Columnist talks about continuity of federal government operations

rtsp://video.c-span.org/15days/wj052507_corsi.rm

Jerome Corsi, WorldNetDaily.com, Columnist Jerome Corsi, WorldNetDaily.com, Columnist talks about continuity of federal government operations in case of a national emergency. Earlier this month, the White House issued a national security and homeland security directive, which grants the President new powers in the event of a catastrophic emergency and establishes a National Continuity Coordinator to be prepared for these situations.
5/25/2007: WASHINGTON, DC: 1 hr.

NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD 51
HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-20

Subject: National Continuity Policy

Purpose

(1) This directive establishes a comprehensive national policy on the continuity of Federal Government structures and operations and a single National Continuity Coordinator responsible for coordinating the development and implementation of Federal continuity policies. This policy establishes “National Essential Functions,” prescribes continuity requirements for all executive departments and agencies, and provides guidance for State, local, territorial, and tribal governments, and private sector organizations in order to ensure a comprehensive and integrated national continuity program that will enhance the credibility of our national security posture and enable a more rapid and effective response to and recovery from a national emergency.

Definitions

(2) In this directive:

(a) “Category” refers to the categories of executive departments and agencies listed in Annex A to this directive;

(b) “Catastrophic Emergency” means any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions;

(c) “Continuity of Government,” or “COG,” means a coordinated effort within the Federal Government’s executive branch to ensure that National Essential Functions continue to be performed during a Catastrophic Emergency;

(d) “Continuity of Operations,” or “COOP,” means an effort within individual executive departments and agencies to ensure that Primary Mission-Essential Functions continue to be performed during a wide range of emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies;

(e) “Enduring Constitutional Government,” or “ECG,” means a cooperative effort among the executive, legislative, and judicial branches of the Federal Government, coordinated by the President, as a matter of comity with respect to the legislative and judicial branches and with proper respect for the constitutional separation of powers among the branches, to preserve the constitutional framework under which the Nation is governed and the capability of all three branches of government to execute constitutional responsibilities and provide for orderly succession, appropriate transition of leadership, and interoperability and support of the National Essential Functions during a catastrophic emergency;

(f) “Executive Departments and Agencies” means the executive departments enumerated in 5 U.S.C. 101, independent establishments as defined by 5 U.S.C. 104(1), Government corporations as defined by 5 U.S.C. 103(1), and the United States Postal Service;

(g) “Government Functions” means the collective functions of the heads of executive departments and agencies as defined by statute, regulation, presidential direction, or other legal authority, and the functions of the legislative and judicial branches;

(h) “National Essential Functions,” or “NEFs,” means that subset of Government Functions that are necessary to lead and sustain the Nation during a catastrophic emergency and that, therefore, must be supported through COOP and COG capabilities; and

(i) “Primary Mission Essential Functions,” or “PMEFs,” means those Government Functions that must be performed in order to support or implement the performance of NEFs before, during, and in the aftermath of an emergency.

Policy

(3) It is the policy of the United States to maintain a comprehensive and effective continuity capability composed of Continuity of Operations and Continuity of Government programs in order to ensure the preservation of our form of government under the Constitution and the continuing performance of National Essential Functions under all conditions.

Implementation Actions

(4) Continuity requirements shall be incorporated into daily operations of all executive departments and agencies. As a result of the asymmetric threat environment, adequate warning of potential emergencies that could pose a significant risk to the homeland might not be available, and therefore all continuity planning shall be based on the assumption that no such warning will be received. Emphasis will be placed upon geographic dispersion of leadership, staff, and infrastructure in order to increase survivability and maintain uninterrupted Government Functions. Risk management principles shall be applied to ensure that appropriate operational readiness decisions are based on the probability of an attack or other incident and its consequences.

