US (United States) Code. Title 50. Chapter 34: National emergencies

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # War and National Defense

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-CITE-

50 USC CHAPTER 34 - NATIONAL EMERGENCIES 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

-HEAD-

CHAPTER 34 - NATIONAL EMERGENCIES

-MISC1-

SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES

Sec.

1601. Termination of existing declared emergencies.

SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

1621. Declaration of national emergency by President;

publication in Federal Register; effect on other

laws; superseding legislation.

1622. National emergencies.

(a) Termination methods.

(b) Termination review of national emergencies by

Congress.

(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.

(d) Automatic termination of national emergency;

continuation notice from President to

Congress; publication in Federal Register.

SUBCHAPTER III - EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

1631. Declaration of national emergency by Executive order;

authority; publication in Federal Register;

transmittal to Congress.

SUBCHAPTER IV - ACCOUNTABILITY AND REPORTING REQUIREMENTS OF

PRESIDENT

1641. Accountability and reporting requirements of

President.

(a) Maintenance of file and index of Presidential

orders, rules and regulations during national

emergency.

(b) Presidential orders, rules and regulations;

transmittal to Congress.

(c) Expenditures during national emergency;

Presidential reports to Congress.

SUBCHAPTER V - APPLICATION TO POWERS AND AUTHORITIES OF OTHER

PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

1651. Other laws, powers and authorities conferred thereby,

and actions taken thereunder; Congressional studies.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1706 of this title; title

10 sections 2350j, 2662, 2808; title 19 section 1318; title 30

section 185; title 33 section 2293; title 42 section 1320b-5.

-End-

-CITE-

50 USC SUBCHAPTER I - TERMINATING EXISTING DECLARED

EMERGENCIES 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES

-HEAD-

SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES

-End-

-CITE-

50 USC Sec. 1601 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES

-HEAD-

Sec. 1601. Termination of existing declared emergencies

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-412, title I, Sec. 101, Sept. 14, 1976, 90 Stat. 1255.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 94-412 provided: "That this Act [enacting

this chapter, amending section 1481 of Title 8, Aliens and

Nationality, and section 2667 of Title 10, Armed Forces, repealing

section 249 of Title 12, Banks and Banking, section 831d of Title

16, Conservation, section 1383 of Title 18, Crimes and Criminal

Procedure, section 211b of Title 42, The Public Health and Welfare,

and section 1742 of the Appendix to this title, and enacting

provisions set out below] may be cited as the 'National Emergencies

Act'."

SAVINGS PROVISION

Section 501(h) of Pub. L. 94-412 provided that: "This section

[amending section 1481 of Title 8, Aliens and Nationality and

section 2667 of Title 10, Armed Forces, and repealing section 249

of Title 12, Banks and Banking, section 831d of Title 16,

Conservation, section 1383 of Title 18, Crimes and Criminal

Procedure, and section 211b of Title 42, The Public Health and

Welfare] shall not affect -

"(1) any action taken or proceeding pending not finally

concluded or determined at the time of repeal;

"(2) any action or proceeding based on any act committee prior

to repeal; or

"(3) any rights or duties that matured or penalties that were

incurred prior to repeal."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1706 of this title.

-End-

-CITE-

50 USC SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL

EMERGENCIES 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

-HEAD-

SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1706 of this title;

title 10 sections 123, 527, 12006; title 42 section 8374.

-End-

-CITE-

50 USC Sec. 1621 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

-HEAD-

Sec. 1621. Declaration of national emergency by President;

publication in Federal Register; effect on other laws;

superseding legislation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-412, title II, Sec. 201, Sept. 14, 1976, 90 Stat.

1255.)

-EXEC-

PROC. NO. 7463. DECLARATION OF NATIONAL EMERGENCY BY REASON OF

CERTAIN TERRORIST ATTACKS

Proc. No. 7463, Sept. 14, 2001, 66 F.R. 48199, provided:

A national emergency exists by reason of the terrorist attacks at

the World Trade Center, New York, New York, and the Pentagon, and

the continuing and immediate threat of further attacks on the

United States.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States

of America, by virtue of the authority vested in me as President by

the Constitution and the laws of the United States, I hereby

declare that the national emergency has existed since September 11,

2001, and, pursuant to the National Emergencies Act (50 U.S.C. 1601

et seq.), I intend to utilize the following statutes: sections 123,

123a, 527, 2201(c), 12006, and 12302 of title 10, United States

Code, and sections 331, 359, and 367 of title 14, United States

Code.

This proclamation immediately shall be published in the Federal

Register or disseminated through the Emergency Federal Register,

and transmitted to the Congress.

This proclamation is not intended to create any right or benefit,

substantive or procedural, enforceable at law by a party against

the United States, its agencies, its officers, or any person.

IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth

day of September, in the year of our Lord two thousand one, and of

the Independence of the United States of America the two hundred

and twenty-sixth.

George W. Bush.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY PROC. NO. 7463

Notice of President of the United States, dated Sept. 12, 2002,

67 F.R. 58317, provided:

In accordance with section 202(d) of the National Emergencies Act

(50 U.S.C. 1622(d)), I am continuing for 1 year the national

emergency I declared on September 14, 2001, in Proclamation 7463

[set out above], with respect to the terrorist attacks at the World

Trade Center, New York, New York, and the Pentagon, and the

continuing and immediate threat of further attacks on the United

States.

By Executive Order 13223 of September 14, 2001 [10 U.S.C. 12302

note], and Executive Order 13253 of January 16, 2002 [10 U.S.C.

