I 
118TH CONGRESS 
1ST SESSION H. R. 3988 
To provide for congressional approval of national emergency declarations. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 9, 2023 
Mr. ROY (for himself, Mr. COHEN, Mr. GALLAGHER, Ms. TITUS, Mr. GOSAR, 
Ms. NORTON, Mr. PERRY, Mr. KILEY, Mr. OGLES, Mr. CLOUD, Mr. NOR-
MAN, Mr. HIGGINS of Louisiana, Mr. BIGGS, Ms. HAGEMAN, Mr. 
BRECHEEN, and Ms. MACE) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure, and in ad-
dition to the Committees on Foreign Affairs, and Rules, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To provide for congressional approval of national emergency 
declarations. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Assuring that Robust, 
Thorough, and Informed Congressional Leadership is Ex-
ercised Over National Emergencies Act’’ or the ‘‘ARTI-
CLE ONE Act’’. 
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SEC. 2. CONGRESSIONAL REVIEW OF NATIONAL EMER-
GENCIES. 
Title II of the National Emergencies Act (50 U.S.C. 
1621 et seq.) is amended by striking sections 201 and 202 
and inserting the following: 
‘‘SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES. 
‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER-
GENCIES.—With respect to Acts of Congress authorizing 
the exercise, during the period of a national emergency, 
of any special or extraordinary power, the President is au-
thorized to declare such a national emergency by procla-
mation. Such proclamation shall immediately be trans-
mitted to Congress and published in the Federal Register. 
‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE 
EXERCISED.—No powers or authorities made available by 
statute for use during the period of a national emergency 
shall be exercised unless and until the President specifies 
the provisions of law under which the President proposes 
that the President or other officers will act in— 
‘‘(1) a proclamation declaring a national emer-
gency under subsection (a); or 
‘‘(2) one or more Executive orders relating to 
the emergency published in the Federal Register and 
transmitted to Congress. 
‘‘(c) PROHIBITION
ON SUBSEQUENT ACTIONS
IF 
EMERGENCIES NOT APPROVED.— 
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‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint 
resolution of approval is not enacted under section 
203 with respect to a national emergency before the 
expiration of the 30-day period described in section 
202(a), or with respect to a national emergency pro-
posed to be renewed under section 202(b), the Presi-
dent may not, during the remainder of the term of 
office of that President, declare a subsequent na-
tional emergency under subsection (a) with respect 
to the same circumstances. 
‘‘(2) EXERCISE OF AUTHORITIES.—If a joint 
resolution of approval is not enacted under section 
203 with respect to a power or authority specified by 
the President in a proclamation under subsection (a) 
or an Executive order under subsection (b)(2) with 
respect to a national emergency, the President may 
not, during the remainder of the term of office of 
that President, exercise that power or authority with 
respect to that emergency. 
‘‘(d) EFFECT OF FUTURE LAWS.—No law enacted 
after the date of the enactment of this Act shall supersede 
this title unless it does so in specific terms, referring to 
this title, and declaring that the new law supersedes the 
provisions of this title. 
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‘‘SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMER-
GENCIES. 
‘‘(a) TEMPORARY EFFECTIVE PERIODS.— 
‘‘(1) IN GENERAL.—A declaration of a national 
emergency shall remain in effect for 30 days from 
the issuance of the proclamation under section 
201(a) (not counting the day on which the proclama-
tion was issued) and shall terminate when that 30- 
day period expires unless there is enacted into law 
a joint resolution of approval under section 203 with 
respect to the proclamation. 
‘‘(2) EXERCISE
OF
POWERS
AND
AUTHORI-
TIES.—Any emergency power or authority made 
available under a provision of law specified pursuant 
to section 201(b) may be exercised pursuant to a 
declaration of a national emergency for 30 days 
from the issuance of the proclamation or Executive 
order (not counting the day on which such proclama-
tion or Executive order was issued). That power or 
authority may not be exercised after that 30-day pe-
riod expires unless there is enacted into law a joint 
resolution of approval under section 203 approv-
ing— 
‘‘(A) the proclamation of the national 
emergency or the Executive order; and 
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‘‘(B) the exercise of the power or authority 
specified by the President in such proclamation 
or Executive order. 
‘‘(3) EXCEPTION IF CONGRESS IS UNABLE TO 
CONVENE.—If Congress is physically unable to con-
vene as a result of an armed attack upon the United 
States or another national emergency, the 30-day 
periods described in paragraphs (1) and (2) shall 
begin on the first day Congress convenes for the 
first time after the attack or other emergency. 
‘‘(b) RENEWAL OF NATIONAL EMERGENCIES.—A na-
tional emergency declared by the President under section 
201(a) or previously renewed under this subsection, and 
not already terminated pursuant to subsection (a) or (c), 
shall terminate on the date that is one year after the 
President transmitted to Congress the proclamation de-
claring the emergency or Congress approved a previous re-
newal pursuant to this subsection, unless— 
‘‘(1) the President publishes in the Federal 
Register and transmits to Congress an Executive 
order renewing the emergency; and 
‘‘(2) there is enacted into law a joint resolution 
of approval renewing the emergency pursuant to sec-
tion 203 before the termination of the emergency or 
previous renewal of the emergency. 
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‘‘(c) TERMINATION OF NATIONAL EMERGENCIES.— 
‘‘(1) IN
GENERAL.—Any national emergency 
declared by the President under section 201(a) shall 
terminate on the earliest of— 
‘‘(A) the date provided for in subsection 
(a); 
‘‘(B) the date provided for in subsection 
(b); 
‘‘(C) the date specified in an Act of Con-
gress terminating the emergency; or 
‘‘(D) the date specified in a proclamation 
of the President terminating the emergency. 
‘‘(2) EFFECT OF TERMINATION.— 
‘‘(A) IN GENERAL.—Effective on the date 
of the termination of a national emergency 
under paragraph (1)— 
‘‘(i) except as provided by subpara-
graph (B), any powers or authorities exer-
cised by reason of the emergency shall 
cease to be exercised; 
‘‘(ii) any amounts reprogrammed or 
transferred under any provision of law 
with respect to the emergency that remain 
unobligated on that date shall be returned 
and made available for the purpose for 
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