[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3889 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3889

 To amend the Congressional Budget and Impoundment Control Act of 1974 
to strengthen congressional control and review, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2020

 Mr. Leahy (for himself, Mrs. Murray, Mr. Van Hollen, Mrs. Feinstein, 
  Mr. Coons, Ms. Baldwin, Mr. Wyden, Mr. Merkley, Mr. Whitehouse, Mr. 
 Schatz, Mr. Sanders, Mrs. Shaheen, Mr. Tester, Mr. Udall, Mr. Cardin, 
   Mr. Reed, Mr. Durbin, Mr. Murphy, and Mr. Manchin) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Congressional Budget and Impoundment Control Act of 1974 
to strengthen congressional control and review, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Congressional 
Power of the Purse Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--STRENGTHENING CONGRESSIONAL CONTROL AND REVIEW TO PREVENT 
                              IMPOUNDMENT

Sec. 101. Strengthening congressional control.
Sec. 102. Strengthening congressional review.
Sec. 103. Updated authorities for and reporting by the Comptroller 
                            General.
Sec. 104. Advance congressional notification and litigation.
Sec. 105. Penalties for failure to comply with the Impoundment Control 
                            Act of 1974.
           TITLE II--STRENGTHENING TRANSPARENCY AND REPORTING

       Subtitle A--Funds Management and Reporting to the Congress

Sec. 201. Expired balance reporting in the President's budget.
Sec. 202. Cancelled balance reporting in the President's budget.
Sec. 203. Lapse in appropriations reporting in the President's budget.
Sec. 204. Transfer and other repurposing authority reporting in the 
                            President's budget.
Sec. 205. Authorizing cancellations in indefinite accounts by 
                            appropriation.
    Subtitle B--Empowering Congressional Review Through Nonpartisan 
          Congressional Agencies and Transparency Initiatives

Sec. 211. Requirement to respond to requests for information from the 
                            Government Accountability Office for budget 
                            and appropriations law decisions.
Sec. 212. Reporting requirements for Antideficiency Act violations.
Sec. 213. Department of Justice reporting to Congress for 
                            Antideficiency Act violations.
Sec. 214. Publication of budget or appropriations law opinions of the 
                            Department of Justice Office of Legal 
                            Counsel.
    TITLE III--STRENGTHENING CONGRESSIONAL ROLE IN AND OVERSIGHT OF 
                EMERGENCY DECLARATIONS AND DESIGNATIONS

Sec. 301. Improving checks and balances on the use of the National 
                            Emergencies Act.
Sec. 302. National Emergencies Act declaration spending reporting in 
                            the President's budget.
Sec. 303. Emergency and overseas contingency operations designations by 
                            Congress in statute.

  TITLE I--STRENGTHENING CONGRESSIONAL CONTROL AND REVIEW TO PREVENT 
                              IMPOUNDMENT

SEC. 101. STRENGTHENING CONGRESSIONAL CONTROL.

    (a) In General.--Part B of the Impoundment Control Act of 1974 (2 
U.S.C. 681 et seq.) is amended by adding at the end the following:

``prudent obligation of budget authority and specific requirements for 
                       expiring budget authority

    ``Sec. 1018.  (a) Special Message Requirement.--With respect to 
budget authority proposed to be rescinded or that is set to be reserved 
or proposed to be deferred in a special message transmitted under 
section 1012 or 1013, such budget authority--
            ``(1) shall be made available for obligation in sufficient 
        time to be prudently obligated as required under section 
        1012(b) or 1013; and
            ``(2) may not be deferred or otherwise withheld from 
        obligation during the 90-day period before the expiration of 
        the period of availability of such budget authority, including, 
        if applicable, the 90-day period before the expiration of an 
        initial period of availability for which such budget authority 
        was provided.
    ``(b) Administrative Requirement.--With respect to an apportionment 
of an appropriation (as that term is defined in section 1511 of title 
31, United States Code) made pursuant to section 1512 of such title, an 
appropriation shall be apportioned--
            ``(1) to make available all amounts for obligation in 
        sufficient time to be prudently obligated; and
            ``(2) to make available all amounts for obligation, without 
        precondition or limitation (including footnotes) that shall be 
        met prior to obligation, not later than 90 days before the 
        expiration of the period of availability of such appropriation, 
        including, if applicable, 90 days before the expiration of an 
        initial period of availability for which such appropriation was 
        provided.''.
    (b) Clerical Amendment.--The table of contents of the Congressional 
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of 
such Act is amended by inserting after the item relating to section 
1017 the following:

``1018. Prudent obligation of budget authority and specific 
                            requirements for expiring budget 
                            authority.''.

SEC. 102. STRENGTHENING CONGRESSIONAL REVIEW.

    (a) In General.--Part B of the Impoundment Control Act of 1974 (2 
U.S.C. 681 et seq.), as amended by section 101(a), is further amended 
by adding at the end the following:

                              ``reporting

    ``Sec. 1019.  (a) Apportionment of Appropriations.--
            ``(1) Automated system.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this section, the Office of 
                Management and Budget shall--
                            ``(i) complete implementation of an 
                        automated system to post on a public Internet 
                        website, not later than 2 business days after 
                        the date of approval of an apportionment, each 
                        document apportioning an appropriation, 
                        pursuant to section 1513(b) of title 31, United 
                        States Code, including any associated 
                        footnotes, in a format that qualifies each such 
                        document as an Open Government Data Asset (as 
                        defined in section 3502 of title 44, United 
                        States Code); and
                            ``(ii) post on such website each document 
                        apportioning an appropriation, pursuant to such 
                        section 1513(b), including any associated 
                        footnotes, already approved for the fiscal 
                        year.
                    ``(B) Reporting.--The Office of Management and 
                Budget shall submit to the Committee on the Budget and 
                the Committee on Appropriations of the House of 
                Representatives and the Committee on the Budget and the 
                Committee on Appropriations of the Senate a report 
                reflecting the date of completion of the requirements 
                under subparagraph (A).
            ``(2) Explanatory statement.--Each document apportioning an 
        appropriation that is posted on a publicly accessible website 
        under paragraph (1) shall include a written explanation by each 
        officer or employee approving the apportionment (pursuant to 
        section 1513(b) of title 31, United States Code) of the 
        rationale for any footnotes.
            ``(3) Special process for transmitting classified 
        documentation to the congress.--The Office of Management and 
        Budget or the applicable department or agency shall make 
        available classified documentation relating to apportionment to 
        appropriate congressional committees on a quarterly basis.
            ``(4) Department and agency report.--
                    ``(A) In general.--Each department or agency shall 
                notify the Committee on the Budget and the Committee on 
                Appropriations of the House of Representatives, the 
                Committee on the Budget and the Committee on 
                Appropriations of the Senate, and any other appropriate 
                congressional committees if--
                            ``(i) an apportionment is not made in the 
                        required time period provided in section 
                        1513(b) of title 31, United States Code;
                            ``(ii) an approved apportionment received 
                        by the department or agency conditions the 
                        availability of an appropriation on further 
                        action; or
                            ``(iii) an approved apportionment received 
                        by the department or agency may hinder the 
                        prudent obligation of such appropriation or the 
                        execution of a program, project, or activity by 
                        such department or agency.
                    ``(B) Notification contents.--Each notification 
                under subparagraph (A) shall contain information 
                identifying the department, agency, or bureau, account 
                name, appropriation name, and Treasury Appropriation 
                Fund Symbol or fund account.
    ``(b) Approving Officials.--
            ``(1) Delegation of authority.--
                    ``(A) In general.--On the date of any delegation of 
                apportionment authority pursuant to section 1513(b) of 
                title 31, United States Code, made after the date of 
                enactment of this section, the Office of Management and 
                Budget shall submit the delegation for publication in 
                the Federal Register.
                    ``(B) Current fiscal year.--Not later than 15 days 
                after the date of enactment of this section, the Office 
                of Management and Budget shall submit for publication 
                in the Federal Register each delegation of 
                apportionment authority pursuant to section 1513(b) of 
                title 31, United States Code, that is in effect as of 
                such date.
                    ``(C) Format; updating.--The Office of Management 
                and Budget shall--
                            ``(i) publish delegations under 
                        subparagraphs (A) and (B) in a format that 
                        qualifies such publications as an Open 
                        Government Data Asset (as defined in section 
                        3502 of title 44, United States Code) on a 
                        public Internet website; and
                            ``(ii) continuously update the each such 
                        delegation with the position of each Federal 
                        officer or employee to whom apportionment 
                        authority has been delegated.
            ``(2) Report to congress.--Not later than 5 days after the 
        date on which any change in the position of the approving 
        official with respect to any delegated apportionment authority 
        for any account is made, the Office of Management and Budget 
        shall submit a report to the Congress explaining why such 
        change was made.''.
    (b) Clerical Amendment.--The table of contents of the Congressional 
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of 
such Act, as amended by section 101(b) of this Act, is further amended 
by inserting after the item relating to section 1018 the following:

