National Emergencies Act: Expedited Procedures in the House and Senate

Changes from October 14, 2020 to February 21, 2023

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

National Emergencies Act: Expedited
~~October 14, 2020~~February 21, 2023
Procedures in the House and Senate
Michael Greene
The National Emergencies Act of 1976 (NEA) provides Congress with expedited parliamentary The National Emergencies Act of 1976 (NEA) provides Congress with expedited parliamentary
Analyst on Congress and Analyst on Congress and
procedures for the consideration of a joint resolution terminating a national emergency (referred procedures for the consideration of a joint resolution terminating a national emergency (referred
the Legislative Process the Legislative Process
to here as a “termination resolution”), and it establishes a six-month congressional review period 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 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 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 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 on most other aspects of consideration, unlike many more recent statutory procedures that typically include more specific
instructions. To date, only instructions. To date, only ~~six~~10 joint resolutions eligible for expedited consideration under the NEA have been submitted to joint resolutions eligible for expedited consideration under the NEA have been submitted to
Congress, all of which have been considered under alternative parliamentary mechanisms. Some insight regarding the Congress, all of which have been considered under alternative parliamentary mechanisms. Some insight regarding the
possible operation of the procedures provided in the statute may be found in precedents established in relation to the War 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. 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 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 deadlines established by the ~~Act~~act are to be calculated. Furthermore, there is no precise text stipulated by the NEA, although 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 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 suggests that any such measure is fully amendable in the House and Senate, including by ~~non-germane~~nongermane amendment. If the amendment. If the
Senate were to apply a 2018 WPR precedent to the NEA, then any amendments to a terminating joint resolution would have Senate were to apply a 2018 WPR precedent to the NEA, then any amendments to a terminating joint resolution would have
to be germane. The House’s standing rules require amendments to be germane. 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 The NEA establishes a six-month review period for ongoing national emergencies. The text of the ~~Act~~act suggests that Congress suggests that Congress
would vote within every six month period that a national emergency remains active. However, in practice, the House and 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 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 under expedited procedures, if such legislation is introduced, but that Congress is not required to vote every six months on
national emergencies. national emergencies.
Upon introduction and referral of a termination resolution, the NEA directs committees to report the measure within 15 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 calendar days. A privileged motion to discharge becomes available in the House if a committee has not reported within this
period of time. The mechanism of discharge in the Senate is less clear. Under the WPR, certain resolutions are discharged period of time. The mechanism of discharge in the Senate is less clear. Under the WPR, certain resolutions are discharged
automatically. If the Senate applied the same precedent to a termination resolution considered under the NEA, automatic automatically. If the Senate applied the same precedent to a termination resolution considered under the NEA, automatic
discharge would preclude the need for a motion on the floor to achieve the same result. discharge would preclude the need for a motion on the floor to achieve the same result.
Once a committee has reported or been discharged, the termination resolution is to become the pending business of the 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 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, 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 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 motion to proceed to consideration may not be necessary, as the ~~Act~~act states that any measure reported “shall become the 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 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. 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 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 conferees. The conference committee is directed to report back to each respective chamber within six calendar days. The
House and Senate, in turn, House and Senate, in turn, ~~also are~~are also directed to vote on the resulting conference report not later than six calendar days after the directed to vote on the resulting conference report not later than six calendar days after the
report is first filed. report is first filed.
Staff are advised to consult the House and Senate Parliamentarians regarding how legislation might be considered under the Staff are advised to consult the House and Senate Parliamentarians regarding how legislation might be considered under the
NEA. NEA.
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National Emergencies Act: Expedited Procedures in the House and Senate

Introduction
The declaration of a national emergency by the President, pursuant to the National Emergencies The declaration of a national emergency by the President, pursuant to the National Emergencies
Act (NEA), grants access to powers and authorities under certain statutes that would not Act (NEA), grants access to powers and authorities under certain statutes that would not
otherwise be in effect.1 The NEA was enacted during the 94th Congress (1975-1976), following otherwise be in effect.1 The NEA was enacted during the 94th Congress (1975-1976), following
congressional concerns about the continuous nature of invoked emergency authorities and the congressional concerns about the continuous nature of invoked emergency authorities and the
absence of congressional review after their activation.2 The legislation terminated existing absence of congressional review after their activation.2 The legislation terminated existing
national emergencies and created a pair of mechanisms for congressional oversight of future national emergencies and created a pair of mechanisms for congressional oversight of future
presidential emergency declarations. This oversight includes procedures for expedited presidential emergency declarations. This oversight includes procedures for expedited
consideration of legislation terminating a national emergency, and continuous six-month review consideration of legislation terminating a national emergency, and continuous six-month review
periods for Congress to consider taking up such legislation. This report focuses on the periods for Congress to consider taking up such legislation. This report focuses on the
congressional procedures created by the NEA for the consideration of a joint resolution congressional procedures created by the NEA for the consideration of a joint resolution
terminating a national emergency declaration (referred to in this report as a “termination terminating a national emergency declaration (referred to in this report as a “termination
resolution”). For a discussion of executive branch authorities and requirements under the NEA, resolution”). For a discussion of executive branch authorities and requirements under the NEA,
see CRS Report 98-505, see CRS Report 98-505, National Emergency Powers, by L. Elaine Halchin. , by L. Elaine Halchin.
As one of the older expedited procedures still in effect, the NEA is less detailed than many more As one of the older expedited procedures still in effect, the NEA is less detailed than many more
recent statutes with similar goals, which often contain more explicit instructions for Congress at recent statutes with similar goals, which often contain more explicit instructions for Congress at
each stage of a measure’s consideration.3 While the expedited procedures found in the NEA each stage of a measure’s consideration.3 While the expedited procedures found in the NEA
appear relatively straightforward as written, they are silent on a number of aspects of procedural appear relatively straightforward as written, they are silent on a number of aspects of procedural
consideration (e.g., amendments, committee discharge). Interpretation of these expedited consideration (e.g., amendments, committee discharge). Interpretation of these expedited
procedures is also complicated by a number of factors: procedures is also complicated by a number of factors:
 The procedures, as written, almost exclusively provide deadlines for action at  The procedures, as written, almost exclusively provide deadlines for action at
each step of consideration in each chamber. These deadlines, however, lack any each step of consideration in each chamber. These deadlines, however, lack any
explicit procedural enforcement mechanisms to ensure certain procedural actions explicit procedural enforcement mechanisms to ensure certain procedural actions
occur in the absence of congressional action in compliance with them. occur in the absence of congressional action in compliance with them.
 The legislative history of the NEA provides little additional insight into  The legislative history of the NEA provides little additional insight into
congressional intent regarding the precise execution of procedures meant to congressional intent regarding the precise execution of procedures meant to
expedite consideration of legislation to terminate a national emergency. expedite consideration of legislation to terminate a national emergency.
 There are limited precedents on how legislation terminating a national emergency  There are limited precedents on how legislation terminating a national emergency
might be considered in each chamber. Only a handful of joint resolutions have might be considered in each chamber. Only a handful of joint resolutions have
been introduced on the subject, and none of those instances fully utilized the been introduced on the subject, and none of those instances fully utilized the
statutory expedited procedures provided under the NEA. statutory expedited procedures provided under the NEA.

1 For a list of statutes the President could invoke during a national emergency, see the “Statutory Authorities Triggered 1 For a list of statutes the President could invoke during a national emergency, see the “Statutory Authorities Triggered
by Declaration or Existence of National Emergency” section of CRS Report RL31133, by Declaration or Existence of National Emergency” section of CRS Report RL31133, Declarations of War and
Authorizations for the Use of Military Force: Historical Background and Legal Implications, by Jennifer K. Elsea and , by Jennifer K. Elsea and
Matthew C. Weed. Note as well that other kinds of emergency declarations can be made by the President or certain Matthew C. Weed. Note as well that other kinds of emergency declarations can be made by the President or certain
executive branch officials pursuant to other statutory frameworks, independent of the provisions of the NEA (e.g., an executive branch officials pursuant to other statutory frameworks, independent of the provisions of the NEA (e.g., an
“emergency” or “major disaster,” as defined by 42 U.S.C. §5122, can be declared by the President pursuant to the “emergency” or “major disaster,” as defined by 42 U.S.C. §5122, can be declared by the President pursuant to the
Stafford Act to access authorities not otherwise available through a national emergency declaration pursuant to the Stafford Act to access authorities not otherwise available through a national emergency declaration pursuant to the
NEA). For more information, see CRS Report R46379, NEA). For more information, see CRS Report R46379, Emergency Authorities Under the National Emergencies Act,
Stafford Act, and Public Health Service Act, coordinated by Jennifer K. Elsea. , coordinated by Jennifer K. Elsea.
2 P.L. 94-412; 2 P.L. 94-412; 1550 U.S.C. §1601 et seq. U.S.C. §1601 et seq.
3 See CRS Report RS20234, 3 See CRS Report RS20234, Expedited or “Fast-Track” Legislative Procedures, by Christopher M. Davis, for an , by Christopher M. Davis, for an
overview discussion of the types of provisions included in many modern expedited procedures. overview discussion of the types of provisions included in many modern expedited procedures.
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National Emergencies Act: Expedited Procedures in the House and Senate

Despite these uncertainties, it is apparent that these procedures—as with most expedited Despite these uncertainties, it is apparent that these procedures—as with most expedited
procedure statutes—are intended to limit debate so that a numerical majority might reach procedure statutes—are intended to limit debate so that a numerical majority might reach
a final vote in each chamber. a final vote in each chamber.
This report first summarizes the procedures as written in the NEA itself. A brief This report first summarizes the procedures as written in the NEA itself. A brief
examination of the legislative history to the NEA then connects these procedures with examination of the legislative history to the NEA then connects these procedures with
similar ones adopted in the War Powers Resolution of 1973 (WPR).4 The Senate has similar ones adopted in the War Powers Resolution of 1973 (WPR).4 The Senate has
established a greater body of floor precedents during consideration of WPR measures, established a greater body of floor precedents during consideration of WPR measures,
which may provide insight into how a termination resolution might be considered under which may provide insight into how a termination resolution might be considered under
the NEA’s procedures. Using WPR-related precedents to supplement ones associated the NEA’s procedures. Using WPR-related precedents to supplement ones associated
with the NEA, the report next examines each phase of consideration for expedited with the NEA, the report next examines each phase of consideration for expedited
consideration of a resolution of termination, including a discussion of any associated consideration of a resolution of termination, including a discussion of any associated
procedural ambiguities. The report concludes with short case studies of how Congress procedural ambiguities. The report concludes with short case studies of how Congress
has chosen to consider legislation terminating national emergencies in three recent has chosen to consider legislation terminating national emergencies in three recent
instances. instances.
Overview of Congressional Procedures ~~under~~Under the
NEA
Expedited Procedures
Under Section 202(c) of the NEA (50 U.S.CUnder Section 202(c) of the NEA (50 U.S.C. §1622(c)), a joint resolution to terminate a national §1622(c)), a joint resolution to terminate a national
emergency declared by the President can be introduced in either chamber at any time. Upon emergency declared by the President can be introduced in either chamber at any time. Upon
introduction, such a resolution is referred to the “appropriate committee” of jurisdiction.5 The introduction, such a resolution is referred to the “appropriate committee” of jurisdiction.5 The ~~Act~~act
then sets the following deadlines for expedited consideration of the terminating resolution: then sets the following deadlines for expedited consideration of the terminating resolution:
 The committee of referral is to report one joint resolution along with its  The committee of referral is to report one joint resolution along with its
recommendations within 15 calendar days after the day of referral, unless the recommendations within 15 calendar days after the day of referral, unless the
chamber “shall otherwise determine by the yeas and nayschamber “shall otherwise determine by the yeas and nays.””;
 Once reported, the terminating resolution “shall become the pending business” of  Once reported, the terminating resolution “shall become the pending business” of
the chamber and a vote on final passage is to occur within three calendar days the chamber and a vote on final passage is to occur within three calendar days
thereafter (unless the chamber “shall otherwise determine by yeas and nays”)thereafter (unless the chamber “shall otherwise determine by yeas and nays”);.
 After passage in the first chamber, the termination resolution is transmitted to the  After passage in the first chamber, the termination resolution is transmitted to the
other chamber and is subject to the same process (15 calendar days for the other chamber and is subject to the same process (15 calendar days for the
second-chamber committee to report and then 3 calendar days for a floor vote on second-chamber committee to report and then 3 calendar days for a floor vote on
final passage).6 final passage).6

