50 U.S.C. § 1622 — National emergencies
submitted 50 years ago by Pub. L. 94-412 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 832 words · no verdicts yet
A presidential national emergency ends through a joint resolution, a presidential proclamation, or automatically when the President fails to send the required continuation notice. Congress must review a continuing emergency every six months.
(a) A national emergency declared under this subchapter ends when Congress enacts a joint resolution ending it or the President issues a terminating proclamation. It ends on the earlier date stated in either document. Emergency powers then stop being used. The ending does not affect (A) actions already taken or proceedings still pending and not finally decided; (B) actions or proceedings based on conduct before that date; or (C) rights or duties that had matured or penalties incurred before that date.
(b) Within six months after the declaration, and by the end of every later six-month period while the emergency continues, each House must meet to consider voting on a joint resolution deciding whether to end it.
(c)(1) A terminating joint resolution goes to the appropriate House or Senate committee. The committee must report one, with recommendations, within 15 calendar days unless that House decides otherwise by yeas and nays. (2) The reported resolution becomes pending business and must be voted on within three calendar days; Senate debate is divided equally between supporters and opponents. The House may set a different time by yeas and nays. (3) A resolution passed by one House goes to the other House's appropriate committee, which must report it within 15 days; that House must vote within three days after the report, unless it decides otherwise by yeas and nays. (4) If the Houses disagree, conferees must be appointed promptly. They must file a conference report within six calendar days after appointment, and both Houses must act on it within six days after it is first filed. If they cannot agree within 48 hours, they must report disagreement. (5) Paragraphs (1)-(4), subsection (b), and section 1651(b) are enacted as House and Senate rulemaking provisions. They are part of each House's rules for these resolutions and override inconsistent rules, while either House retains its constitutional power to change its rules.
(d) An emergency not otherwise ended ends on its declaration anniversary unless, during the 90 days before that anniversary, the President publishes in the Federal Register and sends Congress a notice that it will continue.
Any national emergency declared by the President in accordance with this subchapter shall terminate if—
there is enacted into law a joint resolution terminating the emergency; or
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—
any action taken or proceeding pending not finally concluded or determined on such date;
any action or proceeding based on any act committed prior to such date; or
any rights or duties that matured or penalties that were incurred prior to such date.
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.
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.
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.
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 calendar days after the day on which such resolution is reported, unless such House shall otherwise determine by yeas and nays.
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.
Paragraphs (1)–(4) of this subsection, subsection (b) of this section, and section 1651(b) of this title are enacted by Congress—
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
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.
Any national emergency declared by the President in accordance with this subchapter, 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.
Source credit: (Pub. L. 94–412, title II, § 202, Sept. 14, 1976, 90 Stat. 1255; Pub. L. 99–93, title VIII, § 801, Aug. 16, 1985, 99 Stat. 448.)
- 1976Enacted · Pub. L. 94-412 · 90 Stat. 1255
- 1985Amended · Pub. L. 99-93 · 99 Stat. 448
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-412 on 1976-09-14.
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