National Emergencies Reform Act
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 emergency powers approved for use by the President, and for other purposes.
Sec. 2 Sunset for national emergencies without congressional approval
“(a) Any national emergency declared by the President in accordance with this title shall terminate if—
“(1) there has not been enacted into law a joint resolution affirming the declaration of such emergency, including the specific emergency powers approved with respect to such emergency, before the expiration of the 48-hour period which begins on the first day which occurs after such national emergency is declared and on which both houses of Congress are in session (including in a pro forma session);
“(2) there is enacted into law a joint resolution terminating the emergency; or
“(3) the President issues a proclamation terminating the emergency.”
“(b)
“(1) The date on which a national emergency is terminated pursuant to subsection (a) shall be the first occurrence of any of the following dates:
“(A) The last date of the period described in subsection (a)(1).
“(B) The date specified in any joint resolution referred to in subsection (a)(2).
“(C) The date specified in a proclamation by the President terminating the emergency as provided in subsection (a)(3).
“(2) Effective on the date of the termination of a national emergency under paragraph (1)—
“(A) any amounts reprogrammed or transferred under any provision of law with respect to the emergency that remain unobligated on that date shall be returned and made available for the purpose for which such amounts were appropriated;
“(B) any contracts entered into under any provision of law for construction relating to the emergency shall be terminated unless construction commenced under the contract before that date; and
“(C) any powers or authorities exercised by reason of said emergency shall cease to be exercised after that date, except that a termination shall not affect—
“(i) any action taken or proceeding pending not finally concluded or determined on such date;
“(ii) any action or proceeding based on any act committed prior to such date; or
“(iii) any rights or duties that matured or penalties that were incurred prior to such date.”
“(d) A national emergency declared by the President under section 201, affirmed by a joint resolution under subsection (a)(1), and not otherwise previously terminated, shall terminate on the date that is 60 days after the President transmitted to Congress the proclamation declaring the emergency under section 201(a) or Congress affirms a previous renewal pursuant to this subsection, unless—
“(1) the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and
“(2) there is enacted into law a joint resolution affirming the renewal of the declaration, according to the requirements of subsection (c), before the termination of the emergency or previous renewal of the emergency.”