[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 House shall be 
                entitled to expedited floor procedures under this 
                section.
                    ``(C) Application to revenue measures.--The 
                provisions of this paragraph shall not apply in the 
                House of Representatives to a joint resolution of 
                approval or joint resolution of termination which is a 
                revenue measure.
            ``(5) Treatment of veto message.--Debate on a veto message 
        in the Senate under this section shall be 1 hour evenly divided 
        between the majority and minority leaders or their designees.
    ``(d) Rule of Construction.--The enactment of a joint resolution of 
approval or joint resolution of termination under this section shall 
not be interpreted to serve as a grant or modification by Congress of 
statutory authority for the emergency powers of the President.
    ``(e) Rules of the House and Senate.--This section is enacted by 
Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        the House in the case of joint resolutions described in this 
        section, and supersedes other rules only to the extent that it 
        is inconsistent with such other rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

``SEC. 204. BAR ON PERMANENT EMERGENCIES.

    ``(a) In General.--Any national emergency declared by the President 
under section 201(a), and not otherwise terminated, shall automatically 
terminate on the date that is 5 years after the date of its 
declaration.
    ``(b) Emergencies Already in Effect.--Any national emergency 
declaration that remains in force as of the date of the enactment of 
this section and--
            ``(1) has been in effect for 3 years or fewer as of such 
        date, shall automatically terminate on the date that is 5 years 
        after the date of the enactment of this section; or
            ``(2) has been in effect for more than 3 years as of such 
        date, shall automatically terminate on the date that is 2 years 
        after the date of the enactment of this section.
    ``(c) Effect of Termination.--If a national emergency declaration 
terminates pursuant to this section, no emergency may subsequently be 
declared based on substantially the same circumstances.

``SEC. 205. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING 
              INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.

    ``(a) In General.--In the case of a national emergency described in 
subsection (b), the provisions of the National Emergencies Act, as in 
effect on the day before the date of the enactment of the Congressional 
Power of the Purse Act, shall continue to apply on and after such date 
of enactment.
    ``(b) National Emergency Described.--
            ``(1) In general.--A national emergency described in this 
        subsection is a national emergency pursuant to which the 
        President proposes to exercise emergency powers or authorities 
        made available under the International Emergency Economic 
        Powers Act (50 U.S.C. 1701 et seq.), supplemented as necessary 
        by a provision of law specified in paragraph (2).
            ``(2) Provisions of law specified.--The provisions of law 
        specified in this paragraph are--
                    ``(A) the United Nations Participation Act of 1945 
                (22 U.S.C. 287 et seq.);
                    ``(B) section 212(f) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(f)); or
                    ``(C) any provision of law that authorizes the 
                implementation, imposition, or enforcement of economic 
                sanctions with respect to a foreign country.
    ``(c) Effect of Additional Powers and Authorities.--Subsection (a) 
shall not apply to a national emergency or the exercise of emergency 
powers and authorities pursuant to the national emergency if, in 
addition to the exercise of emergency powers and authorities described 
in subsection (b), the President proposes to exercise, pursuant to the 
national emergency, any emergency powers and authorities under any 
other provision of law.''.
    (b) Reporting Requirements.--Section 401 of the National 
Emergencies Act (50 U.S.C. 1641) is amended by adding at the end the 
following:
    ``(d) Report on Emergencies.--The President shall transmit to 
Congress, with any proclamation declaring a national emergency under 
section 201(a) or any Executive order specifying emergency powers or 
authorities under section 201(b)(2) or renewing a national emergency 
under section 202(b), a report, in writing, that includes the 
following:
            ``(1) A description of the circumstances necessitating the 
        declaration of a national emergency, the renewal of such an 
        emergency, or the use of a new emergency authority specified in 
        the Executive order, as the case may be.
            ``(2) The estimated duration of the national emergency, or 
        a statement that the duration of the national emergency cannot 
        reasonably be estimated at the time of transmission of the 
        report.
            ``(3) A summary of the actions the President or other 
        officers intend to take, including any reprogramming or 
        transfer of funds and any contracts anticipated to be entered 
        into, and the statutory authorities the President and such 
        officers expect to rely on in addressing the national 
        emergency.
            ``(4) In the case of a renewal of a national emergency, a 
        summary of the actions the President or other officers have 
        taken in the preceding one-year period, including any 
        reprogramming or transfer of funds, to address the emergency.
    ``(e) Provision of Information to Congress.--The President shall 
provide to Congress such other information as Congress may request in 
connection with any national emergency in effect under title II.
    ``(f) Periodic Reports on Status of Emergencies.--If the President 
declares a national emergency under section 201(a), the President 
shall, not less frequently than every 3 months for the duration of the 
emergency, report to Congress on the status of the emergency and the 
actions the President or other officers have taken and authorities the 
President and such officers have relied on in addressing the 
emergency.''.
    (c) Conforming Amendments.--
            (1) National emergencies act.--Title III of the National 
        Emergencies Act (50 U.S.C. 1631) is repealed.
            (2) International emergency economic powers act.--Section 
        207 of the International Emergency Economic Powers Act (50 
        U.S.C. 1706) is amended by adding at the end the following:
    ``(e) In this section, the term `National Emergencies Act' means 
the National Emergencies Act, as in effect on the day before the date 
of the enactment of the Congressional Power of the Purse Act.''.
    (d) Effective Date; Applicability.--
            (1) In general.--Except as provided in paragraph (2), this 
        section and the amendments made by this section shall take 
        effect upon enactment and apply with respect to national 
        emergencies declared under section 201 of the National 
        Emergencies Act on or after that date.
            (2) Applicability to renewals of existing emergencies.--
        When a national emergency declared under section 201 of the 
        National Emergencies Act before the date of the enactment of 
        the Congressional Power of the Purse Act would expire or be 
        renewed under section 202(d) of that Act (as in effect on the 
        day before such date of enactment), that national emergency 
        shall be subject to the requirements for renewal under section 
        202(b) of that Act, as amended by subsection (a).

