National Emergencies Modernization Act of 2019

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- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 05:01 Apr 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1843.IH H1843 kjohnson on DSK79L0C42 with BILLS 2 •HR 1843 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘National Emergencies 2 Modernization Act of 2019’’. 3 SEC. 2. TERMINATION OF NATIONAL EMERGENCY IF 4 AMOUNTS OVER $250,000,000 REPRO- 5 GRAMMED OR TRANSFERRED. 6 Section 202 of the National Emergencies Act (50 7 U.S.C. 1622) is amended— 8 (1) by striking subsection (a) and inserting the 9 following: 10 ‘‘(a) Any national emergency declared by the Presi- 11 dent in accordance with this title shall terminate on the 12 earliest of— 13 ‘‘(1) the date provided for in subsection (b)(3); 14 ‘‘(2) the date on which there is enacted into law 15 a joint resolution terminating the emergency; or 16 ‘‘(3) the date on which the President issues a 17 proclamation terminating the emergency.’’; 18 (2) in subsection (b)— 19 (A) by striking ‘‘Not later than six’’ and 20 inserting ‘‘(1) Not later than six’’; and 21 (B) by adding at the end the following: 22 ‘‘(2) In any case in which national emergency is ter- 23 minated under this section, any powers or authorities exer- 24 cised by reason of said emergency shall cease to be exer- 25 VerDate Sep 11 2014 05:01 Apr 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1843.IH H1843 kjohnson on DSK79L0C42 with BILLS 3 •HR 1843 IH cised after the date of termination of such emergency, ex- 1 cept that a termination shall not affect— 2 ‘‘(A) any action taken or proceeding pending 3 not finally concluded or determined on such date; 4 ‘‘(B) any action or proceeding based on any act 5 committed prior to such date; or 6 ‘‘(C) any rights or duties that matured or pen- 7 alties that were incurred prior to such date. 8 ‘‘(3)(A) In the case of a national emergency declared 9 by the President under section 201 in which the President 10 reprograms or transfers an amount in excess of 11 $250,000,000 for use in response to such emergency, the 12 national emergency shall terminate on the date that is 60 13 days after the first legislative day that occurs after such 14 amount is exceeded unless there is enacted into law a joint 15 resolution approving the emergency pursuant to sub- 16 section (c). 17 ‘‘(B) If there is enacted into law a joint resolution 18 approving the emergency under subparagraph (A), such 19 emergency shall not be eligible for termination under this 20 paragraph, regardless of any action relating to reprogram- 21 ming or transferring of funds. 22 ‘‘(C) Nothing in this paragraph shall be construed to 23 limit or prohibit the President from reprogramming or 24 transferring funds for use in response to a national emer- 25 VerDate Sep 11 2014 05:01 Apr 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1843.IH H1843 kjohnson on DSK79L0C42 with BILLS 4 •HR 1843 IH gency declared under section 201 that has not been termi- 1 nated under this section. 2 ‘‘(4) Effective on the date of the termination of a na- 3 tional emergency under this section, any amounts repro- 4 grammed or transferred under any provision of law with 5 respect to the emergency that remain unobligated on that 6 date shall be returned and made available for the purpose 7 for which such amounts were appropriated.’’; and 8 (3) in subsection (c)— 9 (A) in paragraph (1) by inserting ‘‘or ap- 10 prove’’ after ‘‘terminate’’; and 11 (B) in paragraph (5) by striking ‘‘sub- 12 section (b)’’ and inserting ‘‘subsection (b)(1)’’. 13 SEC. 3. EXERCISE OF EMERGENCY POWERS AND AUTHORI- 14 TIES. 15 Section 301 of the National Emergencies Act (50 16 U.S.C. 1631) is amended by striking ‘‘Such specification’’ 17 and inserting ‘‘For any instance of reprogramming or 18 transfer of funds for use in response to a national emer- 19 gency, the President shall specify the derivation, amount, 20 and intended use of such funds. Such specifications’’. 21 VerDate Sep 11 2014 05:01 Apr 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1843.IH H1843 kjohnson on DSK79L0C42 with BILLS 5 •HR 1843 IH SEC. 4. APPLICABILITY. 1 The amendments made by this Act shall only apply 2 with respect to a national emergency declared by the 3 President on or after the date of enactment of this Act. 4 Æ VerDate Sep 11 2014 05:01 Apr 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1843.IH H1843 kjohnson on DSK79L0C42 with BILLS