Declarations under the National Emergencies Act, Part 2: Declarations No Longer in Effect

Declarations under the National Emergencies Act, Part 2: Declarations No Longer in Effect

Legal Sidebari

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Act, Part 2: Declarations No Longer in Effect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Emergencies Act, provides a Table identifying national emergency declarations that are no longer in
effect as of February 15, 2019 (the companion Sidebar, identifying declarations that remain in effect, can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.

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2

Declared National Emergencies Expressly Invoking the National Emergencies Act No
Longer in Effect as of February 15, 2019

Order or
Statutes Expressly
Proclamation
Statutes Cited as
Cited1 within the Order
Declaring
Title
President
Authority for Initial
or Proclamation as
Status
National
Order or Proclamation
Authority for Actions
Emergency
Prescribed Therein
International Emergency
Economic Powers Act, 50
International Emergency
U.S.C. §§ 1701-1708.
Economic Powers Act, 50

U.S.C. §§ 1701-1708.
Prohibitions
Exec. Order
Further
revoked by Exec.
No. 12,211, 45
Prohibitions on
National Emergencies Act, 50

Carter
Order No. 12,282,
Fed. Reg. 26,685
Transactions
U.S.C. §§ 1601-1651.
22 U.S.C. §§ 211a, 1732.
46 Fed. Reg. 7925
(Apr. 17, 1980).
With Iran

(Jan. 19, 1981).
22 U.S.C. §§ 1732, 2656.
8 U.S.C. § 1185.

3 U.S.C. § 301.
International Emergency
Economic Powers Act, 50
U.S.C. §§ 1701-1708.
Prohibiting

Exec. Order
Trade and
International Emergency
Revoked by Exec.
No. 12,513, 50
Certain Other
National Emergencies Act, 50
Economic Powers Act, 50
Order No. 12,707,
Reagan
Fed. Reg. 18,629
Transactions
U.S.C. §§ 1601-1651.
U.S.C. §§ 1701-1708.
55 Fed. Reg. 9707
(May 1, 1985).
Involving

(Mar. 13, 1990).
Nicaragua
50 U.S.C. §§ 191-198.

3 U.S.C. § 301.

1 This column only lists statutes expressly identified in the initial Executive Order or Presidential Proclamation as providing the
basis for a specific substantive provision within the executive action. Other sources of authority that might be relied upon as the
basis for a particular provision within the Order or Proclamation are not identified. For example, the column does not identify
United Nations Security Council Resolutions cited in support of certain actions; nor does it cite instances where the Order or
Proclamation cross-references another executive document for support, even though the legal authority for the earlier document
may derive from a statute.

Congressional Research Service
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Order or
Statutes Expressly
Proclamation
Statutes Cited as
Cited1 within the Order
Declaring
Title
President
Authority for Initial
or Proclamation as
Status
National
Order or Proclamation
Authority for Actions
Emergency
Prescribed Therein
International Emergency
Economic Powers Act, 50
U.S.C. §§ 1701-1708.

National Emergencies Act, 50
U.S.C. §§ 1601-1651.

Foreign Assistance Act, 22
U.S.C. 2151-2431k.

United Nations Participation
Act , 22 U.S.C. § 287c.
Foreign Service Act, 22
Prohibiting

U.S.C. §§ 3901 - 4226.
Exec. Order
Trade and
Arms Export Control Act, 22

Revoked by Exec.
No. 12,532, 50
Certain Other
Order 12,769, 56
Reagan
U.S.C. §§ 2751- 2799aa–2.
Fed. Reg. 36,861
Transactions
Federal Advisory
Fed. Reg. 31,855

(Sept. 9, 1985).
Involving South
Committee Act, 5 U.S.C.
(July 10, 1991).
Africa
Export Administration Act 50 App. §§ I - 16.
U.S.C. §§ 4601-4623.

Atomic Energy Act, 42 U.S.C.
§§ 2011 – 2296b.

Foreign Service Act, 22
U.S.C. §§ 3901 - 4226.

