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A Guide to Emergency Powers and Their Use

The 136 statutory powers that may become available to the president upon declaration of a national emergency.

Last Updated: June 9, 2022
Published: December 5, 2018

In Febru­ary 2019, Pres­id­ent Donald Trump declared a national emer­gency to secure fund­ing that Congress had expressly denied for the construc­tion of a wall along the south­ern border. Before that declar­a­tion, most Amer­ic­ans were unaware that a vast set of laws gives the pres­id­ent greatly enhanced powers during emer­gen­cies. The Bren­nan Center, build­ing on previ­ous research, has iden­ti­fied 123 stat­utory powers that may become avail­able to the pres­id­ent when he declares a national emer­gency, includ­ing the power Pres­id­ent Trump invoked to help build the wall (10 U.S.C. 2808 (a)). An addi­tional 13 stat­utory powers become avail­able when a national emer­gency is declared by Congress.

The Bren­nan Center’s research is presen­ted in the two tables below (for a print­able PDF version of both tables, click here). The first lists several import­ant laws that estab­lish general frame­works for differ­ent kinds of emer­gen­cies (includ­ing national emer­gen­cies, major disasters, public health emer­gen­cies, etc.). The second sets forth the 136 stat­utory provi­sions avail­able during national emer­gen­cies; it displays these powers by subject matter, specifies the condi­tions trig­ger­ing their use, and lists the occa­sions on which they have been invoked. This table is sort­able/search­able by level of restric­tion on the pres­id­ent’s powers, U.S. code title, and keyword. Our top-line obser­va­tions from this research may be found here, while our meth­od­o­logy for compil­ing the data­base is avail­able here. Separ­ately, we have developed a running list of national emer­gen­cies declared since the National Emer­gen­cies Act went into effect. And we did a deeper dive into some of these powers in the Janu­ary/Febru­ary 2019 issue of The Atlantic.

Emergency Framework Statutes

U.S. Section Code

Subject Matter

Language Dictat­ing When Powers Become Avail­able

Invoc­a­tions and Deleg­a­tions of Author­ity

U.S. Section Code

50 U.S.C. §§ 1601–1651

Subject Matter

National Emer­gen­cies Act (1976)

Language Dictat­ing When Powers Become Avail­able

“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”

Invoc­a­tions and Deleg­a­tions of Author­ity

The National Emer­gen­cies Act imposes proced­ural require­ments on the Pres­id­ent’s exer­cise of emer­gency powers. It has governed the declar­a­tion of multiple emer­gen­cies. For a complete list of emer­gen­cies declared under this stat­ute, see here.

U.S. Section Code

42 U.S.C. § 247d

Subject Matter

Public Health Service Act (1944)

Language Dictat­ing When Powers Become Avail­able

“"If the Secret­ary [of Health and Human Services] determ­ines, after consulta­tion with such public health offi­cials as may be neces­sary, that –

(1) A disease or disorder presents a public health emer­gency; or

(2) A public health emer­gency, includ­ing signi­fic­ant outbreaks of infec­tious diseases or bioter­ror­ist attacks, other­wise exists”

Invoc­a­tions and Deleg­a­tions of Author­ity

See here for list of declar­a­tions under this stat­ute since 2005.

Two recent invoc­a­tions of this author­ity include:

Pres. Memo., Combatting the National Drug Demand and Opioid Crisis, 82 FR 50305, Oct. 26, 2017 (instruct­ing the HHS Secret­ary to declare a Public Health Emer­gency to combat the opioid crisis); and

Proc. 8443, Declar­a­tion of a National Emer­gency With Respect to the 2009 H1N1 Influ­enza Pandemic, 74 FR 55439, Oct. 23, 2009.

U.S. Section Code

42 U.S.C. §§ 5121 et seq.

Subject Matter

Robert T. Stafford Disaster Relief and Emer­gency Assist­ance Act (1988; earlier iter­a­tions, known as the "Disaster Relief Act,” were issued in 1950 and 1974)

Language Dictat­ing When Powers Become Avail­able

A Governor can peti­tion the Pres­id­ent for a declar­a­tion of major disaster or emer­gency under this chapter when she reaches "a find­ing that [a] disaster is of such sever­ity and magnitude that effect­ive response is beyond the capab­il­it­ies of the State and affected local govern­ments and that Federal assist­ance is neces­sary” 42 U.S.C. § 5170

42 U.S.C. § 5122 defines an emer­gency under this chapter as “any occa­sion or instance for which, in the determ­in­a­tion of the Pres­id­ent, Federal assist­ance is needed to supple­ment State and local efforts and capab­il­it­ies to save lives and to protect prop­erty and public health and safety, or to lessen or avert the threat of a cata­strophe in any part of the United States.” The same section defines a major disaster under this chapter as ”any natural cata­strophe (includ­ing any hurricane, tornado, storm, high water, wind­driven [sic] water, tidal wave, tsunami, earth­quake, volcanic erup­tion, land­slide, mudslide, snowstorm, or drought), or, regard­less of cause, any fire, flood, or explo­sion, in any part of the United States, which in the determ­in­a­tion of the Pres­id­ent causes damage of suffi­cient sever­ity and magnitude to warrant major disaster assist­ance under this chapter to supple­ment the efforts and avail­able resources of States, local govern­ments, and disaster relief organ­iz­a­tions in alle­vi­at­ing the damage, loss, hard­ship, or suffer­ing caused thereby”

Invoc­a­tions and Deleg­a­tions of Author­ity

Between 1953 and 2014, aver­ages of 35.5 major disaster declar­a­tions were issued annu­ally by Pres­id­ents under the Stafford Act and its prede­cessor Disaster Relief Acts. Emer­gency declar­a­tions under this act have been issued on aver­age 9 times annu­ally between 1974 and 2014. Fire Manage­ment Assist­ance Grants have also been issued under this act at a rate of about 24 per year in the same period.

For more inform­a­tion, see Bruce R. Lind­say and Fran­cis X. McCarthy, Stafford Act Declar­a­tions 1953–2014: Trends, Analyses, and Implic­a­tions for Congress, R42702, Congres­sional Research Service, 2015.

*** The stat­ute does allow for the deploy­ment of federal troops to coordin­ate disaster response and provide relief efforts, but troops deployed under this stat­ute do not have any law enforce­ment author­ity. ***

U.S. Section Code

22 U.S.C. § 2318 (a)(1)

Subject Matter

Pres­id­ent may direct the draw­down of defense articles from Depart­ment of Defense stocks, Depart­ment of Defense services, and milit­ary educa­tion and train­ing, of a total value not to exceed $100 million per year, for the purpose of provid­ing milit­ary, economic, peace­keep­ing, anti­ter­ror­ism, and/or non-prolif­er­a­tion assist­ance to foreign coun­tries and inter­na­tional organ­iz­a­tions (1961)

Language Dictat­ing When Powers Become Avail­able

“(1) If the Pres­id­ent determ­ines and reports to the Congress in accord­ance with section 2411 of this title that –

(A) an unfore­seen emer­gency exists which requires imme­di­ate milit­ary assist­ance to a foreign coun­try or inter­na­tional organ­iz­a­tion; and

(B) the emer­gency require­ment cannot be met under the author­ity of the Arms Export Control Act [22 USC §§ 2751 et seq.] or any other law except this section”

Invoc­a­tions and Deleg­a­tions of Author­ity

Between 1988 and 2017, this stat­ute was invoked 57 times, includ­ing recently in 2014:

Pres. Determ. No. 2014–13, Draw­down Under Section 506(a)(1) of the Foreign Assist­ance Act of 1961 for France to Support Its Coun­terter­ror­ism Efforts in Mali, Niger, and Chad, 79 FR 49223, Aug. 11, 2014.

Statutes Available Upon Declaration of a National Emergency

Click on restric­tion levels to show corres­pond­ing provi­sions. Type a search term if you’re look­ing for a specific code title or keyword.

All

No restric­tions on pres­id­ent’s power to invoke during a national emer­gency

No mean­ing­ful restric­tions on pres­id­ent’s power to invoke during a national emer­gency

Substan­tial restric­tions on pres­id­ent’s power to invoke during national emer­gency

Requires Congres­sional declar­a­tion of national emer­gency to invoke

U.S. Section Code

Subject Matter

Language Dictat­ing When Powers Become Avail­able

Invoc­a­tions and Deleg­a­tions of Author­ity

Public Health

U.S. Section Code

42 U.S.C. § 1320b-5

Subject Matter

Secret­ary of Health and Human Services may waive confid­en­ti­al­ity, certi­fic­a­tion, sanc­tions, and other provi­sions as neces­sary to supply public health services (2002)

Language Dictat­ing When Powers Become Avail­able

“in any emer­gency area and during an emer­gency period,” defined as ”(g)(1)(A) an emer­gency or disaster declared by the Pres­id­ent pursu­ant to the National Emer­gen­cies Act or the Robert T. Stafford Disaster Relief and Emer­gency Assist­ance Act; and (B) a public health emer­gency declared by the Secret­ary pursu­ant to section 247d of this title.”

Section 247d says "If the Secret­ary determ­ines, after consulta­tion with such public health offi­cials as may be neces­sary, that

(1) a disease or disorder presents a public health emer­gency or

(2) a public health emer­gency, includ­ing signi­fic­ant outbreaks of infec­tious diseases or bioter­ror­ist attacks other­wise exists, the Secret­ary may take such action as may be appro­pri­ate to respond"

Invoc­a­tions and Deleg­a­tions of Author­ity

More commonly referred to as Social Secur­ity Act (SSA) § 1135. See here for list of recent waivers issued under SSA § 1135.

For an example of a recent invoc­a­tion of this stat­ute, see Proc. 8443, Declar­a­tion of a National Emer­gency With Respect to the 2009 H1N1 Influ­enza Pandemic, 74 FR 55439, Oct. 23, 2009.

Certain author­it­ies under this section have since been deleg­ated, though the waiver author­ity remains with the Secret­ary. See Depart­ment of Health and Human Services, Centers for Medi­care & Medi­caid Services; Deleg­a­tion of Author­ity, 75 FR 11185, Mar. 10, 2010 (deleg­at­ing certain author­it­ies under this section to the Admin­is­trator of the Centers for Medi­care & Medi­caid Services).

Proc. 9994, Declar­ing a National Emer­gency Concern­ing the Novel Coronavirus Disease (COVID-19) Outbreak, 85 FR 15337, Mar. 13, 2020 (invoked in response to the spread of the novel coronavirus).

U.S. Section Code

21 U.S.C. § 360bbb-3

Subject Matter

Secret­ary of Health and Human Services may author­ize the use of an unap­proved drug, device, or biolo­gical product, or an unap­proved use of an approved drug, device, or biolo­gical product (2004)

Language Dictat­ing When Powers Become Avail­able

“The Secret­ary may make a declar­a­tion that the circum­stances exist justi­fy­ing the author­iz­a­tion under this subsec­tion for a product on the basis of—

(A) a determ­in­a­tion by the Secret­ary of Home­land Secur­ity that there is a domestic emer­gency, or a signi­fic­ant poten­tial for a domestic emer­gency, involving a heightened risk of attack with a biolo­gical, chem­ical, radi­olo­gical, or nuclear agent or agents;

(B) a determ­in­a­tion by the Secret­ary of Defense that there is a milit­ary emer­gency, or a signi­fic­ant poten­tial for a milit­ary emer­gency, involving a heightened risk to United States milit­ary forces of attack with a biolo­gical, chem­ical, radi­olo­gical, or nuclear agent or agents;

(C) a determ­in­a­tion by the Secret­ary that there is a public health emer­gency, or a signi­fic­ant poten­tial for a public health emer­gency, that affects, or has a signi­fic­ant poten­tial to affect, national secur­ity or the health and secur­ity of United States citizens living abroad, and that involves a biolo­gical, chem­ical, radi­olo­gical, or nuclear agent or agents, or a disease or condi­tion that may be attrib­ut­able to such agent or agents; or

(D) the iden­ti­fic­a­tion of a mater­ial threat pursu­ant to section 319F–2 of the Public Health Service Act [42 U.S.C. § 247d–6b] suffi­cient to affect national secur­ity or the health and secur­ity of United States citizens living abroad”

Invoc­a­tions and Deleg­a­tions of Author­ity

This stat­ute has been invoked over a dozen times since being enacted in 2004, to author­ize use of unap­proved products to respond to emer­gen­cies ranging from anthrax threats to Ebola. Nine Emer­gency Use Author­iz­a­tions (EUAs) are currently in effect in the United States. See here for a list of active declar­a­tions under this stat­ute, and here for an archived list of past declar­a­tions.

For a recent example of a declar­a­tion under this stat­ute, see HHS Notice, Determ­in­a­tion and Declar­a­tion Regard­ing Emer­gency Use of in Vitro Diagnostic Tests for Detec­tion of Zika Virus and/or Diagnosis of Zika Virus Infec­tion, 81 FR 10878, Feb. 26, 2016 (revoked June 30, 2017).

U.S. Section Code

42 U.S.C. § 7410 (f)

Language Dictat­ing When Powers Become Avail­able

“Upon applic­a­tion by the owner or oper­ator of a fuel burn­ing station­ary source, and after notice and oppor­tun­ity for public hear­ing, the Governor of the State in which such source is located may peti­tion the Pres­id­ent to determ­ine that a national or regional energy emer­gency exists of such sever­ity” that a tempor­ary suspen­sion may be neces­sary, and that "other means of respond­ing to the emer­gency may be inad­equate”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

This stat­ute has not been used to declare a national energy emer­gency, but it was used in the late 1970s to declare regional energy emer­gen­cies in Ohio, Indi­ana, Kentucky, Pennsylvania, Mary­land, Alabama, Flor­ida, and Oregon.

U.S. Section Code

42 U.S.C. § 217

Subject Matter

Pres­id­ent may use the Public Health Service to such extent and in such manner as shall in their judg­ment promote the public interest; or Pres­id­ent may by Exec­ut­ive Order declare the commis­sioned corps of the Public Health Service to be a milit­ary service (1944)

Language Dictat­ing When Powers Become Avail­able

“In time of war, or of emer­gency proclaimed by the Pres­id­ent;” or "In time of war, or of emer­gency involving the national defense proclaimed by the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 9575, Declar­ing the Commis­sioned Corps of the Public Health Service to Be a Milit­ary Service and Prescrib­ing Regu­la­tions There­fore, 10 FR 7895, June 21, 1945 (declar­ing commis­sioned corps of the Public Health Service a milit­ary service for "the period of the present war”).

