Congressional Resolution Manual

THIS MANUAL WAS SOURCED FROM: 

So, there is lots of talk about Congressional Resolutions because of the Green New Deal and Trump’s Border Wall National Emergency. Let’s be real, most of us don’t know what a Congressional Resolution really is.

First if all, a RESOLUTION is defined as “a firm decision to do or not to do something.” That’s in general, but in Congress there are three different types of resolutions: 

SIMPLE RESOLUTIONS: a motion or a decision that deals with the operation of either the House of Representatives or Senate. Unlike other resolutions, they only have to be passed by one house, and do not go to the president for approval. 

These resolutions are used when either house wants to set up a committee, assign someone to a committee, schedule when someone is going to take the floor to speak, and many other organizational matters.  Aside from organization, they can also be used to force members of a house to go on record with a vote of “yay” or “nay” on a specific topic, such as a war or in objection to what the president has done, without proposing a bill. 

It is IMPORTANT to note that since these resolutions cannot become law they are NONBINDING RESOLUTIONS.

CONCURRENT RESOLUTIONS: these resolutions are nonbinding and deal with matters concerning both the House of Representatives and the Senate. These resolutions are voted on by both houses but do not go to the president for approval. Instead, they are signed by the Clerck of the House and Secretary of the Senate if they are approved.

JOINT RESOLUTIONS: this is just like a bill and must be approved by both the Senate and House before it goes before the president to be signed into law or vetoed. If a Joint Resolution gets a majority vote, it is veto-proof.

Joint Resolutions usually deal with matters of the government and are used to make amendments to the constitution (must be ratified by the states), declare war, appropriate government funding, or disapprove   . 

Some Joint Resolutions are privileged, meaning that once they begin in one chamber of Congress the other chamber must bring the resolution to the floor for a vote. Resolutions that disapprove of National Emergencies are privileged.

On February 26, 2019, Representative Joaquin Castro’s Joint Resolution of Disapproval to oppose Trump’s national emergency for his border wall was put on the floor for a vote in the House of Representatives. If it receives a majority vote in both the House and the Senate, it will end Trump’s quest to take funds assigned to other government projects to build his wall.  If you are wondering, yes, the resolution is only one page long, as important as it is. 

 

The National Emergency Manual

Don’t be MINDLESS. Take the time to get all caught up and read the National Emergency Manual.

The National Emergencies Act Manual

THIS MANUAL WAS SOURCED FROM THE US CONGRESS, WHITE HOUSE, CORNELL LAW SCHOOL, AND GOVTRACK WEBSITES.

The National Emergencies Act (H.R. 3884) was signed into law on September 14, 1976. It allows US Presidents to formally declare National Emergencies and snatch up powers that permit them to immediately sidestep, create, or suspend laws to quickly solve a crisis. The law also limits those powers so a president, who aspires to be an authoritarian, can’t jump over Congress and do whatever they want without safeguards.

This law is needed, but it’s also kind of crazy because it’s vague and in no way states what a National Emergency is or isn’t. Since that’s the case, ANYTHING, including an iPhone shortage, can be named a National Emergency. Seriously. However, when it was conceived, Congress hoped that only mindful individuals, who would never call a National Emergency with dubious, unconstitutional intentions, would be elected to the presidency. 

When a National Emergency is declared, presidents are given immediate access to 123 additional powers and 13 more can be granted if Congress chooses to do so. So, that is a total of 136 new super powers! Some of those powers allow the president to seize land (42 U.S.C. § 4625 (c)(3)(B)) or other resources (50 U.S.C. § 98f (a)(2)), shut down or take over radio stations (47 U.S. Code § 606), sell assets of Americans that are in some way tied to foreign nationals (50 U.S.C. § 4309), send troops across the globe (10 U.S.C. § 712 (a)(3)), hit wrong doers with hefty sanctions (50 U.S.C. §§ 1701-1707),  and allow biological and chemical weapons, vaccination, or ANY type of testing on unwilling people (21 U.S.C. § 360bbb-3)– yes, you read that correctly. Those powers don’t just come out of the ether; they are drawn from many laws, such as the Public Health Service Act (1944) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (1988), which are only in effect during emergencies.

136 Laws Granted to the President and Cabinet (Congress Granted Powers are in Purple)
Public Health

42 U.S.C. § 1320b-5: Secretary of Health and Human Services may waive confidentiality, certification, sanctions, and other provisions as necessary to supply public health services (2002)

21 U.S.C. § 360bbb-3: Secretary of Health and Human Services may authorize the use of an unapproved drug, device, or biological product, or an unapproved use of an approved drug, device, or biological product (2004)

42 U.S.C.§ 7651j: Governor of a State may petition the President to suspend any part of Clean Air Act implementation plan or any requirement under 42 U.S.C.§ 7651j (concerning excess emissions penalties or offsets) for up to 4 months (1977)

42 U.S.C. § 217: President may use the Public Health Service to such extent and in such manner as shall in their judgment promote the public interest; or President may by Executive Order declare the commissioned corps of the Public Health Service to be a military service (1944)

50 U.S.C. § 1515: President may suspend the operation of provisions regulating the storage, transportation, disposal, procurement, handling, and testing of chemical and biological weapons, including the prohibition on testing such weapons on human subjects (1969)

33 U.S.C. § 1902 (b)(3)(F): Certain laws governing the disposal of garbage at sea – including restrictions on disposal near land and a prohibition on the discharge of waste that may contain toxic chemicals or heavy metals – do not apply (1987)

33 U.S.C. § 2503 (1)(B): Public vessels may dispose of potentially infectious medical waste in ocean waters more than 50 nautical miles from the nearest land after taking precautions to prevent the waste from coming ashore after disposal (1988)

42 U.S.C. § 6393 (a)(2)(A): President may waive 30-day minimum comment period on proposed rules and regulations issued under the Energy and Policy Conservation Act (1975)

