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Declarations under the National Emergencies

Act, Part 2: Declarations No Longer in Effect



Updated February 15, 2019

On February 15, 2019, President Trump declared a national emergency under the National Emergencies
Act to aid in the construction of physical barriers along the U.S. border with Mexico. Besides raising
questions about whether a national emergency declaration can facilitate the construction of such barriers
(a topic discussed in a related Sidebar), the declaration has also prompted more general interest in the
National Emergencies Act, including in other emergencies declared under the Act that are currently in
effect.
This Sidebar-the second of a two-part series identifying declarations issued under the National
Emergencies Act, provides a Table identifying national emergency declarations that are no longer in
effect as of February 15, 2019 (the companion Sidebar, identifying declarations that remain in effect, can
be found here). 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 executive
action that ended the declared emergency.
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, 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!, and reviewed presidential actions posted on the White House website on February 15,
2019.
In part because there is little case law on the matter and the Executive has arguably taken conflicting views
over the years on the Act's relationship with other statutes, this Sidebar identifies only those Executive
Orders and Presidential Proclamations that expressly invoke the National Emergencies Act.






                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                      LSB10253

CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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