Federal Advisory Committee
Act, 5 U.S.C. App. §§ I - 16.

3 U.S.C. § 301.
International Emergency
Economic Powers Act, 50
U.S.C. §§ 1701-1708.

National Emergencies Act, 50
U.S.C. §§ 1601-1651.
Exec. Order
Prohibiting
International Emergency
Revoked by Exec.
Trade and

Order No. 13,357,
No. 12,543, 51
Economic Powers Act, 50
Certain
Reagan
69 Fed. Reg.
Fed. Reg. 875
3 U.S.C. § 301.
U.S.C. §§ 1701-1708.
Transactions
56,665 (Sept. 20,
(Jan. 7, 1986).
Sections 504 and 505 of the
Involving Libya

International Security and
2004).
Development Cooperation
Act of 1985 (Public Law 99-
83).

49 U.S.C. § 1514.

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Order or
Statutes Expressly
Proclamation
Statutes Cited as
Cited1 within the Order
Declaring
Title
President
Authority for Initial
or Proclamation as
Status
National
Order or Proclamation
Authority for Actions
Emergency
Prescribed Therein
International Emergency
Economic Powers Act, 50
Exec. Order
Prohibiting
U.S.C. §§ 1701-1708.
International Emergency
Revoked by Exec.
No. 12,635, 53
Certain

Economic Powers Act, 50
Order No. 12,710,
Fed. Reg.
Transactions
Reagan
55 Fed. Reg.
National Emergencies Act, 50
U.S.C. §§ 1701-1708.
12,134 (Apr. 8,
With Respect
13,099 (Apr. 5,
U.S.C. §§ 1601-1651.
1988).
to Panama

1990).

3 U.S.C. § 301.
Exec. Order
No. 12,722, 55
Fed. Reg. 31,803
(Aug. 2, 1990),
modified by
Exec. Order
No. 12,724, 55
Fed. Reg. 33,090
10 U.S.C. §§ 527, 644.
International Emergency
(Aug. 9, 1990),
Economic Powers Act, 50

Exec. Order
Blocking Iraqi
U.S.C. §§ 1701-1708.
International Emergency
Revoked by Exec.
No. 12,743, 56
Government
Economic Powers Act, 50
Order No. 13,350,
Fed. Reg. 2661
Property and
G.H.W.

U.S.C. §§ 1701-1708.
69 Fed. Reg.
(Jan. 18, 1991),
Prohibiting
Bush
National Emergencies Act, 50
46,055 (July 29,
and Exec.
Transactions
U.S.C. §§ 1601-1651.

2004).
Order No.
with Iraq

United Nations
12,817, 57 Fed.
Participation Act, 22 U.S.C.
Reg. 48,433
3 U.S.C. § 301.
§ 287c.
(Oct. 21, 1992).
See also Exec.
Order No.
13,303, 68 Fed.
Reg. 31,931
(May 22, 2003),
below.
International Emergency
Economic Powers Act, 50
Exec. Order
U.S.C. §§ 1701-1708.
Arms Export Control Act,
Revoked by Exec.
No. 12,735, 55
Chemical and

22 U.S.C. §§ 2751-2799aa–
Order No. 12,938,
Fed. Reg. 48,587
Biological
G.H.W.
2.
59 Fed. Reg.
(Nov. 16, 1990).
Weapons
Bush
National Emergencies Act, 50
59,099 (Nov. 14,
Proliferation
U.S.C. §§ 1601-1651.

1994).

3 U.S.C. § 301.

Congressional Research Service
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Order or
Statutes Expressly
Proclamation
Statutes Cited as
Cited1 within the Order
Declaring
Title
President
Authority for Initial
or Proclamation as
Status
National
Order or Proclamation
Authority for Actions
Emergency
Prescribed Therein
Exec. Order
No. 12,775, 56
Fed. Reg. 50,641
International Emergency
(Oct. 4, 1991),
Economic Powers Act, 50
revoked in part
Prohibiting
U.S.C. §§ 1701-1708.
Revoked by Exec.
by Exec. Order
International Emergency
Certain
Order No. 12,932,
No. 12,779, 56
G.H.W.

