ARTICLE ONE Act

II 117TH CONGRESS 1ST SESSION S. 241 To provide for congressional approval of national emergency declarations, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 4, 2021 Mr. LEE (for himself, Mr. PORTMAN, Mr. TOOMEY, Mr. JOHNSON, Mr. SASSE, Mr. CRUZ, Mr. TILLIS, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Homeland Secu- rity and Governmental Affairs A BILL To provide for congressional approval of national emergency declarations, 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 ‘‘Assuring that Robust, 4 Thorough, and Informed Congressional Leadership is Ex- 5 ercised Over National Emergencies Act’’ or the ‘‘ARTI- 6 CLE ONE Act’’. 7 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S241.IS S241 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 241 IS SEC. 2. REQUIREMENTS RELATING TO DECLARATION AND 1 RENEWAL OF NATIONAL EMERGENCIES. 2 Section 201 of the National Emergencies Act (50 3 U.S.C. 1621) is amended to read as follows: 4 ‘‘SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL 5 EMERGENCIES. 6 ‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER- 7 GENCIES.—With respect to Acts of Congress authorizing 8 the exercise, during the period of a national emergency, 9 of any special or extraordinary power, the President is au- 10 thorized to declare such a national emergency by procla- 11 mation. Such proclamation shall immediately be trans- 12 mitted to Congress and published in the Federal Register. 13 ‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE 14 EXERCISED.—No powers or authorities made available by 15 statute for use during the period of a national emergency 16 shall be exercised unless and until the President specifies 17 the provisions of law under which the President proposes 18 that the President or other officers will act in— 19 ‘‘(1) a proclamation declaring a national emer- 20 gency under subsection (a); or 21 ‘‘(2) one or more Executive orders relating to 22 the emergency published in the Federal Register and 23 transmitted to Congress. 24 ‘‘(c) TEMPORARY EFFECTIVE PERIODS.— 25 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S241.IS S241 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 241 IS ‘‘(1) IN GENERAL.—A declaration of a national 1 emergency under subsection (a) shall last for 30 2 days from the issuance of the proclamation (not 3 counting the day on which the proclamation was 4 issued) and shall terminate when that 30-day period 5 expires unless there is enacted into law a joint reso- 6 lution of approval under section 203 with respect to 7 the proclamation. 8 ‘‘(2) EXERCISE OF POWERS AND AUTHORI- 9 TIES.—Any power or authority made available under 10 a provision of law described in subsection (a) and 11 specified pursuant to subsection (b) may be exer- 12 cised for 30 days from the issuance of the proclama- 13 tion or Executive order (not counting the day on 14 which such proclamation or Executive order was 15 issued). That power or authority cannot be exercised 16 once that 30-day period expires, unless there is en- 17 acted into law a joint resolution of approval under 18 section 203 approving— 19 ‘‘(A) the proclamation of the national 20 emergency or the Executive order; and 21 ‘‘(B) the exercise of the power or authority 22 specified by the President in such proclamation 23 or Executive order. 24 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S241.IS S241 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 241 IS ‘‘(3) EXCEPTION IF CONGRESS IS UNABLE TO 1 CONVENE.—If Congress is physically unable to con- 2 vene as a result of an armed attack upon the United 3 States or another national emergency, the 30-day 4 periods described in paragraphs (1) and (2) shall 5 begin on the first day Congress convenes for the 6 first time after the attack or other emergency. 7 ‘‘(d) RENEWAL OF NATIONAL EMERGENCIES.—A na- 8 tional emergency declared by the President under sub- 9 section (a) or previously renewed under this subsection, 10 and not already terminated pursuant to subsection (c) or 11 section 202(a), shall terminate on the date that is one year 12 after the President transmitted to Congress the proclama- 13 tion declaring the emergency under subsection (a) or Con- 14 gress approved a previous renewal pursuant to this sub- 15 section, unless— 16 ‘‘(1) the President publishes in the Federal 17 Register and transmits to Congress an Executive 18 order renewing the emergency; and 19 ‘‘(2) there is enacted into law a joint resolution 20 of approval renewing the emergency pursuant to sec- 21 tion 203 before the termination of the emergency or 22 previous renewal of the emergency. 23 ‘‘(e) EFFECT OF FUTURE LAWS.