HR 125119th CongressIn Committee

Limiting Emergency Powers Act of 2025

Introduced: Jan 3, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

Limiting Emergency Powers Act of 2025 would drastically curtail national emergencies declared by the President. The bill requires that any national emergency terminate 30 days after declaration unless Congress passes a joint resolution affirming the emergency, or the President issues a proclamation terminating it, or Congress passes a joint resolution terminating the emergency. For emergencies declared under section 201, the bill imposes a two-year maximum duration, renewable only if the President issues an executive order renewing the emergency and Congress passes a joint resolution affirming the renewal. The bill would also trigger automatic funding and contract-related effects, returning unobligated funds and terminating eligible contracts at termination, while preserving ongoing actions and certain pre-existing rights. Existing emergencies declared before enactment would terminate two years after enactment unless renewed under the new terms.

Key Points

130-day sunset unless Congress affirms: A national emergency must be affirmed by a joint resolution within 30 days of the declaration to continue; otherwise it terminates automatically (or can be terminated by joint resolution or by the President’s proclamation).
2Clear termination mechanics: The effective termination date is the earliest of: (a) the end of the 30-day affirmation window, (b) the date in a joint resolution terminating the emergency, or (c) the date of a presidential proclamation terminating it.
3Post-termination consequences: Upon termination, unobligated emergency funds must be returned; related construction contracts must be terminated unless started; powers exercised under the emergency cease, with exceptions for ongoing or pre-existing actions, proceedings, or penalties.
4Renewal for emergencies under section 201: National emergencies under section 201 have a two-year lifespan from the proclamation date, unless renewed. Renewal requires both a new executive order and a joint resolution affirming renewal, before the termination or previous renewal occurs.
5Application to existing emergencies: Emergencies declared before enactment would still run, but would terminate two years after enactment unless renewed under the new framework.

Impact Areas

Primary group/area affected:- Executive branch and federal agencies that rely on emergency authorities; the speed and scope of emergency powers could be limited absent timely congressional action.- Federal contractors and grant/funding mechanisms (funds obligations, reprogramming, and contract terms) would face termination or reallocation at emergency end.Secondary group/area affected:- Congress, as the principal check on emergencies, given the mandatory affirmation and renewal process within strict timelines.- Individuals and entities whose rights, pending actions, or penalties depend on emergency powers (some actions continue if already in progress or legally matured).Additional impacts:- Fiscal and regulatory planning would be impacted due to automatic sunset and required renewals.- Potential legal and constitutional considerations around the timing and scope of emergency authorities, and interaction with existing emergency-related statutes and ongoing litigation or projects.The sponsor listed is Mr. Biggs of Arizona.The bill would not only shorten the duration of many emergencies but also tighten the procedural requirements for continued emergency powers, introducing a built-in incentive for Congress to actively affirm or terminate emergencies.

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