Economic Powers Act, 50
Transactions
59 Fed. Reg.
Fed. Reg. 55,975
U.S.C. §§ 1701-1708.
With Respect
Bush
National Emergencies Act, 50
52,403 (Oct. 14,
(Oct. 28, 1991),
to Haiti
U.S.C. §§ 1601-1651.

1994).
and Exec.

Order No.
12,853, 58 Fed.
3 U.S.C. § 301.
Reg. 35,843
(June 30, 1993).
Exec. Order
No. 12,808, 57
Fed. Reg. 23,299
International Emergency
(May 30, 1992),
Blocking
Economic Powers Act, 50
International Emergency
expanded by
“Yugoslav
U.S.C. §§ 1701-1708.
Economic Powers Act, 50
Revoked by Exec.
Exec. Order
Government”
U.S.C. §§ 1701-1708.
Order No. 13,304,
No. 12,846, 58
Property and
G.H.W.

68 Fed. Reg.
Fed. Reg. 25,771
Property of the
Bush
National Emergencies Act, 50
32,315 (May 28,
(Apr. 25, 1993),
Governments of
U.S.C. §§ 1601-1651.
United Nations
2003).
and Exec.
Serbia and
Participation Act, 22 U.S.C.

Order No.
Montenegro
§ 287c.
12,934, 59 Fed.
3 U.S.C. § 301.
Reg. 54,117
(Oct. 25, 1994).
Exec. Order
No. 12,865, 58
International Emergency
Fed. Reg. 51,005
Economic Powers Act, 50
(Sept. 26, 1993),
U.S.C. §§ 1701-1708.
International Emergency
amended by

Revoked by Exec.
Prohibiting
Economic Powers Act, 50
Exec. Order
Order No. 13,298,
Certain
National Emergencies Act, 50
U.S.C. §§ 1701-1708.
No. 13,069, 2
68 Fed. Reg.
Transactions
Clinton
U.S.C. §§ 1601-1651.

Fed. Reg. 65,989
24,857 (May 6,
Involving

(Dec. 12, 1997),
United Nations
2003).
UNITA
and Exec.
United Nations Participation
Participation Act, 22 U.S.C.

Order No.
Act, 22 U.S.C. § 287c.
§ 287c.
13,098, 63 Fed.

Reg. 44,771
3 U.S.C. § 301.
(Aug. 18, 1998).

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Order or
Statutes Expressly
Proclamation
Statutes Cited as
Cited1 within the Order
Declaring
Title
President
Authority for Initial
or Proclamation as
Status
National
Order or Proclamation
Authority for Actions
Emergency
Prescribed Therein
International Emergency
Economic Powers Act, 50
Measures To
U.S.C. §§ 1701-1708.
Restrict the

Revoked by Exec.
Exec. Order
Participation by
National Emergencies Act, 50
Export Administration Act
Order No. 12,930,
No. 12,868, 58
United States
Clinton
U.S.C. §§ 1601-1651.
of 1979, 50 U.S.C. §§ 4501
59 Fed. Reg.
Fed. Reg. 51,749
Persons in

– 4623.
50,475 (Sept. 29,
(Sept. 30, 1993).
Weapons
Proliferation
Export Administration Act of
1994).
Activities
1979, 50 U.S.C. 4501 – 4623.

3 U.S.C. § 301.
International Emergency
Measures to
Economic Powers Act, 50
Exec. Order
Restrict the
U.S.C. §§ 1701-1708.
Revoked by Exec.
No. 12,930, 59
Participation by

Export Administration Act
Order No. 12,938,
Fed. Reg. 50,475
United States
Clinton
of 1979, 50 U.S.C. §§ 4501
59 Fed. Reg.
(Sept. 29, 1994).
Persons in
National Emergencies Act, 50
– 4623.
59,099 (Nov. 14,
Weapons
U.S.C. §§ 1601-1651.

