,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hfei ,,in ,,the ,,house ,,of ,,representatives ,october #bc1 #bjbj,ms4 ,eshoo 7for herself and ,mr4 ,griffith7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,rules1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,communications ,act of #aicd to provide for requirements for the exercise of the emergency powers of the ,president under section #gjf of such ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,unwarranted ,communications ,shutdowns ,act of #bjbj4 #b4 ,requirements for exercise of certain emergency powers of the ,president 7a7 ,in general ,section #gjf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fjf7 is amended by adding at the end the following3 7i7 ,requirements for actions by ,president under this section 7#a7 ,standard for taking action ,the ,president may not take an action under subsection 7a71 7b71 7c71 or 7d7 unless such action is-- 7,a7 necessary to protect against an imminent and specific threat to human life or an imminent and specific threat to national security2 7,b7 narrowly tailored to achieve the purpose described in subparagraph 7,a72 and 7,c7 the least restrictive means to achieve such purpose4 7#b7 ,notification to congressional leaders and senior ,government officials 7,a7 ,in general ,before or not later than #ab hours after taking any action under subsection 7a71 7b71 7c71 or 7d71 the ,president shall transmit a notification with respect to such action that meets the requirements of subparagraph 7,b7 to each congressional leader and each senior ,government official4 7,b7 ,requirements ,the requirements of this subparagraph for a notification with respect to an action under subsection 7a71 7b71 7c71 or 7d7 are the following3 7i7 ,contents ,such notification shall contain the following3 7,i7 ,an identification of the war1 threat of war1 state of public peril1 disaster1 national emergency1 or other circumstance that is the basis for the ,president to take such action1 as required by the subsection under which the ,president has acted or wishes to act4 7,,ii7 ,a detailed description of such action1 including-- 7aa7 the geographic scope of such action2 7bb7 the types of communications networks impacted by such action2 and 7cc7 a list of each person to whom the ,president has transmitted a communication directing such person to comply with such action4 7,,iii7 ,the amount of time 7if any7 beyond the period of effectiveness provided in paragraph 7#c7 for which the ,president is requesting authorization to maintain such action4 7,,iv7 ,a justification1 with respect to such action and any amount of time stated under subclause 7,,iii71 of how the ,president reached the determination required for taking an action under such subsection 7including the determination that the requirements of paragraph 7#a7 of this subsection are met74 7ii7 ,form ,such notification shall be in writing4 ,with respect to each congressional leader and each senior ,government official1 the ,president shall first transmit such notification to such leader or official in either physical or electronic form1 whichever the ,president determines will result in quicker delivery to such leader or official4 ,the ,president shall transmit such notification to such leader or official in the other form as soon thereafter as possible1 but failure to transmit such notification in such other form shall not affect the validity of the action by the ,president to which such notification relates4 7iii7 ,timing 7,i7 ,congress 7aa7 ,in general ,the ,president shall transmit such notification in such a manner so as to ensure delivery to each congressional leader as close to simultaneously as practicable1 but the time between delivery to each congressional leader shall not be greater than #a hour4 7bb7 ,official time received2 publication ,each congressional leader shall record the official time of the chamber at receipt4 ,in the case of notification to a congressional leader in both physical and electronic form1 the time recorded shall be the time of receipt of the form that was received first4 ,each congressional leader shall1 immediately upon such receipt1 inform the ,clerk of the ,house or the ,secretary of the ,senate 7as the case may be7 of the time of receipt1 to be recorded and published by the ,clerk or ,secretary4 7cc7 #dh-;hour period defined ,in this subsection1 the term #dh-;hour period means the #dh-;hour period that begins at the third earliest of the #d times recorded under item 7bb71 including any extension of such period under paragraph 7#d77;,d7 and excluding any period disregarded under paragraph 7#d77;,c77v74 7,,ii7 ,senior ,government officials ,the ,president shall transmit such notification in such a manner so as to ensure delivery to each senior ,government official not more than #a hour after the third earliest of the #d times recorded under subclause 7,i77bb74 7,c7 ,public availability 7i7 ,presumptively public ,except as provided in clause 7ii71 the ,president shall publicly release a notification transmitted under subparagraph 7,a7 at the time when the #dh-;hour period begins4 7ii7 ,temporary withholding and release 7,i7 ,withholding ,the ,president may withhold