REPUBLIC Act

II 116TH CONGRESS 1ST SESSION S. 1809 To require congressional approval of national emergency declarations and to repeal the emergency powers and authorities most susceptible to abuse, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 12, 2019 Mr. PAUL (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require congressional approval of national emergency dec- larations and to repeal the emergency powers and au- thorities most susceptible to abuse, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reforming Emergency 4 Powers to Uphold the Balances and Limitations Inherent 5 in the Constitution Act’’ or the ‘‘REPUBLIC Act’’. 6 VerDate Sep 11 2014 02:29 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1809.IS S1809 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1809 IS SEC. 2. CONGRESSIONAL APPROVAL OF NATIONAL EMER- 1 GENCY DECLARATIONS. 2 (a) IN GENERAL.—Section 201 of the National 3 Emergencies Act (50 U.S.C. 1621) is amended to read 4 as follows: 5 ‘‘SEC. 201. DECLARATION AND CONGRESSIONAL APPROVAL 6 OF NATIONAL EMERGENCIES. 7 ‘‘(a) IN GENERAL.—With respect to Acts of Congress 8 authorizing the exercise, during the period of a national 9 emergency, of any special or extraordinary power, the 10 President is authorized to declare such national emer- 11 gency. Such proclamation shall immediately be trans- 12 mitted to Congress and published in the Federal Register. 13 ‘‘(b) SPECIFICATION OF POWERS AND AUTHORI- 14 TIES.—The President shall specify, in the proclamation 15 declaring a national emergency under subsection (a) or in 16 one or more contemporaneous or subsequent Executive or- 17 ders published in the Federal Register and transmitted to 18 Congress, the provisions of law made available for use in 19 the event of an emergency pursuant to which the Presi- 20 dent proposes that the President, or another official, will 21 exercise emergency powers or authorities. 22 ‘‘(c) TERMINATION AFTER 72 HOURS UNLESS AP- 23 PROVED BY CONGRESS.— 24 ‘‘(1) IN GENERAL.—Except as provided in para- 25 graph (2), a national emergency declared under sub- 26 VerDate Sep 11 2014 02:29 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1809.IS S1809 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1809 IS section (a), and the exercise of emergency powers 1 and authorities pursuant to provisions of law de- 2 scribed in subsection (b), shall terminate at the time 3 specified in paragraph (3). 4 ‘‘(2) APPROVAL BY CONGRESS REQUIRED.—A 5 national emergency declared under subsection (a), 6 and the exercise of any emergency power or author- 7 ity pursuant to a provision of law described in sub- 8 section (b), may continue after the time specified in 9 paragraph (3) only if, before that time, there is en- 10 acted into law a joint resolution of approval pursu- 11 ant to subsection (f) approving— 12 ‘‘(A) the declaration of the emergency; and 13 ‘‘(B) the exercise of that power or author- 14 ity. 15 ‘‘(3) TIME SPECIFIED.—The time specified in 16 this paragraph is— 17 ‘‘(A) except as provided in subparagraph 18 (B), 72 hours after the President declares the 19 national emergency; or 20 ‘‘(B) if Congress is unable to convene dur- 21 ing the 72-hour period described in subpara- 22 graph (A), 72 hours after Congress first con- 23 venes after the declaration of the emergency. 24 VerDate Sep 11 2014 02:29 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1809.IS S1809 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1809 IS ‘‘(d) TERMINATION AFTER 90 DAYS UNLESS RE- 1 NEWED WITH CONGRESSIONAL APPROVAL.—A national 2 emergency declared under subsection (a) with respect to 3 which a joint resolution of approval is enacted under sub- 4 section (f), and the exercise of any emergency power or 5 authority pursuant to that emergency, shall terminate on 6 the date that is 90 days after the President declares the 7 emergency (or the emergency was previously renewed 8 under this subsection), unless, before the termination of 9 the emergency— 10 ‘‘(1) the President publishes in the Federal 11 Register and transmits to Congress an Executive 12 order— 13 ‘‘(A) renewing the emergency; and 14 ‘‘(B) specifying the provisions of law made 15 available for use in the event of an emergency 16 pursuant to which the President proposes that 17 the President, or another official, will exercise 18 emergency powers or authorities; and 19 ‘‘(2) there is enacted a joint resolution of ap- 20 proval with respect to— 21 ‘‘(A) the renewal of the emergency; and 22 ‘‘(B) the exercise of that power or author- 23 ity. 24 VerDate Sep 11 2014 02:29 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1809.IS S1809 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1809 IS ‘‘(e) PROHIBITION ON SUBSEQUENT ACTIONS IF 1 EMERGENCIES NOT APPROVED.