[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Pages S8155-S8157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4632. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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 the end of title X, add the following:

              Subtitle H--National Emergencies Act Reform

     SEC. 1071. SHORT TITLE.

       This subtitle 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. 1072. REQUIREMENTS RELATING TO DECLARATION AND RENEWAL 
                   OF NATIONAL EMERGENCIES.

       Section 201 of the National Emergencies Act (50 U.S.C. 
     1621) is amended to read as follows:

     ``SEC. 201. DECLARATIONS AND RENEWALS 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.--
       ``(1) In general.--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--
       ``(A) a proclamation declaring a national emergency under 
     subsection (a); or
       ``(B) one or more Executive orders relating to the 
     emergency published in the Federal Register and transmitted 
     to Congress.
       ``(2) Limitations.--The President may--
       ``(A) specify under paragraph (1) only provisions of law 
     that make available powers and authorities that relate to the 
     nature of the national emergency; and
       ``(B) exercise such powers and authorities only to address 
     the national emergency.
       ``(c) Temporary Effective Periods.--
       ``(1) In general.--A declaration of a national emergency 
     under subsection (a) may last for 30 days from the issuance 
     of the proclamation (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 power or 
     authority made available under a provision of law described 
     in subsection (a) and specified pursuant to subsection (b) 
     may be exercised 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 cannot be exercised once 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.
       ``(d) 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 subsection (c), or with respect to a national 
     emergency proposed to be renewed under subsection (e), 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)(1)(B) 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.
       ``(e) Renewal of National Emergencies.--A national 
     emergency declared by the President under subsection (a) or 
     previously renewed under this subsection, and not already 
     terminated pursuant to subsection (c) or section 202(a), 
     shall terminate on a date that is not later than one year 
     after the President transmitted to Congress the proclamation 
     declaring the emergency under subsection (a) 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.
       ``(f) 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. 1073. TERMINATION OF NATIONAL EMERGENCIES.

       Section 202 of the National Emergencies Act (50 U.S.C. 
     1622) is amended to read as follows:

     ``SEC. 202. TERMINATION OF NATIONAL EMERGENCIES.

       ``(a) In General.--Any national emergency declared by the 
     President under section 201(a) shall terminate on the 
     earliest of--
       ``(1) the date provided for in section 201(c);
       ``(2) the date on which Congress, by statute, terminates 
     the emergency;
       ``(3) the date on which the President issues a proclamation 
     terminating the emergency; or
       ``(4) the date provided for in section 201(e).

[[Page S8156]]

       ``(b) 5-Year Limitation.--Under no circumstances may a 
     national emergency declared by the President under section 
     201(a) continue on or after the date that is 5 years after 
     the date on which the national emergency was first declared.
       ``(c) Effect of Termination.--
       ``(1) In general.--Effective on the date of the termination 
     of a national emergency under subsection (a) or (b)--
       ``(A) except as provided by paragraph (2), any powers or 
     authorities exercised by reason of the emergency shall cease 
     to be exercised;
       ``(B) 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
       ``(C) any contracts entered into under any provision of law 
     relating to the emergency shall be terminated.
       ``(2) Savings provision.--The termination of a national 
     emergency shall not moot--
       ``(A) any legal action taken or pending legal proceeding 
     not finally concluded or determined on the date of the 
     termination under subsection (a) or (b); or
       ``(B) any legal action or legal proceeding based on any act 
     committed prior to that date.''.

     SEC. 1074. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

       Title II of the National Emergencies Act (50 U.S.C. 1621 et 
     seq.) is amended by adding at the end the following:

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

       ``(a) Joint Resolutions of Approval and of Termination.--
       ``(1) Definitions.--In this section:
       ``(A) Joint resolution of approval.--The term `joint 
     resolution of approval' means a joint resolution that 
     contains only the following provisions after its resolving 
     clause:
       ``(i) A provision approving--

       ``(I) a proclamation of a national emergency made under 
     section 201(a);
       ``(II) an Executive order issued under section 
     201(b)(1)(B); or
       ``(III) an Executive order issued under section 201(e).