U.S. Section Code

50 U.S.C. § 1515

Subject Matter

Pres­id­ent may suspend the oper­a­tion of provi­sions regu­lat­ing the stor­age, trans­port­a­tion, disposal, procure­ment, hand­ling, and test­ing of chem­ical and biolo­gical weapons, includ­ing the prohib­i­tion on test­ing such weapons on human subjects (1969)

Language Dictat­ing When Powers Become Avail­able

“during the period of any war declared by Congress and during the period of any national emer­gency declared by Congress or by the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

33 U.S.C. § 1902 (b)(3)(F)

Subject Matter

Certain laws govern­ing the disposal of garbage at sea – includ­ing restric­tions on disposal near land and a prohib­i­tion on the discharge of waste that may contain toxic chem­ic­als or heavy metals – do not apply (1987)

Language Dictat­ing When Powers Become Avail­able

During "time of war or a national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

33 U.S.C. § 2503 (1)(B)

Subject Matter

Public vessels may dispose of poten­tially infec­tious medical waste in ocean waters more than 50 naut­ical miles from the nearest land after taking precau­tions to prevent the waste from coming ashore after disposal (1988)

Language Dictat­ing When Powers Become Avail­able

During "time of war or declared national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

42 U.S.C. § 6393 (a)(2)(A)

Subject Matter

Pres­id­ent may waive 30-day minimum comment period on proposed rules and regu­la­tions issued under the Energy and Policy Conser­va­tion Act (1975)

Language Dictat­ing When Powers Become Avail­able

“if the Pres­id­ent finds that such waiver is neces­sary to act exped­i­tiously during an emer­gency affect­ing the national secur­ity of the United States”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

E.O. 11912, Deleg­a­tion of Author­it­ies Relat­ing to Energy Policy and Conser­va­tion, 41 FR 15825, Apr. 13, 1976 (deleg­at­ing Pres­id­en­tial author­it­ies under this section to the Admin­is­trator of the Federal Energy Admin­is­tra­tion).

U.S. Section Code

42 U.S.C. § 300ff-83

Subject Matter

Secret­ary of Health and Human Services may waive provi­sions of HIV Health Care Services Program to improve the health and safety of those receiv­ing care under the Program and the general public, but may not expend more than 5% of the funds alloc­ated under the Program for supple­mental grants (2006)

Language Dictat­ing When Powers Become Avail­able

“in an emer­gency area and during an emer­gency period,” defined as:

“a geographic area in which there exists

(A) an emer­gency or disaster declared by the Pres­id­ent pursu­ant to the National Emer­gen­cies Act or the Robert T. Stafford Disaster Relief and Emer­gency Assist­ance Act; or

(B) a public health emer­gency declared by the Secret­ary pursu­ant to section 247d of this title”; and

“the period in which there exists -—

(A) an emer­gency or disaster declared by the Pres­id­ent pursu­ant to the National Emer­gen­cies Act or the Robert T. Stafford Disaster Relief and Emer­gency Assist­ance Act; or

(B) a public health emer­gency declared by the Secret­ary pursu­ant to section 247d of this title”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

Land Manage­ment

U.S. Section Code

20 U.S.C. § 79

Subject Matter

Barro Color­ado island in the Panama Canal Zone, which is other­wise to be left in its "natural state for scientific obser­va­tion,” may be used for other purposes (1940)

Language Dictat­ing When Powers Become Avail­able

“in event of declared national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

16 U.S.C. § 831s

Subject Matter

Govern­ment may take posses­sion of land specified in Tennessee Valley Author­ity Act for the purpose of manu­fac­tur­ing explos­ives or for other war purposes (1933)

Language Dictat­ing When Powers Become Avail­able

“in case of war or national emer­gency declared by Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

The Tennessee Valley Author­ity was a crit­ical supplier of elec­trical power and raw mater­i­als for the purposes of build­ing bombs and other supplies for World War II during the 1940s, but not pursu­ant to this stat­ute.

U.S. Section Code

43 U.S.C. § 155

Subject Matter

Certain provi­sions regu­lat­ing with­drawal, reser­va­tion, restric­tion, and util­iz­a­tion of public lands by or for the Depart­ment of Defense for defense purposes do not apply (1958)

Language Dictat­ing When Powers Become Avail­able

“in time of war or national emer­gency here­after declared by the Pres­id­ent or the Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

43 U.S.C. § 1341 (c)

Subject Matter

The Secret­ary of the Interior, upon a recom­mend­a­tion of the Secret­ary of Defense, may suspend oper­a­tions under any lease, with payment of just compens­a­tion to the lessee whose oper­a­tions are suspen­ded, for any lease of land of the outer Contin­ental Shelf (1953)

Language Dictat­ing When Powers Become Avail­able

All leases of land of the outer Contin­ental Shelf shall contain or be construed to contain a provi­sion author­iz­ing the exer­cise of this power "…dur­ing a state of war or national emer­gency declared by the Congress or the Pres­id­ent of the United States after August 7, 1953”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

16 U.S.C. § 440

Subject Matter

Secret­ary of the Interior may close Ft. McHenry, and it may be used for milit­ary purposes (1925)

Language Dictat­ing When Powers Become Avail­able

“in case of a national emer­gency”  

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

The Coast Guard used Fort McHenry as a train­ing station during World War II, but not pursu­ant to this stat­ute. Instead, the War Depart­ment leased part of the fort from the National Parks Service. For more inform­a­tion on this history, see David Marin, "For the safety of ports, ships, and facil­it­ies,” Coast Guard Mid Atlantic, Sept. 5, 2015.

U.S. Section Code

40 U.S.C. § 8722 (b)(2)

Subject Matter

Depart­ment of Defense is not required to consult with National Capital Plan­ning Commis­sion for projects within the Capitol grounds or struc­tures erec­ted within exist­ing milit­aryre­ser­va­tions, unless any devel­op­ments mater­i­ally affect traffic or require coordin­ated plan­ning of the surround­ing area (2002)

Language Dictat­ing When Powers Become Avail­able

“during wartime or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

40 U.S.C. § 905

Subject Matter

Proced­ures for provid­ing notice to local govern­ment and prospect­ive purchasers before purchase or sale of real prop­erty in urban areas by Admin­is­trator of General Services may be waived (2002)

Language Dictat­ing When Powers Become Avail­able

“during a period of national emer­gency proclaimed by the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

7 U.S.C. § 4208

Subject Matter

Legal provi­sions inten­ded to protect farm­land do not apply to the acquis­i­tion or use of farm­land for national defense purposes (1990)

Language Dictat­ing When Powers Become Avail­able

“during a national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

49 U.S.C. § 47152 (5)

Subject Matter

Federal govern­ment may use, control, or possess any part of a public airport that was conveyed to the local or state govern­ment as surplus prop­erty (1944)

Language Dictat­ing When Powers Become Avail­able

“During a national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

After World War II, as part of a surplus prop­erty convey­ance program, the federal govern­ment conveyed without monet­ary consid­er­a­tion some milit­ary air bases to state and local govern­ments for use as airports. This provi­sion was invoked to reclaim at least one of these air bases during the Korean War national emer­gency. See gener­ally "Gabreski Airport History,” Suffolk County Govern­ment, accessed Oct. 19, 2018.

U.S. Section Code

23 U.S.C. §§ 127 (h), (i)

Subject Matter

(h) Secret­ary of Trans­port­a­tion may waive vehicle weight limits on Inter­state 95 between Augusta, ME and Bangor, ME for bulk ship­ments of jet fuel to the Air National Guard Base at Bangor Inter­na­tional Airport (2001);

(i) A State may issue special 120-day permits during an emer­gency to over­weight vehicles and loads that can easily be dismantled or divided (2012)

Language Dictat­ing When Powers Become Avail­able

(h) "…dur­ing a period of national emer­gency in order to respond to the effects of the national emer­gency.”

(i) if "the Pres­id­ent has declared the emer­gency to be a major disaster under the Robert T. Stafford Disaster Relief and Emer­gency Assist­ance Act (42 U.S.C. § 5121 et seq.); the permits are issued in accord­ance with State law; and the permits are issued exclus­ively to vehicles and loads that are deliv­er­ing relief supplies”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

40 U.S.C. § 545 (b)(1)(A)

Subject Matter

Admin­is­trator of General Services may, if neces­sary in the public interest, nego­ti­ate disposal of a partic­u­lar lot of surplus personal prop­erty without first publicly advert­ising for bids, but subject to obtain­ing compet­i­tion that is feas­ible under the circum­stances (2002)

Language Dictat­ing When Powers Become Avail­able

“during the period of a national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

42 U.S.C. § 4625 (c)(3)(B)

Subject Matter

Provi­sion that persons displaced by a federal project may not be required to leave their dwell­ing unless they have had a reas­on­able oppor­tun­ity to relo­cate to a compar­able replace­ment dwell­ing does not apply (1971)

Language Dictat­ing When Powers Become Avail­able

“in the case of–

(A) a major disaster as defined in section 5122(2) of this title;

(B) a national emer­gency declared by the Pres­id­ent; or

(C) any other emer­gency which requires the person to move imme­di­ately from the dwell­ing because the contin­ued occu­pancy of such dwell­ing by such person consti­tutes a substan­tial danger to the health or safety of such person”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

Milit­ary and National Defense

U.S. Section Code

50 U.S.C. §§ 1431–1435

Subject Matter

Pres­id­ent may author­ize any agency that exer­cises func­tions in connec­tion with the national defense to enter into, amend, or make advance payments on contracts up to certain specified amounts and subject to certain restric­tions, without regard to other provi­sions of law relat­ing to contract form­a­tion, amend­ment, or perform­ance, if the Pres­id­ent deems it to be in the interest of national defense (1958)

Language Dictat­ing When Powers Become Avail­able

This author­ity is "effect­ive only during a national emer­gency declared by Congress or the Pres­id­ent and for six months after the termin­a­tion thereof or until such earlier time as Congress, by concur­rent resol­u­tion, may desig­nate” (50 U.S.C. § 1435)

Invoc­a­tions and Deleg­a­tions of Author­ity

This stat­ute was promptly invoked by E.O. 10789, Author­iz­ing Agen­cies of the Govern­ment to Exer­cise Certain Contract­ing Author­ity in Connec­tion with National-Defense Func­tions and Prescrib­ing Regu­la­tions Govern­ing the Exer­cise of Such Author­ity, 23 FR 8897, Nov. 14, 1958, and has been continu­ally exer­cised under this order ever since. For more inform­a­tion, see here.

A recent example of a specific invoc­a­tion of this stat­ute is Pres. Memo., Author­iz­ing the Exer­cise of Author­ity under Public Law 85–804: Memor­andum for the Admin­is­trator of the United States Agency for Inter­na­tional Devel­op­ment, Nov. 13, 2014 (author­iz­ing USAID director to enter into contracts in support of respond­ing to Ebola outbreak in Africa where the contractor, employ­ees, or subcon­tract­ors will have signi­fic­ant expos­ure to Ebola).

U.S. Section Code

10 U.S.C. § 8624 (formerly 10 U.S.C. § 7224)

Subject Matter

Secret­ary of the Navy may author­ize by regu­la­tion the trans­port and subsist­ence of any person on naval vessels at govern­ment expense (1946)

Language Dictat­ing When Powers Become Avail­able

“In time of war or during a national emer­gency declared by the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

10 U.S.C. § 3063 (b)

Subject Matter

Secret­ary of the Army may discon­tinue or consol­id­ate basic branches of the Army (1956)

Language Dictat­ing When Powers Become Avail­able

“for the dura­tion of any war, or of any national emer­gency declared by Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 12302 (a) (formerly 10 U.S.C. § 673)

Subject Matter

An author­ity desig­nated by the Secret­ary concerned may, without the consent of the persons concerned, order any unit and any member of the Ready Reserve to active duty for up to 24 consec­ut­ive months; no more than 1,000,000 members of the Ready Reserve may be on active duty without their consent under this section at any one time (1956)

Language Dictat­ing When Powers Become Avail­able

“in time of national emer­gency declared by the Pres­id­ent after Janu­ary 1, 1953, or when other­wise author­ized by law”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 12743, Order­ing the Ready Reserve of the Armed Forces to Active Duty, 56 FR 2661, Jan. 18, 1991 (invoked as previ­ously codi­fied – 10 U.S.C. § 673 – in response to “the continu­ing threat posed by Iraq’s inva­sion of Kuwait,” ”in further­ance of [E.O.] 12722, dated August 2, 1990”);

Proc. 7463, Declar­a­tion of National Emer­gency By Reason of Certain Terror­ist Attacks, 66 FR 48199, Sept. 14, 2001 (invoked in response to events of 9/11/2001);

E.O. 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 66 FR 48201, Sept. 14, 2001 (invoked in response to events of 9/11/2001).

E.O. 13912, National Emer­gency Author­ity to Order the Selec­ted Reserve and Certain Members of the Indi­vidual Ready Reserve of the Armed Forces to Active Duty, 85 FR 18407, Mar. 27, 2020 (invoked in response to the spread of the novel coronavirus).

U.S. Section Code

14 U.S.C. § 104 (formerly 14 U.S.C. § 652)

Subject Matter

Any law remov­ing any restric­tion contained in any then-exist­ing law as applied to the Navy shall remove such restric­tions as applied to the Coast Guard (1949)

Language Dictat­ing When Powers Become Avail­able

“for the dura­tion of a war or national emer­gency proclaimed by the Pres­id­ent”  

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 13253, Amend­ment to Exec­ut­ive Order 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 67 FR 2791, Jan. 16, 2002 (invoked to respond further to the events of 9/11/2001, and deleg­ated to the Secret­ary of Trans­port­a­tion) (later amended to deleg­ate such author­ity to Secret­ary of Home­land Secur­ity instead of Secret­ary of Trans­port­a­tion).

U.S. Section Code

14 U.S.C. § 2779 (a) (formerly 14 U.S.C. § 660 (a))

Subject Matter

Secret­ary of the depart­ment in which the Coast Guard is oper­at­ing may, at reas­on­able rates of fare fixed, provide trans­port­a­tion to and from work for people work­ing at private plants that are manu­fac­tur­ing mater­ial for the Coast Guard (1980)

Language Dictat­ing When Powers Become Avail­able

“during a war or during a national emer­gency declared by Congress or the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

10 U.S.C. § 2632 (a)(2)(D)

Subject Matter

Secret­ary of milit­ary depart­ment concerned may provide trans­port­a­tion to and from work for employ­ees of and "persons attached to” a private plant manu­fac­tur­ing mater­ial for that depart­ment (1979)

Language Dictat­ing When Powers Become Avail­able

“during a war or a national emer­gency declared by Congress or the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

46 U.S.C. § 8301 (d)(1)

Subject Matter

The Secret­ary of the Depart­ment in which the Coast Guard is oper­at­ing may suspend provi­sions related to masters and officers of merchant vessels (1983)

Language Dictat­ing When Powers Become Avail­able

“during a national emer­gency proclaimed by the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 527

Subject Matter

Pres­id­ent may suspend stat­utory officer strength and distri­bu­tion in grade require­ments (1980)

Language Dictat­ing When Powers Become Avail­able

“In time of war, or of national emer­gency declared by Congress or the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 12743, Order­ing the Ready Reserve of the Armed Forces to Active Duty, 56 FR 2661, Jan. 18, 1991 (invoked in response to “the continu­ing threat posed by Iraq’s inva­sion of Kuwait,” ”in further­ance of [E.O.] 12722, dated August 2, 1990,” and deleg­ated to Secret­ary of Defense);


Proc. 7463, Declar­a­tion of National Emer­gency By Reason of Certain Terror­ist Attacks, 66 FR 48199, Sept. 14, 2001 (invoked in response to events of 9/11/2001);


E.O. 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 66 FR 48201, Sept. 14, 2001 (invoked in response to events of 9/11/2001 and deleg­ated to Secret­ary of Defense).