4 P.L. 93-148, officially called the War Powers Resolution, is sometimes interchangeably referred to as the War Powers 4 P.L. 93-148, officially called the War Powers Resolution, is sometimes interchangeably referred to as the War Powers
Act. Many of the legislative history documents accompanying the National Emergencies Act use the War Powers Act Act. Many of the legislative history documents accompanying the National Emergencies Act use the War Powers Act
title when referencing that statute. title when referencing that statute.
5 The NEA specifically states referral to a single committee, in contrast with the current House Rule that requires 5 The NEA specifically states referral to a single committee, in contrast with the current House Rule that requires
legislation be referred to all committees with jurisdiction over the subject matter in the text of a bill or resolution. legislation be referred to all committees with jurisdiction over the subject matter in the text of a bill or resolution.
House Rules changes allowing for the referral of legislation to multiple committees took effect at the start of the 94th House Rules changes allowing for the referral of legislation to multiple committees took effect at the start of the 94th
Congress, on January 3, 1975. The NEA was enacted on September 14, 1976, over a year later. It is unclear whether the Congress, on January 3, 1975. The NEA was enacted on September 14, 1976, over a year later. It is unclear whether the
NEA’s requirement that terminating resolutions be referred to a single committee in the House was intentional to allow NEA’s requirement that terminating resolutions be referred to a single committee in the House was intentional to allow
for more expedited consideration or unintentionally did not account for the then-new rules change allowing for referral for more expedited consideration or unintentionally did not account for the then-new rules change allowing for referral
of legislation to multiple committees. of legislation to multiple committees.
6 The NEA specifically provides that “a joint resolution passed by one House shall be referred to the appropriate 6 The NEA specifically provides that “a joint resolution passed by one House shall be referred to the appropriate
committee of the other House” (50 U.S.Ccommittee of the other House” (50 U.S.C. §1622(c)(3)), though the measure could instead be held at the desk pursuant §1622(c)(3)), though the measure could instead be held at the desk pursuant
to the terms of a special rule or by unanimous consent. to the terms of a special rule or by unanimous consent.
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 If the resolution passes the second chamber, the House and Senate are directed to  If the resolution passes the second chamber, the House and Senate are directed to
“promptly appoint” conferees to resolve any differences that may occur on the “promptly appoint” conferees to resolve any differences that may occur on the
legislation between the two chamberslegislation between the two chambers;.
 The conference committee is to report within six calendar days beginning on the  The conference committee is to report within six calendar days beginning on the
day after conferees are appointed, and the committee is directed to report in day after conferees are appointed, and the committee is directed to report in
disagreement within 48 hours if it fails to come to a resolution. disagreement within 48 hours if it fails to come to a resolution.
 Lastly, a vote on the conference report is to be held not later than six calendar  Lastly, a vote on the conference report is to be held not later than six calendar
days after the report is first filed in either chamber, notwithstanding any rules days after the report is first filed in either chamber, notwithstanding any rules
regarding the printing or layover of such report. regarding the printing or layover of such report.
Only Only ~~six~~10 termination resolutions have been submitted over the history of the termination resolutions have been submitted over the history of the ~~Act~~act. Both the House . Both the House
and the Senate have typically chosen to structure consideration of such measures through other and the Senate have typically chosen to structure consideration of such measures through other
parliamentary means (primarily through adoption of a special rule reported by the Rules parliamentary means (primarily through adoption of a special rule reported by the Rules
Committee in the House and a unanimous consent agreement in the Senate) rather than relying on Committee in the House and a unanimous consent agreement in the Senate) rather than relying on
the statutory procedures described above. These alternative modes of consideration lend greater the statutory procedures described above. These alternative modes of consideration lend greater
flexibility to both chambers and arguably provide greater procedural clarity than the procedures flexibility to both chambers and arguably provide greater procedural clarity than the procedures
laid out under the NEA. laid out under the NEA.
Six-Month Review Period
A six-month reoccurring termination review period for ongoing national emergencies is provided A six-month reoccurring termination review period for ongoing national emergencies is provided
for in Section 202(b) of the NEA (50 U.S.C. §1622(b)). In practice, it appears Congress has for in Section 202(b) of the NEA (50 U.S.C. §1622(b)). In practice, it appears Congress has
interpreted this statute as providing an opportunity to deliberate and vote every six months. interpreted this statute as providing an opportunity to deliberate and vote every six months.
Congress does not meet and routinely consider terminating legislation on national emergencies Congress does not meet and routinely consider terminating legislation on national emergencies
every six months. every six months.
The text of Section 202(b) specifies that no later than six months after a national emergency is The text of Section 202(b) specifies that no later than six months after a national emergency is
declared and for every six-month period the emergency remains active thereafter, “each House of declared and for every six-month period the emergency remains active thereafter, “each House of
Congress shall meet to consider a vote on a joint resolution to determine whether that emergency Congress shall meet to consider a vote on a joint resolution to determine whether that emergency
shall be terminated.” In practice, it does not appear that Congress has consistently met to review shall be terminated.” In practice, it does not appear that Congress has consistently met to review
the status of ongoing national emergencies. the status of ongoing national emergencies.
The Senate Committee on Foreign Relations met during two consecutive six-month periods The Senate Committee on Foreign Relations met during two consecutive six-month periods
during the 96th Congress (1979-1980) in relation to a national emergency declared by President during the 96th Congress (1979-1980) in relation to a national emergency declared by President
Carter regarding Iran.7 Following committee consideration, letters were sent to the President by Carter regarding Iran.7 Following committee consideration, letters were sent to the President by
the the ~~Chair and Ranking Member~~chair and ranking member of the Committee on Foreign Relations and published in the of the Committee on Foreign Relations and published in the
Congressional Record stating that the committee met pursuant to the requirements of the NEA stating that the committee met pursuant to the requirements of the NEA
and that it determined that a joint resolution terminating the national emergency was not and that it determined that a joint resolution terminating the national emergency was not
warranted.8 Since that time, CRS has not identified any public record of Congress or its warranted.8 Since that time, CRS has not identified any public record of Congress or its
committees meeting to discuss terminating an ongoing national emergency until the introduction committees meeting to discuss terminating an ongoing national emergency until the introduction
of a terminating resolution in the House during the 109th Congress (2005-2006).9 of a terminating resolution in the House during the 109th Congress (2005-2006).9

7 E.O. 12170; 44 7 E.O. 12170; 44 Federal Register 65729. 65729.
8 See 8 See Congressional Record, vol. 126, (May 14, 1980), pp. 11270-11271; and , vol. 126, (May 14, 1980), pp. 11270-11271; and Congressional Record, vol. 126, , vol. 126,
(November 20, 1980), p. 30385. Notably, the chair of the Foreign Relations Committee at that time, Senator Frank (November 20, 1980), p. 30385. Notably, the chair of the Foreign Relations Committee at that time, Senator Frank
Church (D-ID), had previously served as the chair of the Special Committee on Termination of the National Church (D-ID), had previously served as the chair of the Special Committee on Termination of the National
Emergency—the committee which proposed draft legislation that heavily influenced the final text of the enacted NEA. Emergency—the committee which proposed draft legislation that heavily influenced the final text of the enacted NEA.
Given his role in crafting the legislation, it is perhaps unsurprising that his committee would pay attention to the intent Given his role in crafting the legislation, it is perhaps unsurprising that his committee would pay attention to the intent
of the NEA in this regard. of the NEA in this regard.
9 See the section entitled 9 See the section entitled “H.J.Res. 69, 109th Congress” for more discussion of House action on that measure. for more discussion of House action on that measure.
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The subject of terminating a national emergency would not reemerge until the 116th Congress, The subject of terminating a national emergency would not reemerge until the 116th Congress,
during which multiple resolutions were introduced in response to a national emergency declared during which multiple resolutions were introduced in response to a national emergency declared
by President Trump regarding the southern border of the United States.10 by President Trump regarding the southern border of the United States.10
A Brief Legislative History of the NEA
Legislative efforts to reform the status of national emergencies began in the Senate with the Legislative efforts to reform the status of national emergencies began in the Senate with the
creation of the Special Committee on Termination of the National Emergency during the 92nd creation of the Special Committee on Termination of the National Emergency during the 92nd
Congress (1971-1972).11 The committee was initially formed to study the potential effects of Congress (1971-1972).11 The committee was initially formed to study the potential effects of
terminating the only known active national emergency at the time, which had been declared by terminating the only known active national emergency at the time, which had been declared by
President Truman in 1950, in relation to “communist imperialism.”12 In pursuing its task, the President Truman in 1950, in relation to “communist imperialism.”12 In pursuing its task, the
committee discovered that there were actually a total of four national emergency declarations committee discovered that there were actually a total of four national emergency declarations
actively in effect.13 The committee’s work culminated in the 93rd Congress (1973-1974) with the actively in effect.13 The committee’s work culminated in the 93rd Congress (1973-1974) with the
introduction of legislation containing its recommendations—S. 3957, the National Emergencies introduction of legislation containing its recommendations—S. 3957, the National Emergencies
Act, which was introduced on October 8, 1974. Language adding expedited procedures for Act, which was introduced on October 8, 1974. Language adding expedited procedures for
terminating a national emergency first appeared in an amendment in the nature of a substitute terminating a national emergency first appeared in an amendment in the nature of a substitute
offered during floor consideration of S. 3957. The amendment was offered by Senator Charles offered during floor consideration of S. 3957. The amendment was offered by Senator Charles
Mathias, on behalf of the members of the Special Committee on National Emergencies and Mathias, on behalf of the members of the Special Committee on National Emergencies and
Delegated Emergency Powers and himself (as co-chair of that committee). It was agreed to and Delegated Emergency Powers and himself (as co-chair of that committee). It was agreed to and
passed without objection after brief remarks from Senator Mathias and Senator William Roth. S. passed without objection after brief remarks from Senator Mathias and Senator William Roth. S.
3957 saw no action taken by the House beyond referral to committee. Further legislative efforts 3957 saw no action taken by the House beyond referral to committee. Further legislative efforts
on national emergencies reform would not resume until the next Congress. on national emergencies reform would not resume until the next Congress.
Consideration of the issues raised by S. 3957 continued in the 94th Congress (1975-1976) when Consideration of the issues raised by S. 3957 continued in the 94th Congress (1975-1976) when
members of the House Committee on the Judiciary introduced H.R. 3884, “A bill to terminate members of the House Committee on the Judiciary introduced H.R. 3884, “A bill to terminate
certain authorities with respect to national emergencies still in effect, and to provide for orderly certain authorities with respect to national emergencies still in effect, and to provide for orderly
implementation and termination of future national emergencies” on February 27, 1975.14 The bill, implementation and termination of future national emergencies” on February 27, 1975.14 The bill,
as introduced, contained expedited procedures for the consideration of a concurrent termination as introduced, contained expedited procedures for the consideration of a concurrent termination
resolution identical to those contained in S. 3957 as passed in the Senate during the previous resolution identical to those contained in S. 3957 as passed in the Senate during the previous
Congress. The Committee on the Judiciary reported H.R. 3884 with amendments on May 21, Congress. The Committee on the Judiciary reported H.R. 3884 with amendments on May 21,
1975. In its report, the committee noted that the bill’s expedited procedures “are very similar to 1975. In its report, the committee noted that the bill’s expedited procedures “are very similar to
those set forth in section 7 of P.L. 93-148, the War Powers Act, of November 7, 1973.”15 those set forth in section 7 of P.L. 93-148, the War Powers Act, of November 7, 1973.”15

