118 HR 3988 IH: Assuring that Robust, Thorough, and Informed Congressional Leadership is Exercised Over National Emergencies Act
U.S. House of Representatives
2023-06-09
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EN
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I
118th CONGRESS
1st Session
H. R. 3988
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.
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”.
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:
“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.
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.
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.”.
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.”.
4.

Conforming repeal
Title III of the National Emergencies Act (50 U.S.C. 1631) is repealed.
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.