42 U.S.C. § 300ff-83: Secretary of Health and Human Services may waive provisions of HIV Health Care Services Program to improve the health and safety of those receiving care under the Program and the general public, but may not expend more than 5% of the funds allocated under the Program for supplemental grants (2006)

Land Management

20 U.S.C. § 79: Barro Colorado island in the Panama Canal Zone, which is otherwise to be left in its “natural state for scientific observation,” may be used for other purposes (1940)

16 U.S.C. § 831s: Government may take possession of land specified in Tennessee Valley Authority Act for the purpose of manufacturing explosives or for other war purposes (1933)

43 U.S.C. § 155: Certain provisions regulating withdrawal, reservation, restriction, and utilization of public lands by or for the Department of Defense for defense purposes do not apply (1958)

43 U.S.C. § 1341 (c): The Secretary of the Interior, upon a recommendation of the Secretary of Defense, may suspend operations under any lease, with payment of just compensation to the lessee whose operations are suspended, for any lease of land of the outer Continental Shelf (1953)

16 U.S.C. § 440: Secretary of the Interior may close Ft. McHenry, and it may be used for military purposes (1925)

40 U.S.C. § 8722 (b)(2): Department of Defense is not required to consult with National Capital Planning Commission for projects within the Capitol grounds or structures erected within existing military reservations, unless any developments materially affect traffic or require coordinated planning of the surrounding area (2002)

40 U.S.C. § 905: Procedures for providing notice to local government and prospective purchasers before purchase or sale of real property in urban areas by Administrator of General Services may be waived (2002)

7 U.S.C. § 4208: Legal provisions intended to protect farmland do not apply to the acquisition or use of farmland for national defense purposes (1990)

49 U.S.C. § 47152 (5): Federal government may use, control, or possess any part of a public airport that was conveyed to the local or state government as surplus property (1944)

23 U.S.C. §§ 127 (h), (i) (h): Secretary of Transportation may waive vehicle weight limits on Interstate 95 between Augusta, ME and Bangor, ME for bulk shipments of jet fuel to the Air National Guard Base at Bangor International Airport (2001); (i) a State may issue special 120- day permits during an emergency to overweight vehicles and loads that can easily be dismantled or divided (2012)

40 U.S.C. § 545 (b)(1)(A): Administrator of General Services may, if necessary in the public interest, negotiate disposal of a particular lot of surplus personal property without first publicly advertising for bids, but subject to obtaining competition that is feasible under the circumstances (2002)

42 U.S.C. § 4625 (c)(3)(B): Provision that persons displaced by a federal project may not be required to leave their dwelling unless they have had a reasonable opportunity to relocate to a comparable replacement dwelling does not apply (1971)

Military and National Defense

50 U.S.C. §§ 1431-1435: President may authorize any agency that exercises functions in connection with the national defense to enter into, amend, or make advance payments on contracts up to certain specified amounts and subject to certain restrictions, without regard to other provisions of law relating to contract formation, amendment, or performance, if the President deems it to be in the interest of national defense (1958)

10 U.S.C. § 7224: Secretary of the Navy may authorize by regulation the transport and subsistence of any person on naval vessels at government expense (1946)

10 U.S.C. § 3063 (b): Secretary of the Army may discontinue or consolidate basic branches of the Army (1956)

10 U.S.C. § 12302 (a): An authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit and any member of the Ready Reserve to active duty for up to 24 consecutive months; no more than 1,000,000 members of the Ready Reserve may be on active duty without their consent under this section at any one time (1956)

14 U.S.C. § 652: Any law removing any restriction contained in any then-existing law as applied to the Navy shall remove such restrictions as applied to the Coast Guard (1949)

14 U.S.C. § 660 (a): Secretary of the department in which the Coast Guard is operating may, at reasonable rates of fare fixed, provide transportation to and from work for people working at private plants that are manufacturing material for the Coast Guard (1980)

10 U.S.C. § 2632 (a)(2)(D): Secretary of military department concerned may provide transportation to and from work for employees of and “persons attached to” a private plant manufacturing material for that department (1979)

46 U.S.C. § 8301 (d)(1): The Secretary of the Department in which the Coast Guard is operating may suspend provisions related to masters and officers of merchant vessels (1983)

10 U.S.C. § 527: President may suspend statutory officer strength and distribution in grade requirements (1980)

10 U.S.C. § 603: President may temporarily appoint any qualified person to any officer grade in the Army, Navy, Air Force, or Marine Corps, but not to grades above major general or rear admiral (1980)

10 U.S.C. § 12006 (a): President may suspend the operation of statutes governing the authorized strengths and distribution of reserve officers in an active status in the armed forces (1994)

14 U.S.C. § 722: President may suspend the operation of certain statutes related to officers in the Coast Guard Reserve (1980)

49 U.S.C. § 114 (g): Undersecretary of Transportation authorized to coordinate domestic transportation, among other duties (2001)

50 U.S.C. § 4533 (a)(7): Procedural and substantive limitations in statute granting the President broad authority to create, maintain, protect, expand, or restore domestic industrial base capabilities that are essential for the national defense may be waived (1950)

10 U.S.C. § 5451: President may suspend the operation of statutes imposing distribution in grade requirements on the Navy (1956; powers amended and expanded to allow suspension of further statutes in 1991) 

10 U.S.C. § 1104 (d): Department of Veterans Affairs may provide healthcare to members of the armed forces serving in national emergency (1989)

10 U.S.C. §§ 3014 (f)(4), (5): Limitations on the size of the Office of the Secretary of the Army do not apply (1986; national emergency provisions narrowed in 2016)

10 U.S.C. §§ 5014 (f)(4), (5): Limitations on the size of the Office of the Secretary of the Navy do not apply (1986; national emergency provisions narrowed in 2016)

