[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3988 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3988
To provide for congressional approval of national emergency
declarations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2023
Mr. Roy (for himself, Mr. Cohen, Mr. Gallagher, Ms. Titus, Mr. Gosar,
Ms. Norton, Mr. Perry, Mr. Kiley, Mr. Ogles, Mr. Cloud, Mr. Norman, Mr.
Higgins of Louisiana, Mr. Biggs, Ms. Hageman, Mr. Brecheen, and Ms.
Mace) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Foreign Affairs, and Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for congressional approval of national emergency
declarations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 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, the following shall apply:
``(A) Reporting and discharge.--If any committee to
which a joint resolution of approval has been referred
has not reported it to the House within 10 calendar
days after the date of referral, such committee shall
be discharged from further consideration of the joint
resolution.
``(B) Proceeding to consideration.--
``(i) In general.--Beginning on the third
legislative day after each committee to which a
joint resolution of approval has been referred
reports it to the House or has been discharged
from further consideration, and except as
provided in clause (ii), it shall be in order
to move to proceed to consider the joint
resolution in the House. The previous question
shall be considered as ordered on the motion to
its adoption without intervening motion. The
motion shall not be debatable. A motion to
reconsider the vote by which the motion is
disposed of shall not be in order.
``(ii) Subsequent motions to proceed to
joint resolution of approval.--A motion to
proceed to consider a joint resolution of
approval shall not be in order after the House
has disposed of another motion to proceed on
that resolution.
``(C) Floor consideration.--Upon adoption of the
motion to proceed in accordance with subparagraph
(B)(i), the joint resolution of approval shall be
considered as read. The previous question shall be
considered as ordered on the joint resolution to final
passage without intervening motion except two hours of
debate, which shall include debate on any amendments,
equally divided and controlled by the sponsor of the
joint resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(D) Amendments.--
``(i) In general.--Except as provided in
clause (ii), no amendments shall be in order
with respect to a joint resolution of approval.
``(ii) Amendments to strike or add
specified provisions of law.--Clause (i) shall
not apply with respect to any amendment--
``(I) to strike a provision or
provisions of law from the list
required by subsection (a)(2); or
``(II) to add to that list a
provision or provisions of law
specified by the President under
section 201(b) in the proclamation or
Executive order that is the subject of
the joint resolution.
``(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. 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. CONFORMING REPEAL.
Title III of the National Emergencies Act (50 U.S.C. 1631) is
repealed.
SEC. 5. 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.
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