[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress]
[118th Congress]
[House Document 117-161]
[Legislate Procedures Enacted in Law]
[Pages 1164-1167]
[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]

  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 President is authorized to declare such 
national emergency. Such proclamation shall immediately be transmitted 
to the Congress and published in the Federal Register.


  (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.

  (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 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.

  (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.


[[Page 1167]]

  (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 

        the House in the case of resolutions described by this 

        subsection; 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. _).

  In the 117th Congress, the House adopted a special order of business 
varying the statutory procedures for consideration of a specified joint 
resolution relating to a national emergency declared by the President on 
March 13, 2020 (sec. 6, H. Res. 473, June 14, 2021, p. _), and 
subsequently adopted a separate order of business varying the statutory 
procedures for consideration of any measure relating to the emergency 
declaration addressed by the specified joint resolution (sec. 4, H. Res. 
508, June 30, 2021, p. _).



                                                            Sec. 1130(4)