from public release under clause 7i7 a portion of a notification transmitted under subparagraph 7,a7 only to the extent that the ,president determines that-- 7aa7 secrecy of such portion is necessary to protect against an imminent and specific threat to human life2 or 7bb7 such portion contains classified information4 7,,ii7 ,release ,notwithstanding any provision of law or ,executive order regarding the protection of classified information1 any portion of a notification transmitted under subparagraph 7,a7 that is withheld under subclause 7,i7 shall be publicly released not later than #ahj days after-- 7aa7 if there is not enacted a law authorizing the action by the ,president under subsection 7a71 7b71 7c71 or 7d7 to which such notification relates to take effect or to be extended 7as the case may be71 the date on which the #dh-;hour period begins2 or 7bb7 if there is enacted such a law1 the date on which such action ceases to have any force or effect under such law 7or any subsequent law authorizing such action to be extended74 7,d7 ,independent analysis ,consistent with the protection of intelligence sources and methods1 each ,commissioner of the ,commission may transmit to ,congress an independent analysis regarding any matter included in a notification transmitted by the ,president under subparagraph 7,a7 or related judgments of the ,president or facts supplied by the ,president4 7#c7 ,effectiveness of action ,unless there is enacted a law authorizing an action by the ,president under subsection 7a71 7b71 7c71 or 7d7 to take effect or to be extended 7as the case may be7-- 7,a7 if the ,president fails to transmit to each congressional leader and each senior ,government official a notification with respect to such action as required by paragraph 7#b71 such action shall cease to have any force or effect at the time that is #ab hours after the ,president takes such action2 and 7,b7 if the ,president transmits to each congressional leader and each senior ,government official a notification with respect to such action as required by paragraph 7#b71 such action shall cease to have any force or effect at1 and may not take effect after1 the end of the #dh-;hour period4 7#d7 ,procedures for expedited congressional consideration 7,a7 ,fast track consideration in the ,house of ,representatives 7i7 ,reconvening ,upon receipt of a notification under paragraph 7#b71 the ,speaker1 if the ,house would otherwise be adjourned1 shall notify the ,members of the ,house that1 pursuant to this paragraph1 the ,house shall convene as soon as the ,speaker deems practicable4 7ii7 ,placement on calendar ,upon introduction in the ,house1 the approval legislation shall be placed immediately on the calendar4 7iii7 ,proceeding to consideration ,it shall be in order at any time during the #dh-;hour period immediately to move to proceed to consider the approval legislation in the ,house4 ,all points of order against the motion are waived4 ,such a motion shall not be in order after the ,house has disposed of a motion to proceed on the approval legislation4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion shall not be debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7iv7 ,consideration ,the approval legislation shall be considered as read4 ,all points of order against the approval legislation and against its consideration are waived4 ,the previous question shall be considered as ordered on the approval legislation to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent4 ,a motion to reconsider the vote on passage of the approval legislation shall not be in order4 7,b7 ,fast track consideration in the ,senate 7i7 ,reconvening ,upon receipt of a notification under paragraph 7#b71 if the ,senate has adjourned or recessed for more than #b days1 the majority leader of the ,senate1 after consultation with the minority leader of the ,senate1 shall notify the ,members of the ,senate that1 pursuant to this paragraph1 the ,senate shall convene as soon as the majority leader deems practicable4 7ii7 ,placement on calendar ,upon introduction in the ,senate1 the approval legislation shall be placed immediately on the calendar4 7iii7 ,floor consideration 7,i7 ,in general ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order at any time during the #dh-;hour period to move to proceed to the consideration of the approval legislation1 and all points of order against the approval legislation 7and against consideration of the legislation7 are waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the approval legislation is agreed to1 the approval legislation shall remain the unfinished business until disposed of4 7,,ii7 ,consideration ,consideration of the approval legislation1 and of all debatable motions and appeals in connection therewith1 shall be limited to not more than #d hours1 which shall be divided equally between the majority and minority leaders or their designees4 ,a motion further to limit consideration is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the approval legislation is not in order4 7,,iii7 ,vote on passage ,the vote on passage shall occur immediately following the conclusion of the debate on the approval legislation1 