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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4373 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4373

      To provide for congressional approval of national emergency 
                             declarations.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2024

   Mr. Paul introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
      To provide for congressional approval of national emergency 
                             declarations.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reforming 
Emergency Powers to Uphold the Balances and Limitations Inherent in the 
Constitution Act'' or the ``REPUBLIC Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES

Sec. 101. Congressional review of national emergencies.
Sec. 102. Reporting requirements.
Sec. 103. Conforming repeal.
Sec. 104. Effective date; applicability.
             TITLE II--LIMITATIONS ON EMERGENCY AUTHORITIES

Sec. 201. Presidential war powers under Communications Act of 1934.
Sec. 202. Limitations on International Emergency Economic Powers Act 
                            authorities.
Sec. 203. Congressional approval requirement for use of Insurrection 
                            Act authorities.
Sec. 204. Disclosure to Congress of presidential emergency action 
                            documents.

         TITLE I--CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES

SEC. 101. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.

    Title II of the National Emergencies Act (50 U.S.C. 1621 et seq.) 
is amended by striking sections 201 and 202 and inserting the 
following:

``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.

    ``(a) Authority To Declare National Emergencies.--With respect to 
Acts of Congress authorizing the exercise, during the period of a 
national emergency, of any special or extraordinary power, the 
President is authorized to declare such a national emergency by 
proclamation. Such proclamation shall immediately be transmitted to 
Congress and published in the Federal Register.
    ``(b) Specification of Provisions of Law To Be Exercised.--No 
powers or authorities made available by statute for use during the 
period of a national emergency shall be exercised unless and until the 
President specifies the provisions of law under which the President 
proposes that the President or other officers will act in--
            ``(1) a proclamation declaring a national emergency under 
        subsection (a); or
            ``(2) one or more Executive orders relating to the 
        emergency published in the Federal Register and transmitted to 
        Congress.
    ``(c) Prohibition on Subsequent Actions if Emergencies Not 
Approved.--
            ``(1) Subsequent declarations.--If a joint resolution of 
        approval is not enacted under section 203 with respect to a 
        national emergency before the expiration of the 30-day period 
        described in section 202(a), or with respect to a national 
        emergency proposed to be renewed under section 202(b), the 
        President may not, during the remainder of the term of office 
        of that President, declare a subsequent national emergency 
        under subsection (a) with respect to the same circumstances.
            ``(2) Exercise of authorities.--If a joint resolution of 
        approval is not enacted under section 203 with respect to a 
        power or authority specified by the President in a proclamation 
        under subsection (a) or an Executive order under subsection 
        (b)(2) with respect to a national emergency, the President may 
        not, during the remainder of the term of office of that 
        President, exercise that power or authority with respect to 
        that emergency.
    ``(d) Effect of Future Laws.--No law enacted after the date of the 
enactment of this Act shall supersede this title unless it does so in 
specific terms, referring to this title, and declaring that the new law 
supersedes the provisions of this title.

``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.

