[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2019 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2019
To ensure Members of Congress have access to Federal facilities in
order to exercise their Constitutional oversight responsibilities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 2019
Mr. Wyden (for himself, Mr. Sanders, and Mr. Van Hollen) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To ensure Members of Congress have access to Federal facilities in
order to exercise their Constitutional oversight responsibilities.
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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