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                                                      Calendar No. 307
116th Congress      }                                   {       Report
                                 SENATE
 1st Session        }                                   {      116-159
_______________________________________________________________________

                                     


 ASSURING THAT ROBUST, THOROUGH, AND INFORMED CONGRESSIONAL LEADERSHIP 
               IS EXERCISED OVER NATIONAL EMERGENCIES ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 764

           TO PROVIDE FOR CONGRESSIONAL APPROVAL OF NATIONAL
             EMERGENCY DECLARATIONS, AND FOR OTHER PURPOSES

 
 
 
 
 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]





               November 18, 2019.--Ordered to be printed 
              
                               __________

                      U.S. GOVERNMENT PUBLISHING OFFICE
                      
99-010                     WASHINGTON : 2019 
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
       Patrick J. Bailey, Chief Counsel for Governmental Affairs
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
         Alexa E. Noruk, Minority Director of Homeland Security
   Christopher J. Mulkins, Minority Senior Professional Staff Member
                     Laura W. Kilbride, Chief Clerk



















                                                      Calendar No. 307
116th Congress      }                                   {       Report
                                 SENATE
 1st Session        }                                   {      116-159

======================================================================



 
 ASSURING THAT ROBUST, THOROUGH, AND INFORMED CONGRESSIONAL LEADERSHIP 
               IS EXERCISED OVER NATIONAL EMERGENCIES ACT

                                _______
                                

               November 18, 2019.--Ordered to be printed

                                _______
                                

       Mr. Johnson, from the Committee on Homeland Security and 
             Governmental Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 764]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 764) to provide for 
congressional approval of national emergency declarations, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
 IV. Section-by-Section Analysis......................................6
  V. Evaluation of Regulatory Impact..................................7
 VI. Congressional Budget Office Cost Estimate........................7
VII. Changes in Existing Law Made by the Bill, as Reported............8

                         I. Purpose and Summary

    S. 764, the Assuring that Robust, Thorough, and Informed 
Congressional Leadership is Exercised Over National Emergencies 
Act, or ARTICLE ONE Act, reclaims certain emergency authorities 
that Congress has ceded to the President. Over the years, 
Congress enacted a number of statutes--more than 120 remain in 
force today\1\--that provide the President with specific 
authorities that the President may invoke, through 
proclamation, during times of emergency. In 1976, based on the 
recommendation of a bipartisan special committee convened to 
analyze the issue, Congress enacted the National Emergencies 
Act (NEA), which provided Congress with the unilateral 
authority to terminate a Presidentially-declared emergency by 
passing a concurrent resolution. In 1983, however, the Supreme 
Court made clear that any termination resolution remained 
subject to presidential veto.\2\ Consequently, under current 
law, Congress's ability to terminate a declared national 
emergency requires a veto-proof majority in both houses of 
Congress.
---------------------------------------------------------------------------
    \1\See Brennan Ctr. For Justice, A Guide to Emergency Powers and 
Their Use ii (Feb. 13, 2019), https://www.brennancenter.org/sites/
default/files/legislation/AGuideToEmergencyPowersAnd 
TheirUse_2.13.19.pdf.
    \2\I.N.S. v. Chadha, 462 U.S. 919 (1983).
---------------------------------------------------------------------------
    S. 764 addresses this issue by amending the NEA to invert 
the process for congressional review of a national emergency 
declared by the President. Instead of requiring a veto-proof 
resolution to disapprove of a declared emergency (i.e., the 
status quo), S. 764 amends the NEA procedures to stipulate that 
a declared emergency expires after 30 days unless and until 
Congress passes a joint resolution approving of the declared 
emergency. These new procedures, however, would not apply to an 
emergency declared pursuant to the International Emergency 
Economic Powers Act (IEEPA), the statutory scheme used 
primarily to impose economic sanctions on foreign entities and 
individuals. S. 764 does, however, limit the emergency 
authorities available under IEEPA by prohibiting the use of 
that law to impose duties or tariff-rate quotas.

