[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4373 Reported in Senate (RS)]
<DOC>
Calendar No. 736
118th CONGRESS
2d Session
S. 4373
[Report No. 118-316]
To provide for congressional approval of national emergency
declarations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2024
Mr. Paul (for himself and Mr. Peters) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
December 19 (legislative day, December 16), 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for congressional approval of national emergency
declarations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Reforming
Emergency Powers to Uphold the Balances and Limitations Inherent in the
Constitution Act'' or the ``REPUBLIC Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES
<DELETED>Sec. 101. Congressional review of national emergencies.
<DELETED>Sec. 102. Reporting requirements.
<DELETED>Sec. 103. Conforming repeal.
<DELETED>Sec. 104. Effective date; applicability.
<DELETED>TITLE II--LIMITATIONS ON EMERGENCY AUTHORITIES
<DELETED>Sec. 201. Presidential war powers under Communications Act of
1934.
<DELETED>Sec. 202. Limitations on International Emergency Economic
Powers Act authorities.
<DELETED>Sec. 203. Congressional approval requirement for use of
Insurrection Act authorities.
<DELETED>Sec. 204. Disclosure to Congress of presidential emergency
action documents.
<DELETED>TITLE I--CONGRESSIONAL REVIEW OF NATIONAL
EMERGENCIES</DELETED>
<DELETED>SEC. 101. CONGRESSIONAL REVIEW OF NATIONAL
EMERGENCIES.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Specification of Provisions of Law To Be
Exercised.--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--
</DELETED>
<DELETED> ``(1) a proclamation declaring a national
emergency under subsection (a); or</DELETED>
<DELETED> ``(2) one or more Executive orders relating to the
emergency published in the Federal Register and transmitted to
Congress.</DELETED>
<DELETED> ``(c) Prohibition on Subsequent Actions if Emergencies Not
Approved.--</DELETED>
<DELETED> ``(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
30-day 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 the same
circumstances.</DELETED>
<DELETED> ``(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 in a
proclamation under subsection (a) or an Executive order under
subsection (b)(2) 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.</DELETED>
<DELETED> ``(d) Effect of Future Laws.--No law enacted after the
date of the enactment of this 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.</DELETED>
<DELETED>``SEC. 202. EFFECTIVE PERIODS OF NATIONAL
EMERGENCIES.</DELETED>
<DELETED> ``(a) Temporary Effective Periods.--</DELETED>
<DELETED> ``(1) In general.--A declaration of a national
emergency shall remain in effect for 30 days 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 30-day period expires unless there is enacted into law a
joint resolution of approval under section 203 with respect to
the proclamation.</DELETED>
<DELETED> ``(2) Exercise of powers and authorities.--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 30 days
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 30-day period expires unless there is enacted into law a
joint resolution of approval under section 203 approving--
</DELETED>
<DELETED> ``(A) the proclamation of the national
emergency or the Executive order; and</DELETED>
<DELETED> ``(B) the exercise of the power or
authority specified by the President in such
proclamation or Executive order.</DELETED>
<DELETED> ``(3) Exception if congress is unable to
convene.--If Congress is physically unable to convene as a
result of an armed attack upon the United States or another
national emergency, the 30-day periods described in paragraphs
(1) and (2) shall begin on the first day Congress convenes for
the first time after the attack or other emergency.</DELETED>
<DELETED> ``(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 90 days
after the President transmitted to Congress the proclamation declaring
the emergency or Congress approved a previous renewal pursuant to this
subsection, unless--</DELETED>
<DELETED> ``(1) the President publishes in the Federal
Register and transmits to Congress an Executive order renewing
the emergency; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Termination of National Emergencies.--</DELETED>
<DELETED> ``(1) Termination date.--</DELETED>
<DELETED> ``(A) In general.--Any national emergency
declared by the President under section 201(a) shall
terminate on the earliest of--</DELETED>
<DELETED> ``(i) the date provided for in
subsection (a);</DELETED>
<DELETED> ``(ii) the date provided for in
subsection (b);</DELETED>
<DELETED> ``(iii) the date specified in an
Act of Congress terminating the emergency;
or</DELETED>
<DELETED> ``(iv) the date specified in a
proclamation of the President terminating the
emergency.</DELETED>
<DELETED> ``(B) 5-year limitation.--Under no
circumstances may a national emergency declared by the
President under section 201(a)--</DELETED>
<DELETED> ``(i) continue on or after the
date that is 5 years after the date on which
the national emergency was first declared;
or</DELETED>
<DELETED> ``(ii) in the case of a national
emergency declared before the date of the
enactment of the Reforming Emergency Powers to
Uphold the Balances and Limitations Inherent in
the Constitution Act, continue on or after the
date that is 5 years after such date of
enactment.</DELETED>
<DELETED> ``(2) Effect of termination.--</DELETED>
<DELETED> ``(A) In general.--Effective on the date
