The Honorable Mike Lee

A BILL TO AMEND THE NATIONAL EMERGENCIES ACT

Senator Lee’s bill to amend the National Emergencies Act will reassert congressional authority over broad, virtually
unchecked emergency powers.

BACKGROUND
Most people would agree that Congress should grant the president some degree of emergency power. In obvious cases, the
president should have the statutory authority to respond to an immediate crisis, such as an act of war or natural disaster.
The problem is that emergency powers are vulnerable to abuse; they can act as a cheat-code that undermines our system
of separation of powers and enables the president to bypass the difficult work of enacting legislation.

As currently written, the National Emergencies Act of 1976 (NEA) enables that type of abuse. It grants the president
unilateral authority to declare a national emergency, which unlocks emergency powers contained in over 130 statutes.
Although an emergency declaration technically “terminates” after one year, the president is free to renew the emergency
as he sees fit. As long as the president believes there is a national emergency, Congress’s only recourse is to enact a
resolution of disapproval over the president’s veto.

Although President Trump’s recent emergency declaration has focused attention on the NEA, in reality the abuse of
emergency powers is a bipartisan, decades-long problem. There are currently 31 emergency declarations in effect—some
dating to 1979.

Congress is the first branch of the federal government because it is the most accountable to the public. But when it comes
to emergencies, Congress has delegated to the president broad authority and given itself no effective method of oversight.
Senator Lee’s bill would correct this problem.

WHAT THE BILL DOES

First, in almost all cases, the president’s emergency declaration would unlock emergency authorities for an interim period
lasting no more than 30 days. The exception is that the interim period may extend beyond 30 days if Congress is
physically unable to meet during the emergency.

Second, the bill creates fast-track procedures for a joint resolution of approval. If Congress passes and the president signs
a joint resolution of approval, then the emergency declaration lasts for one 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, then the emergency is terminated at the end of the interim period.

Third, the joint resolution would be amendable to a limited degree. This gives 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 would have the option of approving the emergency declaration
but limiting which emergency powers the president is allowed to exercise.

Fourth, the bill would impose new reporting requirements on the president during a national emergency. Modeled off the
War Powers Act, these requirements would ensure that Congress is kept fully informed of how the president is exercising
emergency powers.

This legislation would restore Congress to its rightful place as the first among co-equal branches when it comes to
addressing major national crises. It is an important and long overdue reform that would restore Congress’s institutional
prerogatives.

FOR MORE INFORMATION

Please contact Phil Alito or Blake Lanning to learn more or to cosponsor.