Text of Senate Amendment 22

Text of Senate Amendment 22

Congressional Record, Volume 171 Issue 7 (Tuesday, January 14, 2025) [Congressional Record Volume 171, Number 7 (Tuesday, January 14, 2025)] [Senate] [Pages S142-S145] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 22. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: TITLE __--REPUBLIC ACT SEC. __01. SHORT TITLE. This title may be cited as the ``Reforming Emergency Powers to Uphold the Balances and Limitations Inherent in the Constitution Act'' or the ``REPUBLIC Act''. Subtitle A--Congressional Review of National Emergencies SEC. __11. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES. The National Emergencies Act (50 U.S.C. 1621 et seq.) is amended by inserting after title I the following: ``TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES ``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES. ``(a) Authority To Declare National Emergencies.--With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such a national emergency by proclamation. Such proclamation shall immediately be transmitted to Congress and published in the Federal Register. ``(b) Specification of Provisions of Law To Be Exercised.-- No powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the President specifies the provisions of law under which the President proposes that the President or other officers will act in-- ``(1) a proclamation declaring a national emergency under subsection (a); or ``(2) one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress. ``(c) Prohibition on Subsequent Actions if Emergencies Not Approved.-- ``(1) Subsequent declarations.--If a joint resolution of approval is not enacted under section 203 with respect to a national emergency before the expiration of the 30-day period described in section 202(a), or with respect to a national emergency proposed to be renewed under section 202(b), the President may not, during the remainder of the term of office of that President, declare a subsequent national emergency under subsection (a) with respect to the same circumstances. ``(2) Exercise of authorities.--If a joint resolution of approval is not enacted under section 203 with respect to a power or authority specified by the President in a proclamation under subsection (a) or an Executive order under subsection (b)(2) with respect to a national emergency, the President may not, during the remainder of the term of office of that President, exercise that power or authority with respect to that emergency. ``(d) Effect of Future Laws.--No law enacted after the date of the enactment of this Act shall supersede this title unless it does so in specific terms, referring to this title, and declaring that the new law supersedes the provisions of this title. ``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES. ``(a) Temporary Effective Periods.-- ``(1) In general.--A declaration of a national emergency shall remain in effect for 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); [[Page S143]] ``(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 considerati