shall remain the unfinished business 
until disposed of. 
‘‘(II) CONSIDERATION.—Consid-
eration of the approval legislation, and 
of all debatable motions and appeals 
in connection therewith, shall be lim-
ited to not more than 4 hours, which 
shall be divided equally between the 
majority and minority leaders or their 
designees. A motion further to limit 
consideration is in order and not de-
batable. An amendment to, or a mo-
tion to postpone, or a motion to pro-
ceed to the consideration of other 
business, or a motion to recommit the 
approval legislation is not in order. 
‘‘(III) VOTE ON PASSAGE.—The 
vote on passage shall occur imme-
diately following the conclusion of the 
debate on the approval legislation, and 
a single quorum call at the conclusion 
of the debate if requested in accord-
ance with the rules of the Senate. 
‘‘(IV) RULINGS
OF
THE
CHAIR 
ON
PROCEDURE.—Appeals from the 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
decisions of the Chair relating to the 
application of the rules of the Senate, 
as the case may be, to the procedure 
relating to the approval legislation 
shall be decided without debate. 
‘‘(C) RULES RELATING TO SENATE AND 
HOUSE OF REPRESENTATIVES.— 
‘‘(i) COORDINATION WITH ACTION BY 
OTHER HOUSE.—If, before the passage by 
one House of approval legislation of that 
House relating to an action by the Presi-
dent under subsection (a), (b), (c), or (d), 
that House receives from the other House 
approval legislation relating to such action, 
then the following procedures shall apply: 
‘‘(I) The approval legislation of 
the other House shall not be referred 
to a committee. 
‘‘(II) With respect to approval 
legislation of the House receiving the 
approval legislation from the other 
House— 
‘‘(aa) the procedure in that 
House shall be the same as if no 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
approval legislation had been re-
ceived from the other House; but 
‘‘(bb) if— 
‘‘(AA) the approval leg-
islation 
from 
the 
other 
House is identical to the ap-
proval legislation then pend-
ing for passage in that 
House, the vote on passage 
shall be on the approval leg-
islation of the other House; 
or 
‘‘(BB) the approval leg-
islation received from the 
other House is not identical 
to the approval legislation 
then pending for passage in 
that House and that House 
then passes the approval leg-
islation of that House, that 
House shall be considered to 
have passed the approval 
legislation from the other 
House as amended by the 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
text of the approval legisla-
tion of that House. 
‘‘(ii) TREATMENT OF APPROVAL LEG-
ISLATION
OF
OTHER
HOUSE.—If one 
House fails to introduce or consider ap-
proval legislation relating to an action by 
the President under subsection (a), (b), 
(c), or (d), the approval legislation of the 
other House relating to such action shall 
be entitled to expedited floor procedures 
under this paragraph. 
‘‘(iii) TREATMENT
OF
COMPANION 
MEASURES.—If, following passage of ap-
proval legislation relating to an action by 
the President under subsection (a), (b), 
(c), or (d) in the Senate, the Senate then 
receives approval legislation relating to 
such action from the House of Representa-
tives, the approval legislation from the 
House of Representatives shall be entitled 
to expedited floor procedures under this 
paragraph except it shall not be debatable. 
‘‘(iv) ACTION ON MESSAGE BETWEEN 
HOUSES.—During the consideration in the 
Senate or the House of Representatives of 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
a message between Houses on any ap-
proval legislation relating to an action by 
the President under subsection (a), (b), 
(c), or (d), and all amendments in dis-
agreement, and all amendments thereto, 
and debatable motions and appeals in con-
nection therewith, consideration shall be 
limited to 2 hours, to be equally divided 
between, and controlled by, the majority 
leader and minority leader or their des-
ignees. Consideration of any debatable mo-
tion or appeal related to the message shall 
be limited to 1 hour, to be equally divided 
between, and controlled by, the mover and 
the manager of the message. 
‘‘(v) CONSIDERATION
AFTER
PAS-
SAGE.— 
‘‘(I) IN GENERAL.—If Congress 
passes approval legislation, the period 
beginning on the date the President is 
presented with the legislation and 
ending on the date the President 
takes action with respect to the legis-
lation shall be disregarded in com-
puting the 48-hour period. 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
‘‘(II) VETOES.—If the President 
vetoes the approval legislation— 
‘‘(aa) the period beginning 
at the time the President vetoes 
the legislation and ending on the 
date the Congress receives the 
veto message with respect to the 
approval legislation shall be dis-
regarded in computing the 48- 
hour period; and 
‘‘(bb) debate on a veto mes-
sage in the Senate under this 
paragraph shall be 1 hour equally 
divided between the majority and 
minority leaders or their des-
ignees. 
