[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3908 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3908
To amend the National Emergencies Act to improve checks and balances,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2025
Mr. Cohen introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Foreign Affairs, Rules, and the Budget, 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 improve checks and balances,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Emergencies Reform Act of
2025''.
SEC. 2. IMPROVING CHECKS AND BALANCES ON THE USE OF THE NATIONAL
EMERGENCIES ACT.
(a) Requirements Relating to Declaration and Renewal of National
Emergencies.--Title II of the National Emergencies Act (50 U.S.C. 1621
et seq.) is amended by striking sections 201 and 202 and inserting the
following:
``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.
``(a) Authority To Declare National Emergencies.--With respect to
Acts of Congress authorizing the exercise, during the period of a
national emergency, of any special or extraordinary power, the
President is authorized to declare such a national emergency by
proclamation. Such proclamation shall immediately be transmitted to
Congress and published in the Federal Register.
``(b) Specification of Provisions of Law To Be Exercised and
Reporting.--No powers or authorities made available by statute for use
during the period of a national emergency shall be exercised unless and
until the President specifies the provisions of law under which the
President proposes that the President or other officers will act in--
``(1) a proclamation declaring a national emergency under
subsection (a); or
``(2) one or more Executive orders relating to the
emergency published in the Federal Register and transmitted to
Congress.
``(c) Prohibition on Subsequent Actions if Emergencies Not
Approved.--
``(1) Subsequent declarations.--If a joint resolution of
approval is not enacted under section 203 with respect to a
national emergency before the expiration of the period
described in section 202(a), or with respect to a national
emergency proposed to be renewed under section 202(b), the
President may not, during the remainder of the term of office
of that President, declare a subsequent national emergency
under subsection (a) with respect to substantially the same
circumstances.
``(2) Exercise of authorities.--If a joint resolution of
approval is not enacted under section 203 with respect to a
power or authority specified by the President under subsection
(b) with respect to a national emergency, the President may
not, during the remainder of the term of office of that
President, exercise that power or authority with respect to
that emergency.
``(d) Effect of Future Laws.--No law enacted after the date of the
enactment of the Congressional Power of the Purse Act shall supersede
this title unless it does so in specific terms, referring to this
title, and declaring that the new law supersedes the provisions of this
title.
``(e) Limitations.--
``(1) In general.--Any emergency powers invoked by the
President pursuant to a national emergency declared under this
section shall relate to the nature of, and may be used only to
address, that emergency.
``(2) Authorization or funding withheld.--No authority
available to the President during a national emergency declared
under this section may be used to provide authorization or
funding for any program, project, or activity for which
Congress, on or after the date of the events giving rise to the
emergency declaration, has withheld authorization or funding.
``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.
``(a) Temporary Effective Periods.--
``(1) In general.--Unless previously terminated pursuant to
Presidential order or Act of Congress, a declaration of a
national emergency shall remain in effect for 20 session days,
in the case of the Senate, and 20 legislative days, in the case
of the House, from the issuance of the proclamation under
section 201(a) (not counting the day on which the proclamation
was issued) and shall terminate when that period expires unless
there is enacted into law a joint resolution of approval under
section 203 with respect to the proclamation.
``(2) Exercise of powers and authorities.--Unless the
declaration of national emergency has been terminated pursuant
to Presidential order or Act of Congress, any emergency power
or authority made available under a provision of law specified
pursuant to section 201(b) may be exercised pursuant to a
declaration of a national emergency for 20 session days, in the
case of the Senate, and 20 legislative days, in the case of the
House, from the issuance of the proclamation or Executive order
(not counting the day on which such proclamation or Executive
order was issued). That power or authority may not be exercised
after that period expires unless there is enacted into law a
joint resolution of approval under section 203 approving--
``(A) the proclamation of the national emergency or
the Executive order; and
``(B) the exercise of the power or authority
specified by the President in such proclamation or
Executive order.
``(b) Renewal of National Emergencies.--A national emergency
declared by the President under section 201(a) or previously renewed
under this subsection, and not already terminated pursuant to
subsection (a) or (c), shall terminate on the date that is one year
after the President transmitted to Congress the proclamation declaring
the emergency or the enactment of 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 of
approval renewing the emergency pursuant to section 203 before
the termination of the emergency or previous renewal of the
emergency.
``(c) Termination of National Emergencies.--
``(1) In general.--Any national emergency declared by the
President under section 201(a) shall terminate on the earliest
of--
``(A) the date provided for in subsection (a);
``(B) the date provided for in subsection (b);
``(C) the date specified in an Act of Congress,
including a joint resolution of termination defined in
section 203, terminating the emergency;
``(D) the date specified in a proclamation of the
President terminating the emergency; or
``(E) the date provided for in section 204.
``(2) Effect of termination.--Effective on the date of the
termination of a national emergency under paragraph (1)--
``(A) any powers or authorities exercised by reason
of the emergency shall cease to be exercised;
``(B) any amounts reprogrammed, repurposed, 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; and
``(C) any contracts entered into under any
provision of law relating to the emergency shall be
terminated.
``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
``(a) Joint Resolution of Approval and Joint Resolutions of
Termination Defined.--In this section, the term `joint resolution of
approval or joint resolution of termination' means a joint resolution
that does not have a preamble and that contains only the following
provisions after its resolving clause:
``(1) A provision approving one or more--
``(A) proclamations of national emergency made
under section 201(a);
``(B) Executive orders issued under section
201(b)(2); or
``(C) Executive orders issued under section 202(b).
