WASHINGTON — U.S. Reps. Chip Roy, R-Texas, and Steve Cohen, D-Tenn., have introduced bipartisan legislation that would require Congress to approve national emergency declarations and the powers used under them within 30 days for them to remain in effect.
The Assuring that Robust, Thorough and Informed Congressional Leadership is Exercised Over National Emergencies Act, known as the ARTICLE ONE Act, would amend the National Emergencies Act and establish new congressional review requirements for presidential emergency declarations.
Under the legislation, a president could declare a national emergency by proclamation and would be required to immediately transmit the declaration to Congress and publish it in the Federal Register.
The president would also have to identify the specific statutory authorities intended for use under the emergency declaration.
The declaration and emergency powers invoked under it would initially remain in effect for 30 calendar days. Congress would have to approve the emergency through a joint resolution for it to continue beyond that period.
If Congress does not approve an emergency declaration within 30 days, the declaration would expire.
The legislation would also prevent a president from declaring another national emergency based on the same circumstances for the remainder of that president’s term.
The same restriction would apply to individual emergency powers that Congress declines to approve. Congressional approval of an emergency, however, would not itself create or expand the president’s statutory authority, according to the legislation.
For emergencies approved by Congress, the bill would establish another review process after one year. An emergency would expire unless the president sought its renewal and Congress approved another joint resolution allowing it to continue.
The measure includes an exception for situations in which Congress is physically unable to convene because of an armed attack on the United States or another national emergency. In those cases, the initial 30-day period would begin on the first day Congress is able to convene.
The legislation would also establish expedited procedures for congressional consideration of emergency declarations and renewals.
Under the bill, congressional committees would have 10 calendar days to consider approval resolutions before being automatically discharged from further consideration.
The bill would impose additional reporting requirements on the executive branch. A president would be required to submit a written report to Congress explaining the circumstances requiring the emergency declaration, its expected duration, planned government actions, the statutory authorities expected to be used and estimated federal expenditures directly attributable to the emergency.
For emergencies that remain in effect, the administration would also be required to provide periodic status reports, including information about government spending, actions taken and authorities exercised.
Roy said in announcing the legislation that the bill was intended to restore Congress’ role in overseeing national emergencies and the exercise of emergency powers.
Cohen, who previously supported similar emergency powers reform, said the legislation would establish additional checks and balances over presidential authority and ensure Congress remains involved in determining the duration of national emergencies.
The legislation was introduced as bipartisan legislation following renewed debate over the scope and duration of emergency powers during the COVID-19 pandemic.
Roy also cited the use of emergency declarations in other areas of government policy, including immigration and border security, as examples of issues Congress should address directly rather than leaving long-term decisions to executive emergency powers.
The measure would take effect upon enactment and generally apply to national emergencies declared after that date.
National emergencies already in effect would become subject to the legislation’s new review requirements when they would otherwise expire or be renewed under existing law Roy represents Texas’ 21st Congressional District, which includes Bandera County.
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