``1019. Reporting.''.

SEC. 103. UPDATED AUTHORITIES FOR AND REPORTING BY THE COMPTROLLER 
              GENERAL.

    (a) In General.--Section 1015 of the Impoundment Control Act of 
1974 (2 U.S.C. 686) is amended--
            (1) in subsection (a), in the matter following paragraph 
        (2), by striking the last sentence; and
            (2) by adding at the end the following:
    ``(c) Review.--
            ``(1) In general.--The Comptroller General shall--
                    ``(A) review compliance with this part; and
                    ``(B) submit a report, and any relevant information 
                related to the report, on any noncompliance with this 
                part to--
                            ``(i) the Committee on the Budget, the 
                        Committee on Appropriations, and the Committee 
                        on Oversight and Reform of the House of 
                        Representatives;
                            ``(ii) the Committee on the Budget, the 
                        Committee on Appropriations, and the Committee 
                        on Homeland Security and Governmental Affairs 
                        of the Senate; and
                            ``(iii) any other appropriate congressional 
                        committee of the House of Representatives and 
                        Senate.
            ``(2) Information, documentation, and views.--The President 
        or the head of the relevant department or agency of the United 
        States shall provide information, documentation, and views to 
        the Comptroller General, as is determined by the Comptroller 
        General to be necessary to determine such compliance--
                    ``(A) not later than 20 days after the date on 
                which the request from the Comptroller General is 
                received; or
                    ``(B) if the Comptroller General determines that a 
                shorter or longer period is appropriate based on the 
                specific circumstances, within such shorter or longer 
                period.
            ``(3) Access.--To carry out the responsibilities of this 
        part, the Comptroller General shall have access to interview 
        the officers, employees, contractors, and other agents and 
        representatives of a department, agency, or office of the 
        United States at any reasonable time as the Comptroller General 
        may request.''.
    (b) Rule of Construction.--Section 1001 of the Impoundment Control 
Act of 1974 (2 U.S.C. 681) is amended--
            (1) in paragraph (3), by striking the ``or'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) affecting or limiting in any way the authorities 
        provided to the Comptroller General under chapter 7 of title 
        31, United States Code.''.

SEC. 104. ADVANCE CONGRESSIONAL NOTIFICATION AND LITIGATION.

    Section 1016 of the Impoundment Control Act of 1974 (2 U.S.C. 687) 
is amended to read as follows:

                     ``suits by comptroller general

    ``Sec. 1016.  (a) Authority To Bring Civil Action.--If, under this 
title, budget authority is required to be made available for obligation 
and such budget authority is not made available for obligation or 
information, documentation, views, or access are required to be 
produced and such information, documentation, views, or access are not 
produced, the Comptroller General is expressly empowered, through 
attorneys selected by the Comptroller General, to bring a civil action 
in the United States District Court for the District of Columbia to 
require such budget authority to be made available for obligation or 
such information, documentation, views, or access to be produced.
    ``(b) Authority of Court.--The court in a civil action brought 
under subsection (a) is expressly empowered to enter, against any 
department, agency, officer, or employee of the United States, any 
decree, judgment, or order which may be necessary or appropriate to 
make such budget authority available for obligation or compel 
production of such information, documentation, views, or access.
    ``(c) Notice to Congress.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        civil action may be brought by the Comptroller General to 
        require budget authority be made available under this section 
        until the expiration of 15 calendar days following the date on 
        which an explanatory statement by the Comptroller General of 
        the circumstances giving rise to the action contemplated is 
        filed with the Speaker of the House of Representatives and the 
        President of the Senate.
            ``(2) Exception.--The Comptroller General may bring a civil 
        action to require budget authority be made available under 
        subsection (a) before the expiration of the period described in 
        paragraph (1) of this subsection if the Comptroller General 
        finds (and incorporates the finding in the explanatory 
        statement filed) that the delay would be contrary to the public 
        interest.''.

SEC. 105. PENALTIES FOR FAILURE TO COMPLY WITH THE IMPOUNDMENT CONTROL 
              ACT OF 1974.

    (a) In General.--Part B of the Impoundment Control Act of 1974 (2 
U.S.C. 681 et seq.), as amended by section 102(a) of this Act, is 
further amended by adding at the end the following:

                   ``penalties for failure to comply

    ``Sec. 1020.  (a) Administrative Discipline.--An officer or 
employee of the Executive Branch of the United States Government 
violating this part shall be subject to appropriate administrative 
discipline, including, when circumstances warrant, suspension from duty 
without pay or removal from office.
    ``(b) Reporting Violations.--
            ``(1) In general.--In the event of a violation of section 
        1001, 1012, 1013, or 1018 of this title, or in the case that 
        the Government Accountability Office issues a legal decision 
        concluding that a department, agency, or office of the United 
        States violated this part, the President or the head of the 
        relevant department or agency as the case may be, shall 
        immediately submit a report regarding all relevant facts and 
        containing a statement of actions taken to--
                    ``(A) Congress;
                    ``(B) the Comptroller General; and
                    ``(C) the relevant inspector general.
            ``(2) Contents.--
                    ``(A) In general.--Each report under paragraph (1) 
                shall include--
                            ``(i) a summary of the facts pertaining to 
                        the violation;
                            ``(ii) the title and Treasury Appropriation 
                        Fund Symbol of the appropriation or fund 
                        account;
                            ``(iii) the amount involved for each 
                        violation;
                            ``(iv) the date on which the violation 
                        occurred;
                            ``(v) the position of each officer or 
                        employee responsible for the violation;
                            ``(vi) a statement of the administrative 
                        discipline imposed and any further action taken 
                        with respect to any officer or employee 
                        involved in the violation; and
                            ``(vii) a statement of any additional 
                        action taken to prevent recurrence of the same 
                        type of violation.
                    ``(B) Disagreeing regarding violation.--In the case 
                that the Government Accountability Office issues a 
                legal decision concluding that a department, agency, or 
                office of the United States violated this part and the 
                relevant department, agency, or office does not agree 
                that a violation has occurred, the report under 
                paragraph (1) shall include an explanation of the 
                position of the department, agency, or office.
            ``(3) Opportunity to respond.--If a report under paragraph 
        (1) identifies the position of any officer or employee as 
        involved in the violation, the officer or employee shall be 
        provided a reasonable opportunity to respond in writing, and 
        any such response shall be appended to the report.''.
    (b) Clerical Amendment.--The table of contents of the Congressional 
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of 
such Act, as amended by section 102(b) of this Act, is further amended 
by inserting after the item relating to section 1019 the following:

``1020. Penalties for failure to comply.''.

