Assuring that Robust, Thorough, and Informed Congressional Leadership is Exercised Over National Emergencies Act or the ARTICLE ONE Act
This bill terminates a declaration of national emergency made by the President after 30 days unless Congress votes to extend the declaration. (Currently, Congress can cancel an emergency declaration only by passing a resolution that can withstand a presidential veto.)
The bill establishes procedures for congressional review of declarations of national emergencies.
The President shall (1) transmit specified information to Congress with any proclamation declaring or renewing a national emergency, including a description of the circumstances necessitating the declaration or renewal of a national emergency declaration and its estimated duration; and (2) report periodically on the status of the emergency.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 241 Introduced in Senate (IS)]
<DOC>
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 Security
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assuring that Robust, Thorough, and
Informed Congressional Leadership is Exercised Over National
Emergencies Act'' or the ``ARTICLE ONE Act''.
SEC. 2. REQUIREMENTS RELATING TO DECLARATION AND RENEWAL OF NATIONAL
EMERGENCIES.
Section 201 of the National Emergencies Act (50 U.S.C. 1621) is
amended to read as follows:
``SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL EMERGENCIES.
``(a) Authority To Declare National Emergencies.--With respect to
Acts of Congress authorizing the exercise, during the period of a
national emergency, of any special or extraordinary power, the
President is authorized to declare such a national emergency by
proclamation. Such proclamation shall immediately be transmitted to
Congress and published in the Federal Register.
``(b) Specification of Provisions of Law To Be Exercised.--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--
``(1) a proclamation declaring a national emergency under
subsection (a); or
``(2) one or more Executive orders relating to the
emergency published in the Federal Register and transmitted to
Congress.
``(c) Temporary Effective Periods.--
``(1) In general.--A declaration of a national emergency
under subsection (a) shall last for 30 days from the issuance
of the proclamation (not counting the day on which the
proclamation was issued) and shall terminate when that 30-day
period expires unless there is enacted into law a joint
resolution of approval under section 203 with respect to the
proclamation.
``(2) Exercise of powers and authorities.--Any power or
authority made available under a provision of law described in
subsection (a) and specified pursuant to subsection (b) may be
exercised for 30 days from the issuance of the proclamation or
Executive order (not counting the day on which such
proclamation or Executive order was issued). That power or
authority cannot be exercised once that 30-day period expires,
unless there is enacted into law a joint resolution of approval
under section 203 approving--
``(A) the proclamation of the national emergency or
the Executive order; and
``(B) the exercise of the power or authority
specified by the President in such proclamation or
Executive order.
``(3) Exception if congress is unable to convene.--If
Congress is physically unable to convene as a result of an
armed attack upon the United States or another national
emergency, the 30-day periods described in paragraphs (1) and
(2) shall begin on the first day Congress convenes for the
first time after the attack or other emergency.
``(d) Renewal of National Emergencies.--A national emergency
declared by the President under subsection (a) or previously renewed
under this subsection, and not already terminated pursuant to
subsection (c) or section 202(a), shall terminate on the date that is
one year after the President transmitted to Congress the proclamation
declaring the emergency under subsection (a) or Congress approved a
previous renewal pursuant to this subsection, unless--
``(1) the President publishes in the Federal Register and
transmits to Congress an Executive order renewing the
emergency; and
``(2) there is enacted into law a joint resolution of
approval renewing the emergency pursuant to section 203 before
the termination of the emergency or previous renewal of the
emergency.
``(e) Effect of Future Laws.--No law enacted after the date of the
enactment of this Act shall supersede this title unless it does so in
specific terms, referring to this title, and declaring that the new law
supersedes the provisions of this title.''.
SEC. 3. TERMINATION OF NATIONAL EMERGENCIES.
Section 202 of the National Emergencies Act (50 U.S.C. 1622) is
amended to read as follows:
``SEC. 202. TERMINATION OF NATIONAL EMERGENCIES.
``(a) In General.--Any national emergency declared by the President
under section 201(a) shall terminate on the earliest of--
``(1) the date provided for in section 201(c);
``(2) the date on which Congress, by statute, terminates
the emergency;
``(3) the date on which the President issues a proclamation
terminating the emergency; or
``(4) the date provided for in section 201(d).
