No Kings Act

A BILL

To amend various provisions of the United States Code to curb emergency, military, appointments, surveillance, communications, and immigration authorities; to strengthen inspectors general; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. No Kings Act;

TABLE OF CONTENTS.

(a) Short Title.—This Act may be cited as the “No Kings Act of XXXX.”

TITLE I—NATIONAL EMERGENCIES ACT

SEC. 101. SUNSET; SPECIFIC STATUTES; REPORTING; FAST DISAPPROVAL.

(a) 30-Day Sunset.—Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) is amended by striking “one year” and inserting “30 days,” and by requiring a “written certification of specific facts” for any renewal.

(b) Enumerate Invoked Laws.—Section 201 (50 U.S.C. 1621) is amended to add:

“(c) A proclamation shall identify each statutory provision activated and explain the necessity of each to the stated emergency.”

(c) Public Quarterly Reports.—Section 401 (50 U.S.C. 1641) is amended to require quarterly public reports listing actions taken under each invoked statute; classified annex permitted.

(d) Expedited Disapproval.—Section 202 is amended to provide highly privileged, up-or-down votes within 3 legislative days on joint resolutions terminating an emergency.

(e) No Cross-Statute Bootstrapping.—Add 50 U.S.C. 1601 note: “Authorities limited or prohibited under this Act may not be exercised under any other statute by reason of an emergency declared solely under this Act absent specific authorization.”

TITLE II—INTERNATIONAL EMERGENCY ECONOMIC POWERS (WITH TARIFF LIMITATION)

SEC. 201. FOREIGN NEXUS; EXPRESS BAR ON TARIFFS; INFORMATIONAL EXEMPTIONS; REVIEW.

(a) Foreign Nexus Requirement.—Section 1701(a) of title 50 is amended to add: “The President shall make written findings demonstrating an articulable foreign nexus; measures directed primarily at domestic economic policy are prohibited.”

(b) Tariff/Quota Prohibition.—Section 1702 is amended to add:

“(e) No Tariffs Under IEEPA.—Notwithstanding any other provision of law, authority under this chapter may not be used to impose or adjust tariffs, customs duties, fees, quotas, tariff-rate quotas, or customs classifications on imports or exports, nor to circumvent limitations in titles 19 or 50.”

(c) Berman-Plus.—Section 1702(b)(3) is amended to clarify that “informational materials” include software, code repositories, communications platforms, and services facilitating exchange of information.

(d) Platform Ban Review.—Add §1702(f): any order substantially restricting access in the United States to an online platform is subject to expedited three-judge review with direct appeal; Government bears narrow-tailoring burden.

(e) Time Discipline.—Actions under this chapter lapse 180 days after initial proclamation absent a specific Act of Congress.

TITLE III—INSURRECTION ACT

SEC. 301. DEFINITIONS; CERTIFICATION; DURATION; ACCOUNTABILITY; REVIEW.

(a) Definitions.—10 U.S.C. chapter 13 is amended to add to §255:

“(c) ‘insurrection’ means a concerted, violent uprising rendering enforcement of federal law impracticable in a defined area; ‘impracticable’ means civil authorities, after exhausting available resources, cannot execute the law.”

(b) Pre-Use Certification.—10 U.S.C. §§251–253 are amended to require, before deployment, written certification to Congress stating specific facts, geographic scope, mission, rules of engagement, and coordination with civilian authorities.

(c) 7-Day Limit.—Authority under chapter 13 lapses 7 days after first invocation unless Congress enacts a specific authorization.

(d) Identification & Recording.—Federal personnel shall display visible agency identification and employ body-worn cameras where feasible; records preserved.

(e) Expedited Review.—States and persons affected may seek three-judge review; direct appeal to the Supreme Court.

TITLE IV—EMERGENCY CONTROL OF COMMUNICATIONS

SEC. 401. NARROWING OF 47 U.S.C. 606; COURT ORDER; TRANSPARENCY.

