[Senate Report 118-316]
[From the U.S. Government Publishing Office]
Calendar No. 736
118th Congress } { Report
SENATE
2d Session } { 118-316
_______________________________________________________________________
REFORMING EMERGENCY POWERS TO
UPHOLD THE BALANCES AND LIMITATIONS
INHERENT IN THE CONSTITUTION
(REPUBLIC) ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 4373
TO PROVIDE FOR CONGRESSIONAL APPROVAL OF
NATIONAL EMERGENCY DECLARATIONS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 19 (legislative day, December 16), 2024.--Ordered to be
printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
ADAM SCHIFF, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Lena C. Chang, Director of Governmental Affairs
James F. Hiebert, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 736
118th Congress } { Report
SENATE
2d Session } { 118-316
======================================================================
REFORMING EMERGENCY POWERS TO UPHOLD THE
BALANCES AND LIMITATIONS INHERENT IN THE CON-
STITUTION (REPUBLIC) ACT
_______
December 19 (legislative day, December 16), 2024.--Ordered to be
printed
_______
Mr. Peters, from the Committee on Homeland Security and
Governmental Affairs, submitted the following
R E P O R T
[To accompany S. 4373]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 4373) to provide
for congressional approval of national emergency declarations,
having considered the same, reports favorably thereon with an
amendment, in the nature of a substitute, and recommends that
the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................6
IV. Section-by-Section Analysis of the Bill, as Reported.............7
V. Evaluation of Regulatory Impact..................................9
VI. Congressional Budget Office Cost Estimate........................9
VII. Changes in Existing Law Made by the Bill, as Reported...........12
I. Purpose and Summary
S. 4373, the Reforming Emergency Powers to Uphold the
Balances and Limitations Inherent in the Constitution
(REPUBLIC) Act, would require presidential emergency
declarations under the National Emergencies Act to be approved
by Congress. The bill also makes reforms to other emergency
powers, including requiring due process protections for United
States nationals who are the subject of sanctions; prohibiting
the use of sanctions to implement tariffs; repealing sections
of the Communications Act of 1934; and requiring disclosure of
Presidential Emergency Action Documents.
II. Background and Need for the Legislation
Presidential emergency powers can be important in true
times of need, but they lack sufficient congressional checks to
prevent their abuse. The Constitution provides no explicit
powers for the President to act during an emergency, which has
led to Congress passing a patchwork of over 140 statutes
providing various presidential authorities to respond to
emergencies.\1\
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\1\The Supreme Court has consistently held that the President does
not have broad constitutional emergency powers. Youngstown Sheet & Tube
Co. v. Sawyer, 343 U.S. 579, 643-44 (1952) (holding that the
Constitution does not allow the President to seize private property
during a war to resolve a strike). However, the Court has held that the
President may have some limited power to conduct emergency foreign
policy, like responding to a foreign attack. United States v. Curtiss-
Wright Export Corp., 299 U.S. 304, 319 (1936) (holding that the
President is the ``sole organ of the federal government in the field of
international relations'').
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Congress has also recognized that statutory emergency
powers could be misused by a President who seeks to act
unilaterally without the consent of Congress. In 1976, Congress
passed the National Emergencies Act (NEA) to place a check on
executive emergency powers.\2\ This was in response to a report
from the Senate Special Committee on National Emergencies and
Delegated Emergency Powers, which revealed that the President
had access to over 450 emergency powers and had been using
emergency authorities without check for over 30 years.\3\ The
NEA provided a mechanism for Congress to quickly end an
emergency and check the President's power: under expedited
parliamentary procedures, the House and Senate could pass a
concurrent resolution of disapproval to immediately end a
national emergency.\4\ The NEA also required annual reviews of
emergency powers.\5\
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\2\Pub. L. No. 94-412 (1976).
\3\Special Committee on National Emergencies and Delegated
Emergency Powers, Final Report (May 1976) (S. Rept. 94-922).
\4\Pub. L. No. 94-412 (1976), Sec. 201.
\5\Pub. L. No. 94-412 (1976), Sec. 401.
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The expedited congressional procedures originally provided
under the NEA were weakened by the 1983 Supreme Court decision
in INS v. Chadha.\6\ In Chadha, the Court held that
``legislative vetoes,'' like the concurrent resolution of
disapproval, were unconstitutional because the President is not
given the chance to sign the resolution. In response to Chadha,
Congress amended the NEA in 1985 to allow Congress to pass a
joint resolution which requires Presidential signature to end
an emergency, rather than a concurrent resolution.\7\ Under the
amended NEA, the President could declare an emergency and
subsequently veto any congressional efforts to end it,
effectively raising the threshold for votes needed to end an
emergency from a simple majority to a veto-proof two-third
majority.
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\6\Immigration and Naturalization Service v. Chadha, 462 U.S. 919
(1983).
\7\Pub. L. No. 99-93 (1985).
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The risks of not constraining emergency powers are
significant because the emergency powers available to the
President under the NEA are potentially sweeping. The Brennan
Center for Justice has identified 148 statutory authorities the
President can use during an emergency pursuant to the NEA.\8\
For example, they include: removing biological or chemical
agent testing bans on human subjects; closing borders and
expelling foreigners; taking over communications channels; and
controlling the domestic transportation network.\9\
Additionally, the President uses emergency declarations to
implement international sanctions under the International
Emergency Economic Powers Act (IEEPA).\10\
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\8\Brennan Center for Justice, Trump's Hidden Powers (Updated:
September 4, 2019) (https://www.brennancenter.org/our-work/analysis-
opinion/trumps-hidden-powers).
\9\50 U.S.C. Sec. 1515; 19 U.S.C. Sec. 1318; 47 U.S.C. Sec. 606(c);
46 U.S.C. Sec. 56301.
\10\50 U.S.C. 1702(a).
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In practice, most historical uses of emergency powers under
the NEA have been relatively uncontroversial. The Brennan
Center's research indicates that nearly 70% of emergency powers
available to the President have never been invoked.\11\ Of the
43 emergencies currently in effect and renewed annually by the
President, 40 emergencies are related to IEEPA sanctions.\12\
The three remaining non-IEEPA emergencies are related to Cuban
vessels, the September 11 terrorist attacks, and Russian-
affiliated vessels.\13\ These emergencies were originally
issued in 1996, 2001, and 2022, respectively, and have not
drawn the same level of scrutiny as more recent uses of
presidential emergency powers.
