Stopping Executive Overreach on Military Appropriations Act

II 116TH CONGRESS 1ST SESSION S. 2705 To amend title 10, United States Code, to modify the requirements relating to the use of construction authority in the event of a declaration of war or national emergency, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 24, 2019 Mrs. MURRAY (for herself, Mr. DURBIN, Mr. SCHATZ, Mr. SCHUMER, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to modify the re- quirements relating to the use of construction authority in the event of a declaration of war or national emer- gency, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stopping Executive 4 Overreach on Military Appropriations Act’’. 5 VerDate Sep 11 2014 20:36 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2705.IS S2705 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2705 IS SEC. 2. REQUIREMENTS RELATING TO USE OF CONSTRUC- 1 TION AUTHORITY IN EVENT OF DECLARA- 2 TION OF WAR OR NATIONAL EMERGENCY. 3 Section 2808 of title 10, United States Code, is 4 amended— 5 (1) in subsection (b), by striking ‘‘appropriate 6 committees of Congress of the decision’’ and all that 7 follows through the period at the end and inserting 8 ‘‘appropriate committees of Congress of— 9 ‘‘(1) the decision; 10 ‘‘(2) each existing project affected by the deci- 11 sion; 12 ‘‘(3) the amount of money to be redirected from 13 each existing project affected by the decision; 14 ‘‘(4) a description of the projects authorized by 15 the decision; 16 ‘‘(5) a justification for how each project author- 17 ized by the decision directly and primarily contrib- 18 utes to supporting the armed forces directly engaged 19 in operations to address a war or national emer- 20 gency; and 21 ‘‘(6) the estimated cost of the projects author- 22 ized by the decision, including the cost of any real 23 estate action pertaining to those projects.’’; 24 (2) by redesignating subsection (c) as sub- 25 section (d); and 26 VerDate Sep 11 2014 20:36 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2705.IS S2705 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2705 IS (3) by inserting after subsection (b) the fol- 1 lowing new subsection (c): 2 ‘‘(c)(1) In the case of a decision to undertake a mili- 3 tary construction project authorized by this section pursu- 4 ant to a declaration of a national emergency, no funds 5 may be transferred, no existing project may be curtailed, 6 and no new project may be undertaken unless the Sec- 7 retary of Defense requests from Congress approval of the 8 military construction project and a joint resolution is en- 9 acted approving that project. 10 ‘‘(2) For the purpose of this subsection, the term 11 ‘joint resolution’ means only a joint resolution— 12 ‘‘(A) that does not have a preamble; 13 ‘‘(B) the title of which is as follows: ‘Joint reso- 14 lution relating to the approval of military construc- 15 tion projects in the event of a declaration of national 16 emergency.’; and 17 ‘‘(C) the matter after the resolving clause of 18 which is as follows: ‘That Congress approves the 19 military construction project requested on llll 20 pursuant to a declaration of a national emergency, 21 including any transfer of funds necessary to carry 22 out such project, as authorized under section 2808 23 of title 10, United States Code.’ with the blank 24 VerDate Sep 11 2014 22:55 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2705.IS S2705 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2705 IS space being filled with the date of the request under 1 paragraph (1). 2 ‘‘(3)(A) Upon receipt of a request under subsection 3 (c)(1) in the House of Representatives, the Speaker, if the 4 House would otherwise be adjourned, shall notify the 5 Members of the House that, pursuant to this subsection, 6 the House shall convene not later than the fifth calendar 7 day after receipt of such request. 8 ‘‘(B) Any committee of the House of Representatives 9 to which a joint resolution is referred shall report it to 10 the House not later than 15 calendar days after the date 11 of receipt of the request described in subsection (c)(1). If 12 a committee fails to report the joint resolution within that 13 period, the committee shall be discharged from further 14 consideration of the joint resolution and the joint resolu- 15 tion shall be referred to the appropriate calendar. 