I 

116TH CONGRESS 

1ST SESSION H. R. 1843 

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

declared by the President terminates 60 days after the President reprograms or transfers an amount in excess of $250,000,000 for use in 

response to such emergency, unless a joint resolution affirming such 

declaration is enacted into law. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2019 

Mr. GALLAGHER 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 60 days after the President reprograms or transfers an amount in excess of $250,000,000 for use in 

response to such emergency, unless a joint resolution 

affirming such declaration is enacted into law. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Modernization Act of 2019’’. 

4 SEC. 2. TERMINATION OF NATIONAL EMERGENCY IF 

5 AMOUNTS OVER $250,000,000 REPRO6 GRAMMED OR TRANSFERRED. 

7 Section 202 of the National Emergencies Act (50 

8 U.S.C. 1622) is amended— 

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

10 following: 

11 ‘‘(a) Any national emergency declared by the Presi12 dent in accordance with this title shall terminate on the 

13 earliest of— 

14 ‘‘(1) the date provided for in subsection (b)(3); 

15 ‘‘(2) the date on which there is enacted into law 

16 a joint resolution terminating the emergency; or 

17 ‘‘(3) the date on which the President issues a 

18 proclamation terminating the emergency.’’; 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘Not later than six’’ and 

21 inserting ‘‘(1) Not later than six’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(2) In any case in which national emergency is ter24 minated under this section, any powers or authorities exer25 cised by reason of said emergency shall cease to be exerVerDate Sep 11 2014 05:01 Apr 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1843.IH H1843

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1 cised after the date of termination of such emergency, ex2 cept that a termination shall not affect— 

3 ‘‘(A) any action taken or proceeding pending 

4 not finally concluded or determined on such date; 

5 ‘‘(B) any action or proceeding based on any act 

6 committed prior to such date; or 

7 ‘‘(C) any rights or duties that matured or pen8 alties that were incurred prior to such date. 

9 ‘‘(3)(A) In the case of a national emergency declared 

10 by the President under section 201 in which the President 

11 reprograms or transfers an amount in excess of 

12 $250,000,000 for use in response to such emergency, the 

13 national emergency shall terminate on the date that is 60 

14 days after the first legislative day that occurs after such 

15 amount is exceeded unless there is enacted into law a joint 

16 resolution approving the emergency pursuant to sub17 section (c). 

18 ‘‘(B) If there is enacted into law a joint resolution 

19 approving the emergency under subparagraph (A), such 

20 emergency shall not be eligible for termination under this 

21 paragraph, regardless of any action relating to reprogram22 ming or transferring of funds. 

23 ‘‘(C) Nothing in this paragraph shall be construed to 

24 limit or prohibit the President from reprogramming or 

25 transferring funds for use in response to a national emerVerDate Sep 11 2014 05:01 Apr 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1843.IH H1843

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1 gency declared under section 201 that has not been termi2 nated under this section. 

3 ‘‘(4) Effective on the date of the termination of a na4 tional emergency under this section, any amounts repro5 grammed or transferred under any provision of law with 

6 respect to the emergency that remain unobligated on that 

7 date shall be returned and made available for the purpose 

8 for which such amounts were appropriated.’’; and 

9 (3) in subsection (c)— 

10 (A) in paragraph (1) by inserting ‘‘or ap11 prove’’ after ‘‘terminate’’; and 

12 (B) in paragraph (5) by striking ‘‘sub13 section (b)’’ and inserting ‘‘subsection (b)(1)’’. 

14 SEC. 3. EXERCISE OF EMERGENCY POWERS AND AUTHORI15 TIES. 

16 Section 301 of the National Emergencies Act (50 

17 U.S.C. 1631) is amended by striking ‘‘Such specification’’ 

18 and inserting ‘‘For any instance of reprogramming or 

19 transfer of funds for use in response to a national emer20 gency, the President shall specify the derivation, amount, 

21 and intended use of such funds. Such specifications’’. 


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1 SEC. 4. APPLICABILITY. 

2 The amendments made by this Act shall only apply 

3 with respect to a national emergency declared by the 

4 President on or after the date of enactment of this Act. 

Æ 


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