50 U.S.C. § 1622 — National emergencies

Page 148 TITLE 50—WAR AND NATIONAL DEFENSE § 1622 (i) a report within 1 year from the date of this order [May 1, 2020]; (ii) a subsequent report at least once annually there- after while the Task Force remains in existence; and (iii) such other reports as appropriate and as directed by the Chair. (g) In the reports submitted under subsection (f) of this section, the Task Force shall summarize its progress, findings, and recommendations described in subsection (c) of this section. (h) Because attacks on the bulk-power system can originate through the distribution system, the Task Force shall engage with distribution system industry groups, to the extent consistent with law and national security. Within 180 days of receiving the recommenda- tions pursuant to subsection (c)(i) of this section, the FAR Council shall consider proposing for notice and public comment an amendment to the applicable provi- sions in the Federal Acquisition Regulation to imple- ment the recommendations provided pursuant to sub- section (c)(i) of this section. SEC. 4. Definitions. For purposes of this order, the fol- lowing definitions shall apply: (a) The term ‘‘bulk-power system’’ means (i) facilities and control systems necessary for operating an inter- connected electric energy transmission network (or any portion thereof); and (ii) electric energy from gen- eration facilities needed to maintain transmission reli- ability. For the purpose of this order, this definition in- cludes transmission lines rated at 69,000 volts (69 kV) or more, but does not include facilities used in the local distribution of electric energy. (b) The term ‘‘bulk-power system electric equip- ment’’ means items used in bulk-power system sub- stations, control rooms, or power generating stations, including reactors, capacitors, substation transformers, current coupling capacitors, large generators, backup generators, substation voltage regulators, shunt capac- itor equipment, automatic circuit reclosers, instru- ment transformers, coupling capacity voltage trans- formers, protective relaying, metering equipment, high voltage circuit breakers, generation turbines, indus- trial control systems, distributed control systems, and safety instrumented systems. Items not included in the preceding list and that have broader application of use beyond the bulk-power system are outside the scope of this order. (c) The term ‘‘entity’’ means a partnership, associa- tion, trust, joint venture, corporation, group, subgroup, or other organization. (d) The term ‘‘foreign adversary’’ means any foreign government or foreign non-government person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or its allies or the security and safety of United States persons. (e) The term ‘‘person’’ means an individual or entity. (f) The term ‘‘procurement’’ means the acquiring by contract with appropriated funds of supplies or serv- ices, including installation services, by and for the use of the Federal Government, through purchase, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evalu- ated. (g) The term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. SEC. 5. Recurring and Final Reports to the Congress. The Secretary is hereby authorized to submit recurring and final reports to the Congress regarding the national emergency declared in this order, consistent with sec- tion 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. [Ex. Ord. No. 13920, set out above, suspended for 90 days and Secretary of Energy and Director of the Office of Management and Budget to jointly consider whether to recommend a replacement order be issued, see sec- tion 7(c) of Ex. Ord. No. 13990, set out as a note under section 4321 of Title 42, The Public Health and Welfare.] § 1622. National emergencies (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 resolu- tion terminating the emergency; or (2) the President issues a proclamation ter- minating the emergency. Any national emergency declared by the Presi- dent 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 pro- vided in clause (2) of this subsection, whichever date is earlier, and any powers or authorities ex- ercised 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 pen- alties 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 Con- gress 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 re- ferred 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 be- come the pending business of the House in ques- tion (in the case of the Senate the time for de- bate shall be equally divided between the pro- Page 149 TITLE 50—WAR AND NATIONAL DEFENSE § 1641 ponents 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 recommenda- tions 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, con- ferees shall be promptly appointed and the com- mittee of conference shall make and file a re- port with respect to such joint resolution within six calendar days after the day on which man- agers on the part of the Senate and the House have been appointed. Notwithstanding any rule in either House concerning the printing of con- ference 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, sub- section (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 Representa- tives, respectively, and as such they are deemed a part of the rules of each House, re- spectively, but applicable only with respect to the procedure to be followed in the House in the case of resolutions described by this sub- section; and they supersede other rules only to the extent that they are inconsistent there- with; and (B) with full recognition of the constitu- tional 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 emer- gency; 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 pe- riod prior to each anniversary date, the Presi- dent 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 Notes AMENDMENTS 1985—Subsecs. (a) to (c). Pub. L. 99–93 substituted ‘‘there is enacted into law a joint resolution termi- nating the emergency’’ for ‘‘Congress terminates the emergency by concurrent resolution’’ in par. (1) of sub- sec. (a), and substituted ‘‘joint resolution’’ for ‘‘concur- rent resolution’’ wherever appearing in second sentence of subsec. (a), subsec. (b), and pars. (1) to (4) of subsec. (c). SUBCHAPTER III—EXERCISE OF EMERGENCY POWERS AND AUTHORITIES § 1631. Declaration of national emergency by Ex- ecutive order; authority; publication in Fed- eral Register; transmittal to Congress When the President declares a national emer- gency, 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 declara- tion of a national emergency, or by one or more contemporaneous or subsequent Executive or- ders published in the Federal Register and transmitted to the Congress. (Pub. L. 94–412, title III, § 301, Sept. 14, 1976, 90 Stat. 1257.) Executive Documents RELEASE OF AMERICAN HOSTAGES IN IRAN For provisions relating to the release of the Amer- ican hostages in Iran, see Ex. Ord. Nos. 12276 to 12285, Jan. 19, 1981, 46 F.R. 7913 to 7932, listed in a table under section 1701 of this title. SUBCHAPTER IV—ACCOUNTABILITY AND REPORTING REQUIREMENTS OF PRESI- DENT § 1641. Accountability and reporting require- ments of President (a) Maintenance of file and index of Presidential orders, rules and regulations during national emergency When the President declares a national emer- gency, 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 emer- gency or Congress declares war, the President shall transmit to Congress, within ninety days