           TITLE II--STRENGTHENING TRANSPARENCY AND REPORTING

       Subtitle A--Funds Management and Reporting to the Congress

SEC. 201. EXPIRED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.

    Section 1105(a) of title 31, United States Code, is amended by 
adding at the end the following:
            ``(40) for the budget for each of fiscal years 2022 through 
        2026, a report--
                    ``(A) identifying unobligated expired balances as 
                of the beginning of the current fiscal year and the 
                beginning of each of the preceding 2 fiscal years by 
                agency and the applicable Treasury Appropriation Fund 
                Symbol or fund account; and
                    ``(B) providing an explanation of expired balances 
                in any Treasury Appropriation Fund Symbol or fund 
                account that exceed the lesser of 5 percent of total 
                appropriations made available for that account or 
                $100,000,000.''.

SEC. 202. CANCELLED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.

    Section 1105(a) of title 31, United States Code, as amended by 
section 201 of this Act, is further amended by adding at the end the 
following:
            ``(41) for the budget for each of fiscal years 2022 through 
        2026, a report--
                    ``(A) identifying cancelled balances (pursuant to 
                section 1552(a)) for the preceding 3 fiscal years by 
                agency and Treasury Appropriation Fund Symbol or fund 
                account;
                    ``(B) providing an explanation of cancelled 
                balances in any Treasury Appropriation Fund Symbol or 
                fund account that exceed the lesser of 5 percent of 
                total appropriations made available for that account or 
                $100,000,000; and
                    ``(C) including a tabulation, by Treasury 
                Appropriation Fund Symbol or fund account and 
                appropriation, of all balances of appropriations 
                available for an indefinite period in an appropriation 
                account available for an indefinite period that do not 
                meet the criteria for closure under section 1555, but 
                for which either--
                            ``(i) the head of the agency concerned or 
                        the President has determined that the purposes 
                        for which the appropriation was made have been 
                        carried out; or
                            ``(ii) no disbursement has been made 
                        against the appropriation--
                                    ``(I) in the prior year and the 
                                preceding fiscal year; or
                                    ``(II) in the prior year and which 
                                the budget estimates zero disbursements 
                                in the current year.''.

SEC. 203. LAPSE IN APPROPRIATIONS REPORTING IN THE PRESIDENT'S BUDGET.

    Section 1105(a) of title 31, United States Code, as amended by 
section 202 of this Act, is further amended by adding at the end the 
following:
            ``(42) a report--
                    ``(A) identifying any obligation or expenditure 
                made by a department or agency affected in whole or in 
                part by any lapse in appropriations of not less than 5 
                consecutive days during the preceding fiscal year; and
                    ``(B) with respect to any such obligation or 
                expenditure, providing--
                            ``(i) the amount so obligated or expended, 
                        the account affected, and an explanation of 
                        which Antideficiency Act exceptions permitted 
                        the department or agency, as the case may be, 
                        to incur such obligation or expenditure; and
                            ``(ii) an explanation of any changes in the 
                        application of any Antideficiency Act exception 
                        for a program, project, or activity from any 
                        explanations previously reported on pursuant to 
                        this paragraph.''.

SEC. 204. TRANSFER AND OTHER REPURPOSING AUTHORITY REPORTING IN THE 
              PRESIDENT'S BUDGET.

    Section 1105(a) of title 31, United States Code, as amended by 
section 203 of this Act, is further amended by adding at the end the 
following:
            ``(43) for the budget for fiscal year 2022, a report--
                    ``(A) identifying any transfer authority or other 
                authority to repurpose appropriations provided in a law 
                other than an appropriation Act; and
                    ``(B) with respect to any such authority, providing 
                the citation to the statute, the list of departments or 
                agencies covered, an explanation of when such authority 
                may be used, and an explanation of any use of such 
                authority in the preceding 3 fiscal years.''.

SEC. 205. AUTHORIZING CANCELLATIONS IN INDEFINITE ACCOUNTS BY 
              APPROPRIATION.

    (a) In General.--Subchapter IV of chapter 15 of title 31, United 
States Code, is amended by inserting after section 1555 the following:
``Sec. 1555a. Cancellation of appropriations available for indefinite 
              periods within an account
    ``Any remaining balance (whether obligated or unobligated) from an 
appropriation available for an indefinite period in an appropriation 
account available for an indefinite period that does not meet the 
requirements for closure under section 1555 shall be canceled, and 
thereafter shall not be available for obligation or expenditure for any 
purpose, if--
            ``(1) the head of the agency concerned or the President 
        determines that the purposes for which the appropriation was 
        made have been carried out; and
            ``(2) no disbursement has been made against the 
        appropriation for 2 consecutive fiscal years.''.
    (b) Clerical Amendment.--The table of sections for subchapter IV of 
chapter 15 of title 31, United States Code, is amended by inserting 
after the item relating to section 1555 the following:

``1555a. Cancellation of appropriations available for indefinite 
                            periods within an account.''.

    Subtitle B--Empowering Congressional Review Through Nonpartisan 
          Congressional Agencies and Transparency Initiatives

SEC. 211. REQUIREMENT TO RESPOND TO REQUESTS FOR INFORMATION FROM THE 
              GOVERNMENT ACCOUNTABILITY OFFICE FOR BUDGET AND 
              APPROPRIATIONS LAW DECISIONS.

    (a) In General.--Subchapter II of chapter 7 of title 31, United 
States Code, is amended by adding at the end the following:
``Sec. 722. Requirement to respond to requests for information from the 
              Government Accountability Office for budget and 
              appropriations law decisions
    ``(a) If an executive agency or the District of Columbia government 
receives a written request for information, documentation, or views 
from the Government Accountability Office relating to a decision or 
opinion on budget or appropriations law, the executive agency or the 
District of Columbia government shall provide the requested 
information, documentation, or views not later than 20 days after 
receiving the written request, unless such written request specifically 
provides otherwise.
    ``(b) If an executive agency or the District of Columbia government 
fails to respond to a request for information, documentation, or views 
described in subsection (a) within the time required by such 
subsection--
            ``(1) the Comptroller General shall notify, in writing, the 
        Committee on Oversight and Reform of the House of 
        Representatives, the Committee on Homeland Security and 
        Governmental Affairs of the Senate, and any other appropriate 
        congressional committee of the House of Representatives or the 
        Senate of such failure;
            ``(2) the Comptroller General is hereby expressly 
        empowered, through attorneys selected by the Comptroller 
        General, to bring a civil action in the United States District 
        Court for the District of Columbia to require such information, 
        documentation, or views to be produced; and
            ``(3) the court in a civil action brought under paragraph 
        (2) is expressly empowered to enter against any department, 
        agency, officer, or employee of the United States any decree, 
        judgment, or order which may be necessary or appropriate to 
        require such production.
    ``(c) Nothing in this section shall be construed as affecting or 
otherwise limiting the authorities provided to the Comptroller General 
in section 716 of this title.''.
    (b) Clerical Amendment.--The table of sections for subchapter II of 
chapter 7 of title 31, United States Code, is amended by inserting 
after the item relating to section 721 the following:

``722. Requirement to respond to requests for information from the 
                            Government Accountability Office for budget 
                            and appropriations law decisions.''.

