ARTICLE ONE Act
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S 764 — ARTICLE ONE Act
Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 307.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
612 added · 194 removedPlain-language change summary
The amendment removes the short title of the bill and some specific provisions about how national emergencies are declared and renewed. The updated text does not detail the authorities and time limits previously included and states that the amendment now pertains to Congress's involvement in authorizing actions during national emergencies, focusing on the need for declarations to be published in the Federal Register. This change is significant as it alters the descriptions and requirements of how national emergencies are managed, potentially impacting the oversight process by Congress.
764 IntroducedReported in Senate (IS)](RS)] <DOC> 116thCalendar CONGRESSNo. 1st Session S.
764307 To116th provideCONGRESS for1st congressionalSession approvalS. of national emergency declarations, and for other purposes.
764 [Report No.
116-159] To provide for congressional approval of national emergency declarations, and for other purposes.
Cruz, and Mr.
Wicker)Wicker, introducedMr. the following bill;
whichCornyn, wasMs. read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To provide for congressional approval of national emergency declarations, and for other purposes.
BeMcSally, itMr. enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Isakson, and Ms.
Murkowski) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security and Governmental Affairs November 18, 2019 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 Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Assuring that Robust, Thorough, and Informed Congressional Leadership is Exercised Over National Emergencies Act'' or the ``ARTICLE ONE Act''.</DELETED> <DELETED>SEC.
2.
REQUIREMENTS RELATING TO DECLARATION AND RENEWAL OF NATIONAL EMERGENCIES.</DELETED> <DELETED> Section 201 of the National Emergencies Act (50 U.S.C.
1621) is amended to read as follows:</DELETED> <DELETED>``SEC.
201.
DECLARATIONS AND RENEWALS OF NATIONAL EMERGENCIES.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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-- </DELETED> <DELETED> ``(1) a proclamation declaring a national emergency under subsection (a);
or</DELETED> <DELETED> ``(2) one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress.</DELETED> <DELETED> ``(c) Temporary Effective Periods.--</DELETED> <DELETED> ``(1) In general.--A declaration of a national emergency under subsection (a), shall 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.</DELETED> <DELETED> ``(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--</DELETED> <DELETED> ``(A) the proclamation of the national emergency or the Executive order;
and</DELETED> <DELETED> ``(B) the exercise of the power or authority specified by the President in such proclamation or Executive order.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(d) 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 the date that is 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--</DELETED> <DELETED> ``(1) the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency;
and</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(e) 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.''.</DELETED> <DELETED>SEC.
3.
TERMINATION OF NATIONAL EMERGENCIES.</DELETED> <DELETED> Section 202 of the National Emergencies Act (50 U.S.C.
1622) is amended to read as follows:</DELETED> <DELETED>``SEC.
202.
TERMINATION OF NATIONAL EMERGENCIES.</DELETED> <DELETED> ``(a) In General.--Any national emergency declared by the President under section 201(a) shall terminate on the earliest of-- </DELETED> <DELETED> ``(1) the date provided for in section 201(c);</DELETED> <DELETED> ``(2) the date on which Congress, by statute, terminates the emergency;</DELETED> <DELETED> ``(3) the date on which the President issues a proclamation terminating the emergency;
or</DELETED> <DELETED> ``(4) the date provided for in section 201(d).</DELETED> <DELETED> ``(b) Effect of Termination.--</DELETED> <DELETED> ``(1) In general.--Effective on the date of the termination of a national emergency under subsection (a)-- </DELETED> <DELETED> ``(A) except as provided by paragraph (2), any powers or authorities exercised by reason of the emergency shall cease to be exercised;</DELETED> <DELETED> ``(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</DELETED> <DELETED> ``(C) any contracts entered into under any provision of law for construction relating to the emergency shall be terminated unless construction commenced under the contract before that date.</DELETED> <DELETED> ``(2) Savings provision.--Except as specifically provided in subparagraph (B) or (C) of paragraph (1), the termination of a national emergency shall not affect-- </DELETED> <DELETED> ``(A) any action taken or proceeding pending not finally concluded or determined on the date of the termination under subsection (a);</DELETED> <DELETED> ``(B) any action or proceeding based on any act committed prior to that date;
or</DELETED> <DELETED> ``(C) any rights or duties that matured or penalties that were incurred prior to that date.''.</DELETED> <DELETED>SEC.
4.
REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.</DELETED> <DELETED> Title II of the National Emergencies Act (50 U.S.C.