10 84 10 84 Federal Register 4949. Further discussion of the two terminating resolutions that saw floor action in Congress can 4949. Further discussion of the two terminating resolutions that saw floor action in Congress can
be found in the sections entitled be found in the sections entitled “H.J.Res. 46, 116th Congress” and and “S.J.Res. 54, 116th Congress.”
11 11 S.Res. 304, 92nd Congress. The Committee was reestablished in the 93rd Congress (1973-1974) by S.Res. 9, and would be continued and The Committee was reestablished in the 93rd Congress (1973-1974) by S.Res. 9, and would be continued and
renamed as the Special Committee on National Emergencies and Delegated Emergency Powers by S.Res. 242 during renamed as the Special Committee on National Emergencies and Delegated Emergency Powers by S.Res. 242 during
the second session. The Committee issued its findings in interim and final reports under this new name. the second session. The Committee issued its findings in interim and final reports under this new name.
12 U.S. President (Truman), “Proclamation 2914: Proclaiming the Existence of a National Emergency,” 12 U.S. President (Truman), “Proclamation 2914: Proclaiming the Existence of a National Emergency,” Public Papers
of the Presidents of the United States: Harry S. Truman, 1950 (Washington: GPO, 1965), pp. 746-747. (Washington: GPO, 1965), pp. 746-747.
13 In addition to the previously mentioned emergency declaration in 1950 by President Truman, the three other 13 In addition to the previously mentioned emergency declaration in 1950 by President Truman, the three other
emergency declarations still found to still be in force at that time includedemergency declarations still found to still be in force at that time included: a President Truman declaration regarding a a President Truman declaration regarding a
“banking crisis,” and two declarations by President Nixon in 1970, pertaining to a “post office strike,” and in 1971 “to “banking crisis,” and two declarations by President Nixon in 1970, pertaining to a “post office strike,” and in 1971 “to
implement currency restrictions and to enforce controls on foreign trade.” See, U.S. Congress, Senate Special implement currency restrictions and to enforce controls on foreign trade.” See, U.S. Congress, Senate Special
Committee on National Emergencies and Delegated Emergency Powers, Committee on National Emergencies and Delegated Emergency Powers, National Emergencies and Delegated
Emergency Powers, 94th Cong., 2nd sess., May 28, 1976, S.Rept. 94-922, pp. 1-7. , 94th Cong., 2nd sess., May 28, 1976, S.Rept. 94-922, pp. 1-7.
14 A Senate companion measure to the National Emergencies Act legislation was submitted in the 94th Congress (S. 977 14 A Senate companion measure to the National Emergencies Act legislation was submitted in the 94th Congress (S. 977
on March 6, 1975), but the Senate acted on the House bill, which was later enacted. on March 6, 1975), but the Senate acted on the House bill, which was later enacted.
15 U.S. Congress, House Committee on the Judiciary, 15 U.S. Congress, House Committee on the Judiciary, National Emergencies, 94th Cong., 1st sess., May 21, 1975, , 94th Cong., 1st sess., May 21, 1975,
~~H.Rept. 94-238, p. 7.~~
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H.R. 3884 was considered on the House floor under the terms of a special rule reported by the H.R. 3884 was considered on the House floor under the terms of a special rule reported by the
House Committee on Rules on September 4, 1975. During debate, Representative Romano House Committee on Rules on September 4, 1975. During debate, Representative Romano
Mazzoli (D-KY) spoke about the bill’s congressional review period for national emergencies, Mazzoli (D-KY) spoke about the bill’s congressional review period for national emergencies,
stating “every 6 months after declaration of a national emergency this bill requires that the stating “every 6 months after declaration of a national emergency this bill requires that the
Congress consider such a resolution of termination.” Representative Mazzoli argued thatCongress consider such a resolution of termination.” Representative Mazzoli argued that:
by adopting H.R. 3884 we are consciously and deliberately forcing ourselves to come by adopting H.R. 3884 we are consciously and deliberately forcing ourselves to come to to
grips periodically—and ultimately—with the vexing problems of national emergencies. grips periodically—and ultimately—with the vexing problems of national emergencies.
The blame as well as the glory will be on the shoulders of the Congress in the years ahead. The blame as well as the glory will be on the shoulders of the Congress in the years ahead.
But that is as it is supposed to be—that is the responsible course to take.16 But that is as it is supposed to be—that is the responsible course to take.16
H.R. 3884 subsequently passed the House, as amended, 388-40. H.R. 3884 subsequently passed the House, as amended, 388-40.
In the Senate, H.R. 3884 was referred to the Committee on Government Operations (predecessor In the Senate, H.R. 3884 was referred to the Committee on Government Operations (predecessor
to the present day Committee on Homeland Security and Governmental Affairs). The bill was to the present day Committee on Homeland Security and Governmental Affairs). The bill was
reported favorably with amendments on August 26, 1976.17 The committee stated in its report that reported favorably with amendments on August 26, 1976.17 The committee stated in its report that
the expedited procedures in the bill were not just similar to those in the War Powers Act, but were the expedited procedures in the bill were not just similar to those in the War Powers Act, but were
specifically “patterned” after them.18 The War Powers procedures themselves were enacted to specifically “patterned” after them.18 The War Powers procedures themselves were enacted to
ensure “a safeguard against the possibility that Congressional action…could be obstructed or ensure “a safeguard against the possibility that Congressional action…could be obstructed or
relayed [sic] through a filibuster or committee pigeonholing.”19 This link between the two acts relayed [sic] through a filibuster or committee pigeonholing.”19 This link between the two acts
suggests that the precedents established under the WPR could possibly be applied by the Senate suggests that the precedents established under the WPR could possibly be applied by the Senate
to expedited consideration of legislation under the NEA. The Senate agreed to the committee-to expedited consideration of legislation under the NEA. The Senate agreed to the committee-
reported amendments and passed H.R. 3884 the next day on August 27.20 The House concurred reported amendments and passed H.R. 3884 the next day on August 27.20 The House concurred
with the Senate’s amendments on August 31, and the bill was sent to the President. H.R. 3884 with the Senate’s amendments on August 31, and the bill was sent to the President. H.R. 3884
was signed by President Gerald Ford and enacted as The National Emergencies Act on September was signed by President Gerald Ford and enacted as The National Emergencies Act on September
14, 1976.21 14, 1976.21
In 1983, a series of court decisions culminating with a ruling from the Supreme Court in In 1983, a series of court decisions culminating with a ruling from the Supreme Court in
Immigration and Naturalization Service v. v. Chadha (462 U.S. 919 (1983)), effectively determined (462 U.S. 919 (1983)), effectively determined
that the “legislative veto” was unconstitutional.22 The court’s decision led Congress to amend that the “legislative veto” was unconstitutional.22 The court’s decision led Congress to amend
dozens of existing disapproval procedures, including the National Emergencies Act, which had dozens of existing disapproval procedures, including the National Emergencies Act, which had
provided for the consideration of a concurrent resolution to disapprove an action taken by the provided for the consideration of a concurrent resolution to disapprove an action taken by the
~~President. In 1985, P.L. 99-93, the “Foreign Relations Authorization Act, Fiscal Years 1986 and~~

H.Rept. 94-238, p. 7. 16 16 Congressional Record, vol. 121 (September 4, 1975), p. 27635. , vol. 121 (September 4, 1975), p. 27635.
17 Most Senate amendments were technical in nature, but one substantive amendment clarified that the law was not 17 Most Senate amendments were technical in nature, but one substantive amendment clarified that the law was not
granting the President any authority additional to that already in existing statutes to declare an emergency. U.S. granting the President any authority additional to that already in existing statutes to declare an emergency. U.S.
Congress, Senate Committee on Government Operations, Congress, Senate Committee on Government Operations, National Emergencies Act, 94th Cong., 2nd sess., August 26, , 94th Cong., 2nd sess., August 26,
1976, S.Rept. 94-1168 (Washington: GPO, 1976), p. 3. 1976, S.Rept. 94-1168 (Washington: GPO, 1976), p. 3.
18 Ibid, p. 4. 18 Ibid, p. 4.
19 U.S. Congress, Senate Committee on Foreign Relations, 19 U.S. Congress, Senate Committee on Foreign Relations, War Powers, 93rd Cong., 1st sess., June 14, 1973, S.Rept. , 93rd Cong., 1st sess., June 14, 1973, S.Rept.
93-220, p. 30. 93-220, p. 30.
20 20 Congressional Record, vol. 122 (August 27, 1975), pp. 28224-28227. , vol. 122 (August 27, 1975), pp. 28224-28227.
21 The following year, H.R. 7738, the International Emergency Economic Powers Act (IEEPA) was enacted as P.L. 95-21 The following year, H.R. 7738, the International Emergency Economic Powers Act (IEEPA) was enacted as P.L. 95-
223. The legislation grants the President the ability to declare a national emergency regarding a situation “with any 223. The legislation grants the President the ability to declare a national emergency regarding a situation “with any
unusual and extraordinary threat, which has its source in whole or substantial part outside the United States,” and unusual and extraordinary threat, which has its source in whole or substantial part outside the United States,” and
provides Congress the option of terminating such a declaration using the same expedited parliamentary procedures provides Congress the option of terminating such a declaration using the same expedited parliamentary procedures
contained in the NEA. CRS did not identify any examples, as of the 116th Congress (2019-2020), of a joint resolution contained in the NEA. CRS did not identify any examples, as of the 116th Congress (2019-2020), of a joint resolution
introduced in the House or Senate terminating an international emergency declared under IEEPA. introduced in the House or Senate terminating an international emergency declared under IEEPA.
22 The legislative veto refers to passage of a concurrent or simple resolution—not requiring the President’s signature to 22 The legislative veto refers to passage of a concurrent or simple resolution—not requiring the President’s signature to
go into effect, but unilaterally effecting Presidential powers. For further discussion on the court’s ruling, see Charles go into effect, but unilaterally effecting Presidential powers. For further discussion on the court’s ruling, see Charles
W. Johnson, John V. Sullivan, and Thomas J. WickhamW. Johnson, John V. Sullivan, and Thomas J. Wickham, Jr., Jr., House Practice: A Guide to the Rules, Precedents, and
Practices of the House (Washington: GPO, 2017), Chapter 14, pp. 375-377. (Washington: GPO, 2017), Chapter 14, pp. 375-377.
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President. In 1985, P.L. 99-93, the “Foreign Relations Authorization Act, Fiscal Years 1986 and 1987,” amended the NEA to require the use of a joint resolution instead of a concurrent 1987,” amended the NEA to require the use of a joint resolution instead of a concurrent
resolution. The amended language originated in the Senate and was sponsored by Senator resolution. The amended language originated in the Senate and was sponsored by Senator
Mathias, who cited several reasons for the change: Mathias, who cited several reasons for the change:
First, I am persuaded by the opinion of the Court that the use of a concurrent resolution is First, I am persuaded by the opinion of the Court that the use of a concurrent resolution is
constitutionally inappropriate in this case in matters so grave or serious as a national constitutionally inappropriate in this case in matters so grave or serious as a national
emergency. We must assure the operation of the full constitutional process of lawmaking emergency. We must assure the operation of the full constitutional process of lawmaking
if at all possible. Second, as a practical matter, the view and the power of the Congress is if at all possible. Second, as a practical matter, the view and the power of the Congress is
fully expressed by either means, whether a concurrent resolution or joint resolution. If a fully expressed by either means, whether a concurrent resolution or joint resolution. If a
majority of both Houses are for termination of a national emergency and the President majority of both Houses are for termination of a national emergency and the President
disagrees, we are at the same point of impasse, whether the legislative means is a disagrees, we are at the same point of impasse, whether the legislative means is a
concurrent resolution or a joint resolution. If we come to such an impasse between the concurrent resolution or a joint resolution. If we come to such an impasse between the
President and the Congress, either a two-thirds override is called for or the use of the President and the Congress, either a two-thirds override is called for or the use of the
appropriations power or other constitutionally sound remedies.23 appropriations power or other constitutionally sound remedies.23
Amending the NEA ensured that Congress retained a constitutionally sound procedural tool to Amending the NEA ensured that Congress retained a constitutionally sound procedural tool to
terminate national emergencies after the terminate national emergencies after the Chadha decision.24 decision.24
Expedited Consideration of a Joint Resolution
Because of its more generally worded text, and because there are few examples of the statute’s Because of its more generally worded text, and because there are few examples of the statute’s
application to a congressional measure, there are a number of questions as to how legislation application to a congressional measure, there are a number of questions as to how legislation
might be considered under 50 U.S.C. §1622. However, as noted, the NEA procedures are nearly might be considered under 50 U.S.C. §1622. However, as noted, the NEA procedures are nearly
identical to those in the War Powers Resolution, a parliamentary mechanism with a more robust identical to those in the War Powers Resolution, a parliamentary mechanism with a more robust
history of use. To some extent, therefore, precedents concerning the operation of the War Powers history of use. To some extent, therefore, precedents concerning the operation of the War Powers
Act may provide guidance on how certain procedural aspects of the NEA could be resolved Act may provide guidance on how certain procedural aspects of the NEA could be resolved
during congressional consideration. during congressional consideration.
Each section below examines the stages of consideration of a joint resolution terminating a Each section below examines the stages of consideration of a joint resolution terminating a
national emergency under the expedited procedures of the NEA. Where possible, the discussion national emergency under the expedited procedures of the NEA. Where possible, the discussion
draws on statutory text and prior consideration of termination resolutions. Further guidance is draws on statutory text and prior consideration of termination resolutions. Further guidance is
drawn from WPR precedents when potentially applicable. drawn from WPR precedents when potentially applicable.
The expedited procedures of the NEA, as with all statutory rules enacted into law, are deemed as The expedited procedures of the NEA, as with all statutory rules enacted into law, are deemed as
part of the rules of each chamber. Because Article 1, Section 5, of the Constitution provides that part of the rules of each chamber. Because Article 1, Section 5, of the Constitution provides that
“Each House may determine the Rules of its Proceedings,” so too can the House and Senate “Each House may determine the Rules of its Proceedings,” so too can the House and Senate
choose to modify or ignore the statutory rules of the NEA. The sections below also address how choose to modify or ignore the statutory rules of the NEA. The sections below also address how
the House and Senate might consider a termination resolution by means other than what is the House and Senate might consider a termination resolution by means other than what is
provided in the NEA (e.g., by special rule in the House or by unanimous consent in the Senate). provided in the NEA (e.g., by special rule in the House or by unanimous consent in the Senate).
This information is intended to provide insight on what Congress has done in the past and how This information is intended to provide insight on what Congress has done in the past and how
related precedents could apply. The House and Senate Parliamentarians are the definitive arbiters related precedents could apply. The House and Senate Parliamentarians are the definitive arbiters
of procedural decisions in their respective chambers and should be consulted for authoritative of procedural decisions in their respective chambers and should be consulted for authoritative
advice on the interpretation and application of the NEA procedures. advice on the interpretation and application of the NEA procedures.
~~Legislative Form and Timing of Introduction~~
~~The NEA, as amended, requires legislation terminating a national emergency to be introduced in~~
~~the form of a joint resolution. A joint resolution must be signed by the President or, if vetoed,~~