U.S. Section Code

10 U.S.C. § 603

Subject Matter

Pres­id­ent may tempor­ar­ily appoint any qual­i­fied person to any officer grade in the Army, Navy, Air Force, or Marine Corps, but not to grades above major general or rear admiral (1980)

Language Dictat­ing When Powers Become Avail­able

“In time of war, or of national emer­gency declared by the Congress or the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 13321, Appoint­ments During National Emer­gency, 68 FR 74465, Decem­ber 17, 2003 (invoked to respond further to the national emer­gency declared by Proc. 7463 of Sept. 14, 2001, and deleg­ated to Secret­ary of Defense);

Four civil­ians were appoin­ted to Milit­ary Commis­sion Review Panel in 2004 under this author­ity. See here for more inform­a­tion.

U.S. Section Code

10 U.S.C. § 12006 (a)

Subject Matter

Pres­id­ent may suspend the oper­a­tion of stat­utes govern­ing the author­ized strengths and distri­bu­tion of reserve officers in an active status in the armed forces (1994)

Language Dictat­ing When Powers Become Avail­able

“In time of war, or of national emer­gency declared by Congress or the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

Proc. 7463, Declar­a­tion of National Emer­gency By Reason of Certain Terror­ist Attacks, 66 FR 48199, Sept. 14, 2001 (invoked in response to events of 9/11/2001);

E.O. 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 66 FR 48201, Sept. 14, 2001 (invoked in response to the events of 9/11/2001).

U.S. Section Code

14 U.S.C. § 3733 (formerly 14 U.S.C. § 722)

Subject Matter

Pres­id­ent may suspend the oper­a­tion of certain stat­utes related to officers in the Coast Guard Reserve (1980)

Language Dictat­ing When Powers Become Avail­able

“In time of war or national emer­gency declared by Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 13253, Amend­ment to Exec­ut­ive Order 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 67 FR 2791, Jan. 16, 2002 (invoked to respond further to events of 9/11/2001 and deleg­ated to the Secret­ary of Trans­port­a­tion) (later amended to deleg­ate such author­ity to Secret­ary of Home­land Secur­ity instead of Secret­ary of Trans­port­a­tion).

U.S. Section Code

49 U.S.C. § 114 (g)

Subject Matter

Under­sec­ret­ary of Trans­port­a­tion author­ized to coordin­ate domestic trans­port­a­tion, among other duties (2001)

Language Dictat­ing When Powers Become Avail­able

“during a national emer­gency” – however, "The Secret­ary shall prescribe the circum­stances consti­tut­ing a national emer­gency for purposes of this subsec­tion”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law* 

U.S. Section Code

50 U.S.C. § 4533 (a)(7)

Subject Matter

Proced­ural and substant­ive limit­a­tions in stat­ute grant­ing the Pres­id­ent broad author­ity to create, main­tain, protect, expand, or restore domestic indus­trial base capab­il­it­ies that are essen­tial for the national defense may be waived (1950)

Language Dictat­ing When Powers Become Avail­able

“(A) during a period of national emer­gency declared by the Congress or the Pres­id­ent; or

(B) upon a determ­in­a­tion by the Pres­id­ent, on a nondelegable basis, that action is neces­sary to avert an indus­trial resource or crit­ical tech­no­logy item short­fall that would severely impair national defense capab­il­ity”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law* 

U.S. Section Code

10 U.S.C. § 8103 (formerly 10 U.S.C. § 5451)

Subject Matter

Pres­id­ent may suspend the oper­a­tion of stat­utes impos­ing distri­bu­tion in grade require­ments on the Navy (1956; powers amended and expan­ded to allow suspen­sion of further stat­utes in 1991)

Language Dictat­ing When Powers Become Avail­able

“during a war or national emer­gency… [not to] continue beyond Septem­ber 30 of the fiscal year follow­ing that in which the war or national emer­gency ends”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

The only stat­ute currently subject to this section is 10 USC § 5450, which caps the number of retired Navy flag officers on active duty at ten.

U.S. Section Code

10 U.S.C. § 1104 (d)

Subject Matter

Depart­ment of Veter­ans Affairs may provide health­care to members of the armed forces serving in national emer­gency (1989)

Language Dictat­ing When Powers Become Avail­able

“during and imme­di­ately follow­ing a period of war, or during and imme­di­ately follow­ing a national emer­gency involving the use of the armed forces in armed conflict”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

10 U.S.C. §§ 7014 (f)(4), (5) (formerly 10 U.S.C. §§ 3014 (f)(4), (5))

Subject Matter

Limit­a­tions on the size of the Office of the Secret­ary of the Army do not apply (1986; national emer­gency provi­sions narrowed in 2016)

Language Dictat­ing When Powers Become Avail­able

Limit­a­tions “do not apply in time of war;” certain limit­a­tions ”may be exceeded by a number equal to 15 percent of such limit­a­tion in time of national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

10 U.S.C. §§ 8014 (f)(4), (5) (formerly 10 U.S.C. §§ 5014 (f)(4), (5))

Subject Matter

Limit­a­tions on the size of the Office of the Secret­ary of the Navy do not apply (1986; national emer­gency provi­sions narrowed in 2016)

Language Dictat­ing When Powers Become Avail­able

Limit­a­tions “do not apply in time of war;” certain limit­a­tions ”may be exceeded by a number equal to 15 percent of such limit­a­tion in time of national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

14 U.S.C. § 3735(c) (formerly 14 U.S.C. § 724(c))

Subject Matter

Pres­id­ent may suspend or defer any end-strength limit­a­tion for any milit­ary or civil­ian compon­ent of the Coast Guard Reserve for a period not to exceed six months after the end of the war or national emer­gency (2002)

Language Dictat­ing When Powers Become Avail­able

“If at the end of any fiscal year there is in effect a declar­a­tion of war or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 13912, National Emer­gency Author­ity to Order the Selec­ted Reserve and Certain Members of the Indi­vidual Ready Reserve of the Armed Forces to Active Duty, 85 FR 18407, Mar. 27, 2020 (invoked in response to the spread of the novel coronavirus).

U.S. Section Code

31 U.S.C. § 3522 (b)(3)

Subject Matter

Addi­tional time avail­able for audit of armed forces (1982)

Language Dictat­ing When Powers Become Avail­able

“during a war or national emer­gency and for 18 months after the war or emer­gency ends”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

10 U.S.C. § 9014 (f)(5) (formerly cited as 10 U.S.C. § 8014 (f)(5))

Subject Matter

Limit­a­tions on size of Office of the Secret­ary of the Air Force do not apply (1986; national emer­gency provi­sions narrowed in 2016)

Language Dictat­ing When Powers Become Avail­able

Limit­a­tions “do not apply in time of war;” certain limit­a­tions ”may be exceeded by a number equal to 15 percent of such limit­a­tion in time of national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

14 U.S.C. § 4903 (a) (formerly cited as 14 U.S.C. § 2703 (a))

Subject Matter

Pres­id­ent may defer any "end strength” (the number of active duty milit­ary and civil­ian person­nel in a milit­ary or civil­ian compon­ent of the armed forces or of the Depart­ment of Defense on the last day of a partic­u­lar account­ing period) limit­a­tions with respect to that fiscal year for any milit­ary or civil­ian compon­ent of the Coast Guard, for a period up to six months after the end of war or termin­a­tion of national emer­gency (2002)

Language Dictat­ing When Powers Become Avail­able

“if at the end of any fiscal year there is in effect a declar­a­tion of war or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 123a (a)

Subject Matter

(1) Pres­id­ent may waive any stat­utory "end strength” (the number of active duty milit­ary and civil­ian person­nel in a milit­ary or civil­ian compon­ent of the armed forces or of the Depart­ment of Defense on the last day of a partic­u­lar account­ing period) for that fiscal year

(2) Pres­id­ent may waive any stat­utory limit that would other­wise apply during the period on the number of members of a reserve compon­ent who are author­ized to be on active duty, if the Pres­id­ent determ­ines the waiver is neces­sary to provide assist­ance in respond­ing to the major disaster or emer­gency (1990)

Language Dictat­ing When Powers Become Avail­able

(1) "If at the end of any fiscal year there is in effect a war or national emer­gency”

(2) "When a desig­na­tion of a major disaster or emer­gency (as those terms are defined in section 102 of [the Stafford Act, 42 U.S.C. § 5122]) is in effect”

Invoc­a­tions and Deleg­a­tions of Author­ity

Proc. 7463, Declar­a­tion of National Emer­gency By Reason of Certain Terror­ist Attacks, 66 FR 48199, Sept. 14, 2001 (invoked in response to the events of 9/11/2001);

E.O. 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 66 FR 48201, Sept. 14, 2001 (invoked to respond to the events of 9/11/2001, and deleg­ated to the Secret­ary of Defense);

E.O. 13253, Amend­ment to Exec­ut­ive Order 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 67 FR 2791, Jan. 16, 2002 (invoked to respond further to the events of 9/11/2001, and deleg­ated to the Secret­ary of Trans­port­a­tion).

Subject Matter

Secret­ary of Defense may under­take or author­ize milit­ary construc­tion projects that are neces­sary to support emer­gency use of the armed forces, using unoblig­ated funds appro­pri­ated for milit­ary construc­tion projects that have been canceled or have had their costs reduced, up to a limit of $500 million for over­seas projects and $100 million for domestic projects (1982)

Language Dictat­ing When Powers Become Avail­able

“In the event of a declar­a­tion of war or the declar­a­tion by the Pres­id­ent of a national emer­gency in accord­ance with the National Emer­gen­cies Act (50 U.S.C. §§ 1601 et seq.) that requires use of the armed forces”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 12734, National Emer­gency Construc­tion Author­ity, 55 FR 48099, Nov. 14, 1990 (invoked to respond further to the emer­gency declared in E.O. 12722 on Aug. 2, 1990, regard­ing Iraq’s inva­sion of Kuwait);

E.O. 13235, National Emer­gency Construc­tion Author­ity, 66 FR 58343, Nov. 16, 2001 (invoked to respond further to the events of 9/11/2001);

Proc. 9844,  Declar­ing a National Emer­gency Concern­ing the South­ern Border of the United States, 84 FR 4949, Feb. 15, 2019 (invoked to respond to the emer­gency declared herein regard­ing the secur­ity of the south­ern border of the United States).

U.S. Section Code

Sec. 369(c) of NDAA for FY 2021 (no U.S. Code section yet)

Subject Matter

Secret­ary of Defense can waive require­ment to publish a rule in the Federal Register before prohib­it­ing or limit­ing any ingredi­ent in milit­ary or commis­sary food (2020)

Language Dictat­ing When Powers Become Avail­able

“if the Secret­ary determ­ines that such a waiver is neces­sary for milit­ary oper­a­tions or for the response to a national emer­gency declared by the Pres­id­ent under the National Emer­gen­cies Act (50 U.S.C. 1601 et seq.), a medical emer­gency, or a pandemic”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

Sec. 511(g) of NDAA for FY 2021 (to be codi­fied at 10 U.S.C. § 688a(g))

Subject Matter

Restric­tions on the number of retired members of the U.S. armed forces who may be ordered to active duty under 10 U.S.C. § 688a, and on the time peri­ods in which they may be ordered to active duty, do not apply (2020)

Language Dictat­ing When Powers Become Avail­able

“during a time of war or of national emer­gency declared by Congress or the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

Sec. 552(a) of NDAA for FY 2021 (to be codi­fied at 10 U.S.C. § 481(d)(3))

Subject Matter

Secret­ary of Defense may post­pone the conduct of peri­odic surveys regard­ing racial, ethnic, and gender issues and discrim­in­a­tion in active and reserve compon­ents (2020)

Language Dictat­ing When Powers Become Avail­able

“if the Secret­ary determ­ines that conduct­ing such assess­ment is not prac­tic­able due to a war or national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

Sec. 552(b)(1) of NDAA for FY 2021 (to be codi­fied at 10 U.S.C. § 7461(c)(3))

Subject Matter

Secret­ary of Defense may post­pone the conduct of annual assess­ment of sexual harass­ment and sexual viol­ence at the U.S. Milit­ary Academy (2020)

Language Dictat­ing When Powers Become Avail­able

“if the Secret­ary determ­ines that conduct­ing such assess­ment is not prac­tic­able due to a war or national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

Sec. 552(b)(2) of NDAA for FY 2021 (to be codi­fied at 10 U.S.C. § 8480(c)(3))

Subject Matter

Secret­ary of Defense may post­pone the conduct of annual assess­ment of sexual harass­ment and sexual viol­ence at the U.S. Naval Academy (2020)

Language Dictat­ing When Powers Become Avail­able

“if the Secret­ary determ­ines that conduct­ing such assess­ment is not prac­tic­able due to a war or national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

Sec. 552(b)(3) of NDAA for FY 2021 (to be codi­fied at 10 U.S.C. § 9461(c)(3))

Subject Matter

Secret­ary of Defense may post­pone the conduct of annual assess­ment of sexual harass­ment and sexual viol­ence at the U.S. Air Force Academy (2020)

Language Dictat­ing When Powers Become Avail­able

“if the Secret­ary determ­ines that conduct­ing such assess­ment is not prac­tic­able due to a war or national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

Sec. 552(c) of NDAA for FY 2021 (to be codi­fied at 10 U.S.C. § 481a(d))

Subject Matter

Secret­ary of Defense may post­pone the conduct of bien­nial survey of gender issues among Depart­ment of Defense civil­ian employ­ees (2020)

Language Dictat­ing When Powers Become Avail­able

“if the Secret­ary determ­ines that conduct­ing such assess­ment is not prac­tic­able due to a war or national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

Sec. 3505 of NDAA for FY 2021 (to be codi­fied at 46 U.S.C § 50308)

Subject Matter

The Mari­time Admin­is­trator may make grants to and enter into contracts and agree­ment with State and Tribal entit­ies and other eligible entit­ies for the costs of repla­cing, repair­ing, or oper­at­ing U.S. mari­time trans­port­a­tion system equip­ment and facil­it­ies (2020)

Language Dictat­ing When Powers Become Avail­able

(For repla­cing or repair­ing equip­ment and facil­it­ies:) if the Mari­time Admin­is­trator determ­ines equip­ment “is in danger of suffer­ing seri­ous phys­ical damage, or has suffered seri­ous phys­ical damage, as a result of an emer­gency”

(For oper­at­ing equip­ment and facil­it­ies:)“in an area directly affected by an emer­gency during— (A) the one-year period begin­ning on the date of a declar­a­tion of an emer­gency… [or] (B) an addi­tional one-year period begin­ning one year after the date of an emer­gency… if the Mari­time Admin­is­trator, in consulta­tion with the Admin­is­trator of the Federal Emer­gency Manage­ment Admin­is­tra­tion determ­ines there is a compel­ling need arising out of the emer­gency for which the declar­a­tion is made”

“Emer­gency” is defined in 46 U.S.C § 50308(j)(4) as “a natural disaster affect­ing a wide area (such as a flood, hurricane, tidal wave, earth­quake, severe storm, or land­slide) or a cata­strophic fail­ure from any external cause, that impacts the United States mari­time trans­port­a­tion system and as a result of which— (A) the Governor of a State has declared an emer­gency and the Mari­time Admin­is­trator, in consulta­tion with the Admin­is­trator of the Federal Emer­gency Manage­ment Admin­is­tra­tion, has concurred in the declar­a­tion; (B) the Pres­id­ent has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emer­gency Assist­ance Act (42 U.S.C. 5170); (C) national emer­gency declared by the Pres­id­ent under the National Emer­gen­cies Act (50 U.S.C. 1601 et seq.) is in effect; or (D) a public health emer­gency declared pursu­ant to section 319 of the Public Health Service Act (42 U.S.C. 247d) is in effect’’

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

Sec. 8320 of NDAA for FY 2021 (to be codi­fied at 46 U.S.C. § 12108)

Subject Matter

Secret­ary of the depart­ment in which the Coast Guard is oper­at­ing may extend the certi­fic­ate of docu­ment­a­tion issued on a vessel under 46 U.S.C. chapter 121 (2020

Language Dictat­ing When Powers Become Avail­able

To enable the Coast Guard to “act in response to a national emer­gency or natural disaster”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

Federal Employ­ees

U.S. Section Code

5 U.S.C. § 5303 (b)

Subject Matter

Pres­id­ent may alter auto­matic adjust­ments to federal pay sched­ules after first report­ing to Congress (1966)

Language Dictat­ing When Powers Become Avail­able

“If, because of national emer­gency or seri­ous economic condi­tions affect­ing the general welfare, the Pres­id­ent should consider the pay adjust­ment…in any year to be inap­pro­pri­ate”

Invoc­a­tions and Deleg­a­tions of Author­ity

This provi­sion has been routinely invoked by Pres­id­ents seek­ing to adjust federal pay sched­ules since the mid-1990s. See here for more inform­a­tion.

