[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5879 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5879
To impose certain limits relating to the national emergency authorities
of the President, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2020
Ms. Omar introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Transportation and Infrastructure, and Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To impose certain limits relating to the national emergency authorities
of the President, 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.
This Act may be cited as the ``Congressional Oversight of Sanctions
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Article I, section 8 of the United States Constitution
gives Congress the power ``to regulate Commerce with foreign
Nations'' as well as to ``define and punish Piracies and
Felonies committed on the high Seas, and Offenses against the
Law of Nations''.
(2) The House Committee on International Relations report
(No. 95-459) on the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) states ``that given the breadth of the
authorities and their availability at the President's
discretion upon a declaration of national emergency, their
exercise should be subject to various substantive restrictions.
The main one stems from a recognition that emergencies are by
their nature rare and brief, and are not to be equated with
normal, ongoing problems''.
(3) It further states, ``A national emergency should be
declared and emergency authorities employed only with respect
to a specific set of circumstances which constitute a real
emergency, and for no other purpose'' and that ``[t]he
emergency should be terminated in a timely manner when the
factual state of emergency is over and not continued in effect
for use in other circumstances. A state of emergency should not
be a normal state of affairs''.
(4) Since 1977, Presidents have invoked authorities under
the International Emergency Economic Powers Act with respect to
56 declarations of national emergency. On average, these
emergencies last nearly a decade.
(5) As of August 2019, there are 31 ongoing national
emergencies involving the International Emergency Economic
Powers Act, the oldest of which was put in place forty years
ago.
(6) The average length of an emergency declared in the
1980s and invoking International Emergency Economic Powers Act
authorities was four years. That average extended to 10 years
for emergencies declared in the 1990s and 12 years for
emergencies declared in the 2000s.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) successive Presidents from both parties have used the
authority granted by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) and the National
Emergencies Act (50 U.S.C. 1601 et seq.) to declare national
emergencies that do not meet the threshold of ``unusual and
extraordinary threat[s] to the national security and foreign
policy of the United States''; and
(2) in order to restore Congress' original intent in
enacting such laws, it is necessary to reclaim Congress'
constitutional power over the use of sanctions.
SEC. 4. CONGRESSIONAL APPROVAL REQUIRED TO EXTEND NATIONAL EMERGENCIES.
(a) Automatic Termination.--Subsection (a) of section 202 of the
National Emergencies Act (50 U.S.C. 1622) is amended--
(1) in the matter preceding paragraph (1), by striking
``if'';
(2) in paragraph (1), by inserting ``if'' before ``there is
enacted'';
(3) in paragraph (2), by inserting ``if'' before ``the
President issues'';
(4) in the matter following paragraph (2)--
(A) by striking ``clause (1)'' and inserting
``paragraph (2)''; and
(B) by striking ``clause (2)'' and inserting
``paragraph (3)'';
(5) by redesignating paragraphs (1) and (2), as so amended,
as paragraphs (2) and (3), respectively; and
(6) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) on the date that is 60 days after the first day on
which either House of Congress is in session following the date
of the declaration, unless a joint resolution to extend the
emergency is enacted in accordance with subsection (c);''.
(b) Joint Resolution of Extension.--
(1) In general.--Subsection (b) of such section 202 is
amended by striking ``terminated'' and inserting ``extended for
a six-month period''.
(2) Conforming amendment.--Subsection (c)(1) of such
section 202 is amended by striking ``terminate'' and inserting
``extend''.
(c) Prohibition on Successor Declarations.--Such section 202 is
further amended by adding at the end the following new subsection:
``(d) If a joint resolution to extend the emergency is not enacted
in accordance with subsection (c) within 60 days after the first day on
which either House of Congress is in session following the date of the
declaration, the President may not declare a new national emergency
based on substantially similar facts during the 1-year period following
such 60-day period.''.
(d) Additional Conforming Amendments.--Section 207(b) of the
International Emergency Economic Powers Act (50 U.S.C. 1706(b)) is
amended--
(1) by striking ``concurrent resolution'' each place it
appears and inserting ``joint resolution''; and
(2) by inserting ``or if the national emergency terminates
in accordance with subsection (a)(1) of such section 202''
before the period at the end.
SEC. 5. ADDITIONAL EXCEPTIONS TO GRANTS OF AUTHORITIES.