23 23 Congressional Record, vol. 131 (June 7, 1985), p. 14948. , vol. 131 (June 7, 1985), p. 14948.
24 For further reading, see the “Legislative Veto” section of CRS Report R42699, 24 For further reading, see the “Legislative Veto” section of CRS Report R42699, The War Powers Resolution:
Concepts and Practice, by Matthew C. Weed. , by Matthew C. Weed.
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Legislative Form and Timing of Introduction The NEA, as amended, requires legislation terminating a national emergency to be introduced in the form of a joint resolution. A joint resolution must be signed by the President or, if vetoed, overridden in each chamber of Congress by a two-thirds vote, in order to be enacted into law. overridden in each chamber of Congress by a two-thirds vote, in order to be enacted into law.
Legislation to terminate a national emergency introduced in any other formLegislation to terminate a national emergency introduced in any other form~~, e.g.~~—for example, a bill, simple , a bill, simple
resolution, or concurrent resolutionresolution, or concurrent resolution, —would presumably not be subject to expedited consideration would presumably not be subject to expedited consideration
under NEA. under NEA.
Unlike some other statutory expedited procedures, the NEA neither prescribes specific language Unlike some other statutory expedited procedures, the NEA neither prescribes specific language
that a joint resolution terminating a national emergency must contain, nor does it explicitly limit that a joint resolution terminating a national emergency must contain, nor does it explicitly limit
what language can be included. However, joint resolutions that have been introduced on the what language can be included. However, joint resolutions that have been introduced on the
subject thus far have all been drafted as follows: subject thus far have all been drafted as follows:
Resolved by the Senate and House of Representatives of the United States of America in Resolved by the Senate and House of Representatives of the United States of America in
Congress assembled, That, pursuant to section 202 of the National Emergencies Act (50 Congress assembled, That, pursuant to section 202 of the National Emergencies Act (50
U.S.C. 1622), the national emergency declared by the finding of the President on [date], in U.S.C. 1622), the national emergency declared by the finding of the President on [date], in
Proclamation [proclamation number] [Federal Register citation] is hereby terminated.25 Proclamation [proclamation number] [Federal Register citation] is hereby terminated.25
It is possible that a joint resolution could be drafted in a different form and still be considered It is possible that a joint resolution could be drafted in a different form and still be considered
eligible for expedited consideration.26 eligible for expedited consideration.26
As noted, the NEA states that Congress shall meet to “consider a vote on a joint resolution” to As noted, the NEA states that Congress shall meet to “consider a vote on a joint resolution” to
terminate a national emergency not later than six months after it has been declared by the terminate a national emergency not later than six months after it has been declared by the
President. It further stipulates that Congress shall meet to consider a vote within every six-month President. It further stipulates that Congress shall meet to consider a vote within every six-month
period thereafter while the emergency remains in effect. Because the NEA creates deadlines for period thereafter while the emergency remains in effect. Because the NEA creates deadlines for
consideration during back-to-back six-month windows, expedited consideration of a termination consideration during back-to-back six-month windows, expedited consideration of a termination
resolution seems to be effectively in order at any time (assuming Congress has not already voted resolution seems to be effectively in order at any time (assuming Congress has not already voted
on such a measure within any given six-month period). Furthermore, every six-month period on such a measure within any given six-month period). Furthermore, every six-month period
appears to present a new opportunity for termination resolutions to be considered in an expedited appears to present a new opportunity for termination resolutions to be considered in an expedited
fashion, regardless of whether a termination resolution has been considered and/or voted on in fashion, regardless of whether a termination resolution has been considered and/or voted on in
any prior six-month period. any prior six-month period.
Committee Consideration and Discharge
Under the terms of the statutory rule, a termination resolution is referred to the appropriate Under the terms of the statutory rule, a termination resolution is referred to the appropriate
committee of jurisdiction upon introduction. Unlike some expedited procedures, the NEA does committee of jurisdiction upon introduction. Unlike some expedited procedures, the NEA does
not designate specific committees for referral, nor does it explicitly allow for referral to multiple not designate specific committees for referral, nor does it explicitly allow for referral to multiple
committees in the House, as is routine practice in that chamber.27committees in the House, as is routine practice in that chamber.27 ~~Since the enactment of the~~
~~NEA, six joint resolutions have been introduced regarding two declared national emergencies—~~
~~Hurricane Katrina in 2005 and the southern border of the United States in 2019. These six~~
~~resolutions were all referred to the Committee on Transportation and Infrastructure in the House,~~
~~which has jurisdiction over “Federal management of emergencies and natural disasters,” pursuant~~

25 See H.J.Res. 69 in the 109th Congress (2005-2006), and H.J.Res. 46, S.J.Res. 10, S.J.Res. 54, H.J.Res. 75, and 25 See H.J.Res. 69 in the 109th Congress (2005-2006), and H.J.Res. 46, S.J.Res. 10, S.J.Res. 54, H.J.Res. 75, and
H.J.H.J.~~Re.s~~Res. 85 from the 116th Congress (2019-2020). 85 from the 116th Congress (2019-2020).
26 While there is no prescribed text under the statutory rule, a termination resolution drafted or amended to include 26 While there is no prescribed text under the statutory rule, a termination resolution drafted or amended to include
nongermane text can destroy the privileged nature of the legislation. Such a case occurred in the 116th Congress (2019-nongermane text can destroy the privileged nature of the legislation. Such a case occurred in the 116th Congress (2019-
2020) when the House considered H.J.Res. 37, to remove U.S. forces from Yemen. More specifically, the House 2020) when the House considered H.J.Res. 37, to remove U.S. forces from Yemen. More specifically, the House
adopted a motion to recommit H.J.Res. 37 with instructions directing that the resolution be reported back to the House adopted a motion to recommit H.J.Res. 37 with instructions directing that the resolution be reported back to the House
with an amendment in regards to combating anti-Semitism. The motion was agreed to and the resolution was with an amendment in regards to combating anti-Semitism. The motion was agreed to and the resolution was
subsequently passed. The language added to H.J.Res. 37 by the motion to recommit was reportedly deemed subsequently passed. The language added to H.J.Res. 37 by the motion to recommit was reportedly deemed
nongermane by the Senate Parliamentarian, thereby making the legislation ineligible for expedited consideration under nongermane by the Senate Parliamentarian, thereby making the legislation ineligible for expedited consideration under
the WPR (see Katherine Tully-McManus, “House to Vote on War Powers Thursday,” the WPR (see Katherine Tully-McManus, “House to Vote on War Powers Thursday,” Roll Call, January 8, 2020). As a , January 8, 2020). As a
result, H.J.Res. 37 was not acted on by the Senate. Instead, the Senate took up and passed the matter in a Senate result, H.J.Res. 37 was not acted on by the Senate. Instead, the Senate took up and passed the matter in a Senate
vehicle, S.J.Res. 7, which was later agreed to in the House and then vetoed by the President. vehicle, S.J.Res. 7, which was later agreed to in the House and then vetoed by the President.
27 See supra note 5. 27 See supra note 5.
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~~to House Rule X. Three resolutions saw action in the Senate, all of which related to the 2019~~
~~declaration regarding the southern border and~~The House and Senate have different practices for referral of terminating joint resolutions that reflect the varying jurisdictions of committees in both chambers. In the House, all terminating resolutions that have been referred to committee have gone to the Committee on Transportation and Infrastructure, which has jurisdiction over “Federal management of emergencies and natural disasters.”28 In the Senate, committee referral appears to be influenced by the subject matter of the emergency powers invoked by the President in the national emergency declaration. For example, all joint resolutions proposing to terminate President Trump’s national emergency declaration regarding the southern border of the United States were referred to the Committee on were referred to the Committee on Armed Services.29 As part of that emergency declaration, President Trump referenced the required use of armed forces and invoked powers providing additional authority to the Department of Defense and the secretaries of each military branch, topics under the jurisdiction of the Armed Services Committee.30 A joint resolution proposing to terminate President Trump’s COVID-19 national emergency was referred to the Committee on Finance. That emergency declaration invoked authorities allowing the Secretary of Health and Human Services to temporarily waive certain health care requirements for health programs under the Social Security Act, which falls under the Committee on Finance’s jurisdiction. For definitive guidance on the referral of a terminating joint resolution, consultation with the House and Senate Parliamentarians is advised~~Armed Services.~~
~~Given the limited number of precedents, it is unclear whether referral of such legislation in the~~
~~Senate would always be to the Committee on Armed Services, or if said committee received these~~
~~particular resolutions due to the subject matter of the national emergency they referenced. If it is~~
~~the latter, then it may be possible that termination resolutions relating to different national~~
~~emergencies could be referred to the committee with jurisdiction over the predominant subject~~
~~matter. In any case, the House and Senate Parliamentarians can advise on how legislation may be~~
~~referred~~. .
A committee that has been referred a joint resolution under the NEA has 15 calendar days to A committee that has been referred a joint resolution under the NEA has 15 calendar days to
report one resolution, along with its recommendations, unless the parent chamber votes otherwise report one resolution, along with its recommendations, unless the parent chamber votes otherwise
by roll call vote. According to the text of the by roll call vote. According to the text of the ~~Act~~act, the 15-calendar-day count begins on the day , the 15-calendar-day count begins on the day
after referral (meaning the day of referral appears to be treated as day zero in the 15-day count).after referral (meaning the day of referral appears to be treated as day zero in the 15-day count).2831
If the committee does not report on any of the next 15 calendar days, the If the committee does not report on any of the next 15 calendar days, the ~~Act~~act does not explicitly does not explicitly
specify a result. In practice, it appears that the committee may be discharged from further specify a result. In practice, it appears that the committee may be discharged from further
consideration of the measure. The process of discharge is different in each chamber, as detailed consideration of the measure. The process of discharge is different in each chamber, as detailed
below. below.
Discharging a Committee in the House
In the House, after 15 calendar days, a privileged motion to discharge the committee is in order In the House, after 15 calendar days, a privileged motion to discharge the committee is in order
and may be offered by any Member.and may be offered by any Member.2932 Under clause 2 of Rule XV, a motion to discharge is Under clause 2 of Rule XV, a motion to discharge is
debatable for 20 minutes, equally divided between proponents and opponents, and is followed by debatable for 20 minutes, equally divided between proponents and opponents, and is followed by
a vote (requiring the support of a simple majority to succeed).a vote (requiring the support of a simple majority to succeed).3033
The House has previously tabled a motion to discharge a terminating joint resolution (see The House has previously tabled a motion to discharge a terminating joint resolution (see
“H.J.Res. 69, 109th Congress” below). The motion to table is used to terminate debate and, if below). The motion to table is used to terminate debate and, if
~~agreed to, permanently and adversely disposes of the proposition. Alternatively, the House might~~
~~consider adopting an order to prohibit the tabling of a motion to discharge, as it did during the~~
~~116th Congress (2019-2020) for legislation considered under the WPR.31~~

