National Emergencies Act

Starting with Franklin D. Roosevelt in 1933, presidents asserted the power to declare emergencies without limiting their scope or duration, without citing the relevant statutes, and without congressional oversight.

[13] Most of these were for the purpose of restricting trade with certain foreign entities under the International Emergency Economic Powers Act (IEEPA) (50 U.S.C.

Congress did not attempt to revoke any outstanding emergency declarations per se, as these remained the President's prerogative under Article Two of the United States Constitution.

[18] The Act also requires the President and executive agencies to maintain records of all orders and regulations that proceed from use of emergency authority, and to regularly report the cost incurred to Congress.

For example, Public Law 95-223 (1977) repealed the emergency clause of 12 USC 95(a) and arranged for its authority to expire according to the normal provisions of the NEA.

[2] Congressionally-authorized emergency presidential powers are sweeping and dramatic, and range from suspending all laws regulating chemical and biological weapons, including the ban on human testing (50 U.S.C.

§ 1515, passed 1969); to suspending any Clean Air Act implementation plan or excess emissions penalty upon petition of a state governor (42 U.S.C.

(a) § 2808 (a), passed 1982) using any existing defense appropriations for such military constructions ($10.4 billion in FY2018[19]); to drafting any retired Coast Guard officers (14 U.S.C.