SEC. 3. NATIONAL EMERGENCIES ACT DECLARATION SPENDING REPORTING IN THE 
              PRESIDENT'S BUDGET.

    Section 1105(a) of title 31, United States Code, is amended by 
adding at the end the following:
            ``(39)(A) a report on the proposed, planned, and actual 
        obligations and expenditures of funds (for the prior fiscal 
        year, the current fiscal year, and the fiscal years for which 
        the budget is submitted) attributable to the exercise of powers 
        and authorities made available by statute for each national 
        emergency declared by the President, currently active or in 
        effect during the applicable fiscal years.
            ``(B) Obligations and expenditures contained in the report 
        under subparagraph (A) shall be organized by Treasury 
        Appropriation Fund Symbol or fund account and by program, 
        project, and activity, and include--
                    ``(I) a description of each such program, project, 
                and activity;
                    ``(ii) the authorities under which such funding 
                actions are taken; and
                    ``(iii) the purpose and progress of such 
                obligations and expenditures toward addressing the 
                applicable national emergency.
            ``(C) Such report shall include, with respect to any 
        transfer, reprogramming, or repurposing of funds to address the 
        applicable national emergency--
                    ``(I) the amount of such transfer, reprogramming, 
                or repurposing;
                    ``(ii) the authority authorizing each such 
                transfer, reprogramming, or repurposing; and
                    ``(iii) a description of programs, projects, and 
                activities affected by such transfer, reprogramming, or 
                repurposing, including by a reduction in funding.''.

SEC. 4. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY ACTION 
              DOCUMENTS.

    (a) In General.--Not later than 30 days after the conclusion of the 
process for approval, adoption, or revision of any presidential 
emergency action document, the President shall submit that document to 
the appropriate congressional committees.
    (b) Documents in Existence Before Date of Enactment.--Not later 
than 15 days after the date of the enactment of this Act, the President 
shall submit to the appropriate congressional committees all 
presidential emergency action documents in existence before such date 
of enactment.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'', with respect to a 
        presidential emergency action document submitted under 
        subsection (a) or (b), means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on the Judiciary, 
                and the Select Committee on Intelligence of the Senate;
                    (B) the Committee on Oversight and Reform, the 
                Committee on the Judiciary, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives; and
                    (C) any other committee of the Senate or the House 
                of Representatives with jurisdiction over the subject 
                matter addressed in the presidential emergency action 
                document.
            (2) Presidential emergency action document.--The term 
        ``presidential emergency action document'' refers to--
                    (A) each of the approximately 56 documents 
                described as presidential emergency action documents in 
                the budget justification materials for the Office of 
                Legal Counsel of the Department of Justice submitted to 
                Congress in support of the budget of the President for 
                fiscal year 2022; and
                    (B) any other pre-coordinated legal document in 
                existence before, on, or after the date of the 
                enactment of this Act, that--
                            (I) is designated as a presidential 
                        emergency action document; or
                            (II) is designed to implement a 
                        presidential decision or transmit a 
                        presidential request when an emergency disrupts 
                        normal governmental or legislative processes.

SEC. 5. CONGRESSIONAL DESIGNATIONS.

    (a) Repeal of Overseas Contingency Operations/Global War on 
Terrorism Designation.--Section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) is 
amended--
            (1) in the subparagraph heading, by striking ``; overseas 
        contingency operations/global war on terrorism''; and
            (2) by striking ``that--'' and all that follows through the 
        period at the end and inserting the following: ``that the 
        Congress designates as emergency requirements in statute, the 
        adjustment shall be the total of such appropriations in 
        discretionary accounts designated as emergency requirements.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the later of October 1, 2025, or the date of enactment 
of this Act.
                                 <all>