Overview
Title
To amend the Ethics in Government Act of 1978, the Rules of the House of Representatives, the Lobbying Disclosure Act of 1995, the Legislative Reorganization Act of 1946, the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, the Internal Revenue Code of 1986, the Foreign Agents Registration Act of 1938, the Financial Stability Act of 2010, and the Federal Funding Accountability and Transparency Act of 2006 to improve access to information in the legislative and executive branches of the Government, and for other purposes.
ELI5 AI
H.R. 8597, called the "Transparency in Government Act of 2024," is like a big plan to make sure everyone knows what the government is doing with money and big decisions, almost like making the government wear a magnifying glass to be super clear about everything they do!
Summary AI
H.R. 8597, titled the "Transparency in Government Act of 2024," aims to increase transparency and accountability within various branches of the U.S. government. It proposes amendments to a range of existing laws to improve public access to information about government activities, including financial disclosures, lobbying activities, and federal awards. The bill seeks to enhance transparency in legislative processes, executive branch operations, and the judicial system, such as requiring the publication of Supreme Court financial disclosures and improving access to court records. Additionally, it mandates the availability of presidential visitor logs, promotes better access to Congressional Research Service reports, and advances Freedom of Information Act requirements.
Published
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AnalysisAI
The Transparency in Government Act of 2024 spans a wide range of legislative initiatives aimed at enhancing transparency across various branches of the U.S. government. By amending existing laws related to ethics, lobbying, information access in the legislative and executive branches, and judicial proceedings, this bill seeks to improve access to information and increase public accountability.
Bill Overview
At its core, the Transparency in Government Act of 2024 aims to make government operations more transparent to the public. It includes measures such as mandating greater financial disclosure by Congress members, ensuring lobbying activities are more rigorously reported, and enhancing public access to government-funded projects. Additionally, the bill addresses how the judicial system operates by ensuring more open access to Supreme Court proceedings and judicial financial disclosures. It also introduces requirements for improved digital access to records under the Freedom of Information Act (FOIA), and streamlines certain procedures for civil action related to congressional subpoenas.
Significant Issues Identified
A major concern stems from the significant increase in penalties for contempt of Congress; the bill proposes fines of up to $1,000,000 and imprisonment for up to two years, with no clear criteria for when these penalties should be applied. This could lead to perceived or real excessiveness and inconsistency in enforcement.
Furthermore, the requirement to televise Supreme Court proceedings raises questions about how this might impact the court's integrity and the privacy of individuals involved in cases. The absence of guidance on managing costs and coverage adds to this concern.
The discretion granted to the Attorney General in withholding information for national defense or foreign policy reasons may reduce transparency and lead to inconsistent application.
There are also concerns about resource allocation. For example, establishing the Lobbying Disclosure Act Enforcement Task Force requires increased spending without clear budgetary provisions, highlighting potential issues of wasteful spending.
Potential Impacts on the Public and Stakeholders
The public may benefit from the bill’s aim to increase transparency in government operations. Greater access to financial disclosures, lobbying activities, and government-funded projects can foster public trust and enable citizens to hold their representatives more accountable.
However, specific stakeholders could be affected differently. Congress members may perceive the enhanced financial disclosure requirements as burdensome, given the increased reporting thresholds and frequency of reports. Lobbyists and organizations may face challenges adapting to new fast-paced disclosure timelines and newly defined transparency requirements, particularly smaller entities with fewer resources.
For the judicial system, while increased public access might enhance transparency, the impact on courtroom decorum and the potential implications for due process could pose challenges in maintaining the integrity of legal proceedings. Furthermore, Supreme Court proceedings' television requirements could come with high implementation costs without clear insights on how this initiative will be funded.
Overall, the bill puts forward a robust framework for government transparency, but it brings with it challenges that will need careful navigation to effectively balance transparency with practical implementation and cost-efficiency. As these measures are debated and potentially enacted, it will be crucial for stakeholders to manage the changes proactively to uphold the bill’s intent without overburdening governmental processes.
Financial Assessment
Financial References and Allocations in H.R. 8597
The Transparency in Government Act of 2024 makes several references to financial allocations and adjustments across different sections. Here are the key points regarding how the bill addresses monetary aspects and the potential implications related to identified issues.
Personal Financial Disclosure
The bill introduces changes to the threshold for personal financial disclosures by members of Congress. It amends the Ethics in Government Act of 1978, adjusting the reporting thresholds. Initially, members were required to disclose amounts greater than $15,000. This threshold increases significantly, requiring disclosures for amounts greater than $25,000 and subsequently for amounts within tiered brackets reaching $1,000,000. This change could both enhance transparency and increase administrative responsibilities, aligning with the bill’s broader aim of greater financial accountability.
Federal Contractor Compliance
Within the section dealing with federal contractor compliance, the bill states that no funds can be used for federal contracts exceeding $500,000 unless specific certifications are made about information accuracy and compliance with existing regulations. Additionally, the bill discusses financial thresholds in terms of contractor disclosure, lowering the disclosure threshold from $10,000,000 to $5,000,000. This tightening of requirements intends to ensure better oversight and compliance among federal contractors. Furthermore, a failure to disclose or update relevant information could lead to penalties including a civil fine not exceeding $200,000.
