II 

116TH CONGRESS 

1ST SESSION S. 764 

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, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Assuring that Robust, 

5 Thorough, and Informed Congressional Leadership is Ex6 ercised Over National Emergencies Act’’ or the ‘‘ARTI7 CLE ONE Act’’. 


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1 SEC. 2. REQUIREMENTS RELATING TO DECLARATION AND 

2 RENEWAL OF NATIONAL EMERGENCIES. 

3 Section 201 of the National Emergencies Act (50 

4 U.S.C. 1621) is amended to read as follows: 

5 ‘‘SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL 

6 EMERGENCIES. 

7 ‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER8 GENCIES.—With respect to Acts of Congress authorizing 

9 the exercise, during the period of a national emergency, 

10 of any special or extraordinary power, the President is au11 thorized to declare such a national emergency by procla12 mation. Such proclamation shall immediately be trans13 mitted to Congress and published in the Federal Register. 

14 ‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE

15 EXERCISED.—No powers or authorities made available by 

16 statute for use during the period of a national emergency 

17 shall be exercised unless and until the President specifies 

18 the provisions of law under which the President proposes 

19 that the President, or other officers will act in— 

20 ‘‘(1) a proclamation declaring a national emer21 gency under subsection (a); or 

22 ‘‘(2) one or more Executive orders relating to 

23 the emergency published in the Federal Register and 

24 transmitted to Congress. 

25 ‘‘(c) TEMPORARY EFFECTIVE PERIODS.— 


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1 ‘‘(1) IN GENERAL.—A declaration of a national 

2 emergency under subsection (a), shall last for 30 

3 days from the issuance of the proclamation (not 

4 counting the day on which the proclamation was 

5 issued) and shall terminate when that 30-day period 

6 expires unless there is enacted into law a joint reso7 lution of approval under section 203 with respect to 

8 the proclamation. 

9 ‘‘(2) EXERCISE OF POWERS AND AUTHORI10 TIES.—Any power or authority made available under 

11 a provision of law described in subsection (a) and 

12 specified pursuant to subsection (b) may be exer13 cised for 30 days from the issuance of the proclama14 tion or Executive order (not counting the day on 

15 which such proclamation or Executive order was 

16 issued). That power or authority cannot be exercised 

17 once that 30-day period expires, unless there is en18 acted into law a joint resolution of approval under 

19 section 203 approving— 

20 ‘‘(A) the proclamation of the national 

21 emergency or the Executive order; and 

22 ‘‘(B) the exercise of the power or authority 

23 specified by the President in such proclamation 

24 or Executive order. 


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1 ‘‘(3) EXCEPTION IF CONGRESS IS UNABLE TO

2 CONVENE.—If Congress is physically unable to con3 vene as a result of an armed attack upon the United 

4 States or another national emergency, the 30-day 

5 periods described in paragraphs (1) and (2) shall 

6 begin on the first day Congress convenes for the 

7 first time after the attack or other emergency. 

8 ‘‘(d) RENEWAL OF NATIONAL EMERGENCIES.—A na9 tional emergency declared by the President under sub10 section (a) or previously renewed under this subsection, 

11 and not already terminated pursuant to subsection (c) or 

12 section 202(a), shall terminate on the date that is one year 

13 after the President transmitted to Congress the proclama14 tion declaring the emergency under subsection (a) or Con15 gress approved a previous renewal pursuant to this sub16 section, unless— 

17 ‘‘(1) the President publishes in the Federal 

18 Register and transmits to Congress an Executive 

19 order renewing the emergency; and 

20 ‘‘(2) there is enacted into law a joint resolution 

21 of approval renewing the emergency pursuant to sec22 tion 203 before the termination of the emergency or 

23 previous renewal of the emergency. 

24 ‘‘(e) EFFECT OF FUTURE LAWS.—No law enacted 

25 after the date of the enactment of this Act shall supersede 


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1 this title unless it does so in specific terms, referring to 

2 this title, and declaring that the new law supersedes the 

3 provisions of this title.’’. 

4 SEC. 3. TERMINATION OF NATIONAL EMERGENCIES. 

5 Section 202 of the National Emergencies Act (50 

6 U.S.C. 1622) is amended to read as follows: 

7 ‘‘SEC. 202. TERMINATION OF NATIONAL EMERGENCIES. 

8 ‘‘(a) IN GENERAL.—Any national emergency declared 

9 by the President under section 201(a) shall terminate on 

10 the earliest of— 

11 ‘‘(1) the date provided for in section 201(c); 

12 ‘‘(2) the date on which Congress, by statute, 

13 terminates the emergency; 

14 ‘‘(3) the date on which the President issues a 

15 proclamation terminating the emergency; or 

16 ‘‘(4) the date provided for in section 201(d). 