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate4 7,,iv7 ,rulings of the chair on procedure ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate1 as the case may be1 to the procedure relating to the approval legislation shall be decided without debate4 7,c7 ,rules relating to ,senate and ,house of ,representatives 7i7 ,coordination with action by other ,house ,if1 before the passage by one ,house of approval legislation of that ,house relating to an action by the ,president under subsection 7a71 7b71 7c71 or 7d71 that ,house receives from the other ,house approval legislation relating to such action1 then the following procedures shall apply3 7,i7 ,the approval legislation of the other ,house shall not be referred to a committee4 7,,ii7 ,with respect to approval legislation of the ,house receiving the approval legislation from the other ,house-- 7aa7 the procedure in that ,house shall be the same as if no approval legislation had been received from the other ,house2 but 7bb7 if-- 7,,aa7 the approval legislation from the other ,house is identical to the approval legislation then pending for passage in that ,house1 the vote on passage shall be on the approval legislation of the other ,house2 or 7,,bb7 the approval legislation received from the other ,house is not identical to the approval legislation then pending for passage in that ,house and that ,house then passes the approval legislation of that ,house1 that ,house shall be considered to have passed the approval legislation from the other ,house as amended by the text of the approval legislation of that ,house4 7ii7 ,treatment of approval legislation of other ,house ,if one ,house fails to introduce or consider approval legislation relating to an action by the ,president under subsection 7a71 7b71 7c71 or 7d71 the approval legislation of the other ,house relating to such action shall be entitled to expedited floor procedures under this paragraph4 7iii7 ,treatment of companion measures ,if1 following passage of approval legislation relating to an action by the ,president under subsection 7a71 7b71 7c71 or 7d7 in the ,senate1 the ,senate then receives approval legislation relating to such action from the ,house of ,representatives1 the approval legislation from the ,house of ,representatives shall be entitled to expedited floor procedures under this paragraph except it shall not be debatable4 7iv7 ,action on message between ,houses ,during the consideration in the ,senate or the ,house of ,representatives of a message between ,houses on any approval legislation relating to an action by the ,president under subsection 7a71 7b71 7c71 or 7d71 and all amendments in disagreement1 and all amendments thereto1 and debatable motions and appeals in connection therewith1 consideration shall be limited to #b hours1 to be equally divided between1 and controlled by1 the majority leader and minority leader or their designees4 ,consideration of any debatable motion or appeal related to the message shall be limited to #a hour1 to be equally divided between1 and controlled by1 the mover and the manager of the message4 7v7 ,consideration after passage 7,i7 ,in general ,if ,congress passes approval legislation1 the period beginning on the date the ,president is presented with the legislation and ending on the date the ,president takes action with respect to the legislation shall be disregarded in computing the #dh-;hour period4 7,,ii7 ,vetoes ,if the ,president vetoes the approval legislation-- 7aa7 the period beginning at the time the ,president vetoes the legislation and ending on the date the ,congress receives the veto message with respect to the approval legislation shall be disregarded in computing the #dh-;hour period2 and 7bb7 debate on a veto message in the ,senate under this paragraph shall be #a hour equally divided between the majority and minority leaders or their designees4 7,d7 ,extension of #dh-;hour period for exigent circumstances ,if either chamber is adjourned when the #dh-;hour period begins and cannot practicably reconvene in time to consider approval legislation in accordance with this subsection during the #dh-;hour period1 and if all of the congressional leaders1 or their designees1 reach an agreement under which they1 or their designees1 determine that the action under subsection 7a71 7b71 7c71 or 7d7 to which such notification relates is necessary to protect against an imminent and specific threat to human life or an imminent and specific threat to national security1 and that the #dh-;hour period will be extended until such time as they1 or their designees1 consider practicable1 such period shall be extended until such time4 ,such agreement shall be provided to the ,president1 the ,members of the ,house of ,representatives and ,senate1 and each senior ,government official4 7,e7 ,supermajority required ,in the ,senate and the ,house of ,representatives1 the approval legislation may only be adopted 7including in the case of adoption by one ,house of approval legislation received from the other ,house1 with or without amendment7 by an affirmative vote of not less than-- 7i7 three-fifths of the ,members of each respective chamber1 duly chosen and sworn2 and 7ii7 one-quarter of ,members of