[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 502-510]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 502]]
 
                         TITLE 50--WAR AND NATIONAL DEFENSE

            
                          Chapter 33--WAR POWERS RESOLUTION

       414  Sec. 1543. Reporting requirement
            (a) Written report; time of submission; circumstances 
                necessitating submission; information reported
                In the absence of a declaration of war, in any case in 
            which United States Armed Forces are introduced--
                            (1) into hostilities or into situations 
                        where imminent involvement in hostilities is 
                        clearly indicated by the circumstances;
                            (2) into the territory, airspace or waters 
                        of a foreign nation, while equipped for combat, 
                        except for deployments which relate solely to 
                        supply, replacement, repair, or training of such 
                        forces; or
                            (3) in numbers which substantially enlarge 
                        United States Armed Forces equipped for combat 
                        already located in a foreign nation;the 
                        President shall submit within 48 hours to the 
                        Speaker of the House of Representatives and to 
                        the President pro tempore of the Senate a 
                        report, in writing, setting forth--

                                (A) the circumstances necessitating the 
                            introduction of United States Armed Forces;

                                (B) the constitutional and legislative 
                            authority under which such introduction took 
                            place; and

                                (C) the estimated scope and duration of 
                            the hostilities or involvement.

            (b) Other information reported
                The President shall provide such other information as 
            the Congress may request in the fulfillment of its 
            constitutional responsibilities with respect to committing 
            the Nation to war and to the use of United States Armed 
            Forces abroad.
            (c) Periodic reports; semiannual requirement
                Whenever United States Armed Forces are introduced into 
            hostilities or into any situation described in subsection 
            (a) of this section, the President shall, so long as such 
            armed forces continue to be engaged in such hostilities or 
            situation, report to the Congress periodically on the status 
            of such hostilities or situation as well as on the scope and 
            duration of such hostilities or situation, but in no event 
            shall he report to the Congress less often than once every 
            six months. (Pub. L. 93-148, Sec. 4, Nov. 7, 1973, 87 Stat. 
            555.)
       415  Sec. 1544. Congressional action
            (a) Transmittal of report and referral to Congressional 
                committees; joint request for convening Congress
                Each report submitted pursuant to section 1543(a)(1) of 
            this title shall be transmitted to the Speaker of the House 
            of Representatives and to the President pro tempore of the 
            Senate on the same calendar day. Each report so transmitted 
            shall be referred to the Committee on For

[[Page 503]]

            eign Affairs of the House of Representatives and to the 
            Committee on Foreign Relations of the Senate for appropriate 
            action. If, when the report is transmitted, the Congress has 
            adjourned sine die or has adjourned for any period in excess 
            of three calendar days, the Speaker of the House of 
            Representatives and the President pro tempore of the Senate, 
            if they deem it advisable (or if petitioned by at least 30 
            percent of the membership of their respective Houses) shall 
            jointly request the President to convene Congress in order 
            that it may consider the report and take appropriate action 
            pursuant to this section.
            (b) Termination of use of United States Armed Forces; 
                exceptions; extension period
                Within sixty calendar days after a report is submitted 
            or is required to be submitted pursuant to section 
            1543(a)(1) of this title, whichever is earlier, the 
            President shall terminate any use of United States Armed 
            Forces with respect to which such report was submitted (or 
            required to be submitted), unless the Congress (1) has 
            declared war or has enacted a specific authorization for 
            such use of United States Armed Forces, (2) has extended by 
            law such sixty-day period, or (3) is physically unable to 
            meet as a result of an armed attack upon the United States. 
            Such sixty-day period shall be extended for not more than an 
            additional thirty days if the President determines and 
            certifies to the Congress in writing that unavoidable 
            military necessity respecting the safety of United States 
            Armed Forces requires the continued use of such armed forces 
            in the course of bringing about a prompt removal of such 
            forces.
            (c) Concurrent resolution for removal by President of United 
                States Armed Forces
                Notwithstanding subsection (b), at any time that United 
            States Armed Forces are engaged in hostilities outside the 
            territory of the United States, its possessions and 
            territories without a declaration of war or specific 
            statutory authorization, such forces shall be removed by the 
            President if the Congress so directs by concurrent 
            resolution. (Pub. L. 93-148, Sec. 5, Nov. 7, 1973, 87 Stat. 
            556.)
       416  Sec. 1545. Congressional priority procedures for joint 
                resolution or bill
            (a) Time requirement; referral to Congressional committee; 
                single report
                Any joint resolution or bill introduced pursuant to 
            section 1544(b) of this title at least thirty calendar days 
            before the expiration of the sixty-day period specified in 
            such section shall be referred to the Committee on Foreign 
            Affairs of the House of Representatives or the Committee on 
            Foreign Relations of the Senate, as the case may be, and 
            such committee shall report one such joint resolution or 
            bill, together with its recommendations, not later than 
            twenty-four calendar days before the expiration of the 
            sixty-day period specified in such section, unless such 
            House shall otherwise determine by the yeas and nays.
            (b) Pending business; vote
                Any joint resolution or bill 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