of the termination of a national emergency under
paragraph (1)--</DELETED>
<DELETED> ``(i) except as provided by
subparagraph (B), any powers or authorities
exercised by reason of the emergency shall
cease to be exercised;</DELETED>
<DELETED> ``(ii) any amounts reprogrammed 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</DELETED>
<DELETED> ``(iii) any contracts entered into
under any provision of law relating to the
emergency shall be terminated.</DELETED>
<DELETED> ``(B) Savings provision.--The termination
of a national emergency shall not affect--</DELETED>
<DELETED> ``(i) any legal action taken or
pending legal proceeding not finally concluded
or determined on the date of the termination
under paragraph (1);</DELETED>
<DELETED> ``(ii) any legal action or legal
proceeding based on any act committed prior to
that date; or</DELETED>
<DELETED> ``(iii) any rights or duties that
matured or penalties that were incurred prior
to that date.</DELETED>
<DELETED>``SEC. 203. REVIEW BY CONGRESS OF NATIONAL
EMERGENCIES.</DELETED>
<DELETED> ``(a) Joint Resolution of Approval Defined.--In this
section, the term `joint resolution of approval' means a joint
resolution that contains only the following provisions after its
resolving clause:</DELETED>
<DELETED> ``(1) A provision approving--</DELETED>
<DELETED> ``(A) a proclamation of a national
emergency made under section 201(a);</DELETED>
<DELETED> ``(B) an Executive order issued under
section 201(b)(2); or</DELETED>
<DELETED> ``(C) an Executive order issued under
section 202(b).</DELETED>
<DELETED> ``(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 proclamation or Executive order
that is the subject of the joint resolution.</DELETED>
<DELETED> ``(b) Procedures for Consideration of Joint Resolutions of
Approval.--</DELETED>
<DELETED> ``(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 may be introduced in either House of Congress by any
member of that House.</DELETED>
<DELETED> ``(2) Requests to convene congress during
recesses.--If, when 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), Congress has adjourned sine die
or has adjourned for any period in excess of 3 calendar days,
the majority leader of the Senate and the Speaker of the House
of Representatives, or their respective designees, acting
jointly after consultation with and with the concurrence of the
minority leader of the Senate and the minority leader of the
House, shall notify the Members of the Senate and House,
respectively, to reassemble at such place and time as they may
designate if, in their opinion, the public interest shall
warrant it.</DELETED>
<DELETED> ``(3) Committee referral.--A joint resolution of
approval shall be referred in each House of Congress to the
committee or committees having jurisdiction over the emergency
authorities invoked by the proclamation or Executive order that
is the subject of the joint resolution.</DELETED>
<DELETED> ``(4) Consideration in senate.--In the Senate, the
following shall apply:</DELETED>
<DELETED> ``(A) Reporting and discharge.--If the
committee to which a joint resolution of approval has
been referred has not reported it at the end of 10
calendar days after its introduction, that committee
shall be automatically discharged from further
consideration of the resolution and it shall be placed
on the calendar.</DELETED>
<DELETED> ``(B) Proceeding to consideration.--
Notwithstanding Rule XXII of the Standing Rules of the
Senate, when the committee to which a joint resolution
of approval is referred has reported the resolution, or
when that committee is discharged under subparagraph
(A) from further consideration of the resolution, it is
at any time thereafter in order (even though a previous
motion to the same effect has been disagreed to) for a
motion to proceed to the consideration of the joint
resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived. The motion to proceed is
subject to 4 hours of debate divided equally between
those favoring and those opposing the joint resolution
of approval. 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.</DELETED>
<DELETED> ``(C) Amendments.--</DELETED>
<DELETED> ``(i) In general.--Except as
provided in clause (ii), no amendments shall be
in order with respect to a joint resolution of
approval.</DELETED>
<DELETED> ``(ii) Amendments to strike or add
specified provisions of law.--Clause (i) shall
not apply with respect to any amendment--
</DELETED>
<DELETED> ``(I) to strike a
provision or provisions of law from the
list required by subsection (a)(2);
or</DELETED>
<DELETED> ``(II) to add to that list
a provision or provisions of law
specified by the President under
section 201(b) in the proclamation or
Executive order that is the subject of
the joint resolution of
approval.</DELETED>
<DELETED> ``(D) Motion to reconsider final vote.--A
motion to reconsider a vote on passage of a joint
resolution of approval shall not be in order.</DELETED>
<DELETED> ``(E) Appeals.--Points of order, including
questions of relevancy, and appeals from the decision
of the Presiding Officer, shall be decided without
debate.</DELETED>
<DELETED> ``(5) Consideration in house of representatives.--
In the House of Representatives, the following shall
apply:</DELETED>
<DELETED> ``(A) Reporting and discharge.--If any
committee to which a joint resolution of approval has
been referred has not reported it to the House within
10 calendar days after the date of referral, such
committee shall be discharged from further
consideration of the joint resolution.</DELETED>
