by inserting (a) before The Archivist ; (2) in subsection (a), as so designated— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (5) provisions— (A) for what constitutes official and non-official electronic messaging accounts; and (B) establishing procedures for documenting— (i) Presidential records created on non-official electronic messaging accounts (including emerging technologies, applications, and platforms); and (ii) required metadata; (6) provisions for the preservation of digital media, including from social media accounts, that may appear to be personal records or private property but the preservation of which may be required under this chapter; and (7) provisions for the appropriate circumstances and controls for the use of messaging applications and software with automatic deleting or other similar functionalities. ; and (3) by adding at the end the following: (b) The Archivist shall issue, and shall annually update, implementation guidance with respect to the regulations described in paragraphs (5) and (6) of subsection (a). . 638. Disclosure requirement for official business conducted using non-official electronic messaging accounts (a) In general Section 2209(a) of title 44, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking create or send and inserting create, send, or receive ; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margin accordingly; and (3) by striking The President, and inserting the following: (1) Limitations Not later than 90 days after assuming office, the President shall publicly release guidelines for officers and employees of the Executive Office of the President who create or receive documentary material that— (A) prohibit the use of non-official electronic messaging accounts that cannot be easily copied or forwarded to an official electronic messaging account for official business; and (B) prohibit the use of messaging accounts or software with automatic deleting or other similar functionalities. (2) Requirements for use The President, . 639. Presidential Transition Act of 1963 The Presidential Transition Act of 1963 ( 3 U.S.C. 102 note) is amended— (1) in section 3— (A) in subsection (a)(8)(A), by striking clause (v) and inserting the following: (v) (I) (aa) Activities under this paragraph shall include the preparation of a detailed classified, compartmented summary by the relevant outgoing executive branch officials of— (AA) specific strategic, tactical, and operational threats to national security; (BB) major military or covert operations; and (CC) pending decisions on possible uses of military force or covert actions. (bb) The summary prepared under item (aa) shall be provided to the President-elect and members of office staff with appropriate clearances that are designated by the President-elect as soon as possible after the date of the general elections held to determine the electors of President and Vice President under section 1 or 2 of title 3, United States Code. (II) The Archivist of the United States shall collaborate with the Federal Transition Coordinator and agencies, including the Executive Office of the President, to ensure that the President-elect and members of office staff with appropriate clearances that are designated by the President-elect can easily access national security information (including documents, videos, audio, and briefings) created by the previous administration after the inauguration of the President-elect. (III) The Archivist of the United States shall submit to the Chairman and Ranking Member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report if the Archivist of the United States believes there appears to be noncompliance with the requirements under this clause. ; and (B) in subsection (c)— (i) by redesignating paragraph (3) as paragraph (4); and (ii) by inserting after paragraph (2) the following: (3) (A) Not later than 6 days after the date of a general election described in paragraph (1), the Administrator shall make the ascertainment described in paragraph (1) without any interference or undue pressure from the President or a candidate for President, or any representative thereof, based on provisional results from State election officials and expert analysis of results. (B) Given the imperatives of an orderly transition, if there is a plausible chance that the apparent successful candidate for the office of President and Vice President, respectively, are not the incumbent, or if the incumbent was not a candidate, the Administrator shall provide a portion of the services and facilities authorized to be provided under this section to all parties with a plausible chance of being the successful candidate. ; and (2) in section 4— (A) in subsection (d)— (i) in paragraph (2)— (I) in subparagraph (B), by striking and at the end; (II) in subparagraph (C), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (D) under the guidance of the Archivist of the United States, monitor compliance with chapter 22 of title 44, United States Code, including the preservation of all records and prevention of any records from being disposed unless done in accordance with such chapter. ; (ii) in paragraph (3)— (I) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (II) by inserting after subparagraph (B) the following: (C) the Archivist of the United States; ; and (iii) by adding at the end the following: (5) Role of the Archivist (A) In general Not later than 120 days before the date of a Presidential election, the Archivist of the United States shall send a written communication to all officers and employees of the Executive Office of the President who create or receive documentary material (as defined under section 2201 of title 44, United States