50 U.S.C. § 1621 Declaration of National Emergency By President; Publication In Federal Register; Effect On Other Laws; Superseding Legislation

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-21 (published on www.congress.gov on 11/13/2023)

(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.

Cite as 50 U.S.C. § 1621

Source: Pub. L. 94-412, title II, §201, Sept. 14, 1976, 90 Stat. 1255.

current through 5/22/2023

STATUTORY NOTES AND RELATED SUBSIDIARIES

TERMINATION OF NATIONAL EMERGENCY CONCERNING COVID-19

Pub. L. 118-3, 137 Stat. 6, provided: "That, pursuant to section 202 of the National Emergencies Act ( 50 U.S.C. 1622 ), the national emergency declared by the finding of the President on March 13, 2020, in Proclamation 9994 (85 Fed. Reg. 15337) [set out below] is hereby terminated."

EXECUTIVE DOCUMENTS

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 [now 2127, 2308, and 2314] 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. 9, 2022, 87 F.R. 55897, provided:

Consistent with section 202(d) of the National Emergencies Act, 50 U.S.C. 1622(d), I am continuing for 1 year the national emergency previously declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks of September 11, 2001, and the continuing and immediate threat of further attacks on the United States.

Because the terrorist threat continues, the national emergency declared on September 14, 2001, and the powers and authorities adopted to deal with that emergency must continue in effect beyond September 14, 2022. Therefore, I am continuing in effect for an additional year the national emergency that was 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.

J.R. Biden, Jr.

Prior continuations of national emergency declared by Proc. No. 7463 were contained in the following:

Notice of President of the United States, dated Sept. 9, 2021, 86 F.R. 50835.

Notice of President of the United States, dated Sept. 10, 2020, 85 F.R. 56467.

Notice of President of the United States, dated Sept. 12, 2019, 84 F.R. 48545.

Notice of President of the United States, dated Sept. 10, 2018, 83 F.R. 46067.

Notice of President of the United States, dated Sept. 11, 2017, 82 F.R. 43153.

Notice of President of the United States, dated Aug. 30, 2016, 81 F.R. 60579.

Notice of President of the United States, dated Sept. 10, 2015, 80 F.R. 55013.

Notice of President of the United States, dated Sept. 4, 2014, 79 F.R. 53279.

Notice of President of the United States, dated Sept. 10, 2013, 78 F.R. 56581.

Notice of President of the United States, dated Sept. 11, 2012, 77 F.R. 56517.

Notice of President of the United States, dated Sept. 9, 2011, 76 F.R. 56633.

Notice of President of the United States, dated Sept. 10, 2010, 75 F.R. 55661.

Notice of President of the United States, dated Sept. 10, 2009, 74 F.R. 46883.

Notice of President of the United States, dated Aug. 28, 2008, 73 F.R. 51211.

Notice of President of the United States, dated Sept. 12, 2007, 72 F.R. 52465.

Notice of President of the United States, dated Sept. 5, 2006, 71 F.R. 52733.

Notice of President of the United States, dated Sept. 8, 2005, 70 F.R. 54229.

Notice of President of the United States, dated Sept. 10, 2004, 69 F.R. 55313.

Notice of President of the United States, dated Sept. 10, 2003, 68 F.R. 53665.

Notice of President of the United States, dated Sept. 12, 2002, 67 F.R. 58317.

PROCLAMATION NO. 9844

Proc. No. 9844, Feb. 15, 2019, 84 F.R. 4949, which declared a national emergency at the southern border of the United States, was terminated by Proc. No. 10142, Jan. 20, 2021, 86 F.R. 7225, set out below.

Continuations of national emergency declared by Proc. No. 9844 were contained in the following:

Notice of President of the United States, dated Jan. 15, 2021, 86 F.R. 6557.

Notice of President of the United States, dated Feb. 13, 2020, 85 F.R. 8715.

PROC. NO. 9994. DECLARING A NATIONAL EMERGENCY CONCERNING THE NOVEL CORONAVIRUS DISEASE (COVID-19) OUTBREAK

Proc. No. 9994, Mar. 13, 2020, 85 F.R. 15337, provided:

In December 2019, a novel (new) coronavirus known as SARS-CoV-2 ("the virus") was first detected in Wuhan, Hubei Province, People's Republic of China, causing outbreaks of the coronavirus disease COVID-19 that has now spread globally. The Secretary of Health and Human Services (HHS) declared a public health emergency on January 31, 2020, under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), in response to COVID-19. I have taken sweeping action to control the spread of the virus in the United States, including by suspending entry of foreign nationals seeking entry who had been physically present within the prior 14 days in certain jurisdictions where COVID-19 outbreaks have occurred, including the People's Republic of China, the Islamic Republic of Iran, and the Schengen Area of Europe. The Federal Government, along with State and local governments, has taken preventive and proactive measures to slow the spread of the virus and treat those affected, including by instituting Federal quarantines for individuals evacuated from foreign nations, issuing a declaration pursuant to section 319F-3 of the Public Health Service Act ( 42 U.S.C. 247d-6d ), and releasing policies to accelerate the acquisition of personal protective equipment and streamline bringing new diagnostic capabilities to laboratories. On March 11, 2020, the World Health Organization announced that the COVID-19 outbreak can be characterized as a pandemic, as the rates of infection continue to rise in many locations around the world and across the United States.