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ROS19B16 S.L.C.
II
Calendar No. ll
116TH CONGRESS 1ST SESSION S. 764
[Report No. 116–lll]
To provide for congressional approval of national emergency declarations,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 12, 2019
Mr. LEE (for himself, Mr. GRASSLEY, Mr. TILLIS, Ms. ERNST, Mr. TOOMEY,
Mr. JOHNSON, Mr. MORAN, Mr. ALEXANDER, Mr. SASSE, Mr. BLUNT,
Mr. PORTMAN, Mr. YOUNG, Mr. ROMNEY, Mr. CRUZ, Mr. WICKER, Mr.
CORNYN, Ms. MCSALLY, and Mr. ISAKSON) introduced the following bill;
which was read twice and referred to the Committee on Homeland Secu-
rity and Governmental Affairs
lllllllll (legislative day, lllllllll), lll
Reported by Mr. JOHNSON, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL To provide for congressional approval of national emergency
declarations, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
2
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SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Assuring that Robust, 2
Thorough, and Informed Congressional Leadership is Ex-3
ercised Over National Emergencies Act’’ or the ‘‘ARTI-4
CLE ONE Act’’. 5
SEC. 2. REQUIREMENTS RELATING TO DECLARATION AND 6
RENEWAL OF NATIONAL EMERGENCIES. 7
Section 201 of the National Emergencies Act (50 8
U.S.C. 1621) is amended to read as follows: 9
‘‘SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL 10
EMERGENCIES. 11
‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER-12
GENCIES.—With respect to Acts of Congress authorizing 13
the exercise, during the period of a national emergency, 14
of any special or extraordinary power, the President is au-15
thorized to declare such a national emergency by procla-16
mation. Such proclamation shall immediately be trans-17
mitted to Congress and published in the Federal Register. 18
‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE 19
EXERCISED.—No powers or authorities made available by 20
statute for use during the period of a national emergency 21
shall be exercised unless and until the President specifies 22
the provisions of law under which the President proposes 23
that the President, or other officers will act in— 24
‘‘(1) a proclamation declaring a national emer-25
gency under subsection (a); or 26
3
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‘‘(2) one or more Executive orders relating to 1
the emergency published in the Federal Register and 2
transmitted to Congress. 3
‘‘(c) TEMPORARY EFFECTIVE PERIODS.— 4
‘‘(1) IN GENERAL.—A declaration of a national 5
emergency under subsection (a), shall last for 30 6
days from the issuance of the proclamation (not 7
counting the day on which the proclamation was 8
issued) and shall terminate when that 30-day period 9
expires unless there is enacted into law a joint reso-10
lution of approval under section 203 with respect to 11
the proclamation. 12
‘‘(2) EXERCISE OF POWERS AND AUTHORI-13
TIES.—Any power or authority made available under 14
a provision of law described in subsection (a) and 15
specified pursuant to subsection (b) may be exer-16
cised for 30 days from the issuance of the proclama-17
tion or Executive order (not counting the day on 18
which such proclamation or Executive order was 19
issued). That power or authority cannot be exercised 20
once that 30-day period expires, unless there is en-21
acted into law a joint resolution of approval under 22
section 203 approving— 23
‘‘(A) the proclamation of the national 24
emergency or the Executive order; and 25
4
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‘‘(B) the exercise of the power or authority 1
specified by the President in such proclamation 2
or Executive order. 3
‘‘(3) EXCEPTION IF CONGRESS IS UNABLE TO 4
CONVENE.—If Congress is physically unable to con-5
vene as a result of an armed attack upon the United 6
States or another national emergency, the 30-day 7
periods described in paragraphs (1) and (2) shall 8
begin on the first day Congress convenes for the 9
first time after the attack or other emergency. 10
‘‘(d) RENEWAL OF NATIONAL EMERGENCIES.—A na-11
tional emergency declared by the President under sub-12
section (a) or previously renewed under this subsection, 13
and not already terminated pursuant to subsection (c) or 14
section 202(a), shall terminate on the date that is one year 15
after the President transmitted to Congress the proclama-16
tion declaring the emergency under subsection (a) or Con-17
gress approved a previous renewal pursuant to this sub-18
section, unless— 19
‘‘(1) the President publishes in the Federal 20