              II. Background and the Need for Legislation


1972 Senate Special Committee on National Emergencies and Delegated 
        Emergency Powers

    In 1972, the Senate approved the creation of a special 
bipartisan committee ``to assess the consequences of 
terminating the ongoing state of emergency initially declared 
by President Truman on the eve of the Korean War in 1950.''\3\ 
``The Special Committee . . . was the only congressional 
committee of its time to have a membership comprised of an 
equal number of Republicans and Democrats.''\4\
---------------------------------------------------------------------------
    \3\Patrick A. Thronson, Note: Toward Comprehensive Reform of 
America's Emergency Law Regime, 46 U. Mich. J.L. Reform 737, 744 
(Winter 2013).
    \4\Id.
---------------------------------------------------------------------------
    During the course of its work, the Special Committee 
realized the breadth of the emergency authorities that Congress 
had ceded to the President: ``The President has had 
extraordinary powers--powers to seize property and commodities, 
seize control of transportation and communications, organize 
and control the means of production, assign military forces 
abroad, and restrict travel.''\5\
---------------------------------------------------------------------------
    \5\Id. at 745 (quoting S. Rep. No. 94-922, at 3 (1974)).
---------------------------------------------------------------------------
    The Special Committee determined that Congress had enacted 
470 statutory provisions that provided the President with 
emergency authorities,\6\ and it assessed blame accordingly: 
``This dangerous state of affairs is a direct result of 
Congress's failure to establish effective means for the 
handling of emergencies . . . . Congress, through its own 
actions, has transferred awesome magnitudes of power to the 
Executive without ever examining the cumulative effect of that 
delegation of responsibility.''\7\
---------------------------------------------------------------------------
    \6\Id. at 744-45.
    \7\Id. at 745 (quoting S. Rep. No. 94-922, at 1 (1974)).
---------------------------------------------------------------------------
    To address these issues, the Special Committee unanimously 
approved draft legislation titled the National Emergencies 
Act.\8\ On September 14, 1976, the NEA became law.\9\
---------------------------------------------------------------------------
    \8\Id. at 745.
    \9\ Id. at 746; Pub. L. No. 94-412 (1976). The enacted version of 
the NEA was a modified version of the Special Committee's draft.
---------------------------------------------------------------------------