(a) Trigger.—47 U.S.C. 606(c)–(d) authority may be exercised only during a war declared by Congress or a cyber emergency specifically authorized by statute.

(b) Judicial Warrant/Order.—Add 47 U.S.C. 606(h): any directive substantially degrading or disrupting public communications requires a prior court order, except for a 24-hour emergency action subject to immediate judicial review.

(c) Least-Restrictive Means & Notice.—Add 47 U.S.C. 606(i): actions must be narrowly tailored; unclassified notice to Congress within 48 hours; public technical rationale within 7 days.

TITLE V—FEDERAL VACANCIES REFORM

SEC. 501. ANTI-GAMING; CLOCK; CONSEQUENCES; GAO REFERRAL.

(a) First-Assistant Rule.—5 U.S.C. 3345(b) is amended to add: “An individual may not qualify as ‘first assistant’ by designation within 90 days prior to a vacancy.”

(b) Single 210-Day Window.—5 U.S.C. 3346 is amended to provide one 210-day period unless a nomination is pending. If a nomination is rejected or withdrawn, acting service ceases until a new nomination is submitted.

(c) Vacatur.—5 U.S.C. 3348(d) is amended to provide that actions of an unlawfully serving acting officer have no force or effect, with a good-faith reliance exception for third parties.

(d) GAO Reporting.—GAO shall report violations to Congress within 30 days and publish determinations.

TITLE VI—INSPECTOR GENERAL INDEPENDENCE

SEC. 601. FOR-CAUSE REMOVAL; ACTING IG; BUDGET; SUBPOENA.

(a) Removal Standard.—Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to permit removal only for permanent incapacity, neglect of duty, malfeasance, or felony conviction, with 30-day detailed notice to Congress.

(b) Actings.—An acting IG shall be a career SES official from outside the inspected entity.

(d) Subpoena & Enforcement.—Express authority to subpoena former officials; enforcement in district court; anti-retaliation protections for IG staff.

TITLE VII—FEDERAL PROTECTIVE SERVICE DEPLOYMENTS

SEC. 701. OFF-PROPERTY LIMITS; COORDINATION; IDENTIFICATION; REPORTS.

(a) Scope.—40 U.S.C. 1315 is amended to limit off-property operations to immediate, articulable threats to federal facilities or persons.

(b) Coordination.—Planned operations require written MOUs with State or local authorities.

(c) Accountability.—Visible identification, body-worn cameras, and public after-action reports to Congress for multi-city deployments.

TITLE VIII—IMMIGRATION ENTRY SUSPENSIONS

SEC. 801. NARROW TAILORING; EVIDENTIARY FINDINGS; TIME LIMITS; REVIEW.

Section 212(f) of the INA (8 U.S.C. 1182(f)) is amended—

(1) to require specific, articulable findings supported by evidence;

(2) to limit proclamations to 90 days absent specific statutory authorization;

(3) to bar discrimination on the basis of religion; and

(4) to provide expedited three-judge review with direct appeal; public unclassified summary required.

TITLE IX—FOREIGN INTELLIGENCE SURVEILLANCE

SEC. 901. U.S.-PERSON QUERY WARRANTS; LOGGING; AUDIT; NOTICE; SUNSET.

(a) Warrants.—50 U.S.C. 1881a is amended to require, absent exigency, a court order based on probable cause before querying contents using a U.S.-person identifier.

(b) Logging & Audit.—Immutable logs of all U.S.-person queries; quarterly audits by the Privacy and Civil Liberties Oversight Board with public summaries.

(c) Suppression & Notice.—Evidence derived from unlawful queries is inadmissible; criminal defendants receive notice.

(d) Two-Year Sunset.—Section 702 is reauthorized for two years and then sunsets unless re-enacted.

TITLE X—OFFICE OF LEGAL COUNSEL TRANSPARENCY

SEC. 1001. PUBLICATION; INDEX OF WITHHELD OPINIONS.

(a) 28 U.S.C. §530F (new).—DOJ shall publish all final OLC opinions, with redactions as necessary, within 120 days.