Pres­id­ent Trump recently announced his inten­tion to imple­ment altern­at­ive plans for pay adjust­ments under the author­ity of this stat­ute in Janu­ary 2019. See Text of a Letter from the Pres­id­ent to the Speaker of the House of Repres­ent­at­ives and the Pres­id­ent of the Senate, White House, Aug. 30, 2018.

U.S. Section Code

5 U.S.C. § 5304a

Subject Matter

Pres­id­ent may imple­ment altern­at­ive compar­ab­il­ity payments for govern­ment employ­ees after first report­ing to Congress (1990)

Language Dictat­ing When Powers Become Avail­able

“If, because of national emer­gency or seri­ous economic condi­tions affect­ing the general welfare, the Pres­id­ent should consider the level of compar­ab­il­ity payment­s…in any year to be inap­pro­pri­ate”

Invoc­a­tions and Deleg­a­tions of Author­ity

This provi­sion has been routinely invoked by Pres­id­ents seek­ing to adjust federal pay sched­ules since the mid-1990s. See here for more inform­a­tion.

Pres­id­ent Trump recently announced his inten­tion to imple­ment altern­ate plans for pay adjust­ments under the author­ity of this stat­ute in Janu­ary 2019. See Text of a Letter from the Pres­id­ent to the Speaker of the House of Repres­ent­at­ives and the Pres­id­ent of the Senate, White House, Aug. 30, 2018.

U.S. Section Code

40 U.S.C. § 3147

Subject Matter

Pres­id­ent may suspend stat­utory wage-rate require­ments for public contracts (1931)

Language Dictat­ing When Powers Become Avail­able

“during a national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

Pres­id­ent Frank­lin Roosevelt invoked this provi­sion to suspend the Davis-Bacon Act nation­wide in 1934 but ended the suspen­sion within a month. This provi­sion may also have been used to suspend Davis-Bacon under the gener­al­ized state of emer­gency proclaimed during World War II. For more inform­a­tion, see William G. Whit­taker, The Davis-Bacon Act: Suspen­sion, RL 33100, Congres­sional Research Service, Septem­ber 26, 2005, 4.

Recent invoc­a­tions of this stat­ute have been consist­ently contro­ver­sial. The longest invoc­a­tion of this stat­ute since World War II only lasted for four months. See, e.g.: 

Proc. 4031, Proclaim­ing the Suspen­sion of the Davis-Bacon Act of March 3, 1931, 53 FR 3457, Feb. 23, 1971 (suspend­ing the Davis-Bacon Act nation­wide due to "condi­tions involving the construc­tion industry which, taken together, create an emer­gency situ­ation.” The proclam­a­tion was rescin­ded a month later);

Proc. 6491, To Suspend the Davis-Bacon Act of March 3, 1931, Within a Limited Geographic Area in Response to the National Emer­gency Caused by Hurricanes Andrew and Iniki, 57 FR 47553, Oct. 14, 1992 (declar­ing "a ‘national emer­gency’ within the mean­ing of Section 6 of the Davis-Bacon Act” in a limited area for hurricane relief efforts. The proclam­a­tion was rescin­ded by Pres­id­ent Clin­ton in Febru­ary 1993);

Proc. 7924, To Suspend Subchapter IV of Chapter 31 of Title 40, United States Code, Within a Limited Geographic Area in Response to the National Emer­gency Caused by Hurricane Katrina, 70 FR 54225, Sept. 8, 2005 (declar­ing that the condi­tions caused by Hurricane Katrina "consti­tute a ‘national emer­gency’ within the mean­ing of section 3147 of title 40, United States Code”). This declar­a­tion sparked some debate about the valid­ity of such an invoc­a­tion without a declar­a­tion under the National Emer­gen­cies Act. The ques­tion was never resolved as the suspen­sion was lifted by Proc. 7959, Revok­ing Proclam­a­tion 7924, 70 FR 67897, Nov. 3, 2005; see Prevail­ing Wage Require­ments and the Emer­gency Suspen­sion of the Davis-Bacon Act, RL33276, Congres­sional Research Service, Febru­ary 16, 2006, 4–7.

U.S. Section Code

10 U.S.C. § 2461 (e)

Subject Matter

Depart­ment of Defense func­tion performed by civil­ian employ­ees may be conver­ted to contractor perform­ance without a public-private compet­i­tion (1989)

Language Dictat­ing When Powers Become Avail­able

“during war or during a period of national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

A review of citing refer­ences on West­law reveals that this clause has been relied upon in arbit­ra­tion decisions over privat­iz­a­tion of Depart­ment of Defense func­tions as recently as 2006, despite never being invoked in a formal declar­a­tion of national emer­gency.

U.S. Section Code

10 U.S.C. § 688 (f)

Subject Matter

Certain retired officers may be ordered to active duty, and time limits on recall service by retired service­mem­bers do not apply (1996)

Language Dictat­ing When Powers Become Avail­able

“in time of war or of national emer­gency declared by Congress or the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 13814, Amend­ing Exec­ut­ive Order 13223, 82 FR 49273, Oct. 20, 2017 (invok­ing section 688 "to provide the Secret­ary of Defense addi­tional author­ity to manage person­nel require­ments in a manner consist­ent with the author­iz­a­tion provided in E.O. 13223 of Septem­ber 14, 2001,” to address a short­age of pilots in the Air Force by enabling retired pilots to return to active duty).

U.S. Section Code

10 U.S.C. § 690 (c)

Subject Matter

Limit­a­tions on the number of retired officers who may be ordered to active duty at any one time do not apply (1996)

Language Dictat­ing When Powers Become Avail­able

“in time of war or national emer­gency declared by Congress or the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 13814, Amend­ing Exec­ut­ive Order 13223, 82 FR 49273, Oct. 20, 2017 (invok­ing section 690 "to provide the Secret­ary of Defense addi­tional author­ity to manage person­nel require­ments in a manner consist­ent with the author­iz­a­tion provided in E.O. 13223 of Septem­ber 14, 2001,” to address a short­age of pilots in the Air Force by enabling retired pilots to return to active duty).

U.S. Section Code

10 U.S.C. § 12243

Subject Matter

Pres­id­ent may suspend any provi­sion of law related to the promo­tion, retire­ment, or separ­a­tion of perman­ent reserve warrant officers of any armed force (1956)

Language Dictat­ing When Powers Become Avail­able

“In time of war, or of emer­gency declared after May 29, 1954, by Congress or the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

E.O. 11390, Deleg­a­tion of Certain Func­tions of the Pres­id­ent to the Secret­ary of Defense, 33 FR 841, Jan. 22, 1968 (Section 1(4) of this order deleg­ated powers under this stat­ute to the Secret­ary of Defense)

U.S. Section Code

10 U.S.C. § 857 Art. 57 (a)(4) (formerly cited as 10 U.S.C. § 871 Art. 71 (b))

Subject Matter

In the case of a commis­sioned officer, cadet, or midship­man, the Secret­ary, Under Secret­ary, or Assist­ant Secret­ary of the milit­ary depart­ment concerned may commute a court martial sentence of dismissal to reduc­tion to any enlis­ted grade. A person so reduced may be required to serve for the dura­tion of the war or emer­gency and for six months there­after (1956)

Language Dictat­ing When Powers Become Avail­able

“in time of war or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

E.O. 10498, Deleg­at­ing to the Secret­ar­ies of the Milit­ary Depart­ments and the Secret­ary of the Treas­ury Certain Author­ity Vested in the Pres­id­ent by the Uniform Code of Milit­ary Justice, 18 FR 7003, Nov. 6, 1953 (deleg­at­ing the author­ity conferred by this stat­ute to secret­ar­ies of milit­ary depart­ments concerned as to persons convicted by milit­ary tribunals under their juris­dic­tion)

U.S. Section Code

42 U.S.C. § 211 (k)

Subject Matter

Certain restric­tions on promo­tion of commis­sioned officers of the Regu­lar Corps of the Public Health Service do not apply (1944)

Language Dictat­ing When Powers Become Avail­able

In "time of war, or of national emer­gency proclaimed by the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

E.O. 10506, Deleg­at­ing Certain Func­tions of the Pres­id­ent Under the Public Health Service Act, 18 FR 8219, Dec. 10, 1953 (deleg­at­ing the author­ity given by this stat­ute to waive restric­tions on promo­tion in the Public Health Service Corps in times of national emer­gency gener­ally to the Secret­ary of Health, Educa­tion, and Welfare);

E.O. 11140, Deleg­at­ing Certain Func­tions of the Pres­id­ent Relat­ing to the Public Health Service, 29 FR 1637, Jan. 30, 1964 (deleg­at­ing the author­ity given by this stat­ute to waive restric­tions on promo­tion in the Public Health Service Corps in times of national emer­gency gener­ally to the Secret­ary of Health and Human Services).

U.S. Section Code

10 U.S.C. § 123

Subject Matter

Pres­id­ent may suspend any provi­sion of law related to the promo­tion, invol­un­tary retire­ment, or separ­a­tion of commis­sioned officers of the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve (1958)

Language Dictat­ing When Powers Become Avail­able

“In time of war, or of national emer­gency declared by Congress or the Pres­id­ent” and "so long as such war or national emer­gency contin­ues”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 11390, Deleg­a­tion of Certain Func­tions of the Pres­id­ent to the Secret­ary of Defense, 33 FR 841, Jan. 22, 1968 (deleg­at­ing these author­it­ies to the Secret­ary of Defense);

 

Proc. 7463, Declar­a­tion of National Emer­gency By Reason of Certain Terror­ist Attacks, 66 FR 48199, Sept. 14, 2001 (invoked in response to the events of 9/11/2001);

E.O. 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 66 FR 48201, Sept. 14, 2001 (invoked in response to the events of 9/11/2001 and deleg­ated to the Secret­ary of Defense);

E.O. 13253, Amend­ment to Exec­ut­ive Order 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 67 FR 2791, Jan. 16, 2002 (invoked to respond further to the events of 9/11/2001, and deleg­ated to the Secret­ary of Trans­port­a­tion).

U.S. Section Code

14 U.S.C. § 2317 (b) (formerly cited as 14 U.S.C. § 371 (b))

Subject Matter

Require­ment that at least 20 percent of Coast Guard aviation cadets procured in each fiscal year be procured from qual­i­fied enlis­ted members of the Coast Guard does not apply (1966)

Language Dictat­ing When Powers Become Avail­able

“in time of war or national emer­gency declared by Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

10 U.S.C. § 8033 (a)(1)

Subject Matter

Air Force Chief of Staff may be reappoin­ted for a second term of not more than four years (1967)

Language Dictat­ing When Powers Become Avail­able

“In time of war or during a national emer­gency declared by Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

14 U.S.C. § 2127 (formerly 14 U.S.C. § 331)

Subject Matter

Secret­ary of the depart­ment in which the Coast Guard is oper­at­ing may order any regu­lar officer on the retired list to active duty (1963)

Language Dictat­ing When Powers Become Avail­able

“In time of war or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

Proc. 7463, Declar­a­tion of National Emer­gency By Reason of Certain Terror­ist Attacks, 66 FR 48199, Sept. 14, 2001 (invoked in response to the events of 9/11/2001);

E.O. 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 66 FR 48201, Sept. 14, 2001 (invoked in response to the events of 9/11/2001 and deleg­ated to the Secret­ary of Trans­port­a­tion when the Coast Guard is not serving as part of the Navy) (later amended to deleg­ate such author­ity to Secret­ary of Home­land Secur­ity instead of Secret­ary of Trans­port­a­tion).

E.O. 13912, National Emer­gency Author­ity to Order the Selec­ted Reserve and Certain Members of the Indi­vidual Ready Reserve of the Armed Forces to Active Duty, 85 FR 18407, Mar. 27, 2020 (invoked in response to the spread of the novel coronavirus).

U.S. Section Code

14 U.S.C. § 2308 (formerly 14 U.S.C. § 359)

Subject Matter

Command­ant of the Coast Guard may order any enlis­ted member on the retired list to active duty (1949)

Language Dictat­ing When Powers Become Avail­able

“In times of war or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

Proc. 7463, Declar­a­tion of National Emer­gency By Reason of Certain Terror­ist Attacks, 66 FR 48199, Sept. 14, 2001 (invoked in response to the events of 9/11/2001);

E.O. 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 66 FR 48201, Sept. 14, 2001 (invoked in response to the events of 9/11/2001 and deleg­ated to the Secret­ary of Trans­port­a­tion when the Coast Guard is not serving as part of the Navy) (later amended to deleg­ate such author­ity to Secret­ary of Home­land Secur­ity instead of Secret­ary of Trans­port­a­tion).

E.O. 13912, National Emer­gency Author­ity to Order the Selec­ted Reserve and Certain Members of the Indi­vidual Ready Reserve of the Armed Forces to Active Duty, 85 FR 18407, Mar. 27, 2020 (invoked in response to the spread of the novel coronavirus).