14 U.S.C. § 724 (c): President may suspend or defer any end-strength limitation for any military or civilianthe Coast Guard Reserve for a period not to exceed six months after the end of the war or national emergency (2002) 

31 U.S.C. § 3522 (b)(3): Additional time available for audit of armed forces (1982)

10 U.S.C. § 8014 (f)(5): Limitations on size of Office of the Secretary of the Air Force do not apply (1986; national emergency provisions narrowed in 2016)

14 U.S.C. § 2703 (a): President may defer any “end strength” (the number of active duty military and civilian personnel in a military or civilian component of the armed forces or of the Department of Defense on the last day of a particular accounting period) limitations with respect to that fiscal year for any military or civilian component of the Coast Guard, for a period up to six months after the end of war or termination of national emergency (2002)

10 U.S.C. § 123a (a): (1) President may waive any statutory “end strength” (the number of active duty military and civilian personnel in a military or civilian component of the armed forces or of the Department of Defense on the last day of a particular accounting period) for that fiscal year (2) President may waive any statutory limit that would otherwise apply during the period on the number of members of a reserve component who are authorized to be on active duty, if the President determines the waiver is necessary to provide assistance in responding to the major disaster or emergency (1990)

10 U.S.C. § 2808 (a): Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize Secretaries of the military departments to undertake military construction projects, that are necessary to support such use of the armed forces (1982)

Federal Employees

5 U.S.C. § 5303 (b): President may alter automatic adjustments to federal pay schedules after first reporting to Congress (1966)

5 U.S.C. § 5304a: President may implement alternative comparability payments for government employees after first reporting to Congress (1990)

40 U.S.C. § 3147: President may suspend statutory wage-rate requirements for public contracts (1931)

10 U.S.C. § 2461 (e): Department of Defense function performed by civilian employees may be converted to contractor performance without a publicprivate competition (1989)

10 U.S.C. § 688 (f): Certain retired officers may be ordered to active duty, and time limits on recall service by retired servicemembers do not apply (1996)

10 U.S.C. § 690 (c): Limitations on the number of retired officers who may be ordered to active duty at any one time do not apply (1996)

10 U.S.C. § 12243: President may suspend any provision of law related to the promotion, retirement, or separation of permanent reserve warrant officers of any armed force (1956)

10 U.S.C. § 871. Art. 71 (b): In the case of a commissioned officer, cadet, or midshipman, the Secretary, Under Secretary, or Assistant Secretary of the military department concerned may commute a court martial sentence of dismissal to reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and for six months thereafter (1956)

42 U.S.C. § 211 (k): Certain restrictions on promotion of commissioned officers of the Regular Corps of the Public Health Service do not apply (1944)

10 U.S.C. § 123: President may suspend any provision of law related to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve (1958)

14 U.S.C. § 371 (b):  Requirement that at least 20 percent of Coast Guard aviation cadets procured in each fiscal year be procured from qualified enlisted members of the Coast Guard does not apply (1966)

10 U.S.C. § 8033 (a)(1): Air Force Chief of Staff may be reappointed for a second term of not more than four years (1967)

14 U.S.C. § 331: Secretary of the department in which the Coast Guard is operating may order any regular officer on the retired list to active duty (1963)

14 U.S.C. § 359: Commandant of the Coast Guard may order any enlisted member on the retired list to active duty (1949)

33 U.S.C. § 3030: Subject to certain limitations, all laws authorizing temporary appointment or advancement of commissioned officers in the Navy also apply to officers of the National Oceanic and Atmospheric Administration (2002)

10 U.S.C. § 5450: More than ten retired flag officers may be on active duty in the Navy (1956)

10 U.S.C. § 155 (f)(4): Restrictions on Joint Staff officer tours of duty do not apply (1986)

10 U.S.C. § 194 (e): Certain caps on defense agency personnel do not apply (1986)

10 U.S.C. § 620 (d): Secretary of military department concerned may keep reserve officer ordered to active duty off the active duty list for up to 24 months (1994)

10 U.S.C. § 708 (d)(1): Secretary of military department concerned may cancel educational leave of absence granted to a member of the armed forces (1984)

10 U.S.C § 978 (e): President may suspend requirements that applicants for enlistment in the armed forces undergo drug and alcohol use and dependency testing prior to enlistment (1988)

10 U.S.C. § 1076a (e)(2): Secretary may waive charges for dental care through TRICARE dental program for reserve members to facilitate deployment (1999)

10 U.S.C. § 3033 (a)(1): Army Chief of Staff may be reappointed for a second term of not more than four years (1969)

10 U.S.C. § 5033 (a)(1): Chief of Naval Operations can be reappointed for a second term of not more than four years (1986)

10 U.S.C § 5043 (a)(1): Commandant of Marine Corps may be reappointed for a second term of not more than four years (1986)

10 U.S.C. § 6911 (b): Requirement that 20% of aviation cadets in the naval service in each fiscal year be procured from qualified enlisted Navy and Marine Corps members may be waived (1981)

10 U.S.C. § 12311 (d): If an agreement with a member of a reserve component to serve on active duty expires during a war or national emergency, the member may be kept on active duty without their consent (1956)

10 U.S.C. § 12313 (b): Member of a reserve component may be released from active duty (other than for training) only if (1) a board of officers convened at his request recommends the release and the recommendation is approved; (2) the member does not request that a board be convened; or (3) his release is otherwise authorized by law. These restrictions do not apply during a period of demobilization or reduction in strength of the armed force concerned (1956)

10 U.S.C. § 14317 (e): Reserve officer not on active duty list who is ordered to active duty may be considered for promotion (1994)

50 U.S.C. § 3809 (e): President may assign additional armed forces personnel to Selective Service System (1997)

7 U.S.C. § 1982 (a): Agricultural debt relief authorized for reservists mobilized to serve during national emergency (2004)

41 U.S.C. § 1710 (e): An executive agency function performed by civilian employees may be converted to contractor performance without a publicprivate competition (2011)

