II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Reforming Emergency Powers to Uphold the Balances 

6 and Limitations Inherent in the Constitution Act’’ or the 

7 ‘‘REPUBLIC Act’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES 


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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. 

1 TITLE I—CONGRESSIONAL RE2 VIEW OF NATIONAL EMER3 GENCIES 

4 SEC. 101. CONGRESSIONAL REVIEW OF NATIONAL EMER5 GENCIES. 

6 Title II of the National Emergencies Act (50 U.S.C. 

7 1621 et seq.) is amended by striking sections 201 and 202 

8 and inserting the following: 

9 ‘‘SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES. 

10 ‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER11 GENCIES.—With respect to Acts of Congress authorizing 

12 the exercise, during the period of a national emergency, 

13 of any special or extraordinary power, the President is au14 thorized to declare such a national emergency by procla15 mation. Such proclamation shall immediately be trans16 mitted to Congress and published in the Federal Register. 

17 ‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE

18 EXERCISED.—No powers or authorities made available by 

19 statute for use during the period of a national emergency 


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1 shall be exercised unless and until the President specifies 

2 the provisions of law under which the President proposes 

3 that the President or other officers will act in— 

4 ‘‘(1) a proclamation declaring a national emer5 gency under subsection (a); or 

6 ‘‘(2) one or more Executive orders relating to 

7 the emergency published in the Federal Register and 

8 transmitted to Congress. 

9 ‘‘(c) PROHIBITION ON SUBSEQUENT ACTIONS IF

10 EMERGENCIES NOT APPROVED.— 

11 ‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint 

12 resolution of approval is not enacted under section 

13 203 with respect to a national emergency before the 

14 expiration of the 30-day period described in section 

15 202(a), or with respect to a national emergency pro16 posed to be renewed under section 202(b), the Presi17 dent may not, during the remainder of the term of 

18 office of that President, declare a subsequent na19 tional emergency under subsection (a) with respect 

20 to the same circumstances. 

21 ‘‘(2) EXERCISE OF AUTHORITIES.—If a joint 

22 resolution of approval is not enacted under section 

23 203 with respect to a power or authority specified by 

24 the President in a proclamation under subsection (a) 

25 or an Executive order under subsection (b)(2) with 


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1 respect to a national emergency, the President may 

2 not, during the remainder of the term of office of 

3 that President, exercise that power or authority with 

4 respect to that emergency. 

5 ‘‘(d) EFFECT OF FUTURE LAWS.—No law enacted 

6 after the date of the enactment of this Act shall supersede 

7 this title unless it does so in specific terms, referring to 

8 this title, and declaring that the new law supersedes the 

9 provisions of this title. 

10 ‘‘SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMER11 GENCIES. 

12 ‘‘(a) TEMPORARY EFFECTIVE PERIODS.— 

13 ‘‘(1) IN GENERAL.—A declaration of a national 

14 emergency shall remain in effect for 30 days from 

15 the issuance of the proclamation under section 

16 201(a) (not counting the day on which the proclama17 tion was issued) and shall terminate when that 30- 

18 day period expires unless there is enacted into law 

19 a joint resolution of approval under section 203 with 

20 respect to the proclamation. 

21 ‘‘(2) EXERCISE OF POWERS AND AUTHORI22 TIES.—Any emergency power or authority made 

23 available under a provision of law specified pursuant 

24 to section 201(b) may be exercised pursuant to a 

25 declaration of a national emergency for 30 days 


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1 from the issuance of the proclamation or Executive 

2 order (not counting the day on which such proclama3 tion or Executive order was issued). That power or 

4 authority may not be exercised after that 30-day pe5 riod expires unless there is enacted into law a joint 

6 resolution of approval under section 203 approv7 ing— 

8 ‘‘(A) the proclamation of the national 

9 emergency or the Executive order; and 

10 ‘‘(B) the exercise of the power or authority 

11 specified by the President in such proclamation 

12 or Executive order. 

13 ‘‘(3) EXCEPTION IF CONGRESS IS UNABLE TO

14 CONVENE.—If Congress is physically unable to con15 vene as a result of an armed attack upon the United 

16 States or another national emergency, the 30-day 

17 periods described in paragraphs (1) and (2) shall 

18 begin on the first day Congress convenes for the 

19 first time after the attack or other emergency. 

