[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1843 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1843

   To amend the National Emergencies Act to provide that a national 
   emergency declared by the President terminates 60 days after the 
 President reprograms or transfers an amount in excess of $250,000,000 
   for use in response to such emergency, unless a joint resolution 
            affirming such declaration is enacted into law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 2019

Mr. Gallagher 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 terminates 60 days after the 
 President reprograms or transfers an amount in excess of $250,000,000 
   for use in response to such emergency, unless a joint resolution 
            affirming such declaration is enacted into law.

    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 Modernization 
Act of 2019''.

SEC. 2. TERMINATION OF NATIONAL EMERGENCY IF AMOUNTS OVER $250,000,000 
              REPROGRAMMED OR TRANSFERRED.

    Section 202 of the National Emergencies Act (50 U.S.C. 1622) is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Any national emergency declared by the President in 
accordance with this title shall terminate on the earliest of--
            ``(1) the date provided for in subsection (b)(3);
            ``(2) the date on which there is enacted into law a joint 
        resolution terminating the emergency; or
            ``(3) the date on which the President issues a proclamation 
        terminating the emergency.'';
            (2) in subsection (b)--
                    (A) by striking ``Not later than six'' and 
                inserting ``(1) Not later than six''; and
                    (B) by adding at the end the following:
    ``(2) In any case in which national emergency is terminated under 
this section, any powers or authorities exercised by reason of said 
emergency shall cease to be exercised after the date of termination of 
such emergency, except that a termination shall not affect--
            ``(A) any action taken or proceeding pending not finally 
        concluded or determined on such date;
            ``(B) any action or proceeding based on any act committed 
        prior to such date; or
            ``(C) any rights or duties that matured or penalties that 
        were incurred prior to such date.
    ``(3)(A) In the case of a national emergency declared by the 
President under section 201 in which the President reprograms or 
transfers an amount in excess of $250,000,000 for use in response to 
such emergency, the national emergency shall terminate on the date that 
is 60 days after the first legislative day that occurs after such 
amount is exceeded unless there is enacted into law a joint resolution 
approving the emergency pursuant to subsection (c).
    ``(B) If there is enacted into law a joint resolution approving the 
emergency under subparagraph (A), such emergency shall not be eligible 
for termination under this paragraph, regardless of any action relating 
to reprogramming or transferring of funds.
    ``(C) Nothing in this paragraph shall be construed to limit or 
prohibit the President from reprogramming or transferring funds for use 
in response to a national emergency declared under section 201 that has 
not been terminated under this section.
    ``(4) Effective on the date of the termination of a national 
emergency under this section, 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.''; and
            (3) in subsection (c)--
                    (A) in paragraph (1) by inserting ``or approve'' 
                after ``terminate''; and
                    (B) in paragraph (5) by striking ``subsection (b)'' 
                and inserting ``subsection (b)(1)''.

SEC. 3. EXERCISE OF EMERGENCY POWERS AND AUTHORITIES.

    Section 301 of the National Emergencies Act (50 U.S.C. 1631) is 
amended by striking ``Such specification'' and inserting ``For any 
instance of reprogramming or transfer of funds for use in response to a 
national emergency, the President shall specify the derivation, amount, 
and intended use of such funds. Such specifications''.

SEC. 4. APPLICABILITY.

    The amendments made by this Act shall only apply with respect to a 
national emergency declared by the President on or after the date of 
enactment of this Act.
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