(5) The following NEFs are the foundation for all continuity programs and capabilities and represent the overarching responsibilities of the Federal Government to lead and sustain the Nation during a crisis, and therefore sustaining the following NEFs shall be the primary focus of the Federal Government leadership during and in the aftermath of an emergency that adversely affects the performance of Government Functions:

(a) Ensuring the continued functioning of our form of government under the Constitution, including the functioning of the three separate branches of government;

(b) Providing leadership visible to the Nation and the world and maintaining the trust and confidence of the American people;

(c) Defending the Constitution of the United States against all enemies, foreign and domestic, and preventing or interdicting attacks against the United States or its people, property, or interests;

(d) Maintaining and fostering effective relationships with foreign nations;

(e) Protecting against threats to the homeland and bringing to justice perpetrators of crimes or attacks against the United States or its people, property, or interests;

(f) Providing rapid and effective response to and recovery from the domestic consequences of an attack or other incident;

(g) Protecting and stabilizing the Nation’s economy and ensuring public confidence in its financial systems; and

(h) Providing for critical Federal Government services that address the national health, safety, and welfare needs of the United States.

(6) The President shall lead the activities of the Federal Government for ensuring constitutional government. In order to advise and assist the President in that function, the Assistant to the President for Homeland Security and Counterterrorism (APHS/CT) is hereby designated as the National Continuity Coordinator. The National Continuity Coordinator, in coordination with the Assistant to the President for National Security Affairs (APNSA), without exercising directive authority, shall coordinate the development and implementation of continuity policy for executive departments and agencies. The Continuity Policy Coordination Committee (CPCC), chaired by a Senior Director from the Homeland Security Council staff, designated by the National Continuity Coordinator, shall be the main day-to-day forum for such policy coordination.

(7) For continuity purposes, each executive department and agency is assigned to a category in accordance with the nature and characteristics of its national security roles and responsibilities in support of the Federal Government’s ability to sustain the NEFs. The Secretary of Homeland Security shall serve as the President’s lead agent for coordinating overall continuity operations and activities of executive departments and agencies, and in such role shall perform the responsibilities set forth for the Secretary in sections 10 and 16 of this directive.

(8) The National Continuity Coordinator, in consultation with the heads of appropriate executive departments and agencies, will lead the development of a National Continuity Implementation Plan (Plan), which shall include prioritized goals and objectives, a concept of operations, performance metrics by which to measure continuity readiness, procedures for continuity and incident management activities, and clear direction to executive department and agency continuity coordinators, as well as guidance to promote interoperability of Federal Government continuity programs and procedures with State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate. The Plan shall be submitted to the President for approval not later than 90 days after the date of this directive.

(9) Recognizing that each branch of the Federal Government is responsible for its own continuity programs, an official designated by the Chief of Staff to the President shall ensure that the executive branch’s COOP and COG policies in support of ECG efforts are appropriately coordinated with those of the legislative and judicial branches in order to ensure interoperability and allocate national assets efficiently to maintain a functioning Federal Government.

(10) Federal Government COOP, COG, and ECG plans and operations shall be appropriately integrated with the emergency plans and capabilities of State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate, in order to promote interoperability and to prevent redundancies and conflicting lines of authority. The Secretary of Homeland Security shall coordinate the integration of Federal continuity plans and operations with State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate, in order to provide for the delivery of essential services during an emergency.

(11) Continuity requirements for the Executive Office of the President (EOP) and executive departments and agencies shall include the following:

(a) The continuation of the performance of PMEFs during any emergency must be for a period up to 30 days or until normal operations can be resumed, and the capability to be fully operational at alternate sites as soon as possible after the occurrence of an emergency, but not later than 12 hours after COOP activation;

(b) Succession orders and pre-planned devolution of authorities that ensure the emergency delegation of authority must be planned and documented in advance in accordance with applicable law;

(d) Provision must be made for the acquisition of the resources necessary for continuity operations on an emergency basis;

(e) Provision must be made for the availability and redundancy of critical communications capabilities at alternate sites in order to support connectivity between and among key government leadership, internal elements, other executive departments and agencies, critical partners, and the public;

(f) Provision must be made for reconstitution capabilities that allow for recovery from a catastrophic emergency and resumption of normal operations; and

(g) Provision must be made for the identification, training, and preparedness of personnel capable of relocating to alternate facilities to support the continuation of the performance of PMEFs.