Code)— (i) describing the requirements under chapter 22 of title 44, United States Code; and (ii) establishing a timeline for cooperation with the Archivist of the United States to ensure an orderly and timely transition of records subject to such chapter if there is a Presidential transition. (B) Reporting (i) In general Not later than 30 days after the date of a Presidential election which results in a Presidential transition, the Archivist of the United States, in coordination with the Federal Transition Coordinator, shall submit to the Chairman and Ranking Member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report discussing the status of the transition activities of the White House Transition Coordinating Council and identifying concerns, if any, regarding compliance with chapter 22 of title 44, United States Code. (ii) Noncompliance The Archivist of the United States shall submit to the Chairman and Ranking Member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report if the Archivist of the United States believes there appears to be noncompliance with the requirements or timeline described in subparagraph (A). ; (B) in subsection (e)(2)— (i) in subparagraph (D), by striking and at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (F) under the guidance of the Archivist of the United States, monitor compliance with chapter 22 of title 44, United States Code, including the preservation of all records and prevention of any records from being disposed unless done in accordance with such chapter. ; (C) by redesignating subsection (i) as subsection (j); and (D) by inserting after subsection (h) the following: (i) Role of the Archivist (1) In general Not later than 120 days before the date of a Presidential election, the Archivist of the United States shall send a written communication to the head of each agency— (A) describing the requirements under chapter 33 of title 44, United States Code; and (B) establishing a timeline for cooperation with the Archivist of the United States to ensure an orderly and timely transition of records subject to such chapter if there is a Presidential transition. (2) Reporting (A) In general Not later than 30 days after the date of a Presidential election which results in a Presidential transition, the Archivist of the United States, in coordination with the Federal Transition Coordinator, shall submit to the Chairman and Ranking Member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report discussing the status of the transition activities of agencies and identifying concerns, if any, regarding compliance with chapter 33 of title 44, United States Code. (B) Noncompliance The Archivist of the United States shall submit to the Chairman and Ranking Member of each committee of jurisdiction of either House of Congress, of the Committee on Appropriations of the Senate, and of the Committee on Appropriations of the House of Representatives a report if the Archivist of the United States believes there appears to be noncompliance with the requirements or timeline described in paragraph (1). . 640. Former Presidents The Act entitled An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes , approved August 25, 1958 (commonly known as the Former Presidents Act of 1958 ) ( 3 U.S.C. 102 note), is amended by adding at the end the following: (h) If the Archivist of the United States determines that a former President did not comply with major requirements under chapter 22 of title 44, United States Code, or the Presidential Transition Act of 1963 ( 3 U.S.C. 102 note), the monetary amounts described in subsections (a) and (b) shall be withheld until the later of— (1) 1 year after the date on which the Archivist makes that determination; or (2) the date on which the Archivist determines the former President has adequately complied with the requirements. . 641. Presidential archival depository Section 2112 of title 44, United States Code, is amended— (1) in subsection (b)— (A) by striking When the Archivist and inserting (1) Subject to paragraph (2), when the Archivist ; and (B) by adding at the end the following: (2) The Archivist may not deposit papers, documents, or other historical materials accepted under section 2111 of this title or other Federal records appropriate for preservation in a Presidential archival depository relating to a former President under paragraph (1) until after the date on which the Archivist determines that the former President has adequately complied with the requirements under chapter 22 relating to Presidential records (as defined in section 2201). ; (2) in subsection (g), by adding at the end the following: (6) (A) Notwithstanding paragraphs (3), (4), and (5) (to the extent that such paragraphs are inconsistent with this paragraph), this subsection shall be administered in accordance with this paragraph with respect to any Presidential archival depository created as a depository for the papers, documents, and other historical materials and Presidential records pertaining to any President who takes any action, including destruction, alteration, concealment, or removal, that threatens or damages the integrity and statutory preservation requirements under chapter 22 for Presidential records (as defined in section 2201). (B) For purposes of subparagraphs (A)(ii), (B)(i)(II), and (B)(ii)(II) of paragraph (3) the percentage of 100 percent shall apply instead of 60 or 20 percent. ; and (3) by adding at the end the following: (h) None of the funds in the account in the National Archives Trust Fund that may be expended for the benefit and in the interest of a Presidential archival depository relating to a former President may be used for the cost of digitizing records the