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.
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 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 A a major disaster as defined in section 2 of this title;.
Congressional Research Service Reports on Disaster Response
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 This statute was promptly invoked by E. For more information, see here. A recent example of a specific invocation of this statute is Pres.
Secretary of the Navy may authorize by regulation the transport and subsistence of any person on naval vessels at government expense Secretary of the Army may discontinue or consolidate basic branches of the Army 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,, members of the Ready Reserve may be on active duty without their consent under this section at any one time 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 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 The Secretary of the Department in which the Coast Guard is operating may suspend provisions related to masters and officers of merchant vessels President may suspend statutory officer strength and distribution in grade requirements 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 Four civilians were appointed to Military Commission Review Panel in under this authority.
See here for more information. President may suspend the operation of statutes governing the authorized strengths and distribution of reserve officers in an active status in the armed forces President may suspend the operation of certain statutes related to officers in the Coast Guard Reserve Undersecretary of Transportation authorized to coordinate domestic transportation, among other duties 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 President may suspend the operation of statutes imposing distribution in grade requirements on the Navy ; powers amended and expanded to allow suspension of further statutes in Department of Veterans Affairs may provide healthcare to members of the armed forces serving in national emergency Limitations on the size of the Office of the Secretary of the Army do not apply ; national emergency provisions narrowed in Limitations on the size of the Office of the Secretary of the Navy do not apply ; national emergency provisions narrowed in 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 Limitations on size of Office of the Secretary of the Air Force do not apply ; national emergency provisions narrowed in Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize Secretaries of the military departments to undertake military construction projects, that are necessary to support such use of the armed forces President may alter automatic adjustments to federal pay schedules after first reporting to Congress This provision has been routinely invoked by Presidents seeking to adjust federal pay schedules since the mids.
President Trump recently announced his intention to implement alternative plans for pay adjustments under the authority of this statute in January President may implement alternative comparability payments for government employees after first reporting to Congress President Trump recently announced his intention to implement alternate plans for pay adjustments under the authority of this statute in January President may suspend statutory wage-rate requirements for public contracts President Franklin Roosevelt invoked this provision to suspend the Davis-Bacon Act nationwide in 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. 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. The proclamation was rescinded by President Clinton in February ;. This declaration sparked some debate about the validity of such an invocation without a declaration under the National Emergencies Act.
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The question was never resolved as the suspension was lifted by Proc. Department of Defense function performed by civilian employees may be converted to contractor performance without a public-private competition 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 , despite never being invoked in a formal declaration of national emergency.
Certain retired officers may be ordered to active duty, and time limits on recall service by retired servicemembers do not apply Limitations on the number of retired officers who may be ordered to active duty at any one time do not apply President may suspend any provision of law related to the promotion, retirement, or separation of permanent reserve warrant officers of any armed force 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 Certain restrictions on promotion of commissioned officers of the Regular Corps of the Public Health Service do not apply 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 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 Air Force Chief of Staff may be reappointed for a second term of not more than four years Secretary of the department in which the Coast Guard is operating may order any regular officer on the retired list to active duty Commandant of the Coast Guard may order any enlisted member on the retired list to active duty 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 More than ten retired flag officers may be on active duty in the Navy Secretary of military department concerned may keep reserve officer ordered to active duty off the active duty list for up to 24 months Secretary of military department concerned may cancel educational leave of absence granted to a member of the armed forces Army Chief of Staff may be reappointed for a second term of not more than four years Chief of Naval Operations can be reappointed for a second term of not more than four years Commandant of Marine Corps may be reappointed for a second term of not more than four years 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 Member of a reserve component may be released from active duty other than for training only if.
These restrictions do not apply during a period of demobilization or reduction in strength of the armed force concerned Reserve officer not on active duty list who is ordered to active duty may be considered for promotion President may assign additional armed forces personnel to Selective Service System Agricultural debt relief authorized for reservists mobilized to serve during national emergency An executive agency function performed by civilian employees may be converted to contractor performance without a public-private competition 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 Regular work hours of laborers and mechanics in the Army producing military supplies or munitions may be exceeded with overtime pay Competent authority may order members of Fleet Reserve and Fleet Marines Corps Reserve to active duty without their consent Commissioned and warrant officers in Coast Guard may, pursuant to rules prescribed by the Commandant, exercise the powers of a notary public President may suspend any section of 14 U.