20 ‘‘(b) RENEWAL OF NATIONAL EMERGENCIES.—A na21 tional emergency declared by the President under section 

22 201(a) or previously renewed under this subsection, and 

23 not already terminated pursuant to subsection (a) or (c), 

24 shall terminate on the date that is 90 days after the Presi25 dent transmitted to Congress the proclamation declaring 


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1 the emergency or Congress approved a previous renewal 

2 pursuant to this subsection, unless— 

3 ‘‘(1) the President publishes in the Federal 

4 Register and transmits to Congress an Executive 

5 order renewing the emergency; and 

6 ‘‘(2) there is enacted into law a joint resolution 

7 of approval renewing the emergency pursuant to sec8 tion 203 before the termination of the emergency or 

9 previous renewal of the emergency. 

10 ‘‘(c) TERMINATION OF NATIONAL EMERGENCIES.— 

11 ‘‘(1) TERMINATION DATE.— 

12 ‘‘(A) IN GENERAL.—Any national emer13 gency declared by the President under section 

14 201(a) shall terminate on the earliest of— 

15 ‘‘(i) the date provided for in sub16 section (a); 

17 ‘‘(ii) the date provided for in sub18 section (b); 

19 ‘‘(iii) the date specified in an Act of 

20 Congress terminating the emergency; or 

21 ‘‘(iv) the date specified in a proclama22 tion of the President terminating the emer23 gency. 


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1 ‘‘(B) 5-YEAR LIMITATION.—Under no cir2 cumstances may a national emergency declared 

3 by the President under section 201(a)— 

4 ‘‘(i) continue on or after the date that 

5 is 5 years after the date on which the na6 tional emergency was first declared; or 

7 ‘‘(ii) in the case of a national emer8 gency declared before the date of the en9 actment of the Reforming Emergency Pow10 ers to Uphold the Balances and Limita11 tions Inherent in the Constitution Act, 

12 continue on or after the date that is 5 

13 years after such date of enactment. 

14 ‘‘(2) EFFECT OF TERMINATION.— 

15 ‘‘(A) IN GENERAL.—Effective on the date 

16 of the termination of a national emergency 

17 under paragraph (1)— 

18 ‘‘(i) except as provided by subpara19 graph (B), any powers or authorities exer20 cised by reason of the emergency shall 

21 cease to be exercised; 

22 ‘‘(ii) any amounts reprogrammed or 

23 transferred under any provision of law 

24 with respect to the emergency that remain 

25 unobligated on that date shall be returned 


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1 and made available for the purpose for 

2 which such amounts were appropriated; 

3 and 

4 ‘‘(iii) any contracts entered into under 

5 any provision of law relating to the emer6 gency shall be terminated. 

7 ‘‘(B) SAVINGS PROVISION.—The termi8 nation of a national emergency shall not af9 fect— 

10 ‘‘(i) any legal action taken or pending 

11 legal proceeding not finally concluded or 

12 determined on the date of the termination 

13 under paragraph (1); 

14 ‘‘(ii) any legal action or legal pro15 ceeding based on any act committed prior 

16 to that date; or 

17 ‘‘(iii) any rights or duties that ma18 tured or penalties that were incurred prior 

19 to that date. 

20 ‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER21 GENCIES. 

22 ‘‘(a) JOINT RESOLUTION OF APPROVAL DEFINED.— 

23 In this section, the term ‘joint resolution of approval’ 

24 means a joint resolution that contains only the following 

25 provisions after its resolving clause: 


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1 ‘‘(1) A provision approving— 

2 ‘‘(A) a proclamation of a national emer3 gency made under section 201(a); 

4 ‘‘(B) an Executive order issued under sec5 tion 201(b)(2); or 

6 ‘‘(C) an Executive order issued under sec7 tion 202(b). 

8 ‘‘(2) A provision approving a list of all or a por9 tion of the provisions of law specified by the Presi10 dent under section 201(b) in the proclamation or 

11 Executive order that is the subject of the joint reso12 lution. 

13 ‘‘(b) PROCEDURES FOR CONSIDERATION OF JOINT

14 RESOLUTIONS OF APPROVAL.— 

15 ‘‘(1) INTRODUCTION.—After the President 

16 transmits to Congress a proclamation declaring a 

17 national emergency under section 201(a), or an Ex18 ecutive order specifying emergency powers or au19 thorities under section 201(b)(2) or renewing a na20 tional emergency under section 202(b), a joint reso21 lution of approval may be introduced in either House 

22 of Congress by any member of that House. 

