Thursday, February 7, 2019

Declarations under the National Emergencies Act, Part 1: Declarations Currently in Effect

"Recently, President Trump has stated that he may declare a national emergency to fund the construction of physical barriers along the U.S. border with Mexico. Besides raising questions about whether a national emergency declaration could facilitate the construction of such barriers (a topic discussed in a relatedSidebar), the statements have also prompted more general interest in the National Emergencies Act, including in the emergencies declared under the Act that are currently in effect.

This Sidebar—the first of a two-part series identifying declarations issued under the National Emergencies Act, provides a Table identifying national emergency declarations that are currently in effect as of February 1, 2019 (the companion Sidebar, identifying declarations no longer in effect, can be found here). The Table notes when later Executive Orders or Presidential Proclamations modified the initial executive action in which a national emergency was declared. The Table also lists statutory authorities cited to support the initial Executive Order or Presidential Proclamation, along with statutory authorities expressly cited in those documents as the legal basis for actions taken in response to the declared emergency. Finally, the Table identifies the date when the declared emergency was last extended or, if it has not been extended, the date when it is currently set to expire.

This list was generated by searching the Presidential Documents database on Westlaw for citations to the National Emergencies Act and the terms emergency and declare or proclaim. To determine the status of each declared national emergency, we consulted the Executive Orders Disposition Tables, produced by the National Archives, and searched the Federal Register database on Westlaw for the Executive Order or Presidential Proclamation number and variations and combinations of the terms contin! or revok! or rescind! or termin!..."
National Emergengies Act

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