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Nat'l Emergencies Bill Goes for Cmte. Markup

June 24, 2019


WASHINGTON, June 19, 2019--A bill was submitted for committee markup that seeks greater congressional control over the president's national emergency authority.

On June 19, 2019, the "Assuring that Robust, Thorough, and Informed Congressional Leadership is Exercised Over National Emergencies Act", or the ARTICLE ONE Act, was tabled for markup during the Senate Homeland and Government Affairs Committee meeting. The bill institutes an automatic 30-day expiration date for any national emergencies the president declares, unless the measure is approved by a joint resolution of congress. Another key provision mandates that the president cite legal rational for proclaiming the emergency, as well as for any actions taken.

Senator Ron Johnson (R-WI), a co-sponsor of the bill and committee chairman, has stated his hopes that the new legislation would enable more meaningful congressional oversight while preserving the president's ability to quickly respond to terrorists, "I want to make sure we can effectively utilize sanctions against wrongdoers. The timing is critically important. You want to be able to seize their assets, you want to make sure your allies are fully confident that if they take action, it's not going to be undermined by an Act of Congress."

In recent months, presidential
national emergency declarations have served as rationale for importation restrictions on Chinese telecommunications goods and for threatening to impose significant tariffs on Mexican imports.

For more information about the ARTICLE ONE Act or the presidental national emergencies and attendant trade measures, please
contact one of the attorneys at Barnes, Richardson & Colburn, LLP. For 100 years, Barnes, Richardson & Colburn has focused on international trade regulation and customs law and has advised over one third of manufacturers in the Fortune 100.