[In 1976, Congress supposedly terminated Franklin D. Roosevelt's 1933 Declaration of National Emergency under the Trading with the Enemy Act [50 U.S.C.A., APPENDIX, sections 1-44] and other "Emergencies" by enacting 50 U.S.C., section 1601. Unfortunately, Congress also included a saving provision in 50 U.S.C., section 1706.
50 USC Sec. 1601 (01/26/98)
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES
Sec. 1601. Termination of existing declared emergencies(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.
(Pub. L. 94-412, title I, Sec. 101, Sept. 14, 1976, 90 Stat. 1255.)
50 USC Sec. 1706 (01/26/98)
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERSSec. 1706. Savings provisions
(a) Termination of national emergencies pursuant to National Emergencies Act
(1) Except as provided in subsection (b) of this section, notwithstanding the termination pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.) of a national emergency declared for purposes of this chapter, any authorities granted by this chapter, which are exercised on the date of such termination on the basis of such national emergency to prohibit transactions involving property in which a foreign country or national thereof has any interest, may continue to be so exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.
(2) Notwithstanding the termination of the authorities described in section 101(b) of this Act, any such authorities, which are exercised with respect to a country on the date of such termination to prohibit transactions involving any property in which such country or any national thereof has any interest, may continue to be exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.
(b) Congressional termination of national emergencies by concurrent resolution
The authorities described in subsection (a)(1) of this section may not continue to be exercised under this section if the national emergency is terminated by the Congress by concurrent resolution pursuant to section 202 of the National Emergencies Act (50 U.S.C. 1622) and if the Congress specifies in such concurrent resolution that such authorities may not continue to be exercised under this section.
(c) Supplemental savings provisions; supersedure of inconsistent provisions
(1) The provisions of this section are supplemental to the savings provisions of paragraphs (1), (2), and (3) of section 101(a) (50 U.S.C. 1601(a)(1), (2), (3)) and of paragraphs (A), (B), and (C) of section 202(a) (50 U.S.C. 1622(a)(A), (B), and (C)) of the National Emergencies Act.
(2) The provisions of this section supersede the termination provisions of section 101(a) (50 U.S.C. 1601(a)) and of title II (50 U.S.C. 1621 et seq.) of the National Emergencies Act to the extent that the provisions of this section are inconsistent with these provisions.
(d) Periodic reports to Congress
If the President uses the authority of this section to continue prohibitions on transactions involving foreign property interests, he shall report to the Congress every six months on the use of such authority.
(Pub. L. 95-223, title II, Sec. 207, Dec. 28, 1977, 91 Stat. 1628.)
Transcribed here are references (in reverse chronological order) to the Presidential Determinations and Memoranda continuing the not-ended-so-far-in-our-lifetime "National Emergency", filed in the Federal Register since Congress changed the law [50 U.S.C. 1601 et seq.] in 1977.
[The citation "XX F.R. XXXX" translates: Volume XX, Federal Register, Page XXXX. "CFR" translates: Code of Federal Regulations. "U.S.C." translates: United States Code. These reference works are available at major college libraries or at law libraries.]
Next time you think "your" President is the "Good Guy" and hasn't abused us, just come here for a Reality Check, because every President has signed off on one of these declarations once-a-year on-or-before-September 14 since 1978.
1. Presidential Determination No. 2000-29, Sept. 12, 2000, 65 F.R. 55883, provided that:
"Memorandum for the Secretary of State (and) the Secretary of the Treasury2. Presidential Determination No. 99-36, Sept. 10, 1999, 64 F.R. 51885, provided that:
"Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination made by me on September 10, 1999 (64 Fed. Reg. 51885) [formerly set out as a note under this section], the exercise of certain authorities under the Trading With the Enemy Act is scheduled to terminate on September 14, 2000.
I hereby determine that the continuation for 1 year of the exercise of those authorities with respect to the applicable countries is in the national interest of the United States."Therefore, pursuant to the authority vested in me by section 101(b) of Public Law 95-223, I continue for 1 year, until September 14, 2001, the exercise of those authorities with respect to countries affected by:
"(1) the Foreign Assets Control Regulations, 31 CFR part 500;
"(2) the Transaction Control Regulations, 31 CFR part 505; and
"(3) the Cuban Assets Control Regulations, 31 CFR part 515.