Suspension and Debarment Database
Significant changes to financial thresholds and fines are noted in the section about the suspension and debarment database. The bill reduces the threshold for reporting certain financial information from $10,000,000 to $5,000,000. It also introduces civil fines up to $200,000 for knowing and willful violations of these reporting requirements. These changes could potentially contribute to more stringent oversight and accountability within federal contracting.
Grants Transparency Requirements
The bill demands that executive agencies provide explanations for grant award decisions if requested by applicants, but only for grants exceeding $100,000. The focus on this transparency could increase administrative burdens while also promoting fairness and insight into governmental grant decision processes.
Penalties for Contempt of Congress
Notably, the most consequential financial reference involves the dramatic increase in penalties for contempt of Congress. The penalty is raised to a maximum of $1,000,000 fine or up to two years’ imprisonment, or both. While this increase underscores the seriousness of contempt actions, it also raises concerns about the broad application and potential for misuse, as the issues section highlights. The lack of specific criteria for imposing such penalties could lead to inconsistencies in enforcement and potential legal challenges.
Overall Financial Implications
In sum, H.R. 8597 focuses on increasing financial transparency across various governmental levels, updating financial thresholds for disclosure, and introducing stringent penalties to ensure compliance. While these measures aim to bolster transparency and accountability, they might also lead to significant administrative burdens and potential budgetary challenges, as noted in issues regarding the cost of implementing such reforms. These financial provisions require careful consideration to balance transparency goals with practical execution within existing governmental budgets.
Issues
The increase in penalty for contempt of Congress is significant, raising it to a maximum of $1,000,000 fine or 2 years of imprisonment, or both, without providing clear circumstances or criteria for the application of these penalties (Section 623). This could be seen as excessively punitive and raises concerns about potential misuse or uneven application.
The requirement for televising Supreme Court proceedings without addressing the potential impact on the integrity and decorum of the court, privacy concerns, or how coverage will be managed may lead to significant debates about the judicial process (Section 801).
The absence of specific criteria or guidelines to determine what constitutes a violation of due process rights in the context of televising Supreme Court proceedings could lead to inconsistent interpretations or decisions, thereby affecting the judiciary's operations (Section 678).
The establishment of the Lobbying Disclosure Act Enforcement Task Force could lead to increased spending due to its broad functions without detailed budget or cost implications, raising concerns about potential wasteful spending (Section 402).
The ambiguity in terms such as 'substantial harm' regarding FOIA disclosure of commercial or financial information might lead to varied interpretations and potential litigation, affecting transparency and legal proceedings (Section 702).
The bill does not specify who will bear the costs associated with implementing the requirement for televising Supreme Court proceedings, leading to potential concerns about budgetary implications and wasteful spending (Section 801).
Language granting the Attorney General significant discretion in withholding information due to national defense or foreign policy interests may lead to subjective decision-making and concerns over transparency (Section 613).
The provision for expedited online registration of lobbyists with reduced timelines may impose burdens on organizations, especially smaller entities, potentially affecting their ability to comply effectively (Section 404).
Requirements for digital access to records under the Freedom of Information Act might lead to increased administrative burdens on agencies if not properly funded, raising concerns about potential overspending (Section 701).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this act establishes that it will be known as the "Transparency in Government Act of 2024."
2. Table of contents Read Opens in new tab
Summary AI
The text outlines the table of contents for an Act aimed at improving transparency and access to information in various government operations. It includes provisions for enhancing disclosure of information related to Congress, lobbying activities, federal awards, and executive branch actions, as well as strengthening the Freedom of Information Act and promoting transparency within the judicial system.
101. Greater disclosure and electronic filing of personal financial information Read Opens in new tab
Summary AI
The bill proposes increased financial transparency for members of Congress and their families by raising the thresholds for reporting personal financial information, requiring quarterly reports for large transactions, and ensuring these reports are available online in a user-friendly format within 48 hours of filing. These changes aim to enhance the public's access to financial information about Congress members, starting from the calendar year after the bill’s enactment.
Money References
- (a) Additional financial disclosure requirements.—(1) Section 102(a)(1)(B) of the Ethics in Government Act of 1978 (5 U.S.C. App. 102(a)(1)(B)) is amended in clause (iv) by striking “$15,000” and inserting “$25,000” and by striking clauses (v) through (ix) and inserting the following new clauses: “(v) greater than $25,000 but not more than $100,000, rounded to the nearest $10,000, “(vi) greater than $100,000 but not more than $1,000,000, rounded to the nearest $100,000, or “(vii) greater than $1,000,000, rounded to the nearest $1,000,000.
- (3) Section 102(d) of such Act (5 U.S.C. App. 102(d)) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: “(2) The categories for reporting the amount or value of the items covered in paragraphs (3) or (4) of subsection (a) are as follows: “(A) Not more than $15,000. “(B) Greater than $15,000 but not more than $25,000. “(C) Greater than $25,000 but not more than $100,000, rounded to the nearest $10,000. “(D) Greater than $100,000 but not more than $1,000,000, rounded to the nearest $100,000. “(E) Greater than $1,000,000, rounded to the nearest $1,000,000.”
- “(j) In addition to any other report required to be filed by a Member of Congress or officer or employee of the Congress, each such individual is required to file a quarterly report on April 30, July 30, October 30, and January 30 of each year covering the preceding calendar quarter if that individual (or the spouse or any dependent child of that individual) purchased, sold, or exchanged any property described in subsection (a)(5) valued at not less than $250,000 during that calendar quarter.