former President wishes to deposit in and make available through the Presidential archival depository. . VII STRENGTHENING THE FREEDOM OF INFORMATION ACT 701. Digital access to records made available under the Freedom of Information Act Section 552(a)(3) is amended by adding at the end the following: (F) Not later than two months after the date on which the head of an agency makes a record available to a person under this paragraph, the head of the agency shall make available on the website of the agency, at no cost to the public and in a searchable, sortable, downloadable, and machine-readable format, electronic copies of the request for the record and any response provided to the person that made the request for the record (including the record made available to the person), unless the head of the agency determines that the excessive cost of making such copies available on the website would place an undue burden on the agency. . 702. Freedom of Information Act Amendments (a) Disclosure of certain records Section 552(a)(2) of title 5, United States Code, is amended by adding at the end the following: (F) (i) materials related to the operations and establishment of advisory committees (as defined in section 1001) and any subcommittee thereof, including events, timelines, agendas, minutes, transcripts, recordings, committee member names and biographies, conflict of interest waivers, committee charters, and any other related materials; (ii) unclassified reports submitted to Congress by the head of the agency; (iii) unclassified testimony submitted to Congress by the head of the agency; (iv) agency organization charts and directories with the contact information for all offices of the agency; (v) any log relating to a request for a record under paragraph (3), including any tracking number assigned to the request, the date the request was received by the head of the agency, the subject of the request, and the disposition of the request; (vi) any record that reflects the official calendar of the head of the agency, including a record that reflects an event, meeting, or telephone call scheduled for the head of the agency; (vii) a list— (I) identifying— (aa) each contract or grant of the agency with a value exceeding $100,000,000; or (bb) the 10 contracts or grants of the agency with the highest value if fewer than 10 contracts or grants have a value exceeding $100,000,000; (II) the award ID for each such contract or grant; (III) a description of each such contract or grant, including the award type of the contract or grant; (IV) the recipient of each such contract or grant; (V) the start and end date each such contract or grant; and (VI) the total obligations related to the contract or grant; (viii) final reports or memoranda created by an entity other than the agency, including other Governmental entities, at the request of the head of the agency and used to make a final policy decision; (ix) any memorandum from the Office of Legal Council of the Department of Justice provided to the head of the agency; (x) any documents containing legal analysis relied upon formally or informally by the head of the agency to respond to the public; (xi) any documents containing legal analysis relied upon formally or informally by the head of the agency to inform policy analysis or policy determinations; and (xii) unclassified reports of the Inspector General of the agency. . (b) Access to electronic records by FOIA officers Section 552(a)(3)(C) of title 5, United States Code, is amended to read as follows: (C) In responding under this paragraph to a request for a record originally created in an electronic form or format, an agency shall make a reasonable effort to produce the record in that form or format, except when such an effort would significantly interfere with the operation of the automated information system of the agency. (D) For the purpose of responding under this paragraph to a request for a record, the Chief FOIA Officer of the agency may access and retrieve any such record without making a request to a document custodian of the agency for such access or retrieval. . (c) Clarifying authorization for court order compliance Section 552(a)(4)(B) of title 5, United States Code, is amended to read as follows: (B) (i) A person aggrieved by a failure of an agency to comply with any requirement of this section may bring an action against the agency in a district court of the United States. The district courts shall have original jurisdiction of all actions arising under this section. Venue over such an action is proper in the district in which the complainant resides, or has his principal place of business, or in which the agency records that are the subject of the action are situated, or in the District of Columbia. The court in such an action may— (I) enjoin the agency from withholding an agency record; (II) order the agency to publish records in the Federal Register as required by paragraph (1), and to require such publication on a continuing basis; (III) order the agency to make records available for public inspection in an electronic format as required by paragraph (2), and to require such public access on a continuing basis; (IV) order the agency to produce agency records in response to a request under paragraph (3); (V) provide relief to resolve any dispute over— (aa) the validity of a request under paragraph (3), including whether a request reasonably describes the records sought or has been submitted in accordance with an agency’s published rules and procedures; (bb) an agency’s interpretation of the scope of a request under paragraphs (1), (2), or (3); (cc) the validity of an agency determination under paragraph (6); (dd) the reasonableness