10 U.S.C. § 12301 (a): An authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit and any member of a reserve component under the jurisdiction of that Secretary to active duty for the duration of the war or emergency and for six months thereafter (1956)

50 U.S.C. §§ 3806 (b), (c):  (b) Certain World War II veterans, who would ordinarily be exempt from Selective Service, may be drafted; and (c) Certain persons, who would ordinarily be exempt from Selective Service because of prior service in the Reserves, may be drafted (1948)

50 U.S.C. § 4560 (e): President may provide for the establishment and training of a “nucleus executive reserve” for employment in executive positions in government (1955)

10 U.S.C. § 4025: Regular work hours of laborers and mechanics in the Army producing military supplies or munitions may be exceeded with overtime pay (1956)

10 U.S.C. § 6485 (a): Competent authority may order members of Fleet Reserve and Fleet Marines Corps Reserve to active duty without their consent (1956)

14 U.S.C. § 636 (a)(2): Commissioned and warrant officers in Coast Guard may, pursuant to rules prescribed by the Commandant, exercise the public (1949)

14 U.S.C. § 275: President may suspend any section of 14 U.S.C. Ch. 11 relating to selection, promotion, or involuntary separation of Coast Guard officers, and may promote warrant officers below the grade of chief warrant officer to the next higher grade. Promotions and appointments made under this section are temporary and are subject to certain procedural requirements. (1963)

10 U.S.C. § 12305 (a): President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to national security (1983)

10 U.S.C. § 1491 (e): Secretary of Defense may waive any requirements with respect to funeral honors for veterans (1999)

38 U.S.C. § 1721: Secretary of Veterans Affairs may prescribe limitations on the provision of hospital, nursing home, and domiciliary care and medical services in VA facilities (1988)

10 U.S.C. § 1064: Members of National Guard and their dependents can use commissary stores and exchange stores and other revenue-generating facilities operated by the Department of Defense (1998)

20 U.S.C. § 1087e (f)(2)(c): Department of Education may defer payment requirements and interest accrual for borrower serving on active duty during national emergency (2006)

10 U.S.C. § 9025: Regular work hours of Air Force laborers and mechanics producing military supplies or munitions may be exceeded with overtime pay (1956)

10 U.S.C. § 12103 (c): Term of service of a person enlisted as a Reserve, that would otherwise expire, continues until six months after the end of the emergency (1958)

10 U.S.C. § 12316 (b): Reservist entitled to a pension is not entitled to the pension when serving on active duty for more than thirty days, unless the amount of the pension is greater than the amount of active duty pay (1958)

10 U.S.C. § 16163 (a): A member of a reserve component is entitled to federal educational assistance (2004)

37 U.S.C. § 1009 (e): President may implement alternate pay adjustments for members of the uniformed services after first reporting to Congress (2003)

20 U.S.C. § 1098bb: Secretary of Education may waive provisions of Higher Education Relief Opportunities for Students Act of 2003 (2003)

22 U.S.C. § 4103: President may suspend provisions related to labor-management relations “with respect to any post, bureau, office or activity” of the Department of State (1980)

10 U.S.C. § 1580: Secretary of Defense or of military department concerned may designate emergency-essential employees in the Department of Defense (1999)

10 U.S.C. §§ 12304 (a), (b): President may authorize the Secretary of Defense, or Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, to order any unit and any member to active duty as a unit of the Selected Reserve for up to 365 days without the consent of the members concerned (1976; emergency language added in 1998)

38 U.S.C. § 8111A: Secretary of Veteran’s Affairs may provide hospital care, nursing home care, and medical services to members of the armed forces on active duty (1982)

 

Asset Seizure, Control, and Transfer

50 U.S.C. § 191: Secretary of Transportation may (1) make, subject to approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in U.S. territorial waters; (2) inspect such vessel at any time; (3) place guards thereon; and (4) if necessary to secure such vessels from damage or injury, or to prevent damage or injury to any U.S. harbor or waters, or to secure the observance of U.S. rights and obligations, take, by and with the consent of the President, full possession and control of such vessel and remove the officers and crew and all other persons not specially authorized by the Secretary to go or remain on board (1917)

50 U.S.C. § 98f (a)(2): Any officer or employee of the United States designated by the President may order the release of materials in the strategic raw materials stockpile for use, sale, or other disposition, if she determines that the release is required for purposes of the national defense (1939)

50 U.S.C. § 4309: Alien Property Custodian, or any successor officer, may, upon determination by the President that the interest and welfare of the United States require the sale, sell any alien property or interest in their custody prior to entry of judgment in suit concerning said property or interest (1917)

7 U.S.C. § 5712 (c): President can prohibit or limit the export of any agricultural commodity (1990)

35 U.S.C. § 181: Whenever the publication or disclosure of an invention might be detrimental to national security, the Commissioner of Patents may order the invention kept secret and the publication of the application or the grant of a patent withheld for the duration of a national emergency plus six-months. Outside of an emergency, such orders may only last one year absent an affirmative determination that the national interest requires renewal of the order. (1952)

50 U.S.C. §§ 4531 (a)(2), (d)(1): (a)(2) President may authorize an agency to guarantee loans by private institutions in order to finance products and services essential to the national defense without regard to normal procedural and substantive requirements for such loan guarantees; (d)(1) Federal government may make a guarantee or obligation relating to a domestic industrial base shortfall that causes the aggregate outstanding amount of all guarantees for that shortfall to exceed $50,000,000 without first notifying Congress (1950)

47 U.S.C. § 606 (c): President may, if he deems it necessary in the interest of national security or defense, suspend or amend regulations applicable to stations or devices capable of emitting electromagnetic radiations; direct the closure of any station for radio communication, or any device capable of emitting electromagnetic radiations between 10 kilocycles and 100,000 megacycles that is suitable for use as a navigational aid beyond five miles, and the removal therefrom of its apparatus and equipment; or authorize the use or control of any such station or device and/or its apparatus and equipment by any department of the Government. The government shall pay compensation to the owners (1934; substantively amended in 1951)