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\11\Trump's Hidden Powers, supra note 6.
\12\Brennan Center for Justice, Declared National Emergencies Under
the National Emergencies Act (Updated: May 9, 2024) (https://
www.brennancenter.org/our-work/research-reports/declared-national-
emergencies-under-national-emergencies-act).
\13\Executive Office of the President, Continuation of the National
Emergency With Respect to Certain Terrorist Attacks, 89 Fed. Reg. 74101
(Sep. 9, 2024); Executive Office of the President, Continuation of the
National Emergency With Respect to Cuba and of the Emergency Authority
Relating to the Regulation of the Anchorage and Movement of Vessels, 89
Fed. Reg. 03937 (Feb. 21, 2024); Executive Office of the President,
Continuation of the National Emergency and of the Emergency Authority
Relating to the Regulation of the Anchorage and Movement of Russian-
Affiliated Vessels to United States Ports, 89 Fed. Reg. 27649 (Apr. 16,
2024).
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However, recent unprecedented uses of emergency power
highlight the risks for abuse of emergency powers under the
NEA. In 2019, President Trump declared an emergency at the
southern border in order to reallocate funds, originally
authorized for construction of new military projects, to build
the border wall.\14\ Congress had previously declined to
appropriate the funds.\15\ The House and Senate later passed a
joint resolution to end the border emergency, but President
Trump vetoed the resolution and continued efforts to build
sections of the wall.\16\ Ultimately, the U.S. Court of Appeals
for the Ninth Circuit upheld a permanent injunction against the
use of emergency powers to fund construction of the border
wall.\17\
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\14\Congressional Research Service, Can the Department of Defense
Build the Border Wall? (LSB10242) (February 18, 2019).
\15\Congressional Research Service, Funding U.S.-Mexico Border
Barrier Construction: Current Issues (April 7, 2021) (https://
crsreports.congress.gov/product/pdf/IN/IN11193).
\16\S.J. Res. 54, 118th Congr., 1st Sess. (2019).
\17\Sierra Club v. Trump, 929 F.3d 670, 715 (9th Cir. 2019).
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Critics of presidential emergency powers also point to the
Secretary of Education Miguel Cardona's decision to cancel
student debt for people who were harmed during the COVID-19
emergency as an overly expansive use of emergency powers.\18\
The Supreme Court later blocked this action, under the finding
that while the Secretary has the authority to modify loans
during an emergency, Congress did not intend to grant the
Secretary the authority to fully cancel loans.\19\
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\18\Brennan Center for Justice, Biden Used `Emergency Powers' to
Forgive Student Debt? That's a Slippery Slope (Sep 8, 2022) (https://
www.brennancenter.org/our-work/analysis-opinion/biden-used-emergency-
powers-forgive-student-debt-thats-slippery-slope).
\19\Biden v. Nebraska, 600 U.S. 477 (2023).
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Separately, Congress has recently asserted its power over
the national emergency relating to the COVID-19 pandemic. In
May of 2023, Congress passed a joint resolution to end the
emergency, which the President signed.\20\
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\20\H.J. Res. 7, 118th Congr., 1st Sess. (2023).
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The REPUBLIC Act strengthens Congress's role in checking
the President's use of emergency powers by amending the NEA to
require that Congress approve, rather than disapprove, each
emergency declaration via a joint resolution. The bill permits
the President to declare a national emergency, and then gives
Congress 30 days to approve the emergency use of powers for up
to one year, when it can be subsequently reapproved by
Congress. The bill allows expedited parliamentary procedures
for Congress to approve emergencies, including provisions that
limit debate in the Senate and allow for discharge from
committees.
The bill also makes specific reforms to emergency powers,
including to IEEPA. Congress enacted IEEPA to place checks on
the President's existing sanctions powers in response to a 1977
report required under the National Emergencies Act.\21\ IEEPA
put in place heightened reporting requirements and subjected
sanctions to Congressional disapproval procedures under the
National Emergencies Act. Despite these reforms, the risk of a
President potentially misusing sanction powers remains because
of the broad authorities to ``regulate'' a wide range of
financial transactions under the IEEPA statute.\22\
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\21\Congressional Research Service, The International Emergency
Economic Powers Act: Origins, Evolution, and Use (Mar 25, 2022).
\22\Brennan Center for Justice, Checking the President's Sanctions
Powers (Jun 10, 2021) (https://www.brennancenter.org/our-work/policy-
solutions/checking-presidents-sanctions-powers).
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First, IEEPA can be potentially misused to target American
citizens in ways that jeopardize their due process rights.
IEEPA permits the President to broadly regulate the commerce of
persons subject to the jurisdiction of the United States.\23\
The targets of most IEEPA sanctions are foreign people and
entities, though currently seven United States nationals are
the targets of sanctions as designated by their listing on the
Office of Foreign Asset Control's (OFAC) Specially Designated
Sanctions List.\24\ While many of these are legitimate national
security targets, IEEPA powers have been misused against United
States citizens. Both United States persons and entities have
sued OFAC over violations of due process rights, including the
lack of notice and administrative appeal opportunities.\25\
This litigation has resulted in courts holding that OFAC
violated the due process of United States citizens. However,
the judicial opinions in IEEPA litigation have been limited to
the relevant courts, and there is no nationwide standard for
judicial due process before IEEPA is used to target United
States citizens with sanctions.\26\
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\23\50 U.S.C. 1702(a).
\24\Email from Anna Knight, Senior Advisor, Office of the Foreign
Asset Control, Department of Treasury, to Homeland Security and
Governmental Affairs Committee Staff (Jul. 19, 2024).
\25\A Post-9/11 American Nightmare, Salon.com (Sep 5, 2002)
(https://www.salon.com/2002/09/05/jama/); American Civil Liberties
Union, KindHearts for Charitable Humanitarian Development, Inc. v.
Geithner et al., (November 22, 2011) (https://www.aclu.org/cases/
kindhearts-charita ble-humanitarian-development-inc-v-geithner-et-al).
