ABSTRACT

Applicability of the National Emergencies Act to Statutes That Do Not Expressly Require the President to Declare a National Emergency   [open pdf - 73KB]

"The National Emergencies Act ('NEA'), Pub. L. No. 94-412 (1976) (codified as amended at 50 U.S.C. §§ 1601-1651 (2012)), states that '[a]ny provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect . . . only when the President . . . specifically declares a national emergency.' 50 U.S.C. § 1621(b). You have asked whether this and other provisions of the NEA apply to statutes that grant powers and authorities in a national emergency, but do not expressly require the President to declare such an emergency. We have previously issued conflicting guidance on this question. In a 1978 opinion, we stated that the NEA applied to--and thus that the President was required to declare a national emergency before invoking--section 6 of the Davis-Bacon Act, 40 U.S.C. § 276a-5 (1976), a statute that granted powers '[i]n the event of a national emergency' but did not expressly require the President to declare the emergency."

Publisher:
Date:
2016-08-24
Copyright:
Public Domain
Retrieved From:
U.S. Department of Justice: https://www.justice.gov/
Format:
pdf
Media Type:
application/pdf
Source:
Opinions of the Office of Legal Counsel (2016), v.40
URL:
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