‘‘(D) EXTENSION OF 48-HOUR PERIOD FOR 
EXIGENT CIRCUMSTANCES.—If either chamber 
is adjourned when the 48-hour period begins 
and cannot practicably reconvene in time to 
consider approval legislation in accordance with 
this subsection during the 48-hour period, and 
if all of the congressional leaders, or their des-
ignees, reach an agreement under which they, 
or their designees, determine that the action 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
under subsection (a), (b), (c), or (d) to which 
such notification relates is necessary to protect 
against an imminent and specific threat to 
human life or an imminent and specific threat 
to national security, and that the 48-hour pe-
riod will be extended until such time as they, or 
their designees, consider practicable, such pe-
riod shall be extended until such time. Such 
agreement shall be provided to the President, 
the Members of the House of Representatives 
and Senate, and each senior Government offi-
cial. 
‘‘(E) SUPERMAJORITY REQUIRED.—In the 
Senate and the House of Representatives, the 
approval legislation may only be adopted (in-
cluding in the case of adoption by one House of 
approval legislation received from the other 
House, with or without amendment) by an af-
firmative vote of not less than— 
‘‘(i) three-fifths of the Members of 
each respective chamber, duly chosen and 
sworn; and 
‘‘(ii) one-quarter of Members of each 
respective chamber who caucus with the 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
party that has the second-largest number 
of Members of such chamber. 
‘‘(F) RULES OF HOUSE OF REPRESENTA-
TIVES
AND
SENATE.—This paragraph is en-
acted by Congress— 
‘‘(i) as an exercise of the rulemaking 
power of the Senate and House of Rep-
resentatives, respectively, and as such it is 
deemed a part of the rules of each House, 
respectively, but applicable only with re-
spect to the procedure to be followed in 
that House in the case of approval legisla-
tion, and it supersedes other rules only to 
the extent that it is inconsistent with such 
rules; and 
‘‘(ii) with full recognition of the con-
stitutional right of either House to change 
the rules (so far as relating to the proce-
dure 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. 
‘‘(5) SUBSEQUENT ACTIONS.—If an action by 
the President under subsection (a), (b), (c), or (d) 
does not take effect or ceases to have any force or 
effect as provided in this subsection, the same or a 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
substantially similar action by the President may not 
take effect unless— 
‘‘(A) there is enacted a law authorizing 
such same or substantially similar action; or 
‘‘(B) the basis for such same or substan-
tially similar action is a war, threat of war, 
state of public peril, disaster, national emer-
gency, or other circumstance that is completely 
separate and distinct from the circumstance 
that is the basis for the President to take the 
earlier action. 
‘‘(6) EARLIER TERMINATION BY PRESIDENT.— 
Nothing in this subsection may be construed to pro-
hibit the President from providing that an action 
under subsection (a), (b), (c), or (d) shall cease to 
have any force or effect before the time provided in 
this subsection. 
‘‘(7) POST-HOC GAO REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the President takes an action under 
subsection (a), (b), (c), or (d), the Comptroller 
General of the United States shall submit to 
Congress a report on such action. 
‘‘(B) CONTENTS.—A report required by 
subparagraph (A) shall assess— 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
‘‘(i) the degree to which the President 
adhered to the requirements of this sub-
section, including the standard required by 
paragraph (1) for taking such an action; 
and 
‘‘(ii) the impact of the action taken by 
the President on— 
‘‘(I) civil liberties and civil rights, 
including any disproportionate im-
pacts on marginalized communities; 
‘‘(II) public safety, including 
emergency services, emergency sup-
port services, and public safety an-
swering points (as such terms are de-
fined in section 222(h)); 
‘‘(III) 
functions 
of 
Federal, 
State, Tribal, and local governments; 
‘‘(IV) the economy, including any 
projection of future or ongoing im-
pacts; 
‘‘(V) communications facilities 
and the technical architecture of im-
pacted communications networks (in-
cluding the security of such facilities 
and networks); and 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
‘‘(VI) private companies. 
