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50 U.S.C. § 1601 — Termination of existing declared emer-

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1601 — Termination of existing declared emer-

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 ‘‘CONGRESSI

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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.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 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 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.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1541 — Purpose and policy

Page 130 TITLE 50—WAR AND NATIONAL DEFENSE § 1528 ‘‘(a) IN GENERAL.—The Secretary of Defense shall no- tify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] within 7 days after ceasing operations at any Department of Defense lab- oratory or facility rated at biosafety level–3 or higher for safety or security reasons. ‘‘(b) CONTENT.—The notification required under sub- section (a) shall include— ‘‘(1) the reason why operations have ceased at the laboratory or facility; ‘‘(2) whether appropriate notification to other Fed- eral agencies has occurred; ‘‘(3) a description of the actions taken to determine the root cause of the cessation; and ‘‘(4) a description of the actions taken to restore operations at the laboratory or facility.’’ ‘‘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. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces. § 1528. Congressional notification of biological select agent and toxin theft, loss, or release involving the Department of Defense (a) Notification (1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin in- volving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Serv- ice, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear De- terrence, Chemical, and Biological Defense Pol- icy and Programs, shall provide to the congres- sional defense committees

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 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 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.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1550 — Reports and briefings on use of military

Page 142 TITLE 50—WAR AND NATIONAL DEFENSE § 1550 committees of such change, including the legal, factual, and policy justification for such change. (c) Form The report required by subsection (a) and each notice required by subsection (b) shall be sub- mitted in unclassified form, but may contain a classified annex. The unclassified portion of each report shall, at a minimum, include each change made to the legal and policy frameworks during the preceding year and the legal, factual, and policy justifications for such changes, and shall be made available to the public at the same time it is submitted to the appropriate congressional committees. (d) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Com- mittee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (Pub. L. 115–91, div. A, title XII, § 1264, Dec. 12, 2017, 131 Stat. 1689; Pub. L. 116–92, div. A, title XII, § 1261, Dec. 20, 2019, 133 Stat. 1689.) Editorial Notes REFERENCES IN TEXT The Authorization for Use of Military Force, referred to in subsec. (a)(2)(A), is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of this title. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2018, and not as part of the War Powers Resolution which comprises this chapter. AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92, § 1261(1), substituted ‘‘An

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1601 — Termination of existing declared emergencies

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 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 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

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1622 — National emergencies

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, in

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