[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4373 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4373 To provide for congressional approval of national emergency declarations. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 21, 2024 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ 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, 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. Conforming repeal. Sec. 104. Effective date; applicability. TITLE II--LIMITATIONS ON EMERGENCY AUTHORITIES Sec. 201. Presidential war powers under Communications Act of 1934. Sec. 202. Limitations on International Emergency Economic Powers Act authorities. Sec. 203. Congressional approval requirement for use of Insurrection Act authorities. Sec. 204. Disclosure to Congress of presidential emergency action documents. TITLE I--CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES SEC. 101. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES. 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: ``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 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. ``(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-- ``(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 90 days 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) Termination date.-- ``(A) In general.--Any national emergency declared by the President under section 201(a) shall terminate on the earliest of-- ``(i) the date provided for in subsection (a); ``(ii) the date provided for in subsection (b); ``(iii) the date specified in an Act of Congress terminating the emergency; or ``(iv) the date specified in a proclamation of the President terminating the emergency. ``(B) 5-year limitation.--Under no circumstances may a national emergency declared by the President under section 201(a)-- ``(i) continue on or after the date that is 5 years after the date on which the national emergency was first declared; or ``(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. ``(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 under any provision of law relating to 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 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. ``(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. ``(4) 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) 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. ``(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. ``(E) Appeals.--Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate. ``(5) Consideration in house of representatives.--In the House of Representatives, the following shall apply: ``(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. ``(B) Proceeding to consideration.-- ``(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. ``(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