Chip Roy, Steve Cohen Seek to Rein In Emergency Powers

Reps. Chip Roy (R) and Steve Cohen (D-TN) have introduced the ARTICLE ONE Act, which would require Congress to approve national emergencies and the emergency powers used under them within 30 days for them to continue.

What is the ARTICLE ONE Act?

Reps. Roy and Cohen introduced the legislation to give Congress a greater role in determining how long presidential national emergency declarations and associated powers remain in effect.

Under the proposal, a national emergency would expire after 30 days unless Congress passes a joint resolution approving its continuation. Emergency powers invoked by the president would also expire after 30 days unless Congress approves their continued use.

The bill would also require presidents to identify the statutory authorities they intend to invoke when declaring an emergency and to provide Congress with information about the circumstances and the expected duration of the emergency.

Why are Roy and Cohen pushing the legislation?

Rep. Roy said the COVID-19 pandemic demonstrated the risks of allowing emergency authorities to remain in place indefinitely.

Rep. Chip Roy: "Americans deserve accountability - not sweeping power in the hands of unelected bureaucrats."

Rep. Roy continued: "The ARTICLE ONE Act restores Congress' constitutional responsibility by requiring elected representatives to vote on whether a national emergency can continue beyond 30 days."

Cohen said emergency declarations lasting for years or decades demonstrate the need for stronger congressional oversight.

Rep. Steve Cohen: "An emergency declared during the Carter Administration should not still be in effect."

Cohen has previously introduced the National Emergencies Reform Act, which would similarly require congressional approval for emergency declarations to continue beyond 30 days.

The latest proposal reflects their shared argument that emergency powers should remain available during genuine crises while Congress retains its constitutional role in determining whether those powers should continue.