—No law enacted 24 after the date of the enactment of this Act shall supersede 25 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S241.IS S241 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 241 IS this title unless it does so in specific terms, referring to 1 this title, and declaring that the new law supersedes the 2 provisions of this title.’’. 3 SEC. 3. TERMINATION OF NATIONAL EMERGENCIES. 4 Section 202 of the National Emergencies Act (50 5 U.S.C. 1622) is amended to read as follows: 6 ‘‘SEC. 202. TERMINATION OF NATIONAL EMERGENCIES. 7 ‘‘(a) IN GENERAL.—Any national emergency declared 8 by the President under section 201(a) shall terminate on 9 the earliest of— 10 ‘‘(1) the date provided for in section 201(c); 11 ‘‘(2) the date on which Congress, by statute, 12 terminates the emergency; 13 ‘‘(3) the date on which the President issues a 14 proclamation terminating the emergency; or 15 ‘‘(4) the date provided for in section 201(d). 16 ‘‘(b) EFFECT OF TERMINATION.— 17 ‘‘(1) IN GENERAL.—Effective on the date of the 18 termination of a national emergency under sub- 19 section (a)— 20 ‘‘(A) except as provided by paragraph (2), 21 any powers or authorities exercised by reason of 22 the emergency shall cease to be exercised; 23 ‘‘(B) any amounts reprogrammed or trans- 24 ferred under any provision of law with respect 25 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S241.IS S241 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 241 IS to the emergency that remain unobligated on 1 that date shall be returned and made available 2 for the purpose for which such amounts were 3 appropriated; and 4 ‘‘(C) any contracts entered into under any 5 provision of law for construction relating to the 6 emergency shall be terminated unless construc- 7 tion commenced under the contract before that 8 date. 9 ‘‘(2) SAVINGS PROVISION.—Except as specifi- 10 cally provided in subparagraph (B) or (C) of para- 11 graph (1), the termination of a national emergency 12 shall not affect— 13 ‘‘(A) any action taken or proceeding pend- 14 ing not finally concluded or determined on the 15 date of the termination under subsection (a); 16 ‘‘(B) any action or proceeding based on 17 any act committed prior to that date; or 18 ‘‘(C) any rights or duties that matured or 19 penalties that were incurred prior to that 20 date.’’. 21 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S241.IS S241 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 241 IS SEC. 4. REVIEW BY CONGRESS OF NATIONAL EMER- 1 GENCIES. 2 Title II of the National Emergencies Act (50 U.S.C. 3 1621 et seq.) is amended by adding at the end the fol- 4 lowing: 5 ‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER- 6 GENCIES. 7 ‘‘(a) JOINT RESOLUTIONS OF APPROVAL.— 8 ‘‘(1) JOINT RESOLUTION OF APPROVAL DE- 9 FINED.—For purposes of this section, the term 10 ‘joint resolution of approval’ means a joint resolution 11 that contains only the following provisions after its 12 resolving clause: 13 ‘‘(A) A provision approving— 14 ‘‘(i) a proclamation of a national 15 emergency made under section 201(a); 16 ‘‘(ii) an Executive order issued under 17 section 201(b)(2); or 18 ‘‘(iii) an Executive order issued under 19 section 201(d). 20 ‘‘(B) A provision approving a list of all or 21 a portion of the provisions of law specified by 22 the President under section 201(b) in the proc- 23 lamation or Executive order that is the subject 24 of the joint resolution. 25 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S241.IS S241 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 241 IS ‘‘(2) PROCEDURES FOR CONSIDERATION OF 1 JOINT RESOLUTIONS OF APPROVAL.— 2 ‘‘(A) INTRODUCTION.—After the President 3 transmits to Congress a proclamation declaring 4 a national emergency under section 201(a), or 5 an Executive order renewing an emergency 6 under section 201(d) or specifying emergency 7 powers or authorities under section 201(b)(2), a 8 joint resolution of approval may be introduced 9 in either House of Congress by any member of 10 that House. 11 ‘‘(B) REQUESTS TO CONVENE CONGRESS 12 DURING RECESSES.—If, when the President 13 transmits to Congress a proclamation declaring 14 a national emergency under section 201(a), or 15 an Executive order renewing an emergency 16 under section 201(d) or specifying emergency 17 powers or authorities under section 201(b)(2), 18 Congress has adjourned sine die or has ad- 19 journed for any period in excess of 3 calendar 20 days, the Speaker of the House of Representa- 21 tives and the President pro tempore of the Sen- 22 ate, if they deem it advisable (or if petitioned 23 by at least one-third of the membership of their 24 respective Houses) shall jointly request the 25 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S241.IS S241 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 241 IS President to convene Congress in order that it 1 may consider the proclamation or Executive 2 order and take appropriate action pursuant to 3 this section. 