H.R. 3908 — National Emergencies Reform Act of 2025

This section revises Title II of the National Emergencies Act (50 U.S.C. 1621 et seq.) by striking sections 201 and 202 and inserting new sections that (1) retain the President's authority to declare national emergencies by proclamation (transmitted to Congress and published in the Federal Register) while requiring specification of statutory powers or authorities in the proclamation or related Executive orders; (2) limit initial effectiveness of declarations and specified powers to 20 Senate session days and 20 House legislative days (not counting the issuance day) unless approved by joint resolution under new section 203; (3) require annual renewal via Executive order and joint resolution approval, with termination otherwise after one year; (4) prohibit, during the remainder of the declaring President's term, subsequent declarations for substantially the same circumstances or exercise of unapproved powers; (5) restrict emergency powers to addressing the declared emergency and bar their use for programs, projects, or activities for which Congress has withheld authorization or funding post-emergency trigger; and (6) provide that future laws supersede these provisions only if they specifically reference and declare as much. (As background, the National Emergencies Act authorizes the President to declare emergencies that activate over 130 statutory powers across policy areas such as sanctions, military construction, and disaster response; previously, declarations under sections 201 and 202 remained effective indefinitely until terminated by presidential proclamation or congressional action, with no required congressional approval or time limits.) (Thus, these changes impose mandatory congressional approval for continuation beyond the initial short period, effectively requiring periodic legislative reauthorization of emergency declarations and powers.)

This section requires, in the President's annual budget submission under 31 U.S.C. §1105(a), a report on proposed, planned, and actual obligations and expenditures of funds—for the prior fiscal year, current fiscal year, and fiscal years for which the budget is submitted—attributable to each national emergency declared by the President and active during the applicable fiscal years. The report must be organized by Treasury Appropriation Fund Symbol or fund account and by program, project, and activity, and for each such program, project, and activity must include (1) a description, (2) the statutory authorities used, and (3) the purpose and progress toward addressing the emergency; it must also detail any transfers, reprogrammings, or repurposings of funds, including (i) amounts, (ii) authorizing authorities, and (iii) descriptions of affected programs, projects, and activities, including any funding reductions.

This section requires the President to submit presidential emergency action documents (PEADs)—pre-coordinated legal documents (e.g., draft executive orders or proclamations) designed to implement presidential decisions during emergencies that disrupt normal government processes—to the appropriate congressional committees. It directs (1) submission of any PEAD within 30 days after its approval, adoption, or revision and (2) submission of all existing PEADs within 15 days of enactment. The appropriate committees are the Senate Committees on Homeland Security and Governmental Affairs, the Judiciary, and Select Intelligence; the House Committees on Oversight and Reform, the Judiciary, and Permanent Select Intelligence; and any other committee with relevant jurisdiction; PEADs include approximately 56 documents identified in the FY2022 Department of Justice Office of Legal Counsel budget justification materials and any others so designated.

This section repeals the authority under the Balanced Budget and Emergency Deficit Control Act of 1985 to adjust discretionary spending limits for appropriations designated as for overseas contingency operations/global war on terrorism (OCO/GWOT), effective the later of October 1, 2025, or enactment. (Thus, adjustments to the limits are permitted only for the total amount of appropriations in discretionary accounts that Congress designates as emergency requirements.)