— 2 ‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint 3 resolution of approval is not enacted pursuant to 4 subsection (f) with respect to a national emergency 5 declared under subsection (a) or proposed to be re- 6 newed under subsection (d), the President may not, 7 during the remainder of the term of office of that 8 President, declare a subsequent national emergency 9 under subsection (a) with respect to the same cir- 10 cumstances. 11 ‘‘(2) EXERCISE OF AUTHORITIES.—If a joint 12 resolution of approval is not enacted pursuant to 13 subsection (f) with respect to a power or authority 14 proposed by the President under subsection (b) to be 15 exercised with respect to a national emergency, the 16 President may not, during the remainder of the term 17 of office of that President, exercise that power or 18 authority with respect to that emergency. 19 ‘‘(f) JOINT RESOLUTIONS OF APPROVAL.— 20 ‘‘(1) JOINT RESOLUTION OF APPROVAL DE- 21 FINED.—For purposes of this section, the term 22 ‘joint resolution of approval’ means a joint resolution 23 that contains after its resolving clause— 24 ‘‘(A) a provision approving— 25 VerDate Sep 11 2014 02:29 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1809.IS S1809 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1809 IS ‘‘(i) a proclamation of a national 1 emergency made under subsection (a); 2 ‘‘(ii) an Executive order issued under 3 subsection (b) specifying the provisions of 4 law pursuant to which the President pro- 5 poses to exercise emergency powers or au- 6 thorities; or 7 ‘‘(iii) an Executive order issued under 8 subsection (d) renewing a national emer- 9 gency; and 10 ‘‘(B) a provision approving a list of all or 11 some of the provisions of law specified by the 12 President under subsection (b) and included in 13 the proclamation or Executive order, as the 14 case may be. 15 ‘‘(2) INTRODUCTION.—After the President 16 transmits to Congress a proclamation described in 17 clause (i) of paragraph (1)(A) or an Executive order 18 described in clause (ii) or (iii) of that paragraph, a 19 joint resolution of approval may be introduced in ei- 20 ther House of Congress by any Member of that 21 House. 22 ‘‘(3) COMMITTEE REFERRAL.—A joint resolu- 23 tion of approval shall be referred in each House of 24 Congress to the committee or committees having ju- 25 VerDate Sep 11 2014 02:29 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1809.IS S1809 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1809 IS risdiction over the emergency powers and authorities 1 invoked by the proclamation or Executive order that 2 is the subject of the joint resolution. 3 ‘‘(4) CONSIDERATION IN SENATE.— 4 ‘‘(A) REPORTING AND DISCHARGE.—If the 5 committee to which a joint resolution of ap- 6 proval has been referred has not reported it at 7 the end of 2 calendar days after its introduc- 8 tion, that committee shall be automatically dis- 9 charged from further consideration of the reso- 10 lution and it shall be placed on the calendar. 11 ‘‘(B) PROCEEDING TO CONSIDERATION.— 12 Notwithstanding Rule XXII of the Standing 13 Rules of the Senate, when the committee to 14 which a joint resolution of approval is referred 15 has reported the resolution, or when that com- 16 mittee is discharged under subparagraph (A) 17 from further consideration of the resolution, it 18 is at any time thereafter in order (even though 19 a previous motion to the same effect has been 20 disagreed to) for a motion to proceed to the 21 consideration of the joint resolution, and all 22 points of order against the joint resolution (and 23 against consideration of the joint resolution) 24 are waived. The motion to proceed is not debat- 25 VerDate Sep 11 2014 02:29 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1809.IS S1809 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1809 IS able. The motion is not subject to amendment, 1 or to a motion to postpone, or to a motion to 2 proceed to the consideration of other business. 3 ‘‘(C) AMENDMENTS.—No amendments 4 shall be in order with respect to a joint resolu- 5 tion of approval, except for amendments that 6 strike provisions from the list of provisions of 7 law required by paragraph (1)(B) or otherwise 8 narrow the scope of emergency powers and au- 9 thorities authorized to be exercised pursuant to 10 such provisions of law. 11 ‘‘(D) MOTION TO RECONSIDER FINAL 12 VOTE.—A motion to reconsider a vote on final 13 passage of a joint resolution of approval shall 14 not be in order. 15 ‘‘(E) APPEALS.—Points of order, including 16 questions of relevancy, and appeals from the de- 17 cision of the Presiding Officer, shall be decided 18 without debate. 19 ‘‘(5) CONSIDERATION IN HOUSE OF REP- 20 RESENTATIVES.