The National Emergencies Act

PUBLIC LAW 94-412—SEPT. 14, 1976 90 STAT. 1255

Public Law 94-412

94th Congress

An Act

To terminate certain authorities with respect to national emergencies still in effect, and to provide for orderly implementation and termination of future national emergencies.

Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That this Act may be cited as the "Xational Emergencies Act".

TITLE I—TERMINATING EXISTING DECLARED EMERGENCIES

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 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 wereincurred 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 effect."the President.

TITLE II—DECLARATIONS OF FUTURE NATIONAL EMERGENCIESSEC.

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.

SEC. 202.

(a) Any national emergency declared by the President in accordance with this title shall terminate if—
(1) Congress terminates the emergency by concurrent resolution ; 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 concurrent 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 con- cluded 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 concurrent resolution to determine whether that emergency shall be terminated.
(c) (1) A concurrent 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 concurrent 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 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 after the day on which such resolution is reported, unless such House shall otherwise determine by yeas and nays.
(3) Such a concurrent 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.
(4) 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 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 ( l ) - ( 4 ) of this subsection, 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.

TITLE III - EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

SEC. 301.

When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress.

TITLE IV — ACCOUNTABILITY AND REPORTING REQUIREMENTS OF THE PRESIDENT

SEC. 401.

(a) When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintain- ing a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations.

(b) All such significant orders of the President, including Execu- tive orders, and such rules and regulations shall be transmitted to the Congress promptly under means to assure confidentiality where appropriate.

(c) When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Govern- ment during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emer- gency or war, the President shall transmit a final report on all such expenditures.

TITLE V—EEPEAL AND CONTINUATION OF CERTAIN EMERGENCY POWER AND OTHER STATUTES

SEC. 501.

(a) Section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)) is amended—
(1) at the end of paragraph (9), by striking out "; or" and inserting in lieu thereof a period; and
(2) by striking out paragraph (10).
(b) Section 2667(b) of title 10 of the United States Code is amended—
(1) by inserting "and" at the end of paragraph (3);
(2) by striking out paragraph (4) ; and
(3) by redesignating paragraph (5) as (4).
(c) The joint resokition entitled "Joint resolution to authorize the temporary continuation of regulation of consumer credit", approved August 8,1947 (12 U.S.C. 249), is repealed.
(d) Section 5(m) of the Tennessee Valley Authority Act of 1933 as amended (16 U.S.C. 831d(m)) is repealed.
(e) Section 1383 of title 18, United States Code, is repealed.
(f) Section 6 of the Act entitled "An Act to amend the Public Health Service Act in regard to certain matters of personnel and administration, and for other purposes", approved February 28,1948, is amended by striking out subsections (b), (c), (d), (e), and (f) (42 U.S.C. 211b).
(g) Section 9 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1742) is repealed.
(h) This section shall not affect—
(1) any action taken or proceeding pending not finally concluded or determined at the time of repeal;
(2) any action or proceeding based on any act committed prior to repeal; or
(3) any rights or duties that matured or penalties that were incurred prior to repeal.

SEC. 502.

(a) The provisions of this Act shall not apply to the following provisions of law. the powers and authorities conferred thereby, and actions taken thereunder:
(1) Section 5(b) of the Act of October 6,1917, as amended (12 U.S.C. 95a; 50 U.S.C. App. 5 ( b ) ) ;
(2) Act of April 28.1942 (40 U.S.C. 278b);
(3) Act of June 30,1949 (41 U.S.C. 252) ;
(4) Section 3477 of the Revised Statutes, as amended (31 U.S.C. 203);
(5) Section 3737 of the Revised Statutes, as amended (41 U.S.C. 15);
(6) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431-1435);
(7) Section 2304(a) (1) of title 10, United States Code;
(8) Sections 3313, 6386(c), and 8313 of title 10, United States Code.

PUBLIC LAW 94-412—SEPT. 14, 1976 90 STAT. 1259
(b) Each committee of the House of Representatives and the Senate having jurisdiction with respect to any provision of law referred in subsection (a) of this section shall make a complete study and investigation concerning that provision of law and make a report, including any recommendations and proposed revisions such committee may have, to its respective House of Congress within two hundred and seventy days after the date of enactment of this Act.

Approved September 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-238 (Comm. on the Judiciary).
SENATE REPORT No. 94-1168 (Comm. on Government Operations).
CONGRESSIONAL RECORD:
VoL 121 (1975): Sept. 4, considered and passed House.
Vol. 122 (1976): Aug. 27, considered and passed Senate, amended.
Aug. 31, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 12, No. 38 (1976): Sept. 14, Presidential statement