[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.
                                 ______