``(b) Effect of Termination.--
``(1) In general.--Effective on the date of the termination
of a national emergency under subsection (a)--
``(A) except as provided by paragraph (2), any
powers or authorities exercised by reason of the
emergency shall cease to be exercised;
``(B) any amounts reprogrammed 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 appropriated; and
``(C) any contracts entered into under any
provision of law for construction relating to the
emergency shall be terminated unless construction
commenced under the contract before that date.
``(2) Savings provision.--Except as specifically provided
in subparagraph (B) or (C) of paragraph (1), the termination of
a national emergency shall not affect--
``(A) any action taken or proceeding pending not
finally concluded or determined on the date of the
termination under subsection (a);
``(B) any action or proceeding based on any act
committed prior to that date; or
``(C) any rights or duties that matured or
penalties that were incurred prior to that date.''.
SEC. 4. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
Title II of the National Emergencies Act (50 U.S.C. 1621 et seq.)
is amended by adding at the end the following:
``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
``(a) Joint Resolutions of Approval.--
``(1) Joint resolution of approval defined.--For purposes
of this section, the term `joint resolution of approval' means
a joint resolution that contains only the following provisions
after its resolving clause:
``(A) A provision approving--
``(i) a proclamation of a national
emergency made under section 201(a);
``(ii) an Executive order issued under
section 201(b)(2); or
``(iii) an Executive order issued under
section 201(d).
``(B) A provision approving a list of all or a
portion of the provisions of law specified by the
President under section 201(b) in the proclamation or
Executive order that is the subject of the joint
resolution.
``(2) Procedures for consideration of joint resolutions of
approval.--
``(A) Introduction.--After the President transmits
to Congress a proclamation declaring a national
emergency under section 201(a), or an Executive order
renewing an emergency under section 201(d) or
specifying emergency powers or authorities under
section 201(b)(2), a joint resolution of approval may
be introduced in either House of Congress by any member
of that House.
``(B) Requests to convene congress during
recesses.--If, when the President transmits to Congress
a proclamation declaring a national emergency under
section 201(a), or an Executive order renewing an
emergency under section 201(d) or specifying emergency
powers or authorities under section 201(b)(2), Congress
has adjourned sine die or has adjourned for any period
in excess of 3 calendar days, the Speaker of the House
of Representatives and the President pro tempore of the
Senate, if they deem it advisable (or if petitioned by
at least one-third of the membership of their
respective Houses) shall jointly request the President
to convene Congress in order that it may consider the
proclamation or Executive order and take appropriate
action pursuant to this section.
``(C) Committee referral.--A joint resolution of
approval shall be referred in each House of Congress to
the committee or committees having jurisdiction over
the emergency authorities invoked by the proclamation
or Executive order that is the subject of the joint
resolution.
``(D) Consideration in senate.--In the Senate, the
following shall apply:
``(i) Reporting and discharge.--If the
committee to which a joint resolution of
approval has been referred has not reported it
at the end of 10 calendar days after its
introduction, that committee shall be
automatically discharged from further
consideration of the resolution and it shall be
placed on the calendar.
``(ii) Proceeding to consideration.--
Notwithstanding Rule XXII of the Standing Rules
of the Senate, when the committee to which a
joint resolution of approval is referred has
reported the resolution, or when that committee
is discharged under clause (i) from further
consideration of the resolution, it is at any
time thereafter in order (even though a
previous motion to the same effect has been
disagreed to) for a motion to proceed to the
consideration of the joint resolution to be
made, and all points of order against the joint
resolution (and against consideration of the
joint resolution) are waived. The motion to
proceed is subject to 4 hours of debate divided
equally between those favoring and those
opposing the joint resolution of approval. The
motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed
to the consideration of other business.
``(iii) Floor consideration.--A joint
resolution of approval shall be subject to 10
hours of debate, to be divided evenly between
the proponents and opponents of the resolution.
``(iv) Amendments.--
``(I) In general.--Except as
provided in subclause (II), no
amendments shall be in order with
respect to a joint resolution of
approval.
``(II) Amendments to strike or add
specified provisions of law.--Subclause
(I) shall not apply with respect to any
amendment to strike from or add to the
list required by paragraph (1)(B) a
provision or provisions of law
specified by the President under
section 201(b) in the proclamation or
Executive order.
``(v) Motion to reconsider final vote.--A
motion to reconsider a vote on final passage of
a joint resolution of approval shall not be in
order.
``(vi) Appeals.--Points of order, including
questions of relevancy, and appeals from the
decision of the Presiding Officer, shall be
decided without debate.