[[Page 504]]

            opponents), and shall be voted on within three calendar days 
            thereafter, unless such House shall otherwise determine by 
            yeas and nays.
            (c) Referral to other House committee
                Such a joint resolution or bill passed by one House 
            shall be referred to the committee of the other House named 
            in subsection (a) and shall be reported out not later than 
            fourteen calendar days before the expiration of the sixty-
            day period specified in section 1544(b) of this title. The 
            joint resolution or bill so reported shall become the 
            pending business of the House in question and shall be voted 
            on within three calendar days after it has been reported, 
            unless such House shall otherwise determine by yeas and 
            nays.
            (d) Disagreement between Houses
                In the case of any disagreement between the two Houses 
            of Congress with respect to a joint resolution or bill 
            passed by both Houses, conferees shall be promptly appointed 
            and the committee of conference shall make and file a report 
            with respect to such resolution or bill not later than four 
            calendar days before the expiration of the sixty-day period 
            specified in section 1544(b) of this title. In the event the 
            conferees are unable to agree within 48 hours, they shall 
            report back to their respective Houses in disagreement. 
            Notwithstanding any rule in either House concerning the 
            printing of conference reports in the Record or concerning 
            any delay in the consideration of such reports, such report 
            shall be acted on by both Houses not later than the 
            expiration of such sixty-day period. (Pub. L. 93-148, 
            Sec. 6, Nov. 7, 1973, 87 Stat. 557.)
       417  Sec. 1546. Congressional priority procedures for concurrent 
                resolution
            (a) Referral to Congressional committee; single report
                Any concurrent resolution introduced pursuant to section 
            1544(c) of this title shall be referred to the Committee on 
            Foreign Affairs of the House of Representatives or the 
            Committee on Foreign Relations of the Senate, as the case 
            may be, and one such concurrent resolution shall be reported 
            out by such committee together with its recommendations 
            within fifteen calendar days, unless such House shall 
            otherwise determine by the yeas and nays.
            (b) Pending business; vote
                Any concurrent 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 thereafter, unless such House 
            shall otherwise determine by yeas and nays.
            (c) Referral to other House committee
                Such a concurrent resolution passed by one House shall 
            be referred to the committee of the other House named in 
            subsection (a) and shall be reported out by such committee 
            together with its recommendations within fifteen calendar 
            days and shall thereupon become the pending business of such 
            House and shall be voted upon within three calendar days, 
            unless such House shall otherwise determine by yeas and 
            nays.

[[Page 505]]

            (d) Disagreement between Houses
                In the case of any disagreement between the two Houses 
            of Congress with respect to a concurrent 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 concurrent resolution within six 
            calendar days after the legislation is referred to the 
            committee of conference. Notwithstanding any rule in either 
            House concerning the printing of conference reports in the 
            Record 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 event the conferees are unable to agree within 
            48 hours, they shall report back to their respective Houses 
            in disagreement. (Pub. L. 93-148, Sec. 7, Nov. 7, 1973, 87 
            Stat. 557.)
       418  Sec. 1546a. Expedited procedures for certain joint 
                resolutions and bills
                Any joint resolution or bill introduced in either House 
            which requires the removal of United States Armed Forces 
            engaged in hostilities outside the territory of the United 
            States, its possessions and territories, without a 
            declaration of war or specific statutory authorization shall 
            be considered in accordance with the procedures of section 
            601(b) of the International Security Assistance and Arms 
            Export Control Act of 1976,\26\ except that any such 
            resolution or bill shall be amendable. If such a joint 
            resolution or bill should be vetoed by the President, the 
            time for debate in consideration of the veto message on such 
            measure shall be limited to twenty hours in the Senate and 
            in the House shall be determined in accordance with the 
            Rules of the House.(Pub. L. 98-164, Title X, Sec. 1013, Nov. 
            22, 1983, 97 Stat. 1062.)
                \26\ Id.

            
                          Chapter 34--NATIONAL EMERGENCIES

       419  Sec. 1621. Declaration of national emergency by President; 
                publication in Federal Register; effect on other laws; 
                superseding legislation
                (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 chapter. No law enacted 
            after September 14, 1976, shall supersede this subchapter 
            unless it does so in specific terms, referring to this 
            subchapter, and declaring that the new law supersedes the 
            provisions of this subchapter. (Pub. L. 94-412, Title II, 
            Sec. 201, Sept. 14, 1976, 90 Stat. 1255.)

