ARTICLE ONE Act

IB Union Calendar No. 764 118TH CONGRESS 2D SESSION H. R. 3988 [Report No. 118–934, Part I] To provide for congressional approval of national emergency declarations. IN THE HOUSE OF REPRESENTATIVES JUNE 9, 2023 Mr. ROY (for himself, Mr. COHEN, Mr. GALLAGHER, Ms. TITUS, Mr. GOSAR, Ms. NORTON, Mr. PERRY, Mr. KILEY, Mr. OGLES, Mr. CLOUD, Mr. NOR- MAN, Mr. HIGGINS of Louisiana, Mr. BIGGS, Ms. HAGEMAN, Mr. BRECHEEN, and Ms. MACE) introduced the following bill; which was re- ferred to the Committee on Transportation and Infrastructure, and in ad- dition to the Committees on Foreign Affairs, and Rules, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned DECEMBER 19, 2024 Additional sponsors: Mr. GOOD of Virginia and Mr. MASSIE DECEMBER 19, 2024 Reported from the Committee on Transportation and Infrastructure with an amendment [Strike out all after the enacting clause and insert the part in italic] DECEMBER 19, 2024 Committees on Foreign Affairs and Rules discharged; committed to the Com- mittee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on June 9, 2023] VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 3988 RH A BILL To provide for congressional approval of national emergency declarations. VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 3988 RH 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 Exer- 5 cised Over National Emergencies Act’’ or the ‘‘ARTICLE 6 ONE Act’’. 7 SEC. 2. CONGRESSIONAL REVIEW OF NATIONAL EMER- 8 GENCIES. 9 The National Emergencies Act (50 U.S.C. 1621 et seq.) 10 is amended by inserting after title I the following: 11 ‘‘TITLE II—DECLARATIONS OF 12 FUTURE NATIONAL EMER- 13 GENCIES 14 ‘‘SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES. 15 ‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER- 16 GENCIES.—With respect to Acts of Congress authorizing the 17 exercise, during the period of a national emergency, of any 18 special or extraordinary power, the President is authorized 19 to declare such a national emergency by proclamation. Such 20 proclamation shall immediately be transmitted to Congress 21 and published in the Federal Register. 22 ‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE 23 EXERCISED.—No powers or authorities made available by 24 statute for use during the period of a national emergency 25 VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 3988 RH shall be exercised unless and until the President specifies 1 the provisions of law under which the President proposes 2 that the President or other officers will act in— 3 ‘‘(1) a proclamation declaring a national emer- 4 gency under subsection (a); or 5 ‘‘(2) one or more Executive orders relating to the 6 emergency published in the Federal Register and 7 transmitted to Congress. 8 ‘‘(c) PROHIBITION ON SUBSEQUENT ACTIONS IF 9 EMERGENCIES NOT APPROVED.— 10 ‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint 11 resolution of approval is not enacted under section 12 203 with respect to a national emergency before the 13 expiration of the 30-day period described in section 14 202(a), or with respect to a national emergency pro- 15 posed to be renewed under section 202(b), the Presi- 16 dent may not, during the remainder of the term of of- 17 fice of that President, declare a subsequent national 18 emergency under subsection (a) with respect to the 19 same circumstances. 20 ‘‘(2) EXERCISE OF AUTHORITIES.—If a joint res- 21 olution of approval is not enacted under section 203 22 with respect to a power or authority specified by the 23 President in a proclamation under subsection (a) or 24 an Executive order under subsection (b)(2) with re- 25 VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 3988 RH spect to a national emergency, the President may not, 1 during the remainder of the term of office of that 2 President, exercise that power or authority with re- 3 spect to that emergency. 4 ‘‘(d) EFFECT OF FUTURE LAWS.—No law enacted 5 after the date of the enactment of this Act shall supersede 6 this title unless it does so in specific terms, referring to this 7 title, and declaring that the new law supersedes the provi- 8 sions of this title. 9 ‘‘SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMER- 10 GENCIES. 11 ‘‘(a) TEMPORARY EFFECTIVE PERIODS.— 12 ‘‘(1) IN GENERAL.