50 U.S.C. § 1631
Declaration of national emergency by Executive order; authority; publication in Federal Register; transmittal to Congress
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.
Notes of Decisions
Cited in 6
cases, 1979–2020 · leading case: Weiss v. United States, 146 F. Supp. 2d 113 (D. Mass. 2001).
Weiss v. United States, 146 F. Supp. 2d 113 (D. Mass. 2001). “§ 1622 (d), and also to specify the emergency powers that he proposes to exercise, 50 U.S.C. § 1631 , the President has declared sundry national emergencies, see, e.”
Applicability of the Nat'l Emergencies Act to Statutes That Do Not Expressly Require the President to Declare a Nat'l Emergency (OLC 2016). “Titles III and IV—which consist of 50 U.S.C. §§ 1631 and 1641 respectively— set forth requirements that the President and other officers must follow once the President has declared a national emergency.”
Joshua Marquiz v. Dep't of Def. (MSPB 2016). “” 50 U.S.C. § 1631 . The question before us, however, is 3 not whether the President exercised or invoked powers under 5 U.”
Rio Grande Int'l Study Ctr. v. Trump, No. 2019-0720 (D.D.C. Apr. 2, 2020). “§ 2808 ; 50 U.S.C. § 1631 . Under § 2808, the Secretary of Defense “may undertake military construction projects” or authorize the military departments to undertake military construction projects “without regard to any other provision of law.”
Presidential Implementation of Emergency Powers Under the Int'l Emergency Econ. Powers Act (OLC 1979). “” 50 U.S.C. § 1631 . Such a specification is to be made in the * declaration o f em ergency or in “one or more contem poraneous or subsequent executive orders published in the Federal Register and transm itted to Congress.”
Supplementary Discussion of the President's Powers Relating to the Seizure of the Am. Embassy in Iran (OLC 1979). “50 U.S.C. § 1631 . W e see no reason why this should not be done in the same docum ent that declares a national emergency.”
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