National Emergencies Act
PL 94-412 (H.R.3884), enacted 09/14/1976

PUBLIC LAW 94-412—SEPT. 14, 1976 
90 STAT. 1255 
Public Law 94-412 
94th Congress 
An Act 
To terminate certain authorities with respect to national emergencies still in 
effect, and to provide for orderly implementation and termination of future 
national emergencies. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Xational Emergencies Act". 
TITLE I—TERMINATING EXISTING DECLARED 
EMERGENCIES 
Sept. 14, 1976 
[H.R. 3884] 
National 
Emergencies Act. 
50 u s e 1601 
note. 
50 u s e 1601. 
SEC. 101. (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, United States 
Code, as a result of the existence of any declaration of national emer-
gency in effect on the date of enactment of this Act are terminated two 
years from the date of such enactment. Such termination shall not 
affect— 
(1) any action taken or proceeding pending not finally con-
cluded 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 emer- "Any national 
gency in effect" means a general declaration of emergency made by 
the President. 
emergency m 
effect." 
TITLE II—DECLARATIONS OF FUTURE NATIONAL 
EMERGENCIES 
SEC. 201. (a) 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. Such proclamation shall immediately be trans-
mitted to the Congress and published in the Federal Register. 
(b) Any provisions of law conferring powers and authorities to be 
exercised during a national emergency shall be effective and remain 
in effect (1) only when the President (in accordance with subsection 
(a) of this section), specifically declares a national emergency, and 
(2) only in accordance with this Act. No law enacted after the date 
of enactment of this Act shall supersede this title unless it does so in 
specific terms, referring to this title, and declaring that the new law 
supersedes the provisions of this title. 
SEC. 202. (a) Any national emergency declared by the President 
in accordance with this title shall terminate if— 
(1) Congress terminates the emergency by concurrent resolu-
tion ; or 
(2) the President issues a proclamation terminating the 
emergency. 
50 US(, 1621. 
Presidential 
proclamation, 
transmittal to 
eongress; 
publication in 
Federal Register. 
Termination. 
50 u s e 1622. 
90 STAT. 1256 
PUBLIC LAW 94-412—SEPT. 14, 1976 
Concurrent 
resolution, 
referral to 
congressional 
committees. 
Termination date. Any national emergency declared by the President shall be terminated 
on the date specified in any concurrent resolution referred to in clause 
(1) or on the date specified in a proclamation by the President termi-
nating the emergency as provided in clause (2) of this subsection, 
whichever date is earlier, and any powers or authorities exercised by 
reason of said emergency shall cease to be exercised after such specified 
date, except that such termination shall not affect— 
(A) any action taken or proceeding pending not finally con-
cluded or determined on such date; 
. 
(B) any action or proceeding based on any act committed prior 
to such date; or 
(C) any rights or duties that matured or penalties that were 
incurred prior to such date. 
(b) Not later than six months after a national emergency is 
declared, and not later than the end of each six-month period there-
after that such emergency continues, each House of Congress shall 
meet to consider a vote on a concurrent resolution to determine 
whether that emergency shall be terminated. 
(c) (1) A concurrent resolution to terminate a national emergency 
declared by the President shall be referred to the appropriate com-
mittee of the House of Representatives or the Senate, as the case may 
be. One such concurrent resolution shall be reported out by such com-
mittee together with its recommendations within fifteen calendar days 
after the day on which such resolution is referred to such committee, 
unless such House shall otherwise determine by the yeas and nays. 
(2) Any concurrent resolution so reported shall become the pend-
ing business of the House in question (in the case of the Senate the 
time for debate shall be equally divided between the proponents and 
the opponents) and shall be voted on within three calendar days after 
the day on which such resolution is reported, unless such House shall 
otherwise determine by yeas and nays. 
(3) Such a concurrent resolution passed by one House shall be 
referred to the appropriate committee of the other House and shall be 
reported out by such committee together with its recommendations 
within fifteen calendar days after the day on which such resolution is 
referred to such committee and shall thereupon become the pending 
business of such House and shall be voted upon within three calendar 
days after the day on which such resolution is reported, unless such 
House shall otherwise determine by yeas and nays. 
Conference 
(4) In the case of any disagreement between the two Houses of 
committee, filing 
Congress with respect to a concurrent resolution passed by both Houses, 
of report. 
conferees shall be promptly appointed and the committee of conference 
shall make and file a report with respect to such concurrent resolution 
within six calendar days after the day on which managers on the part 
of the Senate and the House have been appointed. Notwithstanding 
any rule in either House concerning the printing of conference reports 
or concerning any delay in the consideration of such reports, such 
report shall be acted on by both Houses not later than six calendar 
days after the conference report is filed in the House in which such 
report is filed first. In the event the conferees are unable to agree 
within forty-eight hours, they shall report back to their respective 
Houses in disagreement. 
PUBLIC LAW 94-412—SEPT. 14, 1976 
90 STAT. 1257 
(5) Paragraphs (l)-(4) of this subsection, subsection (b) of this 
section, and section 502(b) of this Act are enacted by Congress— 
Post, p. 1258. 
(A) as an exercise of the rulemaking power of the Senate and 
the House of Representatives, respectively, and as such they are 
deemed a part of the rules of each House, respectively, but appli-
cable only with respect to the procedure to be followed in the 
House in the case of resolutions described by this subsection; and 
they supersede other rules only to the extent that they are incon-
sistent therewith; and 
(B) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure of 
that House) at any time, in the same manner, and to the same 
extent as in the case of any other rule of that House. 