       ``(ii) 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) Joint resolution of termination.--The term `joint 
     resolution of termination' means a joint resolution 
     terminating--
       ``(i) a national emergency declared under section 201(a); 
     or
       ``(ii) the exercise of any powers or authorities pursuant 
     to that emergency.
       ``(2) Procedures for consideration of joint resolutions of 
     approval.--
       ``(A) Introduction.--After the President transmits to 
     Congress a proclamation declaring a national emergency under 
     section 201(a), or an Executive order renewing an emergency 
     under section 201(e) or specifying emergency powers or 
     authorities under section 201(b)(1)(B), a joint resolution of 
     approval or a joint resolution of termination may be 
     introduced in either House of Congress by any member of that 
     House.
       ``(B) 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 renewing an emergency under section 201(e) or 
     specifying emergency powers or authorities under section 
     201(b)(1)(B), Congress has adjourned sine die or has 
     adjourned for any period in excess of 3 calendar days, the 
     Speaker of the House of Representatives and the President pro 
     tempore of the Senate, if they deem it advisable (or if 
     petitioned by at least one-third of the membership of their 
     respective Houses) shall jointly request the President to 
     convene Congress in order that it may consider the 
     proclamation or Executive order and take appropriate action 
     pursuant to this section.
       ``(C) Committee referral.--A joint resolution of approval 
     or a joint resolution of termination shall be referred in 
     each House of Congress to the committee or committees having 
     jurisdiction over the emergency authorities invoked pursuant 
     to the national emergency that is the subject of the joint 
     resolution.
       ``(D) Consideration in senate.--In the Senate, the 
     following rules shall apply:
       ``(i) Reporting and discharge.--If the committee to which a 
     joint resolution of approval or a joint resolution of 
     termination 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.
       ``(ii) Proceeding to consideration.--Notwithstanding Rule 
     XXII of the Standing Rules of the Senate, when the committee 
     to which a joint resolution of approval or a joint resolution 
     of termination is referred has reported the resolution, or 
     when that committee is discharged under clause (i) 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 to be made, 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 or the joint resolution of 
     termination. 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.
       ``(iii) Floor consideration.--A joint resolution of 
     approval or a joint resolution of termination shall be 
     subject to 10 hours of debate, to be divided evenly between 
     the proponents and opponents of the resolution.
       ``(iv) Amendments.--

       ``(I) In general.--Except as provided in subclause (II), no 
     amendments shall be in order with respect to a joint 
     resolution of approval or a joint resolution of termination.
       ``(II) Amendments to strike or add specified provisions of 
     law.--Subclause (I) shall not apply with respect to any 
     amendment to a joint resolution of approval to strike from or 
     add to the list required by paragraph (1)(A)(ii) a provision 
     or provisions of law specified by the President under section 
     201(b) in the proclamation or Executive order.

       ``(v) Motion to reconsider final vote.--A motion to 
     reconsider a vote on final passage of a joint resolution of 
     approval or of a joint resolution of termination shall not be 
     in order.
       ``(vi) Appeals.--Points of order, including questions of 
     relevancy, and appeals from the decision of the Presiding 
     Officer, shall be decided without debate.
       ``(E) Consideration in house of representatives.--In the 
     House of Representatives, if any committee to which a joint 
     resolution of approval or a joint resolution of termination 
     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.
       ``(F) Receipt of resolution from other house.--If, before 
     passing a joint resolution of approval or a joint resolution 
     of termination, one House receives from the other House a 
     joint resolution of approval or a joint resolution of 
     termination--
       ``(i) 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
       ``(ii) the procedures set forth in subparagraph (D) or (E), 
     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.
       ``(G) Rule of construction.--The enactment of a joint 
     resolution of approval or of a joint resolution of 
     termination under this subsection shall not be interpreted to 
     serve as a grant or modification by Congress of statutory 
     authority for the emergency powers of the President.
       ``(b) Rules of the House and the Senate.--Subsection (a) is 
     enacted by Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in the House in the case of joint resolutions of 
     approval, and supersede 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. 1075. 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 Executive order renewing 
     an emergency under section 201(e) or specifying emergency 
     powers or authorities under section 201(b)(1)(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.
       ``(3) A summary of the actions the President or other 
     officers intend to take, including any reprogramming or 
     transfer of funds,

[[Page S8157]]

     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 180 days 
     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.
       ``(g) Final Report on Activities During National 
     Emergency.--Not later than 90 days after the termination 
     under section 202 of a national emergency declared under 
     section 201(a), the President shall transmit to Congress a 
     final report describing--
       ``(1) the actions that the President or other officers took 
     to address the emergency; and
       ``(2) the powers and authorities the President and such 
     officers relied on to take such actions.
       ``(h) Public Disclosure.--Each report required by this 
     section shall be transmitted in unclassified form and be made 
     public at the same time the report is transmitted to 
     Congress, although a classified annex may be provided to 
     Congress, if necessary.''.

     SEC. 1076. 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 ``if the national 
     emergency'' and all that follows through ``under this 
     section.'' and inserting the following: ``if--
       ``(1) the national emergency is terminated pursuant to 
     section 202(a)(2) of the National Emergencies Act; or
       ``(2) a joint resolution of approval is not enacted as 
     required by section 203 of that Act to approve--
       ``(A) the national emergency; or
       ``(B) the exercise of such authorities.''; and
       (2) in subsection (c)(1), by striking ``paragraphs (A), 
     (B), and (C) of section 202(a)'' and inserting ``section 
     202(c)(2)''.

     SEC. 1077. APPLICABILITY.

       (a) In General.--Except as provided in subsection (b), this 
     subtitle and the amendments made by this subtitle shall take 
     effect on the date of the enactment of this Act.
       (b) Application to National Emergencies Previously 
     Declared.--A national emergency declared under section 201 of 
     the National Emergencies Act before the date of the enactment 
     of this Act shall be unaffected by the amendments made by 
     this subtitle, except that such an emergency shall terminate 
     on the date that is not later than one year after such date 
     of enactment unless the emergency is renewed under subsection 
     (e) of such section 201, as amended by section 1072 of this 
     Act.
                                 ______