SEC. 212. REPORTING REQUIREMENTS FOR ANTIDEFICIENCY ACT VIOLATIONS.

    (a) Violations of Section 1341 or 1342.--Section 1351 of title 31, 
United States Code, is amended--
            (1) by striking ``If'' and inserting ``(a) If the 
        Government Accountability Office, an executive agency, or the 
        District of Columbia government determines that'';
            (2) by striking ``violates'' and inserting ``has 
        violated''; and
            (3) by adding at the end the following:
    ``(b) Each report under subsection (a) shall include--
            ``(1) a summary of the facts pertaining to the violation;
            ``(2) the title and Treasury Appropriation Fund Symbol of 
        the appropriation or fund account;
            ``(3) the amount involved for each violation;
            ``(4) the date on which the violation occurred;
            ``(5) the position of any officer or employee responsible 
        for the violation;
            ``(6) a statement of the administrative discipline imposed 
        and any further action taken with respect to any officer or 
        employee involved in the violation;
            ``(7) a statement of any additional action taken to prevent 
        recurrence of the same type of violation;
            ``(8) a statement of any determination that the violation 
        was not knowing and willful that has been made by the executive 
        agency or District of Columbia government; and
            ``(9) any written response by any officer or employee 
        identified by position as involved in the violation.
    ``(c) In the case that the Government Accountability Office issues 
a legal decision concluding that an officer or employee of an executive 
agency or an officer or employee of the District of Columbia government 
violated section 1341(a) or 1342 and the executive agency or District 
of Columbia government, as applicable, does not agree that a violation 
has occurred, the report under subsection (a) shall explain the 
position of the executive agency or District of Columbia government.''.
    (b) Violations of Section 1517.--Section 1517 of title 31, United 
States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``If'' and inserting ``If the 
                Government Accountability Office, an executive agency, 
                or the District of Columbia government determines 
                that''; and
                    (B) by striking ``violates'' and inserting ``has 
                violated''; and
            (2) by adding at the end the following:
    ``(c) Each report under subsection (b) shall include--
            ``(1) a summary of the facts pertaining to the violation;
            ``(2) the title and Treasury Appropriation Fund Symbol of 
        the appropriation or fund account;
            ``(3) the amount involved for each violation;
            ``(4) the date on which the violation occurred;
            ``(5) the position of any officer or employee responsible 
        for the violation;
            ``(6) a statement of the administrative discipline imposed 
        and any further action taken with respect to any officer or 
        employee involved in the violation;
            ``(7) a statement of any additional action taken to prevent 
        recurrence of the same type of violation;
            ``(8) a statement of any determination that the violation 
        was not knowing and willful that has been made by the executive 
        agency or District of Columbia government; and
            ``(9) any written response by any officer or employee 
        identified by position as involved in the violation.
    ``(d) In the case that the Government Accountability Office issues 
a legal decision concluding that an officer or employee of an executive 
agency or of the District of Columbia government violated subsection 
(a) and the executive agency or District of Columbia government, as 
applicable, does not agree that a violation has occurred, the report 
under subsection (b) shall explain the position of the executive agency 
or of the District of Columbia government.''.

SEC. 213. DEPARTMENT OF JUSTICE REPORTING TO CONGRESS FOR 
              ANTIDEFICIENCY ACT VIOLATIONS.

    (a) Violations of Sections 1341 or 1342.--Section 1350 of title 31, 
United States Code, is amended--
            (1) by striking ``An officer'' and inserting ``(a) An 
        officer''; and
            (2) by adding at the end the following:
    ``(b)(1) If an executive agency or the District of Columbia 
government reports, under section 1351, a violation of section 1341(a) 
or 1342, the Attorney General shall promptly review such report and 
investigate to the extent necessary to determine whether there are 
reasonable grounds to believe that the responsible officer or employee 
knowingly and willfully violated section 1341(a) or 1342, as 
applicable. If the Attorney General determines that there are such 
reasonable grounds, the Attorney General shall diligently investigate a 
criminal violation under this section.
    ``(2) Not later than March 31 of each year, the Attorney General 
shall submit to Congress and the Comptroller General a report detailing 
separately for each executive agency and the District of Columbia 
government--
            ``(A) the number of reports under section 1351 transmitted 
        to the President during the preceding year;
            ``(B) the number of reports reviewed in accordance with 
        paragraph (1) during the preceding year;
            ``(C) without identification of any individual officer or 
        employee of an executive agency or of the District of Columbia 
        government, a description of each investigation undertaken in 
        accordance with paragraph (1) during the preceding year and an 
        explanation of the status of any such investigation; and
            ``(D) without identification of any individual officer or 
        employee of an executive agency or of the District of Columbia 
        government, an explanation of any update to the status of any 
        review or investigation previously reported pursuant to this 
        paragraph.''.
    (b) Violations of Section 1517.--Section 1519 of title 31, United 
States Code, is amended--
            (1) by striking ``An officer'' and inserting ``(a) An 
        officer''; and
            (2) by adding at the end the following:
    ``(b)(1) If an executive agency or the District of Columbia 
government reports, under section 1517(b), a violation of section 
1517(a), the Attorney General shall promptly review such report and 
investigate to the extent necessary to determine whether there are 
reasonable grounds to believe that the responsible officer or employee 
knowingly and willfully violated section 1517(a). If the Attorney 
General determines that there are such reasonable grounds, the Attorney 
General shall diligently investigate a criminal violation under this 
section.
    ``(2) Not later than March 31 of each year, the Attorney General 
shall submit to Congress and the Comptroller General a report detailing 
separately for each executive agency and the District of Columbia 
government--
            ``(A) the number of reports under section 1517(b) 
        transmitted to the President during the preceding year;
            ``(B) the number of reports reviewed in accordance with 
        paragraph (1) during the preceding year;
            ``(C) without identification of any individual officer or 
        employee of an executive agency or of the District of Columbia 
        government, a description of each investigation undertaken in 
        accordance with paragraph (1) during the preceding year and an 
        explanation of the status of any such investigation; and
            ``(D) without identification of any individual officer or 
        employee of an executive agency or of the District of Columbia 
        government, an explanation of any update to the status of any 
        review or investigation previously reported pursuant to this 
        paragraph.''.

SEC. 214. PUBLICATION OF BUDGET OR APPROPRIATIONS LAW OPINIONS OF THE 
              DEPARTMENT OF JUSTICE OFFICE OF LEGAL COUNSEL.

