[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Legislate Procedures Enacted in Law]
[Pages 1178-1181]
[From the U.S. Government Publishing Office, www.gpo.gov]
3. National Emergencies Act [50 U.S.C. 1601, 1621, 1622]
title i--terminating existing declared emergencies
[50 U.S.C. 1601]
Sec. 101. (a) All powers and authorities possessed by the President,
any other officer or employee of the Federal Government, or any
executive agency, as defined in section 105 of title 5, United States
Code, as a result of the existence of any declaration of national
emergency in effect on the date of enactment of this Act [Sept. 14,
1976] are terminated two years from the date of such enactment. Such
termination shall not affect--
(1) any action taken or proceeding pending not finally
concluded or determined on such date;
(2) any action or proceeding based on any act committed prior
to such date; or
(3) any rights or duties that matured or penalties that were
incurred prior to such date.
(b) For the purpose of this section, the words ``any national
emergency in effect'' means a general declaration of emergency made by
the President.
title ii--declarations of future national emergencies
[50 U.S.C. 1621]
[[Page 1179]]
dent is authorized to declare such national emergency. Such proclamation
shall immediately be transmitted to the Congress and published in the
Federal Register.
Sec. 201. (a) With respect to Acts of Congress authorizing the
exercise, during the period of a national emergency, of any special or
extraordinary power, the Presi
(b) Any provisions of law conferring powers and authorities to be
exercised during a national emergency shall be effective and remain in
effect (1) only when the President (in accordance with subsection (a) of
this section), specifically declares a national emergency, and (2) only
in accordance with this Act. No law enacted after the date of 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.
[50 U.S.C. 1622]
Sec. 202. (a) Any national emergency declared by the President in
accordance with this title shall terminate if--
(1) there is enacted into law a joint resolution terminating
the emergency; or
(2) the President issues a proclamation terminating the
emergency.
Any national emergency declared by the President shall be terminated on
the date specified in any joint resolution referred to in clause (1) or
on the date specified in a proclamation by the President terminating the
emergency as provided in clause (2) of this subsection, whichever date
is earlier, and any powers or authorities exercised by reason of said
emergency shall cease to be exercised after such specified date, except
that such termination shall not affect--
(A) any action taken or proceeding pending not finally
concluded or determined on such date;
(B) any action or proceeding based on any act committed prior
to such date; or
(C) any rights or duties that matured or penalties that were
incurred prior to such date.
(b) Not later than six months after a national emergency is declared,
and not later than the end of each six-month period thereafter that such
emergency continues, each House of Congress shall meet to consider a
vote on a joint resolution to determine whether that emergency shall be
terminated.
[[Page 1180]]
shall be reported out by such committee together with its
recommendations within fifteen calendar days after the day on which such
resolution is referred to such committee, unless such House shall
otherwise determine by the yeas and nays.
(c)(1) A joint resolution to terminate a national emergency declared
by the President shall be referred to the appropriate committee of the
House of Representatives or the Senate, as the case may be. One such
joint resolution
(2) Any joint resolution so reported shall become the pending business
of the House in question (in the case of the Senate the time for debate
shall be equally divided between the proponents and the opponents) and
shall be voted on within three calendar days after the day on which such
resolution is reported, unless such House shall otherwise determine by
yeas and nays.
(3) Such a joint resolution passed by one House shall be referred to
the appropriate committee of the other House and shall be reported out
by such committee together within its recommendations within fifteen
calendar days after the day on which such resolution is referred to such
committee and shall thereupon become the pending business of such House
and shall be voted upon within three calendar days after the day on
which such resolution is reported, unless such House shall otherwise
determine by yeas and nays.
(4) In the case of any disagreement between the two Houses of Congress
with respect to a joint resolution passed by both Houses, conferees
shall be promptly appointed and the committee of conference shall make
and file a report with respect to such joint resolution within six
calendar days after the day on which managers on the part of the Senate
and the House have been appointed. Notwithstanding any rule in either
House concerning the printing of conference reports or concerning any
delay in the consideration of such reports, such report shall be acted
on by both Houses not later than six calendar days after the conference
report is filed in the House in which such report is filed first. In the
event the conferees are unable to agree within forty-eight hours, they
shall report back to their respective Houses in disagreement.
(5) Paragraphs (1)-(4) of this subsection (b) of this section, and
section 502(b) of this Act are enacted by Congress--
(A) as an exercise of the rulemaking power of the Senate and
the House of Representatives, respectively, and as such they are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
[[Page 1181]]
the House in the case of resolutions described by this sub
section; and they supersede other rules only to the extent that
they are inconsistent therewith; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and to
the same extent as in the case of any other rule of that House.
(d) Any national emergency declared by the President in accordance
with this title, and not otherwise previously terminated, shall
terminate on the anniversary of the declaration of that emergency if,
within the ninety-day period prior to each anniversary date, the
President does not publish in the Federal Register and transmit to the
Congress a notice stating that such emergency is to continue in effect
after such anniversary.
A privileged motion to discharge a committee from further
consideration of a joint resolution terminating an emergency is
available after the measure has been referred to committee for 15
calendar days (Nov. 7, 2005, pp. 25133, 25134).
In the 116th Congress, the House adopted a special order of business
providing for consideration of H.J. Res. 46, relating to a national
emergency declared by the President on February 15, 2019, and varying
the statutory procedures for consideration of any measure related to the
specified emergency declaration addressed by the joint resolution (sec.
2, H. Res. 144, Feb. 26, 2019, p. _).
Sec. 1130(4)