Register and transmits to Congress an Executive 21
order renewing the emergency; and 22
‘‘(2) there is enacted into law a joint resolution 23
of approval renewing the emergency pursuant to sec-24
5
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tion 203 before the termination of the emergency or 1
previous renewal of the emergency. 2
‘‘(e) EFFECT OF FUTURE LAWS.—No law enacted 3
after the date of the enactment of this Act shall supersede 4
this title unless it does so in specific terms, referring to 5
this title, and declaring that the new law supersedes the 6
provisions of this title.’’. 7
SEC. 3. TERMINATION OF NATIONAL EMERGENCIES. 8
Section 202 of the National Emergencies Act (50 9
U.S.C. 1622) is amended to read as follows: 10
‘‘SEC. 202. TERMINATION OF NATIONAL EMERGENCIES. 11
‘‘(a) IN GENERAL.—Any national emergency declared 12
by the President under section 201(a) shall terminate on 13
the earliest of— 14
‘‘(1) the date provided for in section 201(c); 15
‘‘(2) the date on which Congress, by statute, 16
terminates the emergency; 17
‘‘(3) the date on which the President issues a 18
proclamation terminating the emergency; or 19
‘‘(4) the date provided for in section 201(d). 20
‘‘(b) EFFECT OF TERMINATION.— 21
‘‘(1) IN GENERAL.—Effective on the date of the 22
termination of a national emergency under sub-23
section (a)— 24
6
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‘‘(A) except as provided by paragraph (2), 1
any powers or authorities exercised by reason of 2
the emergency shall cease to be exercised; 3
‘‘(B) any amounts reprogrammed or trans-4
ferred under any provision of law with respect 5
to the emergency that remain unobligated on 6
that date shall be returned and made available 7
for the purpose for which such amounts were 8
appropriated; and 9
‘‘(C) any contracts entered into under any 10
provision of law for construction relating to the 11
emergency shall be terminated unless construc-12
tion commenced under the contract before that 13
date. 14
‘‘(2) SAVINGS PROVISION.—Except as specifi-15
cally provided in subparagraph (B) or (C) of para-16
graph (1), the termination of a national emergency 17
shall not affect— 18
‘‘(A) any action taken or proceeding pend-19
ing not finally concluded or determined on the 20
date of the termination under subsection (a); 21
‘‘(B) any action or proceeding based on 22
any act committed prior to that date; or 23
7
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‘‘(C) any rights or duties that matured or 1
penalties that were incurred prior to that 2
date.’’. 3
SEC. 4. REVIEW BY CONGRESS OF NATIONAL EMER-4
GENCIES. 5
Title II of the National Emergencies Act (50 U.S.C. 6
1621 et seq.) is amended by adding at the end the fol-7
lowing: 8
‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER-9
GENCIES. 10
‘‘(a) JOINT RESOLUTIONS OF APPROVAL.— 11
‘‘(1) JOINT RESOLUTION OF APPROVAL DE-12
FINED.—For purposes of this section, the term 13
‘joint resolution of approval’ means a joint resolution 14
that contains only the following provisions after its 15
resolving clause— 16
‘‘(A) a provision approving— 17
‘‘(i) a proclamation of a national 18
emergency made under section 201(a); 19
‘‘(ii) an Executive order issued under 20
section 201(b)(2); or 21
‘‘(iii) an Executive order issued under 22
section 201(d); and 23
‘‘(B) a provision approving a list of all or 24
a portion of the provisions of law specified by 25
8
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the President under section 201(b) in the proc-1
lamation or Executive order that is the subject 2
of the joint resolution. 3
‘‘(2) PROCEDURES FOR CONSIDERATION OF 4
JOINT RESOLUTIONS OF APPROVAL.— 5
‘‘(A) INTRODUCTION.—After the President 6
transmits to Congress a proclamation declaring 7
a national emergency under section 201(a), or 8
an Executive order renewing an emergency 9
under section 201(d) or specifying emergency 10
powers or authorities under section 201(b)(2), a 11
joint resolution of approval may be introduced 12
in either House of Congress by any member of 13
that House. 14
‘‘(B) REQUESTS TO CONVENE CONGRESS 15
DURING RECESSES.—If, when the President 16
transmits to Congress a proclamation declaring 17
a national emergency under section 201(a), or 18
an Executive order renewing an emergency 19
under section 201(d) or specifying emergency 20
powers or authorities under section 201(b)(2), 21
Congress has adjourned sine die or has ad-22
journed for any period in excess of 3 calendar 23
days, the Speaker of the House of Representa-24
tives and the President pro tempore of the Sen-25
9
ROS19B16 S.L.C.
