Title 50, War and National DefenseRelease 119-102
§1631 Declaration of National Emergency by Executive Order; Authority; Publication in Federal Register; Transmittal to Congress
Title 50 › CHAPTER 34 — NATIONAL EMERGENCIES › SUBCHAPTER III — EXERCISE OF EMERGENCY POWERS AND AUTHORITIES › § 1631
Summary
When the President declares a national emergency, no emergency powers given by law may be used unless the President first names which laws allow those powers and who will use them. The President can do that in the emergency declaration or in one or more Executive orders that are published in the Federal Register and sent to Congress at the same time or later.
Full Legal Text
Title 50, §1631
War and National Defense, Source: USLM XML via OLRC
When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress.
Legislative History
Notes & Related Subsidiaries
Executive Documents
Release of American Hostages in IranFor provisions relating to the release of the American hostages in Iran, see Ex. Ord. Nos. 12276 to 12285, Jan. 19, 1981, 46 F.R. 7913 to 7932, listed in a table under section 1701 of this title.
Reference
Citations & Metadata
Citation
50 U.S.C. § 1631
Title 50, War and National Defense
Last Updated
Aug 21, 2026
Release point: 119-102