\26\Just Security, The Right Way to Reform the U.S. President's
International Emergency Powers (Mar. 26, 2020) (https://
www.justsecurity.org/69388/the-right-way-to-reform-the-u-s-presid ents-
international-emergency-powers/).
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The REPUBLIC Act reforms IEEPA by requiring that United
States nationals receive notice of a sanction imposed against
them, have an opportunity for administrative appeal, and are
only subject to the risk of property seizure if the government
obtains a warrant, and are able to seek judicial review of the
targeted sanction.
Second, an expansive application of IEEPA could possibly be
broadly used to place tariffs or quotas on trade with other
countries, far outpacing IEEPA's traditional and accepted use
as a tool to implement sanctions. In 1971, President Nixon used
the precursor legislative tool to IEEPA, the Trading with the
Enemies Act (TWEA), to place a ten percent ad valorem
supplemental duty on imported goods.\27\ The United States
Court of Customs and Patent Appeals held in United States v.
Yoshida International that the TWEA tariffs were legal because
they ``bore an eminently reasonable relationship to the
emergency confronted.''\28\ In testimony before the House
Committee on International Relations, Andreas F. Lowenfeld, a
scholar of international economic law said that he found the
Court of Customs and Patent Appeals reasoning in Yoshida
legally ``thin'' and recommended Congress reform TWEA to
prohibit its use as sanction power.\29\
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\27\Congressional Research Service, The International Emergency
Economic Powers Act (IEEPA) and Tariffs: Historical Background and Key
Issues (IN11129) (Jun 24, 2019).
\28\United States v. Yoshida Int'l, Inc., 526 F.2d 560, 571
(C.C.P.A. 1975).
\29\House Subcommittee on International Economic Policy and Trade,
Hearings Before the Subcommittee on International Economic Policy and
Trade of the Committee on International Relations and Markup of the
Trading with the Enemy Reform Legislation (Mar 29, 1977) (H. Hrg. 89-
711).
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Congress ultimately reformed TWEA in IEEPA in 1977 by
allowing Congress to disapprove of such economic emergencies
under the NEA, but as noted above, the NEA has been effectively
weakened as a result of Chadha.\30\ While the bill does not
subject IEEPA sanctions to Congressional approval procedures,
it instead reforms IEEPA by prohibiting the use of IEEPA to put
in place tariffs and quotas.
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\30\Pub. L. No. 90-223 (1977).
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The bill also repeals the President's authorities to
suspend wired and wireless communications under the
Communications Act of 1934, codified at 47 U.S.C. 606(a)
through 47 U.S.C. 606(d). The 1934 Act recodified sections of
the Radio Act of 1912, and these authorities were last used
when President Wilson suspended certain radio and telegraph
communications during World War One.\31\ Despite their lack of
recent use, the powers remain available for use to shut down
broadcasters or internet service providers. Scholars of
telecommunication law have raised concerns that these
Communications Act powers could be used to shut down individual
broadcasters.\32\ The bill repeals these powers under the
rationale that they are unneeded and outdated given their lack
of recent use and enormous potential for abuse in ways that
threatens the free speech rights of Americans.
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\31\David W. Opderbeck, Does the Communications Act of 1934 Contain
a Hidden Internet Kill Switch?, Federal Communications Law Journal
(Jan, 2013).
\32\Brookings Institution, Donald Trump Has Threatened To Shut Down
Broadcasters, But Can He? (Oct. 29, 2024) (https://www.brookings.edu/
articles/donald-trump-has-threatened-to-shut-down-broadcasters-but-can-
he/).
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Finally, the bill requires the disclosure of presidential
emergency action documents (PEADs) to Congress. The President
prepares PEADs to plan for legal and policy options in case of
emergency events. Little is publicly known about these plans,
despite Congressional requests for information.\33\ Through
Freedom of Information Act and Mandatory Declassification
Review requests, the Brennan Center for Justice has identified
that the historical documents describing PEADs, many of which
raise concerns that the President might plan to push the limits
of their authority in times of emergency in ways that threaten
constitutional rights.\34\ Documents from the administrations
of President Kennedy, Johnson, and Nixon indicate that various
PEADs authorized the president to suspend habeas corpus, detain
``dangerous persons'' within the United States, censor news
media, and prevent international travel. Since that time, the
contents of PEADs are not known, though such plans were updated
during the Bush Administration and President Trump acknowledged
that such plans continue to exist.\35\
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\33\Trump's Emergency Powers Worry Some Senators, Legal Experts,
Associated Press (May 16, 2020) (https://apnews.com/article/
c596e78d503f953fc8acf1eaad1b4dea).
\34\Brennan Center for Justice, Presidential Emergency Action
Documents, (Sep. 27, 2024) (https://www.brennancenter.org/our-work/
research-reports/presidential-emergency-action-docume nts).
\35\Documents Shed Light on Secret U.S. Plans for Apocalyptic
Scenarios, New York Times (May 26, 2022) (https://www.nytimes.com/2022/
05/26/us/internet-president-emergency-orders .html).
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Given the serious nature of the contents of PEADs and their
inconsistent disclosure to Congress in the past, this bill
directs the President to makes PEADs available to Congress. The
procedural requirements for disclosure in the bill, including
the requirement that security clearances be made available to
staff, are meant to clearly indicate that the President take
all necessary steps to completely disclose such documents to
Congress.
III. Legislative History
Senator Rand Paul (R-KY) introduced S. 4373, the Reforming
Emergency Powers to Uphold the Balances and Limitations
Inherent in the Constitution (REPUBLIC) Act, on May 21, 2024.
The bill was referred to the Committee on Homeland Security and
Governmental Affairs.
The Committee considered S. 4373 at a business meeting on
September 18, 2024. At the business meeting, Senator Paul
offered a substitute amendment, and a modification to that
amendment. The Paul substitute amendment, as modified, adjusts
the duration for an emergency approved by Congress to last for
one year, removes the 5-year limitation on emergencies, and
allows for expedited consideration for emergency joint
resolutions of approval. The substitute, as modified, also
exempts emergencies declared subject to IEEPA from the new
approval scheme and instead provides for disapproval under the
current NEA process. The substitute, as modified also adds due
process protections for U.S. nationals that are the target of
the sanctions under IEEPA. Additionally, the substitute, as
modified, removed provisions related to the Insurrection Act.