<DELETED> ``(B) Proceeding to consideration.--
</DELETED>
<DELETED> ``(i) In general.--Beginning on
the third legislative day after each committee
to which a joint resolution of approval has
been referred reports it to the House or has
been discharged from further consideration, and
except as provided in clause (ii), it shall be
in order to move to proceed to consider the
joint resolution in the House. 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.</DELETED>
<DELETED> ``(ii) Subsequent motions to
proceed to joint resolution of approval.--A
motion to proceed to consider a joint
resolution of approval shall not be in order
after the House has disposed of another motion
to proceed on that resolution.</DELETED>
<DELETED> ``(C) Floor consideration.--Upon adoption
of the motion to proceed in accordance with
subparagraph (B)(i), the joint resolution of approval
shall be considered as read. The previous question
shall be considered as ordered on the joint resolution
to final passage without intervening motion except two
hours of debate, which shall include debate on any
amendments, equally divided and controlled by the
sponsor of the joint resolution (or a designee) and an
opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.</DELETED>
<DELETED> ``(D) Amendments.--</DELETED>
<DELETED> ``(i) In general.--Except as
provided in clause (ii), no amendments shall be
in order with respect to a joint resolution of
approval.</DELETED>
<DELETED> ``(ii) Amendments to strike or add
specified provisions of law.--Clause (i) shall
not apply with respect to any amendment--
</DELETED>
<DELETED> ``(I) to strike a
provision or provisions of law from the
list required by subsection (a)(2);
or</DELETED>
<DELETED> ``(II) to add to that list
a provision or provisions of law
specified by the President under
section 201(b) in the proclamation or
Executive order that is the subject of
the joint resolution.</DELETED>
<DELETED> ``(6) Receipt of resolution from other house.--If,
before passing a joint resolution of approval, one House
receives from the other a joint resolution of approval from the
other House, then--</DELETED>
<DELETED> ``(A) the joint resolution of the other
House shall not be referred to a committee and shall be
deemed to have been discharged from committee on the
day it is received; and</DELETED>
<DELETED> ``(B) the procedures set forth in
paragraphs (3), (4), and (5), as applicable, shall
apply in the receiving House to the joint resolution
received from the other House to the same extent as
such procedures apply to a joint resolution of the
receiving House.</DELETED>
<DELETED> ``(c) Rule of Construction.--The enactment of a joint
resolution of approval 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.</DELETED>
<DELETED> ``(d) Rules of the House and Senate.--This section is
enacted by Congress--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 102. REPORTING REQUIREMENTS.</DELETED>
<DELETED> Section 401 of the National Emergencies Act (50 U.S.C.
1641) is amended by adding at the end the following:</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) A summary of the actions the President or
other officers intend to take, including any reprogramming or
transfer of funds, and the statutory authorities the President
and such officers expect to rely on in addressing the national
emergency.</DELETED>
<DELETED> ``(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 90-day period, including
any reprogramming or transfer of funds, to address the
emergency.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 6 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.''.</DELETED>
<DELETED>SEC. 103. CONFORMING REPEAL.</DELETED>
<DELETED> Title III of the National Emergencies Act (50 U.S.C. 1631)
is repealed.</DELETED>
<DELETED>SEC. 104. EFFECTIVE DATE; APPLICABILITY.</DELETED>
<DELETED> (a) In General.--This title and the amendments made by
this title shall--</DELETED>
<DELETED> (1) take effect on the date of the enactment of
this Act; and</DELETED>
<DELETED> (2) except as provided in subsection (b), apply
with respect to national emergencies declared under section 201
of the National Emergencies Act on or after that
date.</DELETED>
<DELETED> (b) 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 this 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 section 101.</DELETED>
<DELETED>TITLE II--LIMITATIONS ON EMERGENCY AUTHORITIES</DELETED>
<DELETED>SEC. 201. PRESIDENTIAL WAR POWERS UNDER COMMUNICATIONS ACT OF
1934.</DELETED>
<DELETED> (a) In General.--Section 706 of the Communications Act of
1934 (47 U.S.C. 606) is amended--</DELETED>
<DELETED> (1) by striking subsections (c) through (g);
and</DELETED>
<DELETED> (2) by redesignating subsection (h) as subsection
(c).</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--Section 309(h) of
the Communications Act of 1934 (47 U.S.C. 309(h)) is amended--
</DELETED>
<DELETED> (1) by inserting ``and'' before ``(2)'';
and</DELETED>
<DELETED> (2) by striking ``Act;'' and all that follows and
inserting ``Act.''.</DELETED>
<DELETED>SEC. 202. LIMITATIONS ON INTERNATIONAL EMERGENCY ECONOMIC
POWERS ACT AUTHORITIES.</DELETED>
<DELETED> (a) Prohibition Against Use of Authorities With Respect to
United States Persons.--Section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) is amended by adding at the end
the following:</DELETED>
<DELETED> ``(c)(1) The authorities granted to the President by
section 203 may not be exercised with respect to a United States
person.</DELETED>
<DELETED> ``(2) In this section, the term `United States person'