"The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register."WILLIAM J. CLINTON"
"Memorandum for the Secretary of State [and] the Secretary of the Treasury.3. Presidential Determination No. 98-35, Sept. 11, 1998, 63 F. R. 50455, provided that:
"Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App 5(b) note), and a previous determination made by me on September 11, 1998 (63 Fed. Reg. 50455), the exercise of certain authorities under the Trading with the Enemy Act (sections 1 to 44 of this Appendix) is scheduled to terminate on September 14, 1999."I hereby determine that the continuation for 1 year of the exercise of those authorities with respect to the applicable countries is in the national interest of the United States.
"Therefore, pursuant to the authority vested in me by section 101(b) of Public Law 95-223, I continue for 1 year, until September 14, 2000, the exercise of those authorities with respect to countries affected by:
"(1) the Foreign Assets Control Regulations, 31 CFR part 500;
"(2) the Transaction Control Regulations, 31 CFR part 505; and
"(3) the Cuban Assets Control Regulations, 31 CFR part 515."The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register.
"William J. Clinton"
"Memorandum for the Secretary of State [and] the Secretary of the Treasury.4. Presidential Determination No. 97-32, Sept. 12, 1997, 62 F.R. 48729:
"Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination made by me on September 12, 1997 (62 Fed. Reg. 49729), the exercise of certain authorities under the Trading With the Enemy Act [sections 1 to 44 of this Appendix] is scheduled to terminate on September 14, 1998."I hereby determine that the extention for 1 year of the exercise of those authorities with respect to the applicable countries is in the national interest of the United States.
"Therefore, pursuant to the authority vested in me by section 101(b) of Public Law 95-223, I extend for 1 year, until September 14, 1999, the exercise of those authorities with respect to countries affected by:
"(1) the Foreign Assets Control Regulations, 31 CFR Part 500;
"(2) the Transaction Control Regulations, 31 CFR Part 505; and
"(3) the Cuban Assets Control Regulations, 31 CFR Part 515.
"The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Regsiter."William J. Clinton."
"Memorandum for the Secretary of State [and] the Secretary of the TreasuryPrevious Determinations were published in the Federal Register:
"Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination made by me on August 27, 1996, (61 Fed. Reg. 46529), the exercise of certain authorities under the Trading with the Enemy Act [sections 1 to 44 of this Appendix] is scheduled to terminate on September 14, 1997.
"I hereby determine that the extension for 1 year of the exercise of those authorities with respect to the applicable countries is in the national interest of the United States.
"Therefore, pursuant to the authority vested in me by section 101(b) of Public Law 95-223, I extend for 1 year, until September 14, 1998, the exercise of those authorities with respect countries affected by:
"(1) the Foreign Assets Control Regulations, 31 CFR Part 500;
"(2) the Transaction Control Regulations, 31 CFR Part 505; and
"(3) the Cuban Assets Control Regulations, 31 CFR Part 515.
"The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register.
William J. Clinton"
Presidential Determination No. 96-43, Aug. 27, 1996, 61 F.R. 46529.
Presidential Determination No. 95-41, Sept. 8, 1995, 60 F.R. 47659.
Presidential Determination No. 94-46, Sept. 8, 1994, 59 F.R. 47229.
Presidential Determination No. 93-38 Sept. 13, 1993, 58 F.R. 51209.
Presidential Determination No. 92-45, Aug. 28, 1992, 57 F.R. 43125.
Presidential Determination No. 91-52, Sept. 13, 1991, 56 F.R. 48415.
Presidential Determination No. 90-38, Sept. 5, 1990, 55 F.R. 37309.
Presidential Determination No. 89-25, Aug. 28, 1989, 54 F.R. 37089.
Presidential Determination No. 88-22, Sept. 8, 1988, 53 F.R. 35289.
Memorandum of the President, Aug. 27, 1987, 52 F.R. 33397.
Memorandum of the President, Aug. 20, 1986, 51 F.R. 30201.
Memorandum of the President, Sept. 5, 1985, 50 F.R. 36563.
Memorandum of the President, Sept. 11, 1984, 49 F.R. 35927.
Memorandum of the President, Sept. 7, 1983, 48 F.R. 40695.
Memorandum of the President, Sept. 8, 1982, 47 F.R. 39797.
Memorandum of the President, Sept. 10, 1981, 46 F.R. 45321.
Memorandum of the President, Sept. 8, 1980, 45 F.R. 59549.
Memorandum of the President, Sept. 12, 1979, 44 F.R. 53153.
Memorandum of the President, Sept. 8, 1978, 43 F.R. 40449.