Reading Room Document

Emergency Statutes That Do Not Expressly Require a National Emergency Declaration

The National Emergencies Act's coverage is not limited to statutes that expressly require the President to declare a national emergency, but rather extends to any statute "conferring powers and authorities to be exercised during a national emergency," unless Congress has exempted such a statute from the Act. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/olc/file/2016-08-24-natl-emerg/download.

August 24, 2016