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 repro-
grams 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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Foreign Affairs, and Rules, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions 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 termi-
nates 60 days after the President reprograms or trans-
fers 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Emergencies 
Modernization Act of 2019’’. 
SEC. 2. TERMINATION OF NATIONAL EMERGENCY IF 
AMOUNTS 
OVER 
$250,000,000 
REPRO-
GRAMMED OR TRANSFERRED. 
Section 202 of the National Emergencies Act (50 
U.S.C. 1622) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) Any national emergency declared by the Presi-
dent in accordance with this title shall terminate on the 
earliest of— 
‘‘(1) the date provided for in subsection (b)(3); 
‘‘(2) the date on which there is enacted into law 
a joint resolution terminating the emergency; or 
‘‘(3) the date on which the President issues a 
proclamation terminating the emergency.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘Not later than six’’ and 
inserting ‘‘(1) Not later than six’’; and 
(B) by adding at the end the following: 
‘‘(2) In any case in which national emergency is ter-
minated under this section, any powers or authorities exer-
cised by reason of said emergency shall cease to be exer-
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cised after the date of termination of such emergency, ex-
cept that a termination shall not affect— 
‘‘(A) any action taken or proceeding pending 
not finally concluded or determined on such date; 
‘‘(B) any action or proceeding based on any act 
committed prior to such date; or 
‘‘(C) any rights or duties that matured or pen-
alties that were incurred prior to such date. 
‘‘(3)(A) In the case of a national emergency declared 
by the President under section 201 in which the President 
reprograms or transfers an amount in excess of 
$250,000,000 for use in response to such emergency, the 
national emergency shall terminate on the date that is 60 
days after the first legislative day that occurs after such 
amount is exceeded unless there is enacted into law a joint 
resolution approving the emergency pursuant to sub-
section (c). 
‘‘(B) If there is enacted into law a joint resolution 
approving the emergency under subparagraph (A), such 
emergency shall not be eligible for termination under this 
paragraph, regardless of any action relating to reprogram-
ming or transferring of funds. 
‘‘(C) Nothing in this paragraph shall be construed to 
limit or prohibit the President from reprogramming or 
transferring funds for use in response to a national emer-
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gency declared under section 201 that has not been termi-
nated under this section. 
‘‘(4) Effective on the date of the termination of a na-
tional emergency under this section, any amounts repro-
grammed or transferred under any provision of law with 
respect to the emergency that remain unobligated on that 
date shall be returned and made available for the purpose 
for which such amounts were appropriated.’’; and 
(3) in subsection (c)— 
(A) in paragraph (1) by inserting ‘‘or ap-
prove’’ after ‘‘terminate’’; and 
(B) in paragraph (5) by striking ‘‘sub-
section (b)’’ and inserting ‘‘subsection (b)(1)’’. 
SEC. 3. EXERCISE OF EMERGENCY POWERS AND AUTHORI-
TIES. 
Section 301 of the National Emergencies Act (50 
U.S.C. 1631) is amended by striking ‘‘Such specification’’ 
and inserting ‘‘For any instance of reprogramming or 
transfer of funds for use in response to a national emer-
gency, the President shall specify the derivation, amount, 
and intended use of such funds. Such specifications’’. 
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SEC. 4. APPLICABILITY. 
The amendments made by this Act shall only apply 
with respect to a national emergency declared by the 
President on or after the date of enactment of this Act. 
Æ 
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