U.S. Section Code

33 U.S.C. § 3030

Subject Matter

Subject to certain limit­a­tions, all laws author­iz­ing tempor­ary appoint­ment or advance­ment of commis­sioned officers in the Navy also apply to officers of the National Oceanic and Atmo­spheric Admin­is­tra­tion (2002)

Language Dictat­ing When Powers Become Avail­able

“in time of war or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

E.O. 13341, Further Amend­ment to Exec­ut­ive Order 11023, Provid­ing for the Perform­ance by the Secret­ary of Commerce of Certain Func­tions Relat­ing to the National Oceanic and Atmo­spheric Admin­is­tra­tion, 69 FR 29843, May 20, 2004 (amend­ing E.O. 11023, 27 FR 5131, May 28, 1962, and deleg­at­ing author­ity to make appoint­ments and promo­tions under this section to the Secret­ary of Commerce).

U.S. Section Code

10 U.S.C. § 8102 (formerly cited as 10 U.S.C. § 5450)

Subject Matter

More than ten retired flag officers may be on active duty in the Navy (1956)

Language Dictat­ing When Powers Become Avail­able

“in time of war or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

10 U.S.C. § 155 (f)(4)

Subject Matter

Restric­tions on Joint Staff officer tours of duty do not apply (1986)

Language Dictat­ing When Powers Become Avail­able

In "time of war; or

(B) during a national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 194 (e)

Subject Matter

Certain caps on defense agency person­nel do not apply (1986)

Language Dictat­ing When Powers Become Avail­able

“(1) in time of war; or

(2) during a national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 620 (d)

Subject Matter

Secret­ary of milit­ary depart­ment concerned may keep reserve officer ordered to active duty off the active duty list for up to 24 months (1994)

Language Dictat­ing When Powers Become Avail­able

“during a war or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 708 (d)(1)

Subject Matter

Secret­ary of milit­ary depart­ment concerned may cancel educa­tional leave of absence gran­ted to a member of the armed forces (1984)

Language Dictat­ing When Powers Become Avail­able

“in time of war, or of national emer­gency declared by the Pres­id­ent or the Congress after Octo­ber 19, 1984”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 1076a (e)(2)

Subject Matter

Secret­ary may waive charges for dental care through TRICARE dental program for reserve members to facil­it­ate deploy­ment (1999)

Language Dictat­ing When Powers Become Avail­able

“During a national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 7033 (a)(1) (formerly cited as 10 U.S.C. § 3033 (a)(1))

Subject Matter

Army Chief of Staff may be reappoin­ted for a second term of not more than four years (1969)

Language Dictat­ing When Powers Become Avail­able

“In time of war or during a national emer­gency declared by Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 8033 (a)(1) (formerly cited as 10 U.S.C. § 5033 (a)(1))

Subject Matter

Chief of Naval Oper­a­tions can be reappoin­ted for a second term of not more than four years (1986)

Language Dictat­ing When Powers Become Avail­able

“In time of war or during a national emer­gency declared by Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C § 8043 (a)(1) (formerly cited as 10 U.S.C § 5043 (a)(1))

Subject Matter

Command­ant of Marine Corps may be reappoin­ted for a second term of not more than four years (1986)

Language Dictat­ing When Powers Become Avail­able

“In time of war or during a national emer­gency declared by Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 8411 (b) (formerly cited as 10 U.S.C. § 6911 (b))

Subject Matter

Require­ment that 20% of aviation cadets in the naval service in each fiscal year be procured from qual­i­fied enlis­ted Navy and Marine Corps members may be waived (1981)

Language Dictat­ing When Powers Become Avail­able

“in time of war or emer­gency declared by Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 12311 (d)

Subject Matter

If an agree­ment with a member of a reserve compon­ent to serve on active duty expires during a war or national emer­gency, the member may be kept on active duty without their consent (1956)

Language Dictat­ing When Powers Become Avail­able

“If a [stand­ard writ­ten agree­ment to serve for a period of active duty] expires during a war or during a national emer­gency declared by Congress or the Pres­id­ent after Janu­ary 1, 1953”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 12313 (b)

Subject Matter

Member of a reserve compon­ent may be released from active duty (other than for train­ing) only if

(1) a board of officers convened at his request recom­mends the release and the recom­mend­a­tion is approved;

(2) the member does not request that a board be convened; or

(3) his release is other­wise author­ized by law. These restric­tions do not apply during a period of demo­bil­iz­a­tion or reduc­tion in strength of the armed force concerned (1956)

Language Dictat­ing When Powers Become Avail­able

“In time of war or of national emer­gency declared by Congress or the Pres­id­ent after Janu­ary 1, 1953”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 14317 (e)

Subject Matter

Reserve officer not on active duty list who is ordered to active duty may be considered for promo­tion (1994)

Language Dictat­ing When Powers Become Avail­able

“in time of war or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

50 U.S.C. § 3809 (e)

Subject Matter

Pres­id­ent may assign addi­tional armed forces person­nel to Select­ive Service System (1997)

Language Dictat­ing When Powers Become Avail­able

“during a time of war or a national emer­gency declared by Congress or the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

7 U.S.C. § 1982 (a)

Subject Matter

Agri­cul­tural debt relief author­ized for reserv­ists mobil­ized to serve during national emer­gency (2004)

Language Dictat­ing When Powers Become Avail­able

“during a war or during a national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

41 U.S.C. § 1710 (e)

Subject Matter

An exec­ut­ive agency func­tion performed by civil­ian employ­ees may be conver­ted to contractor perform­ance without a public-private compet­i­tion (2011)

Language Dictat­ing When Powers Become Avail­able

“…dur­ing war or during a period of national emer­gency declared by the Pres­id­ent or Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 12301 (a)

Subject Matter

An author­ity desig­nated by the Secret­ary concerned may, without the consent of the persons affected, order any unit and any member of a reserve compon­ent under the juris­dic­tion of that Secret­ary to active duty for the dura­tion of the war or emer­gency and for six months there­after (1956)

Language Dictat­ing When Powers Become Avail­able

“In time of war or of national emer­gency declared by Congress, or when other­wise author­ized by law” 

Invoc­a­tions and Deleg­a­tions of Author­ity

This provi­sion has not been invoked since WWII.

See Colonel Kevin Cieply, "Chart­ing a New Role for Title 10 Reserve Forces: A Total Force Response to Natural Disasters,” Dept. of Army Pamph­let 27–100–196, Milit­ary Law Review, Summer 2008.

U.S. Section Code

50 U.S.C. §§ 3806 (b), (c)

Subject Matter

(b) Certain World War II veter­ans, who would ordin­ar­ily be exempt from Select­ive Service, may be draf­ted; and

(c) Certain persons, who would ordin­ar­ily be exempt from Select­ive Service because of prior service in the Reserves, may be draf­ted (1948)

Language Dictat­ing When Powers Become Avail­able

(b) "after a declar­a­tion of war or national emer­gency made by the Congress subsequent to June 24, 1948”

(c) "after a declar­a­tion of war or national emer­gency made by the Congress after August 9, 1955”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

50 U.S.C. § 4560 (e)

Subject Matter

Pres­id­ent may provide for the estab­lish­ment and train­ing of a "nucleus exec­ut­ive reserve” for employ­ment in exec­ut­ive posi­tions in govern­ment (1955)

Language Dictat­ing When Powers Become Avail­able

“during peri­ods of national defense emer­gency, as determ­ined by the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

E.O. 13603, National Defense Resources Prepared­ness, 77 FR 16651, Mar. 16, 2012 (Sections 501 and 502 of this order deleg­ate author­ity under this stat­ute to "the head of each agency other­wise deleg­ated func­tions under the order”).

U.S. Section Code

10 U.S.C. § 7375 (formerly cited as 10 U.S.C. § 4025)

Subject Matter

Regu­lar work hours of laborers and mech­an­ics in the Army produ­cing milit­ary supplies or muni­tions may be exceeded with over­time pay (1956)

Language Dictat­ing When Powers Become Avail­able

“During a national emer­gency declared by the Pres­id­ent, the regu­lar work­ing hours…. under regu­la­tions prescribed by the Secret­ary of the Army…may be exceeded”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 8385 (a) (formerly cited as 10 U.S.C. § 6485 (a))

Subject Matter

Compet­ent author­ity may order members of Fleet Reserve and Fleet Marines Corps Reserve to active duty without their consent (1956)

Language Dictat­ing When Powers Become Avail­able

“(1) in time of war or national emer­gency declared by Congress, for the dura­tion of the war or national emer­gency and for six months there­after;

(2) in time of national emer­gency declared by the Pres­id­ent; or

(3) when other­wise author­ized by law”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

14 U.S.C. § 932 (a)(2) (formerly cited as 14 U.S.C. § 636 (a)(2))

Subject Matter

Commis­sioned and warrant officers in Coast Guard may, pursu­ant to rules prescribed by the Command­ant, exer­cise the powers of a notary public (1949)

Language Dictat­ing When Powers Become Avail­able

“in time of war or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

14 U.S.C. § 2125 (formerly cited as 14 U.S.C. § 275)

Subject Matter

Pres­id­ent may suspend any section of 14 U.S.C. Ch. 11 relat­ing to selec­tion, promo­tion, or invol­un­tary separ­a­tion of Coast Guard officers, and may promote warrant officers below the grade of chief warrant officer to the next higher grade. Promo­tions and appoint­ments made under this section are tempor­ary and are subject to certain proced­ural require­ments. (1963)

Language Dictat­ing When Powers Become Avail­able

“In time of war, or of national emer­gency declared by the Pres­id­ent or Congress[.]” Any suspen­sion of proced­ures under this section "may not continue beyond six months after the termin­a­tion of the war or national emer­gency.”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 13253, Amend­ment to Exec­ut­ive Order 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 67 FR 2791, Jan. 16, 2002 (invoked in response to the events of 9/11/2001 and deleg­ated to the Secret­ary of Trans­port­a­tion) (later amended to deleg­ate author­ity to Secret­ary of Home­land Secur­ity instead of Secret­ary of Trans­port­a­tion).

U.S. Section Code

10 U.S.C. § 12305 (a)

Subject Matter

Pres­id­ent may suspend any provi­sion of law relat­ing to promo­tion, retire­ment, or separ­a­tion applic­able to any member of the armed forces who the Pres­id­ent determ­ines is essen­tial to national secur­ity (1983)

Language Dictat­ing When Powers Become Avail­able

“during any period members of a reserve compon­ent are serving on active duty pursu­ant to an order to active duty under author­ity of” 10 U.S.C. §§ 12301, 12302, or 12304

Invoc­a­tions and Deleg­a­tions of Author­ity

Proc. 7463, Declar­a­tion of National Emer­gency By Reason of Certain Terror­ist Attacks, 66 FR 48199, Sept. 14, 2001 (invoked in response to the events of 9/11/2001);

E.O. 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 66 FR 48201, Sept. 14, 2001 (invoked in response to the events of 9/11/2001);

E.O. 12728, Deleg­at­ing Pres­id­ent’s Author­ity to Suspend Any Provi­sion of Law Relat­ing to Promo­tion, Retire­ment, or Separ­a­tion of Members of Armed Forces, 55 FR 35029, Aug. 22, 1990 (deleg­at­ing author­ity under this section to the Secret­ary of Defense and the Secret­ary of Home­land Secur­ity with respect to the Coast Guard when it is not oper­at­ing as a service in the Depart­ment of the Navy).

U.S. Section Code

10 U.S.C. § 1491 (e)

Subject Matter

Secret­ary of Defense may waive any require­ments with respect to funeral honors for veter­ans (1999)

Language Dictat­ing When Powers Become Avail­able

“when the Secret­ary considers it neces­sary to do so to meet the require­ments of war, national emer­gency, or a contin­gency oper­a­tion or other milit­ary require­ments.” This author­ity may not be deleg­ated.

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

38 U.S.C. § 1721

Subject Matter

Secret­ary of Veter­ans Affairs may prescribe limit­a­tions on the provi­sion of hospital, nurs­ing home, and domi­cil­i­ary care and medical services in VA facil­it­ies (1988)

Language Dictat­ing When Powers Become Avail­able

“during a period of national emer­gency (other than a period of war or an emer­gency described in section 8111A of this title)”

Section 8111A describes "a period of national emer­gency declared by the Pres­id­ent or the Congress that involves the use of the armed forces in armed conflict”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 1064

Subject Matter

Members of National Guard and their depend­ents can use commis­sary stores and exchange stores and other revenue-gener­at­ing facil­it­ies oper­ated by the Depart­ment of Defense (1998)

Language Dictat­ing When Powers Become Avail­able

When "called or ordered to duty in response to a feder­ally declared disaster or national emer­gency…­dur­ing the period of such duty”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

20 U.S.C. § 1087e (f)(2)(c)

Subject Matter

Depart­ment of Educa­tion may defer payment require­ments and interest accrual for borrower serving on active duty during national emer­gency (2006)

Language Dictat­ing When Powers Become Avail­able

“during which the borrower –

(i) is serving on active duty during a war or other milit­ary oper­a­tion or national emer­gency; or

(ii) is perform­ing qual­i­fy­ing National Guard duty during a war or other milit­ary oper­a­tion or national emer­gency, and for the 180-day period follow­ing the demo­bil­iz­a­tion date for the service”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 9375 (formerly cited as 10 U.S.C. § 9025)

Subject Matter

Regu­lar work hours of Air Force laborers and mech­an­ics produ­cing milit­ary supplies or muni­tions may be exceeded with over­time pay (1956)

Language Dictat­ing When Powers Become Avail­able

“During a national emer­gency declared by the Pres­id­ent…. [and] under regu­la­tions prescribed by the Secret­ary of the Air Force”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 12103 (c)

Subject Matter

Term of service of a person enlis­ted as a Reserve, that would other­wise expire, contin­ues until six months after the end of the emer­gency (1958)

Language Dictat­ing When Powers Become Avail­able

This provi­sion affects "enlist­ment that is in effect at the begin­ning of a war or of a national emer­gency declared by Congress, or entered into during such a war or emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 12316 (b)

Subject Matter

Reserv­ist entitled to a pension is not entitled to the pension when serving on active duty for more than thirty days, unless the amount of the pension is greater than the amount of active duty pay (1958)

Language Dictat­ing When Powers Become Avail­able

Upon “being ordered to active duty for a period of more than 30 days in time of war or national emer­gency” and being ”found phys­ic­ally qual­i­fied to perform that duty,” the Member ceases to be entitled to pension payments and instead becomes entitled to "the pay and allow­ances author­ized by law for the duty that he is perform­ing” for the dura­tion of the period of active duty

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 16163 (a)

Subject Matter

A member of a reserve compon­ent is entitled to federal educa­tional assist­ance (2004)

Language Dictat­ing When Powers Become Avail­able

If, on or after Septem­ber 11, 2001, the member served “on active duty in support of a contin­gency oper­a­tion for 90 consec­ut­ive days or more,” or performed full time National Guard duty under section 502(f) of title 32 for 90 consec­ut­ive days or more ”for the purpose of respond­ing to a national emer­gency declared by the Pres­id­ent and suppor­ted by Federal funds.” The relev­ant section of 32 U.S.C. § 502 (f) describes the circum­stances in which the National Guard may be ordered to active duty, includ­ing gener­ally in ”support of oper­a­tions under­taken by the member’s unit at the request of the Pres­id­ent or Secret­ary of Defense.”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

37 U.S.C. § 1009 (e)

Subject Matter

Pres­id­ent may imple­ment altern­ate pay adjust­ments for members of the uniformed services after first report­ing to Congress (2003)

Language Dictat­ing When Powers Become Avail­able

“If, because of national emer­gency or seri­ous economic condi­tions affect­ing the general welfare, the Pres­id­ent considers the pay adjust­ment which would other­wise be required by this section in any year to be inap­pro­pri­ate”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

20 U.S.C. § 1098bb

Subject Matter

Secret­ary of Educa­tion may waive provi­sions of Higher Educa­tion Relief Oppor­tun­it­ies for Students Act of 2003 (2003)

Language Dictat­ing When Powers Become Avail­able

“as the Secret­ary deems neces­sary in connec­tion with a war or other milit­ary oper­a­tion or national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

Educa­tion Depart­ment Rule, Federal Student Aid Programs (Student Assist­ance General Provi­sions, Federal Perkins Loan Program, William D. Ford Federal Direct Loan Program, and Federal-Work Study Programs), 85 FR 79856, Dec. 11, 2020 (issued pursu­ant to the COVID-19 national emer­gency declared in Proc. 9994).