each respective chamber who caucus with the party that has the second-largest number of ,members of such chamber4 7,f7 ,rules of ,house of ,representatives and ,senate ,this paragraph is enacted by ,congress-- 7i7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of approval legislation1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7ii7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 7#e7 ,subsequent actions ,if an action by the ,president under subsection 7a71 7b71 7c71 or 7d7 does not take effect or ceases to have any force or effect as provided in this subsection1 the same or a substantially similar action by the ,president may not take effect unless-- 7,a7 there is enacted a law authorizing such same or substantially similar action2 or 7,b7 the basis for such same or substantially similar action is a war1 threat of war1 state of public peril1 disaster1 national emergency1 or other circumstance that is completely separate and distinct from the circumstance that is the basis for the ,president to take the earlier action4 7#f7 ,earlier termination by ,president ,nothing in this subsection may be construed to prohibit the ,president from providing that an action under subsection 7a71 7b71 7c71 or 7d7 shall cease to have any force or effect before the time provided in this subsection4 7#g7 ,post-hoc ,,gao report 7,a7 ,in general ,not later than #ij days after the ,president takes an action under subsection 7a71 7b71 7c71 or 7d71 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on such action4 7,b7 ,contents ,a report required by subparagraph 7,a7 shall assess-- 7i7 the degree to which the ,president adhered to the requirements of this subsection1 including the standard required by paragraph 7#a7 for taking such an action2 and 7ii7 the impact of the action taken by the ,president on-- 7,i7 civil liberties and civil rights1 including any disproportionate impacts on marginalized communities2 7,,ii7 public safety1 including emergency services1 emergency support services1 and public safety answering points 7as such terms are defined in section #bbb7;h772 7,,iii7 functions of ,federal1 ,state1 ,tribal1 and local governments2 7,,iv7 the economy1 including any projection of future or ongoing impacts2 7,v7 communications facilities and the technical architecture of impacted communications networks 7including the security of such facilities and networks72 and 7,,vi7 private companies4 7,c7 ,consultation ,in preparing a report required by subparagraph 7,a71 the ,comptroller ,general shall consult with relevant stakeholders4 7,d7 ,unclassified form ,a report required by subparagraph 7,a7 shall be submitted in unclassified form but may contain a classified annex4 7#h7 ,definitions ,in this subsection3 7,a7 ,approval legislation ,the term approval legislation means a joint resolution that-- 7i7 does not contain a preamble2 7ii7 the matter after the resolving clause of which is as follows3 ,that ,congress approves the action by the ,president under section #gjf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fjf7 with respect to which the ,president transmitted a notification under subsection 7i77#b7 of such section on 1 and such action is authorized to be in effect through 41 the blank spaces being appropriately filled in2 and 7iii7 is introduced during the #dh-;hour period4 7,b7 ,congressional leaders ,the term congressional leaders means the ,speaker and minority leader of the ,house of ,representatives and the majority leader and minority leader of the ,senate4 7,c7 ,relevant stakeholders ,the term relevant stakeholders means-- 7i7 senior ,government officials2 7ii7 the ,under ,secretary of ,commerce for ,standards and ,technology2 7iii7 the ,privacy and ,civil ,liberties ,oversight ,board2 7iv7 the congressional leaders2 and 7v7 experts from academia1 public interest organizations1 and private industry with expertise in-- 7,i7 civil liberties and civil rights2 7,,ii7 economics2 7,,iii7 cybersecurity and network security2 7,,iv7 national security2 and 7,v7 telecommunications4 7,d7 ,senior ,government official ,the term senior ,government official means-- 7i7 the ,vice ,president2 7ii7 the head of each ,executive department 7as defined in section #aja of title #e1 ,united ,states ,code72 7iii7 each ,commissioner of the ,commission2 7iv7 the head of each element of the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc772 and 7v7 each member of the ,joint ,chiefs of ,staff4 7j7 ,liability ,no person shall be held criminally or civilly liable for any action taken to comply with an action taken by the ,president under subsection 7a71 7b71 7c71 or 7d71 if-- 7#a7 the action by the ,president is taken in accordance with this section and any other applicable provision of law2 and 7#b7 any service disrupted by the action of such person is restored as soon as reasonably feasible after the action by the ,president ceases to have any force or effect in accordance with this section and any other applicable provision of law4 4 7b7 ,one-,time ,,gao report 7#a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that predicts the impact of a communications shutdown1 partial or complete1 as provided for in subsection 7a71 7b71 7c71 or 7d7 of