ate, if they deem it advisable (or if petitioned 1
by at least one-third of the membership of their 2
respective Houses) shall jointly request the 3
President to convene Congress in order that it 4
may consider the proclamation or Executive 5
order and take appropriate action pursuant to 6
this section. 7
‘‘(C) COMMITTEE REFERRAL.—A joint res-8
olution of approval shall be referred in each 9
House of Congress to the committee or commit-10
tees having jurisdiction over the emergency au-11
thorities invoked by the proclamation or Execu-12
tive order that is the subject of the joint resolu-13
tion. 14
‘‘(D) CONSIDERATION IN SENATE.—In the 15
Senate, the following shall apply: 16
‘‘(i) REPORTING AND DISCHARGE.—If 17
the committee to which a joint resolution 18
of approval has been referred has not re-19
ported it at the end of 10 calendar days 20
after its introduction, that committee shall 21
be automatically discharged from further 22
consideration of the resolution and it shall 23
be placed on the calendar. 24
10
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‘‘(ii) PROCEEDING TO CONSIDER-1
ATION.—Notwithstanding Rule XXII of 2
the Standing Rules of the Senate, when 3
the committee to which a joint resolution 4
of approval is referred has reported the 5
resolution, or when that committee is dis-6
charged under clause (i) from further con-7
sideration of the resolution, it is at any 8
time thereafter in order (even though a 9
previous motion to the same effect has 10
been disagreed to) for a motion to proceed 11
to the consideration of the joint resolution, 12
and all points of order against the joint 13
resolution (and against consideration of 14
the joint resolution) are waived. The mo-15
tion to proceed is subject to 4 hours of de-16
bate divided equally between those favoring 17
and those opposing the joint resolution of 18
approval. The motion is not subject to 19
amendment, or to a motion to postpone, or 20
to a motion to proceed to the consideration 21
of other business. 22
‘‘(iii) FLOOR CONSIDERATION.—A 23
joint resolution of approval shall be subject 24
to 10 hours of debate, to be divided evenly 25
11
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between the proponents and opponents of 1
the resolution. 2
‘‘(iv) AMENDMENTS.— 3
‘‘(I) IN GENERAL.—Except as 4
provided in subclause (II), no amend-5
ments shall be in order with respect to 6
a joint resolution of approval. 7
‘‘(II) AMENDMENTS TO STRIKE 8
OR ADD SPECIFIED PROVISIONS OF 9
LAW.—Subclause (I) shall not apply 10
with respect to any amendment to 11
strike or add from the list required by 12
paragraph (1)(B) a provision or provi-13
sions of law specified by the President 14
under section 201(b) in the proclama-15
tion or Executive order. 16
‘‘(v) MOTION TO RECONSIDER FINAL 17
VOTE.—A motion to reconsider a vote on 18
final passage of a joint resolution of ap-19
proval shall not be in order. 20
‘‘(vi) APPEALS.—Points of order, in-21
cluding questions of relevancy, and appeals 22
from the decision of the Presiding Officer, 23
shall be decided without debate. 24
12
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‘‘(E) CONSIDERATION IN HOUSE OF REP-1
RESENTATIVES.—In the House of Representa-2
tives, if any committee to which a joint resolu-3
tion of approval has been referred has not re-4
ported it to the House at the end of 10 cal-5
endar days after its introduction, such com-6
mittee shall be discharged from further consid-7
eration of the joint resolution, and it shall be 8
placed on the appropriate calendar. On Thurs-9
days it shall be in order at any time for the 10
Speaker to recognize a Member who favors pas-11
sage of a joint resolution that has appeared on 12
the calendar for at least 3 calendar days to call 13
up that joint resolution for immediate consider-14
ation in the House without intervention of any 15
point of order. When so called up a joint resolu-16
tion shall be considered as read and shall be de-17
batable for 1 hour equally divided and con-18
trolled by the proponent and an opponent, and 19
the previous question shall be considered as or-20
dered to its passage without intervening motion. 21
It shall not be in order to reconsider the vote 22
on passage. If a vote on final passage of the 23
joint resolution has not been taken on or before 24
the close of the tenth calendar day after the 25
13
ROS19B16 S.L.C.
resolution is reported by the committee or com-1
mittees to which it was referred, or after such 2
committee or committees have been discharged 3
from further consideration of the resolution, 4
such vote shall be taken on that day. 5
‘‘(F) RECEIPT OF RESOLUTION FROM 6
OTHER HOUSE.—If, before passing a joint reso-7
lution of approval, one House receives from the 8
other a joint resolution of approval from the 9
other House, then— 10
‘‘(i) the joint resolution of the other 11
House shall not be referred to a committee 12
and shall be deemed to have been dis-13
charged from committee on the day it is 14
received; and 15
‘‘(ii) the procedures set forth in sub-16
paragraphs (D), (E), and (F), as applica-17
ble, shall apply in the receiving House to 18
the joint resolution received from the other 19
House to the same extent as such proce-20
dures apply to a joint resolution of the re-21
ceiving House. 22
‘‘(G) RULE OF CONSTRUCTION.—The en-23
actment of a joint resolution of approval under 24
this subsection shall not be interpreted to serve 25
14
ROS19B16 S.L.C.
as a grant or modification by Congress of statu-1
tory authority for the emergency powers of the 2
President. 3
‘‘(b) RULES OF THE HOUSE AND SENATE.—Sub-4
section (a) is enacted by Congress— 5
‘‘(1) as an exercise of the rulemaking power of 6
the Senate and the House of Representatives, re-7
spectively, and as such is deemed a part of the rules 8
of each House, respectively, but applicable only with 9
respect to the procedure to be followed in the House 10
in the case of joint resolutions of approval, and su-11
persede other rules only to the extent that it is in-12
consistent with such other rules; and 13
‘‘(2) with full recognition of the constitutional 14
right of either House to change the rules (so far as 15
relating to the procedure of that House) at any time, 16
in the same manner, and to the same extent as in 17
the case of any other rule of that House.’’. 18
SEC. 5. REPORTING REQUIREMENTS. 19
Section 401 of the National Emergencies Act (50 20
U.S.C. 1641) is amended by adding at the end the fol-21
lowing: 22
‘‘(d) REPORT ON EMERGENCIES.—The President 23
shall transmit to Congress, with any proclamation declar-24
ing a national emergency under section 201(a), or Execu-25
15
ROS19B16 S.L.C.