    ``(a) Temporary Effective Periods.--
            ``(1) In general.--A declaration of a national emergency 
        shall remain in effect for 30 days from the issuance of the 
        proclamation under section 201(a) (not counting the day on 
        which the proclamation was issued) and shall terminate when 
        that 30-day period expires unless there is enacted into law a 
        joint resolution of approval under section 203 with respect to 
        the proclamation.
            ``(2) Exercise of powers and authorities.--Any emergency 
        power or authority made available under a provision of law 
        specified pursuant to section 201(b) may be exercised pursuant 
        to a declaration of a national emergency for 30 days from the 
        issuance of the proclamation or Executive order (not counting 
        the day on which such proclamation or Executive order was 
        issued). That power or authority may not be exercised after 
        that 30-day period expires unless there is enacted into law a 
        joint resolution of approval under section 203 approving--
                    ``(A) the proclamation of the national emergency or 
                the Executive order; and
                    ``(B) the exercise of the power or authority 
                specified by the President in such proclamation or 
                Executive order.
            ``(3) Exception if congress is unable to convene.--If 
        Congress is physically unable to convene as a result of an 
        armed attack upon the United States or another national 
        emergency, the 30-day periods described in paragraphs (1) and 
        (2) shall begin on the first day Congress convenes for the 
        first time after the attack or other emergency.
    ``(b) Renewal of National Emergencies.--A national emergency 
declared by the President under section 201(a) or previously renewed 
under this subsection, and not already terminated pursuant to 
subsection (a) or (c), shall terminate on the date that is 90 days 
after the President transmitted to Congress the proclamation declaring 
the emergency or Congress approved a previous renewal pursuant to this 
subsection, unless--
            ``(1) the President publishes in the Federal Register and 
        transmits to Congress an Executive order renewing the 
        emergency; and
            ``(2) there is enacted into law a joint resolution of 
        approval renewing the emergency pursuant to section 203 before 
        the termination of the emergency or previous renewal of the 
        emergency.
    ``(c) Termination of National Emergencies.--
            ``(1) Termination date.--
                    ``(A) In general.--Any national emergency declared 
                by the President under section 201(a) shall terminate 
                on the earliest of--
                            ``(i) the date provided for in subsection 
                        (a);
                            ``(ii) the date provided for in subsection 
                        (b);
                            ``(iii) the date specified in an Act of 
                        Congress terminating the emergency; or
                            ``(iv) the date specified in a proclamation 
                        of the President terminating the emergency.
                    ``(B) 5-year limitation.--Under no circumstances 
                may a national emergency declared by the President 
                under section 201(a)--
                            ``(i) continue on or after the date that is 
                        5 years after the date on which the national 
                        emergency was first declared; or
                            ``(ii) in the case of a national emergency 
                        declared before the date of the enactment of 
                        the Reforming Emergency Powers to Uphold the 
                        Balances and Limitations Inherent in the 
                        Constitution Act, continue on or after the date 
                        that is 5 years after such date of enactment.
            ``(2) Effect of termination.--
                    ``(A) In general.--Effective on the date of the 
                termination of a national emergency under paragraph 
                (1)--
                            ``(i) except as provided by subparagraph 
                        (B), any powers or authorities exercised by 
                        reason of the emergency shall cease to be 
                        exercised;
                            ``(ii) any amounts reprogrammed or 
                        transferred under any provision of law with 
                        respect to the emergency that remain 
                        unobligated on that date shall be returned and 
                        made available for the purpose for which such 
                        amounts were appropriated; and
                            ``(iii) any contracts entered into under 
                        any provision of law relating to the emergency 
                        shall be terminated.
                    ``(B) Savings provision.--The termination of a 
                national emergency shall not affect--
                            ``(i) any legal action taken or pending 
                        legal proceeding not finally concluded or 
                        determined on the date of the termination under 
                        paragraph (1);
                            ``(ii) any legal action or legal proceeding 
                        based on any act committed prior to that date; 
                        or
                            ``(iii) any rights or duties that matured 
                        or penalties that were incurred prior to that 
                        date.

