[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3154 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3154

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2018

Mr. Wyden (for himself, Mr. Sanders, and Mr. Van Hollen) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring Oversight for Members of 
Congress Act''.

SEC. 2. RESTORING OVERSIGHT THROUGH ACCESS TO FEDERAL FACILITIES FOR 
              MEMBERS.

    (a) Definitions.--In this section--
            (1) the term ``committee of jurisdiction'', with respect to 
        a Federal facility, means the committee of the Senate or the 
        House of Representatives with jurisdiction of the activities 
        carried out at the Federal facility;
            (2) the term ``Federal facility''--
                    (A) means a facility, or portion of a facility, 
                that is owned or controlled by the Federal Government; 
                and
                    (B) includes--
                            (i) a facility, or portion of a facility, 
                        used by the Federal Government under a contract 
                        or lease; and
                            (ii) a facility, or portion of a facility, 
                        at which operations are carried out under the 
                        authority of the Federal Government granted 
                        under a contract or other agreement with the 
                        Federal Government; and
            (3) the term ``Member of Congress''--
                    (A) has the meaning given that term under section 
                2106 of title 5, United States Code; and
                    (B) does not include the Vice President.
    (b) Access to Facilities.--Subject to subsection (c)(4), the head 
of the agency that controls access to a Federal facility, or the 
manager of the Federal facility, shall provide a Member of Congress 
seeking access to the Federal facility with immediate access to the 
Federal facility.
    (c) Restrictions of Access for National Security Reasons.--
            (1) In general.--If the head of an agency wishes to 
        restrict the access of Members of Congress to a Federal 
        facility for national security reasons, the head of the agency 
        shall submit to the committee of jurisdiction of each House of 
        Congress a report explaining the articulable national security 
        damage that would result from providing access to the Federal 
        facility to a Member of Congress.
            (2) Negotiated protocols.--If the head of an agency submits 
        a report under paragraph (1) with respect to a Federal 
        facility, the committees of jurisdiction shall seek to 
        negotiate with the head of the agency protocols under which all 
        Members of Congress may access the Federal facility.
            (3) Report seeking to limit access.--If the head of an 
        agency determines that the agency does not believe protocols 
        can be established under which all Members of Congress may 
        access the Federal facility, the head of the agency shall 
        submit to the committee of jurisdiction of each House of 
        Congress a report explaining the national security reasons that 
        such protocols cannot be established.
            (4) Limit on access.--
                    (A) In general.--Except as provided in subparagraph 
                (B), for a Federal facility with respect to which the 
                head of an agency submits a report under paragraph (3), 
                with the approval of the Chairman and Ranking Member of 
                the committee of jurisdiction of each House of 
                Congress, access to the Federal facility may be limited 
                for national security reasons to Members of Congress 
                who are members of a committee of jurisdiction.
                    (B) Certain overseas facilities.--For a Federal 
                facility that is located outside the United States and 
                presents exceptional physical security concerns with 
                respect to which the head of an agency submits a report 
                under paragraph (3), with the approval of the Chairman 
                and Ranking Member of the committee of jurisdiction of 
                each House of Congress, the Federal facility may be 
                restricted for national security reasons from all 
                access by Members of Congress.
            (5) Access to facilities.--
                    (A) Protocols.--If the head of an agency and the 
                committees of jurisdiction negotiate protocols under 
                paragraph (2) with respect to a Federal facility, the 
                head of the agency that controls access to a Federal 
                facility, or the manager of the Federal facility, shall 
                provide a Member of Congress seeking access to the 
                Federal facility with immediate access to the Federal 
                facility in accordance with such protocols.
                    (B) Disapproval.--If the Chairman and Ranking 
                Member of the committee of jurisdiction of each House 
                of Congress do not approve restricting access to a 
                Federal facility under subparagraph (A) or (B) of 
                paragraph (4), the head of the agency that controls 
                access to a Federal facility, or the manager of the 
                Federal facility, shall provide a Member of Congress 
                seeking access to the Federal facility with immediate 
                access to the Federal facility in accordance with 
                subsection (b).
            (6) Nondelegation.--The duties and authorities of the head 
        of an agency under paragraphs (1) through (4) may not be 
        delegated.
    (d) Contracts.--The head of each agency shall ensure that any 
contract, lease, or other agreement with a non-Federal individual or 
entity relating to a Federal facility that is entered into or modified 
after the date of enactment of this Act includes a requirement to 
provide access to Members of Congress in accordance with this Act.
    (e) Penalties.--Any person who violates this Act, including the 
head of an agency, any officer or employee to whom duties under this 
Act are delegated, and any individual or entity entering a contract or 
lease with the Federal Government relating to a Federal facility, shall 
be fined under title 18, United States Code, imprisoned for not more 
than 1 year, or both.
    (f) Findings.--A Member of Congress may enter a statement into the 
Congressional Record detailing the findings of the Member of Congress 
based on accessing a Federal facility.
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