    (a) Schedule of Publication for Final OLC Opinions.--Each covered 
final OLC opinion shall be made available on the public website of the 
Department of Justice in a manner that is searchable, sortable, and 
downloadable in its entirety as soon as is practicable, and in any 
event--
            (1) not later than 30 days after the opinion is issued or 
        updated if the covered final OLC opinion is issued or updated 
        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 a covered final OLC opinion issued on or after 
        January 20, 1993, and before the date of enactment of this Act;
            (3) not later than 2 years after the date of enactment of 
        this Act for a covered final OLC opinion issued on or after 
        January 20, 1981, and on or before January 19, 1993;
            (4) not later than 3 years after the date of enactment of 
        this Act for a covered final OLC opinion issued on or after 
        January 20, 1969, and on or before January 19, 1981; and
            (5) not later than 4 years after the date of enactment of 
        this Act for all other covered final OLC opinions.
    (b) Exceptions and Limitation on Public Availability of Final OLC 
Opinions.--
            (1) In general.--A covered final OLC opinion or part 
        thereof may be withheld only to the extent--
                    (A)(i) information contained in the opinion was 
                specifically authorized to be kept secret, under 
                criteria established by an Executive order, in the 
                interest of national defense or foreign policy;
                    (ii) such information was properly classified, 
                including all procedural and marking requirements, 
                pursuant to such Executive order;
                    (iii) such information was evaluated for 
                declassification during the 2-year period before the 
                date on which the covered final OLC opinion is 
                otherwise required to be disclosed; and
                    (iv) the Attorney General determines that the 
                national defense or foreign policy interests protected 
                outweigh the public's interest in access to such 
                information;
                    (B) information contained in the opinion relates to 
                the appointment of a specific individual not confirmed 
                to Federal office;
                    (C) information contained in the opinion is 
                specifically exempted from disclosure by statute (other 
                than section 552 or 552b of title 5, United States 
                Code), if such statute--
                            (i) requires that the material be withheld 
                        in such a manner as to leave no discretion on 
                        the issue; or
                            (ii) establishes particular criteria for 
                        withholding or refers to particular types of 
                        material to be withheld;
                    (D) information in the opinion includes trade 
                secrets and commercial or financial information 
                obtained from a person and privileged or confidential 
                the disclosure of which would likely cause substantial 
                harm to the competitive position of the person from 
                whom the information was obtained;
                    (E) 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
                    (F) information in the opinion includes personnel, 
                medical, or similar files the disclosure of which would 
                constitute a clearly unwarranted invasion of personal 
                privacy.
            (2) Determination to withhold.--Any determination under 
        this subsection to withhold information contained in a covered 
        final OLC opinion shall be--
                    (A) made by the Attorney General or a designee of 
                the Attorney General;
                    (B) in writing;
                    (C) made available to the public not later than the 
                date on which the covered final OLC opinion is 
                otherwise required to be disclosed;
                    (D) sufficiently detailed as to inform the public 
                of what kind of information is being withheld and the 
                reason therefore; and
                    (E) effective only for a period of 3 years, subject 
                to review and reissuance of a determination made and 
                issued in accordance with this subsection.
            (3) Summaries.--For any covered final OLC opinion which is 
        withheld in full or in substantial part, a detailed 
        unclassified summary of the opinion shall be made available to 
        the public, not later than the date on which the covered final 
        OLC opinion is otherwise required to be disclosed, that conveys 
        the essence of the opinion, including any interpretations of a 
        statute, the Constitution of the United States, or other legal 
        authority. A notation shall be included in any published list 
        of covered final OLC opinion regarding the extent of the 
        withholdings.
            (4) No limitation on freedom of information.--Nothing in 
        this subsection shall be construed as limiting the availability 
        of information under section 552 of title 5, United States Code 
        or construed as an exemption under paragraph (3) of subsection 
        (b) of such section.
            (5) No limitation on relief.--A decision by the Attorney 
        General to release or withhold information pursuant to this 
        section shall not preclude any action or relief conferred under 
        a statute or regulation that authorizes any person to request 
        or demand the release of information.
            (6) Reasonably segregable portions of opinions to be 
        published.--Any reasonably segregable portion of a covered 
        final OLC opinion shall be provided after withholding of the 
        portions which are exempt from disclosure under this section. 
        The amount of information withheld, and the exemption under 
        which the withholding is made, shall be indicated on the 
        released portion of the opinion, unless including that 
        indication would harm an interest protected by the exemption 
        under 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.
    (c) Method of Publication.--The Attorney General shall publish each 
covered final OLC opinion to the extent the law permits, including by 
publishing the opinions on a publicly accessible website that--
            (1) with respect to each opinion--
                    (A) contains an electronic copy of the 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;
                    (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 section.
    (d) Definitions.--In this section:
            (1) Covered final olc opinion.--The term ``covered final 
        OLC opinion'' means a final OLC opinion relating to section 
        1301(a), 1341, 1342, 1501, 1502, 1512, 1513, 1515, 1517, or 
        3302(b) of title 31, United States Code, the Balanced Budget 
        and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et 
        seq.), the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 
        seq.), the Impoundment Control Act of 1974 (2 U.S.C. 681 et 
        seq.), an appropriation Act, a continuing resolution, or 
        another provision of law providing or governing appropriations 
        or budget authority.
            (2) Final olc opinion.--The term ``final OLC opinion'' 
        means an OLC opinion that--
                    (A) the Attorney General, Assistant Attorney 
                General for the Office of Legal Counsel, or a Deputy 
                Assistant General for the Office of Legal Counsel, has 
                determined is final;
                    (B) government officials or government contractors 
                are relying on or have relied on;
                    (C) is or has been relied upon to formulate legal 
                guidance; or
                    (D) is cited in another Office of Legal Counsel 
                opinion.
            (3) OLC opinion.--The term ``OLC opinion''--
                    (A) 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 through 
                513 of title 28, United States Code; and
                    (B) includes any memorialization of a verbal 
                communication that provides any views described in 
                subparagraph (A).

    TITLE III--STRENGTHENING CONGRESSIONAL ROLE IN AND OVERSIGHT OF 
                EMERGENCY DECLARATIONS AND DESIGNATIONS

SEC. 301. IMPROVING CHECKS AND BALANCES ON THE USE OF THE NATIONAL 
              EMERGENCIES ACT.

    (a) Requirements Relating to Declaration and Renewal of National 
Emergencies.--Title II of the National Emergencies Act (50 U.S.C. 1621 
et seq.) is amended by striking sections 201 and 202 and inserting the 
following:

``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.

    ``(a) Authority To Declare National Emergencies.--With respect to 
Acts of Congress authorizing the exercise, during the period of a 
national emergency, of any special or extraordinary power, the 
President is authorized to declare such a national emergency by 
proclamation. Such proclamation shall immediately be transmitted to 
Congress and published in the Federal Register.
    ``(b) Specification of Provisions of Law To Be Exercised and 
Reporting.--No powers or authorities made available by statute for use 
during the period of a national emergency shall be exercised unless and 
until the President specifies the provisions of law under which the 
President proposes that the President or other officers will act in--
            ``(1) a proclamation declaring a national emergency under 
        subsection (a); or
            ``(2) one or more Executive orders relating to the 
        emergency published in the Federal Register and transmitted to 
        Congress.
    ``(c) Prohibition on Subsequent Actions if Emergencies Not 
Approved.--
            ``(1) Subsequent declarations.--If a joint resolution of 
        approval is not enacted under section 203 with respect to a 
        national emergency before the expiration of the period of 30 
        calendar days described in section 202(a), or with respect to a 
        national emergency proposed to be renewed under section 202(b), 
        the President may not, during the remainder of the term of 
        office of that President, declare a subsequent national 
        emergency under subsection (a) with respect to the same 
        circumstances.
            ``(2) Exercise of authorities.--If a joint resolution of 
        approval is not enacted under section 203 with respect to a 
        power or authority specified by the President in a proclamation 
        under subsection (a) or an Executive order under subsection 
        (b)(2) with respect to a national emergency, the President may 
        not, during the remainder of the term of office of that 
        President, exercise that power or authority with respect to 
        that emergency.
    ``(d) Effect of Future Laws.--No law enacted after the date of the 
enactment of the Congressional Power of the Purse Act shall supersede 
this title unless it does so in specific terms, referring to this 
title, and declaring that the new law supersedes the provisions of this 
title.

