Bills
| 3.23.22

Should Congress Reassert its Authority Over National Emergency Declarations? (H.R. 1755)

Do you support or oppose this bill?

What is H.R. 1755?

(Updated March 27, 2021)

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.

Argument in favor

The existence of 32 current national emergencies across the U.S. — including one dating from the Carter administration — is proof that there are too many declared ‘emergencies’ in the U.S. that seemingly never end. This bill reasserts Congressional authority over national emergency declarations and ensures national emergencies end in a timely manner when appropriate.

Argument opposed

The president has a right and responsibility to declare national emergencies as needed to keep the U.S. safe. The nature of national emergencies means that it’s important for the president to have broad latitude to respond to them. This bill would make it harder for the U.S. government to respond to situations at home and abroad that require flexibility.

Impact

National emergencies; Congress; and the president.

Cost of H.R. 1755

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Chip Roy (R-TX) introduced this bill to amend the National Emergencies Act and reassert Congressional authority over broad, virtually unchecked emergency powers:

“As I said when Congress voted on the president’s emergency declaration last month, I would have preferred to debate it longer and work with my colleagues on both sides of the aisle to reach structural reforms to the National Emergencies Act. Today, I introduced a bill in the House of Representatives that would restore Congress to its rightful place as first among our federal branches of government when it comes to the power of the purse. To be clear, there is an emergency at our southern border.  Cartels have operational control of our border, hundreds of thousands of people are crossing our border, thousands of pounds of narcotics are crossing our border, and our failure to act endangers Americans and the migrants who seek to come here. Unlike Congress, the president recognizes the emergency and is taking a few, though not all, of the steps necessary to work to secure our border and shore up American sovereignty. Having said that, there are currently 31 active national emergencies, some of which date back to President Jimmy Carter’s administration. By any reasonable definition, an ‘emergency’ should not be treated as such under the NEA for long periods of time. Our legislation will terminate emergencies within 30 days of such a declaration and require Congress to take specific action to continue such emergencies. Congress ceded some of its legislative authority in 1976. It is far past time we make the necessary changes need to the NEA and take steps to restore Congress to what our founders intended.”   

Sen. Mike Lee (R-UT), the sponsor of this bill’s Senate companion, adds that this bill will stop presidents from acting like kings and making unilateral decisions:

“If Congress is troubled by recent emergency declarations made pursuant to the National Emergencies Act, they only have themselves to blame. Congress gave these legislative powers away in 1976 and it is far past time that we as an institution took them back. If we don’t want our president acting like a king we need to start taking back the legislative powers that allow him to do so. The ARTICLE ONE Act will go a long way to restoring the balance of powers in our republic.”

President Trump argues that as president, he has both the right and responsibility to declare national emergencies as he sees fit:

“Since 1976, Presidents have declared 59 national emergencies. They often involved protecting foreign citizens in far-off lands, yet Congress has not terminated any of them. Every single one of them is still in existence. And yet, we don’t worry about our land; we worry about other people’s lands. That’s why I say ‘America first.’ If that’s okay: ‘America first.’ The only emergency Congress voted to revoke was the one to protect our own country. So, think of that: with all of the national emergencies, this was the one they don’t want to do. And this is the one, perhaps, they should most do.”

This bill has two Republican House cosponsors. The Senate version of this bill, sponsored by Sen. Mike Lee (R-UT), has 17 Republican Senate cosponsors.


Of Note: President Trump’s February declaration of a national emergency at the U.S.-Mexico border — which he’s using to get additional money for his border wall — has been a major political controversy in 2019. In addition to this national emergency, the U.S. has 31 other national emergencies currently in effect. Many, or even most, of those emergencies are no longer applicable; most were simply declared by a president and then never formally repealed, or extended with limited thought or debate.


Media:

Summary by Lorelei Yang

(Photo Credit: Charles Edward Miller via Flickr / Creative Commons)