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Limits how long a President can keep a national emergency in effect unless Congress approves it. An emergency will automatically end if Congress does not pass a joint resolution affirming it within 30 days, or if Congress or the President takes explicit action to end it; if Congress affirms an emergency it lasts up to two years unless renewed. Sets timing and effect rules for when an emergency ends, including how agencies should stop using emergency authorities and other consequences, and creates a 2-year cap with a renewal process for emergencies that Congress affirms.
Amends Section 202(a) of the National Emergencies Act to provide that any national emergency declared by the President terminates if (1) no joint resolution affirming the declaration is enacted into law before the date that is 30 days after the declaration; (2) a joint resolution terminating the emergency is enacted into law; or (3) the President issues a proclamation terminating the emergency.
Defines the date of termination for a national emergency as the first occurrence of: (A) the last date of the 30-day period described in subsection (a)(1); (B) the date specified in any joint resolution terminating the emergency; or (C) the date specified in a presidential proclamation terminating the emergency.
On the date a national emergency is terminated, the following take effect: (A) any amounts reprogrammed or transferred for the emergency that remain unobligated must be returned and made available for their original appropriated purpose; (B) construction contracts entered into relating to the emergency are terminated unless construction began before that date; and (C) powers or authorities exercised because of the emergency cease to be exercised after that date, except termination does not affect: (i) actions or proceedings pending and not finally concluded on that date; (ii) actions or proceedings based on acts committed prior to that date; or (iii) rights or duties that matured or penalties incurred prior to that date.
Makes edits to subsection (c) of Section 202 by inserting text after paragraph (1) and by striking text in paragraph (5) (the excerpt shows the insertion/striking actions but does not specify the exact inserted or removed text in this excerpt).
Replaces subsection (d) of Section 202 to require that a national emergency declared under section 201 and affirmed by a joint resolution under subsection (a)(1), if not otherwise terminated, shall terminate two years after the President transmitted to Congress the proclamation declaring the emergency (or two years after a previous renewal), unless both: (1) the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and (2) Congress enacts a joint resolution affirming the renewal according to subsection (c) before the termination date or previous renewal date.
Who is affected and how:
Congress: Gains stronger, timed oversight. Members must act within a 30-day window to affirm emergencies or risk automatic termination, and must take periodic votes to keep affirmed emergencies beyond two years. This increases congressional workload and political accountability for emergency approvals.
President and Executive Branch: Limits the President’s ability to maintain indefinite emergency declarations. The Executive must seek timely congressional affirmation or end emergency measures. Agencies must plan for termination dates, wind-downs, or reauthorizations and may need to suspend or end programs and contracts that depend on emergency authority.
Federal agencies and staff: Must create procedures and contingency plans to stop or transition activities funded or authorized under an emergency when it terminates. Administrative, contracting, rulemaking, and program operations could be disrupted if an emergency ends abruptly.
States, localities, and program beneficiaries: Programs and funds that flow from federal emergency declarations (disaster assistance, waivers, procurement flexibilities, border measures, etc.) could pause or end if Congress does not act. State and local planning and service delivery may face sudden changes.
Courts and legal system: The change may prompt litigation over the scope, timing, and legal effects of terminations (including whether certain actions taken under an emergency stay valid after termination). Implementation detail gaps could produce disputes about retroactivity and transition rules.
Overall effect: The legislation shifts the balance toward more frequent congressional review and limits long-term unilateral emergency authority by the President. That increases legislative control and accountability but also raises the risk of short-term disruptions to programs and operations tied to emergency declarations if Congress does not act on schedule. Agencies and partners will need clearer transition plans and faster coordination with Congress to avoid service gaps.
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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.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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.
Introduced in House