- For any such transaction of not less than $250,000, such report shall contain all of the information required under subsection (a)(5).”. (2)(A) Clause 1 of rule XXVI of the Rules of the House of Representatives is amended by inserting “(a)” after “1.” and by adding at the end the following new paragraphs: “(b) If any report is filed with the Clerk for a calendar quarter pursuant to section 101(i) of the Ethics in Government Act of 1978, the Clerk shall compile all such reports sent to the Clerk by Members and have them printed as a House document, which shall be made available to the public, as soon as practicable.
102. Greater disclosure of travel reports Read Opens in new tab
Summary AI
Any foreign travel report filed with a House committee chair must be posted online in a format that can be searched and sorted within 48 hours, and this rule applies to travel starting after the law is enacted.
103. Greater disclosure of gift reports Read Opens in new tab
Summary AI
The bill requires the Clerk of the House to post gift reports on the internet within 48 hours of receiving them. This new rule applies to reports filed after the resolution is adopted and is meant to enhance transparency by ensuring timely public access to these documents.
104. Greater disclosure of earmarks Read Opens in new tab
Summary AI
The section outlines new rules requiring Congress members to disclose detailed information about any earmarks or benefits they request, such as the recipient's details and the purpose of the request. This information must be posted online both by the members and relevant committees, and a searchable database will be created to make all earmark data available to the public.
105. GAO study and report on effects of written requests by members of Congress for funding of projects Read Opens in new tab
Summary AI
The Comptroller General is required to investigate how requests by Congress members for project funding influence decisions by the executive branch, and must report the findings to Congress within one year of the law's passage.
201. Increased transparency of committee work Read Opens in new tab
Summary AI
The section mandates that House committees must post public hearing and markup schedules, as well as various materials such as topics, testimony, and recordings, on their websites simultaneously with their members, while also requiring that amendments and votes related to bills or resolutions be published within 24 hours of being ordered, excluding minor technical changes. Similar requirements are to be established for the Senate.
202. Increased transparency of recorded votes Read Opens in new tab
Summary AI
The section outlines that the Clerk of the House and the Secretary of the Senate must publish a detailed record of each Member's or Senator's votes on their official websites. It also requires that Members and Senators link to these voting records from their own websites, and specifies that this applies to votes after the law is enacted.
203. Electronic format Read Opens in new tab
Summary AI
The amendment to Chapter 2 of Title 1 of the United States Code requires that, whenever possible, all bills, resolutions, orders, and votes be created, shared, and published in electronic formats that can be searched, following guidelines set by advisory bodies established by Congress. Additionally, the table of sections is updated to include this new requirement under “107a. Electronic format.”
107a. Electronic format Read Opens in new tab
Summary AI
To make it easier to access and share, all official documents like bills and resolutions should be made available in electronic formats that are easy to search. This should be done according to guidelines set by advisory groups created by Congress.
205. Use of data standards by congressional support offices Read Opens in new tab
Summary AI
All congressional support offices are required to use the data standards suggested by the Congressional Data Task Force whenever possible for creating, exchanging, and publishing congressional information.
206. Inclusion of digital version of funding tables in reports accompanying appropriations bills Read Opens in new tab
Summary AI
The section requires the Clerk of the House of Representatives and the Secretary of the Senate to make sure that reports with appropriations bills include a digital spreadsheet showing money distribution details for each fiscal year. This rule starts with bills for the fiscal year 2024 and future years.
207. Select committee on the modernization of congress Read Opens in new tab
Summary AI
The section suggests that the House of Representatives should set up a Modernization Select Committee every four Congresses to regularly review and improve its operations and efficiency. This recommendation is based on the idea that as changes happen more quickly, it's important for Congress to evaluate its processes more frequently, similar to the last reform effort in 1993.
208. Expanded information in house staff directory Read Opens in new tab
Summary AI
The Clerk of the House of Representatives is required to report to specific House committees within 90 days about whether it's possible to add more details to the House staff directory, like what each staff member's job is and what they're responsible for.
301. Inclusion of reports from archive Read Opens in new tab
Summary AI
The section modifies the Legislative Branch Appropriations Act to redefine a "CRS Report" to include archived reports or products created before this law came into effect.
302. Availability of reports in structured format Read Opens in new tab
Summary AI
The amendment to Section 154(b)(1)(B) of the Legislative Branch Appropriations Act, 2018, requires that reports be made available in a structured data format, which means the information is organized in a standardized way that can be easily accessed and analyzed.
303. Report on making other materials available Read Opens in new tab
Summary AI
The section requires that within one year of the law's enactment, the Director of the Congressional Research Service must submit a report to Congress detailing the actions needed to make certain materials and publications available on a website managed by the Librarian of Congress.
304. Effective date Read Opens in new tab
Summary AI
The changes made by sections 301 and 302 will start as if they were originally part of section 154 of the Legislative Branch Appropriations Act, 2018.
401. Short title Read Opens in new tab
Summary AI
The section gives the short title of the legislation, which is the "Lobbyist Disclosure Enhancement Act."
402. Modifications to enforcement Read Opens in new tab
Summary AI
The section outlines modifications to the enforcement of the Lobbying Disclosure Act of 1995, including the creation of a task force led by the Attorney General to improve investigation and prosecution of noncompliance, and establishes systems for public reporting of violations. It also updates requirements for reporting enforcement actions and allows the Attorney General to suggest improvements to Congress.
