PRIA, Government Policy, Made Personal

Summary

Emergency powers because of any national emergency declared before September 14, 1976 end two years after that date, but this does not affect legal cases, actions, rights, duties, or penalties that began before September 14, 1976. "Any national emergency in effect" means a general emergency declared by the President.

Title 50, §1601

War and National Defense, Source: USLM XML via OLRC

(a)All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect—

(1)any action taken or proceeding pending not finally concluded or determined on such date;

(2)any action or proceeding based on any act committed prior to such date; or

(3)any rights or duties that matured or penalties that were incurred prior to such date.

(b)For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 94–412, § 1, Sept. 14, 1976, 90 Stat. 1255, provided: “That this Act [enacting this chapter, amending section 1481 of Title 8, Aliens and Nationality, and section 2667 of Title 10, Armed Forces, repealing section 249 of Title 12, Banks and Banking, section 831d of Title 16, Conservation, section 1383 of Title 18, Crimes and Criminal Procedure, section 211b of Title 42, The Public Health and Welfare, and section 1742 of the former Appendix to this title, and enacting provisions set out below] may be cited as the ‘National Emergencies Act’.”

Savings Provision

Pub. L. 94–412, title V, § 501(h), Sept. 14, 1976, 90 Stat. 1258, provided that: “This section [amending section 1481 of Title 8, Aliens and Nationality and section 2667 of Title 10, Armed Forces, and repealing section 249 of Title 12, Banks and Banking, section 831d of Title 16, Conservation, section 1383 of Title 18, Crimes and Criminal Procedure, and section 211b of Title 42, The Public Health and Welfare] shall not affect— “(1) any action taken or proceeding pending not finally concluded or determined at the time of repeal; “(2) any action or proceeding based on any act committed prior to repeal; or “(3) any rights or duties that matured or penalties that were incurred prior to repeal.”

§1601 Termination of Existing Declared Emergencies