The Committee adopted the modification to the Paul
amendment, and the Paul substitute amendment as modified, by
unanimous consent, with Senators Peters, Carper, Hassan,
Sinema, Rosen, Ossoff, Blumenthal, Butler, Paul, Lankford,
Romney, Scott, Hawley, and Marshall present. The bill, as
amended by the Paul amendment, as modified, was ordered
reported favorably by roll call vote of 13 yeas to 1 nay, with
Senators Peters, Carper, Hassan, Sinema, Rosen, Ossoff,
Blumenthal, Butler, Paul, Lankford, Romney, Scott, and Marshall
voting in the affirmative, and with Senator Hawley voting in
the negative. Senator Johnson voted yea by proxy, for the
record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title; table of contents
This section establishes the short title of the bill as the
Reforming Emergency Powers to Uphold the Balances and
Limitations Inherent in the Constitution (REPUBLIC) Act. It
also provides a table of contents for this Act.
TITLE I--CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES
Section 101. Congressional review of national emergencies
Adds new sections 201 (``Declarations of National
Emergencies''), 202 (``Effective Periods of National
Emergencies''), 203 (``Review by Congress of National
Emergencies''), and 204 (``Applicability'').
Section 201 authorizes the President to declare national
emergencies by proclamation and publish them in the Federal
Register, and to specify the provisions of law to be exercised.
This is similar to current law. This section also prohibits
subsequent emergency declarations or corresponding exercise of
authorities for the remainder of the President's term of office
with ``respect to the same circumstances'' if a joint
resolution of approval is not enacted by Congress.
Section 202 limits the effective period of a national
emergency declaration and exercise of associated authorities to
30 days unless a joint resolution of approval is enacted. If
Congress is physically unable to convene as the result of an
emergency, the 30-day period begins on the first day Congress
convenes following the emergency. A congressionally approved
national emergency will terminate 30 days after the President
transmitted the proclamation to Congress, unless the President
issues an EO renewing the emergency, and a joint resolution is
enacted to renew it prior to termination.
Section 203 defines `joint resolution of approval' and
clarifies procedures for their consideration. A resolution can
be introduced in either chamber and will be referred to the
committees having jurisdiction over the emergency authorities
invoked. In the Senate, joint resolutions are discharged
following 10 days if the committee has not acted. All points of
order are waived and the motion to proceed is subject to 4
hours of debate, equally divided. Floor debate is limited to 10
hours. The motion is not subject to amendment or motions to
postpone, to proceed to consideration of other business, or to
reconsider final vote. In the House, the same 10-day discharge
rule applies, and similar rules govern floor consideration.
Enactment of a joint resolution shall not be interpreted as a
grant or modification of statutory emergency authorities of the
President.
Section 204 clarifies that the emergency procedures
described in this title do not apply to IEEPA sanctions.
Section 102. Reporting requirements
Amends section 401 of the National Emergencies Act (50
U.S.C. 1641) to require additional reports on emergencies.
Alongside any emergency proclamation, the President must
transmit a report including a description of the emergency
circumstances, the estimated national emergency duration, and a
summary of actions the President intends to take, including any
reprogramming or transfer of funds. The President shall issue
periodic reports every 6 months for the duration of the
emergency.
Section 103. Exclusion of certain national emergencies invoking
International Emergency Economic Powers Act
Amends the National Emergencies Act (50 17 U.S.C. 1601 et
seq.) to apply to the existing expedited Congressional
disapproval procedures to emergency declarations that only
invoke powers under IEEPA. The section also transfers section
201, 202, and 301 to be new sections 601, 602, and 603.
Section 104. Conforming amendments
This section repeals title III of the National Emergencies
Act (50 U.S.C. 1631), which requires the President to specify
the powers or authorities made available by the declaration
they intend to use. This section also updates a reference in
IEEPA to reflect that emergencies are disapproved with ``joint
resolutions''.
Section 105. Effective date; applicability
This section sets the effective date as the date of
enactment of the Act. National emergencies declared on or after
that date will be subject to the provisions of the Act.
Existing emergencies at the time of enactment will be subject
to the new requirements for renewal under this Act.
TITLE II--LIMITATIONS ON EMERGENCY AUTHORITIES
Section 201. Protections for United States persons with respect to use
of authorities under International Emergency Economic Powers
Act
This section amends IEEPA (50 U.S.C. 1701 et seq.) to
include the following sections.
Section 203A(a)(1) requires that in general the
President must follow the processes in this section
when targeting a U.S. person with sanctions.
Section 203A(a)(2) requires that before the President
can target a U.S. person with sanctions that they must
issue a general license that the person has access to
the necessities of life.
Section 203A(a)(3) requires that any targeted U.S.
person receive certain due process rights, including
notice of being targeted by sanctions, description of
the basis of the reasoning for sanctions, and notice of
an opportunity to request administrative review. The
section clarifies that failure to comply with the
review violates the Administrative Procedure Act.
Section 203A(b) prohibits the President from seizing
a targeted U.S. person's property without obtaining a
warrant, unless there are emergency circumstances.
Section 203A(c) allows a targeted U.S. person to seek
judicial review and describes the conduct of review of
litigation.
Section 203A(d) defines a U.S. person to include a
United States national or an entity organized in the
United States and owned more than 50 percent by United
States nationals.
Section 202. Exclusion of authority to impose duties and import quotas
from International Emergency Economic Powers Act
This section amends Section 203 of IEEPA by prohibiting the
President from using IEEPA authorities to impose duties,
tariff-rate quotas, or other quotas on trade entering the
United States.
Section 203. Presidential war powers under Communications Act of 1934
This section strikes subsection (c) through (g) of 47
U.S.C. 606, which in a time of emergency or interest of
national security, permit the President to suspend or amend any
rules or regulations for any or all stations and devices
capable of emitting electromagnetic radiation within the U.S.
and wire communications, or seize them for government use. The
struck provisions also require just compensation for the use or
control of communications equipment, clarify the application of
state taxation or regulation, and limit the ability of the
President to make rules or regulations which the FCC would not
be authorized by law to make. It also has a technical amendment
to 47 U.S.C. 309(h).
