[Congressional Record Volume 165, Number 102 (Tuesday, June 18, 2019)]
[Senate]
[Pages S3714-S3715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 704. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __--Congressional Approval of National Emergencies
SEC. __01. SHORT TITLE.
This subtitle may be cited as the ``Reforming Emergency
Powers to Uphold the Balances and Limitations Inherent in the
Constitution Act'' or the ``REPUBLIC Act''.
SEC. __02. CONGRESSIONAL APPROVAL OF NATIONAL EMERGENCY
DECLARATIONS.
(a) In General.--Section 201 of the National Emergencies
Act (50 U.S.C. 1621) is amended to read as follows:
``SEC. 201. DECLARATION AND CONGRESSIONAL APPROVAL OF
NATIONAL EMERGENCIES.
``(a) In General.--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 national emergency.
Such proclamation shall immediately be transmitted to
Congress and published in the Federal Register.
``(b) Specification of Powers and Authorities.--The
President shall specify, in the proclamation declaring a
national emergency under subsection (a) or in one or more
contemporaneous or subsequent Executive orders published in
the Federal Register and transmitted to Congress, the
provisions of law made available for use in the event of an
emergency pursuant to which the President proposes that the
President, or another official, will exercise emergency
powers or authorities.
``(c) Termination After 72 Hours Unless Approved by
Congress.--
``(1) In general.--Except as provided in paragraph (2), a
national emergency declared under subsection (a), and the
exercise of emergency powers and authorities pursuant to
provisions of law described in subsection (b), shall
terminate at the time specified in paragraph (3).
``(2) Approval by congress required.--A national emergency
declared under subsection (a), and the exercise of any
emergency power or authority pursuant to a provision of law
described in subsection (b), may continue after the time
specified in paragraph (3) only if, before that time, there
is enacted into law a joint resolution of approval pursuant
to subsection (f) approving--
``(A) the declaration of the emergency; and
``(B) the exercise of that power or authority.
``(3) Time specified.--The time specified in this paragraph
is--
``(A) except as provided in subparagraph (B), 72 hours
after the President declares the national emergency; or
``(B) if Congress is unable to convene during the 72-hour
period described in subparagraph (A), 72 hours after Congress
first convenes after the declaration of the emergency.
``(d) Termination After 90 Days Unless Renewed With
Congressional Approval.--A national emergency declared under
subsection (a) with respect to which a joint resolution of
approval is enacted under subsection (f), and the exercise of
any emergency power or authority pursuant to that emergency,
shall terminate on the date that is 90 days after the
President declares the emergency (or the emergency was
previously renewed under this subsection), unless, before the
termination of the emergency--
``(1) the President publishes in the Federal Register and
transmits to Congress an Executive order--
``(A) renewing the emergency; and
``(B) specifying the provisions of law made available for
use in the event of an emergency pursuant to which the
President proposes that the President, or another official,
will exercise emergency powers or authorities; and
``(2) there is enacted a joint resolution of approval with
respect to--
``(A) the renewal of the emergency; and
``(B) the exercise of that power or authority.
``(e) Prohibition on Subsequent Actions if Emergencies Not
Approved.--
``(1) Subsequent declarations.--If a joint resolution of
approval is not enacted pursuant to subsection (f) with
respect to a national emergency declared under subsection (a)
or proposed to be renewed under subsection (d), 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 pursuant to subsection (f) with
respect to a power or authority proposed by the President
under subsection (b) to be exercised 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.
``(f) Joint Resolutions of Approval.--
``(1) Joint resolution of approval defined.--For purposes
of this section, the term `joint resolution of approval'
means a joint resolution that contains after its resolving
clause--
``(A) a provision approving--
``(i) a proclamation of a national emergency made under
subsection (a);
``(ii) an Executive order issued under subsection (b)
specifying the provisions of law pursuant to which the
President proposes to exercise emergency powers or
authorities; or
``(iii) an Executive order issued under subsection (d)
renewing a national emergency; and
``(B) a provision approving a list of all or some of the
provisions of law specified by the President under subsection
(b) and included in the proclamation or Executive order, as
the case may be.
