Bowling Green Today

May 23, 2024

WASHINGTON, D.C. – U.S. Senator Rand Paul (R-KY), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee (HSGAC), has introduced the Reforming Emergency Powers to Uphold the Balances and Limitations Inherent in the Constitution (REPUBLIC) Act. The legislation aims to allow the President to take immediate action in crisis situations while requiring congressional review of presidential invocation of emergency powers.

“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, specifically the National Emergencies Act of 1976, the President can unilaterally determine when and how to exercise extraordinary powers not permitted during normal operations. Once declared, these emergencies are rarely terminated; for instance, the 1979 national emergency related to the Iranian hostage crisis remains in effect.

Some emergency powers are considered highly controversial. For example, under the Communications Act of 1934, the President has extensive authority over internet access, email surveillance, computer systems control, television and radio broadcasts, and cell phones. Additionally, secret Presidential Emergency Action Documents have previously authorized measures such as detaining "dangerous persons" within the United States and suspending habeas corpus during emergencies.

The REPUBLIC Act proposes several key changes:

- Allowing Presidents to exercise emergency powers for up to 30 days prior to congressional approval.

- Permitting Congress to renew emergencies for a maximum of 90 days through an Act of Congress.

- Prohibiting Presidents from issuing subsequent declarations or exercising emergency powers regarding the same circumstances if a national emergency is not approved or renewed.

- Limiting any national emergency's duration to five years.

- Providing expedited procedures in each House of Congress for considering joint resolutions of approval.

- Requiring Presidents to report to Congress on circumstances necessitating an emergency declaration, its estimated duration, actions intended by the President, and actions taken in the preceding 90-day period.

- Terminating Presidential control over U.S. communications infrastructure pursuant to the Communications Act of 1934.

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

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

- Mandating disclosure of Presidential Emergency Action Documents to Congress.

Further details about this legislative proposal can be found [here](https://www.paul.senate.gov).

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