§ 1601. Termination of existing declared emer-
gencies
(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 pen-
alties 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.
(Pub. L. 94–412, title I, § 101, Sept. 14, 1976, 90
Stat. 1255.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 94–412, § 1, Sept. 14, 1976, 90 Stat. 1255, pro-
vided: ‘‘That this Act [enacting this chapter, amending
section 1481 of Title 8, Aliens and Nationality, and sec-
tion 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 former Ap-
pendix to this title, and enacting provisions set out
below] may be cited as the ‘National Emergencies
Act’.’’
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, A
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Authority boundary: historical or unconfirmed source not current law verified.
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Page 143
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1601
nent involvement in hostilities is clearly indi-
cated by the circumstances, against any coun-
try, organization, or person pursuant to statu-
tory or constitutional authorities other than
Authorization for Use of Military Force, the
President shall comply with the reporting re-
quirements under—
(1) this section to the same extent and in the
same manner as if such actions had been
taken under Authorization for Use of Military
Force;
(2) the War Powers Resolution (50 U.S.C. 1541
et seq.); and
(3) any other applicable provision of law.
(e) Briefings
At least once during each 180-day period de-
scribed in subsection (a), the President shall
provide to the congressional defense commit-
tees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of
the House of Representatives a briefing on the
matters covered by the report required under
this section for such period.
(Pub. L. 116–92, div. A, title XII, § 1285, Dec. 20,
2019, 133 Stat. 1709.)
Editorial Notes
REFERENCES IN TEXT
The Authorization for Use of Military Force, referred
to in text, is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224,
which is set out as a note under section 1541 of this
title.
The War Powers Resolution, referred to in subsec.
(d)(2), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which
is classified generally to this chapter. For complete
classification of this Resolution to the Code, see Short
Title note set out under section 1541 of this title and
Tables.
CODIFICATION
Section was enacted as part of the National Defense
Authorization Act for Fiscal Year 2020, and not as part
of the War Powers Resolution which comprises this
chapter.
Statutory Notes and Related Subsidiaries
‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED
Congressional defense committees means the Com-
mittees on Armed Services and Appropriations of the
Senate and the House of Representatives, see section 3
of Pub. L. 116–92, 133 Stat. 1231. See note under section
101 of Title 10, Armed Forces.
Executive Documents
DELEGATION OF AUTHORITY UNDER SECTION 1285 OF THE
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL
YEAR 2020
Memorandum of President of the United States, July
19, 2021, 86 F.R. 39939, provided:
Memorandum for the Secretary of Defense
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 301 of title 3, United States
Code, I hereby delegate to the Secretary of Defense the
authority and functions vested in the President by sec-
tion 1285(a) through (e) of Public Law 116–92 [50 U.S.C.
1550(a) to (e)] on the use of military force and support
of partner forces to the Congress.
You are authorized and directed to publish this
memorandum in the Federal Register.
J.R. BIDEN, JR.
CHAPTER 34—NATIONAL EMERGENCIES
SUBCHAPTER I—TERMINATING EXISTING
DECLARED EMERGENCIES
Sec.
1601.
Termination
of
existing
declared
emer-
gencies.
SUBCHAPTER II—DECLARATIONS OF FUTURE
NATIONAL EMERGENCIES
1621.
Declaration of national emergency by Presi-
dent; publication in Federal Register; effect
on other laws; superseding legislation.
1622.
National emergencies.
SUBCHAPTER III—EXERCISE OF EMERGENCY
POWERS AND AUTHORITIES
1631.
Declaration of national emergency by Execu-
tive order; authority; publication in Fed-
eral Register; transmittal to Congress.
SUBCHAPTER IV—ACCOUNTABILITY AND
REPORTING REQUIREMENTS OF PRESIDENT
1641.
Accountability and reporting requirements of
President.
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; Con-
gressional studies.
SUBCHAPTER I—TERMINATING EXISTING
DECLARED EMERGENCIES
§ 1601. Termination of existing declared emer-
gencies
(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 pen-
alties 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.
(Pub. L. 94–412, title I, § 101, Sept. 14, 1976, 90
Stat. 1255.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 94–412, § 1, Sept. 14, 1976, 90 Stat. 1255, pro-
vided: ‘‘That this Act [enacting this chapter, amending
section 1481 of Title 8, Aliens and Nationality, and sec-
tion 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 former Ap-
pendix to this title, and enacting provisions set out
below] may be cited as the ‘National Emergencies
Act’.’’