7 U.S.C. § 1332 (c): Secretary of Agriculture may increase or terminate national marketing quota for wheat (1938)

7 U.S.C. § 1371 (b): Secretary of Agriculture may increase or terminate national marketing quota or acreage allotment for cotton and rice (1938)

7 U.S.C. § 1743 (a)(6): President may direct the donation, sale, or other disposition of agricultural commodity set-aside (1954)

7 U.S.C. § 624 (b): President may take immediate action to impose fees and limitations on the importation of certain agricultural products without awaiting recommendations from the International Trade Commission (1953)

46 U.S.C. § 56301: Secretary of Transportation may requisition, purchase, or charter the use of a vessel owned by U.S. citizens, documented under U.S. law, or under construction in the U.S. (1936)

46 U.S.C. § 56309: Secretary of Transportation may purchase, requisition, charter, take over the title of, or take over possession of any merchant vessel not owned by U.S. citizens but lying idle in U.S. waters. The government shall pay just compensation to the owners. (1941)

46 U.S.C. § 57521: Secretary of Transportation may terminate charter of government owned merchant vessel without cost to the government (1936)

10 U.S.C. § 2208 (l)(2): Secretary of Defense may waive requirement to notify Congress of advance billing of customer of working capital fund (1997)

10 U.S.C. § 2350j (e)(3)(A): Secretary of Defense, or secretary of a military department authorized by Secretary of Defense, may carry out military construction project using funds contributed from NATO and other countries without a full report to Congress and waiting period (1999)

10 U.S.C. § 2662 (f): Secretary of military department concerned, or Secretary of Defense with respect to Department of Defense transactions, may waive advance reporting requirements for real property transactions (1992)

33 U.S.C. § 2293: Secretary of the Army may terminate or defer any Army civil works project and apply the resources, including funds, personnel, and equipment, of the Army’s civil works program to authorized civil works, military construction, and civil defense projects that are essential to the national defense, without regard to any other provision of law (1986)

42 U.S.C. § 2138: Atomic Energy Commission may suspend atomic energy licenses if necessary to the common defense and security (1946) *

46 U.S.C. § 7507: (a) Secretary of the department in which the Coast Guard is operating may extend an expiring license or certificate of registry for one year; (b) Secretary of the department in which the Coast Guard is operating may extend an expiring merchant mariner’s document for one year (2010)

46 U.S.C. § 53107: Owners or operators of vessels in the Maritime Security Fleet must enter into Emergency Preparedness Agreements with the Secretary of Transportation, in which they agree to make commercial transportation resources (including services) available (2003)

47 U.S.C. § 308: Federal Communications Commission (FCC) may grant temporary broadcast station licenses and construction permits, or temporary modifications and renewals thereof, without the filing of a formal application (1952)

42 U.S.C. § 8374: President may allocate coal and require the transportation thereof for the use of any electric power plant or major fuel-burning installation; and may stay the application of any provision or rule pertaining to electric power plants for up to 90 days or for the duration of the emergency, whichever is shorter (1978)

31 U.S.C. § 3727 (d): Department of Defense, General Services Administration, Department of Energy (when carrying out duties and powers formerly carried out by the Atomic Energy Commission), or other agency the President designates may make contracts that provide, or modify contracts to provide, that a future payment under the contract to an assignee is not subject to reduction or setoff (1982)

7 U.S.C. §§ 1427a (c), (d): (c) Secretary of Agriculture may sell or otherwise dispose of agricultural reserve; (d) Secretary of Agriculture may dispose of agricultural reserve (1973)

42 U.S.C. § 5177a: Secretary of Agriculture may make grants to public agencies or private organizations with 501(c)(3) status that have experience in providing emergency services to low-income migrant and seasonal farmworkers (1990)

46 U.S.C. § 56102: A person may not, without the permission of the Secretary of Transportation, place a vessel owned in whole or in part by a U.S. citizen or corporation under foreign registry; sell or otherwise transfer to a non-citizen a vessel owned in whole or in part by a U.S. citizen, a vessel documented under the laws of the U.S., or a facility for building or repairing vessels; issue, assign, or transfer to a non-citizen an instrument of indebtedness secured by a mortgage of a vessel to a trustee; construct or agree to construct a vessel in the U.S. for a non-citizen; allow a non-citizen to obtain a controlling interest in a U.S. corporation that owns a vessel or a facility for building or repairing vessels; or cause a vessel built in the U.S. to leave before it is documented under the laws of the U.S. (2006)

Criminal Prosecution and Detainment Powers

18 U.S.C. § 793: Criminal provision of the Espionage Act extends to prohibited places designated by the President where anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored (1917)

18 U.S.C. § 2153: Injuring, interfering with, or obstructing the preparation for, or carrying out of, war or defense activities of the United States or associated countries, with the intent to do so or reason to believe the actions will do so, punishable with fine or imprisonment up to 30 years (1948)

18 U.S.C. § 2154: Willful manufacture of defective war material with intent to, or reason to believe it will, injure, interfere with, or obstruct the United States or associated countries’ preparation or carrying out of war or defense activities, punishable with fine or imprisonment up to 30 years (1954)

International Relations

19 U.S.C. § 1318: (a) President may authorize the Secretary of the Treasury to permit duty-free importation of supplies needed for use in emergency relief work; (b) Secretary of the Treasury may eliminate, consolidate, or relocate any office or port of entry of the Customs Service; modify hours of service, alter services rendered at any location, or reduce the number of employees at any location; or take any other action that may be necessary to respond directly to the national emergency or specific threat (1930)

14 U.S.C. § 367 (3): Coast Guard member may be detained in service beyond the term of his or her enlistment, in the interest of national defense, for a period not to exceed six months after the end of the war or the termination of the emergency (1949)

