ARTICLE ONE Act

II Calendar No. 307 116TH CONGRESS 1ST SESSION S. 764 [Report No. 116–159] To provide for congressional approval of national emergency declarations, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 12, 2019 Mr. LEE (for himself, Mr. GRASSLEY, Mr. TILLIS, Ms. ERNST, Mr. TOOMEY, Mr. JOHNSON, Mr. MORAN, Mr. ALEXANDER, Mr. SASSE, Mr. BLUNT, Mr. PORTMAN, Mr. YOUNG, Mr. ROMNEY, Mr. CRUZ, Mr. WICKER, Mr. CORNYN, Ms. MCSALLY, Mr. ISAKSON, and Ms. MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs NOVEMBER 18, 2019 Reported by Mr. JOHNSON, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] 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 VerDate Sep 11 2014 23:37 Nov 18, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S764.RS S764 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 764 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Assuring that Robust, 2 Thorough, and Informed Congressional Leadership is Ex- 3 ercised Over National Emergencies Act’’ or the ‘‘ARTI- 4 CLE ONE Act’’. 5 SEC. 2. REQUIREMENTS RELATING TO DECLARATION AND 6 RENEWAL OF NATIONAL EMERGENCIES. 7 Section 201 of the National Emergencies Act (50 8 U.S.C. 1621) is amended to read as follows: 9 ‘‘SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL 10 EMERGENCIES. 11 ‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER- 12 GENCIES.—With respect to Acts of Congress authorizing 13 the exercise, during the period of a national emergency, 14 of any special or extraordinary power, the President is au- 15 thorized to declare such a national emergency by procla- 16 mation. Such proclamation shall immediately be trans- 17 mitted to Congress and published in the Federal Register. 18 ‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE 19 EXERCISED.—No powers or authorities made available by 20 statute for use during the period of a national emergency 21 shall be exercised unless and until the President specifies 22 the provisions of law under which the President proposes 23 that the President, or other officers will act in— 24 ‘‘(1) a proclamation declaring a national emer- 25 gency under subsection (a); or 26 VerDate Sep 11 2014 23:37 Nov 18, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S764.RS S764 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 764 RS ‘‘(2) one or more Executive orders relating to 1 the emergency published in the Federal Register and 2 transmitted to Congress. 3 ‘‘(c) TEMPORARY EFFECTIVE PERIODS.— 4 ‘‘(1) IN GENERAL.—A declaration of a national 5 emergency under subsection (a), shall last for 30 6 days from the issuance of the proclamation (not 7 counting the day on which the proclamation was 8 issued) and shall terminate when that 30-day period 9 expires unless there is enacted into law a joint reso- 10 lution of approval under section 203 with respect to 11 the proclamation. 12 ‘‘(2) EXERCISE OF POWERS AND AUTHORI- 13 TIES.—Any power or authority made available under 14 a provision of law described in subsection (a) and 15 specified pursuant to subsection (b) may be exer- 16 cised for 30 days from the issuance of the proclama- 17 tion or Executive order (not counting the day on 18 which such proclamation or Executive order was 19 issued). That power or authority cannot be exercised 20 once that 30-day period expires, unless there is en- 21 acted into law a joint resolution of approval under 22 section 203 approving— 23 ‘‘(A) the proclamation of the national 24 emergency or the Executive order; and 25 VerDate Sep 11 2014 23:37 Nov 18, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S764.RS S764 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 764 RS ‘‘(B) the exercise of the power or authority 1 specified by the President in such proclamation 2 or Executive order. 3 ‘‘(3) EXCEPTION IF CONGRESS IS UNABLE TO 4 CONVENE.—If Congress is physically unable to con- 5 vene as a result of an armed attack upon the United 6 States or another national emergency, the 30-day 7 periods described in paragraphs (1) and (2) shall 8 begin on the first day Congress convenes for the 9 first time after the attack or other emergency. 10 ‘‘(d) RENEWAL OF NATIONAL EMERGENCIES.—A na- 11 tional emergency declared by the President under sub- 12 section (a) or previously renewed under this subsection, 13 and not already terminated pursuant to subsection (c) or 14 section 202(a), shall terminate on the date that is one year 15 after the President transmitted to Congress the proclama- 16 tion declaring the emergency under subsection (a) or Con- 17 gress approved a previous renewal pursuant to this sub- 18 section, unless— 19 ‘‘(1) the President publishes in the Federal 20 Register and transmits to Congress an Executive 21 order renewing the emergency; and 22 ‘‘(2) there is enacted into law a joint resolution 23 of approval renewing the emergency pursuant to sec- 24 VerDate Sep 11 2014 23:37 Nov 18, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S764.RS S764 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 764 RS tion 203 before the termination of the emergency or 1 previous renewal of the emergency. 2 ‘‘(e) EFFECT OF FUTURE LAWS.—No law enacted 3 after the date of the enactment of this Act shall supersede 4 this title unless it does so in specific terms, referring to 5 this title, and declaring that the new law supersedes the 6 provisions of this title.’’. 7 SEC. 3. TERMINATION OF NATIONAL EMERGENCIES. 8 Section 202 of the National Emergencies Act (50 9 U.S.C. 1622) is amended to read as follows: 10 ‘‘SEC. 202. TERMINATION OF NATIONAL EMERGENCIES. 11 ‘‘(a) IN GENERAL.—Any national emergency declared 12 by the President under section 201(a) shall terminate on 13 the earliest of— 14 ‘‘(1) the date provided for in section 201(c); 15 ‘‘(2) the date on which Congress, by statute, 16 terminates the emergency; 17 ‘‘(3) the date on which the President issues a 18 proclamation terminating the emergency; or 19 ‘‘(4) the date provided for in section 201(d). 20 ‘‘(b) EFFECT OF TERMINATION.— 21 ‘‘(1) IN GENERAL.—Effective on the date of the 22 termination of a national emergency under sub- 23 section (a)— 24 VerDate Sep 11 2014 23:37 Nov 18, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S764.RS S764 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 764 RS ‘‘(A) except as provided by paragraph (2), 1 any powers or authorities exercised by reason of 2 the emergency shall cease to be exercised; 3 ‘‘(B) any amounts reprogrammed or trans- 4 ferred under any provision of law with respect 5 to the emergency that remain unobligated on 6 that date shall be returned and made available 7 for the purpose for which such amounts were 8 appropriated; and 9 ‘‘(C) any contracts entered into under any 10 provision of law for construction relating to the 11 emergency shall be terminated unless construc- 12 tion commenced under the contract before that 13 date. 14 ‘‘(2) SAVINGS PROVISION.—Except as specifi- 15 cally provided in subparagraph (B) or (C) of para- 16 graph (1), the termination of a national emergency 17 shall not affect— 18 ‘‘(A) any action taken or proceeding pend- 19 ing not finally concluded or determined on the 20 date of the termination under subsection (a); 21 ‘‘(B) any action or proceeding based on 22 any act committed prior to that date; or 23 VerDate Sep 11 2014 23:37 Nov 18, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S764.RS S764 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 764 RS ‘‘(C) any rights or duties that matured or 1 penalties that were incurred prior to that 2 date.’’. 3 SEC. 4. REVIEW BY CONGRESS OF NATIONAL EMER- 4 GENCIES. 5 Title II of the National Emergencies Act (50 U.S.C. 6 1621 et seq.) is amended by adding at the end the fol- 7 lowing: 8 ‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER- 9 GENCIES. 10 ‘‘(a) JOINT RESOLUTIONS OF APPROVAL.— 11 ‘‘(1) JOINT RESOLUTION OF APPROVAL DE- 12 FINED.—For purposes of this section, the term 13 ‘joint resolution of approval’ means a joint resolution 14 that contains only the following provisions after its 15 resolving clause— 16 ‘‘(A) a provision approving— 17 ‘‘(i) a proclamation of a national 18 emergency made under section 201(a); 19 ‘‘(ii) an Executive order issued under 20 section 201(b)(2); or 21 ‘‘(iii) an Executive order issued under 22 section 201(d); and 23 ‘‘(B) a provision approving a list of all or 24 a portion of the provisions of law specified by 25 VerDate Sep 11 2014 23:37 Nov 18, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S764.RS S764 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 764 RS the President under section 201(b) in the proc- 1 lamation or Executive order that is the subject 2 of the joint resolution. 3 ‘‘(2) PROCEDURES FOR CONSIDERATION OF 4 JOINT RESOLUTIONS OF APPROVAL.— 5 ‘‘(A) INTRODUCTION.—After the President 6 transmits to Congress a proclamation declaring 7 a national emergency under section 201(a), or 8 an Executive order renewing an emergency 9 under section 201(d) or specifying emergency 10 powers or authorities under section 201(b)(2), a 11 joint resolution of approval may be introduced 12 in either House of Congress by any member of 13 that House. 14 ‘‘(B) REQUESTS TO CONVENE CONGRESS 15 DURING RECESSES.—If, when the President 16 transmits to Congress a proclamation declaring 17 a national emergency under section 201(a), or 18 an Executive order renewing an emergency 19 under section 201(d) or specifying emergency 20 powers or authorities under section 201(b)(2), 21 Congress has adjourned sine die or has ad- 22 journed for any period in excess of 3 calendar 23 days, the Speaker of the House of Representa- 24 tives and the President pro tempore of the Sen- 25 VerDate Sep 11 2014 23:37 Nov 18, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S764.RS S764 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 764 RS ate, if they deem it advisable (or if petitioned 1 by at least one-third of the membership of their 2 respective Houses) shall jointly request the 3 President to convene Congress in order that it 4 may consider the proclamation or Executive 5 order and take appropriate action pursuant to 6 this section. 7 ‘‘(C) COMMITTEE REFERRAL.—A joint res- 8 olution of approval shall be referred in each 9 House of Congress to the committee or commit- 10 tees having jurisdiction over the emergency au- 11 thorities invoked by the proclamation or Execu- 12 tive order that is the subject of the joint resolu- 13 tion. 14 ‘‘(D) CONSIDERATION IN SENATE.—In the 15 Senate, the following shall apply: 16 ‘‘(i) REPORTING AND DISCHARGE.—If 17 the committee to which a joint resolution 18 of approval has been referred has not re- 19 ported it at the end of 10 calendar days 20 after its introduction, that committee shall 21 be automatically discharged from further 22 consideration of the resolution and it shall 23 be placed on the calendar. 24 VerDate Sep 11 2014 23:37 Nov 18, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S764.RS S764 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 764 RS ‘‘(ii) PROCEEDING TO CONSIDER- 1 ATION.—Notwithstanding Rule XXII of 2 the Standing Rules of the Senate, when 3 the committee to which a joint resolution 4 of approval is referred has reported the 5 resolution, or when that committee is dis- 6 charged under clause (i) from further con- 7 sideration of the resolution, it is at any 8 time thereafter in order (even though a 9 previous motion to the same effect has 10 been disagreed to) for a motion to proceed 11 to the consideration of the joint resolution, 12 and all points of order against the joint 13 resolution (and against consideration of 14 the joint resolution) are waived. The mo- 15 tion to proceed is subject to 4 hours of de- 16 bate divided equally between those favoring 17 and those opposing the joint resolution of 18 approval. The motion is not subject to 19 amendment, or to a motion to postpone, or 20 to a motion to proceed to the consideration 21 of other business. 22 ‘‘(iii) FLOOR CONSIDERATION.—A 23 joint resolution of approval shall be subject 24 to 10 hours of debate, to be divided evenly 25 VerDate Sep 11 2014 23:37 Nov 18, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S764.RS S764 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 764 RS between the proponents and opponents of 1 the resolution. 2 ‘‘(iv) AMENDMENTS.— 3 ‘‘(I) IN GENERAL.—Except as 4 provided in subclause (II), no amend- 5 ments shall be in order with respect to 6 a joint resolution of approval. 7 ‘‘(II) AMENDMENTS TO STRIKE 8 OR ADD SPECIFIED PROVISIONS OF 9 LAW.—Subclause (I) shall not apply 10 with respect to any amendment to 11 strike or add from the list required by 12 paragraph (1)(B) a provision or provi- 13 sions of law specified by the President 14 under section 201(b) in the proclama- 15 tion or Executive order. 16 ‘‘(v) MOTION TO RECONSIDER FINAL 17 VOTE.—A motion to reconsider a vote on 18 final passage of a joint resolution of ap- 19 proval shall not be in order. 20 ‘‘(vi) APPEALS.—Points of order, in- 21 cluding questions of relevancy, and appeals 22 from the decision of the Presiding Officer, 23 shall be decided without debate. 24 VerDate Sep 11 2014 23:37 Nov 18, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S764.RS S764 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 764 RS ‘‘(E) CONSIDERATION IN HOUSE OF REP- 1 RESENTATIVES.—In the House of Representa- 2 tives, if any committee to which a joint resolu- 3 tion of approval has been referred has not re- 4 ported it to the House at the end of 10 cal- 5 endar days after its introduction, such com- 6 mittee shall be discharged from further consid- 7 eration of the joint resolution, and it shall be 8 placed on the appropriate calendar. On Thurs- 9 days it shall be in order at any time for the 10 Speaker to recognize a Member who favors pas- 11 sage of a joint resolution that has appeared on 12 the calendar for at least 3 calendar days to call 13 up that joint resolution for immediate consider- 14 ation in the House without intervention of any 15 point of order. When so called up a joint resolu- 16 tion shall be considered as read and shall be de- 17 batable for 1 hour equally divided and con- 18 trolled by the proponent and an opponent, and 19 the previous question shall be considered as or- 20 dered to its passage without intervening motion. 21 It shall not be in order to reconsider the vote 22 on passage. If a vote on final passage of the 23 joint resolution [Text truncated for display. Full text available on Congress.gov.]