Sec. 311. Congressional review of national emergencies
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The National Emergencies Act ( 50 U.S.C. 1621 et seq. ) is amended by inserting after title I 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 published in the Federal Register and transmitted to Congress.
If a joint resolution of approval is not enacted under section 203 with respect to a national emergency before the expiration of the 45-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. 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 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. A declaration of a national emergency shall remain in effect for a period of 45 calendar 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 such period expires unless there is enacted into law a joint resolution of approval under section 203 with respect to the proclamation. 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 a period of 45 calendar 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 such period expires unless there is enacted into law a joint resolution of approval under section 203 approving— the proclamation of the national emergency or the Executive order; and the exercise of the power or authority specified by the President in such proclamation or Executive order. A national emergency declared by the President under section 201(a) or previously renewed under this subsection through the enactment of a joint resolution of approval, 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 the joint resolution of approval was enacted into law, 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 an Act of Congress terminating the emergency; or the date specified in a proclamation of the President terminating the emergency. Effective on the date of the termination of a national emergency under paragraph (1)— except as provided by subparagraph (B), 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 pursuant to authorities provided as a result of the emergency shall be terminated. The termination of a national emergency shall not affect— any legal action taken or pending legal proceeding not finally concluded or determined on the date of the termination under paragraph (1); any legal action or legal proceeding based on any act committed prior to that date; or any rights or duties that matured or penalties that were incurred prior to that date. In this section, the term joint resolution of approval means a joint resolution that contains, after its resolving clause, only— 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); and 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. After the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or transmits to Congress 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, the following shall apply: If each 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. Notwithstanding Rule XXII of the Standing Rules of the Senate, when each committee to which a joint resolution of approval is referred has reported the resolution, or is discharged under subparagraph
(A)from further consideration of the resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is subject to 4 hours of debate divided equally between those favoring and those opposing the joint resolution of approval. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. 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. No amendments shall be in order with respect to a joint resolution of approval. A motion to reconsider a vote on passage of a joint resolution of approval shall not be in order. Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate. In the House of Representatives, the following shall apply: If each committee to which a joint resolution of approval has been referred has not reported it to the House within 10 calendar days after the date of referral, such committee shall be discharged from further consideration of the joint resolution. Beginning on the third legislative day after each committee to which a joint resolution of approval has been referred reports it to the House or has been discharged from further consideration, and except as provided in clause (ii), it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. 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. 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 to final passage without intervening motion except two hours of debate, equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. No amendments shall be in order with respect to a joint resolution of approval. If, before passing a joint resolution of approval, one House receives a joint resolution of approval from the other House, then— 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 the procedures set forth in paragraphs
(2)and (3), 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. The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of approval that is a revenue measure. 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. 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. This title shall apply to a national emergency pursuant to which the President proposes to exercise emergency powers or authorities made available under any provision of law that is not a provision of law described in section 604(a). .
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Sec. 311
Congressional review of national emergencies
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