means--</DELETED>
<DELETED> ``(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United
States;</DELETED>
<DELETED> ``(B) an entity--</DELETED>
<DELETED> ``(i) organized under the laws of the
United States or any jurisdiction within the United
States; or</DELETED>
<DELETED> ``(ii) in which more than 50 percent of
the controlling interest is owned by a person described
in subparagraph (A), (B)(i), or (C); or</DELETED>
<DELETED> ``(C) any person in the United
States.''.</DELETED>
<DELETED> (b) Exclusion of Imposition of Duties and Import Quotas.--
Section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) is amended--</DELETED>
<DELETED> (1) by redesignating subsection (c) as subsection
(d); and</DELETED>
<DELETED> (2) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(c)(1) The authority granted to the President by this
section does not include the authority to impose duties or tariff-rate
quotas or (subject to paragraph (2)) other quotas on articles entering
the United States.</DELETED>
<DELETED> ``(2) The limitation under paragraph (1) does not prohibit
the President from excluding all articles, or all of a certain type of
article, imported from a country from entering the United
States.''.</DELETED>
<DELETED>SEC. 203. CONGRESSIONAL APPROVAL REQUIREMENT FOR USE OF
INSURRECTION ACT AUTHORITIES.</DELETED>
<DELETED> (a) In General.--Chapter 13 of title 10, United States
Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 256. Congressional approval requirement</DELETED>
<DELETED> ``The President may not use authorities described in
section 251, 252, or 253 unless Congress first enacts legislation
approving such use of authority.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of chapter 13 of title 10, United States Code, is amended by
inserting after the item relating to section 255 the following new
item:</DELETED>
<DELETED>``256. Congressional approval requirement.''.
<DELETED>SEC. 204. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY
ACTION DOCUMENTS.</DELETED>
<DELETED> (a) In General.--Not later than 3 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Oversight.--</DELETED>
<DELETED> (1) Senate.--The Committee on Homeland Security
and Governmental Affairs of the Senate shall have--</DELETED>
<DELETED> (A) continuing legislative oversight
jurisdiction in the Senate with respect to the
proposal, creation, implementation, and execution of
presidential emergency action documents; and</DELETED>
<DELETED> (B) access to any and all presidential
emergency action documents.</DELETED>
<DELETED> (2) House of representatives.--The Committee on
Oversight and Accountability of the House of Representatives
shall have--</DELETED>
<DELETED> (A) continuing legislative oversight
jurisdiction in the House of Representatives with
respect to the proposal, creation, implementation, and
execution of presidential emergency action documents;
and</DELETED>
<DELETED> (B) access to any and all presidential
emergency action documents.</DELETED>
<DELETED> (3) Duty to cooperate.--All officers and employees
of any Federal agency shall have the duty to cooperate with the
exercise of oversight jurisdiction described in this
subsection.</DELETED>
<DELETED> (4) Security clearances.--The chairpersons and
ranking members of the appropriate congressional committees,
and designated staff of those committees, shall be granted all
security clearances required to access, and granted access to,
presidential emergency action documents, including under
relevant Presidential or agency special access and
compartmented access programs.</DELETED>
<DELETED> (d) Definitions.--In this section:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (B) the Committee on Oversight and
Accountability of the House of
Representatives.</DELETED>
<DELETED> (2) Federal agency.--The term ``Federal agency''--
</DELETED>
<DELETED> (A) has the meaning given the term
``agency'' in section 552(f) of title 5, United States
Code; and</DELETED>
<DELETED> (B) includes the Executive Office of the
President, the Executive Office of the Vice President,
the Office of Management and Budget, and the National
Security Council.</DELETED>
<DELETED> (3) Presidential emergency action document.--The
term ``presidential emergency action document'' refers to any
document created by any Federal agency before, on, or after the
date of the enactment of this Act, that is--</DELETED>
<DELETED> (A) designated as a presidential emergency
action document or presidential emergency action
directive;</DELETED>
<DELETED> (B) designed to implement a presidential
decision or transmit a presidential request when an
emergency disrupts normal executive, legislative,
judicial, or other Federal governmental
processes;</DELETED>
<DELETED> (C) a Presidential Policy Directive,
regardless of whether the directive is available to the
public, that triggers any change in policies,
procedures, or operations of the Federal Government
upon the declaration by the President of an emergency;
or</DELETED>
<DELETED> (D) any other document, briefing, or plan,
regardless of whether the document, briefing, or plan
exists in any tangible or written form, that triggers
any change in operations of the Federal Government upon
the declaration by the President of an
emergency.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Reforming
Emergency Powers to Uphold the Balances and Limitations Inherent in the
Constitution Act'' or the ``REPUBLIC Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES
Sec. 101. Congressional review of national emergencies.