1621 et seq.) is amended by adding at the end the following:</DELETED> <DELETED>``SEC.
203.
REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.</DELETED> <DELETED> ``(a) Joint Resolutions of Approval.--</DELETED> <DELETED> ``(1) Joint resolution of approval defined.--For purposes of this section, the term `joint resolution of approval' means a joint resolution that contains only the following provisions after its resolving clause--</DELETED> <DELETED> ``(A) a provision approving--</DELETED> <DELETED> ``(i) a proclamation of a national emergency made under section 201(a);</DELETED> <DELETED> ``(ii) an Executive order issued under section 201(b)(2);
or</DELETED> <DELETED> ``(iii) an Executive order issued under section 201(d);
and</DELETED> <DELETED> ``(B) 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.</DELETED> <DELETED> ``(2) Procedures for consideration of joint resolutions of approval.--</DELETED> <DELETED> ``(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(d) or specifying emergency powers or authorities under section 201(b)(2), a joint resolution of approval may be introduced in either House of Congress by any member of that House.</DELETED> <DELETED> ``(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(d) or specifying emergency powers or authorities under section 201(b)(2), 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.</DELETED> <DELETED> ``(C) Committee referral.--A joint resolution of approval shall be referred in each House of Congress to the committee or committees having jurisdiction over the emergency authorities invoked by the proclamation or Executive order that is the subject of the joint resolution.</DELETED> <DELETED> ``(D) Consideration in senate.--In the Senate, the following shall apply:</DELETED> <DELETED> ``(i) 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.</DELETED> <DELETED> ``(ii) 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 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, 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.
Show all 166 changed lines (126 more)
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.</DELETED> <DELETED> ``(iii) Floor consideration.--A joint resolution of approval shall be subject to 10 hours of debate, to be divided evenly between the proponents and opponents of the resolution.</DELETED> <DELETED> ``(iv) Amendments.--</DELETED> <DELETED> ``(I) In general.--Except as provided in subclause (II), no amendments shall be in order with respect to a joint resolution of approval.</DELETED> <DELETED> ``(II) Amendments to strike or add specified provisions of law.--Subclause (I) shall not apply with respect to any amendment to strike or add from the list required by paragraph (1)(B) a provision or provisions of law specified by the President under section 201(b) in the proclamation or Executive order.</DELETED> <DELETED> ``(v) Motion to reconsider final vote.--A motion to reconsider a vote on final passage of a joint resolution of approval shall not be in order.</DELETED> <DELETED> ``(vi) Appeals.--Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate.</DELETED> <DELETED> ``(E) Consideration in house of representatives.--In the House of Representatives, if any committee to which a joint resolution of approval has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar.
On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 3 calendar days to call up that joint resolution for immediate consideration in the House without intervention of any point of order.
When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion.
It shall not be in order to reconsider the vote on passage.
If a vote on final passage of the joint resolution has not been taken on or before the close of the tenth calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day.</DELETED> <DELETED> ``(F) 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-- </DELETED> <DELETED> ``(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</DELETED> <DELETED> ``(ii) the procedures set forth in subparagraphs (D), (E), and (F), 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.</DELETED> <DELETED> ``(G) Rule of construction.--The enactment of a joint resolution of approval 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.</DELETED> <DELETED> ``(b) Rules of the House and Senate.--Subsection (a) is enacted by Congress--</DELETED> <DELETED> ``(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</DELETED> <DELETED> ``(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.''.</DELETED> <DELETED>SEC.
5.
REPORTING REQUIREMENTS.</DELETED> <DELETED> Section 401 of the National Emergencies Act (50 U.S.C.
1641) is amended by adding at the end the following:</DELETED> <DELETED> ``(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(d) or specifying emergency powers or authorities under section 201(b)(2), a report, in writing, that includes the following:</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(2) The estimated duration of the national emergency.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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.''.</DELETED> <DELETED>SEC.
6.
CONFORMING AMENDMENTS.</DELETED> <DELETED> (a) National Emergencies Act.--Title III of the National Emergencies Act (50 U.S.C.
1631) is repealed.</DELETED> <DELETED> (b) International Emergency Economic Powers Act.--Section of the International Emergency Economic Powers Act (50 U.S.C.