‘‘(C) CONSULTATION.—In preparing a re-
port required by subparagraph (A), the Comp-
troller General shall consult with relevant stake-
holders. 
‘‘(D) UNCLASSIFIED FORM.—A report re-
quired by subparagraph (A) shall be submitted 
in unclassified form but may contain a classi-
fied annex. 
‘‘(8) DEFINITIONS.—In this subsection: 
‘‘(A) APPROVAL LEGISLATION.—The term 
‘approval legislation’ means a joint resolution 
that— 
‘‘(i) does not contain a preamble; 
‘‘(ii) the matter after the resolving 
clause of which is as follows: ‘That Con-
gress approves the action by the President 
under section 706 of the Communications 
Act of 1934 (47 U.S.C. 606) with respect 
to which the President transmitted a noti-
fication under subsection (i)(2) of such 
section on llllll, and such action 
is authorized to be in effect through 
llllll.’, the blank spaces being 
appropriately filled in; and 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
‘‘(iii) is introduced during the 48-hour 
period. 
‘‘(B) 
CONGRESSIONAL
LEADERS.—The 
term ‘congressional leaders’ means the Speaker 
and minority leader of the House of Represent-
atives and the majority leader and minority 
leader of the Senate. 
‘‘(C) 
RELEVANT
STAKEHOLDERS.—The 
term ‘relevant stakeholders’ means— 
‘‘(i) senior Government officials; 
‘‘(ii) the Under Secretary of Com-
merce for Standards and Technology; 
‘‘(iii) the Privacy and Civil Liberties 
Oversight Board; 
‘‘(iv) the congressional leaders; and 
‘‘(v) experts from academia, public in-
terest organizations, and private industry 
with expertise in— 
‘‘(I) civil liberties and civil rights; 
‘‘(II) economics; 
‘‘(III) cybersecurity and network 
security; 
‘‘(IV) national security; and 
‘‘(V) telecommunications. 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
‘‘(D) SENIOR
GOVERNMENT
OFFICIAL.— 
The term ‘senior Government official’ means— 
‘‘(i) the Vice President; 
‘‘(ii) the head of each Executive de-
partment (as defined in section 101 of title 
5, United States Code); 
‘‘(iii) each Commissioner of the Com-
mission; 
‘‘(iv) the head of each element of the 
intelligence community (as defined in sec-
tion 3 of the National Security Act of 
1947 (50 U.S.C. 3003)); and 
‘‘(v) each member of the Joint Chiefs 
of Staff. 
‘‘(j) LIABILITY.—No person shall be held criminally 
or civilly liable for any action taken to comply with an 
action taken by the President under subsection (a), (b), 
(c), or (d), if— 
‘‘(1) the action by the President is taken in ac-
cordance with this section and any other applicable 
provision of law; and 
‘‘(2) any service disrupted by the action of such 
person is restored as soon as reasonably feasible 
after the action by the President ceases to have any 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
force or effect in accordance with this section and 
any other applicable provision of law.’’. 
(b) ONE-TIME GAO REPORT.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of the enactment of this Act, the 
Comptroller General of the United States shall sub-
mit to Congress a report that predicts the impact of 
a communications shutdown, partial or complete, as 
provided for in subsection (a), (b), (c), or (d) of sec-
tion 706 of the Communications Act of 1934 (47 
U.S.C. 606) or any other law, regulation, Executive 
order, or document of the Federal Government, on— 
(A) civil liberties and civil rights, including 
any disproportionate impacts on marginalized 
communities; 
(B) national security; 
(C) public safety, including emergency 
services, emergency support services, and public 
safety answering points (as such terms are de-
fined in section 222(h) of the Communications 
Act of 1934 (47 U.S.C. 222(h))); 
(D) functions of Federal, State (as defined 
in section 3 of the Communications Act of 1934 
(47 U.S.C. 153)), Tribal, and local govern-
ments; 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
(E) the economy, including any projection 
of future or ongoing impacts; 
(F) communications facilities and the tech-
nical architecture of impacted communications 
networks (including the security of such facili-
ties and networks); and 
(G) private companies. 