(b) Index & Declassification.—For any opinion withheld in whole or part, DOJ shall publish an index (title, date, requesting agency, subject) and conduct declassification review every 3 years.

TITLE XI—NATIONAL GUARD TITLE 32 DEPLOYMENTS

SEC. 1101. GOVERNOR CONSENT; 7-DAY LIMIT; TITLE 10 DEFAULT.

(a) Consent & Cross-State Use.—32 U.S.C. 502(f) is amended to prohibit law-enforcement missions outside a Governor’s State without written consent of affected Governors or specific statutory authorization.

(b) Certification & Duration.—Any civil-disturbance deployment requires written certification to Congress and lapses after 7 days absent specific authorization.

(c) Title 10 Default.—If federalized for interstate operations, deployment proceeds under title 10 and remains subject to the Posse Comitatus Act unless otherwise authorized.

TITLE XII—PROTECTED SPEECH AND IMMIGRATION ENFORCEMENT

SEC. 1201. PROHIBITION ON ADVERSE IMMIGRATION ACTIONS BASED ON PROTECTED SPEECH; REMEDIES.

(a) New Section.—Chapter 12 of title 8, United States Code, is amended by inserting after section 1357 the following:

“§ 1357A. Prohibition on adverse immigration actions based on protected speech

(1) Rule.—No removal, expedited removal, exclusion, denial of admission, cancellation of parole, denial or revocation of a visa, or initiation of proceedings may be undertaken in whole or substantial part because of a person’s speech, association, or expressive conduct protected by the First Amendment.

(2) Burden-Shifting.—If a person shows protected activity and temporal proximity or other indicia of retaliation, the Government shall prove by clear and convincing evidence that it would have taken the same action absent the protected activity.

(3) Stay & Review.—Upon a prima facie showing, the person shall receive an automatic administrative stay of removal pending adjudication; courts shall provide expedited review.

(4) Remedies; Waiver.—There is a private right of action for declaratory and injunctive relief, reasonable attorney’s fees, and expungement; sovereign immunity is waived for such relief.

(5) Scope.—Nothing in this section limits legitimate enforcement based on independent, lawful grounds supported by evidence unrelated to protected activity.”

(b) Conforming Amendments.—Sections 1225, 1226, 1227, and 1231 are amended to cross-reference §1357A and to provide for automatic stays consistent with subsection (a)(3).

TITLE XIII—ANTI-IMPOUNDMENT AND AUTOMATIC TRIGGERS

SEC. 1301. STRENGTHENED IMPOUNDMENT CONTROL; REAL-TIME NOTICE.

(a) Definitions.—2 U.S.C. 682 is amended to define “impoundment” to include any withholding, delay in apportionment, or deferment not transmitted under the Impoundment Control Act (ICA).

(b) 24-Hour Reporting.—The President and OMB shall transmit to Congress and GAO any proposed rescission or deferral within 24 hours of any withholding or apportionment action affecting availability of funds; GAO shall post notices publicly.

SEC. 1302. AUTOMATIC RELEASE AND CONTINUATION.

(a) Automatic Release.—Any impoundment not transmitted under the ICA within 24 hours is void; affected budget authority is deemed apportioned pro rata and immediately available to obligate.

(b) Day-for-Day Extension.—If an unlawful impoundment occurs in a time-limited appropriation, the period of availability is extended day-for-day equal to the unlawful withholding.

(c) Program Continuity Trigger.—If OMB fails to comply for more than 7 days, a temporary automatic continuing apportionment at the lesser of current-year or prior-year rates is triggered for affected accounts until compliance or enactment of subsequent appropriations.

SEC. 1303. ENFORCEMENT; REMEDIES; CONSEQUENCES.

(a) GAO Action.—The Comptroller General may bring suit in the U.S. District Court for the District of Columbia for declaratory and injunctive relief regarding any unlawful impoundment; a three-judge court shall be convened under 28 U.S.C. 2284 with direct appeal under 28 U.S.C. 1253.