16 ‘‘(C) After each committee authorized to consider a 17 joint resolution reports it to the House or has been dis- 18 charged from its consideration, it shall be in order, not 19 later than the 16th day after Congress receives the request 20 described in subsection (c)(1), to move to proceed to con- 21 sider the joint resolution in the House. All points of order 22 against the motion are waived. Such a motion shall not 23 be in order after the House has disposed of a motion to 24 proceed on the joint resolution. The previous question 25 VerDate Sep 11 2014 22:55 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2705.IS S2705 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2705 IS shall be considered as ordered on the motion to its adop- 1 tion without intervening motion. The motion shall not be 2 debatable. A motion to reconsider the vote by which the 3 motion is disposed of shall not be in order. 4 ‘‘(D) The joint resolution shall be considered as read. 5 All points of order against the joint resolution and against 6 its consideration are waived. The previous question shall 7 be considered as ordered on the joint resolution to its pas- 8 sage without intervening motion except two hours of de- 9 bate equally divided and controlled by the proponent and 10 an opponent. A motion to reconsider the vote on passage 11 of the joint resolution shall not be in order. 12 ‘‘(4)(A) Upon receipt of a request under subsection 13 (c)(1) in the Senate, if the Senate has adjourned or re- 14 cessed for more than 2 days, the majority leader of the 15 Senate, after consultation with the minority leader of the 16 Senate, shall notify the Members of the Senate that, pur- 17 suant to this subsection, the Senate shall convene not later 18 than the fifth calendar day after receipt of such message. 19 ‘‘(B) Upon introduction in the Senate, a joint resolu- 20 tion shall be placed immediately on the calendar. 21 ‘‘(C)(i) Notwithstanding Rule XXII of the Standing 22 Rules of the Senate, it is in order at any time on or after 23 the seventh day after the date on which Congress receives 24 a request described in subsection (c)(1) (even though a 25 VerDate Sep 11 2014 20:36 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2705.IS S2705 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2705 IS previous motion to the same effect has been disagreed to) 1 to move to proceed to the consideration of the joint resolu- 2 tion, and all points of order against the joint resolution 3 (and against consideration of the joint resolution) are 4 waived. The motion to proceed is not debatable. The mo- 5 tion is not subject to a motion to postpone. A motion to 6 reconsider the vote by which the motion is agreed to or 7 disagreed to shall not be in order. If a motion to proceed 8 to the consideration of the resolution is agreed to, the joint 9 resolution shall remain the unfinished business until dis- 10 posed of. 11 ‘‘(ii) Debate on the joint resolution, and on all debat- 12 able motions and appeals in connection therewith, shall be 13 limited to not more than 20 hours, which shall be divided 14 equally between the majority and minority leaders or their 15 designees. A motion further to limit debate is in order and 16 not debatable. An amendment to, or a motion to postpone, 17 or a motion to proceed to the consideration of other busi- 18 ness, or a motion to recommit the joint resolution is not 19 in order. 20 ‘‘(iii) The vote on passage shall occur immediately fol- 21 lowing the conclusion of the debate on a joint resolution, 22 and a single quorum call at the conclusion of the debate 23 if requested in accordance with the rules of the Senate. 24 VerDate Sep 11 2014 20:36 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2705.IS S2705 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2705 IS ‘‘(iv) Appeals from the decisions of the Chair relating 1 to the application of the rules of the Senate, as the case 2 may be, to the procedure relating to a joint resolution shall 3 be decided without debate. 4 ‘‘(5)(A) If, before the passage by one House of a joint 5 resolution of that House, that House receives from the 6 other House a joint resolution, then the following proce- 7 dures shall apply: 8 ‘‘(i) The joint resolution of the other House 9 shall not be referred to a committee. 10 ‘‘(ii) With respect to a joint resolution of the 11 House receiving the resolution— 12 ‘‘(I) the procedure in that House shall be 13 the same as if no joint resolution had been re- 14 ceived from the other House; but 15 ‘‘(II) the vote on passage shall be on the 16 joint resolution of the other House. 17 ‘‘(B) If one House fails to introduce or consider a 18 joint resolution under this section, the joint resolution of 19 the other House shall be entitled to expedited floor proce- 20 dures under this section. 21 ‘‘(C) If, following passage of the joint resolution in 22 the Senate, the Senate then receives the companion meas- 23 ure from the House of Representatives, the companion 24 measure shall not be debatable. 