section #gjf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fjf7 or any other law1 regulation1 ,executive order1 or document of the ,federal ,government1 on-- 7,a7 civil liberties and civil rights1 including any disproportionate impacts on marginalized communities2 7,b7 national security2 7,c7 public safety1 including emergency services1 emergency support services1 and public safety answering points 7as such terms are defined in section #bbb7;h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb7;h7772 7,d7 functions of ,federal1 ,state 7as defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec771 ,tribal1 and local governments2 7,e7 the economy1 including any projection of future or ongoing impacts2 7,f7 communications facilities and the technical architecture of impacted communications networks 7including the security of such facilities and networks72 and 7,g7 private companies4 7#b7 ,consultation ,in preparing the report required by paragraph 7#a71 the ,comptroller ,general shall1 to the degree practicable1 consult with relevant stakeholders 7as defined in paragraph 7#h7 of subsection 7i7 of section #gjf of the ,communications ,act of #aicd1 as added by subsection 7a7 of this section74 7#c7 ,unclassified form ,the report required by paragraph 7#a7 shall be submitted in unclassified form but may contain a classified annex4 7#d7 ,communications shutdown defined ,in this subsection1 the term communications shutdown has the meaning given such term in paragraph 7#f7 of subsection 7e7 of section #gjf of the ,communications ,act of #aicd1 as amended by subsection 7c74 7c7 ,just compensation and costs to customers 7#a7 ,in general ,subsection 7e7 of section #gjf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fjf7 is amended to read as follows3 7e7 7#a7 ,the ,president shall ascertain-- 7,a7 the just compensation for use or control under subsection 7c7 or 7d72 and 7,b7 the cost of any harm to the customers of a provider of communications by wire or radio caused by an action by the ,president under subsection 7a71 7b71 7c71 or 7d7 that results in a partial or complete communications shutdown4 7#b7 7,a7 ,the ,president shall certify the amounts ascertained under paragraph 7#a7 to ,congress for appropriation and payment to the person entitled thereto4 7,b7 ,in the case of the cost of harm to the customers of a provider1 the person entitled to payment under subparagraph 7,a7 shall be such provider4 ,such provider shall1 not later than #fj days after receiving payment1 pay such amount to the customers who were harmed4 7#c7 ,if an amount certified under paragraph 7#b7 is unsatisfactory to the person entitled thereto1 such person shall be paid only #ge percent of the amount and shall be entitled to sue the ,united ,states to recover such further sums as added to such payment of #ge percent will make such amount as will be just compensation described in paragraph 7#a77;,a7 or the cost of any harm described in paragraph 7#a77;,b71 as the case may be4 ,such suit shall be brought in the manner provided by section #acdf or section #adia of title #bh1 ,united ,states ,code4 7#d7 ,the ,commission shall promulgate regulations that contain-- 7,a7 a methodology for ascertaining the cost of harm under paragraph 7#a77;,b72 and 7,b7 a methodology that a provider of communications shall use to determine how much of the amount required by paragraph 7#b77;,b7 to be paid to customers of such provider who were harmed shall be paid to each such customer4 7#e7 ,a provider of communications by wire or radio may not charge a customer for reactivating1 reconnecting1 or taking any similar action with respect to any service or connection impacted by an action by the ,president under subsection 7a71 7b71 7c71 or 7d74 7#f7 ,in this subsection1 the term communications shutdown means an intentional disruption of internet or other communications by wire or radio rendering such communications inaccessible or effectively unusable1 for a specific population or within a specific location 7which may include the entire population of the ,united ,states or the entire territory of the ,united ,states74 4 7#b7 ,deadline for regulations ,the ,federal ,communications ,commission shall promulgate the regulations required by paragraph 7#d7 of subsection 7e7 of section #gjf of the ,communications ,act of #aicd1 as amended by paragraph 7#a71 not later than #ahj days after the date of the enactment of this ,act4 7d7 ,conforming amendments ,section #gjf of the ,communications ,act of #aicd is further amended-- 7#a7 in the second sentence of subsection 7a71 by inserting 7subject to subsection 7i77 after determine2 7#b7 in the first sentence of subsection 7c71 by inserting 7subject to subsection 7i77 after as he may see fit2 and 7#c7 in subsection 7d71 by striking and not later than such earlier date as the ,congress by concurrent resolution may designate and inserting 7but subject to subsection 7i7 with respect to any particular action under this subsection during such period74 7e7 ,rule of construction ,this section and the amendments made by this section shall not be construed to expand ,presidential authorities existing as of the day before the date of the enactment of this ,act4