(b) Private Right of Action.—Any grantee, State, or person aggrieved by an unlawful impoundment has a cause of action for declaratory and injunctive relief and reasonable attorney’s fees; sovereign immunity is waived for such relief.

(c) Anti-Deficiency Tie-In.—Knowingly ordering or executing an unlawful impoundment constitutes a violation of 31 U.S.C. 1341; the Office of Management and Budget (OMB) shall refer violations to the applicable Inspector General and to the Attorney General.

(d) OMB Sequester Consequences (Trigger).—If (1) a court of competent jurisdiction enters a final, non-stayed judgment that an unlawful impoundment occurred, or (2) the Comptroller General transmits to Congress and OMB a written determination that an unlawful impoundment occurred and no court stays that determination within 14 days of transmission (a “covered determination”), then—

(1) Automatic Targeted Sequester.—Effective on the date of a covered determination, an amount equal to 5 percent of the un-obligated balance in “Executive Office of the President—Office of Management and Budget—Salaries and Expenses” is placed in automatic sequester (unavailable for obligation for the remainder of the fiscal year) only within the following object classes (as described in OMB Circular A-11 or successor): 21.0 (Travel and Transportation of Persons), 25.1 (Advisory and Assistance Services), 25.2 (Other Services from Non-Federal Sources), and 25.3 (Other Goods and Services); and for any amounts budgeted for public affairs, public relations, advertising, or strategic communications contracts or agreements.

(2) Protection of Career Civilians.—Reductions required by this subsection may not be achieved through involuntary furloughs or reductions in basic pay of career General Schedule or career SES employees.

(3) Exemptions.—Nothing in this subsection restricts obligations necessary for statutory reporting deadlines, cybersecurity incident response, or mandatory safety/compliance training.

(e) Compensation and Award Consequences for Senior OMB Officials (Trigger).—Upon a covered determination and for 12 months thereafter, the Director of OMB and any PAS, non-career SES, or Schedule C official employed by OMB are ineligible for awards, bonuses, and recruitment/relocation/retention incentives authorized under chapter 53 of title 5. The Director shall provide written notice to affected officials not later than 7 days after the covered determination.

(f) No Backfilling or Offset.—No funds may be transferred, reprogrammed, or otherwise made available from any Federal account to OMB to offset the sequester required by subsection (d), notwithstanding any other provision of law.

(g) Cure and Mitigation.—If, within 14 days after a covered determination, the President and OMB certify to Congress and the Comptroller General that the unlawful impoundment has been fully cured (release of funds, corrective apportionments, and a written compliance plan), then—

(1) the sequester required by subsection (d)(1) shall be reduced to 2.5 percent; and

(2) the ineligibility period in subsection (e) shall be reduced to 6 months.

If a court later vacates the covered determination, subsections (d) and (e) cease to apply prospectively.

(h) OSC/Merit Systems Referrals.—OMB shall refer any supervisor or manager found, after appropriate investigation, to have knowingly directed an unlawful impoundment to the Office of Special Counsel for potential discipline under chapter 75 of title 5; nothing herein authorizes discipline of an employee for refusing to execute an unlawful order.

(i) Publication.—Within 7 days of any covered determination, OMB shall post on its public website the determination, any certification under subsection (g), and updated SF-132 apportionment data reflecting any automatic apportionments under section 1302 and the adjustments required by this section.

TITLE XIV—GENERAL PROVISIONS

SEC. 1401. EXPEDITED JUDICIAL REVIEW.

Where provided in this Act, actions shall be heard by a three-judge district court convened under 28 U.S.C. 2284, with direct appeal to the Supreme Court under 28 U.S.C. 1253.

SEC. 1402. SEVERABILITY.

If any provision of this Act or its application is held unconstitutional, the remainder and other applications shall not be affected.

SEC. 1403. EFFECTIVE DATE; TRANSITION.

This Act takes effect 60 days after enactment. Ongoing declarations and actions under amended authorities shall conform within 30 days thereafter.