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HR 125 · 119th CongressIn Committee
Limiting Emergency Powers Act of 2025
Latest updateJan 4, 2025
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
Emergency Management
Sponsor
Andy Biggs
Introduced
January 3, 2025
Latest action
January 4, 2025
Legislative Progress
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Latest Action
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
Plain-Language Summary
AI GeneratedUnder current law, the National Emergencies Act allows the President to declare a national emergency, which grants broad powers to redirect federal funds, enter contracts, and exercise authorities tied to that emergency. Once declared, an emergency remains in effect indefinitely unless Congress passes a joint resolution terminating it—a high bar requiring action from both chambers. In practice, emergencies declared decades ago remain technically active, and Congress rarely votes to end them. This structure gives the President substantial discretion over emergency powers with minimal ongoing congressional oversight.
The Limiting Emergency Powers Act amends the National Emergencies Act to require affirmative congressional approval to keep an emergency in place. Under the bill, any emergency declared by the President automatically terminates 30 days after declaration unless Congress enacts a joint resolution affirming it. If affirmed, the emergency lasts two years, after which it terminates unless the President renews it and Congress again affirms the renewal through joint resolution. The bill also requires that when an emergency ends, unobligated funds revert to their original purpose, construction contracts terminate unless work began before the end date, and emergency powers cease—though actions already taken remain valid.
Implementation begins immediately upon enactment. Previously declared emergencies receive a two-year grace period from the bill's effective date before the new termination rules apply, giving Congress time to act on existing emergencies. The bill creates a recurring congressional vote requirement: every two years, Congress must affirmatively renew any emergency the President wishes to maintain. This shifts the default from indefinite continuation to automatic expiration, requiring the President and Congress to jointly sustain emergency authority rather than requiring Congress to actively terminate it. No new funding is required; the mechanism operates through existing appropriations and contract law.
Key Provisions
- 1Requires that any national emergency declared by the President automatically terminates 30 days after declaration unless Congress enacts a joint resolution affirming the emergency declaration.
- 2Establishes that affirmed emergencies remain in effect for two years, after which they terminate unless the President renews the emergency through Executive order and Congress enacts a joint resolution affirming the renewal.
- 3Directs that upon termination of an emergency, unobligated funds reprogrammed or transferred for the emergency shall be returned to their original appropriated purpose and construction contracts shall be terminated unless work commenced before the termination date.
- 4Provides that emergency powers and authorities cease upon termination of an emergency, except that actions already taken, pending proceedings, and rights or duties that matured before termination remain valid.
- 5Applies the new termination rules to previously declared emergencies beginning two years after the bill's enactment, giving Congress a grace period to affirm or allow existing emergencies to expire.
★ Why this matters
Emergency declarations currently remain in effect indefinitely unless Congress votes to end them, allowing Presidents to maintain broad spending and regulatory powers with minimal ongoing oversight. This bill flips that default: emergencies now expire automatically every 30 days and every two years thereafter unless Congress affirmatively votes to continue them. This creates recurring checkpoints where Congress must explicitly choose to sustain emergency authority, and it ensures that unspent emergency funds and incomplete contracts do not persist indefinitely after an emergency ends.
● Who this affects
The President and executive agencies (particularly the Department of Defense, Department of Homeland Security, and Federal Emergency Management Agency) lose the ability to maintain indefinite emergency authority without congressional action. Congress gains a mandatory role in sustaining emergencies through required votes every two years. State and local governments, federal contractors, and construction firms face uncertainty about contract continuation and funding availability as emergencies expire on fixed schedules. Individuals and organizations relying on emergency-related federal spending or regulatory flexibility experience potential disruption when emergencies terminate unless Congress renews them.
Bill Text
View on Congress.govShow / hide bill text preview
<DOC>
119th CONGRESS
1st Session
H. R. 125
To amend the National Emergencies Act to provide that a national
emergency declared by the President terminates 30 days after the
declaration unless a joint resolution affirming such declaration is
enacted into law, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Biggs of Arizona 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 30 days after the
declaration unless a joint resolution affirming such declaration is
enacted into law, 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 ``Limiting Emergency Powers Act of
2025''.
SEC. 2. LIMITATION ON DURATION OF NATIONAL EMERGENCY WITHOUT
CONGRESSIONAL APPROVAL.
(a) In General.--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 if--
``(1) there has not been enacted into law a joint
resolution affirming the declaration of such national emergency
before the date that is 30 days after the date on which such
national emergency is declared;
``(2) there is enacted into law a joint resolution
terminating the emergency; or
``(3) the President issues a proclamation terminating the
emergency.'';
(2) by striking subsection (b) and inserting the following:
``(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
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