Sec. 302. Congressional review of national emergencies
3,282 words·~15 min read·
/bill/117/hr/5410/ih/section-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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: 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. 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 proclamation declaring a national emergency under subsection (a); or one or more Executive orders relating to the emergency transmitted to Congress and published in the Federal Register.
If a joint resolution of approval is not enacted under section 203 with respect to a national emergency before the expiration of the 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 substantially the same facts and circumstances. 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. No law enacted after the date of the enactment of this Act may supersede the provisions of this title unless it does so in specific terms, referring to this title, and declaring that such law supersedes the provisions of this title. Any emergency powers invoked by the President pursuant to a national emergency declared under this section shall relate to the nature of, and may be used only to address, that emergency. No authority available to the President during a national emergency declared under this section may be used to provide authorization or funding for any program, project, or activity for which Congress, on or after the date of the events giving rise to the emergency declaration, has withheld authorization or funding. A declaration of a national emergency under subsection
(a)shall be effective for 30 days beginning on the day after the date of the issuance of the proclamation 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. Subject to section 201(e), any emergency power or authority made available under a provision of law specified pursuant to section 201(b)(1) may be exercised pursuant to a declaration of a national emergency upon the issuance of the proclamation. That power or authority may not be exercised on or after the 30-day period described in paragraph
(1)unless there is enacted into law a joint resolution of approval under section 203 approving— the proclamation of the national emergency; and the exercise of the power or authority specified by the President in such proclamation. Subject to section 201(e), any emergency power or authority made available under an Executive order pursuant to section 201(b)(2) may be exercised pursuant to a declaration of a national emergency upon the issuance of the Executive order specifying the power or authority. That power or authority may not be exercised on or after the earlier of— the date of the termination of the proclamation declaring the emergency to which the Executive order relates; or the date that is 30 days after the date of the issuance of such Executive order, unless there is enacted into law a joint resolution of approval under section 203 approving the exercise of the power or authority specified by the President in such Executive order. A national emergency declared by the President under section 201(a) or previously renewed under this subsection that is not otherwise terminated pursuant to subsection
(a)or
(c)or section 204 shall terminate on the date that is one year after the date on which the President transmitted to Congress the proclamation declaring the emergency or the date on which Congress enacted into law a previous renewal pursuant to this subsection, unless— the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and 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. Any national emergency declared by the President under section 201(a) shall terminate on the earliest of— the date provided for in subsection (a); the date provided for in subsection (b); the date specified in a joint resolution of termination under section 203; the date specified in a proclamation of the President terminating the emergency; or the date specified in section 204. Effective on the date of the termination of a national emergency under paragraph (1)— any powers or authorities exercised by reason of the emergency shall cease to be exercised; 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 any contracts entered into under any provision of law relating to the emergency shall be terminated. In this section, the term joint resolution of approval means a joint resolution that contains only the following provisions after its resolving clause: A provision approving— a proclamation of a national emergency made under section 201(a); an Executive order issued under section 201(b)(2); or an Executive order issued under section 202(b). A provision approving a list of all or a portion of the provisions of law specified by the President under section 201(b) in the proclamation or Executive order that is the subject of the joint resolution. In this section, the term joint resolution of termination means a resolution introduced in the House or Senate to terminate— a national emergency declared under this Act; or the exercise of any authorities pursuant to that emergency. 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. In the Senate, a joint resolution of approval shall be referred to the appropriate committee. In the Senate, the following shall apply: 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 discharged from further consideration of the resolution and it shall be placed on the Calendar of Business. 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 to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against the motion to proceed to the consideration of the joint resolution) are waived. The motion to proceed shall be debatable for 4 hours evenly divided between a proponent and an opponent of 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. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a joint resolution of approval is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. There shall be 10 hours of consideration on a joint resolution of approval, to be divided evenly between the proponents and opponents of the joint resolution. There shall be a total of 2 hours of debate on any debatable motions in connection with the joint resolution, to be divided evenly between the proponents and opponents of the joint resolution. No amendments shall be in order with respect to a joint resolution of approval in the Senate. A motion to reconsider a vote on passage of a joint resolution of approval shall not be in order. Points of order and appeals from the decision of the Presiding Officer, shall be decided without debate. In the House of Representatives, the following shall apply: If any committee to which a joint resolution of approval has been referred has not reported it to the House within seven legislative days after the date of referral, such committee shall be discharged from further consideration of the joint resolution. 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, it shall be in order to move to proceed to consider the joint resolution of approval in the House. All points of order against the motion are waived, except as provided in clause
(ii)and clause (iii). 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. 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 joint resolution of approval. A motion to proceed to the consideration of a joint resolution of approval of an Executive order described in subsection (a)(1) or a list described in subsection (a)(2) shall not be in order prior to the enactment of a joint resolution of approval of the proclamation described in subsection (a)(1) that is the subject of such Executive order or list. Upon adoption of the motion to proceed in accordance with subparagraph (B)(i), the joint resolution of approval shall be considered as read. All points of order against the joint resolution of approval and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution of approval to final passage without intervening motion except two hours of debate equally divided and controlled by the sponsor of the joint resolution of approval (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution of approval shall not be in order. If, before the passage by one House of a joint resolution of approval of that House, that House receives from the other House a joint resolution of approval with regard to the same proclamation or Executive order, then the following procedures shall apply: The joint resolution of approval of the other House shall not be referred to a committee. With respect to a joint resolution of approval of the House receiving the joint resolution— the procedure in that House shall be the same as if no joint resolution of approval had been received from the other House; but the vote on passage shall be on the joint resolution of approval of the other House. Upon the failure of passage of the joint resolution of approval of the other House, the question shall immediately occur on passage of the joint resolution of approval of the receiving House. If one House fails to introduce a joint resolution of approval under this section, the joint resolution of approval of the other House shall be entitled to expedited floor procedures under this section. The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of approval which is a revenue measure. Debate on a veto message in the Senate under this section shall be 1 hour evenly divided between the majority and minority leaders or their designees. 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 to terminate may be introduced in either House of Congress by any member of that House. In the Senate, a joint resolution to terminate shall be referred to the appropriate committee. In the Senate, the following shall apply: If the committee to which a joint resolution to terminate has been referred has not reported it at the end of 10 calendar days after its introduction, that committee shall be discharged from further consideration of the resolution and it shall be placed on the Calendar of Business. Notwithstanding Rule XXII of the Standing Rules of the Senate, when the committee to which a joint resolution to terminate 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 to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against the motion to proceed to the consideration of the joint resolution) are waived. The motion to proceed shall be debatable for 4 hours evenly divided between a proponent and an opponent of 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. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a joint resolution of approval is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. There shall be 10 hours of consideration on a joint resolution to terminate, to be divided evenly between the proponents and opponents of the joint resolution. There shall be a total of 2 hours of debate on any debatable motions in connection with the joint resolution, to be divided evenly between the proponents and opponents of the joint resolution. No amendments shall be in order with respect to a joint resolution to terminate in the Senate. A motion to reconsider a vote on passage of a joint resolution to terminate shall not be in order. Points of order and appeals from the decision of the Presiding Officer, shall be decided without debate. In the House of Representatives, the following shall apply: If any committee to which a joint resolution to terminate has been referred has not reported it to the House within seven legislative days after the date of referral such committee shall be discharged from further consideration of the joint resolution. Beginning on the third legislative day after each committee to which a joint resolution to terminate has been referred reports it to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution to terminate in the House. All points of order against the motion are waived, except that such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution to terminate. 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. The joint resolution to terminate shall be considered as read. All points of order against the joint resolution to terminate and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to terminate to final passage without intervening motion except one hour of debate equally divided and controlled by the sponsor of the joint resolution to terminate (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution to terminate shall not be in order. If, before the passage by one House of a joint resolution to terminate of that House, that House receives from the other House a joint resolution to terminate with regard to the same proclamation or Executive order, then the following procedures shall apply: The joint resolution to terminate of the other House shall not be referred to a committee. With respect to a joint resolution to terminate of the House receiving the joint resolution— the procedure in that House shall be the same as if no joint resolution to terminate had been received from the other House; but the vote on passage shall be on the joint resolution to terminate of the other House. Upon the failure of passage of the joint resolution to terminate of the other House, the question shall immediately occur on passage of the joint resolution to terminate of the receiving House. If one House fails to introduce a joint resolution to terminate under this section, the joint resolution to terminate of the other House shall be entitled to expedited floor procedures under this section. The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of approval which is a revenue measure. Debate on a veto message in the Senate under this section shall be 1 hour evenly divided between the majority and minority leaders or their designees. The enactment of a joint resolution of approval or a joint resolution of termination under this section may not be interpreted to serve as a grant or modification by Congress of statutory authority for the emergency powers of the President. This section is enacted by Congress— 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 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. Any national emergency declared by the President under section 201(a), and not otherwise terminated, shall automatically terminate on the date that is 5 years after the date of its declaration. Any national emergency declaration that remains in force as of the date of the enactment of this section and— has been in effect for 3 years or fewer as of such date, shall automatically terminate on the date that is 5 years after the date of the enactment of this section; or has been in effect for more than 3 years as of such date, shall automatically terminate on the date that is 2 years after the date of the enactment of this section. If a national emergency declaration terminates pursuant to this section, no emergency may subsequently be declared based on substantially the same facts and circumstances. .
Connectionstraces to 1
Citation graph
cites case law
Sec. 302
Congressional review of national emergencies
Cites 1Cited by 0 across 0 sources