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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration** It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
**(b) Congressional legislative power under necessary and proper clause** Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
**(c) Presidential executive power as Commander-in-Chief; limitation** The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1541. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1541. Purpose and policy
(a) Congressional declaration
It is the purpose of this chapter to fulfill the
intent of the framers of the Constitution of the
United States and insure that the collective
judgment of both the Congress and the President
will apply to the introduction of United States
Armed Forces into hostilities, or into situations
where imminent involvement in hostilities is
Page 131
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1541
clearly indicated by the circumstances, and to
the continued use of such forces in hostilities or
in such situations.
(b) Congressional legislative power under nec-
essary and proper clause
Under article I, section 8, of the Constitution,
it is specifically provided that the Congress
shall have the power to make all laws necessary
and proper for carrying into execution, not only
its own powers but also all other powers vested
by the Constitution in the Government of the
United States, or in any department or officer
thereof.
(c) Presidential executive power as Commander-
in-Chief; limitation
The constitutional powers of the President as
Commander-in-Chief to introduce United States
Armed Forces into hostilities, or into situations
where imminent involvement in hostilities is
clearly indicated by the circumstances, are exer-
cised only pursuant to (1) a declaration of war,
(2) specific statutory authorization, or (3) a na-
tional emergency created by attack upon the
United States, its territories or possessions, or
its armed forces.
(Pub. L. 93–148, § 2, Nov. 7, 1973, 87 Stat. 555.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 93–148, § 10, Nov. 7, 1973, 87 Stat. 559, provided
that: ‘‘This joint resolution [enacting this chapter]
shall take effect on the date of its enactment [Nov. 7,
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1541. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 180 days after December 20, 2019, and every 180 days thereafter, the President shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on actions taken pursuant to the Authorization for Use of Military Force (Public Law 107–40) against those countries or organizations described in such law, as well as any actions taken to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such forces are engaged in hostilities or in situations where imminent involvement in hostilities is clearly indicated by the circumstances, during the preceding 180-day period.
**(b) Matters to be included** The report required by subsection (a) shall include, with respect to the time period for which the report was submitted, the following:
(1) A list of each country or organization with respect to which force has been used pursuant to the Authorization for Use of Military Force, including the legal and factual basis for the determination that authority under such law applies with respect to each such country or organization.
(2) An intelligence assessment of the risk to the United States posed by each such country or organization.
(3) A list of each country in which operations were conducted pursuant to such law and a description of the circumstances necessitating the use of force pursuant to such law, including whether the country is designated as an area of active hostilities.
(4) A general description of the status of operations conducted pursuant to such law as well as a description of the expected scope and duration of such operations.
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1550. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1550. Reports and briefings on use of military
force and support of partner forces
(a) In general
Not later than 180 days after December 20,
2019, and every 180 days thereafter, the President
shall submit to the congressional defense com-
mittees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Af-
fairs of the House of Representatives a report on
actions taken pursuant to the Authorization for
Use of Military Force (Public Law 107–40)
against those countries or organizations de-
scribed in such law, as well as any actions taken
to command, coordinate, participate in the
movement of, or accompany the regular or ir-
regular military forces of any foreign country or
government when such forces are engaged in
hostilities or in situations where imminent in-
volvement in hostilities is clearly indicated by
the circumstances, during the preceding 180-day
period.
(b) Matters to be included
The report required by subsection (a) shall in-
clude, with respect to the time period for which
the report was submitted, the following:
(1) A list of each country or organization
with respect to which force has been used pur-
suant to the Authorization for Use of Military
Force, including the legal and factual basis for
the determination that authority under such
law applies with respect to each such country
or organization.
(2) An intelligence assessment of the risk to
the United States posed by each such country
or organization.
(3) A list of each country in which oper-
ations were conducted pursuant to such law
and a description of the circumstances neces-
sitating the use of force pursuant to such law,
including whether the country is designated as
an area of active hostilities.
(4) A general description of the status of
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1550. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), 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.
**(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 rep
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1622. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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,
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1622. This identifies an authority to review, not proof of applicability.