1706) is amended--</DELETED> <DELETED> (1) in subsection (b), by striking ``if the national emergency'' and all that follows through ``under this section.'' and inserting the following:
``if--</DELETED> <DELETED> ``(1) the national emergency is terminated pursuant to section 202(a)(2) of the National Emergencies Act;
or</DELETED> <DELETED> ``(2) a joint resolution of approval is not enacted as required by section 203 of that Act to approve-- </DELETED> <DELETED> ``(A) the national emergency;
or</DELETED> <DELETED> ``(B) the exercise of such authorities.'';
and</DELETED> <DELETED> (2) in subsection (c)(1), by striking ``paragraphs (A), (B), and (C) of section 202(a)'' and inserting ``section 202(b)(2)''.</DELETED> <DELETED>SEC.
7.
APPLICABILITY.</DELETED> <DELETED> (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect upon enactment.</DELETED> <DELETED> (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 Act except that such emergencies shall terminate on the date that is one year after such date of enactment unless the emergency is renewed under subsection (d) of section 201, as amended by section 2 of this Act.</DELETED> SECTION 1.
REQUIREMENTSCONGRESSIONAL RELATINGREVIEW TO DECLARATION AND RENEWAL OF NATIONAL EMERGENCIES.
SectionTitle 201II of the National Emergencies Act (50 U.S.C.
1621)1621 et seq.) is amended toby readstriking assections follows:201 and 202 and inserting the following:
DECLARATIONS AND RENEWALS OF NATIONAL EMERGENCIES.
``(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,President or other officers will act in-- ``(1) a proclamation declaring a national emergency under subsection (a);
``(c) TemporaryProhibition Effectiveon Periods.--Subsequent Actions if Emergencies Not Approved.-- ``(1) InSubsequent general.--Adeclarations.--If declarationa joint resolution of aapproval nationalis emergencynot enacted under subsectionsection (a),203 shallwith lastrespect forto 30a daysnational fromemergency before the issuanceexpiration of the proclamation30-day (notperiod countingdescribed thein daysection on202(a), whichor thewith proclamationrespect wasto issued)a andnational shallemergency terminateproposed whento thatbe 30-dayrenewed periodunder expiressection unless202(b), therethe isPresident enactedmay intonot, lawduring athe jointremainder resolutionof the term of approvaloffice of that President, declare a subsequent national emergency under sectionsubsection 203(a) with respect to the proclamation.same circumstances.
``(2) Exercise of powersauthorities.--If anda authorities.--Anyjoint powerresolution orof authorityapproval madeis availablenot enacted under section 203 with respect to a provisionpower ofor lawauthority describedspecified by the President in a proclamation under subsection (a) andor specifiedan pursuantExecutive toorder under subsection (b)(b)(2) maywith berespect exercisedto fora 30national daysemergency, from the issuancePresident ofmay not, during the proclamationremainder orof Executivethe orderterm (notof countingoffice theof daythat onPresident, whichexercise suchthat proclamationpower or Executiveauthority orderwith wasrespect issued).to that emergency.
That``(d) powerEffect orof authorityFuture cannotLaws.--No belaw exercisedenacted onceafter thatthe 30-daydate periodof expires,the unlessenactment thereof isthis enactedAct intoshall lawsupersede athis jointtitle resolutionunless ofit approvaldoes underso sectionin 203specific approving--terms, ``(A)referring theto proclamationthis oftitle, and declaring that the nationalnew emergencylaw orsupersedes the Executiveprovisions order;of this title.
``SEC.
202.
EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.
``(a) Temporary Effective Periods.-- ``(1) In general.--A declaration of a national emergency shall remain in effect for 30 days from the issuance of the proclamation under section 201(a) (not counting the day on which the proclamation was issued) and shall terminate when that 30-day period expires unless there is enacted into law a joint resolution of approval under section 203 with respect to the proclamation.
``(2) Exercise of powers and authorities.--Any emergency power or authority made available under a provision of law specified pursuant to section 201(b) may be exercised pursuant to a declaration of a national emergency for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued).
That power or authority may not be exercised after that 30-day period expires unless there is enacted into law a joint resolution of approval under section 203 approving-- ``(A) the proclamation of the national emergency or the Executive order;
``(d)``(b) Renewal of National Emergencies.--A national emergency declared by the President under subsectionsection (a)201(a) or previously renewed under this subsection, and not already terminated pursuant to subsection (c)(a) or section(c), 202(a), shall terminate on the date that is 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;
``(e)``(c) EffectTermination of FutureNational Laws.--NoEmergencies.-- law``(1) enactedIn aftergeneral.--Any thenational dateemergency ofdeclared by the enactmentPresident ofunder thissection Act201(a) shall supersedeterminate thison titlethe unlessearliest itof-- does``(A) so in specific terms, referring to this title, and declaring that the newdate lawprovided supersedesfor thein provisionssubsection of(a); this title.''.