(12) In order to provide a coordinated response to escalating threat levels or actual emergencies, the Continuity of Government Readiness Conditions (COGCON) system establishes executive branch continuity program readiness levels, focusing on possible threats to the National Capital Region. The President will determine and issue the COGCON Level. Executive departments and agencies shall comply with the requirements and assigned responsibilities under the COGCON program. During COOP activation, executive departments and agencies shall report their readiness status to the Secretary of Homeland Security or the Secretary’s designee.

(13) The Director of the Office of Management and Budget shall:

(a) Conduct an annual assessment of executive department and agency continuity funding requests and performance data that are submitted by executive departments and agencies as part of the annual budget request process, in order to monitor progress in the implementation of the Plan and the execution of continuity budgets;

(b) In coordination with the National Continuity Coordinator, issue annual continuity planning guidance for the development of continuity budget requests; and

(c) Ensure that heads of executive departments and agencies prioritize budget resources for continuity capabilities, consistent with this directive.

(14) The Director of the Office of Science and Technology Policy shall:

(a) Define and issue minimum requirements for continuity communications for executive departments and agencies, in consultation with the APHS/CT, the APNSA, the Director of the Office of Management and Budget, and the Chief of Staff to the President;

(b) Establish requirements for, and monitor the development, implementation, and maintenance of, a comprehensive communications architecture to integrate continuity components, in consultation with the APHS/CT, the APNSA, the Director of the Office of Management and Budget, and the Chief of Staff to the President; and

(c) Review quarterly and annual assessments of continuity communications capabilities, as prepared pursuant to section 16(d) of this directive or otherwise, and report the results and recommended remedial actions to the National Continuity Coordinator.

(15) An official designated by the Chief of Staff to the President shall:

(a) Advise the President, the Chief of Staff to the President, the APHS/CT, and the APNSA on COGCON operational execution options; and

(b) Consult with the Secretary of Homeland Security in order to ensure synchronization and integration of continuity activities among the four categories of executive departments and agencies.

(16) The Secretary of Homeland Security shall:

(a) Coordinate the implementation, execution, and assessment of continuity operations and activities;

(b) Develop and promulgate Federal Continuity Directives in order to establish continuity planning requirements for executive departments and agencies;

(c) Conduct biennial assessments of individual department and agency continuity capabilities as prescribed by the Plan and report the results to the President through the APHS/CT;

(d) Conduct quarterly and annual assessments of continuity communications capabilities in consultation with an official designated by the Chief of Staff to the President;

(e) Develop, lead, and conduct a Federal continuity training and exercise program, which shall be incorporated into the National Exercise Program developed pursuant to Homeland Security Presidential Directive-8 of December 17, 2003 (”National Preparedness”), in consultation with an official designated by the Chief of Staff to the President;

(f) Develop and promulgate continuity planning guidance to State, local, territorial, and tribal governments, and private sector critical infrastructure owners and operators;

(g) Make available continuity planning and exercise funding, in the form of grants as provided by law, to State, local, territorial, and tribal governments, and private sector critical infrastructure owners and operators; and

(h) As Executive Agent of the National Communications System, develop, implement, and maintain a comprehensive continuity communications architecture.

(17) The Director of National Intelligence, in coordination with the Attorney General and the Secretary of Homeland Security, shall produce a biennial assessment of the foreign and domestic threats to the Nation’s continuity of government.

(18) The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall provide secure, integrated, Continuity of Government communications to the President, the Vice President, and, at a minimum, Category I executive departments and agencies.