Sec. 102. Reporting requirements.
Sec. 103. Exclusion of certain national emergencies invoking
International Emergency Economic Powers
Act.
Sec. 104. Conforming amendments.
Sec. 105. Effective date; applicability.
TITLE II--LIMITATIONS ON EMERGENCY AUTHORITIES
Sec. 201. Protections for United States persons with respect to use of
authorities under International Emergency
Economic Powers Act.
Sec. 202. Exclusion of authority to impose duties and import quotas
from International Emergency Economic
Powers Act.
Sec. 203. Presidential war powers under Communications Act of 1934.
Sec. 204. Disclosure to Congress of presidential emergency action
documents.
TITLE I--CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES
SEC. 101. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.
The National Emergencies Act (50 U.S.C. 1621 et seq.) is amended by
inserting after title I the following:
``TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
``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.--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 30-day 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 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 in a proclamation
under subsection (a) or an Executive order under subsection
(b)(2) 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 this 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.
``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.
``(a) Temporary Effective Periods.--
``(1) In general.--A declaration of a national emergency
shall remain in effect for a period of 30 calendar days from
the issuance of the proclamation under section 201(a) (not
counting the day on which the proclamation was issued) and
shall terminate when such 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.--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 a period of 30
calendar days 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 such 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.
``(3) Exception if congress is unable to convene.--If
Congress is physically unable to convene as a result of an
armed attack upon the United States or another national
emergency, the 30-day periods described in paragraphs (1) and
(2) shall begin on the first day Congress convenes for the
first time after the attack or other emergency.
``(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 Congress approved 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
terminating the emergency; or
``(D) the date specified in a proclamation of the
President terminating the emergency.
``(2) Effect of termination.--
``(A) In general.--Effective on the date of the
termination of a national emergency under paragraph
(1)--
``(i) except as provided by subparagraph
(B), any powers or authorities exercised by
reason of the emergency shall cease to be
exercised;
``(ii) any amounts reprogrammed 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
``(iii) any contracts entered into pursuant
to authorities provided as a result of the
emergency shall be terminated.
``(B) Savings provision.--The termination of a
national emergency shall not affect--
``(i) any legal action taken or pending
legal proceeding not finally concluded or
determined on the date of the termination under
paragraph (1);
``(ii) any legal action or legal proceeding
based on any act committed prior to that date;
or
``(iii) any rights or duties that matured
or penalties that were incurred prior to that
date.
``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
``(a) Joint Resolution of Approval Defined.--In this section, the
term `joint resolution of approval' means a joint resolution that
contains only the following provisions after its resolving clause:
``(1) A provision approving--
``(A) a proclamation of a national emergency made
under section 201(a);
``(B) an Executive order issued under section
201(b)(2); or
``(C) an Executive order 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 proclamation or Executive order that is the
subject of the joint resolution.
``(b) Procedures for Consideration of Joint Resolutions of
Approval.--
``(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 may be introduced in either House of Congress by any
member of that House.
``(2) Requests to convene congress during recesses.--If,
when 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), Congress has adjourned sine die or has
adjourned for any period in excess of 3 calendar days, the
majority leader of the Senate and the Speaker of the House of
Representatives, or their respective designees, acting jointly
after consultation with and the concurrence of the minority
leader of the Senate and the minority leader of the House,
shall notify the Members of the Senate and House, respectively,
to reassemble at such place and time as they may designate if,
in their opinion, the public interest shall warrant it.
``(3) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Reporting and discharge.--If the committee to
which a joint resolution of approval has been referred
has not reported it at the end of 10 calendar days
after its introduction, that committee shall be
automatically discharged from further consideration of
the resolution and it shall be placed on the calendar.
``(B) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, when the
committee to which a joint resolution of approval is
referred has reported the resolution, or when that
committee is discharged under subparagraph (A) from
further consideration of the resolution, it is at any
time thereafter in order (even though a previous motion
to the same effect has been disagreed to) for a motion
to proceed to the consideration of the joint
resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived. The motion to proceed is
subject to 4 hours of debate divided equally between
those favoring and those opposing the joint resolution
of approval. 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.
``(C) Floor consideration.--A joint resolution of
approval shall be subject to 10 hours of consideration,
to be divided evenly between the proponents and
opponents of the resolution.
``(D) Amendments.--
``(i) In general.--Except as provided in
clause (ii), no amendments shall be in order
with respect to a joint resolution of approval.
