S.Amdt. 4632

SA 4632. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle H--National Emergencies Act Reform

SEC. 1071. SHORT TITLE.

This subtitle 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. 1072. REQUIREMENTS RELATING TO DECLARATION AND RENEWAL
OF NATIONAL EMERGENCIES.

Section 201 of the National Emergencies Act (50 U.S.C.
1621) is amended to read as follows:

``SEC. 201. DECLARATIONS AND RENEWALS 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.--
``(1) In general.--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--
``(A) a proclamation declaring a national emergency under
subsection (a); or
``(B) one or more Executive orders relating to the
emergency published in the Federal Register and transmitted
to Congress.
``(2) Limitations.--The President may--
``(A) specify under paragraph (1) only provisions of law
that make available powers and authorities that relate to the
nature of the national emergency; and
``(B) exercise such powers and authorities only to address
the national emergency.
``(c) Temporary Effective Periods.--
``(1) In general.--A declaration of a national emergency
under subsection (a) may last for 30 days from the issuance
of the proclamation (not counting the day on which the
proclamation was issued) and shall terminate when that 30-day
period expires unless there is enacted into law a joint
resolution of approval under section 203 with respect to the
proclamation.
``(2) Exercise of powers and authorities.--Any power or
authority made available under a provision of law described
in subsection (a) and specified pursuant to subsection (b)
may be exercised for 30 days from the issuance of the
proclamation or Executive order (not counting the day on
which such proclamation or Executive order was issued). That
power or authority cannot be exercised once that 30-day
period expires, unless there is enacted into law a joint
resolution of approval under section 203 approving--
``(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.
``(d) 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 subsection (c), or with respect to a national
emergency proposed to be renewed under subsection (e), 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)(1)(B) 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.
``(e) Renewal of National Emergencies.--A national
emergency declared by the President under subsection (a) or
previously renewed under this subsection, and not already
terminated pursuant to subsection (c) or section 202(a),
shall terminate on a date that is not later than one year
after the President transmitted to Congress the proclamation
declaring the emergency under subsection (a) or Congress
approved a previous renewal pursuant to this subsection,
unless--
``(1) the President publishes in the Federal Register and
transmits to Congress an Executive order renewing the
emergency; 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.
``(f) 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. 1073. TERMINATION OF NATIONAL EMERGENCIES.

Section 202 of the National Emergencies Act (50 U.S.C.
1622) is amended to read as follows:

``SEC. 202. TERMINATION OF NATIONAL EMERGENCIES.

``(a) In General.--Any national emergency declared by the
President under section 201(a) shall terminate on the
earliest of--
``(1) the date provided for in section 201(c);
``(2) the date on which Congress, by statute, terminates
the emergency;
``(3) the date on which the President issues a proclamation
terminating the emergency; or
``(4) the date provided for in section 201(e).

[[Page S8156]]

``(b) 5-Year Limitation.--Under no circumstances may a
national emergency declared by the President under section
201(a) continue on or after the date that is 5 years after
the date on which the national emergency was first declared.
``(c) Effect of Termination.--
``(1) In general.--Effective on the date of the termination
of a national emergency under subsection (a) or (b)--
``(A) except as provided by paragraph (2), any powers or
authorities exercised by reason of the emergency shall cease
to be exercised;
``(B) any amounts reprogrammed or transferred under any
provision of law with respect to the emergency that remain
unobligated on that date shall be returned and made available
for the purpose for which such amounts were appropriated; and
``(C) any contracts entered into under any provision of law
relating to the emergency shall be terminated.
``(2) Savings provision.--The termination of a national
emergency shall not moot--
``(A) any legal action taken or pending legal proceeding
not finally concluded or determined on the date of the
termination under subsection (a) or (b); or
``(B) any legal action or legal proceeding based on any act
committed prior to that date.''.