—In the House of Representatives, if 21 any committee to which a joint resolution of ap- 22 proval has been referred has not reported it to the 23 House at the end of 2 calendar days after its intro- 24 duction, that committee shall be discharged from 25 VerDate Sep 11 2014 02:29 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1809.IS S1809 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1809 IS further consideration of the joint resolution, and the 1 resolution shall be placed on the appropriate cal- 2 endar. It shall be in order at any time for the 3 Speaker to recognize a Member who favors passage 4 of a joint resolution to call up that joint resolution 5 for immediate consideration in the House without 6 intervention of any point of order. When so called up 7 a joint resolution shall be considered as read and 8 shall be debatable for 1 hour equally divided and 9 controlled by the proponent and an opponent. It 10 shall not be in order to reconsider the vote on pas- 11 sage. 12 ‘‘(6) RECEIPT OF RESOLUTION FROM OTHER 13 HOUSE.—If, before passing a joint resolution of ap- 14 proval, one House receives a joint resolution of ap- 15 proval from the other House, then— 16 ‘‘(A) the joint resolution of the other 17 House shall not be referred to a committee and 18 shall be deemed to have been discharged from 19 committee on the day it is received; and 20 ‘‘(B) the procedures set forth in paragraph 21 (4) or (5), as applicable, shall apply in the re- 22 ceiving House to the joint resolution received 23 from the other House to the same extent as 24 VerDate Sep 11 2014 02:29 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1809.IS S1809 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1809 IS such procedures apply to a joint resolution of 1 the receiving House. 2 ‘‘(g) EFFECT OF LATER-ENACTED LAWS.—No law 3 enacted after the date of the enactment of this Act shall 4 supersede this title unless it does so in specific terms, re- 5 ferring to this title, and declaring that the new law super- 6 sedes the provisions of this title.’’. 7 (b) CONFORMING AMENDMENTS.—The National 8 Emergencies Act (50 U.S.C. 1601 et seq.) is amended— 9 (1) in section 202— 10 (A) in subsection (a)— 11 (i) in the matter preceding paragraph 12 (1), by striking ‘‘declared by the President 13 in accordance with this title’’ and inserting 14 ‘‘in effect under section 201’’; and 15 (ii) in the flush text, by striking ‘‘de- 16 clared by the President’’ and inserting ‘‘in 17 effect under section 201’’; 18 (B) in subsection (c), by striking para- 19 graph (5); and 20 (C) by amending subsection (d) to read as 21 follows: 22 ‘‘(d) Subsection (b) and section 201(f) are enacted 23 by Congress— 24 VerDate Sep 11 2014 02:29 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1809.IS S1809 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1809 IS ‘‘(1) as an exercise of the rulemaking power of 1 the Senate and the House of Representatives, re- 2 spectively, and as such they are deemed a part of 3 the rules of each House, respectively, but applicable 4 only with respect to the procedure to be followed in 5 the House in the case of resolutions described by 6 this title, and they supersede other rules only to the 7 extent that they are inconsistent therewith; and 8 ‘‘(2) with full recognition of the constitutional 9 right of either House to change the rules (so far as 10 relating to the procedure of that House) at any time, 11 in the same manner, and to the same extent as in 12 the case of any other rule of that House.’’; and 13 (2) by striking title III. 14 SEC. 3. REPEAL OF EMERGENCY AUTHORITY TO SUSPEND 15 TELECOMMUNICATIONS RULES AND REGULA- 16 TIONS. 17 Section 706 of the Communications Act of 1934 (47 18 U.S.C. 606) is amended by striking subsection (c). 19 SEC. 4. APPLICABILITY. 20 Except as provided in section 6(a), the amendments 21 made by this Act shall apply with respect to national emer- 22 gencies declared under section 201 of the National Emer- 23 gencies Act (50 U.S.C. 1621) on or after the date of the 24 enactment of this Act. 25 VerDate Sep 11 2014 02:29 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1809.IS S1809 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1809 IS SEC. 5. TERMINATION OF EXISTING EMERGENCY DECLARA- 1 TIONS. 2 Each national emergency declared under section 201 3 of the National Emergencies Act (50 U.S.C. 1621) before 4 the date of the enactment of this Act (other than a na- 5 tional emergency described in section 6(b)) shall terminate 6 on such date of enactment. 7 SEC. 6. NONAPPLICABILITY WITH RESPECT TO INTER- 8 NATIONAL EMERGENCY ECONOMIC POWERS 9 ACT. 10 (a) IN GENERAL.—In the case of a national emer- 11 gency declared on or after the date of the enactment of 12 this Act under which the President proposes to exercise 13 emergency powers and authorities p [Text truncated for display. Full text available on Congress.gov.]