12302 note], I delegated authority to the Secretary of Defense and

the Secretary of Transportation to order members of the Reserve

Components to active duty and to waive certain statutory military

personnel requirements. By Executive Order 13235 of November 16,

2001 [10 U.S.C. 2808 note], I delegated authority to the Secretary

of Defense to exercise certain emergency construction authority.

Because the terrorist threat continues, the national emergency

declared on September 14, 2001, and the measures taken on September

14, 2001, November 16, 2001, and January 16, 2002, to deal with

that emergency, must continue in effect beyond September 14, 2002.

Therefore, I am continuing in effect for 1 year the national

emergency I declared on September 14, 2001, with respect to the

terrorist threat.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

-End-

-CITE-

50 USC Sec. 1622 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

SUBCHAPTER II - DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

-HEAD-

Sec. 1622. National emergencies

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-412, title II, Sec. 202, Sept. 14, 1976, 90 Stat. 1255;

Pub. L. 99-93, title VIII, Sec. 801, Aug. 16, 1985, 99 Stat. 448.)

-MISC1-

AMENDMENTS

1985 - Subsecs. (a) to (c). Pub. L. 99-93 substituted "there is

enacted into law a joint resolution terminating the emergency" for

"Congress terminates the emergency by concurrent resolution" in

par. (1) of subsec. (a), and substituted "joint resolution" for

"concurrent resolution" wherever appearing in second sentence of

subsec. (a), subsec. (b), and pars. (1) to (4) of subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1706 of this title.

-End-

-CITE-

50 USC SUBCHAPTER III - EXERCISE OF EMERGENCY POWERS AND

AUTHORITIES 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

SUBCHAPTER III - EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

-HEAD-

SUBCHAPTER III - EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

-End-

-CITE-

50 USC Sec. 1631 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

SUBCHAPTER III - EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

-HEAD-

Sec. 1631. Declaration of national emergency by Executive order;

authority; publication in Federal Register; transmittal to

Congress

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-412, title III, Sec. 301, Sept. 14, 1976, 90 Stat.

1257.)

-MISC1-

RELEASE OF AMERICAN HOSTAGES IN IRAN

For provisions relating to the release of the American hostages

in Iran, see Ex. Ord. Nos. 12276 to 12285, Jan. 19, 1981, 46 F.R.

7913 to 7932, set out under section 1701 of this title.

-End-

-CITE-

50 USC SUBCHAPTER IV - ACCOUNTABILITY AND REPORTING

REQUIREMENTS OF PRESIDENT 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

SUBCHAPTER IV - ACCOUNTABILITY AND REPORTING REQUIREMENTS OF

PRESIDENT

-HEAD-

SUBCHAPTER IV - ACCOUNTABILITY AND REPORTING REQUIREMENTS OF

PRESIDENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1703 of this title.

-End-

-CITE-

50 USC Sec. 1641 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

SUBCHAPTER IV - ACCOUNTABILITY AND REPORTING REQUIREMENTS OF

PRESIDENT

-HEAD-

Sec. 1641. Accountability and reporting requirements of President

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-412, title IV, Sec. 401, Sept. 14, 1976, 90 Stat.

1257.)

-End-

-CITE-

50 USC SUBCHAPTER V - APPLICATION TO POWERS AND

AUTHORITIES OF OTHER PROVISIONS OF LAW AND

ACTIONS TAKEN THEREUNDER 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

SUBCHAPTER V - APPLICATION TO POWERS AND AUTHORITIES OF OTHER

PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

-HEAD-

SUBCHAPTER V - APPLICATION TO POWERS AND AUTHORITIES OF OTHER

PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

-End-

-CITE-

50 USC Sec. 1651 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 34 - NATIONAL EMERGENCIES

SUBCHAPTER V - APPLICATION TO POWERS AND AUTHORITIES OF OTHER

PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

-HEAD-

Sec. 1651. Other laws, powers and authorities conferred thereby,

and actions taken thereunder; Congressional studies

-STATUTE-

(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) Act of June 30, 1949 (41 U.S.C. 252);

(2) Section 3727(a)-(e)(1) of title 31;

(3) Section 3737 of the Revised Statutes, as amended (41 U.S.C.

15);

(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.

-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;

Pub. L. 105-362, title IX, Sec. 901(r)(2), Nov. 10, 1998, 112 Stat.

3291; Pub. L. 107-314, div. A, title X, Sec. 1062(o)(1), Dec. 2,

2002, 116 Stat. 2652.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 30, 1949 (41 U.S.C. 252), referred to in subsec.

(a)(1), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended,

known as the Federal Property and Administrative Services Act of

1949. Except for title III of the Act, which is classified

generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title

41, Public Contracts, the Act was repealed and reenacted by Pub. L.

107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as

chapters 1 to 11 of Title 40, Public Buildings, Property, and

Works. Section 302 of the Act is classified to section 252 of Title

41, Public Contracts.

Public Law 85-804, referred to in subsec. (a)(4), is Pub. L.

85-804, Aug. 28, 1958, 72 Stat. 972, as amended, which is

classified generally to chapter 29 (Sec. 1431 et seq.) of this

title. For complete classification of this Act to the Code, see

Tables.

Section 2304(a)(1) of title 10, referred to in subsec. (a)(5),

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.

-COD-

CODIFICATION

In subsec. (a)(2), "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.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-314 struck out par. (2), which

read "Act of April 28, 1942 (40 U.S.C. 278b);", and redesignated

pars. (3) to (7) as (1) to (5), respectively.

1998 - Subsec. (a)(6). Pub. L. 105-362 substituted "1431 et seq."

for "1431-1435".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1622 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The semicolon probably should be a period.

-End-