23 ‘‘(2) REQUESTS TO CONVENE CONGRESS DUR24 ING RECESSES.—If, when the President transmits to 

25 Congress a proclamation declaring a national emerVerDate Sep 11 2014 16:28 Jun 29, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4373.IS S4373

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1 gency under section 201(a), or an Executive order 

2 specifying emergency powers or authorities under 

3 section 201(b)(2) or renewing a national emergency 

4 under section 202(b), Congress has adjourned sine 

5 die or has adjourned for any period in excess of 3 

6 calendar days, the majority leader of the Senate and 

7 the Speaker of the House of Representatives, or 

8 their respective designees, acting jointly after con9 sultation with and with the concurrence of the mi10 nority leader of the Senate and the minority leader 

11 of the House, shall notify the Members of the Senate 

12 and House, respectively, to reassemble at such place 

13 and time as they may designate if, in their opinion, 

14 the public interest shall warrant it. 

15 ‘‘(3) COMMITTEE REFERRAL.—A joint resolu16 tion of approval shall be referred in each House of 

17 Congress to the committee or committees having ju18 risdiction over the emergency authorities invoked by 

19 the proclamation or Executive order that is the sub20 ject of the joint resolution. 

21 ‘‘(4) CONSIDERATION IN SENATE.—In the Sen22 ate, the following shall apply: 

23 ‘‘(A) REPORTING AND DISCHARGE.—If the 

24 committee to which a joint resolution of ap25 proval has been referred has not reported it at 


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1 the end of 10 calendar days after its introduc2 tion, that committee shall be automatically dis3 charged from further consideration of the reso4 lution and it shall be placed on the calendar. 

5 ‘‘(B) PROCEEDING TO CONSIDERATION.— 

6 Notwithstanding Rule XXII of the Standing 

7 Rules of the Senate, when the committee to 

8 which a joint resolution of approval is referred 

9 has reported the resolution, or when that com10 mittee is discharged under subparagraph (A) 

11 from further consideration of the resolution, it 

12 is at any time thereafter in order (even though 

13 a previous motion to the same effect has been 

14 disagreed to) for a motion to proceed to the 

15 consideration of the joint resolution, and all 

16 points of order against the joint resolution (and 

17 against consideration of the joint resolution) 

18 are waived. The motion to proceed is subject to 

19 4 hours of debate divided equally between those 

20 favoring and those opposing the joint resolution 

21 of approval. The motion is not subject to 

22 amendment, or to a motion to postpone, or to 

23 a motion to proceed to the consideration of 

24 other business. 

25 ‘‘(C) AMENDMENTS.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), no amendments shall 

3 be in order with respect to a joint resolu4 tion of approval. 

5 ‘‘(ii) AMENDMENTS TO STRIKE OR

6 ADD SPECIFIED PROVISIONS OF LAW.— 

7 Clause (i) shall not apply with respect to 

8 any amendment— 

9 ‘‘(I) to strike a provision or pro10 visions of law from the list required 

11 by subsection (a)(2); or 

12 ‘‘(II) to add to that list a provi13 sion or provisions of law specified by 

14 the President under section 201(b) in 

15 the proclamation or Executive order 

16 that is the subject of the joint resolu17 tion of approval. 

18 ‘‘(D) MOTION TO RECONSIDER FINAL

19 VOTE.—A motion to reconsider a vote on pas20 sage of a joint resolution of approval shall not 

21 be in order. 

22 ‘‘(E) APPEALS.—Points of order, including 

23 questions of relevancy, and appeals from the de24 cision of the Presiding Officer, shall be decided 

25 without debate. 


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1 ‘‘(5) CONSIDERATION IN HOUSE OF REP2 RESENTATIVES.—In the House of Representatives, 

3 the following shall apply: 

4 ‘‘(A) REPORTING AND DISCHARGE.—If any 

5 committee to which a joint resolution of ap6 proval has been referred has not reported it to 

7 the House within 10 calendar days after the 

8 date of referral, such committee shall be dis9 charged from further consideration of the joint 

10 resolution. 

11 ‘‘(B) PROCEEDING TO CONSIDERATION.— 

12 ‘‘(i) IN GENERAL.—Beginning on the 

13 third legislative day after each committee 

14 to which a joint resolution of approval has 

15 been referred reports it to the House or 

16 has been discharged from further consider17 ation, and except as provided in clause (ii), 

18 it shall be in order to move to proceed to 

19 consider the joint resolution in the House. 

20 The previous question shall be considered 

21 as ordered on the motion to its adoption 

22 without intervening motion. The motion 

23 shall not be debatable. A motion to recon24 sider the vote by which the motion is dis25 posed of shall not be in order. 