U.S. Section Code

22 U.S.C. § 4103

Subject Matter

Pres­id­ent may suspend provi­sions related to labor-manage­ment rela­tions "with respect to any post, bureau, office or activ­ity” of the Depart­ment of State (1980)

Language Dictat­ing When Powers Become Avail­able

“if the Pres­id­ent determ­ines in writ­ing that the suspen­sion is neces­sary in the interest of national secur­ity because of an emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 1580

Subject Matter

Secret­ary of Defense or of milit­ary depart­ment concerned may desig­nate emer­gency-essen­tial employ­ees in the Depart­ment of Defense (1999)

Language Dictat­ing When Powers Become Avail­able

Emer­gency essen­tial employ­ees as regu­larly desig­nated under this stat­ute may have excep­tional rights and respons­ib­il­it­ies "in connec­tion with a war, a national emer­gency declared by Congress or the Pres­id­ent, or the commence­ment of combat oper­a­tions of the armed forces in the zone”

Invoc­a­tions and Deleg­a­tions of Author­ity

A review of citing refer­ences on West­law confirms that Depart­ment of Defense employ­ees are regu­larly desig­nated “emer­gency essen­tial” per the terms of this stat­ute, and subject to the excep­tional rights and require­ments thereof. A compre­hens­ive list­ing of employ­ees desig­nated as such, or of precip­it­at­ing emer­gen­cies neces­sit­at­ing the use of ”emer­gency essen­tial” employ­ees, does not appear to be read­ily avail­able to the public.

U.S. Section Code

10 U.S.C. §§ 12304 (a), (b)

Subject Matter

Pres­id­ent may author­ize the Secret­ary of Defense, or Secret­ary of Home­land Secur­ity with respect to the Coast Guard when it is not oper­at­ing as a service in the Navy, to order any unit and any member to active duty as a unit of the Selec­ted Reserve for up to 365 days without the consent of the members concerned (1976; emer­gency language added in 1998)

Language Dictat­ing When Powers Become Avail­able

“when the Pres­id­ent determ­ines that it is neces­sary to augment the active forces for any named oper­a­tional mission or that it is neces­sary to provide assist­ance” in response to "an emer­gency involving –

(1) a use or threatened use of a weapon of mass destruc­tion; or

(2) a terror­ist attack or threatened terror­ist attack in the United States that results, or could result, in signi­fic­ant loss of life or prop­erty”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

This stat­ute has never been invoked for the purposes of respond­ing to a domestic emer­gency as outlined in § 12304 (b), but the general author­ity of the Pres­id­ent to augment the forces as neces­sary for oper­a­tional missions has been invoked in exec­ut­ive orders seven times since 1990, for the purposes of augment­ing forces in missions on the Arabian Penin­sula; respond­ing to disasters in Haiti; conduct­ing oper­a­tions in and around the former Yugoslavia; assist­ing oper­a­tions in South­w­est Asia; and respond­ing to the Ebola outbreak in West Africa.

U.S. Section Code

38 U.S.C. § 8111A

Subject Matter

Secret­ary of Veter­an’s Affairs may provide hospital care, nurs­ing home care, and medical services to members of the armed forces on active duty (1982)

Language Dictat­ing When Powers Become Avail­able

“During and imme­di­ately follow­ing a period of war, or a period of national emer­gency declared by the Pres­id­ent or the Congress that involves the use of the armed forces in armed conflict” and "during and imme­di­ately follow­ing a disaster or emer­gency [declared by the Pres­id­ent under the Stafford Act, 42 U.S.C. §§ 5121 et seq. or activ­ated by the Secret­ary of Health and Human Services under the Public Health Service Act, 42 U.S.C. § 300hh]”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 12751, Health Care Services for Oper­a­tion Desert Storm, 56 F.R. 6787, Feb. 14, 1991 (provid­ing medical services to members of the Armed Forces on active duty in Oper­a­tion Desert Storm);

The Veter­ans Health Admin­is­tra­tion has been provid­ing health­care to active duty service members pursu­ant to this stat­ute consist­ently since at least 2005: see, e.g. VHA Direct­ive 2005–045, Treat­ment of Active Duty Service Members in VA Health Care Facil­it­ies, 2005 WL 6240720, Oct. 4, 2005;

VHA Direct­ive 2010–051, Treat­ment of Active Duty and Reserve Compon­ent Service­mem­bers in VA Health Care Facil­it­ies, 2010 WL 5676520, Nov. 28, 2010;

 

VHA Direct­ive 1305, Treat­ment of Active Duty and Reserve Compon­ent Service­mem­bers in VA Health Care Facil­it­ies, 2017 WL 1058015, Mar. 10, 2017.

Asset Seizure, Control, and Trans­fer

U.S. Section Code

46 U.S.C. § 70051 (formerly 50 U.S.C. § 191)

Subject Matter

Secret­ary of Trans­port­a­tion may

(1) make, subject to approval of the Pres­id­ent, rules and regu­la­tions govern­ing the anchor­age and move­ment of any vessel, foreign or domestic, in U.S. territ­orial waters;

(2) inspect such vessel at any time;

(3) place guards thereon; and

(4) if neces­sary to secure such vessels from damage or injury, or to prevent damage or injury to any U.S. harbor or waters, or to secure the observ­ance of U.S. rights and oblig­a­tions, take, by and with the consent of the Pres­id­ent, full posses­sion and control of such vessel and remove the officers and crew and all other persons not specially author­ized by the Secret­ary to go or remain on board (1917)

Language Dictat­ing When Powers Become Avail­able

“Whenever the Pres­id­ent by proclam­a­tion or Exec­ut­ive order declares a national emer­gency to exist by reason of actual or threatened war, insur­rec­tion, or inva­sion, or disturb­ance or threatened disturb­ance of the inter­na­tional rela­tions of the United States, or whenever the Attor­ney General determ­ines that an actual or anti­cip­ated mass migra­tion of aliens en route to, or arriv­ing off the coast of, the United States presents urgent circum­stances requir­ing an imme­di­ate Federal response”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O 12513, Prohib­it­ing Trade and Certain Other Trans­ac­tions Involving Nicaragua, 50 FR 18629, May 1, 1985 (invoked in response to the "policies and actions of the Govern­ment of Nicaragua”);

E.O. 13810, Impos­ing Addi­tional Sanc­tions With Respect to North Korea, 82 FR 44705, Sept. 20, 2017 (prohib­it­ing ships that call at a port in North Korea, or engage in a “ship-to-ship trans­fer” with ”such a vessel” from call­ing at a port in the U.S. within 180 days);

This stat­ute has also routinely been invoked with respect to regu­lat­ing anchor­age and move­ment of vessels around Cuba since 1996, when Cuban milit­ary aircraft destroyed U.S. civil­ian aircraft in inter­na­tional airspace. The initial emer­gency declar­a­tion was Proc. No. 6867, Declar­a­tion of a National Emer­gency and Invoc­a­tion of Emer­gency Author­ity Relat­ing to the Regu­la­tion of the Anchor­age and Move­ment of Vessels, 61 F.R. 8843, Mar. 1, 1996. The most recent continu­ation of this emer­gency was Proc. No. 9699, Modi­fy­ing and Continu­ing the National Emer­gency With Respect to Cuba and Continu­ing to Author­ize the Regu­la­tion of the Anchor­age and Move­ment of Vessels, 83 FR 8161, Feb. 22, 2018.

U.S. Section Code

50 U.S.C. § 98f (a)(2)

Subject Matter

Any officer or employee of the United States desig­nated by the Pres­id­ent may order the release of mater­i­als in the stra­tegic raw mater­i­als stock­pile for use, sale, or other dispos­i­tion, if she determ­ines that the release is required for purposes of the national defense (1939)

Language Dictat­ing When Powers Become Avail­able

“in time of war declared by the Congress or during a national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

50 U.S.C. § 4309

Subject Matter

Alien Prop­erty Custodian, or any successor officer, may, upon determ­in­a­tion by the Pres­id­ent that the interest and welfare of the United States require the sale, sell any alien prop­erty or interest in their custody prior to entry of judg­ment in suit concern­ing said prop­erty or interest (1917)

Language Dictat­ing When Powers Become Avail­able

“in time of war or during any national emer­gency declared by the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

 

Func­tions of Alien Prop­erty Custodian under this act were trans­ferred to Attor­ney General by Reorg. Plan No. 1 of 1947, Sec. 101, 12 F.R. 4534, July 1, 1947.

U.S. Section Code

7 U.S.C. § 5712 (c)

Subject Matter

Pres­id­ent can prohibit or limit the export of any agri­cul­tural commod­ity (1990)

Language Dictat­ing When Powers Become Avail­able

“during a period for which the Pres­id­ent has declared a national emer­gency or for which the Congress has declared war”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

35 U.S.C. § 181

Subject Matter

Whenever the public­a­tion or disclos­ure of an inven­tion might be detri­mental to national secur­ity, the Commis­sioner of Patents may order the inven­tion kept secret and the public­a­tion of the applic­a­tion or the grant of a patent with­held for the dura­tion of a national emer­gency plus six-months. Outside of an emer­gency, such orders may only last one year absent an affirm­at­ive determ­in­a­tion that the national interest requires renewal of the order. (1952)

Language Dictat­ing When Powers Become Avail­able

“during a national emer­gency declared by the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

The data­base of orders issued under this stat­ute does not appear to be avail­able on West­law. As of the end of FY 2018, 5,792 secrecy orders were in effect per inform­a­tion released by the Patent and Trade­mark Office. Only 85 of those orders were newly declared in 2018. It is unclear from the avail­able inform­a­tion how many of the other 5,707 secrecy orders remained in place due to national emer­gen­cies, versus being renewed annu­ally as a result of the affirm­at­ive declar­a­tion process.

U.S. Section Code

50 U.S.C. §§ 4531 (a)(2), (d)(1)

Subject Matter

(a)(2) Pres­id­ent may author­ize an agency to guar­an­tee loans by private insti­tu­tions in order to finance products and services essen­tial to the national defense without regard to normal proced­ural and substant­ive require­ments for such loan guar­an­tees;

(d)(1) Federal govern­ment may make a guar­an­tee or oblig­a­tion relat­ing to a domestic indus­trial base short­fall that causes the aggreg­ate outstand­ing amount of all guar­an­tees for that short­fall to exceed $50,000,000 without first noti­fy­ing Congress (1950)

Language Dictat­ing When Powers Become Avail­able

(a)(2) "during a period of national emer­gency declared by Congress or the Pres­id­ent”;

(d)(1)(i) "during a period of national emer­gency declared by Congress or the Pres­id­ent; or

(ii) upon a determ­in­a­tion by the Pres­id­ent, on a nondelegable basis, that a specific guar­an­tee is neces­sary to avert an indus­trial resource or crit­ical tech­no­logy item short­fall that would severely impair national defense capab­il­ity”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

E.O. 13603, National Defense Resources Prepared­ness, 77 FR 16651, Mar. 16, 2012 (Section 305 deleg­ates author­ity under this stat­ute to "the head of each agency engaged in procure­ment for the national defense”).

U.S. Section Code

47 U.S.C. § 606 (c)

Subject Matter

Pres­id­ent may, if she deems it neces­sary in the interest of national secur­ity or defense, suspend or amend regu­la­tions applic­able to stations or devices capable of emit­ting elec­tro­mag­netic radi­ations; direct the clos­ure of any station for radio commu­nic­a­tion, or any device capable of emit­ting elec­tro­mag­netic radi­ations between 10 kilo­cycles and 100,000 mega­cycles that is suit­able for use as a navig­a­tional aid beyond five miles, and the removal there­from of its appar­atus and equip­ment; or author­ize the use or control of any such station or device and/or its appar­atus and equip­ment by any depart­ment of the Govern­ment. The govern­ment shall pay compens­a­tion to the owners (1934; substant­ively amended in 1951)

Language Dictat­ing When Powers Become Avail­able

("Upon proclam­a­tion by the Pres­id­ent that there exists war or a threat of war, or a state of public peril or disaster or other national emer­gency, or in order to preserve the neut­ral­ity of the United States”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 8964, Prescrib­ing Regu­la­tions Govern­ing the Use, Control, and Clos­ing of Radio Stations and the Pref­er­ence or Prior­ity of Commu­nic­a­tions, 6 FR 6367, Dec. 10, 1941 (deleg­at­ing author­ity to the Board of War Commu­nic­a­tions, which exer­cised it through­out World War II);

E.O. 9089, Prescrib­ing Regu­la­tions Govern­ing the Use, Control, and Clos­ing of Stations and Facil­it­ies for Wire Commu­nic­a­tions, 7 FR 1777, Mar. 6, 1942 (updat­ing the grant of author­ity to the Board in light of amend­ments to section 606) (this author­ity was revoked, and the Board of War Commu­nic­a­tions was abol­ished by E.O. 9831, Abol­ish­ing the Board of War Commu­nic­a­tions, 12 FR 1363, Feb. 24, 1947);

This power has been repeatedly deleg­ated to differ­ent agen­cies, includ­ing most recently to the Pres­id­ent’s Crit­ical Infra­struc­ture Protec­tion Board’s Commit­tee for National Secur­ity and Emer­gency Prepared­ness Commu­nic­a­tions by E.O. 13231, Crit­ical Infra­struc­ture Protec­tion in the Inform­a­tion Age, 66 FR 53063, Oct. 16, 2001.

