Limiting Emergency Powers Act of 2019

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 Af- fairs, 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 termi- nates 30 days after the declaration unless a joint resolu- tion affirming such declaration is enacted into law, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Limiting Emergency 4 Powers Act of 2019’’. 5 VerDate Sep 11 2014 23:02 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1720.IH H1720 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1720 IH SEC. 2. LIMITATION ON DURATION OF NATIONAL EMER- 1 GENCY WITHOUT CONGRESSIONAL AP- 2 PROVAL. 3 (a) IN GENERAL.—Section 202 of the National 4 Emergencies Act (50 U.S.C. 1622) is amended— 5 (1) by striking subsection (a) and inserting the 6 following: 7 ‘‘(a) Any national emergency declared by the Presi- 8 dent in accordance with this title shall terminate if— 9 ‘‘(1) there has not been enacted into law a joint 10 resolution affirming the declaration of such national 11 emergency before the date that is 30 days after the 12 date on which such national emergency is declared; 13 ‘‘(2) there is enacted into law a joint resolution 14 terminating the emergency; or 15 ‘‘(3) the President issues a proclamation termi- 16 nating the emergency.’’; 17 (2) by striking subsection (b) and inserting the 18 following: 19 ‘‘(b)(1) The date on which a national emergency is 20 terminated pursuant to subsection (a) shall be the first 21 occurrence of any of the following dates: 22 ‘‘(A) The last date of the period described in 23 subsection (a)(1). 24 ‘‘(B) The date specified in any joint resolution 25 referred to in subsection (a)(2). 26 VerDate Sep 11 2014 23:02 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1720.IH H1720 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1720 IH ‘‘(C) The date specified in a proclamation by 1 the President terminating the emergency as provided 2 in subsection (a)(3). 3 ‘‘(2) Effective on the date of the termination of a na- 4 tional emergency under paragraph (1)— 5 ‘‘(A) any amounts reprogrammed or transferred 6 under any provision of law with respect to the emer- 7 gency that remain unobligated on that date shall be 8 returned and made available for the purpose for 9 which such amounts were appropriated; 10 ‘‘(B) any contracts entered into under any pro- 11 vision of law for construction relating to the emer- 12 gency shall be terminated unless construction com- 13 menced under the contract before that date; and 14 ‘‘(C) any powers or authorities exercised by rea- 15 son of said emergency shall cease to be exercised 16 after that date, except that a termination shall not 17 affect— 18 ‘‘(i) any action taken or proceeding pend- 19 ing not finally concluded or determined on such 20 date; 21 ‘‘(ii) any action or proceeding based on any 22 act committed prior to such date; or 23 VerDate Sep 11 2014 23:02 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1720.IH H1720 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1720 IH ‘‘(iii) any rights or duties that matured or 1 penalties that were incurred prior to such 2 date.’’; 3 (3) in subsection (c)— 4 (A) in paragraph (1) by inserting ‘‘or af- 5 firm’’ after ‘‘terminate’’; and 6 (B) in paragraph (5) by striking ‘‘, sub- 7 section (b) of this section,’’; and 8 (4) by striking subsection (d) and inserting the 9 following: 10 ‘‘(d) A national emergency declared by the President 11 under section 201, affirmed by a joint resolution under 12 subsection (a)(1), and not otherwise previously termi- 13 nated, shall terminate on the date that is 2 years after 14 the President transmitted to Congress the proclamation 15 declaring the emergency under section 201(a) or Congress 16 affirms a previous renewal pursuant to this subsection, 17 unless— 18 ‘‘(1) the President publishes in the Federal 19 Register and transmits to Congress an Executive 20 order renewing the emergency; and 21 ‘‘(2) there is enacted into law a joint resolution 22 affirming the renewal of the declaration, according 23 to the requirements of subsection (c), before the ter- 24 VerDate Sep 11 2014 23:02 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1720.IH H1720 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1720 IH mination of the emergency or previous renewal of 1 the emergency.’’. 2 (b) APPLICATION TO NATIONAL EMERGENCIES PRE- 3 VIOUSLY DECLARED.—A national emergency declared 4 under section 201 of the National Emergencies Act (50 5 U.S.C. 1621 et seq.) before the date of the enactment of 6 this Act shall be unaffected by the amendments made by 7 this Act except that such emergencies shall terminate on 8 the date that is 2 years after such date of enactment un- 9 less the emergency is renewed under section 201(d) of the 10 National Emergencies Act, as amended by this Act. 11 Æ VerDate Sep 11 2014 23:02 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1720.IH H1720 pbinns on DSK79D2C42PROD with BILLS