``(E) Consideration in house of representatives.--
In the House of Representatives, if any committee to
which a joint resolution of approval has been referred
has not reported it to the House at the end of 10
calendar days after its introduction, such committee
shall be discharged from further consideration of the
joint resolution, and it shall be placed on the
appropriate calendar. On Thursdays it shall be in order
at any time for the Speaker to recognize a Member who
favors passage of a joint resolution that has appeared
on the calendar for at least 3 calendar days to call up
that joint resolution for immediate consideration in
the House without intervention of any point of order.
When so called up a joint resolution shall be
considered as read and shall be debatable for 1 hour
equally divided and controlled by the proponent and an
opponent, and the previous question shall be considered
as ordered to its passage without intervening motion.
It shall not be in order to reconsider the vote on
passage. If a vote on final passage of the joint
resolution has not been taken on or before the close of
the tenth calendar day after the resolution is reported
by the committee or committees to which it was
referred, or after such committee or committees have
been discharged from further consideration of the
resolution, such vote shall be taken on that day.
``(F) Receipt of resolution from other house.--If,
before passing a joint resolution of approval, one
House receives from the other a joint resolution of
approval from the other House, then--
``(i) the joint resolution of the other
House shall not be referred to a committee and
shall be deemed to have been discharged from
committee on the day it is received; and
``(ii) the procedures set forth in
subparagraph (D) or (E), as applicable, shall
apply in the receiving House to the joint
resolution received from the other House to the
same extent as such procedures apply to a joint
resolution of the receiving House.
``(G) Rule of construction.--The enactment of a
joint resolution of approval under this subsection
shall not be interpreted to serve as a grant or
modification by Congress of statutory authority for the
emergency powers of the President.
``(b) Rules of the House and Senate.--Subsection (a) is enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
the House in the case of joint resolutions of approval, and
supersede other rules only to the extent that it is
inconsistent with such other rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
SEC. 5. REPORTING REQUIREMENTS.
Section 401 of the National Emergencies Act (50 U.S.C. 1641) is
amended by adding at the end the following:
``(d) Report on Emergencies.--The President shall transmit to
Congress, with any proclamation declaring a national emergency under
section 201(a), or Executive order renewing an emergency under section
201(d) or specifying emergency powers or authorities under section
201(b)(2), a report, in writing, that includes the following:
``(1) A description of the circumstances necessitating the
declaration of a national emergency, the renewal of such an
emergency, or the use of a new emergency authority specified in
the Executive order, as the case may be.
``(2) The estimated duration of the national emergency.
``(3) A summary of the actions the President or other
officers intend to take, including any reprogramming or
transfer of funds, and the statutory authorities the President
and such officers expect to rely on in addressing the national
emergency.
``(4) In the case of a renewal of a national emergency, a
summary of the actions the President or other officers have
taken in the preceding one-year period, including any
reprogramming or transfer of funds, to address the emergency.
``(e) 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 II.
``(f) Periodic Reports on Status of Emergencies.--If the President
declares a national emergency under section 201(a), the President
shall, not less frequently than every 180 days for the duration of the
emergency, 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
emergency.''.
SEC. 6. CONFORMING AMENDMENTS.
(a) National Emergencies Act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(b) International Emergency Economic Powers Act.--Section 207 of
the International Emergency Economic Powers Act (50 U.S.C. 1706) is
amended--
(1) in subsection (b), by striking ``if the national
emergency'' and all that follows through ``under this
section.'' and inserting the following: ``if--
``(1) the national emergency is terminated pursuant to
section 202(a)(2) of the National Emergencies Act; or
``(2) a joint resolution of approval is not enacted as
required by section 203 of that Act to approve--
``(A) the national emergency; or
``(B) the exercise of such authorities.''; and
(2) in subsection (c)(1), by striking ``paragraphs (A),
(B), and (C) of section 202(a)'' and inserting ``section
202(b)(2)''.
SEC. 7. APPLICABILITY.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date of the
enactment of this Act.
(b) Application to National Emergencies Previously Declared.--A
national emergency declared under section 201 of the National
Emergencies Act before the date of the enactment of this Act shall be
unaffected by the amendments made by this Act, except that such an
emergency shall terminate on the date that is one year after such date
of enactment unless the emergency is renewed under subsection (d) of
section 201, as amended by section 2 of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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