tive order renewing an emergency under section 201(d) 1
or specifying emergency powers or authorities under sec-2
tion 201(b)(2), a report, in writing, that includes the fol-3
lowing: 4
‘‘(1) A description of the circumstances necessi-5
tating the declaration of a national emergency, the 6
renewal of such an emergency, or the use of a new 7
emergency authority specified in the Executive 8
order, as the case may be. 9
‘‘(2) The estimated duration of the national 10
emergency. 11
‘‘(3) A summary of the actions the President or 12
other officers intend to take, including any re-13
programming or transfer of funds, and the statutory 14
authorities the President and such officers expect to 15
rely on in addressing the national emergency. 16
‘‘(4) In the case of a renewal of a national 17
emergency, a summary of the actions the President 18
or other officers have taken in the preceding one- 19
year period, including any reprogramming or trans-20
fer of funds, to address the emergency. 21
‘‘(e) PROVISION OF INFORMATION TO CONGRESS.— 22
The President shall provide to Congress such other infor-23
mation as Congress may request in connection with any 24
national emergency in effect under title II. 25
16
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‘‘(f) PERIODIC REPORTS ON STATUS OF EMER-1
GENCIES.—If the President declares a national emergency 2
under section 201(a), the President shall, not less fre-3
quently than every 180 days for the duration of the emer-4
gency, report to Congress on the status of the emergency 5
and the actions the President or other officers have taken 6
and authorities the President and such officers have relied 7
on in addressing the emergency.’’. 8
SEC. 6. CONFORMING AMENDMENTS. 9
(a) NATIONAL EMERGENCIES ACT.—Title III of the 10
National Emergencies Act (50 U.S.C. 1631) is repealed. 11
(b) INTERNATIONAL EMERGENCY ECONOMIC POW-12
ERS ACT.—Section 207 of the International Emergency 13
Economic Powers Act (50 U.S.C. 1706) is amended— 14
(1) in subsection (b), by striking ‘‘if the na-15
tional emergency’’ and all that follows through 16
‘‘under this section.’’ and inserting the following: 17
‘‘if— 18
‘‘(1) the national emergency is terminated pur-19
suant to section 202(a)(2) of the National Emer-20
gencies Act; or 21
‘‘(2) a joint resolution of approval is not en-22
acted as required by section 203 of that Act to ap-23
prove— 24
‘‘(A) the national emergency; or 25
17
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‘‘(B) the exercise of such authorities.’’; and 1
(2) in subsection (c)(1), by striking ‘‘para-2
graphs (A), (B), and (C) of section 202(a)’’ and in-3
serting ‘‘section 202(b)(2)’’. 4
SEC. 7. APPLICABILITY. 5
(a) IN GENERAL.—Except as provided in subsection 6
(b), this Act and the amendments made by this Act shall 7
take effect upon enactment. 8
(b) APPLICATION TO NATIONAL EMERGENCIES PRE-9
VIOUSLY DECLARED.—A national emergency declared 10
under section 201 of the National Emergencies Act before 11
the date of the enactment of this Act shall be unaffected 12
by the amendments made by this Act except that such 13
emergencies shall terminate on the date that is one year 14
after such date of enactment unless the emergency is re-15
newed under subsection (d) of section 201, as amended 16
by section 2 of this Act. 17
SECTION 1. SHORT TITLE. 18
This Act may be cited as the ‘‘Assuring that Robust, 19
Thorough, and Informed Congressional Leadership is Exer-20
cised Over National Emergencies Act’’ or the ‘‘ARTICLE 21
ONE Act’’. 22
18
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SEC. 2. CONGRESSIONAL REVIEW OF NATIONAL EMER-1
GENCIES. 2
Title II of the National Emergencies Act (50 U.S.C. 3
1621 et seq.) is amended by striking sections 201 and 202 4
and inserting the following: 5
‘‘SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES. 6
‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER-7
GENCIES.—With respect to Acts of Congress authorizing the 8
exercise, during the period of a national emergency, of any 9
special or extraordinary power, the President is authorized 10
to declare such a national emergency by proclamation. Such 11
proclamation shall immediately be transmitted to Congress 12
and published in the Federal Register. 13
‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE 14
EXERCISED.—No powers or authorities made available by 15
statute for use during the period of a national emergency 16
shall be exercised unless and until the President specifies 17
the provisions of law under which the President proposes 18
that the President or other officers will act in— 19
‘‘(1) a proclamation declaring a national emer-20
gency under subsection (a); or 21
‘‘(2) one or more Executive orders relating to the 22
emergency published in the Federal Register and 23
transmitted to Congress. 24
‘‘(c) PROHIBITION ON SUBSEQUENT ACTIONS IF 25
EMERGENCIES NOT APPROVED.— 26
19
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‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint 1
resolution of approval is not enacted under section 2
203 with respect to a national emergency before the 3
expiration of the 30-day period described in section 4
