Proposed Amendment of Presidential Executive Order

Introduce existing laws, laws already on the books, for amendment, refinement or abolishment.

Postby Gary Triplett » Wed Nov 07, 2012 1:15 pm

The existing code

National Emergencies Act

50 USC § 1601 - Termination of existing declared emergencies
(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.

SUBCHAPTER II—DECLARATIONS OF FUTURE NATIONAL EMERGENCIES (§§ 1621–1622)
50 USC § 1621 - Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation
(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.
50 USC § 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 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.

50 USC Chapter 34, Subchapter III - EXERCISE OF EMERGENCY POWERS AND AUTHORITIES
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.

50 USC Chapter 34, Subchapter IV - ACCOUNTABILITY AND REPORTING REQUIREMENTS OF PRESIDENT

(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.

50 USC Chapter 34, Subchapter V - APPLICATION TO POWERS AND AUTHORITIES OF OTHER PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

(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) Chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41;
(2) Section 3727(a)–(e)(1) of title 31;
(3) Section 6305 of title 41;
(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.
User avatar
Gary Triplett
Site Administrator
Site Administrator
 
Posts: 201
Images: 185
Joined: Wed Jul 06, 2011 12:59 pm
Location: Culpeper, Virginia
Blog Posts: http://bd.summit.net/blog/author/gary/
I'm: Gary Triplett


Postby Gary Triplett » Wed Nov 07, 2012 2:18 pm

Everything that affects our lives in this country is based upon law... the Constitution being the first. We have no government or country without law. We are fortunate enough to have a system of government that allows us to elect (or hire) representatives to "represent" us in the creation, amending or removal of the laws that we live by. Nothing is perfect in this system, but it should work well if the elected representatives truly represent the will of the people... not a few, but all people. The will of the people today are not always paramount in this representative process in favor of a political party bias. This is where it becomes necessary for the people to step in and become more actively involved in the process to insure the will of the people are done as priority to any political party affiliation. This being said, no one has a right to complain if they do not actively participate in the process.

Afraid of what our country is becoming and the road it's going down? Fear not, for we, the people, still retain full power and control of our nation and our destiny. The President, alone, ultimately has no power without Congress and Congress is supposed to be us, "We the People". Only good can come from being an active, not passive, participant in what is "The Government of the People, by the People and for the People"!

If no one registers, participates and unites here, nothing will change and we get what we deserve. Our job doesn't stop by simply voting once every four years and then hope for the best. Will someone assist here or will this remain a blank slate and allow the above law remain intact? 5,000 or 5,000,000 people presenting a finished bill to Congress, as a petition, would be very difficult for Congress or the President to ignore. To ignore and not be representative of the people is what causes revolutions and civil wars.

If some need extra incentives other than the love of our country...
Wouldn't it be a novel idea for a TV or radio talk show host to do more than talk, to "do" something additionally by sponsoring and promoting a bill. Certainly wouldn't hurt ratings either. Talk, debate and controversy would be abundant in the process of completing a finished product.

If someone has a better idea or a tool more specific to the purpose of gov.summit.net, then please let us... everyone know. Our country and freedom is at stake and is too important!

Otherwise...

Be an active participant in government!!! Please, register and do more than twitter or facebook. Actions speak MUCH louder than words. News and blog junkies or others that only complain are part of the problem by creating only noise to and distractions for the problem solvers and solution makers.

Don't know how this works, what to do or how to begin? Try, message or chat with anyone here and they will be glad to assist. All of the tools for research, collaboration and creation can be found here on this site. Don't know law? You don't need to. Your ideas and concepts are all that you need to express. It's simple and people will listen. Easy, isn't it? Try to have such an impact or impression, as an individual, with a phone call or letter to your congressman or senator!
User avatar
Gary Triplett
Site Administrator
Site Administrator
 
Posts: 201
Images: 185
Joined: Wed Jul 06, 2011 12:59 pm
Location: Culpeper, Virginia
Blog Posts: http://bd.summit.net/blog/author/gary/
I'm: Gary Triplett



Return to Existing Laws - Amend or Repeal