``(ii) Amendments to strike or add
specified provisions of law.--Clause (i) shall
not apply with respect to any amendment--
``(I) to strike a provision or
provisions of law from the list
required by subsection (a)(2); or
``(II) to add to that list a
provision or provisions of law
specified by the President under
section 201(b) in the proclamation or
Executive order that is the subject of
the joint resolution of approval.
``(E) Motion to reconsider final vote.--A motion to
reconsider a vote on passage of a joint resolution of
approval shall not be in order.
``(F) Appeals.--Points of order, including
questions of relevancy, and appeals from the decision
of the Presiding Officer, shall be decided without
debate.
``(4) Consideration in house of representatives.--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If the committee to
which a joint resolution of approval has been referred
has not reported it to the House within 10 calendar
days after the date of referral, such committee shall
be discharged from further consideration of the joint
resolution.
``(B) Proceeding to consideration.--
``(i) In general.--Beginning on the third
legislative day after the committee to which a
joint resolution of approval has been referred
reports it to the House or has been discharged
from further consideration, and except as
provided in clause (ii), it shall be in order
to move to proceed to consider the joint
resolution in the House. 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) Subsequent motions to proceed to
joint resolution of approval.--A motion to
proceed to consider a joint resolution of
approval shall not be in order after the House
has disposed of another motion to proceed on
that resolution.
``(C) Floor consideration.--Upon adoption of the
motion to proceed in accordance with subparagraph
(B)(i), the joint resolution of approval shall be
considered as read. The previous question shall be
considered as ordered on the joint resolution to final
passage without intervening motion except two hours of
debate, which shall include debate on any amendments,
equally divided and controlled by the sponsor of the
joint resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(D) Amendments.--
``(i) In general.--Except as provided in
clause (ii), no amendments shall be in order
with respect to a joint resolution of approval.
``(ii) Amendments to strike or add
specified provisions of law.--Clause (i) shall
not apply with respect to any amendment--
``(I) to strike a provision or
provisions of law from the list
required by subsection (a)(2); or
``(II) to add to that list a
provision or provisions of law
specified by the President under
section 201(b) in the proclamation or
Executive order that is the subject of
the joint resolution.
``(5) Receipt of resolution from other house.--If, before
passing a joint resolution of approval, one House receives from
the other a joint resolution of approval from the other House,
then--
``(A) the joint resolution of the other House shall
not be referred to a committee and shall be deemed to
have been discharged from committee on the day it is
received; and
``(B) the procedures set forth in paragraphs (3)
and (4), as applicable, shall apply in the receiving
House to the joint resolution received from the other
House to the same extent as such procedures apply to a
joint resolution of the receiving House.
``(c) Rule of Construction.--The enactment of a joint resolution of
approval 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.
``(d) 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. APPLICABILITY.
``This title shall apply to a national emergency pursuant to which
the President proposes to exercise emergency powers or authorities made
available under any provision of law that is not a provision of law
described in section 604(a).''.
SEC. 102. REPORTING REQUIREMENTS.
Section 401 of the National Emergencies Act (50 U.S.C. 1641) is
amended--
(1) in subsection (c)--
(A) in the first sentence by inserting ``, and make
publicly available'' after ``transmit to Congress'';
and
(B) in the second sentence by inserting ``, and
make publicly available,'' before ``a final report'';
and
(2) by adding at the end the following:
``(d) Report on Emergencies.--The President shall transmit to the
entities described in subsection (g), 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 the statutory authorities the President
and such officers expect to rely on in addressing the national
emergency.
``(4) The total expenditures estimated to be incurred by
the United States Government during such six-month period which
are directly attributable to the exercise of powers and
authorities conferred by such declaration.
``(5) 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 the entities described in subsection (g) such other
information as such entities 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 6 months for the duration of the
emergency, report to the entities described in subsection (g) on the
status of the emergency, the total expenditures incurred by the United
States Government, and the actions the President or other officers have
taken and authorities the President and such officers have relied on in
addressing the emergency.
``(g) Entities Described.--The entities described in this
subsection are--
``(1) the Speaker of the House of Representatives;
``(2) minority leader of the House of Representatives;
``(3) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(4) the Committee on Homeland Security and Governmental
Affairs of the Senate.''.
SEC. 103. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING
INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
(a) In General.--The National Emergencies Act (50 U.S.C. 1601 et
seq.), as amended by this title, is further amended by adding at the
end the following:
``TITLE VI--DECLARATIONS OF CERTAIN EMERGENCIES INVOKING INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT
``SEC. 604. APPLICABILITY.
``(a) In General.--This title shall apply to 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.).
``(b) Effect of Additional Powers and Authorities.--This title
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 (a), the President proposes to exercise, pursuant to the
national emergency, any emergency powers and authorities under any
other provision of law.''.