202(a), or with respect to a national emergency pro-5
posed to be renewed under section 202(b), the Presi-6
dent may not, during the remainder of the term of of-7
fice of that President, declare a subsequent national 8
emergency under subsection (a) with respect to the 9
same circumstances. 10
‘‘(2) EXERCISE OF AUTHORITIES.—If a joint res-11
olution of approval is not enacted under section 203 12
with respect to a power or authority specified by the 13
President in a proclamation under subsection (a) or 14
an Executive order under subsection (b)(2) with re-15
spect to a national emergency, the President may not, 16
during the remainder of the term of office of that 17
President, exercise that power or authority with re-18
spect to that emergency. 19
‘‘(d) EFFECT OF FUTURE LAWS.—No law enacted 20
after the date of the enactment of this Act shall supersede 21
this title unless it does so in specific terms, referring to this 22
title, and declaring that the new law supersedes the provi-23
sions of this title. 24
20
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‘‘SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMER-1
GENCIES. 2
‘‘(a) TEMPORARY EFFECTIVE PERIODS.— 3
‘‘(1) IN GENERAL.—A declaration of a national 4
emergency shall remain in effect for 30 days from the 5
issuance of the proclamation under section 201(a) 6
(not counting the day on which the proclamation was 7
issued) and shall terminate when that 30-day period 8
expires unless there is enacted into law a joint resolu-9
tion of approval under section 203 with respect to the 10
proclamation. 11
‘‘(2) EXERCISE OF POWERS AND AUTHORITIES.— 12
Any emergency power or authority made available 13
under a provision of law specified pursuant to section 14
201(b) may be exercised pursuant to a declaration of 15
a national emergency for 30 days from the issuance 16
of the proclamation or Executive order (not counting 17
the day on which such proclamation or Executive 18
order was issued). That power or authority may not 19
be exercised after that 30-day period expires unless 20
there is enacted into law a joint resolution of ap-21
proval under section 203 approving— 22
‘‘(A) the proclamation of the national emer-23
gency or the Executive order; and 24
21
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‘‘(B) the exercise of the power or authority 1
specified by the President in such proclamation 2
or Executive order. 3
‘‘(3) EXCEPTION IF CONGRESS IS UNABLE TO 4
CONVENE.—If Congress is physically unable to con-5
vene as a result of an armed attack upon the United 6
States or another national emergency, the 30-day pe-7
riods described in paragraphs (1) and (2) shall begin 8
on the first day Congress convenes for the first time 9
after the attack or other emergency. 10
‘‘(b) RENEWAL OF NATIONAL EMERGENCIES.—A na-11
tional emergency declared by the President under section 12
201(a) or previously renewed under this subsection, and not 13
already terminated pursuant to subsection (a) or (c), shall 14
terminate on the date that is one year after the President 15
transmitted to Congress the proclamation declaring the 16
emergency or Congress approved a previous renewal pursu-17
ant to this subsection, unless— 18
‘‘(1) the President publishes in the Federal Reg-19
ister and transmits to Congress an Executive order 20
renewing the emergency; and 21
‘‘(2) there is enacted into law a joint resolution 22
of approval renewing the emergency pursuant to sec-23
tion 203 before the termination of the emergency or 24
previous renewal of the emergency. 25
22
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‘‘(c) TERMINATION OF NATIONAL EMERGENCIES.— 1
‘‘(1) IN GENERAL.—Any national emergency de-2
clared by the President under section 201(a) shall ter-3
minate on the earliest of— 4
‘‘(A) the date provided for in subsection (a); 5
‘‘(B) the date provided for in subsection (b); 6
‘‘(C) the date specified in an Act of Con-7
gress terminating the emergency; or 8
‘‘(D) the date specified in a proclamation of 9
the President terminating the emergency. 10
‘‘(2) EFFECT OF TERMINATION.— 11
‘‘(A) IN GENERAL.—Effective on the date of 12
the termination of a national emergency under 13
paragraph (1)— 14
‘‘(i) except as provided by subpara-15
graph (B), any powers or authorities exer-16
cised by reason of the emergency shall cease 17
to be exercised; 18
‘‘(ii) any amounts reprogrammed or 19
transferred under any provision of law with 20
respect to the emergency that remain unob-21
ligated on that date shall be returned and 22
made available for the purpose for which 23
such amounts were appropriated; and 24
23
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‘‘(iii) any contracts entered into under 1
any provision of law for construction relat-2
ing to the emergency shall be terminated. 3
‘‘(B) SAVINGS PROVISION.—The termination 4
of a national emergency shall not affect— 5
‘‘(i) any legal action taken or pending 6
legal proceeding not finally concluded or de-7
termined on the date of the termination 8
under paragraph (1); 9
‘‘(ii) any legal action or legal pro-10
ceeding based on any act committed prior 11