NEA: The Current Regime

    The NEA reformed Congress's grant of emergency authorities 
to the President in several ways. First, it terminated all 
then-existing emergencies two years after enactment of the 
legislation,\10\ and repealed or amended seven specific 
emergency authorities.\11\ Second, it codified the process 
through which the President invoked any emergency authority by, 
among other things, requiring the President to specify the 
emergency authorities invoked\12\ and empowering Congress to 
terminate any declared emergency with a concurrent 
resolution.\13\ It also specified the procedures by which both 
houses of Congress would consider a concurrent resolution on an 
expedited basis.\14\
---------------------------------------------------------------------------
    \10\Pub. L. No. 94-412 Sec. 101 (1976).
    \11\Id. at Sec. 501.
    \12\Id. at Sec. 301.
    \13\Id. at Sec. 201.
    \14\Id. at Sec. 201(c).
---------------------------------------------------------------------------
    Under those procedures, at six-month intervals after the 
declaration of an emergency, Congress is required to consider a 
vote on a concurrent resolution to determine whether the 
emergency declaration should be terminated.\15\ The NEA 
provides privileged procedures for the consideration of a 
concurrent resolution. Any such resolution must be reported out 
of the appropriate committee to the floor within 15 calendar 
days,\16\ and final passage must be voted on within three 
calendar days.\17\ The resolution is then sent to the non-
originating house of Congress, and the same privileged 
procedures apply.\18\ A conference committee is required to 
meet if there are any differences between the House and Senate 
resolutions, and it must issue a committee report within six 
calendar days of its appointment.\19\ Both houses must vote 
within six calendar days of the issuance of the conference 
report.\20\
---------------------------------------------------------------------------
    \15\Id. at Sec. 201(b).
    \16\Id. at Sec. 201(c)(1).
    \17\Id. at Sec. 201(c)(2).
    \18\Id. at Sec. 201(c)(3).
    \19\Id. at Sec. 201(c)(4).
    \20\Id.
---------------------------------------------------------------------------
    Despite these finely wrought procedures designed to ensure 
prompt and effective congressional oversight of emergency 
declarations, in 1983, the Supreme Court held that any 
termination resolution remained subject to Presidential 
veto.\21\ Thus, in practice, Congress is not able to terminate 
a declared emergency absent veto-proof majorities in both 
houses of Congress. Although this represented a significant 
change to the spirit of the law, the NEA has not been 
meaningfully reconsidered since it was passed 43 years ago and, 
in practice, Congress rarely has reconsidered emergencies once 
they have been declared.
---------------------------------------------------------------------------
    \21\I.N.S. v. Chadha, 462 U.S. 919 (1983).
---------------------------------------------------------------------------
    According to the Brennan Center for Justice, there are 
currently 123 statutory authorities that a President may invoke 
to access certain emergency authorities.\22\ Since enactment of 
the NEA, there have been 63 declared emergencies.\23\ As of 
October 18, 2019, there were 34 declared national emergencies 
still in effect.\24\ For all of those emergencies except three, 
the President invoked authorities available under IEEPA.\25\
---------------------------------------------------------------------------
    \22\A Guide to Emergency Powers and Their Use ii, supra note 1.
    \23\Brennan Ctr. For Justice, Declared National Emergencies Under 
the National Emergencies Act (Oct. 17, 2019), https://
www.brennancenter.org/our-work/research-reports/declared-national-
emergencies-under-national-emergencies-act.
    \24\Id.
    \25\Id.
---------------------------------------------------------------------------

The ARTICLE ONE Act

    Consistent with the findings of the bipartisan Special 
Committee and the original purpose of the NEA, the ARTICLE ONE 
Act reclaims authority that Congress ceded to the President by 
inverting the framework for congressional review. Rather than 
require a veto-proof majority to enact a resolution of 
disapproval, the ARTICLE ONE Act provides that any authority 
that a President invokes during an emergency expires after 30 
days unless and until Congress enacts a joint resolution of 
approval. This new framework includes procedures to streamline 
consideration of a joint resolution, including limited time for 
review by the appropriate committees, limited floor debate, and 
a general prohibition on amendments.
    Notably, the new framework established by the ARTICLE ONE 
Act does not apply to the emergency authorities available under 
IEEPA, which a President traditionally invokes during times of 
emergency to impose economic sanctions on foreign entities and 
individuals. This exclusion is intended to preserve the 
President's flexibility in deploying economic sanctions as a 
national security tool. However, the ARTICLE ONE Act also 
amends IEEPA by prohibiting the use of its authorities to 
impose duties or tariff-rate quotas. To ensure that a President 
cannot skirt congressional review by invoking IEEPA along with 
other emergency authority provisions, the bill specifies that 
any such declared emergency remains subject to the new 
framework established by the ARTICLE ONE Act.
    Finally, the ARTICLE ONE Act requires the President to 
submit to Congress detailed reporting about the declared 
emergency--e.g., the circumstances necessitating the emergency, 
its estimated duration, a summary of actions taken, etc.--not 
only at the time the emergency is declared, but also every six 
months thereafter.

