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March 23, 2020

What Powers Does The President Have Under His Emergency Declaration?

On March 13, President Donald Trump declared a national emergency, an announcement that triggers emergency authorities that exist under several statutes. The activities listed below are not a complete list of those powers—they are only those that MSCI believes could impact the industrial metals sector. These are:

  • President may authorize the Secretary of the Treasury to permit duty-free importation of supplies needed for use in emergency relief work;
  • Secretary of the Treasury may eliminate, consolidate, or relocate any office or port of entry of the Customs Service; modify hours of service, alter services rendered at any location, or reduce the number of employees at any location; or take any other action that may be necessary to respond directly to the national emergency or specific threat.
  • 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.
  • 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.
  • 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 he/she determines that the release is required for purposes of the national defense.
  • President may waive 30-day minimum comment period on proposed rules and regulations issued under the Energy and Policy Conservation Act.

Click here to read more about the declaration.