403. Definition of lobbyist Read Opens in new tab
Summary AI
The section removes the 20 percent threshold rule from the Lobbying Disclosure Act of 1995, allowing all lobbying activities to be considered regardless of the percentage of time they take up. This change will start to apply after a specific waiting period described in the law.
404. Expedited online registration of lobbyists; thresholds for certain organizations whose employees are lobbyists Read Opens in new tab
Summary AI
The section amends the Lobbying Disclosure Act to speed up the process for lobbyists to register online, changing the deadline from 45 days to 10 days. It also introduces a new rule for organizations with a lobbyist who only works for them, stating they only need to register if the lobbyist makes more than one lobbying contact.
405. Disclosure of political contributions Read Opens in new tab
Summary AI
The section changes the deadline for disclosing political contributions under the Lobbying Disclosure Act from 30 days after a semiannual period to 20 days after each quarterly period ends. This amendment will start to apply from the first quarterly period that begins after 90 days from the law's enactment date.
406. Identification numbers for lobbyists Read Opens in new tab
Summary AI
The section mandates that each lobbyist be given a unique identification number when their registration or report is filed under the Lobbying Disclosure Act of 1995. It also requires that, within 60 days of the law's enactment, a report be submitted to Congress detailing the progress in implementing this system, including how the identification numbers are used in documents filed in a structured data format.
407. Ethics training for lobbyists Read Opens in new tab
Summary AI
The section requires lobbyists to complete ethics training, starting within six months of their first lobbying job and every five years after, with proof of completion sent to Congress officials. The ethics committees of the House and Senate decide the training details and ensure its quality, and the information about compliance is made public on the relevant government websites.
27. Ethics training for lobbyists Read Opens in new tab
Summary AI
Any lobbyist must complete ethics training within six months of starting their work and every five years afterward, while also submitting proof of training to Congress. The ethics committees decide on the training details and oversight, and the House and Senate offices ensure certifications are correct and publicly available online.
408. Repeal of exemption of reporting lobbying contacts reported under Foreign Agents Registration Act Read Opens in new tab
Summary AI
The section repeals a part of a law that previously allowed certain lobbying activities reported under the Foreign Agents Registration Act to be exempt from disclosure. This change will start taking effect after a 90-day period following the law's enactment.
409. Repeal of use of estimates based on tax reporting system Read Opens in new tab
Summary AI
The section explains that Section 15 of the Lobbying Disclosure Act of 1995, which was based on estimates from a tax reporting system, is being repealed or removed.
501. Improving application programming interface and website data elements Read Opens in new tab
Summary AI
The section updates the Federal Funding Accountability and Transparency Act of 2006 to improve data elements and access via application programming interfaces. It introduces new requirements for reporting details on federal awards, including competition levels, award specifics, and information on businesses receiving awards, while ensuring data is available in a standardized, machine-readable format.
502. Improving data quality Read Opens in new tab
Summary AI
The bill aims to improve the quality of data used by federal agencies by requiring Inspectors General to conduct annual audits and submit reports, which include data accuracy reviews and recommendations for improvements. It also mandates that reports be made public, assesses the subaward reporting system for flaws, and ensures that federal award information is verified before distribution.
9. Improving data quality Read Opens in new tab
Summary AI
The section outlines that each Inspector General must conduct an annual audit of the data used by their Federal agency's website to ensure accuracy and quality. Additionally, the Office of Management and Budget (OMB) must make these audit reports public each year. The section also mandates improvements to the reporting system for federal subawards and requires the verification of recipient data before federal funds are distributed.
503. Requirements relating to reporting of award data Read Opens in new tab
Summary AI
The section requires the Director of the Office of Management and Budget to update instructions for federal agencies on how they report award data. This includes making sure the award descriptions are detailed and clarifying how data accuracy is checked. It also mandates adding city information where work is done, and defines "Federal agency" and "Federal award" using an existing law.
504. Recipient performance transparency Read Opens in new tab
Summary AI
The amendment to the Federal Funding Accountability and Transparency Act requires that a unique identifier used to track entities receiving federal awards also be used to link performance details about those entities in the System for Award Management. This change must be in place within six months of the law's passage.
10. Recipient performance transparency and past performance Read Opens in new tab
Summary AI
The Director is required to make sure that the unique identifier for entities receiving awards, as mentioned in an earlier section, is connected to their records on the System for Award Management. This helps keep track of their qualifications and responsibilities.
505. Improvement of responsibility/qualification information Read Opens in new tab
Summary AI
Section 505 of the bill changes the rules from a "5-year period" to a "10-year period" and adds new parts to the law. Specifically, it includes provisions for administrative and civil proceedings that if there's a settlement or judgment without a clear finding of fault, it should be noted.
506. Federal contractor compliance Read Opens in new tab
Summary AI
The section outlines requirements for federal contractors and federal agency inspections. It mandates periodic reviews of contract files by agency Inspectors General and ensures contractors report certain certifications, particularly for contracts above specific monetary thresholds. Additionally, it requires an annual report on contractors who are suspended or debarred yet receive Federal contracts or obtain waivers.
Money References
- (2) CONTRACTS IN EXCESS OF $500,000.—No funds appropriated or otherwise made available by any Act may be used for any Federal contract for the procurement of property or services in excess of $500,000 unless the contractor— “(A) certifies that the contractor has submitted to the Administrator of General Services the information required under subsection (c) and that such information is current as of the date of such certification; or “(B) certifies that the contractor has cumulative active Federal contracts and grants with a total value of less than $10,000,000.”
