With Possibility of Protests Looming, Biden Extends COVID National Security Declaration to Retain Additional Power
Joe Biden informed Speaker of the House Nancy Pelosi that he intends to extend the federal National Emergency declaration beyond its termination date in March. [STATUTE HERE]
By statute the State of a National Emergency expires one year after initial declaration. That meant the COVID National Emergency declaration was scheduled to end March 1st. However, the statute allows the extension if the executive office informs the legislative branch within the 90-day window prior to expiration.
Biden informed Nancy Pelosi yesterday of his intent to extend the National Emergency. Both the House and Senate will now have to schedule a vote to support the extension [SEE HERE]:
WHITE HOUSE – Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date.
In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency declared in Proclamation 9994 of March 13, 2020, beginning March 1, 2020, concerning the coronavirus disease 2019 (COVID-19) pandemic, is to continue in effect beyond March 1, 2022.
There remains a need to continue this national emergency. The COVID-19 pandemic continues to cause significant risk to the public health and safety of the Nation. More than 900,000 people in this Nation have perished from the disease, and it is essential to continue to combat and respond to COVID-19 with the full capacity and capability of the Federal Government.
Therefore, I have determined that it is necessary to continue the national emergency declared in Proclamation 9994 concerning the COVID-19 pandemic. (read)
Subchapter III – “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.”
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