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1 ‘‘(ii) SUBSEQUENT MOTIONS TO PRO2 CEED TO JOINT RESOLUTION OF AP3 PROVAL.—A motion to proceed to consider 

4 a joint resolution of approval shall not be 

5 in order after the House has disposed of 

6 another motion to proceed on that resolu7 tion. 

8 ‘‘(C) FLOOR CONSIDERATION.—Upon 

9 adoption of the motion to proceed in accordance 

10 with subparagraph (B)(i), the joint resolution 

11 of approval shall be considered as read. The 

12 previous question shall be considered as ordered 

13 on the joint resolution to final passage without 

14 intervening motion except two hours of debate, 

15 which shall include debate on any amendments, 

16 equally divided and controlled by the sponsor of 

17 the joint resolution (or a designee) and an op18 ponent. A motion to reconsider the vote on pas19 sage of the joint resolution shall not be in 

20 order. 

21 ‘‘(D) AMENDMENTS.— 

22 ‘‘(i) IN GENERAL.—Except as pro23 vided in clause (ii), no amendments shall 

24 be in order with respect to a joint resolu25 tion of approval. 


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1 ‘‘(ii) AMENDMENTS TO STRIKE OR

2 ADD SPECIFIED PROVISIONS OF LAW.— 

3 Clause (i) shall not apply with respect to 

4 any amendment— 

5 ‘‘(I) to strike a provision or pro6 visions of law from the list required 

7 by subsection (a)(2); or 

8 ‘‘(II) to add to that list a provi9 sion or provisions of law specified by 

10 the President under section 201(b) in 

11 the proclamation or Executive order 

12 that is the subject of the joint resolu13 tion. 

14 ‘‘(6) RECEIPT OF RESOLUTION FROM OTHER

15 HOUSE.—If, before passing a joint resolution of ap16 proval, one House receives from the other a joint 

17 resolution of approval from the other House, then— 

18 ‘‘(A) the joint resolution of the other 

19 House shall not be referred to a committee and 

20 shall be deemed to have been discharged from 

21 committee on the day it is received; and 

22 ‘‘(B) the procedures set forth in para23 graphs (3), (4), and (5), as applicable, shall 

24 apply in the receiving House to the joint resolu25 tion received from the other House to the same 


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1 extent as such procedures apply to a joint reso2 lution of the receiving House. 

3 ‘‘(c) RULE OF CONSTRUCTION.—The enactment of a 

4 joint resolution of approval under this section shall not 

5 be interpreted to serve as a grant or modification by Con6 gress of statutory authority for the emergency powers of 

7 the President. 

8 ‘‘(d) RULES OF THE HOUSE AND SENATE.—This sec9 tion is enacted by Congress— 

10 ‘‘(1) as an exercise of the rulemaking power of 

11 the Senate and the House of Representatives, re12 spectively, and as such is deemed a part of the rules 

13 of each House, respectively, but applicable only with 

14 respect to the procedure to be followed in the House 

15 in the case of joint resolutions described in this sec16 tion, and supersedes other rules only to the extent 

17 that it is inconsistent with such other rules; and 

18 ‘‘(2) with full recognition of the constitutional 

19 right of either House to change the rules (so far as 

20 relating to the procedure of that House) at any time, 

21 in the same manner, and to the same extent as in 

22 the case of any other rule of that House.’’. 


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1 SEC. 102. REPORTING REQUIREMENTS. 

2 Section 401 of the National Emergencies Act (50 

3 U.S.C. 1641) is amended by adding at the end the fol4 lowing: 

5 ‘‘(d) REPORT ON EMERGENCIES.—The President 

6 shall transmit to Congress, with any proclamation declar7 ing a national emergency under section 201(a) or any Ex8 ecutive order specifying emergency powers or authorities 

9 under section 201(b)(2) or renewing a national emergency 

10 under section 202(b), a report, in writing, that includes 

11 the following: 

12 ‘‘(1) A description of the circumstances necessi13 tating the declaration of a national emergency, the 

14 renewal of such an emergency, or the use of a new 

15 emergency authority specified in the Executive 

16 order, as the case may be. 

17 ‘‘(2) The estimated duration of the national 

18 emergency, or a statement that the duration of the 

19 national emergency cannot reasonably be estimated 

20 at the time of transmission of the report. 

21 ‘‘(3) A summary of the actions the President or 

22 other officers intend to take, including any re23 programming or transfer of funds, and the statutory 

24 authorities the President and such officers expect to 

25 rely on in addressing the national emergency. 