                        III. Legislative History

    Senator Mike Lee (R-UT) introduced S. 764 on March 12, 
2019, with Senators Chuck Grassley (R-IA), Thom Tillis (R-NC), 
Joni Ernst (R-IA), Pat Toomey (R-PA), Ron Johnson (R-WI), Jerry 
Moran (R-KS), Lamar Alexander (R-TN), Ben Sasse (R-NE), Roy 
Blunt (R-MO), Rob Portman (R-OH), Todd Young (R-IN), Mitt 
Romney (R-UT), Ted Cruz (R-TX), and Roger Wicker (R-MS). 
Senators John Cornyn (R-TX), Martha McSally (R-AZ), Johnny 
Isakson (R-GA), and Lisa Murkowski (R-AK) later joined as 
cosponsors. The bill was referred to the Committee on Homeland 
Security and Governmental Affairs. The Committee considered S. 
764 at a July 24, 2019 business meeting. It was held over from 
a business meeting held on June 18, 2019.
    During the business meeting, Chairman Johnson offered a 
modified amendment in the nature of a substitute. The amendment 
established an exemption from the bill's congressional review 
procedure for certain emergency declarations invoking 
authorities under IEEPA. Specifically, the amendment carved out 
emergency declarations invoking IEEPA only insofar as a 
President sought to block property or impose economic 
sanctions; the use of any other authority under IEEPA would 
remain subject to the new congressional review procedures. The 
amendment further modified the effect-of-termination clause so 
that any construction related to the emergency initiated before 
termination would not be permitted to continue. It also 
clarified that the savings provision applied to ``legal'' 
actions and proceedings. The amendment as modified was adopted 
by unanimous consent.
    Senator Rand Paul offered two amendments. The first 
amendment would have the effect of immediately upon passage of 
this bill terminating the national emergency concerning the 
southern border of the United States declared on February 15, 
2019. The amendment was not adopted by a roll call vote of 7 
Yeas to 7 Nays. Senators voting Yea were Senators Paul, Peters, 
Carper, Hassan, Sinema, Rosen, with Senator Harris voting Yea 
by proxy. Senators voting Nay were Johnson, Portman, Lankford, 
Romney, Scott, Enzi, and Hawley. The second amendment would 
have repealed Section 7 of the Communications Act of 1934, an 
emergency authority that a President may invoke to suspend, 
close, or otherwise control any communication facility. The 
amendment was not adopted by a roll call vote of 5 Yeas to 9 
Nays. Senators voting Yea were Senators Portman, Paul, Romney, 
Scott, and Hawley. Senators voting Nay were Johnson, Lankford, 
Enzi, Peters, Carper, Hassan, Sinema, Rosen, with Senator 
Harris voting Nay by proxy.
    Senator Peters offered an amendment which widened the 
exemption from congressional review of national emergency 
declarations to include all authorities pursuant to IEEPA. 
Senator Johnson offered a second degree amendment to the Peters 
amendment, which clarified that reference to IEEPA alone does 
not exempt an emergency declaration from congressional review 
under the bill. The Johnson second degree amendment was adopted 
by voice vote. Senators present were Johnson, Portman, 
Lankford, Romney, Scott, Enzi, Hawley, Peters, Carper, Hassan, 
Sinema, and Rosen. Senators Scott and Hawley asked to be 
recorded for the record as voting ``No''. The Peters amendment, 
as amended by the Johnson second degree amendment, was adopted 
by voice vote. Senators present were Johnson, Portman, Paul, 
Lankford, Romney, Scott, Enzi, Hawley, Peters, Carper, Hassan, 
Sinema, and Rosen. Senators Portman, Scott, and Hawley asked to 
be recorded for the record as voting ``No''.
    The Committee ordered S. 764, as amended by the Johnson 
substitute amendment as modified and the Peters Amendment 2 as 
modified by the Johnson second degree amendment, was reported 
favorably on July 24, 2019, by voice vote. Senators present for 
the vote were Johnson, Portman, Paul, Lankford, Romney, Scott, 
Enzi, Hawley, Peters, Carper, Hassan, Sinema, and Rosen. 
Senators Scott and Hawley were asked to be recorded for the 
record as voting ``No''.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section provides the bill's short title, the 
``Assuring that Robust, Thorough, and Informed Congressional 
Leadership is Exercised Over National Emergencies Act'' or the 
``ARTICLE ONE Act.''