[[Page 506]]


       420  Sec. 1622. National emergencies
            (a) Termination methods
                Any national emergency declared by the President in 
            accordance with this subchapter 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) Termination review of national emergencies by Congress
                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) Joint resolution; referral to Congressional committees; 
                conference committee in event of disagreement; filing of 
                report; termination procedure deemed part of rules of 
                House and Senate
                            (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 with 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

[[Page 507]]

                        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, 
                        subsection (b) of this section, and section 
                        1651(b) of this title 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. 
                            (Pub. L. 94-412, Title II, Sec. 202, Sept. 
                            14, 1976, 90 Stat. 1255; Pub. L. 99-93, 
                            Title VIII, Sec. 801, Aug. 16, 1985, 99 
                            Stat. 448.)

                                    * * * * * * *

            
                 Chapter 35--INTERNATIONAL EMERGENCY ECONOMIC POWERS

       421  Sec. 1701 note. Burmese freedom and democracy

                                    * * * * * * *

            Sec. 9 Duration of Sanctions
                (a) Termination by Request From Democratic Burma.--The 
            President may terminate any provision in this Act upon the 
            request of a democratically elected government in Burma, 
            provided that all the conditions in section 3(a)(3) have 
            been met.
                (b) Continuation of Import Sanctions.--
                            (1) Expiration.--The import restrictions 
                        contained in section 3(a)(1) shall expire 1 year 
                        from the date of enactment of this Act [July 28, 
                        2003] unless renewed under paragraph (2) of this 
                        section [subsection].
                            (2) Resolution by congress.--The import 
                        restrictions contained in section 3(a)(1) may be 
                        renewed annually for a 1-year period if, prior 
                        to the anniversary of the date of enactment of 
                        this Act, and each year thereafter, a renewal 
                        resolution is enacted into law in accordance 
                        with subsection (c).

[[Page 508]]

                            (3) Limitation.--The import restrictions 
                        contained in section 3(a)(1) may be renewed for 
                        a maximum of twelve years from the date of the 
                        enactment of this Act [July 28, 2003].
                            (4) Rule of construction.--For purposes of 
                        this subsection, any reference to section 
                        3(a)(1) shall be deemed to include a reference 
                        to section 3A(b)(1) and (c)(1).
                (c) Renewal Resolutions.--
                            (1) In general.--For purposes of this 
                        section, the term `renewal resolution' means a 
                        joint resolution of the 2 Houses of Congress, 
                        the sole matter after the resolving clause of 
                        which is as follows: `That Congress approves the 
                        renewal of the import restrictions contained in 
                        section 3(a)(1) and section 3A(b)(1) and (c)(1) 
                        of the Burmese Freedom and Democracy Act of 
                        2003.'.
                            (2) Procedures.--

                                (A) In general.--A renewal resolution--

                                        (i) may be introduced in either 
                                    House of Congress by any member of 
                                    such House at any time within the 
                                    90-day period before the expiration 
                                    of the import restrictions contained 
                                    in section 3(a)(1) and section 
                                    3A(b)(1) and (c)(1); and

                                        (ii) the provisions of 
                                    subparagraph (B) shall apply.

                                (B) Expedited consideration.--The 
                            provisions of section 152(b), (c), (d), (e), 
                            and (f) of the Trade Act of 1974 (19 U.S.C. 
                            2192 (b), (c), (d), (e), and (f)) apply to a 
                            renewal resolution under this Act as if such 
                            resolution were a resolution described in 
                            section 152(a) of the Trade Act of 1974. 
                            (Pub. L. 112-192, Oct. 5, 2012, 126 Stat. 
                            1441, as amended by Pub. L. 113-235, div. J, 
                            Title VII, Sec. 7043(b)(8)(A), Dec. 16, 
                            2014, 128 Stat. 2648.)

       422  Sec. 1702. Presidential authorities
            (a) In general
                (1) At the times and to the extent specified in section 
            1701 of this title, the President may, under such 
            regulations as he may prescribe, by means of instructions, 
            licenses, or otherwise--
                            (A) investigate, regulate, or prohibit--

                                (i) any transactions in foreign 
                            exchange,

                                (ii) transfers of credit or payments 
                            between, by, through, or to any banking 
                            institution, to the extent that such 
                            transfers or payments involve any interest 
                            of any foreign country or a national 
                            thereof,

                                (iii) the importing or exporting of 
                            currency or securities, by any person, or 
                            with respect to any property, subject to the 
                            jurisdiction of the United States;