10 U.S.C. § 712 (a)(3): President may detail members of the armed forces to assist any country that he considers it advisable to assist in the interest of national defense (1956)

10 U.S.C. § 123b: President may waive statutory restrictions on using Department of Defense funding to support more than 203,000 members of the armed forces assigned to permanent duty ashore in nations outside the United States (1994)

46 U.S.C. § 8103 (h)(1): President may suspend citizenship and nationality requirements for officers and seamen on documented U.S. vessels (1983)

42 U.S.C. § 6212a (d)(1)(A): President may impose export licensing requirements or other restrictions on the export of crude oil from the United States for up to 1 year (2015)

50 U.S.C. §§ 1701-1707: Known as the International Emergency Economic Powers Act (IEEPA), these statutes confer broad authority to regulate financial and other commercial transactions involving designated entities, including the power to impose sanctions on individuals and countries (1977)

But wait! As mentioned earlier, presidents don’t just power up into Super Saiyans, or better yet turn into Thanos with the Infinity Gauntlet hardware, shutting down the world with a finger snap. Instead, there are limits to the president’s new powers such as:

1. Congress can terminate any national emergency with a veto-proof joint resolution of disapproval (Title II Sec. 202 (a)(1)). In fact, Congress is required to formally meet and decide if they want to vote to terminate a National Emergency within 6 months of its declaration (Title II Sec. 202. (b))

2. All National Emergencies terminate after one year unless renewed within 90 days of expiration (Title II Sec. 202. (5) (b)).

3. States and citizens, who are negatively affected by the steps taken by the president, as a result of the National Emergency, can use the courts to sue on the basis of unconstitutionality. If a state or group of citizens win in court, the National Emergency will be stopped in its tracks. The president has the option to appeal the decision all the way to the Supreme Court where a final verdict will be handed down.

Trump’s National Emergency For Border Wall Funding

On February 15, 2019, President Donald Trump declared a National Emergency Concerning the Southern Border of the United States. It was imposed to claim funding to build a wall on the southern border of the United States, which the president beleives is “a major entry point for criminals, gang members, and illicit narcotics.”

This is the most controversial National Emergency to date because Trump admitted that he’s doing it because Congress denied his 2018 request to for $5.7 billion to build a boarder wall. Instead, Congress gave him $1.4 billion for “border fencing.” Since that is the case, Trump is admittedly using the National Emergency to pull $8 billion to build his wall from the following places:

$1.4 billion from the Homeland Security appropriations bill

$600 million from the Treasury Department’s drug forfeiture fund

$2.5 billion from the Department of Defense’s drug interdiction program

$3.6 billion from the Department of Defense’s military construction account

That is highly significant because, as an equal part of the government, Congress has the exclusive power to allocate and appropriate all money for federal spending. It can be debated that if a president, no matter if they are a republican or democrat, is attacking our democracy when they use a mechanism, such as declaring a needless National Emergency, to under mind Congress’ power.

Aside from that, there are a whole bunch of reasons why many believe this is a false emergency. The most important is that Trump said that there was no emergency when he stated:  “I could have built the wall over a period of time. I didn’t need to do this…” Additionally, recent Drug Enforcement Agency (DEA) stats say that the majority of illegal drugs come into the US at ports of entry (POE) even after pumping money into border technology, fencing, and personnel, and Trump said “And in the bill, by the way, they didn’t even fight us on most of the stuff—ports of entry. We have so much money we don’t know what to do with it. I don’t know what to do with all the money they are giving us. It’s crazy.” Yet, he wants to build a wall instead of coming up with a plan to make POEs as incident proof as possible.  Trump was also unable to offer information about where he got the stats to support his claims about crime tied to illegal immigration:  

For those reasons, Trump’s declaration is being perceived as a political move to appease his base by attempting to fulfill his number one campaign promise of building a wall. In fact Trump said  “the only reason we’re talking about this [the wall] is because of the election.” The Emergency is currently being challenged by Congress and Xavior Becerra, California’s Attorney General, announced on February 18, 2019 that his state and 15 others, including New York, have filed a lawsuit to stop the Boarder Wall National Emergency. [Read the Lawsuit Here]

Many others, such as Republican Senator Lindsey Graham of South Carolina, have stated that Trump is well within his presidential rights to call a National Emergency and pull money allocated to other programs to fund the building of the wall.

On February 26, 2019, Representative Joaquin Castro's Joint Resolution of Disapproval to oppose Trump's national emergency for his border wall was put on the floor for a vote in the House of Representatives. If it receives a majority vote in both the House and the Senate, it will end Trump's quest to take funds assigned to other projects to build his wall.  Yes, it is that short, as important as it is.

 

The Congressional Resolution Manual

Don’t be Mindless.

Read What Congressional Resolutions Are All About. 

Since the signing of the National Emergencies Act,

6 Presidents have declared 41 National Emergencies

31 are still Active

President Jimmy Carter

President Carter Declared 1 National Emergency. 1 is Active.

Declared National Emergencies

Date of Declaration

Status

Type

Description

November 14, 1979

Active

Sanctions

Blocking Iranian Government Property[19] (Executive Order 12170) Further Prohibitions on Transactions with Iran (Executive Order 12211) – prohibitions revoked on January 19, 1981, but national emergency left in effect and neither terminated nor continued[

 

 

President Ronald Reagan

President Clinton Declared 6 National Emergencies. 0 Are Active.