Section 204. Disclosure to Congress of Presidential Emergency Action
Documents
Subsection (a) requires the submission of Presidential
Emergency Action Documents (PEADs) to Congress no later than 3
days after they are approved or adopted.
Subsection (b) requires submission of existing PEADs no
later than 15 days after the enactment of the Act.
Subsection (c) grants HSGAC and House COA jurisdiction and
the ability to access any and all PEADs and requires staff to
be given the requisite security clearances to access PEADs.
Subsection (d) provides definitions for ``appropriate
congressional committees'', ``federal agency'' and
``presidential emergency action documents.''
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
The Congressional Budget Act of 1974 requires the
Congressional Budget Office, to the extent practicable, to
prepare estimates of the budgetary effects of legislation
ordered reported by Congressional authorizing committees. In
order to provide the Congress with as much information as
possible, the attached table summarizes information about the
estimated direct spending and revenue effects of some of the
legislation that has been ordered reported by the Senate
Committee on Homeland Security and Governmental Affairs during
the 118th Congress. The legislation listed in this table
generally would have small effects, if any, on direct spending
or revenues, CBO estimates. Where possible, the table also
provides information about the legislation's estimated effects
on spending subject to appropriation and on intergovernmental
and private-sector mandates as defined in the Unfunded Mandates
Reform Act.
ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pay-as-you-
Last Budget Direct spending, Revenues, 2025- Spending subject go Budgetary
Bill number Title Status action function 2025-2034 2034 to appropriation, procedures effects after Mandates Contact
2025-2029 apply? 2034
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S. 4373..... REPUBLIC Act....... Ordered reported... 09/18/24 800 Between -$500,000 Between -$500,000 Not Estimated Yes Insignificant No Emma Uebelhor
and zero and zero
S. 4373 would amend the National Emergencies Act to limit the duration of national emergencies declared by the President to 30 days unless the Congress subsequently approves or
extends the declaration. The bill also would require the President to report to the Congress periodically on the need for and status of declared emergencies. CBO cannot predict
the number or timing of future declarations but expects that most would be approved by the Congress. Under S. 4373 emergency declarations could have a shorter duration than
under current law. If that happens, direct spending related to such emergencies would decline; however, because CBO expects that the Congress would approve most declarations, we
estimate that any reduction in direct spending would be insignificant. S. 4373 also would extend protections to U.S. persons who may face sanctions for contributing to a
national emergency declared under the International Emergency Economic Powers Act. If enacting the protections in S. 4373 leads the Administration to impose fewer sanctions,
revenues from sanctions penalties, and direct spending of those penalties, would decline. CBO estimates that any reduction in direct spending or revenues would be insignificant.
CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded
Mandates Reform Act.
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VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
* * * * * * *
NATIONAL EMERGENCIES ACT
* * * * * * *
[TITLE II--DECLARATIONS OF FUTURE
NATIONAL EMERGENCIES] TITLE II--
DECLARATIONS OF FUTURE NA-
TIONAL EMERGENCIES
* * * * * * *
[SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.]
[(a) 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 the Congress and published in the
Federal Register.]
[(b) Any provisions of law conferring powers and
authorities to be exercised during a national emergency shall
be effective and remain in effect (1) only when the President
(in accordance with subsection (a) of this section),
specifically declares a national emergency, and (2) only in
accordance with this Act. No law enacted after the date of
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. 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) Any national emergency declared by the President in
accordance with this title shall terminate if--]
[(1) there is enacted into law a joint resolution
terminating the emergency; or]
[(2) the President issues a proclamation terminating
the emergency.]
[Any national emergency declared by the President shall be
terminated on the date specified in any joint resolution
referred to in clause (1) or on the date specified in a
proclamation by the President terminating the emergency as
provided in clause (2) of this subsection, whichever date is
earlier, and any powers or authorities exercised by reason of
said emergency shall cease to be exercised after such specified
date, except that such termination shall not affect--]
[(A) any action taken or proceeding pending
not finally concluded or determined on such
date;]
[(B) any action or proceeding based on any
act committed prior to such date; or]
[(C) any rights or duties that matured or
penalties that were incurred prior to such
date.]
[(b) Not later than six months after a national emergency
is declared, and not later than the end of each six-month
period thereafter that such emergency continues, each House of
Congress shall meet to consider a vote on a joint resolution to
determine whether that emergency shall be terminated.]
[(c)(1) A joint resolution to terminate a national
emergency declared by the President shall be referred to the
appropriate committee of the House of Representatives or the
Senate, as the case may be. One such joint resolution shall be
reported out by such committee together with its
recommendations within fifteen calendar days after the day on
which such resolution is referred to such committee, unless
such House shall otherwise determine by the yeas and nays.]
[(2) Any joint resolution so reported shall become the
pending business of the House in question (in the case of the
Senate the time for debate shall be equally divided between the
proponents and the opponents) and shall be voted on within
three calendar days after the day on which such resolution is
reported, unless such House shall otherwise determine by yeas
and nays.]
[(3) Such a joint resolution passed by one House shall be
referred to the appropriate committee of the other House and
shall be reported out by such committee together with its
recommendations within fifteen calendar days after the day on
which such resolution is referred to such committee and shall
thereupon become the pending business of such House and shall
be voted upon within three calendar days after the day on which
such resolution is reported, unless such House shall otherwise
determine by yeas and nays.]
[(4) In the case of any disagreement between the two Houses
of Congress with respect to a joint resolution passed by both
Houses, conferees shall be promptly appointed and the committee
of conference shall make and file a report with respect to such
joint resolution within six calendar days after the day on
which managers on the part of the Senate and the House have
been appointed. Notwithstanding any rule in either House
concerning the printing of conference reports or concerning any
delay in the consideration of such reports, such report shall
be acted on by both Houses not later than six calendar days
after the conference report is filed in the House in which such
report is filed first. In the event the conferees are unable to
agree within forty-eight hours, they shall report back to their
respective Houses in disagreement.]
[(5) Paragraphs (1)-(4) of this subsection, subsection (b)
of this section, and section 502(b) of this Act are enacted by
Congress--]
[(A) 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 subsection; and
they supersede other rules only to the extent that they
are inconsistent therewith; and]
[(B) 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.]