SEC.``(B) the date provided for in subsection (b);
3.``(C) the date specified in an Act of Congress terminating the emergency;
TERMINATIONor OF``(D) NATIONALthe EMERGENCIES.date specified in a proclamation of the President terminating the emergency.
Section``(2) 202Effect of termination.-- ``(A) In general.--Effective on the Nationaldate Emergenciesof Actthe (50termination U.S.C.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;
1622)``(ii) isany amendedamounts reprogrammed or transferred under any provision of law with respect to readthe asemergency follows:that remain unobligated on that date shall be returned and made available for the purpose for which such amounts were appropriated;
and ``(iii) any contracts entered into under any provision of law for construction relating to the emergency shall be terminated.
``(B) Savings provision.--The termination of a national emergency shall not affect-- ``(i) any legal action taken or pending legal proceeding not finally concluded or determined on the date of the termination under paragraph (1);
``(ii) any legal action or legal proceeding based on any act committed prior to that date;
or ``(iii) any rights or duties that matured or penalties that were incurred prior to that date.
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(d).
``(b) Effect of Termination.-- ``(1) In general.--Effective on the date of the termination of a national emergency under subsection (a)-- ``(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 for construction relating to the emergency shall be terminated unless construction commenced under the contract before that date.
``(2) Savings provision.--Except as specifically provided in subparagraph (B) or (C) of paragraph (1), the termination of a national emergency shall not affect-- ``(A) any action taken or proceeding pending not finally concluded or determined on the date of the termination under subsection (a);
``(B) any action or proceeding based on any act committed prior to that date;
or ``(C) any rights or duties that matured or penalties that were incurred prior to that date.''.
SEC.
4.
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.
``(a) Joint ResolutionsResolution of Approval.--Approval ``(1)Defined.--In Joint resolution of approval defined.--For purposes of this section, the term `joint resolution of approval' means a joint resolution that contains only the following provisions after its resolving clause--clause: ``(A) a provision approving-- ``(i) a proclamation of a national emergency made under section 201(a);
``(ii)``(1) anA Executiveprovision orderapproving-- issued``(A) a proclamation of a national emergency made under section 201(b)(2);201(a);
or``(B) ``(iii) an Executive order issued under section 201(d);201(b)(2);
and ``(B) a provision approving a list of all or a``(C) portionan ofExecutive theorder provisionsissued of law specified by the President under section 201(b)202(b). in the proclamation or Executive order that is the subject of the joint resolution.
``(2) ProceduresA forprovision considerationapproving ofa jointlist resolutions of approval.--all ``(A)or Introduction.--After the President transmits to Congress a proclamationportion declaringof athe nationalprovisions emergencyof underlaw sectionspecified 201(a),by orthe anPresident Executive order renewing an emergency under section 201(d)201(b) orin specifyingthe emergencyproclamation powers or authoritiesExecutive underorder sectionthat 201(b)(2),is athe jointsubject resolution of approvalthe mayjoint beresolution. introduced in either House of Congress by any member of that House.
``(B)``(b) RequestsProcedures tofor conveneConsideration congressof duringJoint recesses.--If,Resolutions whenof Approval.-- ``(1) 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(d) or specifying emergency powers or authorities under section 201(b)(2),201(b)(2) Congressor hasrenewing adjourneda sinenational dieemergency orunder hassection adjourned202(b), fora anyjoint periodresolution in excess of 3approval calendarmay days,be theintroduced Speakerin ofeither the House of RepresentativesCongress and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by atany leastmember one-third of the membership of their respective Houses) shall jointly request the President to convene Congress in order that itHouse. may consider the proclamation or Executive order and take appropriate action pursuant to this section.
``(C)``(2) CommitteeRequests referral.--Ato jointconvene resolutioncongress ofduring approvalrecesses.--If, shallwhen bethe referredPresident 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 eachexcess Houseof 3 calendar days, the majority leader of Congressthe toSenate and the committeeSpeaker of the House of Representatives, or committeestheir havingrespective jurisdictiondesignees, overacting jointly after consultation with and with the emergencyconcurrence authoritiesof invokedthe byminority leader of the proclamationSenate orand Executivethe orderminority thatleader isof the subjectHouse, shall notify the Members of the jointSenate resolution.and House, respectively, to reassemble at such place and time as they may designate if, in their opinion, the public interest shall warrant it.
