National Emergencies Reform Act

I 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 emer- gency powers approved for use by the President, 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 VerDate Sep 11 2014 19:06 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9041.IH H9041 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 9041 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘National Emergencies 2 Reform Act’’. 3 SEC. 2. SUNSET FOR NATIONAL EMERGENCIES WITHOUT 4 CONGRESSIONAL APPROVAL. 5 (a) IN GENERAL.—Section 202 of the National 6 Emergencies Act (50 U.S.C. 1622) is amended— 7 (1) by striking subsection (a) and inserting the 8 following: 9 ‘‘(a) Any national emergency declared by the Presi- 10 dent in accordance with this title shall terminate if— 11 ‘‘(1) there has not been enacted into law a joint 12 resolution affirming the declaration of such emer- 13 gency, including the specific emergency powers ap- 14 proved with respect to such emergency, before the 15 expiration of the 48-hour period which begins on the 16 first day which occurs after such national emergency 17 is declared and on which both houses of Congress 18 are in session (including in a pro forma session); 19 ‘‘(2) there is enacted into law a joint resolution 20 terminating the emergency; or 21 ‘‘(3) the President issues a proclamation termi- 22 nating the emergency.’’; 23 (2) by striking subsection (b) and inserting the 24 following: 25 VerDate Sep 11 2014 19:06 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9041.IH H9041 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 9041 IH ‘‘(b)(1) The date on which a national emergency is 1 terminated pursuant to subsection (a) shall be the first 2 occurrence of any of the following dates: 3 ‘‘(A) The last date of the period described in 4 subsection (a)(1). 5 ‘‘(B) The date specified in any joint resolution 6 referred to in subsection (a)(2). 7 ‘‘(C) The date specified in a proclamation by 8 the President terminating the emergency as provided 9 in subsection (a)(3). 10 ‘‘(2) Effective on the date of the termination of a na- 11 tional emergency under paragraph (1)— 12 ‘‘(A) any amounts reprogrammed or transferred 13 under any provision of law with respect to the emer- 14 gency that remain unobligated on that date shall be 15 returned and made available for the purpose for 16 which such amounts were appropriated; 17 ‘‘(B) any contracts entered into under any pro- 18 vision of law for construction relating to the emer- 19 gency shall be terminated unless construction com- 20 menced under the contract before that date; and 21 ‘‘(C) any powers or authorities exercised by rea- 22 son of said emergency shall cease to be exercised 23 after that date, except that a termination shall not 24 affect— 25 VerDate Sep 11 2014 19:06 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9041.IH H9041 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 9041 IH ‘‘(i) any action taken or proceeding pend- 1 ing not finally concluded or determined on such 2 date; 3 ‘‘(ii) any action or proceeding based on any 4 act committed prior to such date; or 5 ‘‘(iii) any rights or duties that matured or 6 penalties that were incurred prior to such 7 date.’’; 8 (3) in subsection (c)— 9 (A) in paragraph (1) by inserting ‘‘or af- 10 firm’’ after ‘‘terminate’’; and 11 (B) in paragraph (5) by striking ‘‘, sub- 12 section (b) of this section,’’; and 13 (4) by striking subsection (d) and inserting the 14 following: 15 ‘‘(d) A national emergency declared by the President 16 under section 201, affirmed by a joint resolution under 17 subsection (a)(1), and not otherwise previously termi- 18 nated, shall terminate on the date that is 60 days after 19 the President transmitted to Congress the proclamation 20 declaring the emergency under section 201(a) or Congress 21 affirms a previous renewal pursuant to this subsection, 22 unless— 23 VerDate Sep 11 2014 19:06 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9041.IH H9041 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 9041 IH ‘‘(1) the President publishes in the Federal 1 Register and transmits to Congress an Executive 2 order renewing the emergency; and 3 ‘‘(2) there is enacted into law a joint resolution 4 affirming the renewal of the declaration, according 5 to the requirements of subsection (c), before the ter- 6 mination of the emergency or previous renewal of 7 the emergency.’’. 8 (b) APPLICATION TO NATIONAL EMERGENCIES PRE- 9 VIOUSLY DECLARED.—A national emergency declared 10 under section 201 of the National Emergencies Act (50 11 U.S.C. 1601 et seq.) before the date of the enactment of 12 this Act shall be unaffected by the amendments made by 13 this Act except that such emergencies shall terminate on 14 the date that is 60 days after such date of enactment un- 15 less the emergency is renewed under section 201(d) of the 16 National Emergencies Act, as amended by this Act. 17 Æ VerDate Sep 11 2014 19:06 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H9041.IH H9041 pbinns on DSKJLVW7X2PROD with BILLS