28 28 House Rule X. 29 See, for example, S.J.Res. 54 from the 116th Congress. 30 See Executive Office of the President “Declaring a National Emergency Concerning the Southern Border of the United States,” 84 Federal Register 4949, February 20, 2019. The Senate Committee on Armed Services has “general jurisdiction over the Department of Defense and each military department,” pursuant to Senate Rule XXV. 31 The NEA states that a joint resolution “shall be reported out by such committee together with its recommendations The NEA states that a joint resolution “shall be reported out by such committee together with its recommendations
within fifteen calendar days after the day on which such resolution is referred to such committee” (emphasis added). to such committee” (emphasis added).
See 50 U.S.C. §1622(c)(1). See 50 U.S.C. §1622(c)(1).
2932 See U.S. Congress, House, See U.S. Congress, House, Constitution, Jefferson'’s Manual, and Rules of the House of Representatives of the United
States One Hundred Fifteenth Congress, prepared by Thomas J. Wickham, 116th Cong., 2019, H.Doc. 115-177 , prepared by Thomas J. Wickham, 116th Cong., 2019, H.Doc. 115-177
(Washington: GPO, 2019), §1130(3), p. 1163. (Washington: GPO, 2019), §1130(3), p. 1163.
3033 U.S. Congress, House, U.S. Congress, House, House Practice, A Guide to the Rules, Precedents, and Procedures of the House, prepared by , prepared by
Charles W. Johnson, John V. Sullivan, and Thomas J. WickhamCharles W. Johnson, John V. Sullivan, and Thomas J. Wickham, Jr., 115th Cong., 2017, (Washington: GPO, 2017), Jr., 115th Cong., 2017, (Washington: GPO, 2017),
§46, §46, p. 434. Congressional Research Service 8 link to page 17 National Emergencies Act: Expedited Procedures in the House and Senate agreed to, permanently and adversely disposes of the proposition. Alternatively, the House might consider adopting an order to prohibit the tabling of a motion to discharge, as it did during the 116th Congress (2019-2020) for legislation considered under the WPR.34 Discharging a Committee in the Senate In the Senate, the committee of referral is automatically discharged from further consideration of a terminating joint resolution if the measure has not been reported after 15 calendar days. However, the Senate has allowed for the automatic discharge of a committee on only one occasion.35 Instead, the Senate has more frequently chosen to discharge committees by unanimous consent (and typically structured the timing and terms of floor consideration for the measure in the same agreement). House Floor Consideration ~~p. 434.~~
~~31 As described above, in the 116th Congress, the House agreed to a separate order that prohibited the tabling of a~~
~~motion to discharge legislation considered under the WPR (see H.Res. 6, Sec. 103(l)). The section-by-section summary~~
~~of the resolution prepared by the Rules Committee explained that “House action on similar House procedures has made~~
~~it unclear as to whether such a motion to table would be available. The order serves to provide certainty for all~~
~~Members, Delegates, and the Resident Commissioner on this procedure” (Congressional Record, daily edition, vol.~~
~~165, (January 3, 2019), p. H28). While this order applies exclusively to the WPR, the House could similarly adopt~~
~~another order that would prohibit the tabling of a motion to discharge legislation considered under the NEA.~~
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~~Discharging a Committee in the Senate~~
~~It is unclear what the mechanism for discharge of a committee in the Senate would be under the~~
~~statutory language of the NEA. If the Senate chooses to apply precedents established under the~~
~~WPR to a joint resolution under the NEA, a committee that did not report would be automatically~~
~~discharged after the 15 calendar day deadline set by the Act.32 If discharge was not automatic,~~
~~then it is likely a Senator could move to discharge the committee. A motion to discharge is not~~
~~subject to debate limits and could require a cloture process (requiring the support of three-fifths~~
~~of the Senate) to reach a final vote on the question of discharging the committee. However, it is~~
~~also possible the Parliamentarian could determine that the expedited procedures of the NEA make~~
~~a motion to discharge privileged. A privileged motion is not debatable, meaning cloture would be~~
~~unnecessary to reach a vote on discharging the committee.~~
~~The Senate has yet to allow a committee to be discharged without intervening action, instead~~
~~opting to do so by unanimous consent for the only two terminating resolutions that have received~~
~~floor consideration to date.33 Given that unanimous consent was reached, Senators might have~~
~~expected discharge—through some mechanism—to be inevitable under the provisions of the~~
~~NEA. Regardless of how discharge would occur under the statutory rule, by reaching unanimous~~
~~consent the Senate determined when these terminating resolutions were considered.~~
~~House Floor Consideration~~
Under the NEA, following committee report or discharge, a qualifying joint resolution is to Under the NEA, following committee report or discharge, a qualifying joint resolution is to
immediately become the pending business on the House floor. Absent other action by the House, immediately become the pending business on the House floor. Absent other action by the House,
the precise mechanism under which a joint resolution would be taken up “immediately” under the the precise mechanism under which a joint resolution would be taken up “immediately” under the
NEA is unclear. However, drawing from prior consideration of concurrent resolutions under the NEA is unclear. However, drawing from prior consideration of concurrent resolutions under the
WPR, it appears likely that a privileged motion to begin consideration of the joint resolution WPR, it appears likely that a privileged motion to begin consideration of the joint resolution
would be in order. During the 106th Congress (1999-2000), the would be in order. During the 106th Congress (1999-2000), the ~~Chair~~chair of the Committee on Rules of the Committee on Rules
expressed his understanding of how a concurrent resolution would be considered under the WPR expressed his understanding of how a concurrent resolution would be considered under the WPR
(the same process called for under the NEA): (the same process called for under the NEA):
Both resolutions, H.Con.Res. 82 and H.J.Res. 44, have a unique procedural status under Both resolutions, H.Con.Res. 82 and H.J.Res. 44, have a unique procedural status under
the War Powers Resolution of 1973. Without this rule, both Campbell resolutions will the War Powers Resolution of 1973. Without this rule, both Campbell resolutions will
become the pending business of the House today as a result of having been reported by the become the pending business of the House today as a result of having been reported by the
Committee on International Relations. Motions to proceed to consideration of the Committee on International Relations. Motions to proceed to consideration of the
resolutions would be privileged, and the resolutions would not be subject to general debate resolutions would be privileged, and the resolutions would not be subject to general debate
but would be subject to an open but clearly unfocused amendment process.but would be subject to an open but clearly unfocused amendment process.3436
A terminating resolution could be taken up if the House agreed to a privileged motion to resolve A terminating resolution could be taken up if the House agreed to a privileged motion to resolve
into Committee of the Whole House on the State of the Union (Committee of the Whole) to into Committee of the Whole House on the State of the Union (Committee of the Whole) to

~~32 See U.S. Congress, Senate, Riddick’s Senate Procedure, prepared by Floyd M. Riddick and Alan S. Frumin, 101st~~
~~Cong., 1992, S.Doc. 101-28 (Washington: GPO, 1992), p. 501. On November 30, 1987, the Committee on Foreign~~
~~Relations was automatically discharged from further consideration of S.J.Res. 217, a resolution being considered under~~
~~Section 6 of the WPR. While the deadlines set by Section 6 of the WPR and the NEA differ, the two Acts shares~~
~~identical language regarding a joint resolution becoming “the pending business of the House in question” upon being~~
~~reported (or, in this case, discharged). By unanimous consent, however, did “not become the pending business~~
~~automatically under the statute,” but instead was placed on the Senate Calendar of Business where it could be called up~~
~~at any time by the majority leader, in consultation with the minority leader. See Congressional Record, vol. 133~~
~~(November 30, 1987), pp. 33234, 33251.~~
~~33 H.J.Res. 46 and S.J.Res. 54, both during the 116th Congr S.J.Res. 217 ess (2019-2020).~~
~~34 Congressional Record, daily edition, vol. 145 (April 28, 1999), p. H2377.~~
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~~National Emergencies Act: Expedited Procedures in the House and Senate~~

~~consider the measure.35 A termination resolution is fully amendable in the House, given the~~
~~absence of any prohibition in the NEA.36 Amendments in the House must be germane under~~
~~House rules; floor amendments are generally considered in the Committee of the Whole under the~~
~~five-minute rule.37~~consider the measure.37 A termination resolution is fully amendable in the House, given the absence of any prohibition in the NEA.38 Amendments in the House must be germane under 34 As described above, in the 116th Congress, the House agreed to a separate order that prohibited the tabling of a motion to discharge legislation considered under the WPR (see H.Res. 6, Sec. 103(l)). The section-by-section summary of the resolution prepared by the Rules Committee explained that “House action on similar House procedures has made it unclear as to whether such a motion to table would be available. The order serves to provide certainty for all Members, Delegates, and the Resident Commissioner on this procedure” (Congressional Record, daily edition, vol. 165, (January 3, 2019), p. H28). While this order applies exclusively to the WPR, the House could similarly adopt another order that would prohibit the tabling of a motion to discharge legislation considered under the NEA. 35 The Senate Committee on Finance was automatically discharged from further consideration of S.J.Res. 63 on October 11, 2022. For more discussion of Senate treatment of that legislation, see the corresponding entry in the Appendix. 36 Congressional Record, daily edition, vol. 145 (April 28, 1999), p. H2377. 37 For further discussion, see CRS Report RL32200, Debate, Motions, and Other Actions in the Committee of the Whole, by Bill Heniff Jr. and Elizabeth Rybicki. 38 The act seems to implicitly envision an amending process by virtue of not requiring a joint resolution to contain specific text (meaning variations in drafting could occur) and by the inclusion of expedited procedures for resolving differences between the House and Senate. Those procedures, discussed later in the report, would only be necessary when each chamber insisted on its own amended version of the same legislative vehicle. Congressional Research Service 9 National Emergencies Act: Expedited Procedures in the House and Senate House rules; floor amendments are generally considered in the Committee of the Whole under the five-minute rule.39
However, it may be unlikely in current practice that a House majority would choose to consider However, it may be unlikely in current practice that a House majority would choose to consider
such a measure under this process. In modern practice, the House has considered measures for such a measure under this process. In modern practice, the House has considered measures for
amendment under special rules from the Rules Committee that govern any amendment process. amendment under special rules from the Rules Committee that govern any amendment process.
Such a rule can regulate the terms of consideration by limiting debate, limiting amendments or Such a rule can regulate the terms of consideration by limiting debate, limiting amendments or
making them not in order at all, and waiving other parliamentary actions that could delay or end making them not in order at all, and waiving other parliamentary actions that could delay or end
consideration.consideration.3840 A special rule might also include a provision making the procedures of the NEA A special rule might also include a provision making the procedures of the NEA
inapplicable in the House, for a specific measure or generally.inapplicable in the House, for a specific measure or generally.3941
The NEA stipulates that a vote on a termination joint resolution is to occur within three calendar The NEA stipulates that a vote on a termination joint resolution is to occur within three calendar
days after the committee of consideration has reported or been discharged. Unlike some other days after the committee of consideration has reported or been discharged. Unlike some other
expedited procedures that explicitly prohibit a motion to recommit, the NEA does not include any expedited procedures that explicitly prohibit a motion to recommit, the NEA does not include any
such language. Therefore, such a motion, with or without instructions, appears to be in order by such language. Therefore, such a motion, with or without instructions, appears to be in order by
the Minority Leader or his designee even when the measure is considered under a rule from the the Minority Leader or his designee even when the measure is considered under a rule from the
Rules Committee.Rules Committee.4042 Final passage requires the support of a simple majority. Final passage requires the support of a simple majority.
Senate Floor Consideration
After a committee has reported or been discharged from further consideration of a termination After a committee has reported or been discharged from further consideration of a termination
joint resolution, the measure appears to immediately become the pending business on the floor.joint resolution, the measure appears to immediately become the pending business on the floor.4143
If such is the case, the presiding officer would direct the clerk to read the joint resolution aloud, If such is the case, the presiding officer would direct the clerk to read the joint resolution aloud,
and the Senate would proceed to consider the measure, thereby avoiding the need for a motion to and the Senate would proceed to consider the measure, thereby avoiding the need for a motion to
proceed to consideration.proceed to consideration.4244 Under regular Senate procedures, debate is in most cases not limited Under regular Senate procedures, debate is in most cases not limited

