I 

116TH CONGRESS 

2D SESSION H. R. 9041 

To amend the National Emergencies Act to provide for a sunset of a national 

emergency declared by the President 2 days after the declaration unless 

Congress enacts a joint resolution affirming such declaration and the 

emergency powers approved for use by the President, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 21, 2020 

Mr. AMASH 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 for a 

sunset of a national emergency declared by the President 

2 days after the declaration unless Congress enacts a 

joint resolution affirming such declaration and the emergency powers approved for use by the President, 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, 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 9041 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Emergencies 

3 Reform Act’’. 

4 SEC. 2. SUNSET FOR NATIONAL EMERGENCIES WITHOUT 

5 CONGRESSIONAL APPROVAL. 

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

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

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

9 following: 

10 ‘‘(a) Any national emergency declared by the Presi11 dent in accordance with this title shall terminate if— 

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

13 resolution affirming the declaration of such emer14 gency, including the specific emergency powers ap15 proved with respect to such emergency, before the 

16 expiration of the 48-hour period which begins on the 

17 first day which occurs after such national emergency 

18 is declared and on which both houses of Congress 

19 are in session (including in a pro forma session); 

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

21 terminating the emergency; or 

22 ‘‘(3) the President issues a proclamation termi23 nating the emergency.’’; 

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

25 following: 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 9041 IH

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

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

3 occurrence of any of the following dates: 

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

5 subsection (a)(1). 

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

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

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

9 the President terminating the emergency as provided 

10 in subsection (a)(3). 

11 ‘‘(2) Effective on the date of the termination of a na12 tional emergency under paragraph (1)— 

13 ‘‘(A) any amounts reprogrammed or transferred 

14 under any provision of law with respect to the emer15 gency that remain unobligated on that date shall be 

16 returned and made available for the purpose for 

17 which such amounts were appropriated; 

18 ‘‘(B) any contracts entered into under any pro19 vision of law for construction relating to the emer20 gency shall be terminated unless construction com21 menced under the contract before that date; and 

22 ‘‘(C) any powers or authorities exercised by rea23 son of said emergency shall cease to be exercised 

24 after that date, except that a termination shall not 

25 affect— 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 9041 IH

1 ‘‘(i) any action taken or proceeding pend2 ing not finally concluded or determined on such 

3 date; 

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

5 act committed prior to such date; or 

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

7 penalties that were incurred prior to such 

8 date.’’; 

9 (3) in subsection (c)— 

10 (A) in paragraph (1) by inserting ‘‘or af11 firm’’ after ‘‘terminate’’; and 

12 (B) in paragraph (5) by striking ‘‘, sub13 section (b) of this section,’’; and 

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

15 following: 

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

17 under section 201, affirmed by a joint resolution under 

18 subsection (a)(1), and not otherwise previously termi19 nated, shall terminate on the date that is 60 days after 

20 the President transmitted to Congress the proclamation 

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

22 affirms a previous renewal pursuant to this subsection, 

23 unless— 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 9041 IH

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

2 Register and transmits to Congress an Executive 

3 order renewing the emergency; and 

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

5 affirming the renewal of the declaration, according 

6 to the requirements of subsection (c), before the ter7 mination of the emergency or previous renewal of 

8 the emergency.’’. 

9 (b) APPLICATION TO NATIONAL EMERGENCIES PRE10 VIOUSLY DECLARED.—A national emergency declared 

11 under section 201 of the National Emergencies Act (50 

12 U.S.C. 1601 et seq.) before the date of the enactment of 

13 this Act shall be unaffected by the amendments made by 

14 this Act except that such emergencies shall terminate on 

15 the date that is 60 days after such date of enactment un16 less the emergency is renewed under section 201(d) of the 

17 National Emergencies Act, as amended by this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS