50 U.S.C. § 1621 — Declaration of national emergency by

Page 144 TITLE 50—WAR AND NATIONAL DEFENSE § 1621 SAVINGS PROVISION Pub. L. 94–412, title V, § 501(h), Sept. 14, 1976, 90 Stat. 1258, 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 fi- nally concluded or determined at the time of repeal; ‘‘(2) any action or proceeding based on any act com- mitted prior to repeal; or ‘‘(3) any rights or duties that matured or penalties that were incurred prior to repeal.’’ SUBCHAPTER II—DECLARATIONS OF FUTURE NATIONAL EMERGENCIES § 1621. Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation (a) With respect to Acts of Congress author- izing the exercise, during the period of a na- tional emergency, of any special or extraor- dinary power, the President is authorized to de- clare such national emergency. Such proclama- tion 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 ef- fect (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. (Pub. L. 94–412, title II, § 201, Sept. 14, 1976, 90 Stat. 1255.) Statutory Notes and Related Subsidiaries TERMINATION OF NATIONAL EMERGENCY CONCERNING COVID–19 Pub. L. 118–3, Apr. 10, 2023, 137 Stat. 6, provided: ‘‘That, pursuant to section 202 of the National Emer- gencies Act (50 U.S.C. 1622), the national emergency de- clared 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 ter- rorist 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 au- thority 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, 2024, 89 F.R. 74101, provided: Consistent with section 202(d) of the National Emer- gencies 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 pow- ers and authorities adopted to deal with that emer- gency must continue in effect beyond September 14, 2024. Therefore, I am continuing in effect for an addi- tional 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. 7, 2023, 88 F.R. 62433. Notice of President of the United States, dated Sept. 9, 2022, 87 F.R. 55897. 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. Page 145 TITLE 50—WAR AND NATIONAL DEFENSE § 1621 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 de- clared 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 CON- CERNING 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 emer- gency on January 31, 2020, under section 319 of the Pub- lic 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 na- tions, 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 per- sonal 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 pan- demic, as the rates of infection continue to rise in many locations around the world and across the United States. The spread of COVID–19 within our Nation’s commu- nities threatens to strain our Nation’s healthcare sys- tems. As of March 12, 2020, 1,645 people from 47 States have been infected with the virus that causes COVID–19. It is incumbent on hospitals and medical fa- cilities throughout the country to assess their pre- paredness posture and be prepared to surge capacity and capability. Additional measures, however, are needed to successfully contain and combat the virus in the United States. NOW, THEREFORE, I, DONALD J. TRUMP, Presi- dent of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) [50 U.S.C. 1621, 1631] and consistent with section 1135 of the Social Security Act (SSA), as amended (42 U.S.C. 1320b–5), do hereby find and proclaim that the COVID–19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Pursuant to this declaration, I direct as follows: SECTION 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain require- ments of the Medicare, Medicaid, and State Children’s Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emer- gency declared in response to the COVID–19 outbreak. SEC. 2. Certification and Notice. In exercising this au- thority, the Secretary of HHS shall provide certifi- cation and advance written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. 1320b–5(d)). SEC. 3. General Provisions. (a) Nothing in this procla- mation shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This proclamation shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This proclamation is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of March, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth. DONALD J. TRUMP. [National emergency declared in Proc. No. 9994, set out above, terminated by Pub. L. 118–3, Apr. 10, 2023, 137 Stat. 6, set out above.] Continuations of the national emergency declared by Proc. No. 9994 were contained in the following: Notice of President of the United States, dated Feb. 10, 2023, 88 F.R. 9385. Notice of President of the United States, dated Feb. 18, 2022, 87 F.R. 10289. Notice of President of the United States, dated Feb. 24, 2021, 86 F.R. 11599. PROC. NO. 10142. TERMINATION OF EMERGENCY WITH RE- SPECT TO THE SOUTHERN BORDER OF THE UNITED STATES AND REDIRECTION OF FUNDS DIVERTED TO BOR- DER WALL CONSTRUCTION Proc. No. 10142, Jan. 20, 2021, 86 F.R. 7225, provided: Like every nation, the United States has a right and a duty to secure its borders and protect its people against threats. But building a massive wall that spans the entire southern border is not a serious policy solu- tion. It is a waste of money that diverts attention from genuine threats to our homeland security. My Adminis- tration is committed to ensuring that the United States has a comprehensive and humane immigration system that operates consistently with our Nation’s values. In furtherance of that commitment, I have de- termined that the declaration of a national emergency at our southern border in Proclamation 9844 of Feb- ruary 15, 2019 (Declaring a National Emergency Con- cerning the Southern Border of the United States) [for- merly set out above], was unwarranted. It shall be the policy of my Administration that no more American taxpayer dollars be diverted to construct a border wall. I am also directing a careful review of all resources ap- propriated or redirected to construct a southern border wall. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., Presi- dent of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 202 [50 U.S.C. 1622] of the National Emergencies Act (50 U.S.C. 1601 et seq.), hereby declare that the national emer- gency declared by Proclamation 9844, and continued on February 13, 2020 (85 Fed. Reg. 8715), and January 15, 2021 [86 F.R. 6557], is terminated and that the authorites invoked in that proclamation will no longer be used to construct a wall at southen border. I hereby futher direct as follows: Page 146 TITLE 50—WAR AND NATIONAL DEFENSE § 1621 SECTION 1. Pause in Construction and Obligation of Funds. (a) The Secretary of Defense and the Secretary of Homeland Security, in consultation with the Direc- tor of the Office of Management and Budget, shall di- rect the appropriate officials within their respective departments to: (i) pause work on each construction project on the southern border wall, to the extent permitted by law, as soon as possible but in no case later than seven days from the date of this proclamation [Jan. 20, 2021], to permit: (A) assessment of the legality of the funding and contracting methods used to construct the wall; (B) assessment of the administrative and contrac- tual consequences of ceasing each wall construction project; and (C) completion and implementation of the plan de- veloped in accordance with section 2 of this procla- mation; (ii) pause immediately the obligation of funds related to construction of the southern border wall, to the ex- tent permitted by law; and (iii) compile detailed information on all southern bor- der wall construction contracts, the completion status of each wall construction project, and the funds used for wall construction since February 15, 2019, including directly appropriated funds and funds drawn from the Treasury Forfeiture Fund (31 U.S.C. 9705(g)(4)(B)), the Department of Defense Drug Interdiction and Counter- Drug Activities account (10 U.S.C. 284), and the Depart- ment of Defense Military Construction account (pursu- ant to the emergency authorities in 10 U.S.C. 2808(a) and 33 U.S.C. 2293(a)). (b) The pause directed in subsection (a)(i) of this sec- tion shall apply to wall projects funded by redirected funds as well as wall projects funded by direct appro- priations. The Secretary of Defense and the Secretary of Homeland Security may make an exception to the pause, however, for urgent measures needed to avert immediate physical dangers or where an exception is required to ensure that funds appropriated by the Con- gress fulfill their intended purpose. SEC. 2. Plan for Redirecting Funding and Repurposing Contracts. The Secretary of Defense and the Secretary of Homeland Security, in coordination with the Sec- retary of the Treasury, the Attorney General, the Di- rector of the Office of Management and Budget, and the heads of any other appropriate executive departments and agencies, and in consultation with the Assistant to the President for National Security Affairs, shall de- velop a plan for the redirection of funds concerning the southern border wall, as appropriate and consistent with applicable law. The process of developing the plan shall include consideration of terminating or repurposing contracts with private contractors engaged in wall construction, while providing for the expendi- ture of any funds that the Congress expressly appro- priated for wall construction, consistent with their ap- propriated purpose. The plan shall be developed within 60 days from the date of this proclamation. After the plan is developed, the Secretary of Defense and the Sec- retary of Homeland Security shall take all appropriate steps to resume, modify, or terminate projects and to otherwise implement the plan. SEC. 3. Definition. Consistent with Executive Order 13767 of January 25, 2017 (Border Security and Immigra- tion Enforcement Improvements) [former 8 U.S.C. 1103 note], for the purposes of this proclamation, ‘‘wall’’ means a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier. SEC. 4. General Provisions. (a) Nothing in this procla- mation shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This proclamation shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This proclamation is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-one, and of the Independ- ence of the United States of America the two hundred and forty-fifth. J.R. BIDEN, JR. EX. ORD. NO. 13920. SECURING THE UNITED STATES BULK- POWER SYSTEM Ex. Ord. No. 13920, May 1, 2020, 85 F.R. 26595, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code, I, DONALD J. TRUMP, President of the United States of America, find that foreign adversaries are in- creasingly creating and exploiting vulnerabilities in the United States bulk-power system, which provides the electricity that supports our national defense, vital emergency services, critical infrastructure, economy, and way of life. The bulk-power system is a target of those seeking to commit malicious acts against the United States and its people, including malicious cyber activities, because a successful attack on our bulk- power system would present significant risks to our economy, human health and safety, and would render the United States less capable of acting in defense of itself and its allies. I further find that the unrestricted acquisition or use in the United States of bulk-power system electric equipment designed, developed, manu- factured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries augments the ability of foreign adversaries to create and exploit vulnerabilities in bulk-power sys- tem electric equipment, with potentially catastrophic effects. I therefore determine that the unrestricted for- eign supply of bulk-power system electric equipment constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, which has its source in whole or in sub- stantial part outside the United States. This threat ex- ists both in the case of individual acquisitions and when acquisitions are considered as a class. Although maintaining an open investment climate in bulk-power system electric equipment, and in the United States economy more generally, is important for the overall growth and prosperity of the United States, such open- ness must be balanced with the need to protect our Na- tion against a critical national security threat. To ad- dress this threat, additional steps are required to pro- tect the security, integrity, and reliability of bulk- power system electric equipment used in the United States. In light of these findings, I hereby declare a na- tional emergency with respect to the threat to the United States bulk-power system. Accordingly, I hereby order: SECTION 1. Prohibitions and Implementation. (a) The fol- lowing actions are prohibited: any acquisition, impor- tation, transfer, or installation of any bulk-power sys- tem electric equipment (transaction) by any person, or with respect to any property, subject to the jurisdic- tion of the United States, where the transaction in- volves any property in which any foreign country or a national thereof has any interest (including through an interest in a contract for the provision of the equip- ment), where the transaction was initiated after the date of this order [May 1, 2020], and where the Sec- retary of Energy (Secretary), in coordination with the Director of the Office of Management and Budget and in consultation with the Secretary of Defense, the Sec- retary of Homeland Security, the Director of National Page 147 TITLE 50—WAR AND NATIONAL DEFENSE § 1621 Intelligence, and, as appropriate, the heads of other ex- ecutive departments and agencies (agencies), has deter- mined that: (i) the transaction involves bulk-power system elec- tric equipment designed, developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; and (ii) the transaction: (A) poses an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of the bulk-power system in the United States; (B) poses an undue risk of catastrophic effects on the security or resiliency of United States critical in- frastructure or the economy of the United States; or (C) otherwise poses an unacceptable risk to the na- tional security of the United States or the security and safety of United States persons. (b) The Secretary, in consultation with the heads of other agencies as appropriate, may at the Secretary’s discretion design or negotiate measures to mitigate concerns identified under section 1(a) of this order. Such measures may serve as a precondition to the ap- proval by the Secretary of a transaction or of a class of transactions that would otherwise be prohibited pur- suant to this order. (c) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order. (d) The Secretary, in consultation with the heads of other agencies as appropriate, may establish and pub- lish criteria for recognizing particular equipment and particular vendors in the bulk-power system electric equipment market as pre-qualified for future trans- actions; and may apply these criteria to establish and publish a list of pre-qualified equipment and vendors. Nothing in this provision limits the Secretary’s author- ity under this section to prohibit or otherwise regulate any transaction involving pre-qualified equipment or vendors. SEC. 2. Authorities. (a) The Secretary is hereby au- thorized to take such actions, including directing the timing and manner of the cessation of pending and fu- ture transactions prohibited pursuant to section 1 of this order, adopting appropriate rules and regulations, and employing all other powers granted to the Presi- dent by IEEPA as may be necessary to implement this order. The heads of all agencies, including the Board of Directors of the Tennessee Valley Authority, shall take all appropriate measures within their authority as ap- propriate and consistent with applicable law, to imple- ment this order. (b) Rules and regulations issued pursuant to this order may, among other things, determine that par- ticular countries or persons are foreign adversaries ex- clusively for the purposes of this order; identify persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries exclusively for the purposes of this order; identify particular equipment or countries with respect to which transactions involving bulk-power system electric equipment warrant par- ticular scrutiny under the provisions of this order; es- tablish procedures to license transactions otherwise prohibited pursuant to this order; and identify a mech- anism and relevant factors for the negotiation of agree- ments to mitigate concerns raised in connection with subsection 1(a) of this order. Within 150 days of the date of this order, the Secretary, in consultation with the Secretary of Defense, the Secretary of Homeland Secu- rity, the Director of National Intelligence, and, as ap- propriate, the heads of other agencies, shall publish rules or regulations implementing the authorities dele- gated to the Secretary by this order. (c) The Secretary may, consistent with applicable law, redelegate any of the authorities conferred on the Secretary pursuant to this section within the Depart- ment of Energy. (d) As soon as practicable, the Secretary, in consulta- tion with the Secretary of Defense, the Secretary of the Interior, the Secretary of Homeland Security, the Di- rector of National Intelligence, the Board of Directors of the Tennessee Valley Authority, and the heads of such other agencies as the Secretary considers appro- priate, shall: (i) identify bulk-power system electric equipment de- signed, developed, manufactured, or supplied, by per- sons owned by, controlled by, or subject to the jurisdic- tion or direction of a foreign adversary that poses an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, in- stallation, operation, or maintenance of the bulk-power system in the United States, poses an undue risk of catastrophic effects on the security or resiliency of United States critical infrastructure or the economy of the United States, or otherwise poses an unacceptable risk to the national security of the United States or the security and safety of United States persons; and (ii) develop recommendations on ways to identify, isolate, monitor, or replace such items as soon as prac- ticable, taking into consideration overall risk to the bulk-power system. SEC. 3. Task Force on Federal Energy Infrastructure Pro- curement Policies Related to National Security. (a) There is hereby established a Task Force on Federal Energy Infrastructure Procurement Policies Related to Na- tional Security (Task Force), which shall work to pro- tect the Nation from national security threats through the coordination of Federal Government procurement of energy infrastructure and the sharing of risk infor- mation and risk management practices to inform such procurement. The Task Force shall be chaired by the Secretary or the Secretary’s designee. (b) In addition to the Chair of the Task Force (Chair), the Task Force membership shall include the following heads of agencies, or their designees: (i) the Secretary of Defense; (ii) the Secretary of the Interior; (iii) the Secretary of Commerce; (iv) the Secretary of Homeland Security; (v) the Director of National Intelligence; (vi) the Director of the Office of Management and Budget; and (vii) the head of any other agency that the Chair may designate in consultation with the Secretary of Defense and the Secretary of the Interior. (c) The Task Force shall: (i) develop a recommended consistent set of energy infrastructure procurement policies and procedures for agencies, to the extent consistent with law, to ensure that national security considerations are fully inte- grated across the Federal Government, and submit such recommendations to the Federal Acquisition Reg- ulatory Council (FAR Council); (ii) evaluate the methods and criteria used to incor- porate national security considerations into energy se- curity and cybersecurity policymaking; (iii) consult with the Electricity Subsector Coordi- nating Council and the Oil and Natural Gas Subsector Coordinating Council in developing the recommenda- tions and evaluation described in subsections (c)(i) through (ii) of this section; and (iv) conduct any other studies, develop any other rec- ommendations, and submit any such studies and rec- ommendations to the President, as appropriate and as directed by the