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Promotions and appointments made under this section are temporary and are subject to certain procedural requirements. 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 Secretary of Defense may waive any requirements with respect to funeral honors for veterans Secretary of Veterans Affairs may prescribe limitations on the provision of hospital, nursing home, and domiciliary care and medical services in VA facilities 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 Department of Education may defer payment requirements and interest accrual for borrower serving on active duty during national emergency Regular work hours of Air Force laborers and mechanics producing military supplies or munitions may be exceeded with overtime pay Term of service of a person enlisted as a Reserve, that would otherwise expire, continues until six months after the end of the emergency 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 A member of a reserve component is entitled to federal educational assistance President may implement alternate pay adjustments for members of the uniformed services after first reporting to Congress Secretary of Defense or of military department concerned may designate emergency-essential employees in the Department of Defense 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 days without the consent of the members concerned ; emergency language added in The Veterans Health Administration has been providing healthcare to active duty service members pursuant to this statute consistently since at least see, e.
This statute has also routinely been invoked with respect to regulating anchorage and movement of vessels around Cuba since , when Cuban military aircraft destroyed U. The initial emergency declaration was Proc.
Disaster Response Structure
The most recent continuation of this emergency was Proc. 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 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 Plan No.
President can prohibit or limit the export of any agricultural commodity 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.
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Outside of an emergency, such orders may only last one year absent an affirmative determination that the national interest requires renewal of the order. The database of orders issued under this statute does not appear to be available on Westlaw. As of the end of FY , 5, secrecy orders were in effect per information released by the Patent and Trademark Office. Only 85 of those orders were newly declared in It is unclear from the available information how many of the other 5, secrecy orders remained in place due to national emergencies, versus being renewed annually as a result of the affirmative declaration process.
The government shall pay compensation to the owners ; substantively amended in Secretary of Agriculture may increase or terminate national marketing quota for wheat Secretary of Agriculture may increase or terminate national marketing quota or acreage allotment for cotton and rice President may direct the donation, sale, or other disposition of agricultural commodity set-aside 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 Secretary of Transportation may requisition, purchase, or charter the use of a vessel owned by U.
Secretary of Transportation may purchase, requisition, charter, take over the title of, or take over possession of any merchant vessel not owned by U. The government shall pay just compensation to the owners. Secretary of Transportation may terminate charter of government-owned merchant vessel without cost to the government Secretary of Defense may waive requirement to notify Congress of advance billing of customer of working capital fund 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 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 C A declaration of an emergency or major disaster pursuant to the Robert T.
D The use of the militia or the armed forces after a proclamation to disperse under section of this title. Atomic Energy Commission may suspend atomic energy licenses if necessary to the common defense and security Note: The Atomic Energy Commission was abolished in Authority under 42 U. 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 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.
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 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 A declares a severe energy supply interruption, as defined in section 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—. 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 United States, 15 Cl.
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. C in connection with any emergency determined by the Secretary to warrant assistance under section of this title, the Act of September 21, 73 Stat.
Secretary of Agriculture may make grants to public agencies or private organizations with c 3 status that have experience in providing emergency services to low-income migrant and seasonal farmworkers The language of the Request msodoes not indicate where a complete accounting of grants issued under this statute would be published, however. A person may not, without the permission of the Secretary of Transportation, place a vessel owned in whole or in part by a U.
A prior, similar, version of this statute, originally enacted Sept. Westhampton, C.
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Westhampton, D. 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 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. 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 Used to prosecute several Vietnam War protestors and anti-nuclear-weapons protestors in the s.
Used to prosecute some manufacturers of war materials during and after World War II. 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 , on the basis of the national emergency as declared in Proc. Make it Work? 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 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 President may waive statutory restrictions on using Department of Defense funding to support more than , members of the armed forces assigned to permanent duty ashore in nations outside the United States President may suspend citizenship and nationality requirements for officers and seamen on documented U.
President may impose export licensing requirements or other restrictions on the export of crude oil from the United States for up to 1 year 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—.
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 These powers are exclusively invoked in tandem with the National Emergencies Act and have been invoked in 55 separate emergency declarations since Skip Navigation Close Defend Democracy.
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Invocations and Delegations of Authority. Section Code 50 U. Subject Matter National Emergencies Act Section Code 42 U. Invocations and Delegations of Authority See here for list of declarations under this statute since Two recent invocations of this authority include: Pres.
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Disasters and Emergencies: Legal authorities and the military’s role – Lawfire
Invocations and Delegations of Authority Between and , averages of Section Code 22 U. Invocations and Delegations of Authority Between and , this statute was invoked 57 times, including recently in Pres. Requires Congressional declaration of national emergency to invoke. Public Health. Subject Matter Secretary of Health and Human Services may waive confidentiality, certification, sanctions, and other provisions as necessary to supply public health services Section Code 21 U. 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 Invocations and Delegations of Authority This statute has been invoked over a dozen times since being enacted in , to authorize use of unapproved products to respond to emergencies ranging from anthrax threats to Ebola.
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 Invocations and Delegations of Authority E.