Limiting Emergency Powers Act of 2025This bill terminates any national emergency declared by the President 30 days after the declaration unless a joint resolution affirming the declaration is enacted. All national emergency declarations expire after two years unless the President requests a renewal and a joint resolution affirming the renewal is enacted.
Impact
The proposed changes are intended to enhance Congressional authority in overseeing national emergencies, reflecting a pushback against perceived executive overreach. Supporters of HB125 argue that this legislation will restore the balance of power between the legislative and executive branches, ensuring that emergency powers are not extended unilaterally by the President. By requiring an explicit affirmation from Congress, the bill seeks to prevent the arbitrary or indefinite maintenance of emergency conditions that may infringe upon civil liberties or involve resource allocation without legislative approval.
Summary
House Bill 125, also known as the Limiting Emergency Powers Act of 2025, aims to amend the National Emergencies Act, specifying that any national emergency declared by the President shall automatically terminate 30 days after its declaration unless a joint resolution affirming that declaration is passed by Congress. This bill is a significant shift in how national emergencies are managed, imposing a time limit that requires active legislative oversight in the form of a joint resolution, which would need to be enacted in order to extend an emergency declaration beyond the initial 30-day period. The bill also addresses existing emergencies by establishing a two-year termination rule for any previous declarations unless reaffirmed by the President and Congress.
Contention
On the other hand, the bill has faced criticism from those who believe it could potentially hinder the government's responsiveness to urgent and unforeseen crises. Opponents argue that a rigid time frame could prevent prompt action in emergencies that require longer measures without the cumbersome process of legislative approval. There are concerns about the implications this might have for national security and disaster response, as vital resources and decisions could be delayed due to the requirement for Congressional action. The debates around this bill may reveal a deeper ideological divide regarding the scope of presidential powers and the role of Congress in crisis management.
Limiting Emergency Powers Act of 2023 This bill provides that a national emergency declared by the President terminates 30 days after a declaration unless a joint resolution affirming such declaration is enacted. All existing emergency declarations expire after two years unless the President requests a renewal that receives congressional approval.
National Security Reforms and Accountability Act National Emergencies Reform Act Arms Export Control Reform Act War Powers Resolution Modernization and Accountability Act
Separation of Powers Restoration Act This bill restricts the ability of the President to exercise certain powers, such as declaring a national emergency. Specifically, the bill terminates all powers and authorities possessed by the President, any executive agency, or any federal officer that derive from a declaration of national emergency. It eliminates any statutory grant of authority allowing the President or any other officer or employee of the executive branch to declare a national emergency, specifying that such power is vested solely in Congress. Furthermore, for each presidential order (i.e., executive order, presidential proclamation, presidential directive, or similar presidential or executive branch instructions), the President must include a statement specifying the statutory or constitutional provision that grants the President the authority to issue the order. It also limits the effect of a presidential order to the executive branch, with certain exceptions, such as if the order cites the specific congressional enactment from which it derives its authority. The bill provides standing to challenge the validity of presidential orders to (1) certain federal, state, and local officials; and (2) persons adversely affected by the order. This bill also repeals the War Powers Resolution, a joint resolution that outlines procedures for Congress and the President to participate in decisions to send Armed Forces into hostilities.