50 U.S.C. § 1641

Accountability and reporting requirements of President

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(a) Maintenance of file and index of Presidential orders, rules and regulations during national emergency

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) Presidential orders, rules and regulations; transmittal to Congress

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.

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.

(Pub. L. 94–412, title IV, § 401, Sept. 14, 1976, 90 Stat. 1257.)Executive DocumentsDelegation 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.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1979–2025 · leading case: Applicability of the Nat'l Emergencies Act to Statutes That Do Not Expressly Require the President to Declare a Nat'l Emergency (OLC 2016).

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Applicability of the Nat'l Emergencies Act to Statutes That Do Not Expressly Require the President to Declare a Nat'l Emergency (OLC 2016). · cites it 2× “Finally, 50 U.S.C. § 1641 states that “[w]hen the President declares a national emergency, or Congress declares war,” the President and Executive agencies must maintain and transmit to Congress all rules, regulations, and significant orders “is- sued during such emergency or war…”

V.O.S. Selections, Inc. v. Trump (Fed. Cir. 2025). “Those requirements are “sup- plemental to,” not a substitution for, the NEA’s congres- sional-information requirements found in section 401 of the NEA, 50 U.S.C. § 1641 . IEEPA § 204(d) [§ 1703(d)].”

Presidential Implementation of Emergency Powers Under the Int'l Emergency Econ. Powers Act (OLC 1979). “And fifth, the Em ergencies A ct, 50 U.S.C. § 1641 , requires the President to keep a file of his significant orders, “including executive orders,” and requires each executive agency to keep a file o f its rules, issued pursuant to an emergency.”

Presidential Powers Relating to the Situation in Iran (OLC 1979). “” 50 U.S.C. § 1641 . Thus, should the President declare a national em ergency under the IE E P A arising out o f an energy crisis, he must (a) transmit the declaration and a report justifying it to C on gress and publish the declaration in the Federal Register ( 50 U.”

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