507. Improving access to information disclosed on lobbying activities Read Opens in new tab
Summary AI
The section requires the Administrator of General Services to create an online database within 180 days where information on lobbying activities is filed electronically. This database should be accessible to the public, allow for searching and sorting, be machine-readable, and provide downloadable content.
508. Inclusion of narratives on USASpending.gov Read Opens in new tab
Summary AI
The section requires the Director of the Office of Management and Budget to enable agencies to upload narratives about federal awards on USASpending.gov within 90 days of the bill's enactment. It also defines "agency" and "federal award" using existing legal sources.
509. Suspension and debarment database Read Opens in new tab
Summary AI
The section discusses changes to the suspension and debarment database by extending the data collection period to 10 years, lowering the thresholds for financial disclosures, and adding new requirements for the publication of contractor evaluation ratings. It also introduces penalties for failing to update information and establishes a process for regular audits to ensure compliance with the law.
Money References
- (a) Expansion of required data; publication of contractor evaluation ratings.—Subsection (c) of section 2313 of title 41, United States Code is amended— (1) in the matter before paragraph (1), by striking “5-year period” and inserting “10-year period”; (2) in paragraph (1)— (A) by striking “in connection with the award or performance of a contract or grant with the Federal Government”; (B) in subparagraph (B), by striking “$5,000” and inserting “$1,000”; and (C) in subparagraph (C)— (i) in clause (i), by striking “$5,000” and inserting “$1,000”; (ii) in clause (ii), by striking “$100,000” and inserting “$10,000”; and (3) by inserting at the end the following new paragraph: “(9) Contractor evaluation ratings as provided for in subsection (b)(4) of section 42.1503 of title 48, Code of Federal Regulations, as in effect on the date of the enactment of this paragraph.”. (b) Public availability of ratings.—Section 3010 of the Supplemental Appropriations Act, 2010 (41 U.S.C. 2313 note; Public Law 111–212), is amended by adding after “website” the following: “Contractor evaluation ratings shall not be considered past performance reviews for the purposes of this section.”
- (d) Lower disclosure and beneficial ownership threshold.—Subsection (f) of section 2313 of title 41, United States Code, is amended— (1) in the matter before paragraph (1), by striking “$10,000,000” and inserting “$5,000,000”; and (2) in paragraph (1), by striking “subsection (c)” and inserting “subsections (c) and (d)”. (e) Liability; audits.—Section 2313 of title 41, United States Code, is amended by adding at th end the following new subsections: “(h) Enforcement.—A knowing and willful failure to disclose or update information in accordance with subsection (f) may result in one or more of the following: “(1) Entry of the violation in the database described by this section.
- “(2) A civil fine not exceeding $200,000. “(3) Referral for suspension or debarment.
601. Agency defined Read Opens in new tab
Summary AI
In this section, the term "agency" is defined according to the meaning given in section 551 of title 5 of the United States Code, with exceptions provided in section 606.
602. Requirement for disclosure of Federal sponsorship of all Federal advertising or other communications Read Opens in new tab
Summary AI
Federal agencies must include a clear notice in any advertisement or communication they pay for, telling viewers that it's paid for by them, unless the message is really short, like under 200 characters, or sent by text message. "Advertisement or communication" covers anything shared in print, online, or spoken by someone.
603. Improving access to influential executive branch official’s visitor access records Read Opens in new tab
Summary AI
The section mandates that the President and heads of each agency must publicly share all visitor access records for the White House and respective agencies every month, starting 30 days after the law's enactment. However, they can withhold certain information if it involves personal privacy, safety concerns, or national security, and may also exclude records of personal guests or sensitive meetings like those with potential Supreme Court nominees.
604. Improving rulemaking disclosure for the Office of Information and Regulatory Affairs Read Opens in new tab
Summary AI
The section requires the Office of Information and Regulatory Affairs to include certain documents and communications in the rulemaking docket after a centralized review, detailing changes made to proposed or final rules. It also defines "centralized regulatory review" and clarifies that it doesn't replace other disclosure laws.
605. Improving registration information from agents of foreign principals Read Opens in new tab
Summary AI
The section improves the way information from agents of foreign principals is accessed online by requiring it to be in a format that is easy to search, sort, download, and read by machines. It also removes an exemption that allowed some foreign agents to avoid registration by filing reports under another act and requires them to follow new timing rules for filing their registration statements. The changes will take effect 30 days after the law is enacted.
606. Government-wide entity identifier Read Opens in new tab
Summary AI
Each U.S. government agency is required to ensure that private sector entities they regularly work with use a unique identifier, making it easier to track and categorize information across various federal systems. This identifier will be based on standards recognized internationally by specific oversight groups.
607. Grants transparency requirements Read Opens in new tab
Summary AI
The document introduces transparency requirements for federal grants, detailing definitions, pre-award evaluation procedures, and the development of a comprehensive website for finding and applying for grants. It mandates explanations for failed applicants, outlines reports on workforce trends and training, and requires Inspector General reviews to ensure conflict of interest policies are effective.
Money References
- If requested by an applicant for a competitive grant, for each grant award made in an amount in excess of $100,000 pursuant to a merit-based selection procedure, an Executive agency shall provide the applicant with a timely direct interaction describing the basis for the award decision of the Executive agency, including, if applicable, the decision not to award a grant to the applicant.”