of an agency’s search for records; (ee) the ability of an agency to reproduce a record in a particular form or format; (ff) the treatment of a record under paragraph (2) of subsection (f); (gg) any fee issue, including an agency’s denial of a request for the waiver or reduction fees; and (hh) the denial of a request for expedited processing; (VI) enjoin the agency from maintaining or applying any policy or practice that impairs lawful access to records or otherwise fails to abide by the terms of this section; (VII) issue a declaratory judgment, to the extent authorized by section 2201 of title 28; and (VIII) provide any other appropriate equitable relief to remedy a violation of this section. (ii) In any action brought under this section, the court shall determine the matter de novo. The court, may examine the contents of agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of this section. The burden is on the agency to sustain its action. In addition to any other matters to which a court accords substantial weight, a court shall accord substantial weight to an affidavit of an agency concerning the agency’s determination as to technical feasibility under paragraph (2)(C) and subsection (b), and reproducibility under paragraph (3)(B). . (d) Disclosure of certain commercial or financial information under FOIA Section 552(b)(4) of the United States Code is amended by inserting after confidential the following: except for commercial or financial information the disclosure of which under this subsection would not cause substantial harm to the person from any competitor of the person . (e) Additional matters To be included in annual report Section 552(e)(1) of title 5, United States Code, is amended— (1) in subparagraph (P), by striking ; and and inserting a semicolon; (2) in subparagraph (Q), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (R) a detailed description of any steps taken by the agency to design or format information or records, such that such information or records may be made available to the public under subsection (a); (S) the number of requests for records the agency found to be not reasonably described or unduly burdensome; and (T) the number of requests for records with respect to which the agency could neither confirm nor deny the existence of the records. . 703. Other matters (a) 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: , except for inter-agency and intra-agency memorandums or letters required to be disclosed under subsection (a), including— (A) opinions that are controlling interpretations 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 decision; or (C) guidance documents used by the agency to respond to the public. ; (C) in paragraph (6), by striking similar files and inserting files that contain personal information (such as contact information or financial information of a person) ; and (D) in the matter following paragraph (9)— (i) by inserting before Any reasonably 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 interest protected by an exemption ; and (ii) by inserting before If technically feasible, the following: For each record not released in whole or in part pursuant to the exemption under paragraph (3), the agency shall, at the time the agency provides the record or a response to the request for such record, identify that the record was not released in whole or in part pursuant to such exemption . (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 notification 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 for the denial or partial denial or any decision to withhold a responsive record under subsection (b). . (3) Provisions relating to the Office of Government Information Services Section 552(h) of title 5, United States Code, is amended by adding at the end the following: (7) Access to agency records The head of an administrative agency shall provide to the Director of the Office of Government Information Services any record requested by the Director for the purpose of carrying out mediation services pursuant to paragraph (3). . (b) Government accountability office Subsection (i) of section 552 of title 5, United States Code, is amended to read as follows: (i) The Comptroller General shall— (2) not later than one year following enactment of this clause, and every 2 years thereafter, audit each agency to determine compliance with and implementation of the requirements of this section and issue reports to the Committee on Judiciary of the House of Representatives and the Senate on the result of such audit; (3) catalog the matters specifically exempted from disclosure by statute pursuant to subsection (b)(3), and any use of such exemptions by agencies; and (4) review and prepare a report on the processing of requests by agencies for information pertaining to an entity that has received assistance under title I of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5211 et seq. ) during any period in which the Federal Government owns or owned more than 50 percent of the stock of such entity. . (c) Annual report by congressional research service Section 552 of title 5, United States Code, is amended by adding at the end the following: (n) Annual report by Congressional Research Service The Congressional Research Service shall, on an annual basis— (1) compile a list of statutes that specifically exempt records from disclosure pursuant to subsection (b)(3); and (2) make such list available to— (A) the Committee on Oversight and Accountability of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the public. . (d) Public interest balancing test Section 552(a)(8)(A)(i)(I) of title 5, United States Code is amended by inserting , and such harm outweighs the