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More about the National Emergencies Act reform bill HSGAC passed today: it’s the ARTICLE ONE Act, sponsored by @SenMikeLee. Even though all the cosponsors are Republicans, the bill passed out of committee on a strong bipartisan vote. (Time for some Dems to cosponsor!!) 1/12
Here's the bill’s central reform: any presidentially declared national emergency will expire in 30 days unless approved by Congress. It can then last up to a year, but if the president wants to renew for a second year (or beyond), he needs congressional approval each time. 2/12
The bill also includes various reporting provisions to make the operation of emergency powers more transparent—including the rather basic requirement that the president has to periodically tell Congress what he’s doing with those powers. 3/12
Unfortunately, the bill exempts emergency declarations that invoke the International Emergency Economic Powers Act (IEEPA). This is by far the most frequently used emergency power, so that’s a pretty big exception. 4/12
But IEEPA is a popular authority in Congress, and members charged with overseeing its use have become a bit complacent that presidents can be trusted to use it wisely. 5/12
There was talk at the markup that IEEPA should be addressed, but separately. Let’s hope members on the relevant committees follow through on that. If not, we’ll just have to wait until some president (I wonder who?) badly abuses IEEPA, and then maybe Congress will act. 6/12
In the meantime, the bill would apply to more than 100 other emergency powers, including powers to seize communications facilities, control domestic transportation, and detail troops to foreign countries. 7/12
Having overseen the @BrennanCenter's project to catalogue these powers, I, for one, would sleep a bit more soundly knowing that there are stronger checks on their use. 8/12 brennancenter.org/analysis/emerg…
And guess what else the bill doesn’t exempt? The border wall emergency. If the bill becomes law, Trump will need Congress's approval to renew that emergency next February. Given that Congress voted to terminate the emergency, I don’t think renewal would be in the cards. 9/12
In short, this bill would take a pretty giant step toward preventing future abuses of emergency authorities and reclaiming some of the power Congress has delegated away to the president over the past 40 years. That’s a big deal. 10/12
If you agree, please thank the following members, who worked hard to craft a meaningful bill that could (and did) garner strong bipartisan support: @SenMikeLee, @SenRonJohnson, @SenGaryPeters, and @senrobportman. 11/12
@senatemajldr McConnell should listen to his caucus and bring this vote to the floor now. And Democrats and Republicans should work together in the House, as they did in the Senate, to pass similar reform. This isn’t about politics; it’s about saving our democracy. 12/12
