,i #aaith ,,congress #ast ,session ,h4 ,r4 #cijh ,,in ,,the ,,house ,,of ,,representatives ,june #aa1 #bjbe,mr4 ,cohen introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,foreign ,affairs1 ,rules1 and the ,budget1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,national ,emergencies ,act to improve checks and balances1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,emergencies ,reform ,act of #bjbe4 #b4 ,improving checks and balances on the use of the ,national ,emergencies ,act 7a7 ,requirements relating to declaration and renewal of national emergencies ,title ,,ii of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afba et seq47 is amended by striking sections #bja and #bjb and inserting the following3 #bja4 ,declarations of national emergencies 7a7 ,authority ,to declare national emergencies ,with respect to ,acts of ,congress authorizing the exercise1 during the period of a national emergency1 of any special or extraordinary power1 the ,president is authorized to declare such a national emergency by proclamation4 ,such proclamation shall immediately be transmitted to ,congress and published in the ,federal ,register4 7b7 ,specification of provisions of law ,to be exercised and reporting ,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-- 7#a7 a proclamation declaring a national emergency under subsection 7a72 or 7#b7 one or more ,executive orders relating to the emergency published in the ,federal ,register and transmitted to ,congress4 7c7 ,prohibition on subsequent actions if emergencies not approved 7#a7 ,subsequent declarations ,if a joint resolution of approval is not enacted under section #bjc with respect to a national emergency before the expiration of the period described in section #bjb7;a71 or with respect to a national emergency proposed to be renewed under section #bjb7;b71 the ,president may not1 during the remainder of the term of office of that ,president1 declare a subsequent national emergency under subsection 7a7 with respect to substantially the same circumstances4 7#b7 ,exercise of authorities ,if a joint resolution of approval is not enacted under section #bjc with respect to a power or authority specified by the ,president under subsection 7b7 with respect to a national emergency1 the ,president may not1 during the remainder of the term of office of that ,president1 exercise that power or authority with respect to that emergency4 7d7 ,effect of future laws ,no law enacted after the date of the enactment of the ,congressional ,power of the ,purse ,act shall supersede this title unless it does so in specific terms1 referring to this title1 and declaring that the new law supersedes the provisions of this title4 7e7 ,limitations 7#a7 ,in general ,any emergency powers invoked by the ,president pursuant to a national emergency declared under this section shall relate to the nature of1 and may be used only to address1 that emergency4 7#b7 ,authorization or funding withheld ,no authority available to the ,president during a national emergency declared under this section may be used to provide authorization or funding for any program1 project1 or activity for which ,congress1 on or after the date of the events giving rise to the emergency declaration1 has withheld authorization or funding4 #bjb4 ,effective periods of national emergencies 7a7 ,temporary effective periods 7#a7 ,in general ,unless previously terminated pursuant to ,presidential order or ,act of ,congress1 a declaration of a national emergency shall remain in effect for #bj session days1 in the case of the ,senate1 and #bj legislative days1 in the case of the ,house1 from the issuance of the proclamation under section #bja7;a7 7not counting the day on which the proclamation was issued7 and shall terminate when that period expires unless there is enacted into law a joint resolution of approval under section #bjc with respect to the proclamation4 7#b7 ,exercise of powers and authorities ,unless the declaration of national emergency has been terminated pursuant to ,presidential order or ,act of ,congress1 any emergency power or authority made available under a provision of law specified pursuant to section #bja7;b7 may be exercised pursuant to a declaration of a national emergency for #bj session days1 in the case of the ,senate1 and #bj legislative days1 in the case of the ,house1 from the issuance of the proclamation or ,executive order 7not counting the day on which such proclamation or ,executive order was issued74 ,that power or authority may not be exercised after that period expires unless there is enacted into law a joint resolution of approval under section #bjc approving-- 7,a7 the proclamation of the national emergency or the ,executive order2 and 7,b7 the exercise of the power or authority specified by the ,president in such proclamation or ,executive order4 7b7 ,renewal of national emergencies ,a national emergency declared