(2) CONSULTATION.—In preparing the report 
required by paragraph (1), the Comptroller General 
shall, to the degree practicable, consult with relevant 
stakeholders (as defined in paragraph (8) of sub-
section (i) of section 706 of the Communications Act 
of 1934, as added by subsection (a) of this section). 
(3) UNCLASSIFIED FORM.—The report required 
by paragraph (1) shall be submitted in unclassified 
form but may contain a classified annex. 
(4) COMMUNICATIONS SHUTDOWN DEFINED.— 
In this subsection, the term ‘‘communications shut-
down’’ has the meaning given such term in para-
graph (6) of subsection (e) of section 706 of the 
Communications Act of 1934, as amended by sub-
section (c). 
(c) JUST COMPENSATION
AND COSTS
TO CUS-
TOMERS.— 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
(1) IN
GENERAL.—Subsection (e) of section 
706 of the Communications Act of 1934 (47 U.S.C. 
606) is amended to read as follows: 
‘‘(e)(1) The President shall ascertain— 
‘‘(A) the just compensation for use or control 
under subsection (c) or (d); and 
‘‘(B) the cost of any harm to the customers of 
a provider of communications by wire or radio 
caused by an action by the President under sub-
section (a), (b), (c), or (d) that results in a partial 
or complete communications shutdown. 
‘‘(2)(A) The President shall certify the amounts 
ascertained under paragraph (1) to Congress for appro-
priation and payment to the person entitled thereto. 
‘‘(B) In the case of the cost of harm to the customers 
of a provider, the person entitled to payment under sub-
paragraph (A) shall be such provider. Such provider shall, 
not later than 60 days after receiving payment, pay such 
amount to the customers who were harmed. 
‘‘(3) If an amount certified under paragraph (2) is 
unsatisfactory to the person entitled thereto, such person 
shall be paid only 75 percent of the amount and shall be 
entitled to sue the United States to recover such further 
sums as added to such payment of 75 percent will make 
such amount as will be just compensation described in 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
paragraph (1)(A) or the cost of any harm described in 
paragraph (1)(B), as the case may be. Such suit shall be 
brought in the manner provided by section 1346 or section 
1491 of title 28, United States Code. 
‘‘(4) The Commission shall promulgate regulations 
that contain— 
‘‘(A) a methodology for ascertaining the cost of 
harm under paragraph (1)(B); and 
‘‘(B) a methodology that a provider of commu-
nications shall use to determine how much of the 
amount required by paragraph (2)(B) to be paid to 
customers of such provider who were harmed shall 
be paid to each such customer. 
‘‘(5) A provider of communications by wire or radio 
may not charge a customer for reactivating, reconnecting, 
or taking any similar action with respect to any service 
or connection impacted by an action by the President 
under subsection (a), (b), (c), or (d). 
‘‘(6) In this subsection, the term ‘communications 
shutdown’ means an intentional disruption of internet or 
other communications by wire or radio rendering such 
communications inaccessible or effectively unusable, for a 
specific population or within a specific location (which may 
include the entire population of the United States or the 
entire territory of the United States).’’. 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS
(2) DEADLINE FOR REGULATIONS.—The Fed-
eral Communications Commission shall promulgate 
the regulations required by paragraph (4) of sub-
section (e) of section 706 of the Communications 
Act of 1934, as amended by paragraph (1), not later 
than 180 days after the date of the enactment of 
this Act. 
(d) CONFORMING AMENDMENTS.—Section 706 of the 
Communications Act of 1934 is further amended— 
(1) in the second sentence of subsection (a), by 
inserting ‘‘(subject to subsection (i))’’ after ‘‘deter-
mine’’; 
(2) in the first sentence of subsection (c), by in-
serting ‘‘(subject to subsection (i))’’ after ‘‘as he 
may see fit’’; and 
(3) in subsection (d), by striking ‘‘and not later 
than such earlier date as the Congress by concurrent 
resolution may designate’’ and inserting ‘‘(but sub-
ject to subsection (i) with respect to any particular 
action under this subsection during such period)’’. 
(e) RULE OF CONSTRUCTION.—This section and the 
amendments made by this section shall not be construed 
to expand Presidential authorities existing as of the day 
before the date of the enactment of this Act. 
Æ 
VerDate Sep 11 2014 
21:53 Nov 13, 2020
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6301
E:\BILLS\H8659.IH
H8659
jbell on DSKJLSW7X2PROD with BILLS