(19) Heads of executive departments and agencies shall execute their respective department or agency COOP plans in response to a localized emergency and shall:

(a) Appoint a senior accountable official, at the Assistant Secretary level, as the Continuity Coordinator for the department or agency;

(b) Identify and submit to the National Continuity Coordinator the list of PMEFs for the department or agency and develop continuity plans in support of the NEFs and the continuation of essential functions under all conditions;

(d) Plan, conduct, and support annual tests and training, in consultation with the Secretary of Homeland Security, in order to evaluate program readiness and ensure adequacy and viability of continuity plans and communications systems; and

(e) Support other continuity requirements, as assigned by category, in accordance with the nature and characteristics of its national security roles and responsibilities

General Provisions

(20) This directive shall be implemented in a manner that is consistent with, and facilitates effective implementation of, provisions of the Constitution concerning succession to the Presidency or the exercise of its powers, and the Presidential Succession Act of 1947 (3 U.S.C. 19), with consultation of the Vice President and, as appropriate, others involved. Heads of executive departments and agencies shall ensure that appropriate support is available to the Vice President and others involved as necessary to be prepared at all times to implement those provisions.

(21) This directive:

(a) Shall be implemented consistent with applicable law and the authorities of agencies, or heads of agencies, vested by law, and subject to the availability of appropriations;

(b) Shall not be construed to impair or otherwise affect (i) the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals, or (ii) the authority of the Secretary of Defense over the Department of Defense, including the chain of command for military forces from the President, to the Secretary of Defense, to the commander of military forces, or military command and control procedures; and

(c) Is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.

(22) Revocation. Presidential Decision Directive 67 of October 21, 1998 (”Enduring Constitutional Government and Continuity of Government Operations”), including all Annexes thereto, is hereby revoked.

(23) Annex A and the classified Continuity Annexes, attached hereto, are hereby incorporated into and made a part of this directive.

(24) Security. This directive and the information contained herein shall be protected from unauthorized disclosure, provided that, except for Annex A, the Annexes attached to this directive are classified and shall be accorded appropriate handling, consistent with applicable Executive Orders.

[SIGNED] GEORGE W. BUSH

(Promulgated 9 May 2007)

-CITE-
50 USC CHAPTER 34 - NATIONAL EMERGENCIES 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES

-HEAD-
CHAPTER 34 - NATIONAL EMERGENCIES

-MISC1-
SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES
Sec.
1601. Termination of existing declared emergencies.

SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
1621. Declaration of national emergency by President;
publication in Federal Register; effect on other
laws; superseding legislation.
1622. National emergencies.
(a) Termination methods.
(b) Termination review of national emergencies by
Congress.
(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.
(d) Automatic termination of national emergency;
continuation notice from President to
Congress; publication in Federal Register.

SUBCHAPTER III - EXERCISE OF EMERGENCY POWERS AND AUTHORITIES
1631. Declaration of national emergency by Executive order;
authority; publication in Federal Register;
transmittal to Congress.

SUBCHAPTER IV - ACCOUNTABILITY AND REPORTING REQUIREMENTS OF
PRESIDENT
1641. Accountability and reporting requirements of
President.
(a) Maintenance of file and index of Presidential
orders, rules and regulations during national
emergency.
(b) Presidential orders, rules and regulations;
transmittal to Congress.
(c) Expenditures during national emergency;
Presidential reports to Congress.

SUBCHAPTER V - APPLICATION TO POWERS AND AUTHORITIES OF OTHER
PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER
1651. Other laws, powers and authorities conferred thereby,
and actions taken thereunder; Congressional studies.

-End-

-CITE-
50 USC SUBCHAPTER I - TERMINATING EXISTING DECLARED
EMERGENCIES 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES

-HEAD-
SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES

-End-

-CITE-
50 USC Sec. 1601 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES

-HEAD-
Sec. 1601. Termination of existing declared emergencies

-STATUTE-
(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, as a result
of the existence of any declaration of national emergency in effect
on September 14, 1976, are terminated two years from September 14,
1976. 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 were
incurred 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 the President.

-SOURCE-
(Pub. L. 94-412, title I, Sec. 101, Sept. 14, 1976, 90 Stat. 1255.)