17 ‘‘(b) EFFECT OF TERMINATION.— 

18 ‘‘(1) IN GENERAL.—Effective on the date of the 

19 termination of a national emergency under sub20 section (a)— 

21 ‘‘(A) except as provided by paragraph (2), 

22 any powers or authorities exercised by reason of 

23 the emergency shall cease to be exercised; 

24 ‘‘(B) any amounts reprogrammed or trans25 ferred under any provision of law with respect 


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1 to the emergency that remain unobligated on 

2 that date shall be returned and made available 

3 for the purpose for which such amounts were 

4 appropriated; and 

5 ‘‘(C) any contracts entered into under any 

6 provision of law for construction relating to the 

7 emergency shall be terminated unless construc8 tion commenced under the contract before that 

9 date. 

10 ‘‘(2) SAVINGS PROVISION.—Except as specifi11 cally provided in subparagraph (B) or (C) of para12 graph (1), the termination of a national emergency 

13 shall not affect— 

14 ‘‘(A) any action taken or proceeding pend15 ing not finally concluded or determined on the 

16 date of the termination under subsection (a); 

17 ‘‘(B) any action or proceeding based on 

18 any act committed prior to that date; or 

19 ‘‘(C) any rights or duties that matured or 

20 penalties that were incurred prior to that 

21 date.’’. 


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1 SEC. 4. REVIEW BY CONGRESS OF NATIONAL EMER2 GENCIES. 

3 Title II of the National Emergencies Act (50 U.S.C. 

4 1621 et seq.) is amended by adding at the end the fol5 lowing: 

6 ‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER7 GENCIES. 

8 ‘‘(a) JOINT RESOLUTIONS OF APPROVAL.— 

9 ‘‘(1) JOINT RESOLUTION OF APPROVAL DE10 FINED.—For purposes of this section, the term 

11 ‘joint resolution of approval’ means a joint resolution 

12 that contains only the following provisions after its 

13 resolving clause— 

14 ‘‘(A) a provision approving— 

15 ‘‘(i) a proclamation of a national 

16 emergency made under section 201(a); 

17 ‘‘(ii) an Executive order issued under 

18 section 201(b)(2); or 

19 ‘‘(iii) an Executive order issued under 

20 section 201(d); and 

21 ‘‘(B) a provision approving a list of all or 

22 a portion of the provisions of law specified by 

23 the President under section 201(b) in the proc24 lamation or Executive order that is the subject 

25 of the joint resolution. 


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1 ‘‘(2) PROCEDURES FOR CONSIDERATION OF

2 JOINT RESOLUTIONS OF APPROVAL.— 

3 ‘‘(A) INTRODUCTION.—After the President 

4 transmits to Congress a proclamation declaring 

5 a national emergency under section 201(a), or 

6 an Executive order renewing an emergency 

7 under section 201(d) or specifying emergency 

8 powers or authorities under section 201(b)(2), a 

9 joint resolution of approval may be introduced 

10 in either House of Congress by any member of 

11 that House. 

12 ‘‘(B) REQUESTS TO CONVENE CONGRESS

13 DURING RECESSES.—If, when the President 

14 transmits to Congress a proclamation declaring 

15 a national emergency under section 201(a), or 

16 an Executive order renewing an emergency 

17 under section 201(d) or specifying emergency 

18 powers or authorities under section 201(b)(2), 

19 Congress has adjourned sine die or has ad20 journed for any period in excess of 3 calendar 

21 days, the Speaker of the House of Representa22 tives and the President pro tempore of the Sen23 ate, if they deem it advisable (or if petitioned 

24 by at least one-third of the membership of their 

25 respective Houses) shall jointly request the 


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1 President to convene Congress in order that it 

2 may consider the proclamation or Executive 

3 order and take appropriate action pursuant to 

4 this section. 

5 ‘‘(C) COMMITTEE REFERRAL.—A joint res6 olution of approval shall be referred in each 

7 House of Congress to the committee or commit8 tees having jurisdiction over the emergency au9 thorities invoked by the proclamation or Execu10 tive order that is the subject of the joint resolu11 tion. 

12 ‘‘(D) CONSIDERATION IN SENATE.—In the 

13 Senate, the following shall apply: 

14 ‘‘(i) REPORTING AND DISCHARGE.—If 

15 the committee to which a joint resolution 

16 of approval has been referred has not re17 ported it at the end of 10 calendar days 

18 after its introduction, that committee shall 

19 be automatically discharged from further 

20 consideration of the resolution and it shall 

21 be placed on the calendar. 

