[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