public interest (including the interest in furthering public understanding of the operations or decision making of an official or employee of an agency, facilitating the ability of the public to make informed decisions with respect to electoral or democratic processes, investigating any reasonable suspicion of governmental wrongdoing, and furthering public health or safety) in making available such information after described in subsection (b) . VIII IMPROVING TRANSPARENCY WITHIN THE JUDICIAL SYSTEM 801. Televising Supreme Court proceedings SLWalker: Good to go per Megan 10/16/23 (a) In general Chapter 45 of title 28, United States Code, is amended by adding at the end the following: 678. Televising supreme court proceedings The Supreme Court shall permit television coverage of all open sessions of the Court unless the Court decides, by a vote of the majority of justices, that allowing such coverage in a particular case would constitute a violation of the due process rights of one or more of the parties before the Court. . (b) Clerical amendment The chapter analysis for chapter 45 of title 28, United States Code, is amended by adding at the end the following: 678. Televising Supreme Court proceedings. . 802. Audio recording of Supreme Court proceedings The Chief Justice of the United States shall ensure that the audio of an oral argument before the Supreme Court of the United States is recorded and is made publicly available on the internet website of the Supreme Court at the same time that it is recorded. 803. Availability on the internet of financial disclosure reports of judicial officers Section 103 of the Ethics in Government Act of 1978 ( 5 U.S.C. App. 103 ), as amended by this Act, is further amended by inserting at the end the following: (n) The Judicial Conference shall make available any report filed with it under this title by a judicial officer within 48 hours of the applicable submission deadline on the website of the Judicial Conference in a searchable, sortable, downloadable, machine-readable format. . 804. GAO audit of pacer Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of the public access to court electronic records system maintained by the Administrative Office of the United States Courts, and shall submit to Congress, the Administrative Office of the United States Courts, and any other appropriate Federal agency or office, a report that contains the results of the audit, along with any recommendations for improving the public access to court electronic records system. 805. Electronic court records reform (a) Consolidation of the case management/Electronic case files system (1) In general Not later than 2 years after the date of the enactment of this Act, the Director of the Administrative Office of the United States Courts, in coordination with the Administrator of General Services, shall consolidate the Case Management/Electronic Case Files system, and shall develop one system for all filings with courts of the United States, which shall be administered by the Administrative Office of the United States Courts. (2) Use of technology In developing the system under paragraph (1), the Director shall use modern technology in order— (A) to improve security, data accessibility, affordability, and performance; and (B) to minimize the burden on pro se litigants. (3) Availability to states (A) In general A State may choose to participate in the system developed under this subsection. (B) Fee The Director shall charge a fee to a State that chooses to participate in the system, which is set at a level to recover the cost of providing the services associated with the administration and maintenance of the system to the State. (b) Public access to court electronic records system requirements (1) In general Not later than 2 years after the date of the enactment of this Act, the Director of the Administrative Office of the United States Courts, in coordination with the Administrator of General Services, shall update the Public Access to Court Electronic Records system, which shall be subject to the following requirements: (A) A document filed with a court shall be made publicly accessible upon filing, except as ordered by a court or by rule of the Judicial Conference. (B) All documents on the system shall be available to the public and to parties before the court free of charge. (C) Any information that is prohibited from public disclosure by law or court order shall be redacted. (D) All documents shall be text-searchable and machine-readable. (E) To the extent practicable, external websites shall be able to link to documents on the system. (F) The system shall include digital audio and visual files of court recordings, when such files are available. (G) The system shall provide search functions for public use. (2) Minimizing the burden on pro se litigants In developing the system to comply with the requirements under paragraph (1), the Director shall, to the extent practicable, not impose a disproportionate impact on pro se litigants. (3) Use of technology In developing the system under paragraph (1), the Director shall use modern technology in order— (A) to improve security, data accessibility, affordability, and performance; and (B) to minimize the burden on pro se litigants. (4) Authority to exempt certain documents The Director may identify categories of documents which are not made publicly accessible under subsection (a)(1), and categories of court proceedings, the recordings of which are not made available under paragraph (1)(F). (c) Definition of machine-Readable In this section, the term machine-readable means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost. IX ENFORCEMENT 901. Report by the Government