4 ‘‘(C) COMMITTEE REFERRAL.—A joint res- 5 olution of approval shall be referred in each 6 House of Congress to the committee or commit- 7 tees having jurisdiction over the emergency au- 8 thorities invoked by the proclamation or Execu- 9 tive order that is the subject of the joint resolu- 10 tion. 11 ‘‘(D) CONSIDERATION IN SENATE.—In the 12 Senate, the following shall apply: 13 ‘‘(i) REPORTING AND DISCHARGE.—If 14 the committee to which a joint resolution 15 of approval has been referred has not re- 16 ported it at the end of 10 calendar days 17 after its introduction, that committee shall 18 be automatically discharged from further 19 consideration of the resolution and it shall 20 be placed on the calendar. 21 ‘‘(ii) PROCEEDING TO CONSIDER- 22 ATION.—Notwithstanding Rule XXII of 23 the Standing Rules of the Senate, when 24 the committee to which a joint resolution 25 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S241.IS S241 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 241 IS of approval is referred has reported the 1 resolution, or when that committee is dis- 2 charged under clause (i) from further con- 3 sideration of the resolution, it is at any 4 time thereafter in order (even though a 5 previous motion to the same effect has 6 been disagreed to) for a motion to proceed 7 to the consideration of the joint resolution 8 to be made, and all points of order against 9 the joint resolution (and against consider- 10 ation of the joint resolution) are waived. 11 The motion to proceed is subject to 4 12 hours of debate divided equally between 13 those favoring and those opposing the joint 14 resolution of approval. The motion is not 15 subject to amendment, or to a motion to 16 postpone, or to a motion to proceed to the 17 consideration of other business. 18 ‘‘(iii) FLOOR CONSIDERATION.—A 19 joint resolution of approval shall be subject 20 to 10 hours of debate, to be divided evenly 21 between the proponents and opponents of 22 the resolution. 23 ‘‘(iv) AMENDMENTS.— 24 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S241.IS S241 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 241 IS ‘‘(I) IN GENERAL.—Except as 1 provided in subclause (II), no amend- 2 ments shall be in order with respect to 3 a joint resolution of approval. 4 ‘‘(II) AMENDMENTS TO STRIKE 5 OR ADD SPECIFIED PROVISIONS OF 6 LAW.—Subclause (I) shall not apply 7 with respect to any amendment to 8 strike from or add to the list required 9 by paragraph (1)(B) a provision or 10 provisions of law specified by the 11 President under section 201(b) in the 12 proclamation or Executive order. 13 ‘‘(v) MOTION TO RECONSIDER FINAL 14 VOTE.—A motion to reconsider a vote on 15 final passage of a joint resolution of ap- 16 proval shall not be in order. 17 ‘‘(vi) APPEALS.—Points of order, in- 18 cluding questions of relevancy, and appeals 19 from the decision of the Presiding Officer, 20 shall be decided without debate. 21 ‘‘(E) CONSIDERATION IN HOUSE OF REP- 22 RESENTATIVES.—In the House of Representa- 23 tives, if any committee to which a joint resolu- 24 tion of approval has been referred has not re- 25 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S241.IS S241 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 241 IS ported it to the House at the end of 10 cal- 1 endar days after its introduction, such com- 2 mittee shall be discharged from further consid- 3 eration of the joint resolution, and it shall be 4 placed on the appropriate calendar. On Thurs- 5 days it shall be in order at any time for the 6 Speaker to recognize a Member who favors pas- 7 sage of a joint resolution that has appeared on 8 the calendar for at least 3 calendar days to call 9 up that joint resolution for immediate consider- 10 ation in the House without intervention of any 11 point of order. When so called up a joint resolu- 12 tion shall be considered as read and shall be de- 13 batable for 1 hour equally divided and con- 14 trolled by the proponent and an opponent, and 15 the previous question shall be considered as or- 16 dered to its passage without intervening motion. 17 It shall not be in order to reconsider the vote 18 on passage. If a vote on final passage of the 19 joint resolution has not been taken on or before 20 the close of the tenth calendar day after the 21 resolution is reported by the committee or com- 22 mittees to which it was referred, or after such 23 committee or committees have been discharged 24 VerDate Sep 11 2014 21:11 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfm [Text truncated for display. Full text available on Congress.gov.]