~~35 For further discussion, see CRS Report RL32200,~~ ~~Debate, Motions, and Other Actions in the Committee of the~~
~~Whole, by Bill Heniff Jr. and Elizabeth Rybicki.~~
~~36 The Act seems to implicitly envision an amending process by virtue of not requiring a joint resolution to contain~~
~~specific text (meaning variations in drafting could occur) and by the inclusion of expedited procedures for resolving~~
~~differences between the House and Senate. Those procedures, discussed later in the report, would only be necessary~~
~~when each chamber insisted on its own amended version of the same legislative vehicle.~~
37on a motion to proceed and, accordingly, it sometimes requires a cloture process (requiring a three-fifths vote) to limit debate and reach a vote (requiring a simple majority) on the motion to proceed. Instead of allowing a measure to immediately become the pending business on the floor, the Senate might choose to override the statutory procedure and reach agreement by unanimous consent to set a specific date and time when the body would consider the termination resolution. 39 For more information, see CRS Report 98-995, For more information, see CRS Report 98-995, The Amending Process in the House of Representatives, by , by
Christopher M. Davis. Christopher M. Davis.
3840 For example, points of order and motions to postpone or table are not explicitly prohibited in the NEA and are For example, points of order and motions to postpone or table are not explicitly prohibited in the NEA and are
generally in order unless otherwise restricted by a rule or by a unanimous consent agreement. generally in order unless otherwise restricted by a rule or by a unanimous consent agreement.
3941 For example, Sec. 2 of H.Res. 144 (116th Congress) stated that “the provisions of For example, Sec. 2 of H.Res. 144 (116th Congress) stated that “the provisions of ~~section~~Section 202 of the National 202 of the National
Emergencies Act (50 U.S.C. 1622) shall not apply during the remainder of the One Hundred Sixteenth Congress to a Emergencies Act (50 U.S.C. 1622) shall not apply during the remainder of the One Hundred Sixteenth Congress to a
joint resolution terminating the national emergency declared by the President on February 15, 2019.” In that case, the joint resolution terminating the national emergency declared by the President on February 15, 2019.” In that case, the
rule “turned off” expedited procedures for the consideration on future legislation related to a specific national rule “turned off” expedited procedures for the consideration on future legislation related to a specific national
emergency declaration. emergency declaration.
4042 For more information, see CRS Report R44330, For more information, see CRS Report R44330, The Motion to Recommit in the House of Representatives, by Megan , by Megan
S. Lynch. S. Lynch.
4143 This could mean that any business the Senate was considering would be disrupted, whether it be a nomination or This could mean that any business the Senate was considering would be disrupted, whether it be a nomination or
treaty in executive session, post-cloture consideration of a measure, or any other pending business before the chamber. treaty in executive session, post-cloture consideration of a measure, or any other pending business before the chamber.
4244 The NEA states that “any joint resolution so reported shall become the pending business of the House in question.” The NEA states that “any joint resolution so reported shall become the pending business of the House in question.”
There is no precedent of a terminating resolution being taken up on the floor in either chamber under that provision of There is no precedent of a terminating resolution being taken up on the floor in either chamber under that provision of
the NEA. However, the WPR—which contains an identical provision to the NEA—has precedents demonstrating the the NEA. However, the WPR—which contains an identical provision to the NEA—has precedents demonstrating the
immediacy of a resolution becoming the pending business upon being reported out by committee. On September 26, immediacy of a resolution becoming the pending business upon being reported out by committee. On September 26,
1983, during the 98th Congress (1983-1984) Majority Leader Howard Baker stated that “this is the war powers 1983, during the 98th Congress (1983-1984) Majority Leader Howard Baker stated that “this is the war powers
resolution, and under the Act it becomes the pending business when filed. It was filed this moment,” to explain why the resolution, and under the Act it becomes the pending business when filed. It was filed this moment,” to explain why the
~~Congressional Research Service~~
10

~~National Emergencies Act: Expedited Procedures in the House and Senate~~

~~on a motion to proceed and, accordingly, it sometimes requires a cloture process (requiring a~~
~~three-fifths vote) to limit debate and reach a vote (requiring a simple majority) on the motion to~~
~~proceed. Instead of allowing a measure to immediately become the pending business on the floor,~~
~~the Senate might choose to override the statutory procedure and reach agreement by unanimous~~
~~consent to set a specific date and time when the body would consider the termination resolution.~~
presiding officer had just directed the clerk to read, authorizing U.S. forces in Lebanon. See Congressional Record, vol.164, (September 26, 1983), p. 25746. Consideration under the NEA could be treated similarly if the Senate applies the reasoning as it did with the WPR. Congressional Research Service 10 National Emergencies Act: Expedited Procedures in the House and Senate This frees the Senate to continue processing business on its own schedule instead of turning This frees the Senate to continue processing business on its own schedule instead of turning
directly to the joint resolution. In that case, any individual Senator could object and force the directly to the joint resolution. In that case, any individual Senator could object and force the
chamber to begin immediate consideration of the legislation. chamber to begin immediate consideration of the legislation.
The NEA states that a floor vote is to be taken not later than three days after the joint resolution The NEA states that a floor vote is to be taken not later than three days after the joint resolution
comes out of committee, and that time for debate is equally divided between proponents and comes out of committee, and that time for debate is equally divided between proponents and
opponents of the legislation. Under regular Senate procedures, there is typically no limit on opponents of the legislation. Under regular Senate procedures, there is typically no limit on
debate of a measure pending on the floor, and sometimes cloture (and the associated three-fifths debate of a measure pending on the floor, and sometimes cloture (and the associated three-fifths
vote) is needed to reach a final vote on passage. Expedited consideration under the NEA was vote) is needed to reach a final vote on passage. Expedited consideration under the NEA was
intended to ensure a vote on passage would occur, barring any other action (such as a motion to intended to ensure a vote on passage would occur, barring any other action (such as a motion to
postpone consideration or to table the measure). postpone consideration or to table the measure).
Notably, the WPR has a provision identical to the NEA’s three-day consideration period for joint Notably, the WPR has a provision identical to the NEA’s three-day consideration period for joint
resolutions. The Senate has interpreted that provision to mean that a vote on such a measure will resolutions. The Senate has interpreted that provision to mean that a vote on such a measure will
occur 72 hours after it becomes the pending business on the Senate floor, with time being occur 72 hours after it becomes the pending business on the Senate floor, with time being
consumed regardless of whether the Senate is in session or not and whether the Senate is actively consumed regardless of whether the Senate is in session or not and whether the Senate is actively
debating the measure or not.debating the measure or not.4345 In the few instances the Senate has considered a joint resolution In the few instances the Senate has considered a joint resolution
under the NEA on the floor, it has voted to pass the measure—pursuant to a unanimous consent under the NEA on the floor, it has voted to pass the measure—pursuant to a unanimous consent
agreement—on the same day as the resolution came out of committee. Absent such an agreement, agreement—on the same day as the resolution came out of committee. Absent such an agreement,
it is possible that the 72 hour precedent under the WPR might similarly apply to floor it is possible that the 72 hour precedent under the WPR might similarly apply to floor
consideration of a termination resolution under the NEA. consideration of a termination resolution under the NEA.
In the absence of any prohibition in the NEA, a joint resolution is amendable. In the absence of any prohibition in the NEA, a joint resolution is amendable.4446 Under the Under the
standing Rules of the Senate, amendments only must be germane in certain limited standing Rules of the Senate, amendments only must be germane in certain limited
circumstances.circumstances.4547 As a result of a series of parliamentary inquiries and a point of order in the As a result of a series of parliamentary inquiries and a point of order in the
Senate in 2018, amendments to a measure considered under the WPR are required to be Senate in 2018, amendments to a measure considered under the WPR are required to be
germane.germane.4648 The Senate could establish a germaneness requirement for terminating resolutions The Senate could establish a germaneness requirement for terminating resolutions
under the NEA if a Senator initiated a similar parliamentary inquiry and the chair ruled similarly. under the NEA if a Senator initiated a similar parliamentary inquiry and the chair ruled similarly.

~~presiding officer had just directed the clerk to read, authorizing U.S. forces in Lebanon. See Congressional Record,~~
~~vol.164, (September 26, 1983), p 25746. Consideration under the NEA could be treated similarly if the Senate applies~~
~~the reasoning as it did with the WPR.~~
43 Unlike the provisions found in the NEA, some expedited procedures are written in a way that limits floor “debate” of a measure, as opposed to “consideration” of a measure. In these circumstances, it is possible for Senators to continue to offer amendments after the time for debate has expired, leading to a series of back-to-back votes sometimes referred to as a vote-a-rama.49 The language in the NEA states that a joint resolution “shall be voted on” within three calendar days, meaning debate and consideration end simultaneously, with no opportunity to offer 45 U.S. Congress, Senate, U.S. Congress, Senate, Riddick’s Senate Procedure, prepared by Floyd M. Riddick and Alan S. Frumin, 101st Cong., , prepared by Floyd M. Riddick and Alan S. Frumin, 101st Cong.,
1992, S.Doc. 101-28 (Washington: GPO, 1992), p. 501. See, also, 1992, S.Doc. 101-28 (Washington: GPO, 1992), p. 501. See, also, Congressional Record,, volvol.164164, (September 26, (September 26,
1983), p1983), p. 25746. 25746.
4446 The The ~~Act~~act seems to implicitly envision an amending process by virtue of not requiring a joint resolution to contain seems to implicitly envision an amending process by virtue of not requiring a joint resolution to contain
specific text (meaning variations in drafting could occur) and by the inclusion of expedited procedures for resolving specific text (meaning variations in drafting could occur) and by the inclusion of expedited procedures for resolving
differences between the House and Senate. Those procedures, discussed later in the report, would only be necessary differences between the House and Senate. Those procedures, discussed later in the report, would only be necessary
when each chamber insisted on its own amended version of the same legislative vehicle. when each chamber insisted on its own amended version of the same legislative vehicle.
~~45See~~47See CRS Report 98-853, CRS Report 98-853, The Amending Process in the Senate, by Christopher M. Davis, for more information. , by Christopher M. Davis, for more information.
4648 Congressional Record,, daily edition,daily edition, volvol.164164, (December 12, 2018), pp. S7482-S7483. The point of order stated that (December 12, 2018), pp. S7482-S7483. The point of order stated that
amendments to joint resolutions considered under 50 U.S.C. §1546(a) must be germane. 50 U.S.C. §1546 is the amendments to joint resolutions considered under 50 U.S.C. §1546(a) must be germane. 50 U.S.C. §1546 is the
codification of Sec. 7 of the War Powers Resolution, pertaining to priority procedures for consideration of a concurrent codification of Sec. 7 of the War Powers Resolution, pertaining to priority procedures for consideration of a concurrent
resolution. The series of parliamentary inquiries offered prior to the point of order established concepts that broadly resolution. The series of parliamentary inquiries offered prior to the point of order established concepts that broadly
apply to expedited procedures, including those under the NEA. The Presiding Officer did not make a ruling directly on apply to expedited procedures, including those under the NEA. The Presiding Officer did not make a ruling directly on
the point of order, citing that “the Senate had not previously considered this question,” and submitted the question to the point of order, citing that “the Senate had not previously considered this question,” and submitted the question to
the Senate for its decision. The Senate voted 96-3 to uphold the point of order. the Senate for its decision. The Senate voted 96-3 to uphold the point of order.
~~Congressional Research Service~~
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~~National Emergencies Act: Expedited Procedures in the House and Senate~~

~~Unlike the provisions found in the NEA, some expedited procedures are written in a way that~~
~~limits floor “debate” of a measure, as opposed to “consideration” of a measure. In these~~
~~circumstances, it is possible for Senators to continue to offer amendments after the time for~~
~~debate has expired, leading to a series of back-to-back votes sometimes referred to as a vote-a-~~
~~rama.47 The language in the NEA states that a joint resolution “shall be voted on” within three~~
~~calendar days, meaning debate and consideration end simultaneously, with no opportunity to offer~~
49 See CRS Report R40665, Congressional Budget Resolutions: Consideration and Amending in the Senate, by Megan S. Lynch. Congressional Research Service 11 National Emergencies Act: Expedited Procedures in the House and Senate further amendments. At the conclusion of floor consideration, a joint resolution needs a simple further amendments. At the conclusion of floor consideration, a joint resolution needs a simple
majority for passage. majority for passage.
Resolving Differences
The House and Senate may each consider and pass its own joint resolution terminating the same The House and Senate may each consider and pass its own joint resolution terminating the same
national emergency. These companion measures may contain identical text or may diverge as a national emergency. These companion measures may contain identical text or may diverge as a
result of how they were initially introduced or from amendments adopted during consideration. In result of how they were initially introduced or from amendments adopted during consideration. In
either case, before it can be presented to the President, one measure must ultimately pass both the either case, before it can be presented to the President, one measure must ultimately pass both the
House and Senate with the same text. Some expedited procedures provide a mechanism that House and Senate with the same text. Some expedited procedures provide a mechanism that
requires one chamber take action on a companion measure that has already passed the other.requires one chamber take action on a companion measure that has already passed the other.4850
However, the NEA does not contain any such mechanism. However, the NEA does not contain any such mechanism.
If one chamber passes the joint resolution of the other without proposing any changes, then the If one chamber passes the joint resolution of the other without proposing any changes, then the
legislative process is complete, and the measure will next be sent to the President. If, however, legislative process is complete, and the measure will next be sent to the President. If, however,
one chamber amends a bill passed by the other, then the chambers must resolve the differences one chamber amends a bill passed by the other, then the chambers must resolve the differences
until they have both agreed to the same text. In normal parliamentary practice, these differences until they have both agreed to the same text. In normal parliamentary practice, these differences
can be resolved in two primary ways: through an exchange of amendments between the two can be resolved in two primary ways: through an exchange of amendments between the two
chambers or by forming a conference committee to undertake negotiations.chambers or by forming a conference committee to undertake negotiations.4951 The procedures The procedures
under the NEA only address the possibility of going to conference and call for the “prompt” under the NEA only address the possibility of going to conference and call for the “prompt”
appointment of conferees in the case of disagreement. The appointment of conferees in the case of disagreement. The ~~Act~~act does not provide for expedited does not provide for expedited
consideration in the case of an exchange of amendments between the chambers. Therefore, a consideration in the case of an exchange of amendments between the chambers. Therefore, a
termination resolution could become indefinitely delayed if one chamber opted not to act on an termination resolution could become indefinitely delayed if one chamber opted not to act on an
amended version of the legislation from the other chamber. amended version of the legislation from the other chamber.
Generally, in an exchange of amendments between the chambers, the House and Senate each have Generally, in an exchange of amendments between the chambers, the House and Senate each have
an opportunity to amend the amendments from the other chamber.an opportunity to amend the amendments from the other chamber.5052 For example, the House For example, the House
might pass a joint resolution, send it to the Senate, where it could be passed with amendments and might pass a joint resolution, send it to the Senate, where it could be passed with amendments and
returned to the House. The House can then choose to concur with the Senate’s amendments, returned to the House. The House can then choose to concur with the Senate’s amendments,
concur with the Senate’s amendments with an amendment, or disagree with the Senate’s concur with the Senate’s amendments with an amendment, or disagree with the Senate’s
amendments. The same options are available to the Senate when it originates a measure that the amendments. The same options are available to the Senate when it originates a measure that the
House then passes with amendments. House then passes with amendments.

