Bowling Green Today

U.S. Senator Rand Paul (R-KY), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, has introduced the Reforming Emergency Powers to Uphold the Balances and Limitations Inherent in the Constitution (REPUBLIC) Act. This legislation aims to allow immediate presidential action during crises while requiring congressional review of emergency powers that could threaten constitutional principles.

“The REPUBLIC Act reins in the blank check of power presidents write themselves in the name of self-declared emergencies,” said Dr. Paul. “It does all this while preserving the president’s authority to act immediately to defend our nation in a real emergency.”

Under current law, the National Emergencies Act of 1976 permits the President to unilaterally determine when and how to exercise extraordinary powers. Once declared, these emergencies are rarely terminated; for example, the 1979 national emergency related to the Iranian hostage crisis remains in effect.

The REPUBLIC Act addresses concerns over certain emergency powers deemed contrary to a constitutional republic. One such power under the Communications Act of 1934 allows nearly unchallenged presidential authority over internet access, email surveillance, and control of various communication systems.

Key provisions of the REPUBLIC Act include:

- Allowing presidential exercise of emergency powers for 30 days before requiring congressional approval.

- Permitting Congress to renew emergencies for up to 90 days per renewal act.

- Prohibiting subsequent declarations on identical circumstances if not approved or renewed by Congress.

- Limiting any national emergency duration to five years.

- Providing expedited procedures for congressional joint resolutions of approval.

- Mandating presidential reports to Congress detailing emergency circumstances, estimated duration, intended actions, and actions taken within the preceding 90 days.

- Terminating presidential control over U.S. communications infrastructure under the Communications Act of 1934.

- Prohibiting sanctions on U.S. persons without due process under IEEPA.

- Requiring congressional approval before deploying force under the Insurrection Act.

- Mandating disclosure of Presidential Emergency Action Documents to Congress.

Further details on the REPUBLIC Act can be accessed [here](#).