By Breitbart News Network | Created at 2026-08-18 20:59:21 | Updated at 2026-08-20 02:08:43
1 day ago
Rep. Chip Roy (R-TX) is preparing to introduce 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.
Roy plans to introduce the Assuring that Robust, Thorough, and Informed Congressional Leadership is Exercised Over National Emergencies Act, or the “ARTICLE ONE Act,” on Thursday. The legislation would amend the National Emergencies Act to establish a new system for congressional review of national emergencies, including automatic expiration of declarations that do not receive congressional approval.
The legislation comes after the COVID-19 pandemic and is aimed in part at ensuring that unelected officials cannot wield sweeping authority for extended periods under emergency declarations without continued accountability from elected officials.
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“Americans deserve accountability — not sweeping power in the hands of unelected bureaucrats. The COVID-19 pandemic exposed the dangers of allowing emergency authority to continue indefinitely, and the revelations surrounding Dr. Fauci only underscore the need for transparency and accountability. The ARTICLE ONE Act restores Congress’ constitutional responsibility by requiring elected representatives to vote on whether a national emergency can continue beyond 30 days. Our liberties should never be left at the mercy of unchecked emergency powers,” Roy told Breitbart News.
Under the bill, the president would retain the authority to declare a national emergency by proclamation. The proclamation would have to be immediately transmitted to Congress and published in the Federal Register.
The president would also have to specify the provisions of law under which the administration intends to act. The bill states that no emergency powers or authorities made available by statute could be exercised “unless and until the President specifies the provisions of law” under which the president or other officers intend to act, either in the emergency proclamation or in one or more related executive orders.
The declaration and the authorities invoked under it would initially remain effective for only 30 calendar days.
“A declaration of a national emergency shall remain in effect for a period of 30 calendar days from the issuance of the proclamation,” the legislation states, and would terminate when that period expires unless Congress enacts a joint resolution approving it.
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Emergency powers identified by the president would similarly be available for 30 days and could not continue after that period unless Congress passes a joint resolution approving the declaration or executive order and the exercise of the specified authority.
The bill includes an exception if Congress is physically unable to convene because of an armed attack on the United States or another national emergency. In that circumstance, the 30-day period would begin on the first day Congress is able to convene following the attack or emergency.
If Congress does not approve an emergency before the 30-day period expires, or does not approve a proposed renewal, the president could not declare another national emergency based on “the same circumstances” during the remainder of that president’s term.
Likewise, if Congress does not approve a particular emergency power or authority invoked by the president, the president could not exercise that same power or authority with respect to the emergency for the remainder of the term.
The bill also provides that subsequent laws would not override the new framework unless Congress explicitly states that the new law supersedes it.
For emergencies that Congress does approve, the ARTICLE ONE Act would establish another congressional checkpoint after one year.
A national emergency would terminate one year after the president transmitted the original proclamation to Congress, or one year after Congress approved a previous renewal, unless the president publishes and transmits an executive order renewing the emergency and Congress enacts another joint resolution approving that renewal.
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The bill provides several ways for an emergency to end, including expiration of the initial 30-day period, expiration under the annual renewal process, an act of Congress terminating the emergency, or a presidential proclamation ending it.
When an emergency ends, emergency powers would generally cease, unobligated funds transferred or reprogrammed under those authorities would be returned for their original purposes, and contracts entered into under emergency authority would terminate. The bill preserves pending legal proceedings and certain rights, duties, and penalties arising before the emergency ended.
The bill would also establish expedited procedures in both chambers for Congress to consider whether or not to approve an emergency.
Any member of either chamber could introduce a joint resolution of approval after the president transmits an emergency proclamation, an executive order specifying emergency powers, or an executive order seeking to renew an emergency.
If Congress has adjourned for more than three calendar days when the president transmits such an action, the Senate majority leader and House speaker, or their designees, could act jointly after consultation with and the concurrence of the Senate and House minority leaders to notify members to reassemble if they determine the public interest warrants it.
In the Senate, a committee that has not reported an approval resolution at the end of 10 calendar days after its introduction would automatically be discharged from further consideration. In the House, a committee that has not reported a resolution within 10 calendar days after referral would likewise be discharged. The legislation also limits debate and amendments as part of its expedited procedures.
Congressional approval under the measure would not itself create or expand presidential authority. The bill specifies that enactment of an approval resolution “shall not be interpreted to serve as a grant or modification by Congress of statutory authority for the emergency powers of the President.”
The legislation would also impose expanded reporting requirements on the executive branch.
The president would be required to submit a written report alongside an emergency proclamation, an executive order identifying additional emergency authorities, or a renewal. That report would have to describe the circumstances requiring the emergency, provide an estimated duration or state that one cannot reasonably be estimated, summarize the actions the president or other officials intend to take, identify the statutory authorities they expect to use, and provide estimates of federal expenditures directly attributable to the emergency.
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For renewals, the report would also have to summarize actions taken during the preceding one-year period, including any reprogramming or transfer of funds.
The president would additionally be required to provide other information requested by designated congressional entities concerning an emergency and submit status reports at least every six months for as long as the emergency remains in effect. Those reports would cover the emergency’s status, government expenditures, actions taken by the president or other officers, and authorities relied upon.
The bill would also require certain emergency-related information transmitted to Congress to be made publicly available.
The ARTICLE ONE Act establishes separate treatment for certain emergencies involving authorities under the International Emergency Economic Powers Act and makes related conforming changes to existing law, including replacing references to a “concurrent resolution” with a “joint resolution.”
The bill would take effect on the date of enactment and would generally apply to national emergencies declared on or after that date. National emergencies declared before enactment would become subject to the legislation’s new renewal requirements when they would otherwise expire or be renewed under existing law.
The measure also states that it and the amendments made by it would supersede Title II of the National Emergencies Act as it existed immediately before enactment.