Declared National Emergencies

Date of Declaration

Status

Type

Description

October 14, 1983

Ended December 20, 1983

 

Trade

Continuation of Export Control Regulations (Executive Order 12444)

March 30, 1984

Ended December 20, 1983

Trade

Prohibiting Certain Transactions With Respect to Haiti (Executive Order 12914)

May 1, 1985

Ended July 12, 1985

Sanctions

Proliferation of Weapons of Mass Destruction (Executive Order 12938)

September 9, 1985

Ended March 13, 1990

Sanctions

Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process (Executive Order 12947)

January 7, 1986

Ended July 10, 1991

Sanctions

Prohibiting Certain Transactions with Respect to the Development of Iranian Petroleum Resources (Executive Order 12957)

Apr 8, 1988

Ended September 20, 2004

Sanctions

Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers (Executive Order 12978)

President Bill Clinton

President Clinton Declared 9 National Emergencies. 6 Are Active.

Declared National Emergencies

Date of Declaration

Type

Status

Description

May 7, 1994

 

Ended October 14, 1994

Prohibiting Certain Transactions With Respect to Haiti (Executive Order 12914)

November 14, 1994

Arms

Active

Proliferation of Weapons of Mass Destruction (Executive Order 12938)

January 23, 1995

Sanctions

Active

Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process (Executive Order 12947)

March 15, 1995

Military

Active

Prohibiting Certain Transactions with Respect to the Development of Iranian Petroleum Resources (Executive Order 12957)

Oct 21, 1995

Sanctions

Active

Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers (Executive Order 12978)

March 1, 1996

Maritime

Active

Declaration of a National Emergency and Invocation of Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels (Proclamation 6867)

May 20, 1997

Sanctions

Ended October 7, 2016

Prohibiting New Investment in Burma (Executive Order 13047)

November 3, 1997

Legal

Active

Blocking Sudanese Government Property and Prohibiting Transactions With Sudan (Executive Order 13067)

Jun 9, 1998

Sanctions

Ended May 28, 2003

Blocking Property of the Governments of the Federal Republic of Yugoslavia (Serbia and Montenegro), the Republic of Serbia, and the Republic of Montenegro, and Prohibiting New Investment in the Republic of Serbia in Response to the Situation in Kosovo (Executive Order 13088)

President George W. Bush

President Bush Declared 13 National Emergencies. 11 Are Active.

Declared National Emergencies

Date of Declaration

Type

Status

Description

January 18, 2001

Public Health

Ended January 15, 2004

Prohibiting the Importation of Rough Diamonds From Sierra Leone (Executive Order 13194)

June 26, 2001

Sanctions

Active

Blocking Property of Persons Who Threaten International Stabilization Efforts in the Western Balkans (Executive Order 13219). Amended on May 28, 2003 (Executive Order 13304

August 17, 2001

Trade

Active

Continuation of Export Control Regulations (Executive Order 13222)

September 14, 2001

Military

Active

Declaration of National Emergency by Reason of Certain Terrorist Attacks (Proclamation 7463)

May 16, 2012

Sanctions

Active

Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen (Executive Order 13611)

September 23, 2001

Sanctions

Active

Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism(Executive Order 13224 Amended on July 2, 2002 (Executive Order 13268)[55] to include the Taliban, and on January 23, 2003 (Executive Order 13284)[56] to add the Secretary of Homeland Security into the order’s process.

March 6, 2003

Sanctions

Active

Blocking Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe (Executive Order 13288). Amended on November 22, 2005 (Executive Order 13391

May 22, 2003

Legal

Active

Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest (Executive Order 13303)

May 11, 2004

Sanctions

Active

Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria (Executive Order 13338)[

February 7, 2006

Sanctions

Ended September 14, 2016

Blocking Property of Certain Persons Contributing to the Conflict in Côte d’Ivoire (Executive Order 13396)[

June 16, 2006

Sanctions

Active

Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus (Executive Order 13405)[

October 27, 2006

Sanctions

Active

Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo (Executive Order 13413)

August 1, 2007

Sanctions

Active

Blocking Property of Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions(Executive Order 13441

June 26, 2008

Sanctions

Active

Continuing Certain Restrictions With Respect to North Korea and North Korean Nationals (Executive Order 13466)

President Barak Obama

President Obama Declared 12 National Emergencies. 10 Are Active.

Declared National Emergencies
Date of Declaration Type Status Description
October 23, 2009 Public Health Ended October 23, 2010 Declaration of a National Emergency With Respect to the 2009 H1N1 Influenza Pandemic (Proclamation 8443)
April 12, 2010 Sanctions Active Blocking Property of Certain Persons Contributing to the Conflict in Somalia (Executive Order 13536)
February 25, 2011 Sanctions Active Blocking Property and Prohibiting Certain Transactions Related to Libya (Executive Order 13566)
July 24, 2011 Sanctions Active Blocking Property of Transnational Criminal Organizations (Executive Order 13581)
May 16, 2012 Sanctions Active Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen (Executive Order 13611)
June 25, 2012 Sanctions Ended May 26, 2015 Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted From Nuclear Weapons (Executive Order 13617)
March 6, 2014 Sanctions Active Blocking Property of Certain Persons Contributing to the Situation in Ukraine (Executive Order 13660)
April 3, 2014 Sanctions Active Blocking Property of Certain Persons With Respect to South Sudan (Executive Order 13664)
May 12, 2014 Sanctions Active Blocking Property of Certain Persons Contributing to the Conflict in the Central African Republic (Executive Order 13667)
March 8, 2015 Sanctions Active Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Venezuela (Executive Order 13692)
April 1, 2015 Sanctions Active Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities (Executive Order 13694)
November 22, 2015 Sanctions Active Blocking Property of Certain Persons Contributing to the Situation in Burundi (Executive Order 13712)
President Donald Trump

President Trump Declared 4 National Emergencies. 4 Are Active.

Declared National Emergencies
Date  Type Status Description
December 20, 2017 Sanctions Active Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption (Executive Order 13818)
September 12, 2018 Sanctions Active Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election (Executive Order 13848)
November 27, 2018 Sanctions Active Blocking Property of Certain Persons Contributing to the Situation in Nicaragua (Executive Order 13851)

February 15, 2019

Military Active Declaring a National Emergency Concerning the Southern Border of the United States (Presidential Proclamation)

The National Emergencies Act is rather short law with five sections.