7401. Definitions Read Opens in new tab
Summary AI
In this chapter, the term "applicant" refers to an entity applying for a grant, while a "competitive grant" is awarded through a merit-based process by an Executive agency. The "Executive agency" is defined by section 105 of title 5, excluding the Government Accountability Office. A "grant" involves federal financial aid for public purposes, and a "grant reviewer" evaluates applications, encompassing peer and merit reviewers and members of technical or special panels.
7402. Pre-award evaluation requirements Read Opens in new tab
Summary AI
The section outlines that before awarding competitive grants, an Executive agency must evaluate the risks of the applicant's ability to successfully manage the grant. It mentions a simpler evaluation process for applicants considered low risk, aiming to reduce their application burden while using existing audits where possible.
7403. Website relating to Federal grants Read Opens in new tab
Summary AI
The section requires the Office of Management and Budget to improve the grants.gov website, making it a centralized platform for federal grant opportunities, allowing applicants to find and apply for grants easily. It also mandates regular updates with detailed information about grants, a forecast of future solicitations, and complete transparency of information, ensuring it is searchable, downloadable, and available without charge, while maintaining sensitive information confidentiality.
7404. Postdecision explanation for failed applicants Read Opens in new tab
Summary AI
The section explains that if someone applies for a government grant worth over $100,000 and doesn't receive it, they can ask the agency for an explanation. The agency must then provide a detailed and timely explanation of why the applicant did not receive the grant.
Money References
- If requested by an applicant for a competitive grant, for each grant award made in an amount in excess of $100,000 pursuant to a merit-based selection procedure, an Executive agency shall provide the applicant with a timely direct interaction describing the basis for the award decision of the Executive agency, including, if applicable, the decision not to award a grant to the applicant.
611. Short title Read Opens in new tab
Summary AI
The section provides the short title of the legislation, which can be referred to as the "See UNdisclosed Legal Interpretations and Get Honest Transparency Act of 2024" or the "SUNLIGHT Act of 2024."
612. Schedule of publication for final OLC opinions Read Opens in new tab
Summary AI
Each final opinion from the Office of Legal Counsel must be made public within specific timeframes depending on when it was issued. Opinions issued after this law will be published within 30 days, and older opinions will be released progressively over the next four years, with the oldest taking the longest.
613. Exceptions and limitation on public availability of final OLC opinions Read Opens in new tab
Summary AI
The section outlines rules for when final opinions from the Office of Legal Counsel (OLC) can be kept from the public. Opinions can be withheld for reasons like national defense, privacy, or trade secrets, but any decision to withhold must be publicly justified and reviewed every three years. Even if an opinion is withheld, a summary must still be provided, and any parts of an opinion that can be separated from the sensitive information should be released.
614. Method of publication Read Opens in new tab
Summary AI
The section describes how the Attorney General must publish final OLC opinions. These opinions should be available online in a format that anyone can access without restrictions. The website should offer search features by title, publication or revision date, and full text, as well as allow bulk downloads and provide free access without requiring registration or fees.
615. Index of opinions Read Opens in new tab
Summary AI
The bill requires the Office of Legal Counsel to publish a comprehensive and updated list of all its final opinions within 90 days of the bill's enactment and to update it every time a new opinion is finalized. This list must be accessible to the public online, include detailed information about each opinion, and be available in both human-readable and machine-readable formats.
616. Private right of action Read Opens in new tab
Summary AI
The section allows a person to ask a district court to order an agency to provide information from a final Office of Legal Counsel (OLC) opinion if it was wrongly withheld. The court will review the case from scratch and may privately examine the OLC opinion to decide if the information is correctly kept from the person based on certain legal exemptions, with the responsibility on the agency to justify its decision.
617. Severability Read Opens in new tab
Summary AI
If any part of this law is found to be invalid or doesn’t apply to a person or situation, the rest of the law and its application to other people and situations will still remain in effect.
618. Definitions Read Opens in new tab
Summary AI
The section defines key terms related to "OLC opinions," which are legal interpretations by the Department of Justice's Office of Legal Counsel communicated to others in the Executive Branch. It further specifies what constitutes a "final OLC opinion" and a "revised OLC opinion," detailing conditions for each, such as the finality determination by senior officials and the reliance on the opinion for legal guidance.
621. Availability of civil action to enforce House of Representatives subpoenas Read Opens in new tab
Summary AI
In this section, the House of Representatives is given the ability to file a civil lawsuit to enforce a subpoena, provided they authorize it through a resolution. It also outlines how the House will be represented legally, the criteria for court jurisdiction over defendants, the process for handling privileged information, and the requirement for quick resolution of these cases.
622. Alternate procedures for enforcement of criminal contempt of Congress Read Opens in new tab
Summary AI
The bill section outlines procedures when a current or former executive branch officer is found in contempt of Congress. If the Department of Justice does not act, a special counsel can be appointed to investigate and prosecute, with detailed rules for appointment, authority, and removal, as well as how expenses and reports to Congress are managed.
623. Increase in penalty for contempt of Congress Read Opens in new tab
Summary AI
Section 623 of the bill increases the penalty for contempt of Congress by amending the current law. It changes the maximum fine to $1,000,000 and the maximum imprisonment to 2 years.