(b) Transfer.--Sections 201, 202, and 301 of the National
Emergencies Act (50 U.S.C. 1601 et seq.), as such sections appeared on
the day before the date of the enactment of this Act, are--
(1) transferred to title VI of such Act (as added by
subsection (a));
(2) inserted before section 604 of such title (as added by
subsection (a)); and
(3) redesignated as sections 601, 602, and 603,
respectively.
(c) Conforming Amendment.--Title II of the National Emergencies Act
(50 U.S.C. 1601 et seq.), as such title appeared the day before the
date of the enactment of this Act, is amended by striking the heading
for such title.
SEC. 104. CONFORMING AMENDMENTS.
(a) National Emergencies Act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(b) International Emergency Economic Powers Act.--Section 207(b) of
the International Emergency Economic Powers Act (50 U.S.C. 1706) is
amended by striking ``concurrent resolution'' each place it appears and
inserting ``joint resolution''.
SEC. 105. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--This title and the amendments made by this title
shall--
(1) take effect on the date of the enactment of this Act;
and
(2) except as provided in subsection (b), apply with
respect to national emergencies declared under section 201 of
the National Emergencies Act on or after such date.
(b) Applicability to Renewals of Existing Emergencies.--With
respect to a national emergency declared under section 201 of the
National Emergencies Act before the date of the enactment of this Act
that 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 section 101.
(c) Supersession.--This title and the amendments made by this title
shall supersede title II of the National Emergencies Act (50 U.S.C.
1621 et seq.) as such title was in effect on the day before the date of
enactment of this Act.
TITLE II--LIMITATIONS ON EMERGENCY AUTHORITIES
SEC. 201. PROTECTIONS FOR UNITED STATES PERSONS WITH RESPECT TO USE OF
AUTHORITIES UNDER INTERNATIONAL EMERGENCY ECONOMIC POWERS
ACT.
The International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) is amended by inserting after section 203 the following:
``SEC. 203A. PROTECTIONS FOR UNITED STATES PERSONS.
``(a) Limitations for Necessities.--
``(1) In general.--Except as provided by paragraph (2) and
in accordance with this section, no authority provided under
section 203 may be exercised to target a United States person.
``(2) Exception for issuance of general licenses.--An
authority provided under section 203 may be exercised to target
a United States person if the President has, before using the
authority, issued a general license that ensures that the
United States person has sufficient access to the necessities
of life, including food, nutritional support, water, shelter,
clothing, sanitation, medicine, health care and other vital
services, and gainful employment where necessary to provide the
United States person a means for subsistence.
``(3) Due process for united states persons.--
``(A) In general.--When taking an action pursuant
to authority provided by section 203 to target a United
States person, the President shall--
``(i) provide contemporaneous notice of the
action to the United States person;
``(ii) not later than one week after taking
the action, provide the United States person
with the record on which the decision to take
the action was based, including an unclassified
summary, or a redacted version, of any
classified information that provides the United
States person with substantially the same
ability to respond to that information as the
classified information;
``(iii) provide the United States person
with the opportunity to request review of the
decision and to submit information in support
of that request;
``(iv) provide the United States person
with the opportunity for an administrative
hearing not later than 90 days after requesting
a review under clause (iii), unless the United
States person agrees to a longer period; and
``(v) render a written decision on a
request for review under clause (iii) not later
than 90 days after the hearing under clause
(iv), or, if no such hearing is requested, not
later than 90 days after the later of--
``(I) the request for review; or
``(II) the submission of
information in support of that request.
``(B) Failure to render timely decision.--Failure
to render a decision within the time frame specified in
subparagraph (A)(v) shall be considered an agency
action for purposes of section 702 of title 5, United
States Code.
``(b) Warrant for Seizure of Property of United States Persons.--
``(1) In general.--When taking an action pursuant to
authority provided by section 203 to target a United States
person, the President may not block or otherwise prevent the
access of the United States person to property in which the
United States person has an ownership interest except pursuant
to a warrant issued using the procedures described in the
Federal Rules of Criminal Procedure (or, in the case of a
court-martial or other proceeding under the Uniform Code of
Military Justice (chapter 47 of title 10, United States Code),
issued under section 846 of title 10, United States Code
(article 46 of the Uniform Code of Military Justice), in
accordance with regulations prescribed by the President) by a
court of competent jurisdiction.
``(2) Delayed warrants.--To the extent consistent with the
Fourth Amendment to the Constitution of the United States, a
court shall permit the temporary blocking of property under
section 203 without a warrant on an emergency basis, or use
other means lawfully available to the court, to enable the
Federal Government to identify the property that is subject to
blocking while reducing the risk of property flight.
``(c) Judicial Review.--
``(1) In general.--A United States person that is the
target of an action taken by the President pursuant to any
authority provided under section 203 may bring an action in a
United States court of competent jurisdiction, after exhaustion
of any available administrative remedies, to obtain judicial
review of the lawfulness of that action, including whether the
action was authorized by the Executive order or orders
specifying the measures to be taken under section 203 in
response to a determination issued under section 202.
``(2) Conduct of review.--In an action brought under
paragraph (1)--
``(A) the review of the court shall be de novo;
``(B) any party may introduce evidence not included
in the administrative record;
``(C) any administrative record or portions thereof
may be entered into evidence, and questions of
authentication or hearsay shall bear on the weight to
be accorded the evidence rather than its admissibility;
``(D) classified information shall be handled in
accordance with the Classified Information Procedures
Act (18 U.S.C. App.), except that references to the
`defendant' in such Act shall be deemed to apply to the
plaintiff; and
``(E) the court shall have the authority to order
injunctive relief, actual damages, and attorneys' fees.
``(3) Other means of review.--The availability of judicial
review under this subsection shall not preclude other available
means of judicial review, including under section 702 of title
5, United States Code, except that a person may not exercise
the right to judicial review under more than one provision of
law.
``(d) United States Person Defined.--In this section, the term
`United States person' means--
``(1) a United States national; or
``(2) an entity--
``(A) organized under the laws of the United States
or any jurisdiction within the United States; and
``(B) in which more than 50 percent of the
controlling interest is owned by a person described in
paragraph (1).''.
SEC. 202. EXCLUSION OF AUTHORITY TO IMPOSE DUTIES AND IMPORT QUOTAS
FROM INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
Section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c)(1) The authority granted to the President by this section
does not include the authority to impose duties or tariff-rate quotas
or (subject to paragraph (2)) other quotas on articles entering the
United States.
``(2) The limitation under paragraph (1) does not prohibit the
President from excluding all articles, or all of a certain type of
article, imported from a country from entering the United States.''.
SEC. 203. PRESIDENTIAL WAR POWERS UNDER COMMUNICATIONS ACT OF 1934.
(a) In General.--Section 706 of the Communications Act of 1934 (47
U.S.C. 606) is amended--
(1) by striking subsections (c) through (g); and
(2) by redesignating subsection (h) as subsection (c).
(b) Technical and Conforming Amendment.--Section 309(h) of the
Communications Act of 1934 (47 U.S.C. 309(h)) is amended--
(1) by inserting ``and'' before ``(2)''; and
(2) by striking ``Act;'' and all that follows and inserting
``Act.''.
SEC. 204. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY ACTION
DOCUMENTS.
(a) In General.--Not later than 3 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) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall have--
(A) continuing legislative oversight jurisdiction
in the Senate with respect to the proposal, creation,
implementation, and execution of presidential emergency
action documents; and
(B) access to any and all presidential emergency
action documents.
(2) House of representatives.--The Committee on Oversight
and Accountability of the House of Representatives shall have--
(A) continuing legislative oversight jurisdiction
in the House of Representatives with respect to the
proposal, creation, implementation, and execution of
presidential emergency action documents; and
(B) access to any and all presidential emergency
action documents.
(3) Duty to cooperate.--All officers and employees of any
Federal agency shall have the duty to cooperate with the
exercise of oversight jurisdiction described in this
subsection.
(4) Security clearances.--The chairpersons and ranking
members of the appropriate congressional committees, and
designated staff of those committees, shall be granted all
security clearances required to access, and granted access to,
presidential emergency action documents, including under
relevant Presidential or agency special access and
compartmented access programs.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Accountability
of the House of Representatives.
(2) Federal agency.--The term ``Federal agency''--
(A) has the meaning given the term ``agency'' in
section 552(f) of title 5, United States Code; and
(B) includes the Executive Office of the President,
the Executive Office of the Vice President, the Office
of Management and Budget, and the National Security
Council.
(3) Presidential emergency action document.--The term
``presidential emergency action document'' refers to any
document created by any Federal agency before, on, or after the
date of the enactment of this Act, that is--
(A) designated as a presidential emergency action
document or presidential emergency action directive;
(B) designed to implement a presidential decision
or transmit a presidential request when an emergency
disrupts normal executive, legislative, judicial, or
other Federal governmental processes;
(C) a Presidential Policy Directive, regardless of
whether the directive is available to the public, that
triggers any change in policies, procedures, or
operations of the Federal Government upon the
declaration by the President of an emergency; or
(D) any other document, briefing, or plan,
regardless of whether the document, briefing, or plan
exists in any tangible or written form, that triggers
any change in operations of the Federal Government upon
the declaration by the President of an emergency.
Calendar No. 736
118th CONGRESS
2d Session
S. 4373
[Report No. 118-316]
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A BILL
To provide for congressional approval of national emergency
declarations.
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December 19 (legislative day, December 16), 2024
Reported with an amendment