Accountability Office (a) Study The Comptroller General of the United States shall conduct an annual audit of the activities of agencies in the legislative and executive branch to determine, with respect to in the year prior to the study— (1) whether data required by law to be provided to the public through the Internet by an agency in the legislative or executive branch of the Federal Government was— (A) made available in accordance with the law, except for data that is subject to privacy, security, or privilege exemptions; (B) collected at the source, with the highest possible level of granularity, not in aggregate or modified forms; (C) made available as quickly as necessary to preserve the value of the data; (D) available to the widest range of users for the widest range of purposes; (E) reasonably structured to allow automated processing; (F) available to anyone, with no registration requirement; (G) available in a format over which no person has exclusive control; and (H) subject to any copyright, patent, trademark, or trade secret protections (with reasonable privacy, security, and privilege restrictions); and (2) determine whether the data provided to the public under this Act is produced and maintained using any standard for data publication required by a law, regulation, executive order, or policy of the Federal Government, including any such standard established by the National Technology Transfer and Advancement Act of 1995 (Public law 104–113), the DATA Act ( Public Law 101–113 ), or OMB Circular A–119. (b) Report The Comptroller General shall submit a report on the results of each audit required by subsection (a) to the Committee on Oversight and Accountability of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. X MISCELLANEOUS 1001. Transfer of certain records to archivist of United States (a) In general Subject to subsection (b), not later than 90 days after the date of the enactment of this Act, the Attorney General of the United States shall transfer to the Archivist of the United States each record— (1) created during the period beginning on January 1, 1981, and ending December 31, 1986; and (2) subject to Item 7 of Records Schedule N1–60–10–31 of the National Archives and Records Administration. (b) Retention (1) In general Not later than 60 days after the date of the enactment of this Act, the Attorney General of the United States may submit to the Archivist of the United States a written request to retain any record described in subsection (a), in accordance with section 1235.14 of title 36, Code of Federal Regulations. The Archivist shall approve or deny each such request not later than 60 days after receiving the request. (2) Transfer of records after denial Not later than 30 days after the Archivist of the United States denies a request under paragraph (1), the Attorney General shall transfer to the Archivist each record for which the request for retention has been denied. (c) Enforcement If the Attorney General fails to comply with the requirements of this section, the Archivist of the United States may bring an action in the proper district court of the United States to enforce compliance with this section. 1002. Data standards (a) In general Subtitle A of title I of the Financial Stability Act of 2010 ( 12 U.S.C. 5311 et seq. ) is amended by adding at the end the following: 124. Data standards (a) In general The Secretary of the Treasury shall, by rule, promulgate data standards for the information reported to member agencies by financial entities under the jurisdiction of the member agency and the data collected from member agencies on behalf of the Council. (b) Standardization Member agencies, in consultation with the Secretary of the Treasury, shall implement regulations promulgated by the Secretary of the Treasury under subsection (a) to standardize the types and formats of data reported to member agencies or collected on behalf of the Council, as described under subsection (a). If a member agency fails to implement such regulations prior to the expiration of the 3-year period following the date of publication of final regulations, the Secretary of the Treasury, in consultation with the Chairperson, may implement such regulations with respect to the financial entities under the jurisdiction of the member agency. (c) Data standards (1) Common identifiers and data formats The data standards promulgated under subsection (a) shall include— (A) common identifiers for information reported to member agencies or collected on behalf of the Council, including a common legal entity identifier for all entities required to report to member agencies; and (B) common data formats for information reported to member agencies or collected on behalf of the Council. (2) Data standard requirements The data standards promulgated under subsection (a) shall, to the extent practicable— (A) render information fully searchable and machine-readable; (B) be nonproprietary; (C) incorporate standards developed and maintained by voluntary consensus standards bodies; and (D) be consistent with and implement applicable accounting and reporting principles. (3) Consultation In promulgating data standards under subsection (a), the Secretary of the Treasury shall consult with other Federal departments and agencies and multi-agency initiatives responsible for Federal data standards. (4) Interoperability of data In promulgating data standards under subsection (a), the Secretary of the Treasury shall seek to promote interoperability of financial regulatory data across members of the Council. . (b) Clerical amendment The table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section 123 the following: Sec. 124. Data standards. .