~~47 See CRS Report R40665, Congressional Budget Resolutions: Consideration and Amending in the Senate, by Megan~~
~~S. Lynch.~~
48 In order for both chambers to proceed with a conference committee, either the House or Senate must first disagree to amendments from the other chamber or insist on its own amendments and request a conference. House conferees are appointed by the Speaker, and Senate conferees are appointed by the Senate Presiding Officer, who is given this authority by unanimous consent or motion. The NEA does not alter the regular procedures for forming a conference committee. While a majority in the House can quickly agree to send a measure to conference, doing so in the Senate could require the support of three-fifths of the Senate to invoke cloture on the relevant motion.53 50 For example, the Trade Act requires that “if prior to the passage by one House of an implementing bill or approval For example, the Trade Act requires that “if prior to the passage by one House of an implementing bill or approval
resolution of that House, that House receives the same implementing bill or approval resolution from the other House, resolution of that House, that House receives the same implementing bill or approval resolution from the other House,
then—the vote on final passage shall be on the implementing bill or approval resolution of the other House” (P.L. 93-then—the vote on final passage shall be on the implementing bill or approval resolution of the other House” (P.L. 93-
618, Title I, §151; 19 U.S.C. §21919(e)). 618, Title I, §151; 19 U.S.C. §21919(e)).
4951 For more information on resolving differences between the House and Senate, see CRS Report 96-708, For more information on resolving differences between the House and Senate, see CRS Report 96-708, Conference
Committee and Related Procedures: An Introduction, by Elizabeth Rybicki. , by Elizabeth Rybicki.
5052 A more in-depth discussion of amendment exchange between the House and Senate can be found in CRS Report A more in-depth discussion of amendment exchange between the House and Senate can be found in CRS Report
R41003, R41003, Amendments Between the Houses: Procedural Options and Effects, by Elizabeth Rybicki. , by Elizabeth Rybicki.
~~Congressional Research Service~~
12

~~National Emergencies Act: Expedited Procedures in the House and Senate~~

~~In order for both chambers to proceed with a conference committee, either the House or Senate~~
~~must first disagree to amendments from the other chamber or insist on its own amendments and~~
~~request a conference. House conferees are appointed by the Speaker, and Senate conferees are~~
~~appointed by the Senate Presiding Officer, who is given this authority by unanimous consent or~~
~~motion. The NEA does not alter the regular procedures for forming a conference committee.~~
~~While a majority in the House can quickly agree to send a measure to conference, doing so in the~~
~~Senate could require the support of three-fifths of the Senate to invoke cloture on the relevant~~
~~motion.51~~53 See the “Arranging for a Conference” section of CRS Report 98-696, Resolving Legislative Differences in Congress: Congressional Research Service 12 National Emergencies Act: Expedited Procedures in the House and Senate
Assuming the House and Senate agree to go to conference, the NEA lays out specific timelines Assuming the House and Senate agree to go to conference, the NEA lays out specific timelines
for action, similar to the floor consideration provisions discussed earlier. Conferees have six for action, similar to the floor consideration provisions discussed earlier. Conferees have six
calendar days, starting on the day after they are appointed, to make and file a report with their calendar days, starting on the day after they are appointed, to make and file a report with their
recommendations. The House and Senate then have a total of six calendar days during which both recommendations. The House and Senate then have a total of six calendar days during which both
must vote on the conference report, starting on the day after the report is first filed, must vote on the conference report, starting on the day after the report is first filed,
notwithstanding any rules concerning the printing or consideration of said report.notwithstanding any rules concerning the printing or consideration of said report.5254 Under regular Under regular
House and Senate procedures, the conference report is acted upon sequentially by the chambers House and Senate procedures, the conference report is acted upon sequentially by the chambers
and not simultaneously. In other words, it must be agreed to in the first acting chamber in order and not simultaneously. In other words, it must be agreed to in the first acting chamber in order
for the second chamber to act on it. If the conference report is agreed to in both chambers, the for the second chamber to act on it. If the conference report is agreed to in both chambers, the
joint resolution is sent to the President to sign or veto. joint resolution is sent to the President to sign or veto.
If conferees do not reach an agreement within the first 48 hours of negotiations, the NEA directs If conferees do not reach an agreement within the first 48 hours of negotiations, the NEA directs
each delegation to report in disagreement to their respective chambers. However, the NEA does each delegation to report in disagreement to their respective chambers. However, the NEA does
not provide any further procedural requirements in the event that conferees report in disagreement not provide any further procedural requirements in the event that conferees report in disagreement
or if the conference report is defeated in either chamber.or if the conference report is defeated in either chamber.5355 Under regular procedures, a second Under regular procedures, a second
conference could be requested by either chamber, or differences could be resolved through the conference could be requested by either chamber, or differences could be resolved through the
exchange of amendments. exchange of amendments.
Veto Override
As the NEA does not provide for expedited consideration of a vetoed joint resolution, the regular As the NEA does not provide for expedited consideration of a vetoed joint resolution, the regular
procedures of the House and Senate apply to a veto override attempt.procedures of the House and Senate apply to a veto override attempt.5456 Under the Constitution, Under the Constitution,
vetoed legislation is first returned to the chamber originating it, and a two-thirds supermajority is vetoed legislation is first returned to the chamber originating it, and a two-thirds supermajority is
needed to override the President’s veto and pass the measure.needed to override the President’s veto and pass the measure.5557 In the House, the measure is In the House, the measure is
typically debated under the Hour Rule. In the Senate, the measure could be considered under the typically debated under the Hour Rule. In the Senate, the measure could be considered under the
terms of a unanimous consent agreement. Absent such an agreement, there is no limit on debate terms of a unanimous consent agreement. Absent such an agreement, there is no limit on debate
and reaching a final vote could require a cloture process (and the associated three-fifths vote and reaching a final vote could require a cloture process (and the associated three-fifths vote

~~51 See the “Arranging for a Conference” section of CRS Report 98-696,~~ ~~Resolving Legislative Differences in Congress:~~
threshold). If both the House and Senate each pass the joint resolution with two-thirds support, the measure is enacted into law, the President’s veto notwithstanding. Conference Committees and Amendments Between the Houses. .
5254 Outside of this expedited consideration, the Senate and House both have availability requirements on the text of the Outside of this expedited consideration, the Senate and House both have availability requirements on the text of the
conference report before a vote is in order. Senate Rule XXVIII, clause 10(a)(1) stipulates that it is not in order to vote conference report before a vote is in order. Senate Rule XXVIII, clause 10(a)(1) stipulates that it is not in order to vote
on a conference report until it has been made available to Senators and the public for at least 48 hours prior. House on a conference report until it has been made available to Senators and the public for at least 48 hours prior. House
Rule XXII, clause 8(a)(1) requires a conference report to have been printed in the Rule XXII, clause 8(a)(1) requires a conference report to have been printed in the Congressional Record 72 hours prior 72 hours prior
and copies along with the accompanying joint explanatory statement made available to all members at least two hours and copies along with the accompanying joint explanatory statement made available to all members at least two hours
prior to a vote being in order. prior to a vote being in order.
5355 The Budget Control Act, for example, provides expedited consideration of a request for a new conference in the The Budget Control Act, for example, provides expedited consideration of a request for a new conference in the
event that a conference report is defeated (P.L. 93-344, Title X, §1017; 2 U.S.C. §688(d)(6)). event that a conference report is defeated (P.L. 93-344, Title X, §1017; 2 U.S.C. §688(d)(6)).
5456 For a more detailed overview, see CRS Report RS22654, For a more detailed overview, see CRS Report RS22654, Veto Override Procedure in the House and Senate, by , by
Elizabeth Rybicki. Elizabeth Rybicki.
5557 U.S. Constitution, Article 1, Section 7. U.S. Constitution, Article 1, Section 7.
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~~threshold). If both the House and Senate each pass the joint resolution with two-thirds support,~~
~~the measure is enacted into law, the President’s veto notwithstanding.~~
Appendix. Select Instances of Consideration of Joint
Resolutions to Terminate a National Emergency
The termination resolutions discussed below representThe termination resolutions discussed below represent ~~only~~ those that have received floor those that have received floor
considerationconsideration, directly or indirectly, in at least one chamber, to date. As of the date on this report, there have been three in at least one chamber, to date. As of the date on this report, there have been three
other termination resolutions submitted to Congress since the enactment of the NEA, none of other termination resolutions submitted to Congress since the enactment of the NEA, none of
which received floor consideration.which received floor consideration.5658
H.J.Res. 69, 109th Congress
The introduction of H.J.Res. 69, during the 109th Congress (2005-2006), appears to be the first The introduction of H.J.Res. 69, during the 109th Congress (2005-2006), appears to be the first
time a joint resolution to terminate a national emergency was submitted in either chamber. time a joint resolution to terminate a national emergency was submitted in either chamber.
H.J.Res. 69 addressed the national emergency declared by President George W. Bush regarding H.J.Res. 69 addressed the national emergency declared by President George W. Bush regarding
Hurricane Katrina in 2005. The measure was introduced on October 20, 2005, by Representative Hurricane Katrina in 2005. The measure was introduced on October 20, 2005, by Representative
George Miller, and referred to the Committee on Transportation and Infrastructure. On November George Miller, and referred to the Committee on Transportation and Infrastructure. On November
7, more than 15 calendar days after the measure was first referred to committee, Representative 7, more than 15 calendar days after the measure was first referred to committee, Representative
Miller offered a privileged motion to discharge the Committee on Transportation and Miller offered a privileged motion to discharge the Committee on Transportation and
Infrastructure from further consideration of H.J.Res. 69.Infrastructure from further consideration of H.J.Res. 69.5759 The motion was tabled without The motion was tabled without
objection and the measure saw no further action.objection and the measure saw no further action.5860
H.J.Res. 46, 116th Congress
H.J.Res. 46 was introduced on February 22, 2019, by Representative Joaquin Castro and referred H.J.Res. 46 was introduced on February 22, 2019, by Representative Joaquin Castro and referred
to the Committee on Transportation and Infrastructure. The joint resolution addressed the national to the Committee on Transportation and Infrastructure. The joint resolution addressed the national
emergency declared by President Donald J. Trump on February 15, 2019, concerning the southern emergency declared by President Donald J. Trump on February 15, 2019, concerning the southern
border of the United States. Instead of giving the committee 15 calendar days to report the border of the United States. Instead of giving the committee 15 calendar days to report the
measure, the House instead considered H.J.Res. 46 four days later, under the terms of a special measure, the House instead considered H.J.Res. 46 four days later, under the terms of a special
rule reported by the Committee on Rules (H.Res. 144). In addition to structuring consideration of rule reported by the Committee on Rules (H.Res. 144). In addition to structuring consideration of
the joint resolution, H.Res. 144 also stated that the expedited procedures of the NEA would not the joint resolution, H.Res. 144 also stated that the expedited procedures of the NEA would not
apply to any joint resolution terminating the February 15, 2019, national emergency for the apply to any joint resolution terminating the February 15, 2019, national emergency for the
remainder of the 116th Congress. The measure passed in the House, 245-182, on February 26.remainder of the 116th Congress. The measure passed in the House, 245-182, on February 26.5961
H.J.Res. 46 was received in the Senate on February 27, 2019, and referred to the Committee on H.J.Res. 46 was received in the Senate on February 27, 2019, and referred to the Committee on
Armed Services. On March 14, pursuant to a unanimous consent agreement reached the day prior, Armed Services. On March 14, pursuant to a unanimous consent agreement reached the day prior,
the Senate discharged the committee from further consideration of the joint resolution and the Senate discharged the committee from further consideration of the joint resolution and
proceeded to its immediate consideration, with no amendments in order.proceeded to its immediate consideration, with no amendments in order.6062 The day the committee The day the committee
was discharged also marked 15 calendar days since the measure had been referred. Absent the was discharged also marked 15 calendar days since the measure had been referred. Absent the