Here is a summary of each of those sections:

Title I: Terminating of Existing Emergencies:

The first thing this law did was to determine that all current emergencies would end within two years of the signing of this bill.

Title II: Declarations of Future National Emergencies:

Presidents can declare a National Emergency for anything they desire. That is because the law does not give any outline of what is or is not an Emergency.  After an Emergency is declared no laws created after it can overwrite it unless they specially intend to by referring to the National Emergency. That is just a matter of housekeeping so that all unintentional conflicts are quickly dismissed.

Even though the President can declare and terminate a National Emergency at anytime, Congress has the power to terminate one as long as both the House and Senate vote “yay” on a resolution to do so. In fact, both houses of Congress are required to meet to determine if they want to terminate a National Emergency no later than six months after it is declared and every six months after that.

If either the Senate or House of Representatives vote “yay” to terminate an emergency, that motion is sent to the opposite body of Congress. And no matter how either the Speaker of the House or the Senate Majority Leader feel about the topic, it must be put on the floor for a vote within fifteen days after it is received. If both parties vote to terminate it by a majority vote, it is ended. If one chamber of Congress disagrees with the other and notes “nay,” the National Emergency is still active.

All National Emergencies automatically terminate within one year unless the President publishes that it is to continue in the Federal Registry within 90 days before its one year anniversary.

Title III: Emergency Powers and Authorities:

The president cannot just do anything they want because of the National Emergency. They must cite what law they are acting under or they must initiate an Executive Order to be published in the executive registry and sent to congress

Title IV: Accounting and Reporting:

The president must keep a detailed records of everything they do (executive orders and proclamations) as a result of the National Emergency. That file must be sent to the congress. The president must also send a report of all of the money that was used as a result of the National Emergency no later than 90 days after each six month period or the final termination of the National Emergency.

Title V: Repeal and Continuation of Certain Emergency Power and Other Statutes:

This section repeals a bunch of laws and provisions for various reasons so they do not conflict with this law.

Repeals that provision of the Immigration and Nationality Act

Repeals the requirement that leases on specified property under the control of a military department must permit the Secretary of that department to revoke the lease at any time.

Repeals specified regulations of consumer credit.

Repeals that provision of the Tennessee Valley Authority Act of 1933, as amended, prohibiting the Tennessee Valley Authority from selling products except ferrophosphorus for use outside of the United States.

Repeals that provision of the criminal code which makes it a crime to enter, remain in, leave, or commit any act in any military area contrary to restrictions applicable thereto which have been prescribed under the authority of an Executive Order of the President or designated military officer.

Repeals the designated provisions of law regarding the promotion of commissioned officers of the Public Health Service.

Repeals designated provisions of the Merchant Ship Sales Act of 1946 regarding price adjustments on the sale of surplus war-built vessels to United States citizens.

Exempts designated provisions of law from this Act.

The Green New Deal (GND) Manual

THIS MANUAL WAS SOURCED FROM THE US CONGRESS WEBSITE

There is much talk about Alexandria Ocasio-Cortez’s (NY) and Senator Edward J. Markey’s (MA) “Green New Deal” (GND) H.RES.109. Some Democrats believe that it is a needed “aspirational” attempt to save our nation’s future from the effects of climate change and the strife of disproportionate wealth.  Trump and other Republicans say that it is a socialist nightmare that will “permanently eliminate all Planes, Cars, Cows, Oil, Gas & the Military.”  

No matter what stance you take, the reality is that the GND is not an attempt to permanently ban anything. Additionally, it can’t save us from anything because it offers no solutions and it is not a bill, with the potential to effect policy, that can be voted into law. Instead, it is a Non-Binding Congressional Resolution that simply wants Congress to formally acknowledge that Climate Change is a serious global threat and there is a massive disproportional distribution of wealth. 

The Green New Deal is not a bill that can become law and change policies. Instead, it is a Non-Binding Congessional Resolution.

Definition: Non-Binding Congressional Resolution

A Non-Binding Congressional Resolution is a statement that formally expresses congresses’ position on a specific policy issue. Non Binding Congressional Resolutions are NOT laws and do NOT alter policy.

The GND Wants Congress to Acknowledge These key Dangers of Climate Change:

October 2018’s “Special Report on Global Warming of 1.5 C’’ is accurate and Climate Change is a serious threat that is “causing sea levels to rise and an increase in wildfires, severe storms, droughts, and other extreme weather events that threaten human life.”

Climate Change will cause “$500,000,000,000 in lost annual economic output in the United States by the year 2100” and will destroy $1,000,000,000,000 worth of infrastructure.

The US is a major source of global carbon emissions, contribution around 20%, and must take a leading role in reducing admissions.

The GND wants Congress to Acknowledge These Facts About Wealth:

Life expectancy is on a decline because US citizens don’t have access to “basic needs, such as clean air, clean water, healthy food, and adequate health care, housing, transportation, and education…”

Women and Blacks earn less than their counterparts.

Wages have been stagnant for 4 decades.

The top 1% of the population holds the majority of the earned wealth since the Great Depression.

The GND Wants Congress to Combat the Above Issues by Doing the Following in the Next 10 Years:

Achieve net-zero greenhouse gas emissions

Create millions of high-wage jobs

Invest in infrastructure in ways that will improve transportation, energy production, and resilience to the effects of climate change

Secure clean air and water, climate and community resiliency; healthy food; access to nature; and a sustainable environment.

Promote justice, equality, and prosperity for all people by guaranteeing all a “a job with a family-sustaining wage, adequate family and medical leave, paid vacations, and retirement security to all people of the United States.”

Invest in changes in transportation, farming, and manufacturing so we are 100%  reliant on clean, renewable, and zero-emission energy sources.

Grow domestic manufacturing in the United States.

Stop the transfer of jobs and pollution overseas.