Secretary. (d) The Department of Energy shall provide adminis- trative support and funding for the Task Force, to the extent consistent with applicable law. (e) The Task Force shall meet as required by the Chair and, unless extended by the Chair, shall termi- nate once it has accomplished the objectives set forth in subsection (c) of this section, as determined by the Chair, and completed the reports described in sub- section (f) of this section. (f) The Task Force shall submit to the President, through the Chair and the Director of the Office of Management and Budget: Page 148 TITLE 50—WAR AND NATIONAL DEFENSE § 1622 (i) a report within 1 year from the date of this order [May 1, 2020]; (ii) a subsequent report at least once annually there- after while the Task Force remains in existence; and (iii) such other reports as appropriate and as directed by the Chair. (g) In the reports submitted under subsection (f) of this section, the Task Force shall summarize its progress, findings, and recommendations described in subsection (c) of this section. (h) Because attacks on the bulk-power system can originate through the distribution system, the Task Force shall engage with distribution system industry groups, to the extent consistent with law and national security. Within 180 days of receiving the recommenda- tions pursuant to subsection (c)(i) of this section, the FAR Council shall consider proposing for notice and public comment an amendment to the applicable provi- sions in the Federal Acquisition Regulation to imple- ment the recommendations provided pursuant to sub- section (c)(i) of this section. SEC. 4. Definitions. For purposes of this order, the fol- lowing definitions shall apply: (a) The term ‘‘bulk-power system’’ means (i) facilities and control systems necessary for operating an inter- connected electric energy transmission network (or any portion thereof); and (ii) electric energy from gen- eration facilities needed to maintain transmission reli- ability. For the purpose of this order, this definition in- cludes transmission lines rated at 69,000 volts (69 kV) or more, but does not include facilities used in the local distribution of electric energy. (b) The term ‘‘bulk-power system electric equip- ment’’ means items used in bulk-power system sub- stations, control rooms, or power generating stations, including reactors, capacitors, substation transformers, current coupling capacitors, large generators, backup generators, substation voltage regulators, shunt capac- itor equipment, automatic circuit reclosers, instru- ment transformers, coupling capacity voltage trans- formers, protective relaying, metering equipment, high voltage circuit breakers, generation turbines, indus- trial control systems, distributed control systems, and safety instrumented systems. Items not included in the preceding list and that have broader application of use beyond the bulk-power system are outside the scope of this order. (c) The term ‘‘entity’’ means a partnership, associa- tion, trust, joint venture, corporation, group, subgroup, or other organization. (d) The term ‘‘foreign adversary’’ means any foreign government or foreign non-government person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or its allies or the security and safety of United States persons. (e) The term ‘‘person’’ means an individual or entity. (f) The term ‘‘procurement’’ means the acquiring by contract with appropriated funds of supplies or serv- ices, including installation services, by and for the use of the Federal Government, through purchase, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evalu- ated. (g) The term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. SEC. 5. Recurring and Final Reports to the Congress. The Secretary is hereby authorized to submit recurring and final reports to the Congress regarding the national emergency declared in this order, consistent with sec- tion 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. [Ex. Ord. No. 13920, set out above, suspended for 90 days and Secretary of Energy and Director of the Office of Management and Budget to jointly consider whether to recommend a replacement order be issued, see sec- tion 7(c) of Ex. Ord. No. 13990, set out as a note under section 4321 of Title 42, The Public Health and Welfare.] § 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 resolu- tion terminating the emergency; or (2) the President issues a proclamation ter- minating the emergency. Any national emergency declared by the Presi- dent 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 pro- vided in clause (2) of this subsection, whichever date is earlier, and any powers or authorities ex- ercised 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 pen- alties 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 Con- gress 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 re- ferred 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 be- come the pending business of the House in ques- tion (in the case of the Senate the time for de- bate shall be equally divided between the pro-