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[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.
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