Section 2. Congressional review of national emergencies

    This section amends Title II of the NEA and replaces it 
with four sections that revise the way in which Congress 
authorizes and reviews national emergencies declared by a 
President.
    Section 201 authorizes the President to declare a national 
emergency by proclamation. For any declared emergency, a 
President must identify, either in the proclamation or in an 
Executive Order, the specific emergency authorities being 
invoked. The President's declaration must be transmitted to 
Congress and published in the Federal Register. If Congress 
does not approve of the declared emergency, a President is 
prohibited for the remainder of the term of office from 
declaring a subsequent national emergency with respect to the 
same circumstances.
    Section 202 limits the temporary effective period for all 
declared national emergencies to 30 days, at which point any 
invoked emergency authority expires unless (pursuant to Section 
203) Congress enacts a joint resolution of approval. If 
Congress is physically unable to convene, the 30-day period 
does not begin until the first day Congress convenes. Unless 
otherwise terminated by the President or Congress, a declared 
national emergency shall terminate after one year unless it is 
renewed by the President and approved by a joint-resolution of 
Congress.
    Section 203 sets forth the procedures by which Congress may 
review a national emergency declared by the President. A joint 
resolution of approval may be introduced in either House of 
Congress by any member of that House. A joint resolution of 
approval will be a privileged resolution; it will require only 
a simple majority for passage and will be subject to 
streamlined floor procedures, including limited time for debate 
and the general prohibition of amendments.
    Section 204 excludes certain national emergencies invoking 
IEEPA from these revised review procedures. Specifically, if 
the President declares a national emergency and invokes IEEPA, 
such an emergency will remain subject to the original 
procedures for congressional review; in other words, Congress 
may terminate such an emergency only through a joint resolution 
of disapproval. However, if a President invokes any emergency 
authority in addition to IEEPA (and its enumerated, 
supplemental authorities), such an emergency would be subject 
to the revised review procedures of this section.

Section 3. Reporting requirements

    This section requires the President, when an emergency is 
declared or renewed, to provide Congress with information about 
the basis for the declared emergency; its anticipated duration; 
and a summary of actions, including the reprogramming of funds, 
taken or planned to be taken during the course of the 
emergency. It also requires the President to report to Congress 
not less than every six months for the duration of a declared 
emergency about the status of the emergency and actions taken 
pursuant to the emergency authorities invoked.

Section 4. Exclusion of imposition of duties and import quotas from 
        presidential authorities under International Emergency Economic 
        Powers Act

    This section amends IEEPA by prohibiting the President from 
using any of its authorities to impose duties or tariff-rate 
quotas.

Section 5. Conforming amendments

    This section makes conforming amendments to the NEA and 
IEEPA.

Section 6. Effective date; applicability

    This section provides the ARTICLE ONE Act shall take effect 
on the date of enactment. With regard to declared emergencies 
in effect at the time of enactment, the provisions of the 
ARTICLE ONE Act will apply when such an emergency is set to 
expire or otherwise be renewed.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 16, 2019.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 764, the ARTICLE ONE 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 764 would amend the National Emergencies Act to limit 
the duration of any national emergency declared by the 
President to 30 days, unless subsequently approved or extended 
by the Congress.
    According to information from the Congressional Research 
Service, Presidents have declared 53 national emergencies since 
1976. Of those, 31 are currently active. Most national 
emergencies involve sanctions against trade with foreign 
governments. Sanctions can affect revenue collections to the 
extent that the number of people subject to visa fees and civil 
and criminal penalties changes. Most visa fees are retained by 
the Department of State and spent without further 
appropriation, but some fees are deposited in the Treasury as 
revenues. Penalties also are recorded as revenues, and a 
portion of those penalties can be spent without further 
appropriation. In addition, national emergencies also could 
involve the spending of previously appropriated funds, which 
would lead to an increase in direct spending.
    CBO cannot predict the number or timing of future 
declarations of national emergencies, but expects that most of 
them would be approved by the Congress. If S. 764 is enacted, 
and if it resulted in fewer emergency declarations (or 
emergencies of shorter duration) federal spending could be 
lower. But any effects would be insignificant.
    CBO staff contact for this estimate is Matthew Pickford. 
The estimate was reviewed by Theresa A. Gullo, Assistant 
Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 764 as reported are shown as follows (existing law proposed 
to be omitted is enclosed in brackets, new matter is printed in 
italic, and existing law in which no change is proposed is 
shown in roman):