``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.

    ``(a) Temporary Effective Periods.--
            ``(1) In general.--A declaration of a national emergency 
        shall remain in effect for a period of 30 calendar days from 
        the issuance of the proclamation under section 201(a) (unless 
        the declaration is terminated before the end of that period 
        pursuant to an Act of Congress under subsection (c)(1)(C) or a 
        proclamation of the President under subsection (c)(1)(D)) and 
        shall terminate when that 30-calendar-day period expires unless 
        there is enacted into law a joint resolution of approval under 
        section 203 with respect to the proclamation.
            ``(2) Exercise of powers and authorities.--Any emergency 
        power or authority made available under a provision of law 
        specified in a proclamation or Executive order pursuant to 
        section 201(b) may be exercised pursuant to the declaration of 
        a national emergency for a period of 30 calendar days from the 
        issuance of the proclamation or Executive order (unless the 
        declaration is terminated before the end of that period 
        pursuant to an Act of Congress under subsection (c)(1)(C) or a 
        proclamation of the President under subsection (c)(1)(D)). That 
        power or authority may not be exercised after that 30-calendar-
        day period expires unless there is enacted into law a joint 
        resolution of approval under section 203 approving--
                    ``(A) the proclamation of the national emergency or 
                the Executive order; and
                    ``(B) the exercise of the power or authority 
                specified by the President in such proclamation or 
                Executive order.
            ``(3) Computation of days.--For purposes of paragraphs (1) 
        and (2), a period of 30 calendar days shall be computed 
        excluding--
                    ``(A) Saturdays, Sundays, and Federal holidays; and
                    ``(B) the date on which the proclamation or 
                Executive order described in paragraph (1) or (2), as 
                applicable, is issued.
    ``(b) Renewal of National Emergencies.--A national emergency 
declared by the President under section 201(a) or previously renewed 
under this subsection, and not already terminated pursuant to 
subsection (a) or (c), shall terminate on the date that is one year 
after the President transmitted to Congress the proclamation declaring 
the emergency or Congress approved a previous renewal pursuant to this 
subsection, unless--
            ``(1) the President publishes in the Federal Register and 
        transmits to Congress an Executive order renewing the 
        emergency; and
            ``(2) there is enacted into law a joint resolution of 
        approval renewing the emergency pursuant to section 203 before 
        the termination of the emergency or previous renewal of the 
        emergency.
    ``(c) Termination of National Emergencies.--
            ``(1) In general.--Any national emergency declared by the 
        President under section 201(a) shall terminate on the earliest 
        of--
                    ``(A) the date provided for in subsection (a);
                    ``(B) the date provided for in subsection (b);
                    ``(C) the date specified in an Act of Congress 
                terminating the emergency; or
                    ``(D) the date specified in a proclamation of the 
                President terminating the emergency.
            ``(2) Effect of termination.--
                    ``(A) In general.--Effective on the date of the 
                termination of a national emergency under paragraph 
                (1)--
                            ``(i) except as provided by subparagraph 
                        (B), any powers or authorities exercised by 
                        reason of the emergency shall cease to be 
                        exercised;
                            ``(ii) any amounts reprogrammed, 
                        repurposed, or transferred under any provision 
                        of law with respect to the emergency that 
                        remain unobligated on that date shall be 
                        returned and made available for the purpose for 
                        which such amounts were appropriated; and
                            ``(iii) any contracts entered into under 
                        any provision of law relating to the emergency 
                        shall be terminated.
                    ``(B) Savings provision.--The termination of a 
                national emergency shall not affect--
                            ``(i) any legal action taken or pending 
                        legal proceeding not finally concluded or 
                        determined on the date of the termination under 
                        paragraph (1);
                            ``(ii) any legal action or legal proceeding 
                        based on any act committed prior to that date; 
                        or
                            ``(iii) any rights or duties that matured 
                        or penalties that were incurred prior to that 
                        date.

