U.S. Code
»
Title 50
» Chapter CHAPTER 34— NATIONAL EMERGENCIES › Subchapter SUBCHAPTER II— DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
50 U.S.C. § 1622
National emergencies
(a) Termination methodsAny 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 CongressNot 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 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.(d) Automatic termination of national emergency; continuation notice from President to Congress; publication in Federal RegisterAny 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.
(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.)Editorial NotesAmendments1985—Subsecs. (a) to (c). Pub. L. 99–93 substituted “there is enacted into law a joint resolution terminating the emergency” for “Congress terminates the emergency by concurrent resolution” in par. (1) of subsec. (a), and substituted “joint resolution” for “concurrent resolution” wherever appearing in second sentence of subsec. (a), subsec. (b), and pars. (1) to (4) of subsec. (c).
Notes of Decisions
United States v. Amirnazmi, 645 F.3d 564 (3rd Cir. 2011).
· cites it 6× “The linchpin of Amirnazmi’s claim is 50 U.S.C. § 1622 (b), which reads: “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…”
Regan v. Wald, 468 U.S. 222 (1984).
· cites it 4× “See 50 U. S. C. §§ 1622 (b), 1641(c). With respect to grandfathered authorities, the grandfather clause requires only that the President find continued exercise of the authority to be in the national interest.”
Immigr. & Naturalization Serv. v. Chadha, 462 U.S. 919 (1983).
· cites it 2× “1255 , 50 U. S. C. § 1622 , resolving the longstanding problems with unchecked Executive emergency power; the International Security Assistance and Arms Export Control Act, § 211, 90 Stat.”
State of California v. Donald Trump, 963 F.3d 926 (9th Cir. 2020).
· cites it 2× “3 Subsequently, Congress adopted two joint resolutions terminating the President’s emergency declaration pursuant to its authority under 50 U.S.C. § 1622 (a)(1). The President vetoed each resolution, and Congress failed to override these vetoes.”
Beacon Prods. Corp. v. Reagan, 633 F. Supp. 1191 (D. Mass. 1986).
· cites it 4× “50 U.S.C. § 1622 (a). Title II also provides for automatic termination if the President fails to transmit notice to Congress of a continuation of the emergency within ninety days of the anniversary of the emergency declaration.”
Sierra Club v. Donald Trump, 963 F.3d 874 (9th Cir. 2020).
“5 Executive 4 Subsequently, Congress adopted two joint resolutions terminating the President’s emergency declaration pursuant to its authority under 50 U.S.C. § 1622 (a)(1). The President vetoed each resolution, and Congress failed to override these vetoes.”
Nat'l Oil Corp. v. Libyan Sun Oil Co., 733 F. Supp. 800 (D. Del. 1990).
“On January 4, 1990, in accordance with the requirements of the National Emergencies Act, 50 U.S.C. § 1622 (d) (West Supp.1989); see also IEEPA, 50 U.”
United States v. Dhafir, 461 F.3d 211 (2d Cir. 2006).
· cites it 3× “Congress can terminate the President’s declaration of emergency “by concurrent resolution pursuant to section 202 of the National Emergencies Act [50 USCS § 1622].” 50 U.S.C. § 1706 (b) (emendation in original).”
Beacon Prods. Corp. v. Ronald Wilson Reagan, 814 F.2d 1 (1st Cir. 1987).
· cites it 3× “§ 1621 (a) (prescribing procedures for declaring an emergency) with 50 U.S.C. § 1622 (d) (prescribing procedures for continuing an emergency).”
Weiss v. United States, 146 F. Supp. 2d 113 (D. Mass. 2001).
“§§ 1601-1651 ) which requires the President annually to renew declared national emergencies, 50 U.S.C. § 1622 (d), and also to specify the emergency powers that he proposes to exercise, 50 U.”
United States v. Manuel Romero-Fernandez, Ondina Maria Sosa, 983 F.2d 195 (11th Cir. 1993).
“The legislative veto challenged by Romero-Fernandez and Sosa provides that: The authorities described in subsection (a)(1) of this section may not continue to be exercised under this section if the national emergency is terminated by the Congress by concurrent resolution…”
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