NATIONAL EMERGENCIES ACT

           *       *       *       *       *       *       *


TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

           *       *       *       *       *       *       *


[SEC. 201. (50 U.S.C. 1621)

    [(a) 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 national emergency. Such proclamation shall 
immediately be transmitted to the Congress and published in the 
Federal Register.
    [(b) Any provisions of law conferring powers and 
authorities to be exercised during a national emergency shall 
be effective and remain in effect (1) only when the President 
(in accordance with subsection (a) of this section), 
specifically declares a national emergency, and (2) only in 
accordance with this chapter. No law enacted after September 
14, 1976, shall supersede this subchapter unless it does so in 
specific terms, referring to this subchapter, and declaring 
that the new law supersedes the provisions of this subchapter.

[SEC. 202. (50 U.S.C. 1621)

    [(a) Any national emergency declared by the President in 
accordance with this title shall terminate if--
          [(1) there is enacted into law a joint resolution 
        terminating the emergency; or
          [(2) the President issues a proclamation terminating 
        the emergency.
    [Any national emergency declared by the President shall be 
terminated on the date specified in any joint resolution 
referred to in clause (1) or on the date specified in a 
proclamation by the President terminating the emergency as 
provided in clause (2) of this subsection, whichever date is 
earlier, and any powers or authorities exercised by reason of 
said emergency shall cease to be exercised after such specified 
date, except that such termination shall not affect--
                  [(A) any action taken or proceeding pending 
                not finally concluded or determined on such 
                date;
                  [(B) any action or proceeding based on any 
                act committed prior to such date; or
                  [(C) any rights or duties that matured or 
                penalties that were incurred prior to such 
                date.
    [(b) Not later than six months after a national emergency 
is declared, and not later than the end of each six-month 
period thereafter that such emergency continues, each House of 
Congress shall meet to consider a vote on a joint resolution to 
determine whether that emergency shall be terminated.
    [(c)
          [(1) A joint resolution to terminate a national 
        emergency declared by the President shall be referred 
        to the appropriate committee of the House of 
        Representatives or the Senate, as the case may be. One 
        such joint resolution shall be reported out by such 
        committee together with its recommendations within 
        fifteen calendar days after the day on which such 
        resolution is referred to such committee, unless such 
        House shall otherwise determine by the yeas and nays.
          [(2) Any joint resolution so reported shall become 
        the pending business of the House in question (in the 
        case of the Senate the time for debate shall be equally 
        divided between the proponents and the opponents) and 
        shall be voted on within three calendar days after the 
        day on which such resolution is reported, unless such 
        House shall otherwise determine by yeas and nays.
          [(3) Such a joint resolution passed by one House 
        shall be referred to the appropriate committee of the 
        other House and shall be reported out by such committee 
        together with its recommendations within fifteen 
        calendar days after the day on which such resolution is 
        referred to such committee and shall thereupon become 
        the pending business of such House and shall be voted 
        upon within three calendar days after the day on which 
        such resolution is reported, unless such House shall 
        otherwise determine by yeas and nays.
          [(4) In the case of any disagreement between the two 
        Houses of Congress with respect to a joint resolution 
        passed by both Houses, conferees shall be promptly 
        appointed and the committee of conference shall make 
        and file a report with respect to such joint resolution 
        within six calendar days after the day on which 
        managers on the part of the Senate and the House have 
        been appointed. Notwithstanding any rule in either 
        House concerning the printing of conference reports or 
        concerning any delay in the consideration of such 
        reports, such report shall be acted on by both Houses 
        not later than six calendar days after the conference 
        report is filed in the House in which such report is 
        filed first. In the event the conferees are unable to 
        agree within forty-eight hours, they shall report back 
        to their respective Houses in disagreement.
          [(5) Paragraphs (1)-(4) of this subsection, 
        subsection (b) of this section, and section 1651(b) of 
        this Act are enacted by Congress--
                  [(A) as an exercise of the rulemaking power 
                of the Senate and the House of Representatives, 
                respectively, and as such they are 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 resolutions described by this 
                subsection; and they supersede other rules only 
                to the extent that they are inconsistent 
                therewith; and
                  [(B) 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.
    [(d) Any national emergency declared by the President in 
accordance with this subchapter, and not otherwise previously 
terminated, shall terminate on the anniversary of the 
declaration of that emergency if, within the ninety-day period 
prior to each anniversary date, the President does not publish 
in the Federal Register and transmit to the Congress a notice 
stating that such emergency is to continue in effect after such 
anniversary.]

