The president of the U.S., as head of the executive branch, has the authority to declare national emergencies when the nation is threatened by emergency circumstances[i].

When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency may be exercised unless and until the President specifies the provisions of law under which s/he proposes that s/he or other officers will act[ii].

Pursuant to the National Emergencies Act (“Act”) the proclamation of national emergency by the President should be immediately transmitted to Congress and published in the Federal Register[iii].

Any statutory provisions conferring powers and authorities to be exercised during a national emergency will be effective only when the President specifically declares a national emergency in conformity with the Act[iv].

Any national emergency declared by the President will be terminated if[v]:

• a joint resolution terminating the emergency is enacted into law; or
• the President issues a proclamation terminating the emergency.

Within 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 will meet to consider a vote on a joint resolution to determine whether that emergency should be terminated[vi].

Any national emergency declared by the President and not otherwise previously terminated will be terminated 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 Congress a notice stating that such emergency is to continue in effect after such anniversary[vii].

All powers and authorities possessed by the President are terminated two years from the date of such enactment.  However, such termination will not affect[viii]:

• any action taken or proceeding pending not finally concluded or determined on such date;
• any action or proceeding based on any act committed prior to such date; or
• any rights or duties that matured or penalties that were incurred prior to such date.

When the President declares a national emergency, the President will be responsible for maintaining a file and index of all significant orders of the President, including executive orders and proclamations[ix].  Each executive agency has to maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations.

Further, all significant orders of the President, including executive orders, and such rules and regulations will be transmitted to Congress promptly under means to assure confidentiality[x].

The Act provides that when the President declares a national emergency, the President has to transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the U.S. Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration.  Further, within ninety days after the termination of each such emergency or war, the President has to transmit a final report on all such expenditures[xi].

[i] 50 USCS § 1621 (a).

[ii] 50 USCS § 1631.

[iii] 50 USCS § 1621 (a).

[iv] 50 USCS § 1621 (b).

[v] 50 USCS § 1622 (a).

[vi] 50 USCS § 1622 (b).

[vii] 50 USCS § 1622 (d).

[viii] 50 USCS § 1601 (a).

[ix] 50 USCS § 1641 (a).

[x] 50 USCS § 1641 (b).

[xi] 50 USCS § 1641 (c).