—A declaration of a national 13 emergency shall remain in effect for a period of 30 14 calendar days from the issuance of the proclamation 15 under section 201(a) (not counting the day on which 16 the proclamation was issued) and shall terminate 17 when such period expires unless there is enacted into 18 law a joint resolution of approval under section 203 19 with respect to the proclamation. 20 ‘‘(2) EXERCISE OF POWERS AND AUTHORITIES.— 21 Any emergency power or authority made available 22 under a provision of law specified pursuant to section 23 201(b) may be exercised pursuant to a declaration of 24 a national emergency for a period of 30 calendar 25 VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 3988 RH days from the issuance of the proclamation or Execu- 1 tive order (not counting the day on which such proc- 2 lamation or Executive order was issued). That power 3 or authority may not be exercised after such period 4 expires unless there is enacted into law a joint resolu- 5 tion of approval under section 203 approving— 6 ‘‘(A) the proclamation of the national emer- 7 gency or the Executive order; and 8 ‘‘(B) the exercise of the power or authority 9 specified by the President in such proclamation 10 or Executive order. 11 ‘‘(3) EXCEPTION IF CONGRESS IS UNABLE TO 12 CONVENE.—If Congress is physically unable to con- 13 vene as a result of an armed attack upon the United 14 States or another national emergency, the 30-day pe- 15 riods described in paragraphs (1) and (2) shall begin 16 on the first day Congress convenes for the first time 17 after the attack or other emergency. 18 ‘‘(b) RENEWAL OF NATIONAL EMERGENCIES.—A na- 19 tional emergency declared by the President under section 20 201(a) or previously renewed under this subsection, and not 21 already terminated pursuant to subsection (a) or (c), shall 22 terminate on the date that is one year after the President 23 transmitted to Congress the proclamation declaring the 24 VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •HR 3988 RH emergency or Congress approved a previous renewal pursu- 1 ant to this subsection, unless— 2 ‘‘(1) the President publishes in the Federal Reg- 3 ister and transmits to Congress an Executive order 4 renewing the emergency; and 5 ‘‘(2) there is enacted into law a joint resolution 6 of approval renewing the emergency pursuant to sec- 7 tion 203 before the termination of the emergency or 8 previous renewal of the emergency. 9 ‘‘(c) TERMINATION OF NATIONAL EMERGENCIES.— 10 ‘‘(1) IN GENERAL.—Any national emergency de- 11 clared by the President under section 201(a) shall ter- 12 minate on the earliest of— 13 ‘‘(A) the date provided for in subsection (a); 14 ‘‘(B) the date provided for in subsection (b); 15 ‘‘(C) the date specified in an Act of Con- 16 gress terminating the emergency; or 17 ‘‘(D) the date specified in a proclamation of 18 the President terminating the emergency. 19 ‘‘(2) EFFECT OF TERMINATION.— 20 ‘‘(A) IN GENERAL.—Effective on the date of 21 the termination of a national emergency under 22 paragraph (1)— 23 ‘‘(i) except as provided by subpara- 24 graph (B), any powers or authorities exer- 25 VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •HR 3988 RH cised by reason of the emergency shall cease 1 to be exercised; 2 ‘‘(ii) any amounts reprogrammed or 3 transferred under any provision of law with 4 respect to the emergency that remain unob- 5 ligated on that date shall be returned and 6 made available for the purpose for which 7 such amounts were appropriated; and 8 ‘‘(iii) any contracts entered into pur- 9 suant to authorities provided as a result of 10 the emergency shall be terminated. 11 ‘‘(B) SAVINGS PROVISION.—The termination 12 of a national emergency shall not affect— 13 ‘‘(i) any legal action taken or pending 14 legal proceeding not finally concluded or de- 15 termined on the date of the termination 16 under paragraph (1); 17 ‘‘(ii) any legal action or legal pro- 18 ceeding based on any act committed prior 19 to that date; or 20 ‘‘(iii) any rights or duties that ma- 21 tured or penalties that were incurred prior 22 to that date. 23 VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •HR 3988 RH ‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER- 1 GENCIES. 2 ‘‘(a) JOINT RESOLUTION OF APPROVAL DEFINED.—In 3 this section, the term ‘joint resolution of approval’ means 4 a joint resolution that contains only the following provi- 5 sions after its resolving clause: 6 ‘‘(1) A provision approving— 7 ‘‘(A) a proclamation of a national emer- 8 gency made under section 201(a); 9 ‘‘(B) an Executive order issued under sec- 10 tion 201(b)(2); or 11 ‘‘(C) an Executive order issued under sec- 12 tion 202(b). 