by the ,president under section #bja7;a7 or previously renewed under this subsection1 and not already terminated pursuant to subsection 7a7 or 7c71 shall terminate on the date that is one year after the ,president transmitted to ,congress the proclamation declaring the emergency or the enactment of a previous renewal pursuant to this subsection1 unless-- 7#a7 the ,president publishes in the ,federal ,register and transmits to ,congress an ,executive order renewing the emergency2 and 7#b7 there is enacted into law a joint resolution of approval renewing the emergency pursuant to section #bjc before the termination of the emergency or previous renewal of the emergency4 7c7 ,termination of national emergencies 7#a7 ,in general ,any national emergency declared by the ,president under section #bja7;a7 shall terminate on the earliest of-- 7,a7 the date provided for in subsection 7a72 7,b7 the date provided for in subsection 7b72 7,c7 the date specified in an ,act of ,congress1 including a joint resolution of termination defined in section #bjc1 terminating the emergency2 7,d7 the date specified in a proclamation of the ,president terminating the emergency2 or 7,e7 the date provided for in section #bjd4 7#b7 ,effect of termination ,effective on the date of the termination of a national emergency under paragraph 7#a7-- 7,a7 any powers or authorities exercised by reason of the emergency shall cease to be exercised2 7,b7 any amounts reprogrammed1 repurposed1 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 appropriated2 and 7,c7 any contracts entered into under any provision of law relating to the emergency shall be terminated4 #bjc4 ,review by ,congress of national emergencies 7a7 ,joint resolution of approval and joint resolutions of termination defined ,in this section1 the term joint resolution of approval or joint resolution of termination means a joint resolution that does not have a preamble and that contains only the following provisions after its resolving clause3 7#a7 ,a provision approving one or more-- 7,a7 proclamations of national emergency made under section #bja7;a72 7,b7 ,executive orders issued under section #bja7;b77#b72 or 7,c7 ,executive orders issued under section #bjb7;b74 7#b7 ,a provision approving a list of all or a portion of the provisions of law specified by the ,president under section #bja7;b7 in the proclamations or ,executive orders that are the subject of the joint resolution4 7b7 ,joint resolution of termination defined ,in this section1 the term joint resolution of termination means a resolution introduced in the ,house or ,senate to terminate-- 7#a7 a national emergency declared under this ,act2 or 7#b7 the exercise of any authorities pursuant to that emergency4 7c7 ,procedures for consideration of joint resolutions of approval and joint resolutions of termination 7#a7 ,introduction ,after the ,president transmits to ,congress a proclamation declaring a national emergency under section #bja7;a71 or an ,executive order specifying emergency powers or authorities under section #bja7;b77#b7 or renewing a national emergency under section #bjb7;b71 a joint resolution of approval or joint resolution of termination may be introduced in either ,house of ,congress by any member of that ,house4 7#b7 ,consideration in senate ,in the ,senate1 the following shall apply3 7,a7 ,committee referral ,a joint resolution of approval or joint resolution of termination shall be referred to the appropriate committee or committees4 7,b7 ,reporting and discharge ,if the committee to which a joint resolution of approval or joint resolution of termination has been referred has not reported it at the end of #aj calendar days after its introduction1 that committee shall be discharged from further consideration of the resolution and it shall be placed on the calendar4 7,c7 ,proceeding to consideration ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 when a committee to which a joint resolution of approval or joint resolution of termination is referred has reported the resolution1 or when that committee is discharged under subparagraph 7,b7 from further consideration of the resolution1 it is at any time thereafter in order to move to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against the motion to proceed to the consideration of the joint resolution7 are waived4 ,the motion to proceed shall be debatable for #d hours evenly divided between proponents and opponents of the joint resolution of approval or joint resolution of termination4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of a joint resolution of approval or joint resolution of termination is agreed to1 the joint resolution shall remain the unfinished business of the ,senate until disposed of4 7,d7 ,floor consideration ,there shall be #aj hours of consideration on a joint resolution of approval or joint resolution of termination1 to be divided evenly between the