~~56 See S.J.Res. 10, H.J.Res 75, and H.J.Res~~unanimous consent agreement, presumably the joint resolution would have been eligible for 58 See S.J.Res. 10, H.J.Res. 75, and H.J.Res. 85 from the 116th Congress (2019-2020). 85 from the 116th Congress (2019-2020).
5759 Congressional Record, vol. 151, (November 7, 2005), pp. 25133-25134. , vol. 151, (November 7, 2005), pp. 25133-25134.
5860 Notably, 14 calendar days after the introduction of H.J.Res. 69, on November 3, 2005, President Bush revoked the Notably, 14 calendar days after the introduction of H.J.Res. 69, on November 3, 2005, President Bush revoked the
proclamation that was the subject of Representative Miller’s joint resolution. This appears to be why Representative proclamation that was the subject of Representative Miller’s joint resolution. This appears to be why Representative
Miller allowed his motion to discharge to be tabled without a vote. Miller allowed his motion to discharge to be tabled without a vote.
5961 Congressional Record, daily edition,, daily edition, volvol.165165, (February 26, 2019), pp. H2217-H2218. (February 26, 2019), pp. H2217-H2218.
6062 The text of the unanimous consent agreement can be found at The text of the unanimous consent agreement can be found at Congressional Record, daily edition,, daily edition, volvol.165165, (March (March
13, 2019), p. S1853. 13, 2019), p. S1853.
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~~unanimous consent agreement, presumably the joint resolution would have been eligible for~~
discharge. During debate on H.J.Res. 46, the Senate agreed by unanimous consent to limit further discharge. During debate on H.J.Res. 46, the Senate agreed by unanimous consent to limit further
debate to 90 minutes. Following debate, the Senate passed the measure, 59-41.debate to 90 minutes. Following debate, the Senate passed the measure, 59-41.6163
President Trump vetoed H.J.Res. 46 on March 15, and his veto message was laid before the President Trump vetoed H.J.Res. 46 on March 15, and his veto message was laid before the
House three days later. The House did not achieve the two-thirds threshold needed to override the House three days later. The House did not achieve the two-thirds threshold needed to override the
President’s veto when it voted 248-181, on March 26.President’s veto when it voted 248-181, on March 26.6264
S.J.Res. 54, 116th Congress S.J.Res. 54, 116th Congress
On September 10, 2019, approximately six months after the House and Senate passed H.J.Res. 46 On September 10, 2019, approximately six months after the House and Senate passed H.J.Res. 46
(generally aligning with the six-month review period of existing national emergencies outlined (generally aligning with the six-month review period of existing national emergencies outlined
under the NEA), S.J.Res. 54 was introduced in the Senate and referred to the Committee on under the NEA), S.J.Res. 54 was introduced in the Senate and referred to the Committee on
Armed Services. The joint resolution proposed to terminate the same national emergency as Armed Services. The joint resolution proposed to terminate the same national emergency as
H.J.Res. 46, in regard to the United States’ southern border. On September 25, under the terms of H.J.Res. 46, in regard to the United States’ southern border. On September 25, under the terms of
a unanimous consent agreement reached the day prior, the Senate discharged the committee, a unanimous consent agreement reached the day prior, the Senate discharged the committee,
considered the joint resolution with limited debate, and passed the measure, 54-41.considered the joint resolution with limited debate, and passed the measure, 54-41.6365 As when the As when the
Senate previously considered H.J.Res. 46, the Committee on Armed Services was discharged Senate previously considered H.J.Res. 46, the Committee on Armed Services was discharged
after 15 calendar days, matching the timeline set by the NEA. after 15 calendar days, matching the timeline set by the NEA.
S.J.Res. 54 was transmitted to the House on the same day it passed in the Senate, where it was S.J.Res. 54 was transmitted to the House on the same day it passed in the Senate, where it was
held at the desk.held at the desk.6466 On September 27, the House considered S.J.Res. 54 under a special rule On September 27, the House considered S.J.Res. 54 under a special rule
reported by the Committee on Rules (H.Res. 591) and passed the measure after one hour of reported by the Committee on Rules (H.Res. 591) and passed the measure after one hour of
debate, 236-174.debate, 236-174.6567
President Trump vetoed S.J.Res. 54 on October 15, 2019. His veto message was received the next President Trump vetoed S.J.Res. 54 on October 15, 2019. His veto message was received the next
day in the Senate. On October 17, the Senate proceeded to debate S.J.Res. 54 pursuant to a day in the Senate. On October 17, the Senate proceeded to debate S.J.Res. 54 pursuant to a
unanimous consent agreement reached the day prior.unanimous consent agreement reached the day prior.6668 Following debate, the Senate voted 53-36, Following debate, the Senate voted 53-36,
not securing the requisite two-thirds support needed to override the President’s veto.not securing the requisite two-thirds support needed to override the President’s veto.67

6169 H.J.Res. 46 and H.J.Res. 52, 117th Congress Two terminating joint resolutions, H.J.Res. 46 and H.J.Res. 52, were introduced in the House during the 117th Congress. Although neither measure saw floor action, the measures are worth highlighting for a few novel factors in their composition and procedural handling. Both resolutions proposed to terminate the national emergency concerning the COVID-19 outbreak, 63 Congressional Record, daily edition,, daily edition, volvol.165165, (March 14, 2019), pp. S1857-S1882(March 14, 2019), pp. S1857-S1882. 64
62 Congressional Record, daily edition,, daily edition, volvol.165165, (March 26, 2019), pp. H2814-H2815(March 26, 2019), pp. H2814-H2815. 65
63 Text of the unanimous consent agreement is available at Text of the unanimous consent agreement is available at Congressional Record, daily edition,, daily edition, volvol.165165, (September (September
24, 2019) pp. S5668-S5669. Debate and passage of S.J.Res. 54 in the Senate can be found at 24, 2019) pp. S5668-S5669. Debate and passage of S.J.Res. 54 in the Senate can be found at Congressional Record, ,
daily edition,daily edition, vol. 165vol. 165, (September 25, 2019), pp. S5674-S5681. (September 25, 2019), pp. S5674-S5681.
6466 S.J.Res. 54 was not eligible in the House for expedited consideration under provisions specified in the NEA pursuant S.J.Res. 54 was not eligible in the House for expedited consideration under provisions specified in the NEA pursuant
to an earlier adopted special rule. More specifically, Section 2 of H.Res. 144 stated that for the remainder of the 116th to an earlier adopted special rule. More specifically, Section 2 of H.Res. 144 stated that for the remainder of the 116th
Congress, Congress, ~~section~~Section 202 of the National Emergencies Act would not apply to joint resolutions terminating the February 202 of the National Emergencies Act would not apply to joint resolutions terminating the February
2019 emergency declaration. Absent this rule, it is likely that the resolution would not have been held at the desk and 2019 emergency declaration. Absent this rule, it is likely that the resolution would not have been held at the desk and
instead referred to the appropriate committee of jurisdiction as provided for under the NEA (50 U.S.C. §1622(c)(3)). instead referred to the appropriate committee of jurisdiction as provided for under the NEA (50 U.S.C. §1622(c)(3)).
6567 Debate and passage of S.J.Res. 54 in the House can be found at Debate and passage of S.J.Res. 54 in the House can be found at Congressional Record, daily edition,, daily edition, volvol.165165,
(September 27, 2019), pp. H8061-H8071. (September 27, 2019), pp. H8061-H8071.
6668 The text of the unanimous consent agreement can be found at The text of the unanimous consent agreement can be found at Congressional Record, daily edition,, daily edition, volvol.165165, (October (October
16, 2019), p. S582. 16, 2019), p. S582.
6769 Congressional Record, daily edition, vol.165, (October 17, 2019), pp. S5869-S5875. Congressional Research Service 15 National Emergencies Act: Expedited Procedures in the House and Senate which was first declared by President Trump on March 13, 2020, and extended by President Biden on February 18, 2022. Introduction of these measures is the first time Congress has proposed terminating a national emergency declared by one President and continued by another. In these cases, the text of H.J.Res. 46 and H.J.Res. 52 proposed termination of the original emergency declaration under President Trump and did not reference the continuation by President Biden. Presumably, had either resolution been enacted, this legislative text would have had the effect of nullifying President Biden’s continuation by virtue of terminating the underlying original declaration. Assuming a Member of Congress desires to terminate a long-standing national emergency declaration that has been continued into the present, the approach established by these measures suggests that any future legislative text might be drafted to terminate the original emergency declaration. H.J.Res. 46 was introduced on May 20, 2021, by Representative Paul Gosar, and referred to the Committee on Transportation and Infrastructure. On June 14, 2021, the Committee on Rules reported and the House agreed to a special rule containing language turning off the NEA’s expedited procedures specifically for H.J.Res. 46.70 No further action was taken on the resolution by the House. Representative Gosar introduced a second terminating resolution, H.J.Res. 52, on June 16, 2021, with text identical to H.J.Res. 46. Because the prior action by the House turned off expedited consideration only for H.J.Res. 46, the newly introduced H.J.Res. 52 was also eligible for expedited consideration under the NEA. As a result, the Committee on Rules reported another special rule that was also adopted by the House. This new language turned off the NEA’s procedures for any joint resolution terminating the COVID-19 national emergency declaration made on March 13, 2020. S.J.Res. 38, 117th Congress On February 14, 2022, Senator Roger Marshall introduced S.J.Res. 38, proposing to terminate the COVID-19 national emergency declaration made by President Trump on March 13, 2020. As part of that declaration, President Trump granted emergency authority to the Secretary of Health and Human Services to temporarily waive certain health care requirements under the Social Security Act. Given the nature of the authorities invoked by the President, S.J.Res. 38 was referred to the Committee on Finance, which, as noted, has jurisdiction over health programs under the Social Security Act. The Committee on Finance was discharged from further consideration of S.J.Res. 38 on March 3, pursuant to the terms of a unanimous consent agreement reached the day prior.71 As part of that order, S.J.Res. 38 was then debated in the Senate for three hours of equally divided time and then agreed to 48-47. No action on S.J.Res. 38 was taken in the House, as the chamber had earlier adopted a special rule turning off expedited consideration of certain legislation considered under the NEA for the remainder of the 117th Congress.72 70 H.Res. 473, Section 6, states that “[t]he provisions of section 202 of the National Emergencies Act (50 U.S.C. 1622) shall not apply to House Joint Resolution 46.” 71 The unanimous consent agreement appears at Congressional Record, daily edition, vol. 168 (March 2, 2022), pp. S946-S947. 72 See H.Res. 508, §4. Congressional Research Service 16 National Emergencies Act: Expedited Procedures in the House and Senate S.J.Res. 63, 117th Congress Although the Senate passed a joint resolution terminating the COVID-19 national emergency earlier in the Congress (S.J.Res. 38), no action was taken on that measure in the House.73 As a result, Senator Marshall introduced an identical terminating resolution, S.J.Res. 63, on September 22, 2022. S.J.Res. 63 appears to have been eligible for expedited consideration in the Senate because more than six months had passed since the chamber last voted to terminate a national emergency. (The Senate voted to pass S.J.Res. 38 on March 3, 2022.) S.J.Res. 63 was discharged from the Committee on Finance on October 11, 2022, after the 15-day referral period expired and the committee took no action on the measure.74 At that time, the Senate was in a recess period and only meeting for pro forma sessions during which no business was occurring, pursuant to a unanimous consent order. As a result, S.J.Res. 63 was placed on the Senate Calendar of Business after it was automatically discharged from committee. When the Senate returned on November 14, 2022, the chamber agreed by unanimous consent to proceed to S.J.Res. 63 at a time determined by the majority leader in consultation with the minority leader with 30 minutes of debate, equally divided. The Senate took up S.J.Res. 63 the next day and passed the measure 62-36. No action was taken on the measure in the House. Congressional Record, daily edition, vol.165, (October 17, 2019), pp. S5869-S5875.
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Author Information

Michael Greene Michael Greene

Analyst on Congress and the Legislative Process Analyst on Congress and the Legislative Process

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73 See H.Res. 508, §4. 74 Although the 15 calendar day committee review period expired on October 7, 2022, the Senate was not in session that day. Instead, the committee was discharged from further consideration of the measure during the Senate’s next session day on October 11, 2022. Congressional Research Service Congressional Research Service
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