[Congressional Record Volume 166, Number 127 (Monday, July 20, 2020)]
[Senate]
[Pages S4302-S4304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2477. Mr. LEE (for himself, Mr. Peters, Mr. Johnson, Mr. Udall,
Mr. Toomey, Mr. Romney, Mr. Cornyn, and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 2301 proposed by Mr.
Inhofe to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At appropriate place, insert the following:
TITLE ___--LEADERSHIP OVER NATIONAL EMERGENCIES
SEC. ___. SHORT TITLE.
This title may be cited as the ``Assuring that Robust,
Thorough, and Informed Congressional Leadership is Exercised
Over National Emergencies Act'' or the ``ARTICLE ONE Act''.
SEC. ___. CONGRESSIONAL REVIEW 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.--
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 30-day period
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 this 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 30 days from the issuance of the
proclamation under section 201(a) (not counting the day on
which the proclamation was issued) and shall terminate when
that 30-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 pursuant to section 201(b) may be exercised
pursuant to a declaration of a national emergency for 30 days
from the issuance of the proclamation or Executive order (not
counting the day on which such proclamation or Executive
order was issued). That power or authority may not be
exercised after that 30-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) Exception if congress is unable to convene.--If
Congress is physically unable to convene as a result of an
armed attack upon the United States or another national
emergency, the 30-day periods described in paragraphs (1) and
(2) shall begin on the first day Congress convenes for the
first time after the attack or other emergency.
``(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 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 for construction 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 contains only the following provisions
after its resolving clause:
``(1) A provision approving--
``(A) a proclamation of a national emergency made under
section 201(a);
``(B) an Executive order issued under section 201(b)(2); or
``(C) an Executive order 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 proclamation or Executive order that is
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.
``(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)
[[Page S4303]]
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, the majority leader of
the Senate and the Speaker of the House of Representatives,
or their respective designees, acting jointly after
consultation with and with the concurrence of the minority
leader of the Senate and the minority leader of the House,
shall notify the Members of the Senate and House,
respectively, to reassemble at such place and time as they
may designate if, in their opinion, the public interest shall
warrant it.
``(3) Committee referral.--A joint resolution of approval
shall be referred in each House of Congress to the committee
or committees having jurisdiction over the emergency
authorities invoked by the proclamation or Executive order
that is the subject of the joint resolution.
``(4) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Reporting and discharge.--If the 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 automatically
discharged from further consideration of the resolution and
it shall be placed on the calendar.
``(B) Proceeding to consideration.--Notwithstanding Rule
XXII of the Standing Rules of the Senate, when the committee
to which a joint resolution of approval is referred has
reported the resolution, or when that committee is discharged
under subparagraph (A) from further consideration of the
resolution, it is at any time thereafter in order (even
though a previous motion to the same effect has been
disagreed to) for a motion 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 subject to 4
hours of debate divided equally between those favoring and
those opposing 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.
``(C) Floor consideration.--A joint resolution of approval
shall be subject to 10 hours of consideration, to be divided
evenly between the proponents and opponents of the
resolution.
``(D) Amendments.--
``(i) In general.--Except as provided in clause (ii), no
amendments shall be in order with respect to a joint
resolution of approval.
``(ii) Amendments to strike or add specified provisions of
law.--Clause (i) shall not apply with respect to any
amendment--
``(I) to strike a provision or provisions of law from the
list required by subsection (a)(2); or
``(II) to add to that list a provision or provisions of law
specified by the President under section 201(b) in the
proclamation or Executive order that is the subject of the
joint resolution of approval.
``(E) Motion to reconsider final vote.--A motion to
reconsider a vote on passage of a joint resolution of
approval shall not be in order.
``(F) Appeals.--Points of order, including questions of
relevancy, and appeals from the decision of the Presiding
Officer, shall be decided without debate.
``(5) Consideration in house of representatives.--In the
House of Representatives, 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, and it shall be placed
on the appropriate calendar. On Thursdays it shall be in
order at any time for the Speaker to recognize a Member who
favors passage of a joint resolution that has appeared on the
calendar for at least 3 calendar days to call up that joint
resolution for immediate consideration in the House without
intervention of any point of order. When so called up a joint
resolution shall be considered as read and shall be debatable
for 1 hour equally divided and controlled by the proponent
and an opponent, and the previous question shall be
considered as ordered to its passage without intervening
motion. It shall not be in order to reconsider the vote on
passage. If a vote on final passage of the joint resolution
has not been taken on or before the close of the tenth
calendar day after the resolution is reported by the
committee or committees to which it was referred, or after
such committee or committees have been discharged from
further consideration of the resolution, such vote shall be
taken on that day.
``(6) Receipt of resolution from other house.--If, before
passing a joint resolution of approval, one House receives
from the other a joint resolution of approval from the other
House, then--
``(A) the joint resolution of the other House shall not be
referred to a committee and shall be deemed to have been
discharged from committee on the day it is received; and
``(B) the procedures set forth in paragraphs (3), (4), and
(5), as applicable, shall apply in the receiving House to the
joint resolution received from the other House to the same
extent as such procedures apply to a joint resolution of the
receiving House.
``(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
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 this Act, as
in effect on the day before the date of the enactment of the
Assuring that Robust, Thorough, and Informed Congressional
Leadership is Exercised Over National Emergencies 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.''.
SEC. ___. 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 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 6 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.''.
SEC. ___. 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.
[[Page S4304]]
``(2) The limitation under paragraph (1) does not prohibit
the President from excluding all articles imported from a
country from entering the United States.''.
SEC. ___. CONFORMING AMENDMENTS.
(a) National Emergencies Act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(b) International Emergency Economic Powers Act.--Section
207 of the International Emergency Economic Powers Act (50
U.S.C. 1706) is amended--
(1) in subsection (b), by striking ``concurrent
resolution'' and inserting ``joint resolution''; and
(2) 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 Assuring that Robust,
Thorough, and Informed Congressional Leadership is Exercised
Over National Emergencies Act.''.
SEC. ___. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--This title and the amendments made by this
title shall--
(1) take effect on the date of the enactment of this Act;
and
(2) except as provided in subsection (b), apply with
respect to national emergencies declared under section 201 of
the National Emergencies Act on or after that date.
(b) 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 section ___.
______