[(d) Any national emergency declared by the President in
accordance with this title, and not otherwise previously
terminated, shall terminate on the anniversary of the
declaration of that emergency if, within the ninety-day period
prior to each anniversary date, the President does not publish
in the Federal Register and transmit to the Congress a notice
stating that such emergency is to continue in effect after such
anniversary.]
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 a period of 30
calendar 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 such
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 a period of 30 calendar 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 such 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 one year 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) In general.--Any national emergency declared by
the President under section 201(a) shall terminate on
the earliest of--
(A) the date provided for in subsection (a);
(B) the date provided for in subsection (b);
(C) the date specified in an Act of Congress
terminating the emergency; or
(D) the date specified in a proclamation of
the President terminating the emergency.
(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 pursuant to authorities
provided as a result of 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 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) 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) Floor consideration.--A joint resolution
of approval shall be subject to 10 hours of
consideration, to be divided evenly between the
proponents and opponents of the resolution.
(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 of approval.
(E) Motion to reconsider final vote.--A
motion to reconsider a vote on passage of a
joint resolution of approval shall not be in
order.
(F) Appeals.--Points of order, including
questions of relevancy, and appeals from the
decision of the Presiding Officer, shall be
decided without debate.
(4) Consideration in house of representatives.--In
the House of Representatives, 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
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 the
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.
(5) 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) and (4), 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. 204. APPLICABILITY.
This title shall apply to a national emergency pursuant to
which the President proposes to exercise emergency powers or
authorities made available under any provision of law that is
not a provision of law described in section 604(a).
* * * * * * *
[TITLE III--EXERCISE OF EMERGENCY
POWERS AND AUTHORITIES]
* * * * * * *
[SEC. 301.]
[When the President declares a national emergency, no
powers or authorities made available by statute for use in the
event of an emergency shall be exercised unless and until the
President specifies the provisions of law under which he
proposes that he, or other officers will act. Such
specification may be made either in the declaration of a
national emergency, or by one or more contemporaneous or
subsequent Executive orders published in the Federal Register
and transmitted to the Congress.]
* * * * * * *
TITLE IV--ACCOUNTABILITY AND RE-
PORTING REQUIREMENTS OF THE
PRESIDENT
* * * * * * *
SEC. 401.
(a) When the President declares a national emergency, or
Congress declares war, the President shall be responsible for
maintaining a file and index of all significant orders of the
President, including Executive orders and proclamations, and
each Executive agency shall maintain a file and index of all
rules and regulations, issued during such emergency or war
issued pursuant to such declarations.
(b) All such significant orders of the President, including
Executive orders, and such rules and regulations shall be
transmitted to the Congress promptly under means to assure
confidentiality where appropriate.
(c) When the President declares a national emergency or
Congress declares war, the President shall transmit to
Congress, and make publicly available, within ninety days after
the end of each six-month period after such declarations, a
report on the total expenditures incurred by the United States
Government during such six-month period which are directly
attributable to the exercise of powers and authorities
conferred by such declaration. Not later than ninety days after
the termination of each such emergency or war, the President
shall transmit and make publicly available a final report, on
all such expenditures.
(d) Report on Emergencies.--The President shall transmit to
the entities described in subsection (g), 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) The total expenditures estimated to be incurred
by the United States Government during such six-month
period which are directly attributable to the exercise
of powers and authorities conferred by such
declaration.
(5) 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 one-year period,
including any reprogramming or transfer of funds, to
address the emergency.
(e) Provision of Information to Congress.--The President
shall provide to the entities described in subsection (g) such
other information as such entities 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 the entities
described in subsection (g) on the status of the emergency, the
total expenditures incurred by the United States Government,
and the actions the President or other officers have taken and
authorities the President and such officers have relied on in
addressing the emergency.
(g) Entities Described.--The entities described in this
subsection are--
(1) the Speaker of the House of Representatives;
(2) minority leader of the House of Representatives;
(3) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(4) the Committee on Homeland Security and
Governmental Affairs of the Senate.
* * * * * * *
TITLE VI--DECLARATIONS OF CERTAIN
EMERGENCIES INVOKING INTER-
NATIONAL EMERGENCY ECONOMIC
POWERS ACT
* * * * * * *
SEC. 601.
(a) 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 the Congress and published in the
Federal Register.
(b) Any provisions of law conferring powers and authorities
to be exercised during a national emergency shall be effective
and remain in effect (1) only when the President (in accordance
with subsection (a) of this section), specifically declares a
national emergency, and (2) only in accordance with this Act.
No law enacted after the date of 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. 602.
(a) Any national emergency declared by the President in
accordance with this title shall terminate if--
(1) there is enacted into law a joint resolution
terminating the emergency; or
(2) the President issues a proclamation terminating
the emergency.
Any national emergency declared by the President shall be
terminated on the date specified in any joint resolution
referred to in clause (1) or on the date specified in a
proclamation by the President terminating the emergency as
provided in clause (2) of this subsection, whichever date is
earlier, and any powers or authorities exercised by reason of
said emergency shall cease to be exercised after such specified
date, except that such termination shall not affect--
(A) any action taken or proceeding pending
not finally concluded or determined on such
date;
(B) any action or proceeding based on any act
committed prior to such date; or
(C) any rights or duties that matured or
penalties that were incurred prior to such
date.
(b) Not later than six months after a national emergency is
declared, and not later than the end of each six-month period
thereafter that such emergency continues, each House of
Congress shall meet to consider a vote on a joint resolution to
determine whether that emergency shall be terminated.
(c)(1) A joint resolution to terminate a national emergency
declared by the President shall be referred to the appropriate
committee of the House of Representatives or the Senate, as the
case may be. One such joint resolution shall be reported out by
such committee together with its recommendations within fifteen
calendar days after the day on which such resolution is
referred to such committee, unless such House shall otherwise
determine by the yeas and nays.
(2) Any joint resolution so reported shall become the
pending business of the House in question (in the case of the
Senate the time for debate shall be equally divided between the
proponents and the opponents) and shall be voted on within
three calendar days after the day on which such resolution is
reported, unless such House shall otherwise determine by yeas
and nays.