U.S. Section Code

7 U.S.C. § 1332 (c)

Subject Matter

Secret­ary of Agri­cul­ture may increase or termin­ate national market­ing quota for wheat (1938)

Language Dictat­ing When Powers Become Avail­able

“because of a national emer­gency or because of a mater­ial increase in the demand for wheat”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

7 U.S.C. § 1371 (b)

Subject Matter

Secret­ary of Agri­cul­ture may increase or termin­ate national market­ing quota or acre­age allot­ment for cotton and rice (1938)

Language Dictat­ing When Powers Become Avail­able

“because of a national emer­gency or because of a mater­ial increase in export demand”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

7 U.S.C. § 1743 (a)(6)

Subject Matter

Pres­id­ent may direct the dona­tion, sale, or other dispos­i­tion of agri­cul­tural commod­ity set-aside (1954)

Language Dictat­ing When Powers Become Avail­able

“for disaster relief purposes in the United States or to meet any national emer­gency declared by the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

7 U.S.C. § 624 (b)

Subject Matter

Pres­id­ent may take imme­di­ate action to impose fees and limit­a­tions on the import­a­tion of certain agri­cul­tural products without await­ing recom­mend­a­tions from the Inter­na­tional Trade Commis­sion (1953)

Language Dictat­ing When Powers Become Avail­able

“In any case where the Secret­ary of Agri­cul­ture determ­ines and reports to the Pres­id­ent with regard to any article or articles that a condi­tion exists requir­ing emer­gency treat­ment”

Invoc­a­tions and Deleg­a­tions of Author­ity

Proc. 4423, Import Limit­a­tion on Dry Milk Mixtures, 41 FR 12875, Mar. 26, 1976 (issued after "The Secret­ary of Agri­cul­ture […] determ­ined and repor­ted […] with regard to such dry milk mixtures that a condi­tion exists which requires emer­gency treat­ment and that the import restric­tions here­in­after proclaimed should be imposed imme­di­ately without await­ing the recom­mend­a­tions of the United States Inter­na­tional Trade Commis­sion.”);

Proc. 4538, Import Fees on Sugar, Sirups, and Molasses, Nov. 11, 1977 (issued after "The Secret­ary of Agri­cul­ture … determ­ined … that a condi­tion exists which requires emer­gency treat­ment” with regard to the import­a­tion of sugars, syrups, and molasses);

Proc. 4547, Import Fees on Sugar, Sirups, and Molasses, 91 Stat. 1775, Jan. 20, 1978 (issued after "The Secret­ary of Agri­cul­ture has […] informed me that the fees estab­lished by [Proc. No. 4538] are insuf­fi­cient [….] and has reaf­firmed his determ­in­a­tion that the condi­tion requires emer­gency treat­ment.”);

Proc. 4807, Modi­fic­a­tion of Import Controls on Peanuts, Dec. 4, 1980 (issued by Reuben Askew, U.S. Trade Repres­ent­at­ive, on behalf of Pres­id­ent Carter – who deleg­ated this author­ity with respect to peanuts – after "The Secret­ary of Agri­cul­ture has … determ­ined and repor­ted to me that a condi­tion exists with respect to peanuts which requires emer­gency treat­ment…”)

U.S. Section Code

46 U.S.C. § 56301

Subject Matter

Secret­ary of Trans­port­a­tion may requis­i­tion, purchase, or charter the use of a vessel owned by U.S. citizens, docu­mented under U.S. law, or under construc­tion in the U.S. (1936)

Language Dictat­ing When Powers Become Avail­able

“During a national emer­gency declared by Pres­id­en­tial proclam­a­tion, or a period for which the Pres­id­ent has proclaimed that the secur­ity of the national defense makes it advis­able”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 9054, Estab­lish­ing a War Ship­ping Admin­is­tra­tion In The Exec­ut­ive Office of the Pres­id­ent and Defin­ing its Func­tions and Duties, 7 FR 837, Feb. 7, 1942 (invoked as § 902 of the Merchant Marine Act of 1936, now codi­fied at 46 U.S.C. § 56301, and deleg­ated to and exer­cised extens­ively by the War Ship­ping Admin­is­tra­tion during World War II).

U.S. Section Code

46 U.S.C. § 56309

Subject Matter

Secret­ary of Trans­port­a­tion may purchase, requis­i­tion, charter, take over the title of, or take over posses­sion of any merchant vessel not owned by U.S. citizens but lying idle in U.S. waters. The govern­ment shall pay just compens­a­tion to the owners. (1941)

Language Dictat­ing When Powers Become Avail­able

“During any period in which vessels may be requisi­tioned under this chapter

46 U.S.C. § 56301 defines this period as: "a national emer­gency declared by Pres­id­en­tial proclam­a­tion, or a period for which the Pres­id­ent has proclaimed that the secur­ity of the national defense makes it advis­able”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 8771, Author­iz­ing the United States Mari­time Commis­sion to Take Over Certain Foreign Merchant Vessels, 6 FR 2759, June 6, 1941 (author­iz­ing use of Pub. L. 77–101, a prede­cessor of 46 U.S.C. § 56309, by the United States Mari­time Commis­sion);

E.O. 9054, Estab­lish­ing a War Ship­ping Admin­is­tra­tion in the Exec­ut­ive Office of the Pres­id­ent and Defin­ing its Func­tions and Duties, 7 FR 837, Feb. 7, 1942 (trans­fer­ring the func­tions assigned in E.O. 8771 to the War Ship­ping Admin­is­tra­tion).

U.S. Section Code

46 U.S.C. § 57521

Subject Matter

Secret­ary of Trans­port­a­tion may termin­ate charter of govern­ment-owned merchant vessel without cost to the govern­ment (1936)

Language Dictat­ing When Powers Become Avail­able

“during a national emer­gency proclaimed by the Pres­id­ent or a period for which the Pres­id­ent has proclaimed that the secur­ity of the national defense makes it advis­able”

Invoc­a­tions and Deleg­a­tions of Author­ity

E.O. 9054, Estab­lish­ing a War Ship­ping Admin­is­tra­tion in the Exec­ut­ive Office of the Pres­id­ent and Defin­ing its Func­tions and Duties, 7 FR 837, Feb. 7, 1942 (invoked author­ity under § 712 of the Merchant Marine Act of 1936, now codi­fied at 46 U.S.C. § 57521, and deleg­ated that author­ity to the War Ship­ping Admin­is­tra­tion during World War II).

U.S. Section Code

10 U.S.C. § 2208 (l)(2)

Subject Matter

Secret­ary of Defense may waive require­ment to notify Congress of advance billing of customer of work­ing capital fund (1997)

Language Dictat­ing When Powers Become Avail­able

“during a period of war or national emer­gency; or to the extent that the Secret­ary determ­ines neces­sary to support a contin­gency oper­a­tion”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 2350j (e)(3)(A)

Subject Matter

Secret­ary of Defense, or secret­ary of a milit­ary depart­ment author­ized by Secret­ary of Defense, may carry out milit­ary construc­tion project using funds contrib­uted from NATO and other coun­tries without a full report to Congress and wait­ing period (1999)

Language Dictat­ing When Powers Become Avail­able

“if the project is neces­sary to support the armed forces in the coun­try or region in which the project is carried out by reason of a declar­a­tion of war, or a declar­a­tion by the Pres­id­ent of a national emer­gency pursu­ant to the National Emer­gen­cies Act (50 U.S.C. 1601 et seq.), that is in force at the time of the commence­ment of the project”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 2662 (f)

Subject Matter

Secret­ary of milit­ary depart­ment concerned, or Secret­ary of Defense with respect to Depart­ment of Defense trans­ac­tions, may waive advance report­ing require­ments for real prop­erty trans­ac­tions (1992)

Language Dictat­ing When Powers Become Avail­able

“if the Secret­ary concerned determ­ines that the trans­ac­tion is made as a result of any of the follow­ing:

(A) A declar­a­tion of war

(B) A declar­a­tion of a national emer­gency by the Pres­id­ent pursu­ant to the National Emer­gen­cies Act (50 U.S.C. §§ 1601 et seq.)

(C) A declar­a­tion of an emer­gency or major disaster pursu­ant to the Robert T. Stafford Disaster Relief and Emer­gency Assist­ance Act (42 U.S.C. §§ 5121 et seq.)

(D) The use of the mili­tia or the armed forces after a proclam­a­tion to disperse under section 334 of this title.

(E) A contin­gency oper­a­tion OR "if the Secret­ary determ­ines that an event [as described above] is immin­ent; and the trans­ac­tion is neces­sary for purposes of prepar­a­tion for such event”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

33 U.S.C. § 2293

Subject Matter

Secret­ary of the Army may termin­ate or defer any Army civil works project and apply the resources, includ­ing funds, person­nel, and equip­ment, of the Army’s civil works program to author­ized civil works, milit­ary construc­tion, and civil defense projects that are essen­tial to the national defense, without regard to any other provi­sion of law (1986)

Language Dictat­ing When Powers Become Avail­able

“In the event of a declar­a­tion of war or a declar­a­tion by the Pres­id­ent of a national emer­gency in accord­ance with the National Emer­gen­cies Act [50 U.S.C. §§ 1601 et seq.] that requires or may require use of the Armed Forces”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

42 U.S.C. § 2138

Subject Matter

Atomic Energy Commis­sion may suspend atomic energy licenses if neces­sary to the common defense and secur­ity (1946)

Language Dictat­ing When Powers Become Avail­able

“Whenever the Congress declares that a state of war or national emer­gency exists”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

Note: The Atomic Energy Commis­sion was abol­ished in 1974. Author­ity under 42 U.S.C. § 2138 was trans­ferred to the Nuclear Regu­lat­ory Commis­sion. Pub. L. 93–438, Title II, 88 Stat. 1244, Oct. 11, 1974, § 202.

U.S. Section Code

46 U.S.C. § 7507

Subject Matter

(a) Secret­ary of the depart­ment in which the Coast Guard is oper­at­ing may extend an expir­ing license or certi­fic­ate of registry for one year;

(b) Secret­ary of the depart­ment in which the Coast Guard is oper­at­ing may extend an expir­ing merchant mariner’s docu­ment for one year (2010)

Language Dictat­ing When Powers Become Avail­able

(a) "if the Secret­ary determ­ines that the exten­sion is required to enable the Coast Guard to elim­in­ate a back­log in processing applic­a­tions for those licenses or certi­fic­ates of registry or in response to a national emer­gency or natural disaster”;

(b) "if the Secret­ary determ­ines that the exten­sion is required to enable the Coast Guard to elim­in­ate a back­log in processing applic­a­tions for those licenses or certi­fic­ates of registry or in response to a national emer­gency or natural disaster”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

46 U.S.C. § 53107

Subject Matter

Owners or oper­at­ors of vessels in the Mari­time Secur­ity Fleet must enter into Emer­gency Prepared­ness Agree­ments with the Secret­ary of Trans­port­a­tion, in which they agree to make commer­cial trans­port­a­tion resources (includ­ing services) avail­able (2003)

Language Dictat­ing When Powers Become Avail­able

“upon request by the Secret­ary of Defense during a time of war or national emer­gency, or whenever the Secret­ary of Defense determ­ines that it is neces­sary for national secur­ity or contin­gency oper­a­tion (as that term is defined in section 101 of title 10, United States Code)”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

Due to the nature of this stat­ute (a contract provi­sion), West­law would likely only contain cita­tions to legal chal­lenges to the stat­ute, not to every instance in which it has been invoked.

U.S. Section Code

47 U.S.C. § 308

Subject Matter

Federal Commu­nic­a­tions Commis­sion (FCC) may grant tempor­ary broad­cast station licenses and construc­tion permits, or tempor­ary modi­fic­a­tions and renew­als thereof, without the filing of a formal applic­a­tion (1952)

Language Dictat­ing When Powers Become Avail­able

“(1) in cases of emer­gency found by the Commis­sion involving danger to life or prop­erty or due to damage to equip­ment, or

(2) during a national emer­gency proclaimed by the Pres­id­ent or declared by the Congress and during the continu­ance of any war in which the United States is engaged and when such action is neces­sary for the national defense or secur­ity or other­wise in further­ance of the war effort, or

(3) in cases of emer­gency where the Commis­sion finds, in the non-broad­cast services, that it would not be feas­ible to secure renewal applic­a­tions from exist­ing licensees or other­wise follow normal licens­ing proced­ure”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

42 U.S.C. § 8374

Subject Matter

Pres­id­ent may alloc­ate coal and require the trans­port­a­tion thereof for the use of any elec­tric power plant or major fuel-burn­ing install­a­tion; and may stay the applic­a­tion of any provi­sion or rule pertain­ing to elec­tric power plants for up to 90 days or for the dura­tion of the emer­gency, whichever is shorter (1978)

Language Dictat­ing When Powers Become Avail­able

“(1) If the Pres­id­ent—

(A) declares a severe energy supply inter­rup­tion, as defined in section 6202(8) of this title, or

(B) finds, and publishes such find­ing, that a national or regional fuel supply short­age exists or may exist which the Pres­id­ent determ­ines—

(i) is, or is likely to be, of signi­fic­ant scope and dura­tion, and of an emer­gency nature;

(ii) causes, or may cause, major adverse impact on public health, safety, or welfare or on the economy; and

(iii) results, or is likely to result, from an inter­rup­tion in the supply of coal or from sabot­age, or an act of God”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

31 U.S.C. § 3727 (d)

Subject Matter

Depart­ment of Defense, General Services Admin­is­tra­tion, Depart­ment of Energy (when carry­ing out duties and powers formerly carried out by the Atomic Energy Commis­sion), or other agency the Pres­id­ent desig­nates may make contracts that provide, or modify contracts to provide, that a future payment under the contract to an assignee is not subject to reduc­tion or setoff (1982)

Language Dictat­ing When Powers Become Avail­able

“During a war or national emer­gency proclaimed by the Pres­id­ent or declared by law and ended by proclam­a­tion or law”

Invoc­a­tions and Deleg­a­tions of Author­ity

A review of citing refer­ences on West­law suggests that the substance of this stat­ute may be regu­larly incor­por­ated into stand­ard govern­ment contracts, but records regard­ing when it’s been used effect­ively to modify terms of those contracts are unclear. See, e.g., Reli­ance Ins. Co. v. United States, 15 Cl. Ct. 62 (June 2, 1988) (No. 379–86C).

U.S. Section Code

7 U.S.C. §§ 1427a (c), (d)

Subject Matter

(c) Secret­ary of Agri­cul­ture may sell or other­wise dispose of agri­cul­tural reserve;

(d) Secret­ary of Agri­cul­ture may dispose of agri­cul­tural reserve (1973)

Language Dictat­ing When Powers Become Avail­able

(c) “when a state of emer­gency has been proclaimed by the Pres­id­ent or by concur­rent resol­u­tion of Congress declar­ing that such reserves should be disposed of,”;

(d)

“(1) for use in reliev­ing distress

(A) in any State, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands of the United States;

(B) in connec­tion with any major disaster or emer­gency determ­ined by the Pres­id­ent to warrant assist­ance by the Federal Govern­ment under the Disaster Relief and Emer­gency Assist­ance Act (88 Stat. 143, as amended; 42 U.S.C. 5121); and

(C) in connec­tion with any emer­gency determ­ined by the Secret­ary to warrant assist­ance under section 1427 of this title, the Act of Septem­ber 21, 1959 (73 Stat. 574, as amended; 7 U.S.C. 1427 noted), or section 2267 of this title; or

(2) use in connec­tion with a state of civil defense emer­gency as proclaimed by the Pres­id­ent or by the concur­rent resol­u­tion of the Congress in accord­ance with title VI of The Robert T. Stafford Disaster Relief and Emer­gency Assist­ance Act [42 U.S.C. 5195 et seq.]”

