I 

116TH CONGRESS 

1ST SESSION H. R. 1720 

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 

MARCH 13, 2019 

Mr. BIGGS (for himself, Mr. BUCK, and Mr. SENSENBRENNER) 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 2019’’. 


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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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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 23:02 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1720.IH H1720

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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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