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[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]

_______________________________________________________________________

                                 A BILL

      To provide for congressional approval of national emergency 
                             declarations.

_______________________________________________________________________

            December 19 (legislative day, December 16), 2024

                       Reported with an amendment
```