22 ‘‘(ii) PROCEEDING TO CONSIDER23 ATION.—Notwithstanding Rule XXII of 

24 the Standing Rules of the Senate, when 

25 the committee to which a joint resolution 


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1 of approval is referred has reported the 

2 resolution, or when that committee is dis3 charged under clause (i) from further con4 sideration of the resolution, it is at any 

5 time thereafter in order (even though a 

6 previous motion to the same effect has 

7 been disagreed to) for a motion to proceed 

8 to the consideration of the joint resolution, 

9 and all points of order against the joint 

10 resolution (and against consideration of 

11 the joint resolution) are waived. The mo12 tion to proceed is subject to 4 hours of de13 bate divided equally between those favoring 

14 and those opposing the joint resolution of 

15 approval. The motion is not subject to 

16 amendment, or to a motion to postpone, or 

17 to a motion to proceed to the consideration 

18 of other business. 

19 ‘‘(iii) FLOOR CONSIDERATION.—A 

20 joint resolution of approval shall be subject 

21 to 10 hours of debate, to be divided evenly 

22 between the proponents and opponents of 

23 the resolution. 

24 ‘‘(iv) AMENDMENTS.— 


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1 ‘‘(I) IN GENERAL.—Except as 

2 provided in subclause (II), no amend3 ments shall be in order with respect to 

4 a joint resolution of approval. 

5 ‘‘(II) AMENDMENTS TO STRIKE

6 OR ADD SPECIFIED PROVISIONS OF

7 LAW.—Subclause (I) shall not apply 

8 with respect to any amendment to 

9 strike or add from the list required by 

10 paragraph (1)(B) a provision or provi11 sions of law specified by the President 

12 under section 201(b) in the proclama13 tion or Executive order. 

14 ‘‘(v) MOTION TO RECONSIDER FINAL

15 VOTE.—A motion to reconsider a vote on 

16 final passage of a joint resolution of ap17 proval shall not be in order. 

18 ‘‘(vi) APPEALS.—Points of order, in19 cluding questions of relevancy, and appeals 

20 from the decision of the Presiding Officer, 

21 shall be decided without debate. 

22 ‘‘(E) CONSIDERATION IN HOUSE OF REP23 RESENTATIVES.—In the House of Representa24 tives, if any committee to which a joint resolu25 tion of approval has been referred has not reVerDate Sep 11 2014 23:08 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S764.IS S764

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1 ported it to the House at the end of 10 cal2 endar days after its introduction, such com3 mittee shall be discharged from further consid4 eration of the joint resolution, and it shall be 

5 placed on the appropriate calendar. On Thurs6 days it shall be in order at any time for the 

7 Speaker to recognize a Member who favors pas8 sage of a joint resolution that has appeared on 

9 the calendar for at least 3 calendar days to call 

10 up that joint resolution for immediate consider11 ation in the House without intervention of any 

12 point of order. When so called up a joint resolu13 tion shall be considered as read and shall be de14 batable for 1 hour equally divided and con15 trolled by the proponent and an opponent, and 

16 the previous question shall be considered as or17 dered to its passage without intervening motion. 

18 It shall not be in order to reconsider the vote 

19 on passage. If a vote on final passage of the 

20 joint resolution has not been taken on or before 

21 the close of the tenth calendar day after the 

22 resolution is reported by the committee or com23 mittees to which it was referred, or after such 

24 committee or committees have been discharged 


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1 from further consideration of the resolution, 

2 such vote shall be taken on that day. 

3 ‘‘(F) RECEIPT OF RESOLUTION FROM

4 OTHER HOUSE.—If, before passing a joint reso5 lution of approval, one House receives from the 

6 other a joint resolution of approval from the 

7 other House, then— 

8 ‘‘(i) the joint resolution of the other 

9 House shall not be referred to a committee 

10 and shall be deemed to have been dis11 charged from committee on the day it is 

12 received; and 

13 ‘‘(ii) the procedures set forth in sub14 paragraphs (D), (E), and (F), as applica15 ble, shall apply in the receiving House to 

16 the joint resolution received from the other 

17 House to the same extent as such proce18 dures apply to a joint resolution of the re19 ceiving House. 

20 ‘‘(G) RULE OF CONSTRUCTION.—The en21 actment of a joint resolution of approval under 

22 this subsection shall not be interpreted to serve 

23 as a grant or modification by Congress of statu24 tory authority for the emergency powers of the 