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 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 proceed 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 or 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 received 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.

           *       *       *       *       *       *       *


Subchapter III--Exercise of Emergency Powers and Authorities

           *       *       *       *       *       *       *


[SEC. 1631. DECLARATION OF NATIONAL EMERGENCY BY EXECUTIVE ORDER; 
                    AUTHORITY; PUBLICATION IN FEDERAL REGISTER; 
                    TRANSMITTAL TO CONGRESS.

    [When the President declares a national emergency, no 
powers or authorities made available by statute for use in the 
event of an emergency shall be exercised unless and until the 
President specifies the provisions of law under which he 
proposes that he, or other officers will act. Such 
specification may be made either in the declaration of a 
national emergency, or by one or more contemporaneous or 
subsequent Executive orders published in the Federal Register 
and transmitted to the Congress.]

           *       *       *       *       *       *       *


[TITLE III--EXERCISE OF EMERGENCY POWERS AND AUTHORITIES]

           *       *       *       *       *       *       *


[SEC. 301.

    [When the President declares a national emergency, no 
powers or authorities made available by statute for use in the 
event of an emergency shall be exercised unless and until the 
President specifies the provisions of law under which he 
proposes that he, or other officers will act. Such 
specification may be made either in the declaration of a 
national emergency, or by one or more contemporaneous or 
subsequent Executive orders published in the Federal Register 
and transmitted to the Congress.]

           *       *       *       *       *       *       *


TITLE IV--ACCOUNTABILITY AND REPORTING REQUIREMENTS OF THE PRESIDENT

           *       *       *       *       *       *       *


SEC. 401.

    (a) * * *
    (b) * * *
    (c) * * *
    (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.

           *       *       *       *       *       *       *


INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT

           *       *       *       *       *       *       *


SEC. 203.

    (a) * * *
    (b) * * *
    (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.
    [(c)](d) * * *

           *       *       *       *       *       *       *


SEC. 207.

    (a) * * *
    (b) The authorities described in subsection (a)(1) may not 
continue to be exercised under this section if the national 
emergency is terminated by the Congress by [concurrent 
resolution] joint resolution pursuant to section 202 of the 
National Emergencies Act [50 U.S.C. 1622] and if the Congress 
specifies in such concurrent resolution that such authorities 
may not continue to be exercised under this section.
    (c) * * *
    (d) * * *
    (e) In this section, the term ``National Emergencies Act'' 
means the National Emergencies Act, as in effect on the day 
before the date of enactment of the Assuring that Robust, 
Thorough, and Informed Congressional Leadership is Exercised 
Over National Emergencies Act.

                                  [all]