I 

118TH CONGRESS 

1ST SESSION H. R. 121 

To amend the National Emergencies Act to provide that a national emergency 

declared by the President terminates 30 days after the declaration unless 

a joint resolution affirming such declaration is enacted into law, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. BIGGS introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committees 

on Foreign Affairs, and Rules, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To amend the National Emergencies Act to provide that 

a national emergency declared by the President terminates 30 days after the declaration unless a joint resolution affirming such declaration is enacted into law, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Limiting Emergency 

5 Powers Act of 2023’’. 


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•HR 121 IH

1 SEC. 2. LIMITATION ON DURATION OF NATIONAL EMER2 GENCY WITHOUT CONGRESSIONAL AP3 PROVAL. 

4 (a) IN GENERAL.—Section 202 of the National 

5 Emergencies Act (50 U.S.C. 1622) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) Any national emergency declared by the Presi9 dent in accordance with this title shall terminate if— 

10 ‘‘(1) there has not been enacted into law a joint 

11 resolution affirming the declaration of such national 

12 emergency before the date that is 30 days after the 

13 date on which such national emergency is declared; 

14 ‘‘(2) there is enacted into law a joint resolution 

15 terminating the emergency; or 

16 ‘‘(3) the President issues a proclamation termi17 nating the emergency.’’; 

18 (2) by striking subsection (b) and inserting the 

19 following: 

20 ‘‘(b)(1) The date on which a national emergency is 

21 terminated pursuant to subsection (a) shall be the first 

22 occurrence of any of the following dates: 

23 ‘‘(A) The last date of the period described in 

24 subsection (a)(1). 

25 ‘‘(B) The date specified in any joint resolution 

26 referred to in subsection (a)(2). 


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•HR 121 IH

1 ‘‘(C) The date specified in a proclamation by 

2 the President terminating the emergency as provided 

3 in subsection (a)(3). 

4 ‘‘(2) Effective on the date of the termination of a na5 tional emergency under paragraph (1)— 

6 ‘‘(A) any amounts reprogrammed or transferred 

7 under any provision of law with respect to the emer8 gency that remain unobligated on that date shall be 

9 returned and made available for the purpose for 

10 which such amounts were appropriated; 

11 ‘‘(B) any contracts entered into under any pro12 vision of law for construction relating to the emer13 gency shall be terminated unless construction com14 menced under the contract before that date; and 

15 ‘‘(C) any powers or authorities exercised by rea16 son of said emergency shall cease to be exercised 

17 after that date, except that a termination shall not 

18 affect— 

19 ‘‘(i) any action taken or proceeding pend20 ing not finally concluded or determined on such 

21 date; 

22 ‘‘(ii) any action or proceeding based on any 

23 act committed prior to such date; or 


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1 ‘‘(iii) any rights or duties that matured or 

2 penalties that were incurred prior to such 

3 date.’’; 

4 (3) in subsection (c)— 

5 (A) in paragraph (1) by inserting ‘‘or af6 firm’’ after ‘‘terminate’’; and 

7 (B) in paragraph (5) by striking ‘‘, sub8 section (b) of this section,’’; and 

9 (4) by striking subsection (d) and inserting the 

10 following: 

11 ‘‘(d) A national emergency declared by the President 

12 under section 201, affirmed by a joint resolution under 

13 subsection (a)(1), and not otherwise previously termi14 nated, shall terminate on the date that is 2 years after 

15 the President transmitted to Congress the proclamation 

16 declaring the emergency under section 201(a) or Congress 

17 affirms a previous renewal pursuant to this subsection, 

18 unless— 

19 ‘‘(1) the President publishes in the Federal 

20 Register and transmits to Congress an Executive 

21 order renewing the emergency; and 

22 ‘‘(2) there is enacted into law a joint resolution 

23 affirming the renewal of the declaration, according 

24 to the requirements of subsection (c), before the terVerDate Sep 11 2014 00:16 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H121.IH H121

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1 mination of the emergency or previous renewal of 

2 the emergency.’’. 

3 (b) APPLICATION TO NATIONAL EMERGENCIES PRE4 VIOUSLY DECLARED.—A national emergency declared 

5 under section 201 of the National Emergencies Act (50 

6 U.S.C. 1621 et seq.) before the date of the enactment of 

7 this Act shall be unaffected by the amendments made by 

8 this Act except that such emergencies shall terminate on 

9 the date that is 2 years after such date of enactment un10 less the emergency is renewed under section 201(d) of the 

11 National Emergencies Act, as amended by this Act. 

Æ 


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