This bill — the ARTICLE ONE Act — would reassert Congress’ authority over the declaration of national emergencies. It would make any national emergency declaration last only 30 days from its issuance, terminating when the 30-day period expires, unless a joint resolution of approval is enacted. The only exception to this requirement would be in situations where Congress is physically unable to convene due to an armed attack upon the U.S. or another national emergency — in such cases, the 30-day period for a joint resolution’s passage would begin on the first day that Congress convenes for the first time after the attack or other emergency.
It’d also create fast-track procedures for a joint resolution of approval to approve a national emergency declaration. If Congress passes and the president signs a joint resolution of approval, then the emergency declaration lasts for a year. At the end of the one-year period, the president may renew the emergency only if a new resolution of approval is enacted. If Congress fails to vote on a joint resolution of approval, the emergency would be terminated at the end of the interim period.
This bill would also allow limited amendments to joint resolutions. This would give Congress flexibility in approving the emergency declaration and the invocation of specific statutory authorities. For example: if the president declares an emergency and invokes five emergency statutes, Congress could approve the emergency declaration but limit which emergency powers the president is allowed to exercise.
Finally, this bill would impose new reporting requirements on the president during a national emergency. These requirements — modeled off the War Powers Resolution — would ensure that Congress is kept fully informed about how the president is exercising emergency powers.
This bill’s full title is the Assuring that Robust, Thorough, and Informed Congressional Leadership is Exercised Over National Emergencies (ARTICLE ONE) Act. It is a reference to the section of the U.S. Constitution which establishes Congress.