25 VerDate Sep 11 2014 20:36 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2705.IS S2705 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2705 IS ‘‘(D) This subsection is enacted by Congress— 1 ‘‘(i) as an exercise of the rulemaking power of 2 the Senate and the House of Representatives, re- 3 spectively, and as such it is deemed a part of the 4 rules of each House, respectively, but applicable only 5 with respect to the procedure to be followed in that 6 House in the case of a joint resolution, and it super- 7 sedes other rules only to the extent that it is incon- 8 sistent with such rules; and 9 ‘‘(ii) with full recognition of the constitutional 10 right of either House to change the rules (so far as 11 relating to the procedure of that House) at any time, 12 in the same manner, and to the same extent as in 13 the case of any other rule of that House.’’. 14 SEC. 3. LIMITATION ON USE OF FUNDS OF THE DEPART- 15 MENT OF DEFENSE TO ADDRESS NATIONAL 16 EMERGENCY AT SOUTHERN BORDER. 17 (a) PROHIBITION.—Unless specifically authorized by 18 law after the date of the enactment of this Act, no funds 19 made available to the Secretary of Defense by any provi- 20 sion of law may be used to construct, upgrade, maintain, 21 or replace any wall, barrier, fence, or other obstacle along 22 the border between the United States and Mexico. 23 (b) RESTORATION OF FUNDS.—All funds transferred 24 pursuant to the memorandum of the Secretary of Defense 25 VerDate Sep 11 2014 20:36 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2705.IS S2705 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2705 IS dated September 3, 2019, entitled ‘‘Military Construction 1 Necessary to Support the Use of the Armed Forces in Ad- 2 dressing the National Emergency at the Southern Border’’ 3 and available for obligation as of the date of the enactment 4 of this Act, shall be restored to the military construction 5 accounts, and obligated for the original purposes, for 6 which appropriations of those funds were made. 7 SEC. 4. REVIEW OF CONTRACTS TO CONSTRUCT, UPGRADE, 8 MAINTAIN, OR REPLACE ANY WALL, BARRIER, 9 FENCE, OR OTHER OBSTACLE ALONG BOR- 10 DER BETWEEN UNITED STATES AND MEXICO. 11 (a) IN GENERAL.—The Director of the Office of Gov- 12 ernment Ethics shall review any contract entered into on 13 or after October 1, 2016, between the Federal Government 14 and a private entity to construct, upgrade, maintain, or 15 replace any wall, barrier, fence, or other obstacle along 16 the border between the United States and Mexico. 17 (b) ELEMENTS.—Any review of a contract conducted 18 under subsection (a) shall include a review of whether— 19 (1) any conflict of interest exists with respect to 20 the contract and— 21 (A) the President or the immediate family 22 of the President; 23 (B) the Vice President or the immediate 24 family of the Vice President; or 25 VerDate Sep 11 2014 20:36 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2705.IS S2705 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2705 IS (C) any employee of the Executive Office 1 of the President holding a title of Special As- 2 sistant to the President or higher; or 3 (2) any financial gain would accrue to any such 4 individual as a result of the contract. 5 (c) RECEIPT OF FULL AND COMPLETE INFORMA- 6 TION.—If the Director does not receive full and complete 7 information related to any request for documents or infor- 8 mation made in the course of reviewing a contract under 9 subsection (a), the Director shall notify Congress of the 10 issue. 11 (d) REPORTS.— 12 (1) IN GENERAL.—Not later than 180 days 13 after the date of the enactment of this Act, and not 14 less frequently than every 180 days thereafter, the 15 Director shall submit to Congress a report on the 16 findings of the Director with respect to the reviews 17 conducted under subsection (a) during the 180-day 18 period preceding the report. 19 (2) CONFLICTS OF INTEREST.—If, in a review 20 conducted under subsection (a) with respect to a 21 contract, the Director finds a conflict of interest ex- 22 ists under subsection (b)(1) or financial gain would 23 accrue under subsection (b)(2), the Director shall 24 VerDate Sep 11 2014 20:36 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2705.IS S2705 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2705 IS submit to Congress a report describing the conflict 1 of interest or financial accrual. 2 Æ VerDate Sep 11 2014 20:36 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S2705.IS S2705 pamtmann on DSKBC07HB2PROD with BILLS