[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5222-S5224]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2945. Mr. BLUMENTHAL (for Mr. Lee (for himself and Mr.
Blumenthal)) submitted an amendment intended to be proposed by Mr.
Blumenthal to the bill S. 4638, to authorize appropriations for fiscal
year 2025 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 I--Congressional Approval of National Emergency Declarations
SEC. 1096. 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. 1097. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.
The National Emergencies Act (50 U.S.C. 1621 et seq.) is
amended by inserting after title I the following:
``TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
``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 a period of 30 calendar 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 such 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 a
period of 30 calendar 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 such 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 pursuant to authorities
provided as a result of 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) 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 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) Consideration in senate.--In the Senate, the
following shall apply:
[[Page S5223]]
``(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.
``(4) Consideration in house of representatives.--In the
House of Representatives, 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 to the House within 10 calendar days after the
date of referral, such committee shall be discharged from
further consideration of the joint resolution.
``(B) Proceeding to consideration.--
``(i) In general.--Beginning on the third legislative day
after the committee to which a joint resolution of approval
has been referred reports it to the House or has been
discharged from further consideration, and except as provided
in clause (ii), it shall be in order to move to proceed to
consider the joint resolution in the House. 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.
``(ii) Subsequent motions to proceed to joint resolution of
approval.--A motion to proceed to consider a joint resolution
of approval shall not be in order after the House has
disposed of another motion to proceed on that resolution.
``(C) Floor consideration.--Upon adoption of the motion to
proceed in accordance with subparagraph (B)(i), the joint
resolution of approval shall be considered as read. The
previous question shall be considered as ordered on the joint
resolution to final passage without intervening motion except
two hours of debate, which shall include debate on any
amendments, equally divided and controlled by the sponsor of
the joint resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(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.
``(5) 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) and (4),
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. APPLICABILITY.
``This title shall apply to a national emergency pursuant
to which the President proposes to exercise emergency powers
or authorities made available under any provision of law that
is not a provision of law described in section 604(a).''.
SEC. 1098. REPORTING REQUIREMENTS.
Section 401 of the National Emergencies Act (50 U.S.C.
1641) is amended--
(1) in subsection (c)--
(A) in the first sentence by inserting ``, and make
publicly available'' after ``transmit to Congress''; and
(B) in the second sentence by inserting ``, and make
publicly available,'' before ``a final report''; and
(2) by adding at the end the following:
``(d) Report on Emergencies.--The President shall transmit
to the entities described in subsection (g), 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) The total expenditures estimated to be incurred by
the United States Government during such six-month period
which are directly attributable to the exercise of powers and
authorities conferred by such declaration.
``(5) 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 the entities described in subsection (g)
such other information as such entities 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 the entities
described in subsection (g) on the status of the emergency,
the total expenditures incurred by the United States
Government, 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) Entities Described.--The entities described in this
subsection are--
``(1) the Speaker of the House of Representatives;
``(2) minority leader of the House of Representatives;
``(3) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(4) the Committee on Homeland Security and Governmental
Affairs of the Senate.''.
SEC. 1099. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING
INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
(a) In General.--The National Emergencies Act (50 U.S.C.
1601 et seq.) is further amended by adding at the end the
following:
``TITLE VI--DECLARATIONS OF CERTAIN EMERGENCIES INVOKING INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT
``SEC. 604. APPLICABILITY.
``(a) In General.--This title shall apply to 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.).
[[Page S5224]]
``(b) Effect of Additional Powers and Authorities.--This
title 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 (a), the President
proposes to exercise, pursuant to the national emergency, any
emergency powers and authorities under any other provision of
law.''.
(b) Transfer.--Sections 201, 202, and 301 of the National
Emergencies Act (50 U.S.C. 1601 et seq.), as such sections
appeared on the day before the date of enactment of this Act,
are--
(1) transferred to title VI of such Act (as added by
subsection (a));
(2) inserted before section 604 of such title (as added by
subsection (a)); and
(3) redesignated as sections 601, 602, and 603,
respectively.
(c) Conforming Amendment.--Title II of the National
Emergencies Act (50 U.S.C. 1601 et seq.), as such title
appeared the day before the date of enactment of this Act, is
amended by striking the heading for such title.
SEC. 1099A. 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(b) of the International Emergency Economic Powers Act (50
U.S.C. 1706) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
SEC. 1099B. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--This subtitle and the amendments made by
this subtitle 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 such date.
(b) Applicability to Renewals of Existing Emergencies.--
With respect to a national emergency declared under section
201 of the National Emergencies Act before the date of the
enactment of this Act that 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 1097.
(c) Supersession.--This subtitle and the amendments made by
this subtitle shall supersede title II of the National
Emergencies Act (50 U.S.C. 1621 et seq.) as such title was in
effect on the day before the date of enactment of this Act.
______