(3) Such a joint resolution passed by one House shall be
referred to the appropriate committee of the other House and
shall be reported out by such committee together with its
recommendations within fifteen calendar days after the day on
which such resolution is referred to such committee and shall
thereupon become the pending business of such House and shall
be voted upon within three calendar days after the day on which
such resolution is reported, unless such House shall otherwise
determine by yeas and nays.
(4) In the case of any disagreement between the two Houses
of Congress with respect to a joint resolution passed by both
Houses, conferees shall be promptly appointed and the committee
of conference shall make and file a report with respect to such
joint resolution within six calendar days after the day on
which managers on the part of the Senate and the House have
been appointed. Notwithstanding any rule in either House
concerning the printing of conference reports or concerning any
delay in the consideration of such reports, such report shall
be acted on by both Houses not later than six calendar days
after the conference report is filed in the House in which such
report is filed first. In the event the conferees are unable to
agree within forty-eight hours, they shall report back to their
respective Houses in disagreement.
(5) Paragraphs (1)-(4) of this subsection, subsection (b)
of this section, and section 502(b) of this Act are enacted by
Congress--
(A) 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 subsection; and
they supersede other rules only to the extent that they
are inconsistent therewith; and
(B) 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.
(d) Any national emergency declared by the President in
accordance with this title, and not otherwise previously
terminated, shall terminate on the anniversary of the
declaration of that emergency if, within the ninety-day period
prior to each anniversary date, the President does not publish
in the Federal Register and transmit to the Congress a notice
stating that such emergency is to continue in effect after such
anniversary.
SEC. 603.
When the President declares a national emergency, no powers
or authorities made available by statute for use in the event
of an emergency shall be exercised unless and until the
President specifies the provisions of law under which he
proposes that he, or other officers will act. Such
specification may be made either in the declaration of a
national emergency, or by one or more contemporaneous or
subsequent Executive orders published in the Federal Register
and transmitted to the Congress.
SEC. 604. APPLICABILITY.
(a) In General.--This title shall apply to a national
emergency pursuant to which the President proposes to exercise
emergency powers or authorities made available under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.).
(b) Effect of Additional Powers and Authorities.--This
title shall not apply to a national emergency or the exercise
of emergency powers and authorities pursuant to the national
emergency if, in addition to the exercise of emergency powers
and authorities described in subsection (a), the President
proposes to exercise, pursuant to the national emergency, any
emergency powers and authorities under any other provision of
law.
* * * * * * *
INTERNATIONAL EMERGENECY
ECONOMIC POWERS ACT
* * * * * * *
TITLE I--INTERNATIONAL EMERGENCY
ECONOMIC POWERS
* * * * * * *
SEC. 203. CONSULTATION AND REPORTS.
(a) * * *
(b) * * *
(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.
[(c)] (d)--Classified Information.--In any judicial review
of a determination made under this section, if the
determination was based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act)
such information may be submitted to the reviewing court ex
parte and in camera. This subsection does not confer or imply
any right to judicial review.
SEC. 203A. PROTECTIONS FOR UNITED STATES PERSONS.
(a) Limitations for Necessities.--
(1) In general.--Except as provided by paragraph (2)
and in accordance with this section, no authority
provided under section 203 may be exercised to target a
United States person.
(2) Exception for issuance of general licenses.--An
authority provided under section 203 may be exercised
to target a United States person if the President has,
before using the authority, issued a general license
that ensures that the United States person has
sufficient access to the necessities of life, including
food, nutritional support, water, shelter, clothing,
sanitation, medicine, health care and other vital
services, and gainful employment where necessary to
provide the United States person a means for
subsistence.
(3) Due process for united states persons.--
(A) In general.--When taking an action
pursuant to authority provided by section 203
to target a United States person, the President
shall--
(i) provide contemporaneous notice of
the action to the United States person;
(ii) not later than one week after
taking the action, provide the United
States person with the record on which
the decision to take the action was
based, including an unclassified
summary, or a redacted version, of any
classified information that provides
the United States person with
substantially the same ability to
respond to that information as the
classified information;
(iii) provide the United States
person with the opportunity to request
review of the decision and to submit
information in support of that request;
(iv) provide the United States person
with the opportunity for an
administrative hearing not later than
90 days after requesting a review under
clause (iii), unless the United States
person agrees to a longer period; and
(v) render a written decision on a
request for review under clause (iii)
not later than 90 days after the
hearing under clause (iv), or, if no
such hearing is requested, not later
than 90 days after the later of--
(I) the request for review;
or
(II) the submission of
information in support of that
request.
(B) Failure to render timely decision.--
Failure to render a decision within the time
frame specified in subparagraph (A)(v) shall be
considered an agency action for purposes of
section 702 of title 5, United States Code.
(b) Warrant for Seizure of Property of United States
Persons.--
(1) In general.--When taking an action pursuant to
authority provided by section 203 to target a United
States person, the President may not block or otherwise
prevent the access of the United States person to
property in which the United States person has an
ownership interest except pursuant to a warrant issued
using the procedures described in the Federal Rules of
Criminal Procedure (or, in the case of a court-martial
or other proceeding under the Uniform Code of Military
Justice (chapter 47 of title 10, United States Code),
issued under section 846 of title 10, United States
Code (article 46 of the Uniform Code of Military
Justice), in accordance with regulations prescribed by
the President) by a court of competent jurisdiction.
(2) Delayed warrants.--To the extent consistent with
the Fourth Amendment to the Constitution of the United
States, a court shall permit the temporary blocking of
property under section 203 without a warrant on an
emergency basis, or use other means lawfully available
to the court, to enable the Federal Government to
identify the property that is subject to blocking while
reducing the risk of property flight.
(c) Judicial Review.--
(1) In general.--A United States person that is the
target of an action taken by the President pursuant to
any authority provided under section 203 may bring an
action in a United States court of competent
jurisdiction, after exhaustion of any available
administrative remedies, to obtain judicial review of
the lawfulness of that action, including whether the
action was authorized by the Executive order or orders
specifying the measures to be taken under section 203
in response to a determination issued under section
202.
