Title 50War and National DefenseRelease 119-73

§1641 Accountability and reporting requirements of President

Title 50 › Chapter CHAPTER 34— - NATIONAL EMERGENCIES › Subchapter SUBCHAPTER IV— - ACCOUNTABILITY AND REPORTING REQUIREMENTS OF PRESIDENT › § 1641

Last updated Apr 6, 2026|Official source

Summary

When the President declares a national emergency or Congress declares war, the President must keep a file and index of all major presidential orders, such as Executive orders and proclamations. Each executive agency must also keep a file and index of rules and regulations it issues under that emergency or war. All those orders and rules must be sent to Congress quickly and kept confidential when needed. The President must report to Congress within 90 days after each six-month period about the total government spending in that period that happened because of powers used under the declaration. Within 90 days after the emergency or war ends, the President must send a final report of all such spending.

Full Legal Text

Title 50, §1641

War and National Defense — Source: USLM XML via OLRC

(a)When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintaining a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations.
(b)All such significant orders of the President, including Executive orders, and such rules and regulations shall be transmitted to the Congress promptly under means to assure confidentiality where appropriate.
(c)When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures.

Legislative History

Notes & Related Subsidiaries

Executive Documents

Delegation of Authority of Certain National Emergency Expenditure Reporting Functions Memorandum of President of the United States, July 7, 2023, 88 F.R. 44665, provided: Memorandum for the Secretary of Homeland Security[,] the Secretary of Health and Human Services[, and] the Secretary of the Treasury By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA) and section 301 of title 3, United States Code, it is hereby ordered as follows: section 1. Delegations. The Secretary of Homeland Security is hereby authorized to submit expenditure information to the Congress on the national emergency declared in Proclamation 6867 [46 U.S.C. 70051 note], as amended [sic] by Proclamation 7757 [46 U.S.C. 70051 note], Proclamation 9398 [46 U.S.C. 70051 note], and Proclamation 9699 [46 U.S.C. 70051 note], consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)). The Secretary of Homeland Security is hereby authorized to submit expenditure information to the Congress on the national emergency declared in Proclamation 10371 [46 U.S.C. 70051 note], consistent with section 401(c) of the NEA. The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, is hereby authorized to submit expenditure information to the Congress on the national emergency declared in Proclamation 9994 [50 U.S.C. 1621 note], consistent with section 401(c) of the NEA. With respect to the delegations under this section, the Secretaries may consult with the Congress as warranted to ensure that the Congress receives complete and accurate expenditure information as expeditiously as possible. Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Homeland Security is authorized and directed to publish this memorandum in the Federal Register. J.R. Biden, Jr.

Reference

Citations & Metadata

Citation

50 U.S.C. § 1641

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73