What This Bill Does
This bill changes how long a President's emergency declarations last. It requires Congress to vote and approve an emergency declaration within 30 days, or the emergency automatically ends. The bill also limits how long emergencies can continue by requiring Congress to approve any renewal of an emergency declaration every two years.
Who It Affects
The President, Congress (both the Senate and House of Representatives), and any government agencies or contractors that receive money or authority to act during a declared emergency.
Key Provisions
• A national emergency declared by the President automatically stops 30 days after the declaration unless Congress votes to approve it through a joint resolution (a type of law both chambers must pass) (Sec. 2(a)).
• Congress can also end an emergency by voting to pass a joint resolution terminating it, or the President can end it by issuing a proclamation (a formal written announcement) (Sec. 2(a)).
• When an emergency ends, any unspent money that was moved around for the emergency must go back to its original purpose, and construction contracts started for the emergency must be cancelled unless work already began (Sec. 2(b)).
• Any emergency approved by Congress must be renewed every 2 years with a new presidential order and a new Congress vote, or it automatically stops (Sec. 2(d)).
• Emergencies declared before this bill becomes law must end 2 years after this bill is enacted unless renewed under the new process (Sec. 2(b)).
What Changes
Currently, the bill text states the National Emergencies Act allows emergencies to continue longer without automatic congressional approval. This bill requires Congress to actively vote within 30 days to keep an emergency in place. It also requires Congress to vote again every 2 years for any emergency to continue.
Important Definitions
• Joint resolution: A type of law that both the Senate and House of Representatives must vote to approve.
• Proclamation: A formal written announcement made by the President.
• Federal Register: A government publication where official notices are printed.
I
118TH CONGRESS
1ST SESSION
H. R. 121
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
JANUARY 9, 2023
Mr. BIGGS 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 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,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Limiting Emergency
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Powers Act of 2023’’.
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•HR 121 IH
SEC. 2. LIMITATION ON DURATION OF NATIONAL EMER-
1
GENCY
WITHOUT
CONGRESSIONAL
AP-
2
PROVAL.
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(a) IN GENERAL.—Section 202 of the National
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Emergencies Act (50 U.S.C. 1622) is amended—
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(1) by striking subsection (a) and inserting the
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following:
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‘‘(a) Any national emergency declared by the Presi-
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dent in accordance with this title shall terminate if—
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‘‘(1) there has not been enacted into law a joint
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resolution affirming the declaration of such national
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emergency before the date that is 30 days after the
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date on which such national emergency is declared;
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‘‘(2) there is enacted into law a joint resolution
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terminating the emergency; or
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‘‘(3) the President issues a proclamation termi-
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nating the emergency.’’;
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(2) by striking subsection (b) and inserting the
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following:
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‘‘(b)(1) The date on which a national emergency is
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terminated pursuant to subsection (a) shall be the first
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occurrence of any of the following dates:
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‘‘(A) The last date of the period described in
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subsection (a)(1).
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‘‘(B) The date specified in any joint resolution
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referred to in subsection (a)(2).
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•HR 121 IH
‘‘(C) The date specified in a proclamation by
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the President terminating the emergency as provided
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in subsection (a)(3).
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‘‘(2) Effective on the date of the termination of a na-
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tional emergency under paragraph (1)—
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‘‘(A) any amounts reprogrammed or transferred
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under any provision of law with respect to the emer-
7
gency that remain unobligated on that date shall be
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returned and made available for the purpose for
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which such amounts were appropriated;
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‘‘(B) any contracts entered into under any pro-
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vision of law for construction relating to the emer-
12
gency shall be terminated unless construction com-
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menced under the contract before that date; and
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‘‘(C) any powers or authorities exercised by rea-
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son of said emergency shall cease to be exercised
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after that date, except that a termination shall not
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affect—
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‘‘(i) any action taken or proceeding pend-
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ing not finally concluded or determined on such
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date;
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‘‘(ii) any action or proceeding based on any
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act committed prior to such date; or
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•HR 121 IH
‘‘(iii) any rights or duties that matured or
1
penalties that were incurred prior to such
2
date.’’;
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(3) in subsection (c)—
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(A) in paragraph (1) by inserting ‘‘or af-
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firm’’ after ‘‘terminate’’; and
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(B) in paragraph (5) by striking ‘‘, sub-
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section (b) of this section,’’; and
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(4) by striking subsection (d) and inserting the
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following:
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‘‘(d) A national emergency declared by the President
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under section 201, affirmed by a joint resolution under
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subsection (a)(1), and not otherwise previously termi-
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nated, shall terminate on the date that is 2 years after
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the President transmitted to Congress the proclamation
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declaring the emergency under section 201(a) or Congress
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affirms a previous renewal pursuant to this subsection,
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unless—
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‘‘(1) the President publishes in the Federal
19
Register and transmits to Congress an Executive
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order renewing the emergency; and
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‘‘(2) there is enacted into law a joint resolution
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affirming the renewal of the declaration, according
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to the requirements of subsection (c), before the ter-
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•HR 121 IH
mination of the emergency or previous renewal of
1
the emergency.’’.
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(b) APPLICATION TO NATIONAL EMERGENCIES PRE-
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VIOUSLY DECLARED.—A national emergency declared
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under section 201 of the National Emergencies Act (50
5
U.S.C. 1621 et seq.) before the date of the enactment of
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this Act shall be unaffected by the amendments made by
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this Act except that such emergencies shall terminate on
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the date that is 2 years after such date of enactment un-
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less the emergency is renewed under section 201(d) of the
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National Emergencies Act, as amended by this Act.
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Æ
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