proponents and opponents of the joint resolution4 ,of that #aj hours1 there shall be a total of #b hours of debate on any debatable motions in connection with the joint resolution1 to be divided evenly between the proponents and opponents of the joint resolution4 7,e7 ,amendments ,no amendments shall be in order with respect to a joint resolution of approval or joint resolution of termination in the ,senate4 7,f7 ,motion to reconsider vote on passage ,a motion to reconsider a vote on passage of a joint resolution of approval or joint resolution of termination shall not be in order4 7,g7 ,appeals ,points of order and appeals from the decision of the ,presiding ,officer shall be decided without debate4 7#c7 ,consideration in house of representatives ,in the ,house of ,representatives1 the following shall apply3 7,a7 ,reporting and discharge ,if any committee to which a joint resolution of approval or joint resolution of termination 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 resolution4 7,b7 7,i7 ,proceeding to consideration ,beginning on the third legislative day after each committee to which a joint resolution of approval or joint resolution of termination has been referred reports it to the ,house or has been discharged from further consideration thereof1 it shall be in order to move to proceed to consider the joint resolution of approval or joint resolution of termination in the ,house4 ,all points of order against the motion are waived4 ,such a motion shall not be in order after the ,house has disposed of another motion to proceed on the joint resolution of approval or joint resolution of termination4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion shall not be debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7,,ii7 ,motion ,a motion to proceed to the consideration of a joint resolution of approval of an ,executive order described in subsection 7a77#a7 or a list described in subsection 7a77#b7 shall not be in order prior to the enactment of a joint resolution of approval of the proclamation described in subsection 7a77#a7 that is the subject of such ,executive order or list4 7,c7 ,consideration ,the joint resolution of approval or joint resolution of termination shall be considered as read4 ,all points of order against the joint resolution of approval or joint resolution of termination and against its consideration are waived4 ,the previous question shall be considered as ordered on the joint resolution of approval or joint resolution of termination 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 joint resolution of termination 7or a designee7 and an opponent4 ,a motion to reconsider the vote on passage of the joint resolution of approval or joint resolution of termination shall not be in order4 7#d7 ,coordination with action by other house 7,a7 ,in general ,if1 before the passage by one ,house of a joint resolution of approval or joint resolution of termination of that ,house1 that ,house receives from the other ,house a joint resolution of approval or joint resolution of termination with regard to the same proclamation or ,executive order1 then the following procedures shall apply3 7i7 ,the joint resolution of approval or joint resolution of termination of the other ,house shall not be referred to a committee4 7ii7 ,with respect to a joint resolution of approval or joint resolution of termination of the ,house receiving the joint resolution-- 7,i7 the procedure in that ,house shall be the same as if no joint resolution of approval or joint resolution of termination had been received from the other ,house2 but 7,,ii7 the vote on passage shall be on the joint resolution of approval or joint resolution of termination of the other ,house4 7iii7 ,upon the failure of passage of the joint resolution of approval or joint resolution of termination of the other ,house1 the question shall immediately occur on passage of the joint resolution of approval or joint resolution of termination of the receiving ,house4 7,b7 ,treatment of legislation of other house ,if one ,house fails to introduce a joint resolution of approval or joint resolution of termination under this section1 the joint resolution of approval or joint resolution of termination of the other ,house shall be entitled to expedited floor procedures under this section4 7,c7 ,application to revenue measures ,the provisions of this paragraph shall not apply in the ,house of ,representatives to a joint resolution of approval or joint resolution of termination which is a revenue measure4 7#e7 ,treatment of veto message ,debate on a veto message in the ,senate under this section shall be #a hour evenly divided between the majority and minority leaders or their designees4 7d7 ,rule of construction ,the enactment of a joint resolution of approval or joint resolution of termination 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 ,president4 7e7 ,rules of the house