``(D)``(3) ConsiderationCommittee referral.--A joint resolution of approval shall be referred in senate.--Ineach House of Congress to the Senate,committee or committees having jurisdiction over the followingemergency shallauthorities apply:invoked by the proclamation or Executive order that is the subject of the joint resolution.
``(i)``(4) ReportingConsideration andin discharge.--Ifsenate.--In the committeeSenate, to which a joint resolution of approval has been referred has not reported it at the endfollowing of 10 calendar days after its introduction, that committee shall beapply: automatically discharged from further consideration of the resolution and it shall be placed on the calendar.
``(ii)``(A) ProceedingReporting toand consideration.--discharge.--If Notwithstanding Rule XXII of the Standing Rules of the Senate, when the committee to which a joint resolution of approval ishas been referred has not reported the resolution, or when that committee is discharged under clause (i) from further consideration of the resolution, it is at anythe timeend thereafterof in10 ordercalendar (evendays thoughafter aits previousintroduction, motionthat tocommittee theshall samebe effectautomatically hasdischarged beenfrom disagreedfurther to) for a motion to proceed to the consideration of the jointresolution resolution, and allit pointsshall ofbe orderplaced againston the jointcalendar. resolution (and against consideration of the joint resolution) are waived.
``(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.
``(iii)``(C) Floor consideration.--A joint resolution of approval shall be subject to 10 hours of debate,consideration, to be divided evenly between the proponents and opponents of the resolution.
``(iv)``(D) Amendments.-- ``(I)``(i) In general.--Except as provided in subclauseclause (II),(ii), no amendments shall be in order with respect to a joint resolution of approval.
``(II)``(ii) Amendments to strike or add specified provisions of law.--Subclauselaw.--Clause (I)(i) shall not apply with respect to any amendmentamendment-- ``(I) to strike or add from the list required by paragraph (1)(B) a provision or provisions of law specifiedfrom by the Presidentlist underrequired sectionby 201(b)subsection in(a)(2); the proclamation or Executive order.
``(v)or Motion``(II) to reconsideradd final vote.--A motion to reconsiderthat list a voteprovision onor finalprovisions passage of alaw jointspecified resolutionby ofthe approvalPresident shallunder notsection be201(b) in order.the proclamation or Executive order that is the subject of the joint resolution of approval.
``(vi)``(E) Appeals.--PointsMotion ofto order,reconsider includingfinal questionsvote.--A ofmotion relevancy,to andreconsider appealsa fromvote theon decisionpassage of thea Presidingjoint Officer,resolution of approval shall not be decidedin withoutorder. debate.
``(E)``(F) ConsiderationAppeals.--Points in house of representatives.--order, Inincluding thequestions House of Representatives,relevancy, ifand anyappeals committeefrom to which a joint resolution of approval has been referred has not reported it to the Housedecision at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the jointPresiding resolution,Officer, and it shall be placeddecided onwithout thedebate. appropriate calendar.
``(5) Consideration in house of representatives.--In the House of Representatives, if any committee to which a joint resolution of approval has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar.
``(F)``(6) Receipt of resolution from other house.--If, before passing a joint resolution of approval, one House receives from the other a joint resolution of approval from the other House, then-- ``(i)``(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 ``(ii)``(B) the procedures set forth in subparagraphsparagraphs (D),(3), (E),(4), and (F),(5), as applicable, shall apply in the receiving House to the joint resolution received from the other House to the same extent as such procedures apply to a joint resolution of the receiving House.
``(G)``(c) Rule of construction.--TheConstruction.--The enactment of a joint resolution of approval under this subsectionsection shall not be interpreted to serve as a grant or modification by Congress of statutory authority for the emergency powers of the President.
``(b)``(d) Rules of the House and Senate.--SubsectionSenate.--This (a)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 ofdescribed approval,in this section, and supersedesupersedes 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.''.House.
``SEC.
204.
EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
``(a) In General.--In the case of a national emergency described in subsection (b), the provisions of this Act, as in effect on the day before the date of the enactment of the Assuring that Robust, Thorough, and Informed Congressional Leadership is Exercised Over National Emergencies Act, shall continue to apply on and after such date of enactment.