-MISC1-
SHORT TITLE
Section 1 of Pub. L. 94-412 provided: “That this Act [enacting
this chapter, amending section 1481 of Title 8, Aliens and
Nationality, and section 2667 of Title 10, Armed Forces, repealing
section 249 of Title 12, Banks and Banking, section 831d of Title
16, Conservation, section 1383 of Title 18, Crimes and Criminal
Procedure, section 211b of Title 42, The Public Health and Welfare,
and section 1742 of the Appendix to this title, and enacting
provisions set out below] may be cited as the ‘National Emergencies
Act’.”

SAVINGS PROVISION
Section 501(h) of Pub. L. 94-412 provided that: “This section
[amending section 1481 of Title 8, Aliens and Nationality and
section 2667 of Title 10, Armed Forces, and repealing section 249
of Title 12, Banks and Banking, section 831d of Title 16,
Conservation, section 1383 of Title 18, Crimes and Criminal
Procedure, and section 211b of Title 42, The Public Health and
Welfare] 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 committee prior
to repeal; or
“(3) any rights or duties that matured or penalties that were
incurred prior to repeal.”

-End-

-CITE-
50 USC SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL
EMERGENCIES 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

-HEAD-
SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

-End-

-CITE-
50 USC Sec. 1621 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

-HEAD-
Sec. 1621. Declaration of national emergency by President;
publication in Federal Register; effect on other laws;
superseding legislation

-STATUTE-
(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.

-SOURCE-
(Pub. L. 94-412, title II, Sec. 201, Sept. 14, 1976, 90 Stat.
1255.)

-EXEC-
PROC. NO. 7463. DECLARATION OF NATIONAL EMERGENCY BY REASON OF
CERTAIN TERRORIST ATTACKS
Proc. No. 7463, Sept. 14, 2001, 66 F.R. 48199, provided:
A national emergency exists by reason of the terrorist attacks at
the World Trade Center, New York, New York, and the Pentagon, and
the continuing and immediate threat of further attacks on the
United States.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States
of America, by virtue of the authority vested in me as President by
the Constitution and the laws of the United States, I hereby
declare that the national emergency has existed since September 11,
2001, and, pursuant to the National Emergencies Act (50 U.S.C. 1601
et seq.), I intend to utilize the following statutes: sections 123,
123a, 527, 2201(c), 12006, and 12302 of title 10, United States
Code, and sections 331, 359, and 367 of title 14, United States
Code.
This proclamation immediately shall be published in the Federal
Register or disseminated through the Emergency Federal Register,
and transmitted to the Congress.
This proclamation is not intended to create any right or benefit,
substantive or procedural, enforceable at law by a party against
the United States, its agencies, its officers, or any person.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth
day of September, in the year of our Lord two thousand one, and of
the Independence of the United States of America the two hundred
and twenty-sixth.
George W. Bush.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY PROC. NO. 7463
Notice of President of the United States, dated Sept. 10, 2004,
69 F.R. 55313, provided:
Consistent with section 202(d) of the National Emergencies Act
(50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency I declared on September 14, 2001, in Proclamation 7463
[set out above], with respect to the terrorist attacks at the World
Trade Center, New York, New York, and the Pentagon, and the
continuing and immediate threat of further attacks on the United
States.
By Executive Order 13223 of September 14, 2001 [10 U.S.C. 12302
note], and Executive Order 13253 of January 16, 2002 [10 U.S.C.
12302 note], I delegated authority to the Secretary of Defense and
the Secretary of Transportation to order members of the Reserve
Components to active duty and to waive certain statutory military
personnel requirements. By Executive Order 13235 of November 16,
2001 [10 U.S.C. 2808 note], I delegated authority to the Secretary
of Defense to exercise certain emergency construction authority. By
Executive Order 13286 of February 28, 2003 [6 U.S.C. 111 note], I
transferred the authority delegated to the Secretary of
Transportation in Executive Order 13223 to the Secretary of
Homeland Security.
Because the terrorist threat continues, the national emergency
declared on September 14, 2001, and the measures taken on September
14, 2001, November 16, 2001, and January 16, 2002, to deal with
that emergency, must continue in effect beyond September 14, 2004.
Therefore, I am continuing in effect for an additional year the
national emergency I declared on September 14, 2001, with respect
to the terrorist threat.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.

Prior continuations of national emergency declared by Proc. No.
7463 were contained in the following:
Notice of President of the United States, dated Sept. 10, 2003,
68 F.R. 53665.
Notice of President of the United States, dated Sept. 12, 2002,
67 F.R. 58317.

-End-

-CITE-
50 USC Sec. 1622 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

-HEAD-
Sec. 1622. National emergencies

-STATUTE-
(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
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
Register
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-
(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.)

-MISC1-
AMENDMENTS
1985 - 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).

-End-

-CITE-
50 USC SUBCHAPTER III - EXERCISE OF EMERGENCY POWERS AND
AUTHORITIES 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER III - EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

-HEAD-
SUBCHAPTER III - EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

-End-

-CITE-
50 USC Sec. 1631 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER III - EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

-HEAD-
Sec. 1631. Declaration of national emergency by Executive order;
authority; publication in Federal Register; transmittal to
Congress

-STATUTE-
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.

-SOURCE-
(Pub. L. 94-412, title III, Sec. 301, Sept. 14, 1976, 90 Stat.
1257.)

-MISC1-
RELEASE OF AMERICAN HOSTAGES IN IRAN
For provisions relating to the release of the American hostages
in Iran, see Ex. Ord. Nos. 12276 to 12285, Jan. 19, 1981, 46 F.R.
7913 to 7932, set out under section 1701 of this title.

-End-

-CITE-
50 USC SUBCHAPTER IV - ACCOUNTABILITY AND REPORTING
REQUIREMENTS OF PRESIDENT 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER IV - ACCOUNTABILITY AND REPORTING REQUIREMENTS OF
PRESIDENT

-HEAD-
SUBCHAPTER IV - ACCOUNTABILITY AND REPORTING REQUIREMENTS OF
PRESIDENT

-End-

-CITE-
50 USC Sec. 1641 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER IV - ACCOUNTABILITY AND REPORTING REQUIREMENTS OF
PRESIDENT

-HEAD-
Sec. 1641. Accountability and reporting requirements of President

-STATUTE-
(a) Maintenance of file and index of Presidential orders, rules and
regulations during national emergency
When the President declares a national emergency, or Congress
declares war, the President shall be responsible for maintaining 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) Presidential orders, rules and regulations; transmittal to
Congress
All such significant orders of the President, including Executive
orders, and such rules and regulations shall be transmitted to the
Congress promptly under means to assure confidentiality where
appropriate.
(c) Expenditures during national emergency; Presidential reports to
Congress
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 Government 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 emergency or war, the President shall
transmit a final report on all such expenditures.

-SOURCE-
(Pub. L. 94-412, title IV, Sec. 401, Sept. 14, 1976, 90 Stat.
1257.)

-TRANS-
DELEGATION OF FUNCTIONS
Delegation of congressional reporting functions of President
under subsec. (c) of this section were contained in the following:
Ex. Ord. No. 13348, Sec. 7, July 22, 2004, 69 F.R. 44887, set out
as a note under section 1701 of this title.
Ex. Ord. No. 13338, Sec. 12, May 11, 2004, 69 F.R. 26754, set out
as a note under section 1701 of this title.
Ex. Ord. No. 13313, Sec. 1, July 31, 2003, 68 F.R. 46073, set out
as a note under section 301 of Title 3, The President.