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1 ‘‘(4) In the case of a renewal of a national 

2 emergency, a summary of the actions the President 

3 or other officers have taken in the preceding 90-day 

4 period, including any reprogramming or transfer of 

5 funds, to address the emergency. 

6 ‘‘(e) PROVISION OF INFORMATION TO CONGRESS.— 

7 The President shall provide to Congress such other infor8 mation as Congress may request in connection with any 

9 national emergency in effect under title II. 

10 ‘‘(f) PERIODIC REPORTS ON STATUS OF EMER11 GENCIES.—If the President declares a national emergency 

12 under section 201(a), the President shall, not less fre13 quently than every 6 months for the duration of the emer14 gency, report to Congress on the status of the emergency 

15 and the actions the President or other officers have taken 

16 and authorities the President and such officers have relied 

17 on in addressing the emergency.’’. 

18 SEC. 103. CONFORMING REPEAL. 

19 Title III of the National Emergencies Act (50 U.S.C. 

20 1631) is repealed. 

21 SEC. 104. EFFECTIVE DATE; APPLICABILITY. 

22 (a) IN GENERAL.—This title and the amendments 

23 made by this title shall— 

24 (1) take effect on the date of the enactment of 

25 this Act; and 


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1 (2) except as provided in subsection (b), apply 

2 with respect to national emergencies declared under 

3 section 201 of the National Emergencies Act on or 

4 after that date. 

5 (b) APPLICABILITY TO RENEWALS OF EXISTING

6 EMERGENCIES.—When a national emergency declared 

7 under section 201 of the National Emergencies Act before 

8 the date of the enactment of this Act would expire or be 

9 renewed under section 202(d) of that Act (as in effect on 

10 the day before such date of enactment), that national 

11 emergency shall be subject to the requirements for renewal 

12 under section 202(b) of that Act, as amended by section 

13 101. 

14 TITLE II—LIMITATIONS ON 

15 EMERGENCY AUTHORITIES 

16 SEC. 201. PRESIDENTIAL WAR POWERS UNDER COMMU17 NICATIONS ACT OF 1934. 

18 (a) IN GENERAL.—Section 706 of the Communica19 tions Act of 1934 (47 U.S.C. 606) is amended— 

20 (1) by striking subsections (c) through (g); and 

21 (2) by redesignating subsection (h) as sub22 section (c). 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 Section 309(h) of the Communications Act of 1934 (47 

25 U.S.C. 309(h)) is amended— 


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1 (1) by inserting ‘‘and’’ before ‘‘(2)’’; and 

2 (2) by striking ‘‘Act;’’ and all that follows and 

3 inserting ‘‘Act.’’. 

4 SEC. 202. LIMITATIONS ON INTERNATIONAL EMERGENCY 

5 ECONOMIC POWERS ACT AUTHORITIES. 

6 (a) PROHIBITION AGAINST USE OF AUTHORITIES

7 WITH RESPECT TO UNITED STATES PERSONS.—Section 

8 202 of the International Emergency Economic Powers Act 

9 (50 U.S.C. 1701) is amended by adding at the end the 

10 following: 

11 ‘‘(c)(1) The authorities granted to the President by 

12 section 203 may not be exercised with respect to a United 

13 States person. 

14 ‘‘(2) In this section, the term ‘United States person’ 

15 means— 

16 ‘‘(A) a United States citizen or an alien lawfully 

17 admitted for permanent residence to the United 

18 States; 

19 ‘‘(B) an entity— 

20 ‘‘(i) organized under the laws of the 

21 United States or any jurisdiction within the 

22 United States; or 

23 ‘‘(ii) in which more than 50 percent of the 

24 controlling interest is owned by a person de25 scribed in subparagraph (A), (B)(i), or (C); or 


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1 ‘‘(C) any person in the United States.’’. 

2 (b) EXCLUSION OF IMPOSITION OF DUTIES AND IM3 PORT QUOTAS.—Section 203 of the International Emer4 gency Economic Powers Act (50 U.S.C. 1702) is amend5 ed— 

6 (1) by redesignating subsection (c) as sub7 section (d); and 

8 (2) by inserting after subsection (b) the fol9 lowing: 

10 ‘‘(c)(1) The authority granted to the President by 

11 this section does not include the authority to impose duties 

12 or tariff-rate quotas or (subject to paragraph (2)) other 

13 quotas on articles entering the United States. 