1994).
Proliferation

Activities
3 U.S.C. § 301.
Declaration of a
State of
Pres. Proc.
National Emergencies Act, 50
Emergency and
Not renewed by
6907, 61 Fed.
U.S.C. §§ 1601-1651.
Release of Feed
Clinton
7 U.S.C. § 1427a.
notice as of July 1,
Reg. 35,083 (Jul.

Grain From the
1997.
1, 1996).
Disaster
7 U.S.C. § 1427a.
Reserve
Foreign Operations, Export
Financing, and Related
Programs Appropriations
Exec. Order
Foreign Operations, Export
Act, Pub. L. 104-208, § 570,
No. 13,047, 62
Financing, and Related
110 Stat. 3001 (1997).
Fed. Reg. 28,301
Programs Appropriations
(May 20, 1997),

Act, Pub. L. 104-208, § 570,
Revoked by Exec.
amended by
Prohibiting New
International Emergency
110 Stat. 3001 (1997).
Order No. 13,742,
Exec. Order
Investment in
Clinton
Economic Powers Act, 50

81 Fed. Reg.
No. 13,310, 68
Burma
U.S.C. §§ 1701-1708.
70,593 (Oct. 7,
International Emergency
Fed. Reg. 44,853
2016).

Economic Powers Act, 50
(July 28, 2003).
National Emergencies Act, 50
U.S.C. §§ 1701-1708.

U.S.C. §§ 1601-1651.

3 U.S.C. § 301.

Congressional Research Service
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Order or
Statutes Expressly
Proclamation
Statutes Cited as
Cited1 within the Order
Declaring
Title
President
Authority for Initial
or Proclamation as
Status
National
Order or Proclamation
Authority for Actions
Emergency
Prescribed Therein
Blocking
Property of the
Governments of
Exec. Order
the Federal
No. 13,088, 63
Republic of
Fed. Reg. 32,109
Yugoslavia
International Emergency
(June 8 1998),
(Serbia and
Economic Powers Act, 50
amended by
U.S.C. §§ 1701-1708.
Exec. Order
Montenegro),
International Emergency
Revoked by Exec.
the Republic of
Order No. 13,304,
No. 13,121, 64

Economic Powers Act, 50
Serbia, and the
Clinton
68 Fed. Reg.
Fed. Reg. 24,021
National Emergencies Act, 50
U.S.C. §§ 1701-1708.
Republic of
32,215 (May 28,
(Apr. 30, 1999),
U.S.C. §§ 1601-1651.
Montenegro,

2003).
and Exec.
and Prohibiting

Order No.
New Investment
13,192, 63 Fed.
3 U.S.C. § 301.
in the Republic
Reg. 7379 (Jan.
of Serbia in
17, 2001).
Response to the
Situation in
Kosovo
International Emergency
Economic Powers Act, 50
Blocking
U.S.C. §§ 1701-1708.
Revoked by Exec.
Exec. Order
Property and
International Emergency
Order No. 13,268,
No. 13,129, 64
Prohibiting

Economic Powers Act, 50
Clinton
67 Fed. Reg.
Fed. Reg. 36,759
Transactions
National Emergencies Act, 50
U.S.C. §§ 1701-1708.
44,751 (July 2,
(July 4, 1999).
With the
U.S.C. §§ 1601-1651.

2002).
Taliban

3 U.S.C. § 301.
Blocking
Expired and
Property of the
International Emergency
effectively
Government of
Economic Powers Act, 50
superseded by
the Russian
U.S.C. §§ 1701-1708.
Exec. Order No.
Exec. Order
Federation
International Emergency
13,617, 77 Fed.
No. 13,159, 65
Relating to the

Economic Powers Act, 50
Reg. 38,459 (June
Clinton
Fed. Reg. 39,279
Disposition of
National Emergencies Act, 50
U.S.C. §§ 1701-1708.
25, 2012) which
(June 21, 2000).
Highly Enriched
U.S.C. §§ 1601-1651.

was later revoked
Uranium

by Exec. Order
Extracted From
No. 13,695, 80
Nuclear
3 U.S.C. § 301.
Fed. Reg. 30,331
Weapons
(May 26, 2015).