-End-

-CITE-
50 USC SUBCHAPTER V - APPLICATION TO POWERS AND
AUTHORITIES OF OTHER PROVISIONS OF LAW AND
ACTIONS TAKEN THEREUNDER 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER V - APPLICATION TO POWERS AND AUTHORITIES OF OTHER
PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

-HEAD-
SUBCHAPTER V - APPLICATION TO POWERS AND AUTHORITIES OF OTHER
PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

-End-

-CITE-
50 USC Sec. 1651 01/03/05

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER V - APPLICATION TO POWERS AND AUTHORITIES OF OTHER
PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

-HEAD-
Sec. 1651. Other laws, powers and authorities conferred thereby,
and actions taken thereunder; Congressional studies

-STATUTE-
(a) The provisions of this chapter shall not apply to the
following provisions of law, the powers and authorities conferred
thereby, and actions taken thereunder:
(1) Act of June 30, 1949 (41 U.S.C. 252);
(2) Section 3727(a)-(e)(1) of title 31;
(3) Section 3737 of the Revised Statutes, as amended (41 U.S.C.
15);
(4) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat. 972; 50
U.S.C. 1431 et seq.);
(5) Section 2304(a)(1) (!1) of title 10; (!2)

(b) Each committee of the House of Representatives and the Senate
having jurisdiction with respect to any provision of law referred
to 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 September 14, 1976.

-SOURCE-
(Pub. L. 94-412, title V, Sec. 502, Sept. 14, 1976, 90 Stat. 1258;
Pub. L. 95-223, title I, Sec. 101(d), Dec. 28, 1977, 91 Stat. 1625;
Pub. L. 96-513, title V, Sec. 507(b), Dec. 12, 1980, 94 Stat. 2919;
Pub. L. 105-362, title IX, Sec. 901(r)(2), Nov. 10, 1998, 112 Stat.
3291; Pub. L. 107-314, div. A, title X, Sec. 1062(o)(1), Dec. 2,
2002, 116 Stat. 2652.)

-REFTEXT-
REFERENCES IN TEXT
Act of June 30, 1949 (41 U.S.C. 252), referred to in subsec.
(a)(1), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended,
known as the Federal Property and Administrative Services Act of
1949. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title
41, Public Contracts, the Act was repealed and reenacted by Pub. L.
107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as
chapters 1 to 11 of Title 40, Public Buildings, Property, and
Works. Section 302 of the Act is classified to section 252 of Title
41, Public Contracts.
Public Law 85-804, referred to in subsec. (a)(4), is Pub. L. 85-
804, Aug. 28, 1958, 72 Stat. 972, as amended, which is classified
generally to chapter 29 (Sec. 1431 et seq.) of this title. For
complete classification of this Act to the Code, see Tables.
Section 2304(a)(1) of title 10, referred to in subsec. (a)(5),
originally authorized purchases or contracts without formal
advertising when necessary in the public interest during a national
emergency declared by Congress or the President, and as amended
generally by Pub. L. 98-369 now sets forth the competition
requirements for procurement of property or services.

-COD-
CODIFICATION
In subsec. (a)(2), “Section 3727(a)-(e)(1) of title 31”
substituted for “Section 3477 of the Revised Statutes, as amended
(31 U.S.C. 203)” on authority of Pub. L. 97-258, Sec. 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted Title
31, Money and Finance.

-MISC1-
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-314 struck out par. (2), which
read “Act of April 28, 1942 (40 U.S.C. 278b);”, and redesignated
pars. (3) to (7) as (1) to (5), respectively.
1998 - Subsec. (a)(6). Pub. L. 105-362 substituted “1431 et seq.”
for “1431-1435”.
1980 - Subsec. (a)(8). Pub. L. 96-513 struck out par. (8) which
made reference to sections 3313, 6386(c), and 8313 of title 10.
1977 - Subsec. (a)(1). Pub. L. 95-223 struck out par. (1) which
read as follows: “Section 5(b) of the Act of October 6, 1917, as
amended (12 U.S.C. 95a; 50 U.S.C. App. 5(b));”.

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section
701 of Pub. L. 96-513, set out as a note under section 101 of Title
10, Armed Forces.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The semicolon probably should be a period.

-End-

SOURCE: U.S. House of Representative [http://uscode.house.gov/download/pls/50C34.txt]

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