October 11, 2024–Due Process Institute and a group of cross-ideological organizations urged members of Congress to enact the National Emergencies Act (NEA) reform legislation that recently passed out of committee in both the House and Senate with overwhelming bipartisan support. This reform legislation should be enacted in this Congress, either as a stand-alone or as part of broader legislation, such as the National Defense Authorization Act (NDAA) or a government funding bill. Such reform is critical to preventing future abuses of emergency authorities and could be the most substantial rebalancing of power between the executive branch and Congress since the 1970s.
The ARTICLE ONE Act (H.R. 3988) and the REPUBLIC Act (S. 4373) would enact the following reforms: (1) every presidentially declared national emergency will automatically expire after 30 days unless Congress affirmatively votes to extend it, using expedited procedures that will ensure timely action and prevent obstructionism, (2) a national emergency declared by the president and approved by Congress must be redeclared and reapproved by Congress one year after the original declaration, (3) each proclamation by the president declaring or renewing a national emergency must provide a report to Congress that includes a description of the circumstances necessitating the declaration, estimated duration of the emergency, and a summary of actions the president intends to take, (4) the president also must provide a report every six months on the status of the emergency and actions the president has taken to address it, and (5) existing national emergencies will be subject to the same renewal requirements outlined above.