Money References
- Section 102 of the Revised Statutes of the United States (2 U.S.C. 192) is amended by striking “deemed” and all that follows through “twelve months” and inserting “fined not more than $1,000,000 or imprisoned not more than 2 years, or both”. ---
624. Authority of United States Capitol Police to enforce citations Read Opens in new tab
Summary AI
The United States Capitol Police now have the authority to enforce citations related to violations involving the House of Representatives, including those for contempt. This change will take effect 90 days after the law is enacted.
625. Collection of penalties imposed by the House of Representatives on persons cited for contempt of House Read Opens in new tab
Summary AI
The section explains that if the House of Representatives declares someone in contempt, it can start a civil lawsuit to collect a fine, with its General Counsel representing the House. The court has the authority to handle cases linked to defendant's actions within its area or connected to it and should resolve these cases swiftly during the same Congress session.
626. No effect of expiration of Congress on pending actions Read Opens in new tab
Summary AI
In Section 626, it states that any civil lawsuit started by the House of Representatives will continue to be valid even if the Congress during which it was initiated ends. This means that the expiration of Congress does not affect the lawsuit's progress or the authority of the House's legal team involved in the case.
631. Short title Read Opens in new tab
Summary AI
This section specifies that the subtitle should be referred to as the "Promoting Accountability and Security in Transitions Act of 2024" or the "PAST Act of 2024".
632. Sense of Congress Read Opens in new tab
Summary AI
The section outlines the importance of preserving Presidential records, emphasizing that it is a legal requirement due to their historical and governmental significance. It highlights the dangers of improperly handling these records, especially during Presidential transitions, and stresses the need for cooperation with national archives and robust funding to ensure continued accountability, national security, and smooth governmental operations.
633. Definitions Read Opens in new tab
Summary AI
The amended Section 2201 of title 44 in the U.S. Code expands definitions relevant to electronic communications. It clarifies that 'electronic messaging account' includes emails, texts, voicemails, and social media apps, and defines terms like 'official messaging account' and 'dispose', which means to destroy or alter documentary materials.
634. Management and custody of Presidential records Read Opens in new tab
Summary AI
The bill amends rules about how Presidential records are managed and disposed of. It requires the President to consult with the Archivist before getting rid of records and ensures public access to related communications. Every two years, the Archivist must report to Congress and the President on the records management activities. Additionally, several sections were restructured and updated to reflect these changes.
635. Restrictions on access to Presidential records Read Opens in new tab
Summary AI
The amendment to Section 2204 of Title 44, United States Code, makes it so that decisions denying access to Presidential records can be challenged in court, and it clearly allows people to file lawsuits to request access to these records in certain cases. The court can then order the records to be released unless they fall into specific restricted categories or there's a valid legal reason to keep them secret.
636. Exceptions to restricted access Read Opens in new tab
Summary AI
Section 636 changes the rules for how certain government documents can be accessed by committees in Congress. Now, these documents can only be shared with the Chairman or Ranking Member of a committee if they specifically request it, and the documents must only pertain to the business of that committee or subcommittee.
637. Regulations Read Opens in new tab
Summary AI
Section 637 amends a part of the U.S. Code to require the Archivist to set rules about using electronic messaging for official and non-official purposes. These rules include how to handle records from non-official accounts, preserve digital media, and manage messaging apps with features like auto-deleting. The Archivist must also provide and update implementation guidance each year.
638. Disclosure requirement for official business conducted using non-official electronic messaging accounts Read Opens in new tab
Summary AI
The amended section requires the President to release guidelines within 90 days of taking office that prevent the use of non-official electronic messaging accounts for government business, particularly those that can't be easily forwarded to official accounts, and prohibit using messaging apps with auto-delete features.
639. Presidential Transition Act of 1963 Read Opens in new tab
Summary AI
The amendments to the Presidential Transition Act of 1963 enhance the transition process by requiring detailed national security summaries for the President-elect, safeguarding records with the Archivist's oversight, ensuring timely access to transition resources, and establishing reporting obligations on compliance with transition procedures to Congress.
640. Former Presidents Read Opens in new tab
Summary AI
The amendment to the Former Presidents Act of 1958 allows for withholding retirement benefits and other privileges from former presidents if they fail to meet certain legal requirements, such as those related to document preservation or the presidential transition. The benefits will remain withheld until one year after the violation is determined, or until the former president complies with the requirements, whichever comes later.
641. Presidential archival depository Read Opens in new tab
Summary AI
The section of the bill modifies rules related to Presidential archival depositories. It states that the Archivist must ensure a former President complies with records requirements before storing their materials and restricts funds from being used to digitize records a former President wants to add to a depository. Additionally, it adjusts how certain financial conditions apply to Presidents who harm the integrity of their records.
701. Digital access to records made available under the Freedom of Information Act Read Opens in new tab
Summary AI
The section amends the Freedom of Information Act to require that, within two months, agencies make electronic copies of records requests and responses available on their website for free in a searchable, sortable, downloadable format, unless doing so would impose an excessive cost on the agency.
702. Freedom of Information Act Amendments Read Opens in new tab
Summary AI
The amendments to the Freedom of Information Act (FOIA) in this section aim to enhance transparency by requiring agencies to make certain records, such as meeting materials, reports, agency organization charts, and legal documents, more accessible. It also allows FOIA officers to access electronic records easily, clarifies court procedures for handling FOIA disputes, adjusts rules for disclosing commercial information, and adds new reporting requirements for agencies regarding their management of FOIA requests.