SEC. 1074. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

Title II of the National Emergencies Act (50 U.S.C. 1621 et
seq.) is amended by adding at the end the following:

``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

``(a) Joint Resolutions of Approval and of Termination.--
``(1) Definitions.--In this section:
``(A) Joint resolution of approval.--The term `joint
resolution of approval' means a joint resolution that
contains only the following provisions after its resolving
clause:
``(i) A provision approving--

``(I) a proclamation of a national emergency made under
section 201(a);
``(II) an Executive order issued under section
201(b)(1)(B); or
``(III) an Executive order issued under section 201(e).

``(ii) 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) Joint resolution of termination.--The term `joint
resolution of termination' means a joint resolution
terminating--
``(i) a national emergency declared under section 201(a);
or
``(ii) the exercise of any powers or authorities pursuant
to that emergency.
``(2) Procedures for consideration of joint resolutions of
approval.--
``(A) Introduction.--After the President transmits to
Congress a proclamation declaring a national emergency under
section 201(a), or an Executive order renewing an emergency
under section 201(e) or specifying emergency powers or
authorities under section 201(b)(1)(B), a joint resolution of
approval or a joint resolution of termination may be
introduced in either House of Congress by any member of that
House.
``(B) Requests to convene congress during recesses.--If,
when the President transmits to Congress a proclamation
declaring a national emergency under section 201(a), or an
Executive order renewing an emergency under section 201(e) or
specifying emergency powers or authorities under section
201(b)(1)(B), Congress has adjourned sine die or has
adjourned for any period in excess of 3 calendar days, the
Speaker of the House of Representatives and the President pro
tempore of the Senate, if they deem it advisable (or if
petitioned by at least one-third of the membership of their
respective Houses) shall jointly request the President to
convene Congress in order that it may consider the
proclamation or Executive order and take appropriate action
pursuant to this section.
``(C) Committee referral.--A joint resolution of approval
or a joint resolution of termination shall be referred in
each House of Congress to the committee or committees having
jurisdiction over the emergency authorities invoked pursuant
to the national emergency that is the subject of the joint
resolution.
``(D) Consideration in senate.--In the Senate, the
following rules shall apply:
``(i) Reporting and discharge.--If the committee to which a
joint resolution of approval or a joint resolution of
termination 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.
``(ii) Proceeding to consideration.--Notwithstanding Rule
XXII of the Standing Rules of the Senate, when the committee
to which a joint resolution of approval or a joint resolution
of termination is referred has reported the resolution, or
when that committee is discharged under clause (i) from
further consideration of the resolution, it is at any time
thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to
the consideration of the joint resolution to be made, 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 or the joint resolution of
termination. 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.
``(iii) Floor consideration.--A joint resolution of
approval or a joint resolution of termination shall be
subject to 10 hours of debate, to be divided evenly between
the proponents and opponents of the resolution.
``(iv) Amendments.--

``(I) In general.--Except as provided in subclause (II), no
amendments shall be in order with respect to a joint
resolution of approval or a joint resolution of termination.
``(II) Amendments to strike or add specified provisions of
law.--Subclause (I) shall not apply with respect to any
amendment to a joint resolution of approval to strike from or
add to the list required by paragraph (1)(A)(ii) a provision
or provisions of law specified by the President under section
201(b) in the proclamation or Executive order.

