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Code · BILL · 116th Congress · S. 764 (Introduced in Senate) — To provide for congressional approval of national emergency declarations, and for other purposes. · Sec. 2

Sec. 2. Requirements relating to declaration and renewal of national emergencies

496 words·~2 min read·/bill/116/s/764/is/section-2

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Section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ) is amended to read as follows: 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 a national emergency by proclamation. Such proclamation shall immediately be transmitted to Congress and published in the Federal Register. No powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the President specifies the provisions of law under which the President proposes that the President, or other officers will act in— a proclamation declaring a national emergency under subsection (a); or one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress.
A declaration of a national emergency under subsection (a), shall last for 30 days from the issuance of the proclamation (not counting the day on which the proclamation was issued) and shall terminate when that 30-day period expires unless there is enacted into law a joint resolution of approval under section 203 with respect to the proclamation. Any power or authority made available under a provision of law described in subsection
(a)and specified pursuant to subsection
(b)may be exercised for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). That power or authority cannot be exercised once that 30-day period expires, unless there is enacted into law a joint resolution of approval under section 203 approving— the proclamation of the national emergency or the Executive order; and the exercise of the power or authority specified by the President in such proclamation or Executive order. If Congress is physically unable to convene as a result of an armed attack upon the United States or another national emergency, the 30-day periods described in paragraphs
(1)and
(2)shall begin on the first day Congress convenes for the first time after the attack or other emergency. A national emergency declared by the President under subsection
(a)or previously renewed under this subsection, and not already terminated pursuant to subsection
(c)or section 202(a), shall terminate on the date that is one year after the President transmitted to Congress the proclamation declaring the emergency under subsection
(a)or Congress approved a previous renewal pursuant to this subsection, unless— the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and there is enacted into law a joint resolution of approval renewing the emergency pursuant to section 203 before the termination of the emergency or previous renewal of the emergency. No law enacted after the date of the 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. .
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Sec. 2
Requirements relating to declaration and renewal of national emergencies
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