(d) Any national emergency declared by the President in accord- Publication in 
ance with this title, and not otherwise previously terminated, shall Federal Register, 
terminate on the anniversary of the declaration of that emergency if, transmittal to 
within the ninety-day period prior to each anniversary date, the Presi- Congress, 
dent does not publish in the Federal Register and transmit to the 
Congress a notice stating that such emergency is to continue in effect 
• 
after such anniversary. 
TITLE III—EXERCISE OF EMERGENCY POWERS AND 
AUTHORITIES 
SEC. 301. When the President declares a national emergency, no 50 USC 1631. 
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. 
Executive orders; 
publication in 
Federal Register, 
transmittal to 
Congress. 
TITLE IV—ACCOUNTABILITY AND REPORTING 
REQUIREMENTS OF THE PRESIDENT 
SEC. 401. (a) When the President declares a national emergency, or 
Congress declares war, the President shall be responsible for maintain-
ing a file and index of all significant orders of the President, including 
Executive orders and proclamations, and each Executive agency shall 
maintain a file and index of all rules and regulations, issued during 
such emergency or war issued pursuant to such declarations. 
(b) All such significant orders of the President, including Execu-
tive orders, and such rules and regulations shall be transmitted to 
the Congress promptly under means to assure confidentiality where 
appropriate. 
(c) When the President declares a national emergency or Congress 
declares war, the President shall transmit to Congress, within ninety 
days after the end of each six-month period after such declaration, a 
report on the total expenditures incurred by the United States Govern-
ment during such six-month period which are directly attributable to 
the exercise of powers and authorities conferred by such declaration. 
Not later than ninety days after the termination of each such emer-
gency or war, the President shall transmit a final report on all such 
expenditures. 
Presidential 
orders, rules and 
regulations, file 
maintenance. 
50 USC 1641. 
Presidential 
orders, 
transmittal to 
Congress. 
Expenditures, 
reports to 
Congress. 
90 STAT. 1258 
PUBLIC LAW 94-412—SEPT. 14, 1976 
Loss of 
nationality. 
Leases, non-
excess property. 
RepeaL 
RepeaL 
RepeaL 
RepeaL 
Savings 
provision. 
50 use 1601 
note. 
50 use 1651. 
TITLE V—EEPEAL AND CONTINUATION OF CERTAIN 
EMERGENCY POWER AND OTHER STATUTES 
SEC. 501. (a) Section 349(a) of the Immigration and Nationality 
Act (8 U.S.C. 1481(a)) is amended— 
(1) at the end of paragraph (9), by striking out "; or" and 
inserting in lieu thereof a period; and 
(2) by striking out paragraph (10). 
(b) Section 2667(b) of title 10 of the United States Code is 
amended— 
(1) by inserting "and" at the end of paragraph (3); 
(2) by striking out paragraph (4) ; and 
(3) by redesignating paragraph (5) as (4). 
(c) The joint resokition entitled "Joint resolution to authorize the 
temporary continuation of regulation of consumer credit", approved 
August 8,1947 (12 U.S.C. 249), is repealed. 
(d) Section 5(m) of the Tennessee Valley Authority Act of 1933 
as amended (16 U.S.C. 831d(m)) is repealed. 
(e) Section 1383 of title 18, United States Code, is repealed. 
(f) Section 6 of the Act entitled "An Act to amend the Public 
Health Service Act in regard to certain matters of personnel and 
administration, and for other purposes", approved February 28,1948, 
is amended by striking out subsections (b), (c), (d), (e), and (f) (42 
U.S.C. 211b). 
(g) Section 9 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 
App. 1742) is repealed. 
(h) This section shall not affect— 
(1) any action taken or proceeding pending not finally con-
cluded 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. 
SEC. 502. (a) The provisions of this Act shall not apply to the fol-
lowing provisions of law. the powers and authorities conferred 
thereby, and actions taken thereunder: 
(1) Section 5(b) of the Act of October 6,1917, as amended (12 
U.S.C. 95a; 50 U.S.C. App. 5(b)); 
(2) Act of April 28.1942 (40 U.S.C. 278b); 
(3) Act of June 30,1949 (41 U.S.C. 252) ; 
(4) Section 3477 of the Revised Statutes, as amended (31 U.S.C. 
203); 
(5) Section 3737 of the Revised Statutes, as amended (41 
U.S.C. 15); 
(6) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat. 972; 
50 U.S.C. 1431-1435); 
(7) Section 2304(a) (1) of title 10, United States Code; 
(8) Sections 3313, 6386(c), and 8313 of title 10, United States 
Code. 
PUBLIC LAW 94-412—SEPT. 14, 1976 
90 STAT. 1259 
(b) Each committee of the House of Representatives and the Senate Congressional 
having jurisdiction with respect to any provision of law referred to committees, 
in subsection (a) of this section shall make a complete study and inves- ^^^^Y'^ report to 
tigation concerning that provision of law and make a report, including 
ingress. 
any recommendations and proposed revisions such committee may 
have, to its respective House of Congress within two hundred and 
seventy days after the date of enactment of this Act. 
Approved September 14, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-238 (Comm. on the Judiciary). 
SENATE REPORT No. 94-1168 (Comm. on Government Operations). 
CONGRESSIONAL RECORD: 
VoL 121 (1975): Sept. 4, considered and passed House. 
Vol. 122 (1976): Aug. 27, considered and passed Senate, amended. 
Aug. 31, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 12, No. 38 (1976): Sept. 14, Presidential statement.