``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

    ``(a) Joint Resolution of Approval Defined.--In this section, the 
term `joint resolution of approval' means a joint resolution that does 
not have a preamble and that contains only the following provisions 
after its resolving clause:
            ``(1) A provision approving one or more--
                    ``(A) proclamations declaring national emergencies 
                under section 201(a);
                    ``(B) Executive orders issued under section 
                201(b)(2); or
                    ``(C) Executive orders issued under section 202(b).
            ``(2) A provision approving a list of all or a portion of 
        the provisions of law specified by the President under section 
        201(b) in the proclamations or Executive orders that are the 
        subject of the joint resolution.
    ``(b) Procedures for Consideration of Joint Resolutions of 
Approval.--
            ``(1) Introduction.--After the President transmits to 
        Congress a proclamation declaring a national emergency under 
        section 201(a), or an Executive order specifying emergency 
        powers or authorities under section 201(b)(2) or renewing a 
        national emergency under section 202(b), a joint resolution of 
        approval may be introduced in either House of Congress by any 
        member of that House with respect to the proclamation or 
        Executive order.
            ``(2) Requests to convene congress during recesses.--If, 
        when the President transmits to Congress a proclamation 
        declaring a national emergency under section 201(a), or an 
        Executive order specifying emergency powers or authorities 
        under section 201(b)(2) or renewing a national emergency under 
        section 202(b), Congress has adjourned sine die or has 
        adjourned for any period in excess of 3 calendar days--
                    ``(A) the Speaker of the House of Representatives 
                or the designee of the Speaker, after consultation with 
                the minority leader of the House, shall notify the 
                Members of the House to reassemble at such place and 
                time as they may designate if, in their opinion, the 
                public interest shall warrant it; and
                    ``(B) the majority leader of the Senate or the 
                designee of the majority leader, after concurrence with 
                the minority leader of the Senate, shall notify the 
                Members of the Senate to reassemble at such place and 
                time as they may designate if, in their opinion, the 
                public interest shall warrant it.
            ``(3) Consideration in senate.--In the Senate, the 
        following shall apply:
                    ``(A) Committee referral.--A joint resolution of 
                approval shall be referred to the appropriate committee 
                or committees.
                    ``(B) Reporting and discharge.--If a committee to 
                which a joint resolution of approval has been referred 
                has not reported it at the end of 10 calendar days 
                after its introduction, that committee shall be 
                discharged from further consideration of the resolution 
                and it shall be placed on the calendar.
                    ``(C) Proceeding to consideration.--Notwithstanding 
                Rule XXII of the Standing Rules of the Senate, when a 
                committee to which a joint resolution of approval is 
                referred has reported the resolution, or when that 
                committee is discharged under subparagraph (B) from 
                further consideration of the resolution, it is at any 
                time thereafter in order to move to proceed to the 
                consideration of the joint resolution, and all points 
                of order against the joint resolution (and against the 
                motion to proceed to the consideration of the joint 
                resolution) are waived. The motion to proceed shall be 
                debatable for 4 hours evenly divided between proponents 
                and opponents of the joint resolution of approval. The 
                motion is not subject to amendment, or to a motion to 
                postpone, or to a motion to proceed to the 
                consideration of other business. A motion to reconsider 
                the vote by which the motion is agreed to or disagreed 
                to shall not be in order. If a motion to proceed to the 
                consideration of a joint resolution of approval is 
                agreed to, the joint resolution shall remain the 
                unfinished business of the Senate until disposed of.
                    ``(D) Floor consideration.--There shall be 10 hours 
                of consideration on a joint resolution of approval, to 
                be divided evenly between the proponents and opponents 
                of the joint resolution. Of that 10 hours, there shall 
                be a total of 2 hours of debate on any debatable 
                motions in connection with the joint resolution, to be 
                divided evenly between the proponents and opponents of 
                the joint resolution.
                    ``(E) Amendments.--No amendments shall be in order 
                with respect to a joint resolution of approval in the 
                Senate.
                    ``(F) Motion to reconsider vote on passage.--A 
                motion to reconsider a vote on passage of a joint 
                resolution of approval shall not be in order.
                    ``(G) Appeals.--Points of order and appeals from 
                the decision of the Presiding Officer shall be decided 
                without debate.
            ``(4) Consideration in house of representatives.--In the 
        House of Representatives, the following shall apply:
                    ``(A) Reporting and discharge.--If any committee to 
                which a joint resolution of approval has been referred 
                has not reported it to the House at the end of 10 
                calendar days after its introduction, such committee 
                shall be discharged from further consideration of the 
                joint resolution.
                    ``(B) Proceeding to consideration.--After each 
                committee to which a joint resolution of approval has 
                been referred reports it to the House or has been 
                discharged from further consideration thereof, it shall 
                be in order to move to proceed to consider the joint 
                resolution of approval in the House. All points of 
                order against the motion are waived. Such a motion 
                shall not be in order after the House has disposed of a 
                motion to proceed on the joint resolution of approval. 
                The previous question shall be considered as ordered on 
                the motion to its adoption without intervening motion. 
                The motion shall not be debatable. A motion to 
                reconsider the vote by which the motion is disposed of 
                shall not be in order.
                    ``(C) Consideration.--The joint resolution of 
                approval shall be considered as read. All points of 
                order against the resolution and against its 
                consideration are waived. The previous question shall 
                be considered as ordered on the resolution to final 
                passage without intervening motion except 2 hours of 
                debate evenly divided and controlled by the sponsor of 
                the resolution (or a designee) and an opponent. A 
                motion to reconsider the vote on passage of the 
                resolution shall not be in order.
                    ``(D) Amendments.--No amendments shall be in order 
                with respect to a joint resolution of approval in the 
                House.
            ``(5) Coordination with action by other house.--
                    ``(A) In general.--If, before the passage by one 
                House of a joint resolution of approval of that House, 
                that House receives from the other House a joint 
                resolution of approval relating to the same 
                proclamation described in section 201(a) or Executive 
                order described in section 201(b)(2) or 202(b), then 
                the following procedures shall apply:
                            ``(i) The joint resolution of the other 
                        House shall not be referred to a committee.
                            ``(ii) The procedure in the receiving House 
                        shall be the same as if no joint resolution had 
                        been received from the other House until the 
                        vote on passage, which shall be treated as 
                        follows:
                                    ``(I) If the text of the joint 
                                resolution of approval is identical to 
                                the text of the joint resolution of 
                                approval received from the other House, 
                                the vote on final passage shall be on 
                                the joint resolution of approval 
                                received from the other House.
                                    ``(II) If the text of the joint 
                                resolution is not identical to the text 
                                of the joint resolution received from 
                                the other House, then that House shall 
                                vote on passage of its own resolution 
                                and it shall be in order immediately 
                                thereafter to make a privileged motion 
                                to proceed to the consideration of the 
                                measure from the other House, strike 
                                all after the enacting clause, and 
                                insert in lieu thereof the text of the 
                                resolution passed by that House. The 
                                joint resolution as amended shall be 
                                read a third time and engrossed and 
                                passed as amended, and the motion to 
                                reconsider shall be considered made and 
                                laid upon the table. Such a motion 
                                shall be disposed of without 
                                intervening action or debate.
                    ``(B) Treatment of legislation of other house.--If 
                one House fails to introduce, consider, or enact a 
                joint resolution of approval under this section with 
                respect to proclamation under section 201(a) or 
                Executive order under section 201(b)(2) or 202(b), the 
                joint resolution of approval of the other House shall 
                be entitled to consideration under this section.
                    ``(C) Special rule for revenue measures.--In the 
                case of a joint resolution of approval that is a 
                revenue measure--
                            ``(i) the provisions of subparagraphs (A) 
                        and (B) shall not apply in the House of 
                        Representatives; and
                            ``(ii) the provisions of subparagraph (A) 
                        shall apply in the Senate even if the Senate 
                        has previously passed a joint resolution of 
                        approval relating to the same proclamation 
                        under section 201(a) or Executive order under 
                        section 201(b)(2) or 202(b).
            ``(6) Resolution of differences between the houses.--In the 
        case of a difference between the 2 Houses of Congress with 
        respect to the text of a joint resolution of approval passed by 
        both Houses:
                    ``(A) House.--Debate in the House of 
                Representatives on amendments between the Houses (or a 
                conference report) on the joint resolution of approval, 
                including a motion to concur with an amendment, shall 
                be limited to not more than 1 hour, which shall be 
                divided evenly between a proponent and an opponent. A 
                motion to further limit debate is not debatable. It is 
                not in order to move to reconsider the vote by which 
                the message or conference report is agreed to or 
                disagreed to.
                    ``(B) Senate.--During the consideration in the 
                Senate of a message between the Houses (or a conference 
                report) on the joint resolution of approval and all 
                amendments thereto, and debatable motions in connection 
                therewith, consideration shall be limited to 10 hours, 
                to be evenly divided between, and controlled by, the 
                majority leader and minority leader or their designees. 
                Consideration of any debatable motion related to the 
                message between Houses (or conference report), 
                including a motion to concur with an amendment, shall 
                be limited to 1 hour, to be evenly divided between, and 
                controlled by, the mover and the manager of a message 
                between Houses (or conference report). Points of order 
                and appeals shall be decided without debate.
                    ``(C) Limitation on amendments between the 
                houses.--The only amendments in order shall be 
                amendments--
                            ``(i) to add or remove one or more 
                        proclamations declaring a national emergency 
                        under section 201(a), Executive orders issued 
                        under section 201(b)(2), or Executive orders 
                        issued under section 202(b);
                            ``(ii) to strike a provision or provisions 
                        of law from the list required by subsection 
                        (a)(2); or
                            ``(iii) to add to that list a provision or 
                        provisions of law specified by the President 
                        under section 201(b) in a proclamation or 
                        Executive order that is the subject of the 
                        joint resolution of approval.
            ``(7) Treatment of veto message.--Debate on a veto message 
        in the Senate under this section shall be 1 hour evenly divided 
        between the majority and minority leaders or their designees.
    ``(c) Rule of Construction.--The enactment of a joint resolution of 
approval under this section shall not be interpreted to serve as a 
grant or modification by Congress of statutory authority for the 
emergency powers of the President.
    ``(d) Rules of the House and Senate.--This section is enacted by 
Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        the House in the case of joint resolutions of approval 
        described in this section, and supersedes other rules only to 
        the extent that it is inconsistent with such other rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

``SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING 
              INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.