(a) Safe Harbor for Maintenance of Infrastructure.--Subsection (a)
of section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) is amended by adding at the end the following new
paragraph:
``(4) In implementing the authority under paragraph (1),
the President shall allow for the exportation of equipment and
material to a territory that is subject to the control of a
person otherwise subject to sanctions under the laws of the
United States if the exporter certifies that such equipment or
material is intended for use in the maintenance, in such
territory, of--
``(A) civilian healthcare facilities;
``(B) water infrastructure;
``(C) civilian energy infrastructure; or
``(D) primary or secondary educational
facilities.''.
(b) Exception for Support Incidental to Communication Intended To
Reduce Conflict or Alleviate Suffering.--Subsection (b) of such section
203 is amended--
(1) in paragraph (3), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(5) any support provided to a foreign person subject to
sanctions under the laws of the United States, including
organizations designated as foreign terrorist organizations
under section 219(a)(1) of the Immigration and Nationality Act,
that is incidental to speech or communication with such person
for the purpose of--
``(A) reducing or eliminating the frequency and
severity of violent conflict, including by fostering
diplomatic solutions to violent conflict; or
``(B) preventing or alleviating the suffering of a
civilian populations.''.
SEC. 6. ADDITIONAL REPORTS TO CONGRESS.
(a) In General.--Subsection (b) of section 204 of the International
Emergency Economic Powers Act (50 U.S.C. 1703) is amended--
(1) in the matter preceding paragraph (1), by striking ``to
the Congress'' and inserting ``to the appropriate congressional
committees'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(9) and (10), respectively; and
(3) by inserting after paragraph (3) the following new
paragraphs:
``(4) the goals and outcomes expected to be achieved
through such actions;
``(5) other tools considered to address the emergency, and
the reason for choosing to respond to such emergency through
the imposition of sanctions;
``(6) a list of other countries imposing sanctions in
accordance with the sanctions imposed by the President or, if
such sanctions are unilateral, an explanation for why no other
country has imposed such sanctions;
``(7) the strategy of the President to provide compliance
guidance to entities in the private sector (including financial
institutions), humanitarian organizations, and peacebuilding
organizations;
``(8) the criteria, if any, that a sanctioned person must
meet before any sanctions imposed in the exercise of such
authority with respect to such person may be lifted;''.
(b) Conforming Amendment.--Such section 204 is further amended by
adding at the end the following new subsection:
``(e) For purposes of this section, the term `appropriate
congressional committees' means--
``(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
``(2) the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate.''.
(c) Report on Treaty Obligations.--Not later than 90 days after the
date of the enactment of this Act, and annually thereafter, the
Secretary of State and the Secretary of the Treasury shall jointly
submit to Congress a report, which shall be submitted in unclassified
form but may include a classified annex, on the manner and extent to
which each action taken during the preceding 1-year period using the
authorities of the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) is in compliance with the treaty obligations of
the United States.
SEC. 7. REPORTS REQUIRED.
(a) Projection Report.--Not later than 30 days after the
publication of any executive order, proclamation, or other notice to
declare a national emergency, the Comptroller General of the United
States shall submit to Congress a report that includes the following:
(1) The expected impact of such declaration on the economic
interests of the United States and of allied countries.
(2) The expected humanitarian impact of such declaration,
including the extent to which organizations or entities
attempting to provide humanitarian assistance face restricted
access as a result of such declaration.
(3) The expected impact of such declaration on the economy
of any country targeted by such declaration.
(4) The expected financial impact of such declaration on
United States citizens and entities, including the impact on
any such citizens or entities who maintain accounts or assets
in financial institutions subject to sanctions pursuant to such
declaration.
(b) Impact Report.--Not later than 1 year after the publication of
an executive order, proclamation, or other notice described in
subsection (a), the Comptroller General shall submit to Congress an
updated report that includes the assessment of the Comptroller General
with respect to the actual impact of the declaration of such national
emergency on each of the interests described in paragraphs (1) through
(3) of subsection (a).
(c) Consultations Required.--In preparing the report required by
subsection (b), the Comptroller General shall consult with relevant
nongovernmental organizations working in areas affected by the
applicable declaration, including organizations engaged in the
provision of humanitarian assistance.
(d) Goals and Outcomes Report.--Not later than 1 year after the
publication of an executive order, proclamation, or other notice
described in subsection (a), the President shall submit to Congress a
report that sets forth, with respect to each goal and outcome described
pursuant to section 204(b)(3) of the International Emergency Economic
Powers Act (50 U.S.C. 1703(b)(4))(as added by section 6 of this Act),
the manner and extent to which such goal or outcome has been achieved
through the sanctions imposed pursuant to the declaration of such
national emergency.
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