(2) Conduct of review.--In an action brought under
paragraph (1)--
(A) the review of the court shall be de novo;
(B) any party may introduce evidence not
included in the administrative record;
(C) any administrative record or portions
thereof may be entered into evidence, and
questions of authentication or hearsay shall
bear on the weight to be accorded the evidence
rather than its admissibility;
(D) classified information shall be handled
in accordance with the Classified Information
Procedures Act (18 U.S.C. App.), except that
references to the `defendant' in such Act shall
be deemed to apply to the plaintiff; and
(E) the court shall have the authority to
order injunctive relief, actual damages, and
attorneys' fees.
(3) Other means of review.--The availability of
judicial review under this subsection shall not
preclude other available means of judicial review,
including under section 702 of title 5, United States
Code, except that a person may not exercise the right
to judicial review under more than one provision of
law.
(d) United States Person Defined.--In this section, the
term `United States person' means--
(1) a United States national; or
(2) an entity--
(A) organized under the laws of the United
States or any jurisdiction within the United
States; and
(B) in which more than 50 percent of the controlling
interest is owned by a person described in paragraph
(1).
* * * * * * *
SEC. 207. SAVINGS PROVISIONS.
(a) * * *
(b) Congressional Termination of National Emergencies By
[Concurrent Resolution] Joint Resolution
The authorities described in subsection (a)(1) may not
continue to be exercised under this section if the national
emergency is terminated by the Congress by [concurrent
resolution] joint resolution pursuant to section 202 of the
National Emergencies Act and if the Congress specifies in such
[concurrent resolution] joint resolution that such authorities
may not continue to be exercised under this section.
* * * * * * *
COMMUNICATIONS ACT OF 1934
* * * * * * *
TITLE III--SPECIAL PROVISIONS
RELATING TO RADIO
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
SEC. 309. ACTION UPON APPLICATIONS; FORM OF AND CONDITIONS ATTACHED TO
LICENSES.
* * * * * * *
(h) Such station licenses as the Commission may grant shall
be in such general form as it may prescribe, but each license
shall contain, in addition to other provisions, a statement of
the following conditions to which such license shall be
subject: (1) The station license shall not vest in the licensee
any right to operate the station nor any right in the use of
the frequencies designated in the license beyond the term
thereof nor in any other manner than authorized therein; and
(2) neither the license nor the right granted thereunder shall
be assigned or otherwise transferred in violation of this [Act;
(3) every license issued under this Act shall be subject in
terms to the right of use or control conferred by section 706
of this Act.] Act.
* * * * * * *
TITLE VII--MISCELLANEOUS
PROVISIONS
* * * * * * *
SEC. 706. WAR EMERGENCY--POWERS OF PRESIDENT.
(a) * * *
(b) * * *
[(c) Upon proclamation by the President that there exists
war or a threat of war, or a state of public peril or disaster
or other national emergency, or in order to preserve the
neutrality of the United States, the President, if he deems it
necessary in the interest of national security or defense, may
suspend or amend, for such time as he may see fit, the rules
and regulations applicable to any or all stations or devices
capable of emitting electromagnetic radiations within the
jurisdiction of the United States as prescribed by the
Commission, and may cause the closing of any station for radio
communication, or any device capable of emitting
electromagnetic radiations between 10 kilocycles and 100,000
megacycles, which is suitable for use as a navigational aid
beyond five miles, and the removal therefrom of its apparatus
and equipment, or he may authorize the use or control of any
such station or device and/or its apparatus and equipment, by
any department of the Government under such regulations as he
may prescribe upon just compensation to the owners. The
authority granted to the President, under this subsection, to
cause the closing of any station or device and the removal
therefrom of its apparatus and equipment, or to authorize the
use or control of any station or device and/or its apparatus
and equipment, may be exercised in the Canal Zone.]
[(d) Upon proclamation by the President that there exists a
state or threat of war involving the United States, the
President, if he deems it necessary in the interest of the
national security and defense, may, during a period ending not
later than six months after the termination of such state or
threat of war and not later than such earlier date as the
Congress by concurrent resolution may designate, (1) suspend or
amend the rules and regulations applicable to any or all
facilities or stations for wire communication within the
jurisdiction of the United States as prescribed by the
Commission, (2) cause the closing of any facility or station
for wire communication and the removal therefrom of its
apparatus and equipment, or (3) authorize the use or control of
any such facility or station and its apparatus and equipment by
any department of the Government under such regulations as he
may prescribe, upon just compensation to the owners.]
[(e) The President shall ascertain the just compensation
for such use or control and certify the amount ascertained to
Congress for appropriation and payment to the person entitled
thereto. If the amount so certified is unsatisfactory to the
person entitled thereto, such person shall be paid only 75 per
centum of the amount and shall be entitled to sue the United
States to recover such further sums as added to such payment of
75 per centum will make such amount as will be just
compensation for the use and control. Such suit shall be
brought in the manner provided by paragraph 20 of section 24,
or by section 145, of the Judicial Code, as amended.]
[(f) Nothing in subsection (c) or (d) shall be construed to
amend, repeal, impair, or effect existing laws or powers of the
States in relation to taxation or the lawful police regulations
of the several States, except wherein such laws, powers, or
regulations may affect the transmission of Government
communications, or the issue of stocks and bonds by any
communication system or systems.]
[(g) Nothing in subsection (c) or (d) shall be construed to
authorize the President to make any amendment to the rules and
regulations of the Commission which the Commission would not be
authorized by law to make; and nothing in subsection (d) shall
be construed to authorize the President to take any action the
force and effect of which shall continue beyond the date after
which taking of such action would not have been authorized.]
[(h)] (c) Any person who willfully does or causes or
suffers to be done any act prohibited pursuant to the exercise
of the President's authority under this section, or who
willfully fails to do any act which he is required to do
pursuant to the exercise of the President's authority under
this section, or who willfully causes or suffers such failure,
shall, upon conviction thereof, be punished for such offense by
a fine of not more than $1,000 or by imprisonment for not more
than one year, or both, and, if a firm, partnership,
association, or corporation, by fine of not more than $5,000,
except that any person who commits such an offense with intent
to injure the United States, or with intent to secure an
advantage to any foreign nation, shall, upon conviction
thereof, be punished by a fine of not more than $20,000 or by
imprisonment for not more than 20 years, or both.
* * * * * * *
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