    ``(a) In General.--In the case of a national emergency described in 
subsection (b), the provisions of the National Emergencies Act, as in 
effect on the day before the date of the enactment of the Congressional 
Power of the Purse Act, shall continue to apply on and after such date 
of enactment.
    ``(b) National Emergency Described.--
            ``(1) In general.--A national emergency described in this 
        subsection is a national emergency pursuant to which the 
        President proposes to exercise emergency powers or authorities 
        made available under the International Emergency Economic 
        Powers Act (50 U.S.C. 1701 et seq.), supplemented as necessary 
        by a provision of law specified in paragraph (2).
            ``(2) Provisions of law specified.--The provisions of law 
        specified in this paragraph are--
                    ``(A) the United Nations Participation Act of 1945 
                (22 U.S.C. 287 et seq.);
                    ``(B) section 212(f) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(f)); or
                    ``(C) any provision of law that authorizes the 
                implementation, imposition, or enforcement of economic 
                sanctions with respect to a foreign country.
    ``(c) Effect of Additional Powers and Authorities.--Subsection (a) 
shall not apply to a national emergency or the exercise of emergency 
powers and authorities pursuant to the national emergency if, in 
addition to the exercise of emergency powers and authorities described 
in subsection (b), the President proposes to exercise, pursuant to the 
national emergency, any emergency powers and authorities under any 
other provision of law.''.
    (b) Reporting Requirements.--Section 401 of the National 
Emergencies Act (50 U.S.C. 1641) is amended by adding at the end the 
following:
    ``(d) Report on Emergencies.--The President shall transmit to 
Congress, with any proclamation declaring a national emergency under 
section 201(a) or any Executive order specifying emergency powers or 
authorities under section 201(b)(2) or renewing a national emergency 
under section 202(b), a report, in writing, that includes the 
following:
            ``(1) A description of the circumstances necessitating the 
        declaration of a national emergency, the renewal of such an 
        emergency, or the use of a new emergency authority specified in 
        the Executive order, as the case may be.
            ``(2) The estimated duration of the national emergency, or 
        a statement that the duration of the national emergency cannot 
        reasonably be estimated at the time of transmission of the 
        report.
            ``(3) A summary of the actions the President or other 
        officers intend to take, including any reprogramming or 
        transfer of funds and any contracts anticipated to be entered 
        into, and the statutory authorities the President and such 
        officers expect to rely on in addressing the national 
        emergency.
            ``(4) In the case of a renewal of a national emergency, a 
        summary of the actions the President or other officers have 
        taken in the preceding one-year period, including any 
        reprogramming or transfer of funds, to address the emergency.
    ``(e) Provision of Information to Congress.--The President shall 
provide to Congress such other information as Congress may request in 
connection with any national emergency in effect under title II.
    ``(f) Periodic Reports on Status of Emergencies.--If the President 
declares a national emergency under section 201(a), the President 
shall, not less frequently than every 3 months for the duration of the 
emergency, report to Congress on the status of the emergency and the 
actions the President or other officers have taken and authorities the 
President and such officers have relied on in addressing the 
emergency.''.
    (c) Exclusion of Imposition of Duties and Import Quotas From 
Presidential Authorities Under International Emergency Economic Powers 
Act.--Section 203 of the International Emergency Economic Powers Act 
(50 U.S.C. 1702) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) The authority granted to the President by this section 
does not include the authority to impose duties or tariff-rate quotas 
or (subject to paragraph (2)) other quotas on articles entering the 
United States.
    ``(2) The limitation under paragraph (1) does not prohibit the 
President from excluding all articles imported from a country from 
entering the United States.''.
    (d) Conforming Amendments.--
            (1) National emergencies act.--Title III of the National 
        Emergencies Act (50 U.S.C. 1631) is repealed.
            (2) International emergency economic powers act.--Section 
        207 of the International Emergency Economic Powers Act (50 
        U.S.C. 1706) is amended--
                    (A) in subsection (b), by striking ``concurrent 
                resolution'' and inserting ``joint resolution'' each 
                place it appears; and
                    (B) by adding at the end the following:
    ``(e) In this section, the term `National Emergencies Act' means 
the National Emergencies Act, as in effect on the day before the date 
of the enactment of the Congressional Power of the Purse Act.''.
    (e) Effective Date; Applicability.--
            (1) In general.--Except as provided in paragraph (2), this 
        section and the amendments made by this section shall take 
        effect on the date of the enactment of this Act and apply with 
        respect to national emergencies declared under section 201 of 
        the National Emergencies Act on or after that date.
            (2) Applicability to renewals of existing emergencies.--
        When a national emergency declared under section 201 of the 
        National Emergencies Act before the date of the enactment of 
        this Act would expire or be renewed under section 202(d) of 
        that Act (as in effect on the day before such date of 
        enactment), that national emergency shall be subject to the 
        requirements for renewal under section 202(b) of that Act, as 
        amended by subsection (a).

SEC. 302. NATIONAL EMERGENCIES ACT DECLARATION SPENDING REPORTING IN 
              THE PRESIDENT'S BUDGET.

    Section 1105(a) of title 31, United States Code, as amended by 
section 204 of this Act, is further amended by adding at the end the 
following:
            ``(44)(A) a report on the proposed, planned, and actual 
        obligations and expenditures of funds (for the prior fiscal 
        year, the current fiscal year, and the fiscal year for which 
        the budget is submitted) attributable to the exercise of powers 
        and authorities made available by statute for use during the 
        period of a national emergency declared by the President under 
        section 201 of the National Emergencies Act (50 U.S.C. 1621), 
        currently active or in effect during the applicable fiscal 
        years.
            ``(B) Obligations and expenditures contained in the report 
        described in subparagraph (A) shall--
                    ``(i) be organized by Treasury Appropriation Fund 
                Symbol or fund account and by program, project, and 
                activity; and
                    ``(ii) include--
                            ``(I) a description of each such program, 
                        project, and activity;
                            ``(II) the authorities under which such 
                        funding actions are taken; and
                            ``(III) the purpose and progress of such 
                        obligations and expenditures toward addressing 
                        the applicable national emergency.
            ``(C) The report described in subparagraph (A) shall 
        include, with respect to any transfer, reprogramming, or 
        repurposing of funds to address the applicable national 
        emergency--
                    ``(i) the amount of such transfer, reprogramming, 
                or repurposing;
                    ``(ii) the authority authorizing each such 
                transfer, reprogramming, or repurposing; and
                    ``(iii) a description of programs, projects, and 
                activities affected by such transfer, reprogramming, or 
                repurposing, including by a reduction in funding.''.

SEC. 303. EMERGENCY AND OVERSEAS CONTINGENCY OPERATIONS DESIGNATIONS BY 
              CONGRESS IN STATUTE.

    Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) is amended--
            (1) in clause (i), by striking ``and the President 
        subsequently so designates''; and
            (2) in clause (ii), by striking ``and the President 
        subsequently so designates''.
                                 <all>