Section 1 Short title
This Act may be cited as the “No Palaces Act”.
No Palaces Act
A BILL
To amend title 40, United States Code, to require approval by the National Capital Planning Commission of certain improvements to the White House or the grounds of the White House, and for other purposes.
Sec. 2 Improvements to the White House or the grounds of the White House
Consultation between agencies and Commission— Section 8722(b)(1) of title 40, United States Code, is amended, in the first sentence, by inserting “, before initiating any demolition activities with respect to an existing structure,” before “or before making a commitment”.
Modifications to the White House— Section 8722 of title 40, United States Code, is amended by adding at the end the following:
“(f) Approval of improvements to the White House or grounds of the White House
“(1) Approval of National Capital Planning Commission required; joint resolution of disapproval
“(A) Definitions—In this paragraph:
“(i) Consideration period—The term “consideration period” means the 60-day period that begins on the date on which the National Capital Planning Commission approves the proposed improvement under subparagraph (B)(i)(II) (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress).
“(ii) Joint resolution of disapproval—The term joint resolution of disapproval means only a joint resolution that is introduced during the consideration period, the matter after the resolving clause of which is as follows: “That Congress disapproves the proposed improvement approved by the National Capital Planning Commission on ____.”, the blank space being filled in with the date on which the National Capital Planning Commission approves the proposed improvement under subparagraph (B)(i)(II).
“(B) Approval required—A building or site improvement to the White House or the grounds of the White House may not be carried out unless—
“(i) the Executive Office of the President, or the head of any Federal agency acting on behalf of the Executive Office of the President—
“(I) completes the concept review (as described in the Submission Guidelines of the National Capital Planning Commission) with respect to the proposed improvement; and
“(II) obtains the approval of the National Capital Planning Commission with respect to the proposed improvement; and
“(ii) a joint resolution of disapproval is not enacted into law in accordance with subparagraph (B) on or before the date of the end of the consideration period.
“(C) Procedures for consideration of joint resolutions of disapproval
“(i) Referral—A joint resolution of disapproval shall be referred to the committees in each House of Congress with jurisdiction.
“(ii) Senate procedure
“(I) Reporting and discharge—If the committee of the Senate to which a joint resolution of disapproval is referred has not reported the joint resolution of disapproval (or an identical joint resolution of disapproval) by the date that is 20 days after the date on which the National Capital Planning Commission approves the proposed improvement under subparagraph (B)(i)(II)—
“(aa) the committee may be discharged from further consideration of the joint resolution of disapproval on a petition supported in writing by 30 Members of the Senate; and
“(bb) the joint resolution of disapproval shall be placed on the calendar.
“(II) Motion to proceed
“(aa) In general—After the committee of the Senate to which a joint resolution of disapproval is referred has reported, or is discharged from further consideration of, the joint resolution of disapproval—
“(AA) it is 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 of disapproval; and
“(BB) all points of order against the joint resolution of disapproval (and against consideration of the joint resolution of disapproval) are waived.
“(bb) Amendment—A motion to proceed under this subclause is not subject to—
“(AA) amendment;
“(BB) a motion to postpone; or
“(CC) a motion to proceed to the consideration of other business.
“(cc) Motion to reconsider—A motion to reconsider the vote by which a motion to proceed under this subclause is agreed to or disagreed to shall not be in order.
“(dd) Motion agreed to—If a motion to proceed under this subclause is agreed to, the joint resolution of disapproval shall remain the unfinished business of the Senate until the joint resolution of disapproval is disposed of.
“(III) Debate
“(aa) Time limit—Debate in the Senate on the joint resolution of disapproval and on all debatable motions and appeals in connection with the joint resolution of disapproval shall be limited to not more than 10 hours, to be equally divided between Senators favoring and Senators opposing the joint resolution of disapproval.
“(bb) Motion to limit debate—A motion in the Senate to further limit debate on the joint resolution of disapproval is in order and not debatable.
“(cc) Not in order—In the Senate, an amendment to, a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution of disapproval is not in order.
“(IV) Vote on final passage—In the Senate, immediately following the conclusion of the debate on a joint resolution of disapproval, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, there shall be a vote on final passage of the joint resolution of disapproval.
“(V) Appeals—Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution of disapproval shall be decided without debate.
“(VI) Limitation—In the Senate, the procedures described in subclauses (I) through (V) shall not apply to the consideration of a joint resolution of disapproval after the expiration of the consideration period.
“(iii) Consideration of joint resolution of disapproval received from other House—If, before the passage by 1 House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval—
“(I) the joint resolution of disapproval of the other House shall not be referred to a committee; and
“(II) with respect to the House receiving the joint resolution of disapproval—
“(aa) the procedure in that House shall be the same as if no joint resolution of disapproval had been received from the other House; but
“(bb) the vote on final passage shall be on the joint resolution of disapproval of the other House.
“(iv) Rules of House of representatives and senate—This subparagraph is enacted by Congress—
“(I) 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 that House in the case of a joint resolution of disapproval, and supersedes other rules only to the extent that this subparagraph is inconsistent with such rules; and
“(II) 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.
“(2) Use of funds
“(A) Private funds—No private funds may be used to carry out an improvement described in paragraph (1)(B) unless authorized by Congress.
“(B) Federal funds—Any use of Federal funds to carry out an improvement described in paragraph (1)(B) shall comply with the requirements of section 1301 of title 31.”
Judicial review—
Right of action— The Advisory Council on Historic Preservation, any member of the Advisory Council on Historic Preservation, the Commission of Fine Arts, any member of the Commission of Fine Arts, the National Capital Planning Commission, any member of the National Capital Planning Commission, either House of Congress, or a Member of either House of Congress may bring a civil action in the United States District Court for the District of Columbia before a 3-judge panel alleging a violation of this Act (including an amendment made by this Act) for injunctive relief.
Appeal— Any party to a civil action brought under paragraph (1) may appeal to the Supreme Court of the United States any order granting or denying a permanent injunction pursuant to this Act (including an amendment made by this Act).
Expedited procedures—
Expeditious hearing— The United States District Court for the District of Columbia and the Supreme Court, if applicable, shall expedite the consideration of any civil action brought under this subsection.
Priority— To the extent practicable, the United States District Court for the District of Columbia or the Supreme Court, if applicable, shall give any civil action brought under this subsection priority on the docket of the applicable court.
Deadlines—
In general— The United States District Court for the District of Columbia shall issue a decision with respect to any civil action brought under this subsection not later than 30 days after the date on which the complaint is filed.
Filing notice of appeal— A notice of appeal of any order, whether interlocutory or final, entered in any civil action brought under this subsection, shall be filed not later than 10 days after the date of entry of the order.
Hearing of appeal— The hearing of an appeal described in clause (ii) shall be held not later than 45 days after the date of the notice of appeal.
Decision on appeal— A decision in an appeal described in clause (ii) shall be issued not later than 90 days after the date of the notice of appeal.
Judicial discretion— The United States District Court for the District of Columbia or the Supreme Court, if applicable, may modify the schedules and limitations described in clauses (i) through (iv) in a particular civil action, based on a specific finding that the ends of justice that would be served by making such a modification would outweigh the best interest of the public in having the civil action resolved expeditiously.