                            (B) investigate, block during the pendency 
                        of an investigation, regulate, direct and 
                        compel, nullify, void, prevent or prohibit, any 
                        acquisition, holding, withholding, use, 
                        transfer, withdrawal, transportation, 
                        importation or exportation of, or dealing in, or 
                        exercising any right, power, or privilege with 
                        respect to, or transactions involving, any 
                        property in which any foreign country or a 
                        national thereof has any interest by any person, 
                        or with respect to any property, subject to the 
                        jurisdiction of the United States; and.1
                            (C) when the United States is engaged in 
                        armed hostilities or has been attacked by a 
                        foreign country or foreign nationals, con

[[Page 509]]

                        fiscate any property, subject to the 
                        jurisdiction of the United States, of any 
                        foreign person, foreign organization, or foreign 
                        country that he determines has planned, 
                        authorized, aided, or engaged in such 
                        hostilities or attacks against the United 
                        States; and all right, title, and interest in 
                        any property so confiscated shall vest, when, 
                        as, and upon the terms directed by the 
                        President, in such agency or person as the 
                        President may designate from time to time, and 
                        upon such terms and conditions as the President 
                        may prescribe, such interest or property shall 
                        be held, used, administered, liquidated, sold, 
                        or otherwise dealt with in the interest of and 
                        for the benefit of the United States, and such 
                        designated agency or person may perform any and 
                        all acts incident to the accomplishment or 
                        furtherance of these purposes. (Pub. L. 95-223, 
                        Title II, Sec. 203, Dec. 28, 1977, 91 Stat. 
                        1626; Pub. L. 100-418, Title II, 
                        Sec. 2502(b)(1), Aug. 23, 1988, 102 Stat. 1371; 
                        Pub. L. 103-236, Title V, Sec. 525(c)(1), Apr. 
                        30, 1994, 108 Stat. 474; Pub. L. 107-56, Title 
                        I, Sec. 106, Oct. 26, 2001, 115 Stat. 277.)

                                    * * * * * * *

       423  Sec. 1706. Savings provisions
            (a) Termination of national emergencies pursuant to National 
                Emergencies Act
                (1) Except as provided in subsection (b), 
            notwithstanding the termination pursuant to the National 
            Emergencies Act [50 U.S.C. 1601 et seq.] of a national 
            emergency declared for purposes of this chapter, any 
            authorities granted by this chapter, which are exercised on 
            the date of such termination on the basis of such national 
            emergency to prohibit transactions involving property in 
            which a foreign country or national thereof has any 
            interest, may continue to be so exercised to prohibit 
            transactions involving that property if the President 
            determines that the continuation of such prohibition with 
            respect to that property is necessary on account of claims 
            involving such country or its nationals.
                (2) Notwithstanding the termination of the authorities 
            described in section 101(b) of this Act, any such 
            authorities, which are exercised with respect to a country 
            on the date of such termination to prohibit transactions 
            involving any property in which such country or any national 
            thereof has any interest, may continue to be exercised to 
            prohibit transactions involving that property if the 
            President determines that the continuation of such 
            prohibition with respect to that property is necessary on 
            account of claims involving such country or its nationals.
            (b) Congressional termination of national emergencies by 
                concurrent resolution
                The authorities described in subsection (a)(1) may not 
            continue to be exercised under this section if the national 
            emergency is terminated by the Congress by concurrent 
            resolution pursuant to section 202 of the National 
            Emergencies Act [50 U.S.C. 1622] and if the Congress 
            specifies in such concurrent resolution that such 
            authorities may not continue to be exercised under this 
            section.

[[Page 510]]

            (c) Supplemental savings provisions; supersedure of 
                inconsistent provisions
                (1) The provisions of this section are supplemental to 
            the savings provisions of paragraphs (1), (2), and (3) of 
            section 101(a) [50 U.S.C. 1601(a)(1), (2), (3)] and of 
            paragraphs (A), (B), and (C) of section 202(a) [50 U.S.C. 
            1622(a)(A), (B), and (C)] of the National Emergencies Act.
                (2) The provisions of this section supersede the 
            termination provisions of section 101(a) [50 U.S.C. 1601(a)] 
            and of title II [50 U.S.C. 1621 et seq.] of the National 
            Emergencies Act to the extent that the provisions of this 
            section are inconsistent with these provisions.
            (d) Periodic reports to Congress
                If the President uses the authority of this section to 
            continue prohibitions on transactions involving foreign 
            property interests, he shall report to the Congress every 
            six months on the use of such authority. (Pub. L. 95-223, 
            Title II, Sec. 207, Dec. 28, 1977, 91 Stat. 1628.)
                  51 u.s.c.--national and commercial space programs

                   united states senate procedures enacted in law