``(v) Motion to reconsider final vote.--A motion to
reconsider a vote on final passage of a joint resolution of
approval or of a joint resolution of termination shall not be
in order.
``(vi) Appeals.--Points of order, including questions of
relevancy, and appeals from the decision of the Presiding
Officer, shall be decided without debate.
``(E) Consideration in house of representatives.--In the
House of Representatives, if any committee to which a joint
resolution of approval or a joint resolution of termination
has been referred has not reported it to the House at the end
of 10 calendar days after its introduction, such committee
shall be discharged from further consideration of the joint
resolution, and it shall be placed on the appropriate
calendar. On Thursdays it shall be in order at any time for
the Speaker to recognize a Member who favors passage of a
joint resolution that has appeared on the calendar for at
least 3 calendar days to call up that joint resolution for
immediate consideration in the House without intervention of
any point of order. When so called up a joint resolution
shall be considered as read and shall be debatable for 1 hour
equally divided and controlled by the proponent and an
opponent, and the previous question shall be considered as
ordered to its passage without intervening motion. It shall
not be in order to reconsider the vote on passage. If a vote
on final passage of the joint resolution has not been taken
on or before the close of the tenth calendar day after the
resolution is reported by the committee or committees to
which it was referred, or after such committee or committees
have been discharged from further consideration of the
resolution, such vote shall be taken on that day.
``(F) Receipt of resolution from other house.--If, before
passing a joint resolution of approval or a joint resolution
of termination, one House receives from the other House a
joint resolution of approval or a joint resolution of
termination--
``(i) the joint resolution of the other House shall not be
referred to a committee and shall be deemed to have been
discharged from committee on the day it is received; and
``(ii) the procedures set forth in subparagraph (D) or (E),
as applicable, shall apply in the receiving House to the
joint resolution received from the other House to the same
extent as such procedures apply to a joint resolution of the
receiving House.
``(G) Rule of construction.--The enactment of a joint
resolution of approval or of a joint resolution of
termination under this subsection shall not be interpreted to
serve as a grant or modification by Congress of statutory
authority for the emergency powers of the President.
``(b) Rules of the House and the Senate.--Subsection (a) 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 of
approval, and supersede 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. 1075. 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 Executive order renewing
an emergency under section 201(e) or specifying emergency
powers or authorities under section 201(b)(1)(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.
``(3) A summary of the actions the President or other
officers intend to take, including any reprogramming or
transfer of funds,

[[Page S8157]]

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 180 days
for the duration of the emergency, report to Congress on the
status of the emergency and the actions the President or
other officers have taken and authorities the President and
such officers have relied on in addressing the emergency.
``(g) Final Report on Activities During National
Emergency.--Not later than 90 days after the termination
under section 202 of a national emergency declared under
section 201(a), the President shall transmit to Congress a
final report describing--
``(1) the actions that the President or other officers took
to address the emergency; and
``(2) the powers and authorities the President and such
officers relied on to take such actions.
``(h) Public Disclosure.--Each report required by this
section shall be transmitted in unclassified form and be made
public at the same time the report is transmitted to
Congress, although a classified annex may be provided to
Congress, if necessary.''.

SEC. 1076. CONFORMING AMENDMENTS.

(a) National Emergencies Act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(b) International Emergency Economic Powers Act.--Section
207 of the International Emergency Economic Powers Act (50
U.S.C. 1706) is amended--
(1) in subsection (b), by striking ``if the national
emergency'' and all that follows through ``under this
section.'' and inserting the following: ``if--
``(1) the national emergency is terminated pursuant to
section 202(a)(2) of the National Emergencies Act; or
``(2) a joint resolution of approval is not enacted as
required by section 203 of that Act to approve--
``(A) the national emergency; or
``(B) the exercise of such authorities.''; and
(2) in subsection (c)(1), by striking ``paragraphs (A),
(B), and (C) of section 202(a)'' and inserting ``section
202(c)(2)''.

SEC. 1077. APPLICABILITY.

(a) In General.--Except as provided in subsection (b), this
subtitle and the amendments made by this subtitle shall take
effect on the date of the enactment of this Act.
(b) Application to National Emergencies Previously
Declared.--A national emergency declared under section 201 of
the National Emergencies Act before the date of the enactment
of this Act shall be unaffected by the amendments made by
this subtitle, except that such an emergency shall terminate
on the date that is not later than one year after such date
of enactment unless the emergency is renewed under subsection
(e) of such section 201, as amended by section 1072 of this
Act.
______