Invoc­a­tions and Deleg­a­tions of Author­ity

Proc. 6907, Declar­a­tion of a State of Emer­gency and Release of Feed Grain From the Disaster Reserve, 61 FR 35083, July 1, 1996 (invoked in response to a long drought in the South­w­est).

U.S. Section Code

42 U.S.C. § 5177a

Subject Matter

Secret­ary of Agri­cul­ture may make grants to public agen­cies or private organ­iz­a­tions with 501(c)(3) status that have exper­i­ence in provid­ing emer­gency services to low-income migrant and seasonal farm­work­ers (1990)

Language Dictat­ing When Powers Become Avail­able

“where the Secret­ary [of Agri­cul­ture] determ­ines that a local, State, or national emer­gency or disaster has caused low-income migrant or seasonal farm­work­ers to lose income, to be unable to work, or to stay home or return home in anti­cip­a­tion of work short­ages”

Invoc­a­tions and Deleg­a­tions of Author­ity

A review of citing refer­ences on West­law suggests that this provi­sion has been used to issue grants at least as recently as 2008, when the Depart­ment of Agri­cul­ture issued a Request for Propos­als: The National Emer­gency or Disaster Grants to Assist Low-Income Migrant and Seasonal Farm­work­ers, 73 FR 6467–01, Feb. 4, 2008. The language of the Request msod­oes not indic­ate where a complete account­ing of grants issued under this stat­ute would be published, however.

U.S. Section Code

46 U.S.C. § 56102

Subject Matter

A person may not, without the permis­sion of the Secret­ary of Trans­port­a­tion, place a vessel owned in whole or in part by a U.S. citizen or corpor­a­tion under foreign registry; sell or other­wise trans­fer to a non-citizen a vessel owned in whole or in part by a U.S. citizen, a vessel docu­mented under the laws of the U.S., or a facil­ity for build­ing or repair­ing vessels; issue, assign, or trans­fer to a non-citizen an instru­ment of indebted­ness secured by a mort­gage of a vessel to a trustee; construct or agree to construct a vessel in the U.S. for a non-citizen; allow a non-citizen to obtain a controlling interest in a U.S. corpor­a­tion that owns a vessel or a facil­ity for build­ing or repair­ing vessels; or cause a vessel built in the U.S. to leave before it is docu­mented under the laws of the U.S. (2006)

Language Dictat­ing When Powers Become Avail­able

“During war, or a national emer­gency declared by Pres­id­en­tial proclam­a­tion”

Invoc­a­tions and Deleg­a­tions of Author­ity

A prior, similar, version of this stat­ute, origin­ally enacted Sept. 7, 1916, ch. 451, § 37, formed the stat­utory basis for Proc. 1354, Emer­gency in Water Trans­port­a­tion of the United States, Feb. 5, 1917 (declar­ing a national emer­gency due to the “insuf­fi­ciency of mari­time tonnage to carry the products of the farms, forests, mines and manu­fac­tur­ing indus­tries of the United States, to their consumers abroad and within the United States,” and prohib­it­ing the sale or trans­fer of ships registered and licensed in the U.S. to ”any person not a citizen” or to any "foreign registry or flag.”).

A previ­ous codi­fic­a­tion at 46 USCA § 835 was also cited in multiple cases void­ing trans­fers/sales in 1965. See, e.g. Chem­ical Bank New York Trust Co. v. S.S. West­hamp­ton, C.A.4 (Md.), 358 F.2d 574 (1965), cert. denied, 87 S. Ct. 228;

Chem­ical Bank New York Trust Co. v. S.S. West­hamp­ton, D.C. Md. 268 F. Supp. 169 (1967); United States v. Vessel FL 4127 SE, S.D. Fla. 1970, 311 F. Supp. 1353 (1970).

Crim­inal Prosec­u­tion and Detain­ment Powers

U.S. Section Code

18 U.S.C. § 793

Subject Matter

Crim­inal provi­sion of the Espi­on­age Act extends to prohib­ited places desig­nated by the Pres­id­ent where anything for the use of the Army, Navy, or Air Force is being prepared or construc­ted or stored (1917)

Language Dictat­ing When Powers Become Avail­able

“in time of war or in case of national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

Although there have been multiple prosec­u­tions under this stat­ute, we were not able to identify any instances in which prosec­u­tion was due specific­ally to the desig­na­tion of addi­tional prohib­ited places under the emer­gency provi­sions of the stat­ute.

U.S. Section Code

18 U.S.C. § 2153

Subject Matter

Injur­ing, inter­fer­ing with, or obstruct­ing the prepar­a­tion for, or carry­ing out of, war or defense activ­it­ies of the United States or asso­ci­ated coun­tries, with the intent to do so or reason to believe the actions will do so, punish­able with fine or impris­on­ment up to 30 years (1948)

Language Dictat­ing When Powers Become Avail­able

“when the United States is at war, or in times of national emer­gency as declared by the Pres­id­ent or by the Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

Used to prosec­ute several Viet­nam War protest­ors and anti-nuclear-weapons protest­ors in the 1960s.

U.S. Section Code

18 U.S.C. § 2154

Subject Matter

Will­ful manu­fac­ture of defect­ive war mater­ial with intent to, or reason to believe it will, injure, inter­fere with, or obstruct the United States or asso­ci­ated coun­tries’ prepar­a­tion or carry­ing out of war or defense activ­it­ies, punish­able with fine or impris­on­ment up to 30 years (1954)

Language Dictat­ing When Powers Become Avail­able

“when the United States is at war, or in times of national emer­gency as declared by the Pres­id­ent or by the Congress”

Invoc­a­tions and Deleg­a­tions of Author­ity

Used to prosec­ute some manu­fac­tur­ers of war mater­i­als during and after World War II.

Inter­na­tional Rela­tions

U.S. Section Code

19 U.S.C. § 1318

Subject Matter

(a) Pres­id­ent may author­ize the Secret­ary of the Treas­ury to permit duty-free import­a­tion of supplies needed for use in emer­gency relief work;

(b) Secret­ary of the Treas­ury may elim­in­ate, consol­id­ate, or relo­cate any office or port of entry of the Customs Service; modify hours of service, alter services rendered at any loca­tion, or reduce the number of employ­ees at any loca­tion; or take any other action that may be neces­sary to respond directly to the national emer­gency or specific threat (1930)

Language Dictat­ing When Powers Become Avail­able

(a) “Whenever the Pres­id­ent shall by proclam­a­tion declare an emer­gency to exist by reason of a state of war, or other­wise”;”

(b) “When neces­sary to respond to a national emer­gency declared under the National Emer­gen­cies Act or to a specific threat to human life or national interests”

Invoc­a­tions and Deleg­a­tions of Author­ity

Proc. No. 2545, Free Import­a­tion of Jerked Beef, 56 Stat. 1945, Apr. 1, 1942 (invoked to allow the duty-free import­a­tion of jerked beef to Puerto Rico, as a substi­tute for a basic staple food [codfish] that was in short supply due to the war);

Proc. No. 2948, Merchand­ise in General-Order and Bonded Ware­houses, 16 FR 10589, Oct. 12, 1951 (invoked in response to national emer­gency declared Dec. 16, 1950, in wake of Chinese inter­ven­tion in Korean War);

Proc. No. 4074, Impos­i­tion of Supple­mental Duty for Balance of Payments Purposes, 85 Stat. 926, Aug, 15, 1971 (invoked because "there has been a prolonged decline in inter­na­tional monet­ary reserves of the United States, and our trade and inter­na­tional compet­it­ive posi­tion is seri­ously threatened”);

This stat­ute was also cited by the Customs and Border Protec­tion divi­sion of the Depart­ment of Home­land Secur­ity as the legal frame­work that enabled the distri­bu­tion of coun­ter­feit goods to Katrina victims in 2006, on the basis of the national emer­gency as declared in Proc. 7924, To Suspend Subchapter IV of Chapter 31 of Title 40, United States Code, Within a Limited Geographic Area in response to the National Emer­gency Caused by Hurricane Katrina, 70 FR 54225, Sept. 8, 2005. See Kristina Rae Montanaro, "‘Shel­ter Chic’: Can the U.S. Make it Work?”, Vander­bilt Law Journal 42 (2009):1663, 1695 (analyz­ing the legal and policy implic­a­tions of this invoc­a­tion).

E.O. 13916, National Emer­gency Author­ity to Tempor­ar­ily Extend Dead­lines for Certain Estim­ated Payments, 85 FR 22951, Apr. 18, 2020 (invoked in response to the finan­cial hard­ship caused by the novel coronavirus). The stat­ute was addi­tion­ally invoked by the Depart­ment of Home­land Secur­ity in 2020 to limit travel at the land ports of entry between the United States and Canada, as well as between the United States and Mexico, in response to the spread of the novel coronavirus. The invoc­a­tions drew their author­ity from the national emer­gency as declared in Proc. 9994, Declar­ing a National Emer­gency Concern­ing the Novel Coronavirus Disease (COVID-19) Outbreak, 85 FR 15337, Mar. 13, 2020, but no exec­ut­ive order invok­ing this power was issued.

Proc. No. 10414, Declar­a­tion of Emer­gency and Author­iz­a­tion for Tempor­ary Exten­sions of Time and Duty-Free Import­a­tion of Solar Cells and Modules From South­east Asia, 87 FR 35067, Jun. 6, 2022 (invok­ing section 1318(a) author­ity without declar­ing a national emer­gency under the National Emer­gen­cies Act).

U.S. Section Code

14 U.S.C. § 2314(3) (formerly 14 U.S.C. § 367(3))

Subject Matter

Coast Guard member may be detained in service beyond the term of his or her enlist­ment, in the interest of national defense, for a period not to exceed six months after the end of the war or the termin­a­tion of the emer­gency (1949)

Language Dictat­ing When Powers Become Avail­able

“during a period of war or national emer­gency as proclaimed by the Pres­id­ent”

Invoc­a­tions and Deleg­a­tions of Author­ity

Proc. 7463, Declar­a­tion of National Emer­gency By Reason of Certain Terror­ist Attacks, 66 FR 48199, Sept. 14, 2001 (invoked in response to the events of 9/11/2001);

E.O. 13223, Order­ing the Ready Reserve of the Armed Forces to Active Duty and Deleg­at­ing Certain Author­it­ies to the Secret­ary of Defense and the Secret­ary of Trans­port­a­tion, 66 FR 48201, Sept. 14, 2001 (invoked in response to the events of 9/11/2001 and deleg­ated to the Secret­ary of Trans­port­a­tion when the Coast Guard is not serving as part of the Navy) (later amended to deleg­ate such author­ity to Secret­ary of Home­land Secur­ity instead of Secret­ary of Trans­port­a­tion).

E.O. 13912, National Emer­gency Author­ity to Order the Selec­ted Reserve and Certain Members of the Indi­vidual Ready Reserve of the Armed Forces to Active Duty, 85 FR 18407, Mar. 27, 2020 (invoked in response to the spread of the novel coronavirus).

U.S. Section Code

10 U.S.C. § 712 (a)(3)

Subject Matter

Pres­id­ent may detail members of the armed forces to assist any coun­try that he considers it advis­able to assist in the interest of national defense (1956)

Language Dictat­ing When Powers Become Avail­able

“Upon the applic­a­tion of the coun­try concerned, whenever [the Pres­id­ent] considers it in the public interest…­dur­ing a war or a declared national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

10 U.S.C. § 123b

Subject Matter

Pres­id­ent may waive stat­utory restric­tions on using Depart­ment of Defense fund­ing to support more than 203,000 members of the armed forces assigned to perman­ent duty ashore in nations outside the United States (1994)

Language Dictat­ing When Powers Become Avail­able

“in the event of a declar­a­tion of war or an armed attack on any [ally]” or "if the Pres­id­ent declares an emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

**Zero citing refer­ences on West­law**

U.S. Section Code

46 U.S.C. § 8103 (h)(1)

Subject Matter

Pres­id­ent may suspend citizen­ship and nation­al­ity require­ments for officers and seamen on docu­mented U.S. vessels (1983)

Language Dictat­ing When Powers Become Avail­able

“during a proclaimed national emer­gency”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

42 U.S.C. § 6212a (d)(1)(A)

Subject Matter

Pres­id­ent may impose export licens­ing require­ments or other restric­tions on the export of crude oil from the United States for up to 1 year (2015)

Language Dictat­ing When Powers Become Avail­able

If “(A) the Pres­id­ent declares a national emer­gency and form­ally notices the declar­a­tion of a national emer­gency in the Federal Register;

(B) the export licens­ing require­ments or other restric­tions on the export of crude oil from the United States under this subsec­tion apply to 1 or more coun­tries, persons, or organ­iz­a­tions in the context of sanc­tions or trade restric­tions imposed by the United States for reas­ons of national secur­ity by the Exec­ut­ive author­ity of the Pres­id­ent or by Congress; or

(C) the Secret­ary of Commerce, in consulta­tion with the Secret­ary of Energy, finds and reports to the Pres­id­ent that—

(i) the export of crude oil pursu­ant to this Act has caused sustained mater­ial oil supply short­ages or sustained oil prices signi­fic­antly above world market levels that are directly attrib­ut­able to the export of crude oil produced in the United States; and

(ii) those supply short­ages or price increases have caused or are likely to cause sustained mater­ial adverse employ­ment effects in the United States”

Invoc­a­tions and Deleg­a­tions of Author­ity

*No relev­ant citing refer­ences on West­law*

U.S. Section Code

50 U.S.C. §§ 1701–1707

Subject Matter

Known as the Inter­na­tional Emer­gency Economic Powers Act (IEEPA), these stat­utes confer broad author­ity to regu­late finan­cial and other commer­cial trans­ac­tions involving desig­nated entit­ies, includ­ing the power to impose sanc­tions on indi­vidu­als and coun­tries (1977)

Language Dictat­ing When Powers Become Avail­able

to deal with any unusual and extraordin­ary threat, which has its source in whole or substan­tial part outside the United States” and "with respect to which a national emer­gency has been declared for purposes of this chapter and may not be exer­cised for any other purpose. Any exer­cise of such author­it­ies to deal with any new threat shall be based on a new declar­a­tion of national emer­gency which must be with respect to such threat”

Invoc­a­tions and Deleg­a­tions of Author­ity

These powers are exclus­ively invoked in tandem with the National Emer­gen­cies Act and have been invoked in 55 separ­ate emer­gency declar­a­tions since 1978. On aver­age, IEEPA declar­a­tions are renewed annu­ally for about 9 years. For a recent example of an invoc­a­tion of the Inter­na­tional Emer­gency Economic Powers Act, see E.O. 13848, Impos­ing Certain Sanc­tions in the Event of Foreign Inter­fer­ence in a United States Elec­tion, 83 FR 46843, Sept. 12, 2018. For a compre­hens­ive list of initial emer­gency declar­a­tions invok­ing IEEPA powers, see here.