``(2) A provision approving a list of all or a portion of
the provisions of law specified by the President under section
201(b) in the proclamations or Executive orders that are the
subject of the joint resolution.
``(b) Joint Resolution of Termination Defined.--In this section,
the term `joint resolution of termination' means a resolution
introduced in the House or Senate to terminate--
``(1) a national emergency declared under this Act; or
``(2) the exercise of any authorities pursuant to that
emergency.
``(c) Procedures for Consideration of Joint Resolutions of Approval
and Joint Resolutions of Termination.--
``(1) Introduction.--After the President transmits to
Congress a proclamation declaring a national emergency under
section 201(a), or an Executive order specifying emergency
powers or authorities under section 201(b)(2) or renewing a
national emergency under section 202(b), a joint resolution of
approval or joint resolution of termination may be introduced
in either House of Congress by any member of that House.
``(2) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Committee referral.--A joint resolution of
approval or joint resolution of termination shall be
referred to the appropriate committee or committees.
``(B) Reporting and discharge.--If the committee to
which a joint resolution of approval or joint
resolution of termination has been referred has not
reported it at the end of 10 calendar days after its
introduction, that committee shall be discharged from
further consideration of the resolution and it shall be
placed on the calendar.
``(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, when a
committee to which a joint resolution of approval or
joint resolution of termination is referred has
reported the resolution, or when that committee is
discharged under subparagraph (B) from further
consideration of the resolution, it is at any time
thereafter in order to move to proceed to the
consideration of the joint resolution, and all points
of order against the joint resolution (and against the
motion to proceed to the consideration of the joint
resolution) are waived. The motion to proceed shall be
debatable for 4 hours evenly divided between proponents
and opponents of the joint resolution of approval or
joint resolution of termination. The motion is not
subject to amendment, or to a motion to postpone, or to
a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of a
joint resolution of approval or joint resolution of
termination is agreed to, the joint resolution shall
remain the unfinished business of the Senate until
disposed of.
``(D) Floor consideration.--There shall be 10 hours
of consideration on a joint resolution of approval or
joint resolution of termination, to be divided evenly
between the proponents and opponents of the joint
resolution. Of that 10 hours, there shall be a total of
2 hours of debate on any debatable motions in
connection with the joint resolution, to be divided
evenly between the proponents and opponents of the
joint resolution.
``(E) Amendments.--No amendments shall be in order
with respect to a joint resolution of approval or joint
resolution of termination in the Senate.
``(F) Motion to reconsider vote on passage.--A
motion to reconsider a vote on passage of a joint
resolution of approval or joint resolution of
termination shall not be in order.
``(G) Appeals.--Points of order and appeals from
the decision of the Presiding Officer shall be decided
without debate.
``(3) Consideration in house of representatives.--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If any committee to
which a joint resolution of approval or joint
resolution of termination has been referred has not
reported it to the House within seven legislative days
after the date of referral such committee shall be
discharged from further consideration of the joint
resolution.
``(B)(I) Proceeding to consideration.--Beginning on
the third legislative day after each committee to which
a joint resolution of approval or joint resolution of
termination has been referred reports it to the House
or has been discharged from further consideration
thereof, it shall be in order to move to proceed to
consider the joint resolution of approval or joint
resolution of termination in the House. All points of
order against the motion are waived. Such a motion
shall not be in order after the House has disposed of
another motion to proceed on the joint resolution of
approval or joint resolution of termination. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The
motion shall not be debatable. A motion to reconsider
the vote by which the motion is disposed of shall not
be in order.
``(II) Motion.--A motion to proceed to the
consideration of a joint resolution of approval of an
Executive order described in subsection (a)(1) or a
list described in subsection (a)(2) shall not be in
order prior to the enactment of a joint resolution of
approval of the proclamation described in subsection
(a)(1) that is the subject of such Executive order or
list.
``(C) Consideration.--The joint resolution of
approval or joint resolution of termination shall be
considered as read. All points of order against the
joint resolution of approval or joint resolution of
termination and against its consideration are waived.
The previous question shall be considered as ordered on
the joint resolution of approval or joint resolution of
termination to final passage without intervening motion
except two hours of debate equally divided and
controlled by the sponsor of the joint resolution of
approval or joint resolution of termination (or a
designee) and an opponent. A motion to reconsider the
vote on passage of the joint resolution of approval or
joint resolution of termination shall not be in order.
``(4) Coordination with action by other house.--
``(A) In general.--If, before the passage by one
House of a joint resolution of approval or joint
resolution of termination of that House, that House
receives from the other House a joint resolution of
approval or joint resolution of termination with regard
to the same proclamation or Executive order, then the
following procedures shall apply:
``(i) The joint resolution of approval or
joint resolution of termination of the other
House shall not be referred to a committee.
``(ii) With respect to a joint resolution
of approval or joint resolution of termination
of the House receiving the joint resolution--
``(I) the procedure in that House
shall be the same as if no joint
resolution of approval or joint
resolution of termination had been
received from the other House; but
``(II) the vote on passage shall be
on the joint resolution of approval or
joint resolution of termination of the
other House.
``(iii) Upon the failure of passage of the
joint resolution of approval or joint
resolution of termination of the other House,
the question shall immediately occur on passage
of the joint resolution of approval or joint
resolution of termination of the receiving
House.
``(B) Treatment of legislation of other house.--If
one House fails to introduce a joint resolution of
approval or joint resolution of termination under this
section, the joint resolution of approval or joint
resolution of termination of the other