``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

    ``(a) Joint Resolution of Approval Defined.--In this section, the 
term `joint resolution of approval' means a joint resolution that 
contains only the following provisions after its resolving clause:
            ``(1) A provision approving--
                    ``(A) a proclamation of a national emergency made 
                under section 201(a);
                    ``(B) an Executive order issued under section 
                201(b)(2); or
                    ``(C) an Executive order issued under section 
                202(b).
            ``(2) A provision approving a list of all or a portion of 
        the provisions of law specified by the President under section 
        201(b) in the proclamation or Executive order that is the 
        subject of the joint resolution.
    ``(b) Procedures for Consideration of Joint Resolutions of 
Approval.--
            ``(1) Introduction.--After the President transmits to 
        Congress a proclamation declaring a national emergency under 
        section 201(a), or an Executive order specifying emergency 
        powers or authorities under section 201(b)(2) or renewing a 
        national emergency under section 202(b), a joint resolution of 
        approval may be introduced in either House of Congress by any 
        member of that House.
            ``(2) Requests to convene congress during recesses.--If, 
        when the President transmits to Congress a proclamation 
        declaring a national emergency under section 201(a), or an 
        Executive order specifying emergency powers or authorities 
        under section 201(b)(2) or renewing a national emergency under 
        section 202(b), Congress has adjourned sine die or has 
        adjourned for any period in excess of 3 calendar days, the 
        majority leader of the Senate and the Speaker of the House of 
        Representatives, or their respective designees, acting jointly 
        after consultation with and with the concurrence of the 
        minority leader of the Senate and the minority leader of the 
        House, shall notify the Members of the Senate and House, 
        respectively, to reassemble at such place and time as they may 
        designate if, in their opinion, the public interest shall 
        warrant it.
            ``(3) Committee referral.--A joint resolution of approval 
        shall be referred in each House of Congress to the committee or 
        committees having jurisdiction over the emergency authorities 
        invoked by the proclamation or Executive order that is the 
        subject of the joint resolution.
            ``(4) Consideration in senate.--In the Senate, the 
        following shall apply:
                    ``(A) Reporting and discharge.--If the committee to 
                which a joint resolution of approval has been referred 
                has not reported it at the end of 10 calendar days 
                after its introduction, that committee shall be 
                automatically discharged from further consideration of 
                the resolution and it shall be placed on the calendar.
                    ``(B) Proceeding to consideration.--Notwithstanding 
                Rule XXII of the Standing Rules of the Senate, when the 
                committee to which a joint resolution of approval is 
                referred has reported the resolution, or when that 
                committee is discharged under subparagraph (A) from 
                further consideration of the resolution, it is at any 
                time thereafter in order (even though a previous motion 
                to the same effect has been disagreed to) for a motion 
                to proceed to the consideration of the joint 
                resolution, and all points of order against the joint 
                resolution (and against consideration of the joint 
                resolution) are waived. The motion to proceed is 
                subject to 4 hours of debate divided equally between 
                those favoring and those opposing the joint resolution 
                of approval. The motion is not subject to amendment, or 
                to a motion to postpone, or to a motion to proceed to 
                the consideration of other business.
                    ``(C) Amendments.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), no amendments shall be in order 
                        with respect to a joint resolution of approval.
                            ``(ii) Amendments to strike or add 
                        specified provisions of law.--Clause (i) shall 
                        not apply with respect to any amendment--
                                    ``(I) to strike a provision or 
                                provisions of law from the list 
                                required by subsection (a)(2); or
                                    ``(II) to add to that list a 
                                provision or provisions of law 
                                specified by the President under 
                                section 201(b) in the proclamation or 
                                Executive order that is the subject of 
                                the joint resolution of approval.
                    ``(D) Motion to reconsider final vote.--A motion to 
                reconsider a vote on passage of a joint resolution of 
                approval shall not be in order.
                    ``(E) Appeals.--Points of order, including 
                questions of relevancy, and appeals from the decision 
                of the Presiding Officer, shall be decided without 
                debate.
            ``(5) Consideration in house of representatives.--In the 
        House of Representatives, the following shall apply:
                    ``(A) Reporting and discharge.--If any committee to 
                which a joint resolution of approval has been referred 
                has not reported it to the House within 10 calendar 
                days after the date of referral, such committee shall 
                be discharged from further consideration of the joint 
                resolution.
                    ``(B) Proceeding to consideration.--
                            ``(i) In general.--Beginning on the third 
                        legislative day after each committee to which a 
                        joint resolution of approval has been referred 
                        reports it to the House or has been discharged 
                        from further consideration, and except as 
                        provided in clause (ii), it shall be in order 
                        to move to proceed to consider the joint 
                        resolution in the House. The previous question 
                        shall be considered as ordered on the motion to 
                        its adoption without intervening motion. The 
                        motion shall not be debatable. A motion to 
                        reconsider the vote by which the motion is 
                        disposed of shall not be in order.
                            ``(ii) Subsequent motions to proceed to 
                        joint resolution of approval.--A motion to 
                        proceed to consider a joint resolution of 
                        approval shall not be in order after the House 
                        has disposed of another motion to proceed on 
                        that resolution.
                    ``(C) Floor consideration.--Upon adoption of the 
                motion to proceed in accordance with subparagraph 
                (B)(i), the joint resolution of approval shall be 
                considered as read. The previous question shall be 
                considered as ordered on the joint resolution to final 
                passage without intervening motion except two hours of 
                debate, which shall include debate on any amendments, 
                equally divided and controlled by the sponsor of the 
                joint resolution (or a designee) and an opponent. A 
                motion to reconsider the vote on passage of the joint 
                resolution shall not be in order.
                    ``(D) Amendments.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), no amendments shall be in order 
                        with respect to a joint resolution of approval.
                            ``(ii) Amendments to strike or add 
                        specified provisions of law.--Clause (i) shall 
                        not apply with respect to any amendment--
                                    ``(I) to strike a provision or 
                                provisions of law from the list 
                                required by subsection (a)(2); or
                                    ``(II) to add to that list a 
                                provision or provisions of law 
                                specified by the President under 
                                section 201(b) in the proclamation or 
                                Executive order that is the subject of 
                                the joint resolution.
            ``(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--
                    ``(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), 
                (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.
    ``(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. 102. REPORTING REQUIREMENTS.

    Section 401 of the National Emergencies Act (50 U.S.C. 1641) is 
amended by adding at the end the following:
    ``(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:
            ``(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) 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.
    ``(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.
    ``(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.''.

SEC. 103. CONFORMING REPEAL.

    Title III of the National Emergencies Act (50 U.S.C. 1631) is 
repealed.

SEC. 104. 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 that date.
    (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.

             TITLE II--LIMITATIONS ON EMERGENCY AUTHORITIES

SEC. 201. 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. 202. LIMITATIONS ON INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT 
              AUTHORITIES.

    (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:
    ``(c)(1) The authorities granted to the President by section 203 
may not be exercised with respect to a United States person.
    ``(2) In this section, the term `United States person' means--
            ``(A) a United States citizen or an alien lawfully admitted 
        for permanent residence to the United States;
            ``(B) an entity--
                    ``(i) organized under the laws of the United States 
                or any jurisdiction within the United States; or
                    ``(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
            ``(C) any person in the United States.''.
    (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--
            (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. CONGRESSIONAL APPROVAL REQUIREMENT FOR USE OF INSURRECTION 
              ACT AUTHORITIES.

    (a) In General.--Chapter 13 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 256. Congressional approval requirement
    ``The President may not use authorities described in section 251, 
252, or 253 unless Congress first enacts legislation approving such use 
of authority.''.
    (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:

``256. Congressional approval requirement.''.

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.
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