13 ‘‘(2) A provision approving a list of all or a por- 14 tion of the provisions of law specified by the President 15 under section 201(b) in the proclamation or Executive 16 order that is the subject of the joint resolution. 17 ‘‘(b) PROCEDURES FOR CONSIDERATION OF JOINT 18 RESOLUTIONS OF APPROVAL.— 19 ‘‘(1) INTRODUCTION.—After the President trans- 20 mits to Congress a proclamation declaring a national 21 emergency under section 201(a), or an Executive 22 order specifying emergency powers or authorities 23 under section 201(b)(2) or renewing a national emer- 24 gency under section 202(b), a joint resolution of ap- 25 VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •HR 3988 RH proval may be introduced in either House of Congress 1 by any member of that House. 2 ‘‘(2) REQUESTS TO CONVENE CONGRESS DURING 3 RECESSES.—If, when the President transmits to Con- 4 gress a proclamation declaring a national emergency 5 under section 201(a), or an Executive order speci- 6 fying emergency powers or authorities under section 7 201(b)(2) or renewing a national emergency under 8 section 202(b), Congress has adjourned sine die or has 9 adjourned for any period in excess of 3 calendar days, 10 the majority leader of the Senate and the Speaker of 11 the House of Representatives, or their respective des- 12 ignees, acting jointly after consultation with and the 13 concurrence of the minority leader of the Senate and 14 the minority leader of the House, shall notify the 15 Members of the Senate and House, respectively, to re- 16 assemble at such place and time as they may des- 17 ignate if, in their opinion, the public interest shall 18 warrant it. 19 ‘‘(3) CONSIDERATION IN SENATE.—In the Sen- 20 ate, the following shall apply: 21 ‘‘(A) REPORTING AND DISCHARGE.—If the 22 committee to which a joint resolution of ap- 23 proval has been referred has not reported it at 24 the end of 10 calendar days after its introduc- 25 VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •HR 3988 RH tion, that committee shall be automatically dis- 1 charged from further consideration of the resolu- 2 tion and it shall be placed on the calendar. 3 ‘‘(B) PROCEEDING TO CONSIDERATION.— 4 Notwithstanding Rule XXII of the Standing 5 Rules of the Senate, when the committee to which 6 a joint resolution of approval is referred has re- 7 ported the resolution, or when that committee is 8 discharged under subparagraph (A) from further 9 consideration of the resolution, it is at any time 10 thereafter in order (even though a previous mo- 11 tion to the same effect has been disagreed to) for 12 a motion to proceed to the consideration of the 13 joint resolution, and all points of order against 14 the joint resolution (and against consideration of 15 the joint resolution) are waived. The motion to 16 proceed is subject to 4 hours of debate divided 17 equally between those favoring and those oppos- 18 ing the joint resolution of approval. The motion 19 is not subject to amendment, or to a motion to 20 postpone, or to a motion to proceed to the consid- 21 eration of other business. 22 ‘‘(C) FLOOR CONSIDERATION.—A joint reso- 23 lution of approval shall be subject to 10 hours of 24 VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •HR 3988 RH consideration, to be divided evenly between the 1 proponents and opponents of the resolution. 2 ‘‘(D) AMENDMENTS.— 3 ‘‘(i) IN GENERAL.—Except as provided 4 in clause (ii), no amendments shall be in 5 order with respect to a joint resolution of 6 approval. 7 ‘‘(ii) AMENDMENTS TO STRIKE OR ADD 8 SPECIFIED PROVISIONS OF LAW.—Clause (i) 9 shall not apply with respect to any amend- 10 ment— 11 ‘‘(I) to strike a provision or provi- 12 sions of law from the list required by 13 subsection (a)(2); or 14 ‘‘(II) to add to that list a provi- 15 sion or provisions of law specified by 16 the President under section 201(b) in 17 the proclamation or Executive order 18 that is the subject of the joint resolu- 19 tion of approval. 20 ‘‘(E) MOTION TO RECONSIDER FINAL 21 VOTE.—A motion to reconsider a vote on passage 22 of a joint resolution of approval shall not be in 23 order. 24 VerDate Sep 11 2014 06:39 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H3988.RH H3988 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •HR 3988 RH ‘‘(F) APPEALS.—Points of order, including 1 [Text truncated for display. 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