``(2) Introduction.--After the President transmits to
Congress a proclamation described in clause (i) of paragraph
(1)(A) or an Executive order described in clause (ii) or
(iii) of that paragraph, a joint resolution of approval may
be introduced in either House of Congress by any Member of
that House.
``(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 powers
and authorities invoked by the proclamation or Executive
order that is the subject of the joint resolution.
``(4) Consideration in senate.--
``(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 2 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 not
debatable. 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.--No amendments shall be in order with
respect to a joint resolution of approval, except for
amendments that strike provisions from the list of provisions
of law required by paragraph (1)(B) or otherwise narrow the
scope of emergency powers and authorities authorized to be
exercised pursuant to such provisions of law.
``(D) Motion to reconsider final vote.--A motion to
reconsider a vote on final 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, if any committee to which a joint
resolution of approval has been referred has not reported it
to the House at the end of 2 calendar days after its
introduction, that committee shall be discharged from further
consideration of the joint resolution, and the resolution
shall be placed on the appropriate calendar. It shall be in
order at any time for the Speaker to recognize a Member who
favors passage of a joint resolution to call up that joint
resolution for immediate consideration in the House without
intervention of any point of order. When so called up a joint
resolution shall be considered as read and shall be debatable
for 1 hour equally divided and controlled by the proponent
and an opponent. It shall not be in order to reconsider the
vote on passage.
``(6) Receipt of resolution from other house.--If, before
passing a joint resolution of approval, one House receives 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 paragraph (4) or (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.
``(g) Effect of Later-enacted 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.''.
(b) Conforming Amendments.--The National Emergencies Act
(50 U.S.C. 1601 et seq.) is amended--
(1) in section 202--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``declared by the President in accordance with this title''
and inserting ``in effect under section 201''; and
[[Page S3715]]
(ii) in the flush text, by striking ``declared by the
President'' and inserting ``in effect under section 201'';
(B) in subsection (c), by striking paragraph (5); and
(C) by amending subsection (d) to read as follows:
``(d) Subsection (b) and section 201(f) are enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they are 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
resolutions described by this title, and they supersede other
rules only to the extent that they are inconsistent
therewith; 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.''.
(2) by striking title III.
SEC. __03. REPEAL OF EMERGENCY AUTHORITY TO SUSPEND
TELECOMMUNICATIONS RULES AND REGULATIONS.
Section 706 of the Communications Act of 1934 (47 U.S.C.
606) is amended by striking subsection (c).
SEC. __04. APPLICABILITY.
Except as provided in section __06(a), the amendments made
by this subtitle shall apply with respect to national
emergencies declared under section 201 of the National
Emergencies Act (50 U.S.C. 1621) on or after the date of the
enactment of this Act.
SEC. __05. TERMINATION OF EXISTING EMERGENCY DECLARATIONS.
Each national emergency declared under section 201 of the
National Emergencies Act (50 U.S.C. 1621) before the date of
the enactment of this Act (other than a national emergency
described in section __06(b)) shall terminate on such date of
enactment.
SEC. __06. NONAPPLICABILITY WITH RESPECT TO INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT.
(a) In General.--In the case of a national emergency
declared on or after the date of the enactment of this Act
under which the President proposes to exercise emergency
powers and authorities pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)--
(1) the amendments made by this subtitle shall not apply;
and
(2) the provisions of the National Emergencies Act, as in
effect on the day before such date of enactment, shall apply.
(b) Continuation in Effect of National Emergency
Declarations.--A national emergency declared before the date
of the enactment of this Act under which the President
exercises emergency powers and authorities pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) shall--
(1) continue in effect on and after such date of enactment;
and
(2) terminate in accordance with the provisions of the
National Emergencies Act, as in effect on the day before such
date of enactment.
______