25 President. 


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1 ‘‘(b) RULES OF THE HOUSE AND SENATE.—Sub2 section (a) is enacted by Congress— 

3 ‘‘(1) as an exercise of the rulemaking power of 

4 the Senate and the House of Representatives, re5 spectively, and as such is deemed a part of the rules 

6 of each House, respectively, but applicable only with 

7 respect to the procedure to be followed in the House 

8 in the case of joint resolutions of approval, and su9 persede other rules only to the extent that it is in10 consistent with such other rules; and 

11 ‘‘(2) with full recognition of the constitutional 

12 right of either House to change the rules (so far as 

13 relating to the procedure of that House) at any time, 

14 in the same manner, and to the same extent as in 

15 the case of any other rule of that House.’’. 

16 SEC. 5. REPORTING REQUIREMENTS. 

17 Section 401 of the National Emergencies Act (50 

18 U.S.C. 1641) is amended by adding at the end the fol19 lowing: 

20 ‘‘(d) REPORT ON EMERGENCIES.—The President 

21 shall transmit to Congress, with any proclamation declar22 ing a national emergency under section 201(a), or Execu23 tive order renewing an emergency under section 201(d) 

24 or specifying emergency powers or authorities under secVerDate Sep 11 2014 23:08 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S764.IS S764

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1 tion 201(b)(2), a report, in writing, that includes the fol2 lowing: 

3 ‘‘(1) A description of the circumstances necessi4 tating the declaration of a national emergency, the 

5 renewal of such an emergency, or the use of a new 

6 emergency authority specified in the Executive 

7 order, as the case may be. 

8 ‘‘(2) The estimated duration of the national 

9 emergency. 

10 ‘‘(3) A summary of the actions the President or 

11 other officers intend to take, including any re12 programming or transfer of funds, and the statutory 

13 authorities the President and such officers expect to 

14 rely on in addressing the national emergency. 

15 ‘‘(4) In the case of a renewal of a national 

16 emergency, a summary of the actions the President 

17 or other officers have taken in the preceding one18 year period, including any reprogramming or trans19 fer of funds, to address the emergency. 

20 ‘‘(e) PROVISION OF INFORMATION TO CONGRESS.— 

21 The President shall provide to Congress such other infor22 mation as Congress may request in connection with any 

23 national emergency in effect under title II. 

24 ‘‘(f) PERIODIC REPORTS ON STATUS OF EMER25 GENCIES.—If the President declares a national emergency 


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1 under section 201(a), the President shall, not less fre2 quently than every 180 days for the duration of the emer3 gency, report to Congress on the status of the emergency 

4 and the actions the President or other officers have taken 

5 and authorities the President and such officers have relied 

6 on in addressing the emergency.’’. 

7 SEC. 6. CONFORMING AMENDMENTS. 

8 (a) NATIONAL EMERGENCIES ACT.—Title III of the 

9 National Emergencies Act (50 U.S.C. 1631) is repealed. 

10 (b) INTERNATIONAL EMERGENCY ECONOMIC POW11 ERS ACT.—Section 207 of the International Emergency 

12 Economic Powers Act (50 U.S.C. 1706) is amended— 

13 (1) in subsection (b), by striking ‘‘if the na14 tional emergency’’ and all that follows through 

15 ‘‘under this section.’’ and inserting the following: 

16 ‘‘if— 

17 ‘‘(1) the national emergency is terminated pur18 suant to section 202(a)(2) of the National Emer19 gencies Act; or 

20 ‘‘(2) a joint resolution of approval is not en21 acted as required by section 203 of that Act to ap22 prove— 

23 ‘‘(A) the national emergency; or 

24 ‘‘(B) the exercise of such authorities.’’; and 


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1 (2) in subsection (c)(1), by striking ‘‘para2 graphs (A), (B), and (C) of section 202(a)’’ and in3 serting ‘‘section 202(b)(2)’’. 

4 SEC. 7. APPLICABILITY. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), this Act and the amendments made by this Act shall 

7 take effect upon enactment. 

8 (b) APPLICATION TO NATIONAL EMERGENCIES PRE9 VIOUSLY DECLARED.—A national emergency declared 

10 under section 201 of the National Emergencies Act before 

11 the date of the enactment of this Act shall be unaffected 

12 by the amendments made by this Act except that such 

13 emergencies shall terminate on the date that is one year 

14 after such date of enactment unless the emergency is re15 newed under subsection (d) of section 201, as amended 

16 by section 2 of this Act. 

Æ 


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