NATIONAL EMERGENCIES ACT
Public Law 94–412, as amended
90 Stat. 1255, as amended
NATIONAL EMERGENCIES ACT
412
117–81
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20230403.1
2023-08-11
National Emergencies Act
10385
94
1976-09-14
NATIONAL EMERGENCIES ACT
[(Public Law 94–412; 90 Stat. 1255; approved September 14, 1976)]
[As Amended Through P.L. 117–81, Enacted December 27, 2021]
[Currency: This publication is a compilation of the text of Public Law 94–412. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To terminate certain authorities with respect to national emergencies still in effect, and to provide for orderly implementation and termination of future national emergencies.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be cited as the “National Emergencies Act”.
TITLE I—

TERMINATING EXISTING DECLARED EMERGENCIES
Sec. 101.
[50 U.S.C. 1601]
(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, United States Code, as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated two years from the date of such enactment. 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.
TITLE II—

DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
Sec. 201.
[50 U.S.C. 1621]
(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 Act. No law enacted after the date of enactment of this Act shall supersede this title unless it does so in specific terms, referring to this title, and declaring that the new law supersedes the provisions of this title.
Sec. 202.
[50 U.S.C. 1622]
(a)
Any national emergency declared by the President in accordance with this title 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)
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)
(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 502(b) of this Act 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)
Any national emergency declared by the President in accordance with this title, 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.
TITLE III—

EXERCISE OF EMERGENCY POWERS AND AUTHORITIES
Sec. 301.
[50 U.S.C. 1631]
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.
TITLE IV—

ACCOUNTABILITY AND REPORTING REQUIREMENTS OF THE PRESIDENT
Sec. 401.
[50 U.S.C. 1641]
(a)
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)
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)
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 declarations, 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.
TITLE V—

REPEAL AND CONTINUATION OF CERTAIN EMERGENCY POWER AND OTHER STATUTES
Sec. 501.
[50 U.S.C. 1651]
(a)
[Section 501(a) amended section 349 of the Immigration and Nationality Act (8 U.S.C. 1481).]
(b)
[Section 501(b) amended section 2667 of title 10, United States Code.]
(c)
[Section 501(c) repealed the joint resolution entitled “Joint resolution to authorize the temporary continuation of regulation of consumer credit”(12 U.S.C. 249).]
(d)
[Section 501(d) repealed section 5(m) the Tennessee Valley Authority Act of 1933 as amended (16 U.S.C. 831d(m)).]
(e)
[Section 501(e) repealed section 1383 of title 18, United States Code.]
(f)
[Section 501(f) amended section 6 of the Act entitled “An Act to amend the Public Health Service Act in regard to certain matters of personnel and administration, and for other purposes”.]
(g)
[Section 501(g) repealed Section 9 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1742).]
(h)
This section 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 committed prior to repeal; or
(3)
any rights or duties that matured or penalties that were incurred prior to repeal;
Sec. 502.
[50 U.S.C. 1651]
(a)
The provisions of this Act shall not apply to the following provisions of law, the powers and authorities conferred thereby, and actions taken thereunder:
(1)
Chapters 1 to 11 of title 40, United States Code, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code.
(2)
Section 3727(a)–(e)(1) of title 31, United States Code.
(3)
Section 6305 of title 41, United States Code.
(4)
Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq.).
(5)
Section 3201(a) of title 10, United States Code.
(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 the date of enactment of this Act.