National Emergency Authority To Temporarily Extend Deadlines for Certain Estimated Payments
Signed April 18, 2020·Donald Trump·85 FR 22951
Source
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Plain-language summary
Invoking the National Emergencies Act and the national emergency declared over the COVID-19 outbreak, the order gives the Secretary of the Treasury authority under section 1318(a) of title 19 of the U.S. Code to extend deadlines for certain estimated payments during the emergency. It directs the Secretary to consider temporarily extending payment deadlines for importers facing significant financial hardship due to COVID-19, excluding payments assessed under specific antidumping, countervailing duty, and related trade law provisions. The Secretary must consult with the Secretary of Homeland Security or a designee before using this authority. The order states it does not alter existing agency authority or the budgetary functions of the Office of Management and Budget, must be implemented consistent with applicable law and available funding, and does not create any enforceable legal rights or benefits for outside parties.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and in furtherance of Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak), which declared a national emergency by reason of the threat that the novel (new) coronavirus known as SARS-CoV-2 poses to our Nation's healthcare systems, I hereby order
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
The order, in full
Executive Order 13916 of April 18, 2020
National Emergency Authority To Temporarily
Extend Deadlines for Certain Estimated Payments
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the National Emergencies Act (50
U.S.C. 1601 et seq.), and in furtherance of
Proclamation 9994 of March 13, 2020 (Declaring a
National Emergency Concerning the Novel Coronavirus
Disease (COVID-19) Outbreak), which declared a national
emergency by reason of the threat that the novel (new)
coronavirus known as SARS-CoV-2 poses to our Nation's
healthcare systems, I hereby order as follows:
Section 1. Emergency Authority. (a) To provide
additional authority to the Secretary of the Treasury
(Secretary) to respond to the national emergency
declared by Proclamation 9994, the authority at section
1318(a) of title 19, United States Code, to extend
during the continuance of such emergency the time
prescribed therein for the performance of any act is
invoked and made available, according to its terms, to
the Secretary.
(b) The Secretary shall consider taking appropriate
action under section 1318(a) of title 19, United States
Code, to temporarily extend deadlines, for importers
suffering significant financial hardship because of
COVID-19, for the estimated payments described therein,
other than those assessed pursuant to sections 1671,
1673, 1862, 2251, and 2411 of title 19, United States
Code.
(c) The Secretary shall consult with the Secretary
of Homeland Security or his designee before exercising,
as invoked and made available under this order, any of
the authority set forth in section 1318(a) of title 19,
United States Code.
Sec. 2. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
April 18, 2020.Reproduced from the Federal Register plain-text record, signed April 18, 2020. Typesetting artifacts are removed; no wording is changed.