Money References
- (a) Disclosure of certain records.—Section 552(a)(2) of title 5, United States Code, is amended by adding at the end the following: “(F)(i) materials related to the operations and establishment of advisory committees (as defined in section 1001) and any subcommittee thereof, including events, timelines, agendas, minutes, transcripts, recordings, committee member names and biographies, conflict of interest waivers, committee charters, and any other related materials; “(ii) unclassified reports submitted to Congress by the head of the agency; “(iii) unclassified testimony submitted to Congress by the head of the agency; “(iv) agency organization charts and directories with the contact information for all offices of the agency; “(v) any log relating to a request for a record under paragraph (3), including any tracking number assigned to the request, the date the request was received by the head of the agency, the subject of the request, and the disposition of the request; “(vi) any record that reflects the official calendar of the head of the agency, including a record that reflects an event, meeting, or telephone call scheduled for the head of the agency; “(vii) a list— “(I) identifying— “(aa) each contract or grant of the agency with a value exceeding $100,000,000; or “(bb) the 10 contracts or grants of the agency with the highest value if fewer than 10 contracts or grants have a value exceeding $100,000,000; “(II) the award ID for each such contract or grant; “(III) a description of each such contract or grant, including the award type of the contract or grant; “(IV) the recipient of each such contract or grant; “(V) the start and end date each such contract or grant; and “(VI) the total obligations related to the contract or grant; “(viii) final reports or memoranda created by an entity other than the agency, including other Governmental entities, at the request of the head of the agency and used to make a final policy decision; “(ix) any memorandum from the Office of Legal Council of the Department of Justice provided to the head of the agency; “(x) any documents containing legal analysis relied upon formally or informally by the head of the agency to respond to the public; “(xi) any documents containing legal analysis relied upon formally or informally by the head of the agency to inform policy analysis or policy determinations; and “(xii) unclassified reports of the Inspector General of the agency.”. (b) Access to electronic records by FOIA officers.—Section 552(a)(3)(C) of title 5, United States Code, is amended to read as follows:
703. Other matters Read Opens in new tab
Summary AI
The section outlines several amendments to the United States Code to enhance transparency and accountability in government. It includes changes to make it harder for agencies to withhold information without a clear reason, requires them to disclose the names of individuals responsible for denying information requests, mandates audits by the Government Accountability Office, and introduces a public interest test to ensure that the potential harm of releasing information does not outweigh the benefits of public access.
801. Televising Supreme Court proceedings Read Opens in new tab
Summary AI
The proposed law requires the Supreme Court to allow television coverage of its open sessions unless a majority of justices believe that such coverage would violate the due process rights of the parties involved.
678. Televising supreme court proceedings Read Opens in new tab
Summary AI
The Supreme Court is required to allow television coverage of its open sessions. However, the justices can vote to prohibit coverage if they believe it would infringe on the due process rights of any party involved in the case.
802. Audio recording of Supreme Court proceedings Read Opens in new tab
Summary AI
The section requires the Chief Justice of the United States to ensure that audio recordings of Supreme Court oral arguments are made available to the public on the Supreme Court's website as soon as they are recorded.
803. Availability on the internet of financial disclosure reports of judicial officers Read Opens in new tab
Summary AI
The Judicial Conference is required to make financial disclosure reports filed by judicial officers available on its website within 48 hours of their deadline. The reports must be accessible in a format that is searchable, sortable, downloadable, and machine-readable.
804. GAO audit of pacer Read Opens in new tab
Summary AI
The section requires the Comptroller General of the United States to audit the public access to court electronic records system within one year of the law's enactment. The results and any suggestions for improvements must be reported to Congress, the Administrative Office of the United States Courts, and relevant federal agencies.
805. Electronic court records reform Read Opens in new tab
Summary AI
The section outlines a plan for the United States Courts to consolidate their electronic filing system and public records access within two years, utilizing modern technology to improve security and accessibility while minimizing costs and burdens, especially for individuals representing themselves. It also allows states to participate in the system for a fee, ensures free public access to court documents (with exceptions), and requires that records be text-searchable and include audio-visual options when available.
901. Report by the Government Accountability Office Read Opens in new tab
Summary AI
The Government Accountability Office (GAO) is tasked with annually auditing executive and legislative branch agencies to ensure that legally required public data is correctly shared online. This includes checks on data accessibility, format, and adherence to standards, with a report of findings sent to relevant congressional committees.
1001. Transfer of certain records to archivist of United States Read Opens in new tab
Summary AI
The section outlines the procedure for the Attorney General to transfer certain records from the 1980s to the Archivist of the United States within 90 days of the Act's enactment, unless a request to keep any records is made and approved. If the Archivist denies the request to retain records, the transfer must occur within 30 days, and non-compliance can lead to legal action by the Archivist.
1002. Data standards Read Opens in new tab
Summary AI
The bill adds a new section that requires the Secretary of the Treasury to establish common data standards for financial information that entities report to member agencies. These standards aim to make the data more searchable, machine-readable, and consistent across systems while consulting with other federal departments to ensure compatibility.
124. Data standards Read Opens in new tab
Summary AI
The bill section mandates the Secretary of the Treasury to create data standards for financial information reported to government agencies. These standards will include universal identifiers and formats, be searchable and easy to read by machines, use public standards, and align with accounting rules, with the aim of making financial data easy to share and use across various agencies.