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Order or
Statutes Expressly
Proclamation
Statutes Cited as
Cited1 within the Order
Declaring
Title
President
Authority for Initial
or Proclamation as
Status
National
Order or Proclamation
Authority for Actions
Emergency
Prescribed Therein
International Emergency
Exec. Order
Economic Powers Act, 50
No. 13,194, 66
U.S.C. §§ 1701-1708.
International Emergency
Fed. Reg. 7389,
Economic Powers Act, 50
(Jan. 18, 2001),

Prohibiting the
U.S.C. §§ 1701-1708.
amended by
Revoked by Exec.
Importation of
National Emergencies Act, 50

Exec. Order
Order No. 13,324,
Rough
Clinton
U.S.C. §§ 1601-1651.
No. 13,213, 66
69 Fed. Reg. 2823
Diamonds From

United Nations
Fed. Reg. 28,
(Jan. 15, 2004).
Sierra Leone
Participation Act, 22 U.S.C.
United Nations Participation
829 (May 22,
§ 287c.
Act, 22 U.S.C. § 287c.
2001).

3 U.S.C. § 301.
International Emergency
Economic Powers Act, 50
Blocking
U.S.C. §§ 1701-1708.
International Emergency
Property of

Economic Powers Act, 50
Exec. Order
Certain Persons
U.S.C. §§ 1701-1708.
Revoked by Exec.
National Emergencies Act, 50
Order No. 13,710,
No. 13,348, 69
and Prohibiting

G.W. Bush U.S.C. §§ 1601-1651.
80 Fed. Reg.
Fed. Reg. 44,885
the Importation

United Nations
71,679 (Nov. 12,
(July 22, 2004).
of Certain
Participation Act, 22 U.S.C.
2015).
Goods from
United Nations Participation
§ 287c.
Liberia
Act, 22 U.S.C. § 287c.

3 U.S.C. § 301.
International Emergency
Economic Powers Act, 50
U.S.C. §§ 1701-1708.
International Emergency
Blocking

Economic Powers Act, 50
Revoked by Exec.
Exec. Order
Property of
U.S.C. §§ 1701-1708.
National Emergencies Act, 50
Order No. 13,739,
No. 13,396, 71
Certain Persons

G.W. Bush U.S.C. §§ 1601-1651.
81 Fed. Reg.
Fed. Reg. 7389,
Contributing to

United Nations
63,673 (Sept. 14,
(Feb. 7, 2006).
the Conflict in
Participation Act, 22 U.S.C.
2016).
Côte d'Ivoire
United Nations Participation
§ 287c.
Act, 22 U.S.C. § 287c.

3 U.S.C. § 301.

Congressional Research Service
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Declaration of a
National
Pres. Proc. No.
Emergency
National Emergencies Act, 50
Not renewed by
8443, 74 Fed.
With Respect
Obama
U.S.C. §§ 1601-1651.
42 U.S.C. §1320b-5.
notice as of
Reg. 55,439
to the 2009
October 23, 2010.
(Oct. 23, 2009).

H1N1 Influenza
Pandemic
Blocking
Property of the
International Emergency
Government of
Economic Powers Act, 50
the Russian
U.S.C. §§ 1701-1708.
Revoked by Exec.
Exec. Order
Federation
International Emergency
Order No. 13,695,
No. 13,617, 77
Relating to the

Economic Powers Act, 50
Obama
80 Fed. Reg.
Fed. Reg. 38,459
Disposition of
National Emergencies Act, 50
U.S.C. §§ 1701-1708.
30,331 (May 26,
(June 25, 2012).
Highly Enriched
U.S.C. §§ 1601-1651.

2015).
Uranium

Extracted From
Nuclear
3 U.S.C. § 301.
Weapons

Author Information

Emily E. Roberts

Law Librarian

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LSB10253 · VERSION 7 · UPDATED