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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 764 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 307
116th CONGRESS
  1st Session
                                 S. 764

                          [Report No. 116-159]

      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, Mr. 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. 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 
207 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. SHORT TITLE.

    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''.

SEC. 2. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.

    Title II of the National Emergencies Act (50 U.S.C. 1621 et seq.) 
is amended by striking sections 201 and 202 and inserting the 
following:

``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 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; 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 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.

``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 with 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) 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.
            ``(4) Consideration in senate.--In the Senate, 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 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.
            ``(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. 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.
            ``(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--
                    ``(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), 
                (4), and (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.
    ``(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. 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.''.

SEC. 3. REPORTING REQUIREMENTS.

    Section 401 of the National Emergencies Act (50 U.S.C. 1641) is 
amended by adding at the end the following:
    ``(d) Report on Emergencies.--The President shall transmit to 
Congress, with any proclamation declaring a national emergency under 
section 201(a) or 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) In the case of a renewal of a national emergency, a 
        summary of the actions the President or other officers have 
        taken in the preceding one-year period, including any 
        reprogramming or transfer of funds, to address the emergency.
    ``(e) Provision of Information to Congress.--The President shall 
provide to Congress such other information as Congress may request in 
connection with any national emergency in effect under title II.
    ``(f) Periodic Reports on Status of Emergencies.--If the President 
declares a national emergency under section 201(a), the President 
shall, not less frequently than every 6 months 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.''.

SEC. 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. CONFORMING AMENDMENTS.

    (a) National Emergencies Act.--Title III of the National 
Emergencies Act (50 U.S.C. 1631) is repealed.
    (b) International Emergency Economic Powers Act.--Section 207 of 
the International Emergency Economic Powers Act (50 U.S.C. 1706) is 
amended--
            (1) in subsection (b), by striking ``concurrent 
        resolution'' and inserting ``joint resolution''; and
            (2) by adding at the end the following:
    ``(e) In this section, the term `National Emergencies Act' means 
the National Emergencies 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.''.

SEC. 6. EFFECTIVE DATE; APPLICABILITY.

    (a) In General.--This Act and the amendments made by this Act 
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 that date.
    (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
```