U.S.C. 50, Ch 15, Sub Ch 1 and 4
[FEMA]
U.S.C. TITLE 50 -- WAR AND NATIONAL DEFENSE
CHAPTER 15 - NATIONAL SECURITY
SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY
§ 404. Emergency preparedness
Source: http://www.law.cornell.edu/uscode/50/404.shtml
(a) Employment of personnel
The Director of the Federal Emergency Management Agency, subject to the direction of the President, is authorized, subject to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5, to appoint and fix the compensation of such personnel as may be necessary to assist him in carrying out his functions.
(b) Functions
It shall be the function of the Director of the Federal Emergency Management Agency to advise the President concerning the coordination of military, industrial, and civilian mobilization, including -
(1) policies concerning industrial and civilian mobilization in order to assure the most effective mobilization and maximum utilization of the Nation's manpower in the event of war;(2) programs for the effective use in time of war of the Nation's natural and industrial resources for military and civilian needs, for the maintenance and stabilization of the civilian economy in time of war, and for the adjustment of such economy to war needs and conditions;
(3) policies for unifying, in time of war, the activities of Federal agencies and departments engaged in or concerned with production, procurement, distribution, or transportation of military or civilian supplies, materials, and products;
(4) the relationship between potential supplies of, and potential requirements for, manpower, resources, and productive facilities in time of war;
(5) policies for establishing adequate reserves of strategic and critical material, and for the conservation of these reserves;
(6) the strategic relocation of industries, services, government, and economic activities, the continuous operation of which is essential to the Nation's security.
(c) Utilization of Government resources and facilities
In performing his functions, the Director of the Federal Emergency Management Agency shall utilize to the maximum extent the facilities and resources of the departments and agencies of the Government.
United States Code TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES
§ 1601. Termination of existing declared emergencies
http://www.law.cornell.edu/uscode/50/1601.shtml
(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.
§ 1621. Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation.
http://www.law.cornell.edu/uscode/50/1621.shtml
(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.
§ 1622. National emergencies
http://www.law.cornell.edu/uscode/50/1622.shtml
(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.
§ 1631. Declaration of national emergency by Executive order; authority; publication in Federal Register; transmittal to Congress
http://www.law.cornell.edu/uscode/50/1631.shtml
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.
§ 1651. Other laws, powers and authorities conferred thereby, and actions taken thereunder; Congressional studies
http://www.law.cornell.edu/uscode/50/1651.shtml
(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) Repealed. Pub. L. 95-223, title I, Sec. 101(d), Dec. 28, 1977, 91 Stat. 1625.(2) Act of April 28, 1942 (40 U.S.C. 278b); (FOOTNOTE 1) (FOOTNOTE 1) See References in Text note below.
(3) Act of June 30, 1949 (41 U.S.C. 252);
(4) Section 3727(a)-(e)(1) of title 31;
(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) (FOOTNOTE 1) of title 10; (FOOTNOTE 2) (FOOTNOTE 2) So in original. The semicolon probably should be a period.
(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.)
REFERENCES IN TEXT
http://www.law.cornell.edu/uscode/50/1651.notes.html
Act of April 28, 1942, referred to in subsec. (a)(2), is act Apr. 28, 1942, ch. 249, 56 Stat. 247, which was classified to section 278b of Title 40, Public Buildings, Property, and Works, and was omitted from the Code.
Act of June 30, 1949 (41 U.S.C. 252), referred to in subsec. (a)(3), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables.
Section 2304(a)(1) of title 10, referred to in subsec. (a)(7), 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.
CODIFICATION
In subsec. (a)(4), "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.
AMENDMENTS
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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1622 of this title.
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