``(b) National Emergency Described.-- ``(1) In general.--A national emergency described in this subsection is a national emergency pursuant to which the President proposes to exercise emergency powers or authorities made available under the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), supplemented as necessary by a provision of law specified in paragraph (2).
``(2) Provisions of law specified.--The provisions of law specified in this paragraph are-- ``(A) the United Nations Participation Act of 1945 (22 U.S.C.
287 et seq.);
``(B) section 212(f) of the Immigration and Nationality Act (8 U.S.C.
1182(f));
or ``(C) any provision of law that authorizes the implementation, imposition, or enforcement of economic sanctions with respect to a foreign country.
``(c) Effect of Additional Powers and Authorities.--Subsection (a) shall not apply to a national emergency or the exercise of emergency powers and authorities pursuant to the national emergency if, in addition to the exercise of emergency powers and authorities described in subsection (b), the President proposes to exercise, pursuant to the national emergency, any emergency powers and authorities under any other provision of law.''.
5.3.
``(d) Report on Emergencies.--The President shall transmit to Congress, with any proclamation declaring a national emergency under section 201(a),201(a) or any Executive order renewingspecifying an emergency powers or authorities under section 201(d)201(b)(2) or specifyingrenewing emergencya powersnational oremergency authorities under section 201(b)(2),202(b), a report, in writing, that includes the following:
``(2) The estimated duration of the national emergency.emergency, or a statement that the duration of the national emergency cannot reasonably be estimated at the time of transmission of the report.
``(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 1806 daysmonths 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.''.
6.4.
EXCLUSION OF IMPOSITION OF DUTIES AND IMPORT QUOTAS FROM PRESIDENTIAL AUTHORITIES UNDER INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
Section 203 of the International Emergency Economic Powers Act (50 U.S.C.
1702) is amended-- (1) by redesignating subsection (c) as subsection (d);
and (2) by inserting after subsection (b) the following:
``(c)(1) The authority granted to the President by this section does not include the authority to impose duties or tariff-rate quotas or (subject to paragraph (2)) other quotas on articles entering the United States.
``(2) The limitation under paragraph (1) does not prohibit the President from excluding all articles imported from a country from entering the United States.''.
SEC.
5.
1706) is amended-- (1) in subsection (b), by striking ``if``concurrent theresolution'' national emergency'' and all that follows through ``under this section.'' and inserting the``joint following:resolution'';
``if--and ``(1)(2) theby nationaladding emergencyat isthe terminatedend pursuant to section 202(a)(2) of the Nationalfollowing: Emergencies Act;
or``(e) ``(2)In athis jointsection, resolutionthe ofterm approval`National isEmergencies notAct' enactedmeans the National Emergencies Act, as requiredin byeffect sectionon 203the day before the date of the enactment of the Assuring that ActRobust, toThorough, approve--and ``(A)Informed theCongressional nationalLeadership emergency;is Exercised Over National Emergencies Act.''.
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(b)(2)''.
7.6.
EFFECTIVE DATE;
(a) In General.--ExceptGeneral.--This as provided in subsection (b), this Act and the amendments made by this Act shallshall-- (1) take effect uponon enactment.the date of the enactment of this Act;
(b)and Application(2) toexcept Nationalas Emergenciesprovided Previouslyin Declared.--Asubsection (b), apply with respect to national emergencyemergencies 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 Act except that such emergencies shall terminate on theor dateafter that isdate. one year after such date of enactment unless the emergency is renewed under subsection (d) of section 201, as amended by section 2 of this Act.
<all>(b) Applicability to Renewals of Existing Emergencies.--When a national emergency declared under section 201 of the National Emergencies Act before the date of the enactment of this Act would expire or be renewed under section 202(d) of that Act (as in effect on the day before such date of enactment), that national emergency shall be subject to the requirements for renewal under section 202(b) of that Act, as amended by section 2.
Calendar No.
307 116th CONGRESS 1st Session S.
764 [Report No.
116-159] _______________________________________________________________________ A BILL To provide for congressional approval of national emergency declarations, and for other purposes.
_______________________________________________________________________ November 18, 2019 Reported with an amendment
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- Reported Reported to Senate Current html November 18, 2019
- Introduced Introduced in Senate html March 12, 2019
Action History
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Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 116-159.
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Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 116-159.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 307.
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Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
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Introduced in Senate
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Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Sponsors
- Mike Lee · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- Lee, Mike Republican
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors S 764?
- S 764 is sponsored by Lee, Mike (Republican).
- What is the current status of S 764?
- This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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