and senate ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in the ,house in the case of joint resolutions described in this section1 and supersedes other rules only to the extent that it is inconsistent with such other rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 #bjd4 ,bar on permanent emergencies 7a7 ,in general ,any national emergency declared by the ,president under section #bja7;a71 and not otherwise terminated1 shall automatically terminate on the date that is #e years after the date of its declaration4 7b7 ,emergencies already in effect ,any national emergency declaration that remains in force as of the date of the enactment of this section and-- 7#a7 has been in effect for #c years or fewer as of such date1 shall automatically terminate on the date that is #e years after the date of the enactment of this section2 or 7#b7 has been in effect for more than #c years as of such date1 shall automatically terminate on the date that is #b years after the date of the enactment of this section4 7c7 ,effect of termination ,if a national emergency declaration terminates pursuant to this section1 no emergency may subsequently be declared based on substantially the same circumstances4 #bje4 ,exclusion of certain national emergencies invoking ,international ,emergency ,economic ,powers ,act 7a7 ,in general ,in the case of a national emergency described in subsection 7b71 the provisions of the ,national ,emergencies ,act1 as in effect on the day before the date of the enactment of the ,congressional ,power of the ,purse ,act1 shall continue to apply on and after such date of enactment4 7b7 ,national emergency described 7#a7 ,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 7#ej ,u4,s4,c4 #agja et seq471 supplemented as necessary by a provision of law specified in paragraph 7#b74 7#b7 ,provisions of law specified ,the provisions of law specified in this paragraph are-- 7,a7 the ,united ,nations ,participation ,act of #aide 7#bb ,u4,s4,c4 #bhg et seq472 7,b7 section #bab7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;f772 or 7,c7 any provision of law that authorizes the implementation1 imposition1 or enforcement of economic sanctions with respect to a foreign country4 7c7 ,effect of additional powers and authorities ,subsection 7a7 shall not apply to a national emergency or the exercise of emergency powers and authorities pursuant to the national emergency if1 in addition to the exercise of emergency powers and authorities described in subsection 7b71 the ,president proposes to exercise1 pursuant to the national emergency1 any emergency powers and authorities under any other provision of law4 4 7b7 ,reporting requirements ,section #dja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afda7 is amended by adding at the end the following3 7d7 ,report on emergencies ,the ,president shall transmit to ,congress1 with any proclamation declaring a national emergency under section #bja7;a7 or any ,executive order specifying emergency powers or authorities under section #bja7;b77#b7 or renewing a national emergency under section #bjb7;b71 a report1 in writing1 that includes the following3 7#a7 ,a description of the circumstances necessitating the declaration of a national emergency1 the renewal of such an emergency1 or the use of a new emergency authority specified in the ,executive order1 as the case may be4 7#b7 ,the estimated duration of the national emergency1 or a statement that the duration of the national emergency cannot reasonably be estimated at the time of transmission of the report4 7#c7 ,a summary of the actions the ,president or other officers intend to take1 including any reprogramming or transfer of funds and any contracts anticipated to be entered into1 and the statutory authorities the ,president and such officers expect to rely on in addressing the national emergency4 7#d7 ,in the case of a renewal of a national emergency1 a summary of the actions the ,president or other officers have taken in the preceding one-year period1 including any reprogramming or transfer of funds1 to address the emergency4 7e7 ,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 ,,ii4 7f7 ,periodic reports on status of emergencies ,if the ,president declares a national emergency under section #bja7;a71 the ,president shall1 not less frequently than every #c months for the duration of the emergency1 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 emergency4 4 7c7 ,conforming amendments 7#a7 ,national emergencies act ,title ,,iii of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afca7 is repealed4 7#b7 ,international ,emergency ,economic ,powers ,act ,section #bjg of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjf7 is amended by adding at the end the following3 7e7 ,in this section1 the term ,national ,emergencies ,act means the ,national ,emergencies ,act1 as in effect on the day before the date of the enactment of the ,congressional ,power of the ,purse ,act4 4 7d7 ,effective date2 applicability 7#a7 ,in general ,except as provided in paragraph 7#b71 this section and the amendments made by this section shall take effect upon enactment and apply with respect to national emergencies declared under section #bja of the ,national ,emergencies ,act on or after that date4 7#b7 ,applicability to renewals of existing emergencies ,when a national emergency declared under section #bja of the ,national ,emergencies ,act before the date of the enactment of the ,congressional ,power of the ,purse ,act would expire or be renewed under section #bjb7;d7 of that ,act 7as in effect on the day before such date of enactment71 that national emergency shall be subject to the requirements for renewal under section #bjb7;b7 of that ,act1 as amended by subsection 7a74 #c4 ,national ,emergencies ,act declaration spending reporting in the ,president's budget ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7#ci7 7,a7 a report on the proposed1 planned1 and actual obligations and expenditures of funds 7for the prior fiscal year1 the current fiscal year1 and the fiscal years for which the budget is submitted7 attributable to the exercise of powers and authorities made available by statute for each national emergency declared by the ,president1 currently active or in effect during the applicable fiscal years4 7,b7 ,obligations and expenditures contained in the report under subparagraph 7,a7 shall be organized by ,treasury ,appropriation ,fund ,symbol or fund account and by program1 project1 and activity1 and include-- 7,i7 a description of each such program1 project1 and activity2 7ii7 the authorities under which such funding actions are taken2 and 7iii7 the purpose and progress of such obligations and expenditures toward addressing the applicable national emergency4 7,c7 ,such report shall include1 with respect to any transfer1 reprogramming1 or repurposing of funds to address the applicable national emergency-- 7,i7 the amount of such transfer1 reprogramming1 or repurposing2 7ii7 the authority authorizing each such transfer1 reprogramming1 or repurposing2 and 7iii7 a description of programs1 projects1 and activities affected by such transfer1 reprogramming1 or repurposing1 including by a reduction in funding4 4 #d4 ,disclosure to ,congress of presidential emergency action documents 7a7 ,in general ,not later than #cj days after the conclusion of the process for approval1 adoption1 or revision of any presidential emergency action document1 the ,president shall submit that document to the appropriate congressional committees4 7b7 ,documents in existence before date of enactment ,not later than #ae days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees all presidential emergency action documents in existence before such date of enactment4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees1 with respect to a presidential emergency action document submitted under subsection 7a7 or 7b71 means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 and the ,select ,committee on ,intelligence of the ,senate2 7,b7 the ,committee on ,oversight and ,reform1 the ,committee on the ,judiciary1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7,c7 any other committee of the ,senate or the ,house of ,representatives with jurisdiction over the subject matter addressed in the presidential emergency action document4 7#b7 ,presidential emergency action document ,the term presidential emergency action document refers to-- 7,a7 each of the approximately #ef documents described as presidential emergency action documents in the budget justification materials for the ,office of ,legal ,counsel of the ,department of ,justice submitted to ,congress in support of the budget of the ,president for fiscal year #bjbb2 and 7,b7 any other pre-coordinated legal document in existence before1 on1 or after the date of the enactment of this ,act1 that-- 7,i7 is designated as a presidential emergency action document2 or 7,,ii7 is designed to implement a presidential decision or transmit a presidential request when an emergency disrupts normal governmental or legislative processes4 #e4 ,congressional ,designations 7a7 ,repeal of ,overseas ,contingency ,operations_/,global ,war on ,terrorism ,designation ,section #bea7;b77#b77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77 is amended-- 7#a7 in the subparagraph heading1 by striking 2 overseas contingency operations_/global war on terrorism2 and 7#b7 by striking that-- and all that follows through the period at the end and inserting the following3 that the ,congress designates as emergency requirements in statute1 the adjustment shall be the total of such appropriations in discretionary accounts designated as emergency requirements44 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the later of ,october #a1 #bjbe1 or the date of enactment of this ,act4