to that date; or 12
‘‘(iii) any rights or duties that ma-13
tured or penalties that were incurred prior 14
to that date. 15
‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER-16
GENCIES. 17
‘‘(a) JOINT RESOLUTION OF APPROVAL DEFINED.—In 18
this section, the term ‘joint resolution of approval’ means 19
a joint resolution that contains only the following provi-20
sions after its resolving clause: 21
‘‘(1) A provision approving— 22
‘‘(A) a proclamation of a national emer-23
gency made under section 201(a); 24
24
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‘‘(B) an Executive order issued under sec-1
tion 201(b)(2); or 2
‘‘(C) an Executive order issued under sec-3
tion 202(b). 4
‘‘(2) A provision approving a list of all or a por-5
tion of the provisions of law specified by the President 6
under section 201(b) in the proclamation or Executive 7
order that is the subject of the joint resolution. 8
‘‘(b) PROCEDURES FOR CONSIDERATION OF JOINT 9
RESOLUTIONS OF APPROVAL.— 10
‘‘(1) INTRODUCTION.—After the President trans-11
mits to Congress a proclamation declaring a national 12
emergency under section 201(a), or an Executive 13
order specifying emergency powers or authorities 14
under section 201(b)(2) or renewing a national emer-15
gency under section 202(b), a joint resolution of ap-16
proval may be introduced in either House of Congress 17
by any member of that House. 18
‘‘(2) REQUESTS TO CONVENE CONGRESS DURING 19
RECESSES.—If, when the President transmits to Con-20
gress a proclamation declaring a national emergency 21
under section 201(a), or an Executive order speci-22
fying emergency powers or authorities under section 23
201(b)(2) or renewing a national emergency under 24
section 202(b), Congress has adjourned sine die or has 25
25
ROS19B16 S.L.C.
adjourned for any period in excess of 3 calendar days, 1
the majority leader of the Senate and the Speaker of 2
the House of Representatives, or their respective des-3
ignees, acting jointly after consultation with and with 4
the concurrence of the minority leader of the Senate 5
and the minority leader of the House, shall notify the 6
Members of the Senate and House, respectively, to re-7
assemble at such place and time as they may des-8
ignate if, in their opinion, the public interest shall 9
warrant it. 10
‘‘(3) COMMITTEE REFERRAL.—A joint resolution 11
of approval shall be referred in each House of Con-12
gress to the committee or committees having jurisdic-13
tion over the emergency authorities invoked by the 14
proclamation or Executive order that is the subject of 15
the joint resolution. 16
‘‘(4) CONSIDERATION IN SENATE.—In the Sen-17
ate, the following shall apply: 18
‘‘(A) REPORTING AND DISCHARGE.—If the 19
committee to which a joint resolution of ap-20
proval has been referred has not reported it at 21
the end of 10 calendar days after its introduc-22
tion, that committee shall be automatically dis-23
charged from further consideration of the resolu-24
tion and it shall be placed on the calendar. 25
26
ROS19B16 S.L.C.
‘‘(B) PROCEEDING TO CONSIDERATION.— 1
Notwithstanding Rule XXII of the Standing 2
Rules of the Senate, when the committee to which 3
a joint resolution of approval is referred has re-4
ported the resolution, or when that committee is 5
discharged under subparagraph (A) from further 6
consideration of the resolution, it is at any time 7
thereafter in order (even though a previous mo-8
tion to the same effect has been disagreed to) for 9
a motion to proceed to the consideration of the 10
joint resolution, and all points of order against 11
the joint resolution (and against consideration of 12
the joint resolution) are waived. The motion to 13
proceed is subject to 4 hours of debate divided 14
equally between those favoring and those oppos-15
ing the joint resolution of approval. The motion 16
is not subject to amendment, or to a motion to 17
postpone, or to a motion to proceed to the consid-18
eration of other business. 19
‘‘(C) FLOOR CONSIDERATION.—A joint reso-20
lution of approval shall be subject to 10 hours of 21
consideration, to be divided evenly between the 22
proponents and opponents of the resolution. 23
‘‘(D) AMENDMENTS.— 24
27
ROS19B16 S.L.C.
‘‘(i) IN GENERAL.—Except as provided 1
in clause (ii), no amendments shall be in 2
order with respect to a joint resolution of 3
approval. 4
‘‘(ii) AMENDMENTS TO STRIKE OR ADD 5
SPECIFIED PROVISIONS OF LAW.—Clause (i) 6
shall not apply with respect to any amend-7
ment— 8
‘‘(I) to strike a provision or provi-9
sions of law from the list required by 10
subsection (a)(2); or 11
‘‘(II) to add to that list a provi-12
sion or provisions of law specified by 13
the President under section 201(b) in 14
the proclamation or Executive order 15
that is the subject of the joint resolu-16
tion of approval. 17
‘‘(E) MOTION TO RECONSIDER FINAL 18
VOTE.—A motion to reconsider a vote on passage 19
of a joint resolution of approval shall not be in 20
order. 21
‘‘(F) APPEALS.—Points of order, including 22
questions of relevancy, and appeals from the de-23
cision of the Presiding Officer, shall be decided 24
without debate. 25
28
ROS19B16 S.L.C.
‘‘(5) CONSIDERATION IN HOUSE OF REPRESENTA-1
TIVES.—In the House of Representatives, if any com-2
mittee to which a joint resolution of approval has 3
been referred has not reported it to the House at the 4
end of 10 calendar days after its introduction, such 5
committee shall be discharged from further consider-6
ation of the joint resolution, and it shall be placed on 7
the appropriate calendar. On Thursdays it shall be in 8
order at any time for the Speaker to recognize a 9
Member who favors passage of a joint resolution that 10
has appeared on the calendar for at least 3 calendar 11
days to call up that joint resolution for immediate 12
consideration in the House without intervention of 13
any point of order. When so called up a joint resolu-14
tion shall be considered as read and shall be debatable 15
for 1 hour equally divided and controlled by the pro-16
ponent and an opponent, and the previous question 17
shall be considered as ordered to its passage without 18
intervening motion. It shall not be in order to recon-19
sider the vote on passage. If a vote on final passage 20
of the joint resolution has not been taken on or before 21
the close of the tenth calendar day after the resolution 22
is reported by the committee or committees to which 23
it was referred, or after such committee or committees 24
29
ROS19B16 S.L.C.
have been discharged from further consideration of the 1
resolution, such vote shall be taken on that day. 2
‘‘(6) RECEIPT OF RESOLUTION FROM OTHER 3
HOUSE.—If, before passing a joint resolution of ap-4
proval, one House receives from the other a joint reso-5
lution of approval from the other House, then— 6
‘‘(A) the joint resolution of the other House 7
shall not be referred to a committee and shall be 8
deemed to have been discharged from committee 9
on the day it is received; and 10
‘‘(B) the procedures set forth in paragraphs 11
(3), (4), and (5), as applicable, shall apply in 12
the receiving House to the joint resolution re-13
ceived from the other House to the same extent 14
as such procedures apply to a joint resolution of 15
the receiving House. 16
‘‘(c) RULE OF CONSTRUCTION.—The enactment of a 17
joint resolution of approval under this section shall not be 18
interpreted to serve as a grant or modification by Congress 19
of statutory authority for the emergency powers of the Presi-20
dent. 21
‘‘(d) RULES OF THE HOUSE AND SENATE.—This sec-22
tion is enacted by Congress— 23
‘‘(1) as an exercise of the rulemaking power of 24
the Senate and the House of Representatives, respec-25
30
ROS19B16 S.L.C.
tively, and as such is deemed a part of the rules of 1
each House, respectively, but applicable only with re-2
spect to the procedure to be followed in the House in 3
the case of joint resolutions described in this section, 4
and supersedes other rules only to the extent that it 5
is inconsistent with such other rules; and 6
‘‘(2) with full recognition of the constitutional 7
right of either House to change the rules (so far as re-8
lating to the procedure of that House) at any time, 9
in the same manner, and to the same extent as in the 10
case of any other rule of that House. 11
‘‘SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMER-12
GENCIES INVOKING INTERNATIONAL EMER-13
GENCY ECONOMIC POWERS ACT. 14
‘‘(a) IN GENERAL.—In the case of a national emer-15
gency described in subsection (b), the provisions of this Act, 16
as in effect on the day before the date of the enactment of 17
the Assuring that Robust, Thorough, and Informed Congres-18
sional Leadership is Exercised Over National Emergencies 19
Act, shall continue to apply on and after such date of enact-20
ment. 21
‘‘(b) NATIONAL EMERGENCY DESCRIBED.— 22
‘‘(1) IN GENERAL.—A national emergency de-23
scribed in this subsection is a national emergency 24
pursuant to which the President proposes to exercise 25
31
ROS19B16 S.L.C.
emergency powers or authorities made available 1
under the International Emergency Economic Powers 2
Act (50 U.S.C. 1701 et seq.), supplemented as nec-3
essary by a provision of law specified in paragraph 4
(2). 5
‘‘(2) PROVISIONS OF LAW SPECIFIED.—The pro-6
visions of law specified in this paragraph are— 7
‘‘(A) the United Nations Participation Act 8
of 1945 (22 U.S.C. 287 et seq.); 9
‘‘(B) section 212(f) of the Immigration and 10
Nationality Act (8 U.S.C. 1182(f)); or 11
‘‘(C) any provision of law that authorizes 12
the implementation, imposition, or enforcement 13
of economic sanctions with respect to a foreign 14
country. 15
‘‘(c) EFFECT OF ADDITIONAL POWERS AND AUTHORI-16
TIES.—Subsection (a) shall not apply to a national emer-17
gency or the exercise of emergency powers and authorities 18
pursuant to the national emergency if, in addition to the 19
exercise of emergency powers and authorities described in 20
subsection (b), the President proposes to exercise, pursuant 21
to the national emergency, any emergency powers and au-22
thorities under any other provision of law.’’. 23
32
ROS19B16 S.L.C.
SEC. 3. REPORTING REQUIREMENTS. 1
Section 401 of the National Emergencies Act (50 2
U.S.C. 1641) is amended by adding at the end the following: 3
‘‘(d) REPORT ON EMERGENCIES.—The President shall 4
transmit to Congress, with any proclamation declaring a 5
national emergency under section 201(a) or any Executive 6
order specifying emergency powers or authorities under sec-7
tion 201(b)(2) or renewing a national emergency under sec-8
tion 202(b), a report, in writing, that includes the fol-9
lowing: 10
‘‘(1) A description of the circumstances necessi-11
tating the declaration of a national emergency, the re-12
newal of such an emergency, or the use of a new 13
emergency authority specified in the Executive order, 14
as the case may be. 15
‘‘(2) The estimated duration of the national 16
emergency, or a statement that the duration of the 17
national emergency cannot reasonably be estimated at 18
the time of transmission of the report. 19
‘‘(3) A summary of the actions the President or 20
other officers intend to take, including any re-21
programming or transfer of funds, and the statutory 22
authorities the President and such officers expect to 23
rely on in addressing the national emergency. 24
‘‘(4) In the case of a renewal of a national emer-25
gency, a summary of the actions the President or 26
33
ROS19B16 S.L.C.
other officers have taken in the preceding one-year pe-1
riod, including any reprogramming or transfer of 2
funds, to address the emergency. 3
‘‘(e) PROVISION OF INFORMATION TO CONGRESS.—The 4
President shall provide to Congress such other information 5
as Congress may request in connection with any national 6
emergency in effect under title II. 7
‘‘(f) PERIODIC REPORTS ON STATUS OF EMER-8
GENCIES.—If the President declares a national emergency 9
under section 201(a), the President shall, not less frequently 10
than every 6 months for the duration of the emergency, re-11
port to Congress on the status of the emergency and the ac-12
tions the President or other officers have taken and authori-13
ties the President and such officers have relied on in ad-14
dressing the emergency.’’. 15
SEC. 4. EXCLUSION OF IMPOSITION OF DUTIES AND IM-16
PORT QUOTAS FROM PRESIDENTIAL AU-17
THORITIES UNDER INTERNATIONAL EMER-18
GENCY ECONOMIC POWERS ACT. 19
Section 203 of the International Emergency Economic 20
Powers Act (50 U.S.C. 1702) is amended— 21
(1) by redesignating subsection (c) as subsection 22
(d); and 23
(2) by inserting after subsection (b) the fol-24
lowing: 25
34
ROS19B16 S.L.C.
‘‘(c)(1) The authority granted to the President by this 1
section does not include the authority to impose duties or 2
tariff-rate quotas or (subject to paragraph (2)) other quotas 3
on articles entering the United States. 4
‘‘(2) The limitation under paragraph (1) does not pro-5
hibit the President from excluding all articles imported 6
from a country from entering the United States.’’. 7
SEC. 5. CONFORMING AMENDMENTS. 8
(a) NATIONAL EMERGENCIES ACT.—Title III of the 9
National Emergencies Act (50 U.S.C. 1631) is repealed. 10
(b) INTERNATIONAL EMERGENCY ECONOMIC POWERS 11
ACT.—Section 207 of the International Emergency Eco-12
nomic Powers Act (50 U.S.C. 1706) is amended— 13
(1) in subsection (b), by striking ‘‘concurrent res-14
olution’’ and inserting ‘‘joint resolution’’; and 15
(2) by adding at the end the following: 16
‘‘(e) In this section, the term ‘National Emergencies 17
Act’ means the National Emergencies Act, as in effect on 18
the day before the date of the enactment of the Assuring 19
that Robust, Thorough, and Informed Congressional Lead-20
ership is Exercised Over National Emergencies Act.’’. 21
SEC. 6. EFFECTIVE DATE; APPLICABILITY. 22
(a) IN GENERAL.—This Act and the amendments 23
made by this Act shall— 24
35
ROS19B16 S.L.C.
(1) take effect on the date of the enactment of 1
this Act; and 2
(2) except as provided in subsection (b), apply 3
with respect to national emergencies declared under 4
section 201 of the National Emergencies Act on or 5
after that date. 6
(b) APPLICABILITY TO RENEWALS OF EXISTING EMER-7
GENCIES.—When a national emergency declared under sec-8
tion 201 of the National Emergencies Act before the date 9
of the enactment of this Act would expire or be renewed 10
under section 202(d) of that Act (as in effect on the day 11
before such date of enactment), that national emergency 12
shall be subject to the requirements for renewal under sec-13
tion 202(b) of that Act, as amended by section 2. 14