14 ‘‘(2) The limitation under paragraph (1) does not 

15 prohibit the President from excluding all articles, or all 

16 of a certain type of article, imported from a country from 

17 entering the United States.’’. 

18 SEC. 203. CONGRESSIONAL APPROVAL REQUIREMENT FOR 

19 USE OF INSURRECTION ACT AUTHORITIES. 

20 (a) IN GENERAL.—Chapter 13 of title 10, United 

21 States Code, is amended by adding at the end the fol22 lowing new section: 


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1 ‘‘§ 256. Congressional approval requirement 

2 ‘‘The President may not use authorities described in 

3 section 251, 252, or 253 unless Congress first enacts legis4 lation approving such use of authority.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of chapter 13 of title 10, United States 

7 Code, is amended by inserting after the item relating to 

8 section 255 the following new item: 

‘‘256. Congressional approval requirement.’’. 

9 SEC. 204. DISCLOSURE TO CONGRESS OF PRESIDENTIAL 

10 EMERGENCY ACTION DOCUMENTS. 

11 (a) IN GENERAL.—Not later than 3 days after the 

12 conclusion of the process for approval, adoption, or revi13 sion of any presidential emergency action document, the 

14 President shall submit that document to the appropriate 

15 congressional committees. 

16 (b) DOCUMENTS IN EXISTENCE BEFORE DATE OF

17 ENACTMENT.—Not later than 15 days after the date of 

18 the enactment of this Act, the President shall submit to 

19 the appropriate congressional committees all presidential 

20 emergency action documents in existence before such date 

21 of enactment. 

22 (c) OVERSIGHT.— 

23 (1) SENATE.—The Committee on Homeland 

24 Security and Governmental Affairs of the Senate 

25 shall have— 


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1 (A) continuing legislative oversight juris2 diction in the Senate with respect to the pro3 posal, creation, implementation, and execution 

4 of presidential emergency action documents; 

5 and 

6 (B) access to any and all presidential 

7 emergency action documents. 

8 (2) HOUSE OF REPRESENTATIVES.—The Com9 mittee on Oversight and Accountability of the House 

10 of Representatives shall have— 

11 (A) continuing legislative oversight juris12 diction in the House of Representatives with re13 spect to the proposal, creation, implementation, 

14 and execution of presidential emergency action 

15 documents; and 

16 (B) access to any and all presidential 

17 emergency action documents. 

18 (3) DUTY TO COOPERATE.—All officers and em19 ployees of any Federal agency shall have the duty to 

20 cooperate with the exercise of oversight jurisdiction 

21 described in this subsection. 

22 (4) SECURITY CLEARANCES.—The chairpersons 

23 and ranking members of the appropriate congres24 sional committees, and designated staff of those 

25 committees, shall be granted all security clearances 


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1 required to access, and granted access to, presi2 dential emergency action documents, including under 

3 relevant Presidential or agency special access and 

4 compartmented access programs. 

5 (d) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Homeland Security 

10 and Governmental Affairs of the Senate; and 

11 (B) the Committee on Oversight and Ac12 countability of the House of Representatives. 

13 (2) FEDERAL AGENCY.—The term ‘‘Federal 

14 agency’’— 

15 (A) has the meaning given the term ‘‘agen16 cy’’ in section 552(f) of title 5, United States 

17 Code; and 

18 (B) includes the Executive Office of the 

19 President, the Executive Office of the Vice 

20 President, the Office of Management and Budg21 et, and the National Security Council. 

22 (3) PRESIDENTIAL EMERGENCY ACTION DOCU23 MENT.—The term ‘‘presidential emergency action 

24 document’’ refers to any document created by any 


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1 Federal agency before, on, or after the date of the 

2 enactment of this Act, that is— 

3 (A) designated as a presidential emergency 

4 action document or presidential emergency ac5 tion directive; 

6 (B) designed to implement a presidential 

7 decision or transmit a presidential request when 

8 an emergency disrupts normal executive, legisla9 tive, judicial, or other Federal governmental 

10 processes; 

11 (C) a Presidential Policy Directive, regard12 less of whether the directive is available to the 

13 public, that triggers any change in policies, pro14 cedures, or operations of the Federal Govern15 ment upon the declaration by the President of 

16 an emergency; or 

17 (D) any other document, briefing, or plan, 

18 regardless of whether the document, briefing, or 

19 plan exists in any tangible or written form, that 

20 triggers any change in operations of the Fed21 eral Government upon the declaration by the 

22 President of an emergency. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS