[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2705 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2705
To amend title 10, United States Code, to modify the requirements
relating to the use of construction authority in the event of a
declaration of war or national emergency, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 24, 2019
Mrs. Murray (for herself, Mr. Durbin, Mr. Schatz, Mr. Schumer, and Mr.
Leahy) introduced the following bill; which was read twice and referred
to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to modify the requirements
relating to the use of construction authority in the event of a
declaration of war or national emergency, 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 ``Stopping Executive Overreach on
Military Appropriations Act''.
SEC. 2. REQUIREMENTS RELATING TO USE OF CONSTRUCTION AUTHORITY IN EVENT
OF DECLARATION OF WAR OR NATIONAL EMERGENCY.
Section 2808 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``appropriate committees
of Congress of the decision'' and all that follows through the
period at the end and inserting ``appropriate committees of
Congress of--
``(1) the decision;
``(2) each existing project affected by the decision;
``(3) the amount of money to be redirected from each
existing project affected by the decision;
``(4) a description of the projects authorized by the
decision;
``(5) a justification for how each project authorized by
the decision directly and primarily contributes to supporting
the armed forces directly engaged in operations to address a
war or national emergency; and
``(6) the estimated cost of the projects authorized by the
decision, including the cost of any real estate action
pertaining to those projects.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) In the case of a decision to undertake a military
construction project authorized by this section pursuant to a
declaration of a national emergency, no funds may be transferred, no
existing project may be curtailed, and no new project may be undertaken
unless the Secretary of Defense requests from Congress approval of the
military construction project and a joint resolution is enacted
approving that project.
``(2) For the purpose of this subsection, the term `joint
resolution' means only a joint resolution--
``(A) that does not have a preamble;
``(B) the title of which is as follows: `Joint resolution
relating to the approval of military construction projects in
the event of a declaration of national emergency.'; and
``(C) the matter after the resolving clause of which is as
follows: `That Congress approves the military construction
project requested on ____ pursuant to a declaration of a
national emergency, including any transfer of funds necessary
to carry out such project, as authorized under section 2808 of
title 10, United States Code.' with the blank space being
filled with the date of the request under paragraph (1).
``(3)(A) Upon receipt of a request under subsection (c)(1) in the
House of Representatives, the Speaker, if the House would otherwise be
adjourned, shall notify the Members of the House that, pursuant to this
subsection, the House shall convene not later than the fifth calendar
day after receipt of such request.
``(B) Any committee of the House of Representatives to which a
joint resolution is referred shall report it to the House not later
than 15 calendar days after the date of receipt of the request
described in subsection (c)(1). If a committee fails to report the
joint resolution within that period, the committee shall be discharged
from further consideration of the joint resolution and the joint
resolution shall be referred to the appropriate calendar.
``(C) After each committee authorized to consider a joint
resolution reports it to the House or has been discharged from its
consideration, it shall be in order, not later than the 16th day after
Congress receives the request described in subsection (c)(1), to move
to proceed to consider the joint resolution 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. 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.
``(D) The joint resolution shall be considered as read. All points
of order against the joint resolution and against its consideration are
waived. The previous question shall be considered as ordered on the
joint resolution to its passage without intervening motion except two
hours of debate equally divided and controlled by the proponent and an
opponent. A motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(4)(A) Upon receipt of a request under subsection (c)(1) in the
Senate, if the Senate has adjourned or recessed for more than 2 days,
the majority leader of the Senate, after consultation with the minority
leader of the Senate, shall notify the Members of the Senate that,
pursuant to this subsection, the Senate shall convene not later than
the fifth calendar day after receipt of such message.
``(B) Upon introduction in the Senate, a joint resolution shall be
placed immediately on the calendar.
``(C)(i) Notwithstanding Rule XXII of the Standing Rules of the
Senate, it is in order at any time on or after the seventh day after
the date on which Congress receives a request described in subsection
(c)(1) (even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The motion
to proceed is not debatable. The motion is not subject to a motion to
postpone. 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 the resolution is agreed to, the joint resolution
shall remain the unfinished business until disposed of.
``(ii) Debate on the joint resolution, and on all debatable motions
and appeals in connection therewith, shall be limited to not more than
20 hours, which shall be divided equally between the majority and
minority leaders or their designees. A motion further to limit debate
is in order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution is not in order.
``(iii) The vote on passage shall occur immediately following the
conclusion of the debate on a joint resolution, and a single quorum
call at the conclusion of the debate if requested in accordance with
the rules of the Senate.
``(iv) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may be, to the
procedure relating to a joint resolution shall be decided without
debate.
``(5)(A) If, before the passage by one House of a joint resolution
of that House, that House receives from the other House a joint
resolution, then the following procedures shall apply:
``(i) The joint resolution of the other House shall not be
referred to a committee.
``(ii) With respect to a joint resolution of the House
receiving the resolution--
``(I) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(II) the vote on passage shall be on the joint
resolution of the other House.
``(B) If one House fails to introduce or consider a joint
resolution under this section, the joint resolution of the other House
shall be entitled to expedited floor procedures under this section.
``(C) If, following passage of the joint resolution in the Senate,
the Senate then receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
``(D) This subsection is enacted by Congress--
``(i) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such it
is deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and it supersedes
other rules only to the extent that it is inconsistent with
such rules; and
``(ii) 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. 3. LIMITATION ON USE OF FUNDS OF THE DEPARTMENT OF DEFENSE TO
ADDRESS NATIONAL EMERGENCY AT SOUTHERN BORDER.
(a) Prohibition.--Unless specifically authorized by law after the
date of the enactment of this Act, no funds made available to the
Secretary of Defense by any provision of law may be used to construct,
upgrade, maintain, or replace any wall, barrier, fence, or other
obstacle along the border between the United States and Mexico.
(b) Restoration of Funds.--All funds transferred pursuant to the
memorandum of the Secretary of Defense dated September 3, 2019,
entitled ``Military Construction Necessary to Support the Use of the
Armed Forces in Addressing the National Emergency at the Southern
Border'' and available for obligation as of the date of the enactment
of this Act, shall be restored to the military construction accounts,
and obligated for the original purposes, for which appropriations of
those funds were made.
SEC. 4. REVIEW OF CONTRACTS TO CONSTRUCT, UPGRADE, MAINTAIN, OR REPLACE
ANY WALL, BARRIER, FENCE, OR OTHER OBSTACLE ALONG BORDER
BETWEEN UNITED STATES AND MEXICO.
(a) In General.--The Director of the Office of Government Ethics
shall review any contract entered into on or after October 1, 2016,
between the Federal Government and a private entity to construct,
upgrade, maintain, or replace any wall, barrier, fence, or other
obstacle along the border between the United States and Mexico.
(b) Elements.--Any review of a contract conducted under subsection
(a) shall include a review of whether--
(1) any conflict of interest exists with respect to the
contract and--
(A) the President or the immediate family of the
President;
(B) the Vice President or the immediate family of
the Vice President; or
(C) any employee of the Executive Office of the
President holding a title of Special Assistant to the
President or higher; or
(2) any financial gain would accrue to any such individual
as a result of the contract.
(c) Receipt of Full and Complete Information.--If the Director does
not receive full and complete information related to any request for
documents or information made in the course of reviewing a contract
under subsection (a), the Director shall notify Congress of the issue.
(d) Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than every
180 days thereafter, the Director shall submit to Congress a
report on the findings of the Director with respect to the
reviews conducted under subsection (a) during the 180-day
period preceding the report.
(2) Conflicts of interest.--If, in a review conducted under
subsection (a) with respect to a contract, the Director finds a
conflict of interest exists under subsection (b)(1) or
financial gain would accrue under subsection (b)(2), the
Director shall submit to Congress a report describing the
conflict of interest or financial accrual.
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