R46567 — National Emergencies Act: Expedited Procedures in the House and Senate

The National Emergencies Act of 1976 (NEA) provides Congress with expedited parliamentary procedures for the consideration of a joint resolution terminating a national emergency (referred to here as a “termination resolution”), and it establishes a six-month congressional review period for ongoing national emergencies. These “fast track” procedures are intended to limit consideration and allow a simple majority to reach a final vote in each chamber by setting deadlines for action on the measure at each stage of its consideration. However, the NEA is silent on most other aspects of consideration, unlike many more recent statutory procedures that typically include more specific instructions. Some insight regarding the possible operation of the procedures provided in the statute may be found in precedents established in relation to the War Powers Resolution of 1973 (WPR), after which the NEA’s procedures were patterned. This statutory rule presents a number of procedural ambiguities. The text of the NEA does not provide guidance on how the deadlines established by the act are to be calculated. Furthermore, there is no precise text stipulated by the NEA, although every termination resolution submitted to date has been drafted in the same form. Furthermore, the text of the statutory rule suggests that any such measure is fully amendable in the House and Senate, including by nongermane amendment. If the Senate were to apply a 2018 WPR precedent to the NEA, then any amendments to a termination resolution would have to be germane. The House’s standing rules require amendments to be germane. The NEA establishes a six-month review period for ongoing national emergencies. The text of the act suggests that Congress would vote within every six-month period that a national emergency remains active. However, in practice, the House and Senate appear to have interpreted this language to mean that a termination resolution can be considered every six months under expedited procedures, if such legislation is introduced, but that Congress is not required to vote every six months on national emergencies. Upon introduction and referral of a termination resolution, the NEA directs committees to report the measure within 15 calendar days. A privileged motion to discharge becomes available in the House if a committee has not reported within this period of time. In the Senate, the committee of referral is automatically discharged after the expiration of the 15-calendar-day consideration period. Once a committee has reported or been discharged, the termination resolution is to become the pending business of the chamber, which must vote on passage within three calendar days thereafter, unless the chamber votes otherwise. In the House, consideration is likely to be structured by a special rule reported by the Committee on Rules and adopted by the House. Absent that, a privileged motion to take up the measure likely becomes available in the House. In the Senate, a motion to proceed to consideration may not be necessary, as the act states that any measure reported “shall become the pending business.” The Senate interpreted an identical three-day deadline under the WPR to mean that a vote on passage will occur 72 hours after the measure has been reported and could choose to apply the same interpretation to the NEA. In the event the text of each chamber’s termination resolution is different, the NEA calls for the prompt appointment of conferees. The conference committee is directed to report back to each respective chamber within six calendar days. The House and Senate, in turn, are also directed to vote on the resulting conference report not later than six calendar days after the report is first filed. To date, 16 termination resolutions have been submitted to Congress, all of which have been considered under alternative parliamentary mechanisms. Congress, to some degree, has acted on 13 of these measures. Only one termination resolution has been enacted into law—H.J.Res. 7 during the 118th Congress (2023-2024). Staff are advised to consult the House and Senate Parliamentarians regarding how legislation might be considered under the NEA.

Curated by CRS — every bill listed in this report's relatedMaterials. Edge type cited_in_report, gold confidence.

• S 870 — An act to authorize appropriations for the United States Fire Administration and firefighter assista · 118th Cong
• HJRES 79 — Relating to a national emergency declared by the President on May 11, 2004. · 118th Cong
• HRES 75 — Providing for consideration of the joint resolution (H.J. Res. 7) relating to a national emergency d · 118th Cong
• HJRES 74 — Relating to a national emergency declared by the President on May 16, 2012. · 118th Cong
• HJRES 71 — Relating to a national emergency declared by the President on May 22, 2003. · 118th Cong
• HJRES 70 — Relating to a national emergency declared by the President on February 25, 2011. · 118th Cong
• HJRES 68 — Relating to a national emergency declared by the President on October 27, 2006. · 118th Cong
• HJRES 7 — Relating to a national emergency declared by the President on March 13, 2020. · 118th Cong