Title: National Emergencies Reform Act
Policy area: Emergency Management

Summary:
National Emergencies Reform Act
This bill revises provisions of the National Emergencies Act relating to the termination of presidentially-declared national emergencies. Specifically, the bill provides that any national emergency declared by the President shall terminate if (1) no joint resolution has been enacted affirming the declaration of such emergency before the expiration of the 48-hour period beginning on the first day after such emergency is declared and on which both houses of Congress are in session, (2) a joint resolution is enacted terminating the emergency, or (3) the President issues a proclamation terminating the emergency.
The date on which a presidentially-declared emergency terminates is 60 days after the President transmits to Congress the proclamation declaring the emergency or Congress affirms a previous renewal unless the President publishes in the Federal Register and transmits to Congress an executive order renewing the emergency, and a joint resolution is enacted affirming the renewal of the declaration.
A national emergency declared before the enactment of this bill shall be unaffected by the amendments made by this bill except that such emergencies shall terminate 60 days after enactment unless renewed.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9041 Introduced in House (IH)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Emergencies Reform Act''.

SEC. 2. SUNSET FOR NATIONAL EMERGENCIES WITHOUT CONGRESSIONAL APPROVAL.

    (a) In General.--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 President in 
accordance with this title shall terminate if--
            ``(1) there has not been enacted into law a joint 
        resolution affirming the declaration of such emergency, 
        including the specific emergency powers approved with respect 
        to such emergency, before the expiration of the 48-hour period 
        which begins on the first day which occurs after such national 
        emergency is declared and on which both houses of Congress are 
        in session (including in a pro forma session);
            ``(2) there is enacted into law a joint resolution 
        terminating the emergency; or
            ``(3) the President issues a proclamation terminating the 
        emergency.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b)(1) The date on which a national emergency is terminated 
pursuant to subsection (a) shall be the first occurrence of any of the 
following dates:
            ``(A) The last date of the period described in subsection 
        (a)(1).
            ``(B) The date specified in any joint resolution referred 
        to in subsection (a)(2).
            ``(C) The date specified in a proclamation by the President 
        terminating the emergency as provided in subsection (a)(3).
    ``(2) Effective on the date of the termination of a national 
emergency under paragraph (1)--
            ``(A) any amounts reprogrammed 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;
            ``(B) any contracts entered into under any provision of law 
        for construction relating to the emergency shall be terminated 
        unless construction commenced under the contract before that 
        date; and
            ``(C) any powers or authorities exercised by reason of said 
        emergency shall cease to be exercised after that date, except 
        that a termination shall not affect--
                    ``(i) any action taken or proceeding pending not 
                finally concluded or determined on such date;
                    ``(ii) any action or proceeding based on any act 
                committed prior to such date; or
                    ``(iii) any rights or duties that matured or 
                penalties that were incurred prior to such date.'';
            (3) in subsection (c)--
                    (A) in paragraph (1) by inserting ``or affirm'' 
                after ``terminate''; and
                    (B) in paragraph (5) by striking ``, subsection (b) 
                of this section,''; and
            (4) by striking subsection (d) and inserting the following:
    ``(d) A national emergency declared by the President under section 
201, affirmed by a joint resolution under subsection (a)(1), and not 
otherwise previously terminated, shall terminate on the date that is 60 
days after the President transmitted to Congress the proclamation 
declaring the emergency under section 201(a) or Congress affirms a 
previous renewal pursuant to this subsection, unless--
            ``(1) the President publishes in the Federal Register and 
        transmits to Congress an Executive order renewing the 
        emergency; and
            ``(2) there is enacted into law a joint resolution 
        affirming the renewal of the declaration, according to the 
        requirements of subsection (c), before the termination of the 
        emergency or previous renewal of the emergency.''.
    (b) Application to National Emergencies Previously Declared.--A 
national emergency declared under section 201 of the National 
Emergencies Act (50 U.S.C. 1601 et seq.) before the date of the 
enactment of this Act shall be unaffected by the amendments made by 
this Act except that such emergencies shall terminate on the date that 
is 60 days after such date of enactment unless the emergency is renewed 
under section 201(d) of the National Emergencies Act, as amended by 
this Act.
                                 <all>