§ 1641. Accountability and reporting require-
ments of President
(a) Maintenance of file and index of Presidential
orders, rules and regulations during national
emergency
When the President declares a national emer-
gency, 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.
(c) Expenditures during national emergency;
Presidential reports to Congress
When the President declares a national emer-
gency or Congress declares war, the President
shall transmit to Congress, within ninety days
Page 150
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1651
after the end of each six-month period after such
declaration, a report on the total expenditures
incurred by the United States Government dur-
ing such six-month period which are directly at-
tributable to the exercise of powers and authori-
ties 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 Documents
DELEGATION OF AUTHORITY OF CERTAIN NATIONAL
EMERGENCY EXPENDITURE REPORTING FUNCTIONS
Memorandum of President of the United States, July
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Stable record: federal_law:legal_authorities:uscode2024_db8841e9703a81fe8124042e Source file: Laws/federal/codes/united-states-code-2024/title-50/section-1641-accountability-and-reporting-require--e73c318025.md Pages: Not recorded – Not recorded Passage SHA-256: 7b9bb6753670fac3d16ec6f0848af002cb6fd77e6629e59aea2d342b3b6671f4 Retained source evidence SHA-256: ab4b6477dffe9a81ad4ecceaa21cee81a35d3b3000e85c0553c399949a1f51ee
Page 149
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1641
ponents and the opponents) and shall be voted
on within three calendar days after the day on
which such resolution is reported, unless such
House shall otherwise determine by yeas and
nays.
(3) Such a joint resolution passed by one House
shall be referred to the appropriate committee
of the other House and shall be reported out by
such committee together with its recommenda-
tions within fifteen calendar days after the day
on which such resolution is referred to such
committee and shall thereupon become the
pending business of such House and shall be
voted upon within three calendar days after the
day on which such resolution is reported, unless
such House shall otherwise determine by yeas
and nays.
(4) In the case of any disagreement between
the two Houses of Congress with respect to a
joint resolution passed by both Houses, con-
ferees shall be promptly appointed and the com-
mittee of conference shall make and file a re-
port with respect to such joint resolution within
six calendar days after the day on which man-
agers on the part of the Senate and the House
have been appointed. Notwithstanding any rule
in either House concerning the printing of con-
ference reports or concerning any delay in the
consideration of such reports, such report shall
be acted on by both Houses not later than six
calendar days after the conference report is filed
in the House in which such report is filed first.
In the event the conferees are unable to agree
within forty-eight hours, they shall report back
to their respective Houses in disagreement.
(5) Paragraphs (1)–(4) of this subsection, sub-
section (b) of this section, and section 1651(b) of
this title are enacted by Congress—
(A) as an exercise of the rulemaking power
of the Senate and the House of Representa-
tives, respectively, and as such they are
deemed a part of the rules of each House, re-
spectively, but applicable only with respect to
the procedure to be followed in the House in
the case of resolutions described by this sub-
section; and they supersede other rules only to
the extent that they are inconsistent there-
with; and
(B) with full recognition of the constitu-
tional right of either House to change the
rules (so far as relating to the procedure of
that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of that House.
(d) Automatic termination of national emer-
gency; continuation notice from President to
Congress; publication in Federal Register
Any national emergency declared by the
President in accordance with this subchapter,
and not otherwise previously terminated, shall
terminate on the anniversary of the declaration
of that emergency if, within the ninety-day pe-
riod prior to each anniversary date, the Presi-
dent does not publish in the Federal Register
and transmit to the Congress a notice stating
that such emergency is to continue in effect
after such anniversary.
(Pub. L. 94–412, title II, § 202, Sept. 14, 1976, 90
Stat. 1255; Pub. L. 99–93, title VIII, § 801, Aug. 16,
1985, 99 Stat. 448.)
Editorial Notes
AMENDMENTS
1985—Subsecs. (a) to (c). Pub. L. 99–93 substituted
‘‘there is enacted into law a joint resolution termi-
nating the emergency’’ for ‘‘Congress terminates the
emergency by concurrent resolution’’ in par. (1) of sub-
sec. (a), and substituted ‘‘joint resolution’’ for ‘‘concur-
rent resolution’’ wherever appearing in second sentence
of subsec. (a), subsec. (b), and pars. (1) to (4) of subsec.
(c).
SUBCHAPTER III—EXERCISE OF
EMERGENCY POWERS AND AUTHORITIES
§ 1631. Declaration of national emergency by Ex-
ecutive order; authority; publication in Fed-
eral Register; transmittal to Congress
When the President declares a national emer-
gency, no powers or authorities made available
by statute for use in the event of an emergency
shall be exercised unless and until the President
specifies the provisions of law under which he
proposes that he, or other officers will act. Such
specification may be made either in the declara-
tion of a national emergency, or by one or more
contemporaneous or subsequent Executive or-
ders published in the Federal Register and
transmitted to the Congress.
(Pub. L. 94–412, title III, § 301, Sept. 14, 1976, 90
Stat. 1257.)
Executive Documents
RELEASE OF AMERICAN HOSTAGES IN IRAN
For provisions relating to the release of the Amer-
ican hostages in Iran, see Ex. Ord. Nos. 12276 to 12285,
Jan. 19, 1981, 46 F.R. 7913 to 7932, listed in a table under
section 1701 of this title.
SUBCHAPTER
IV—ACCOUNTABILITY
AND
REPORTING REQUIREMENTS OF PRESI-
DENT
§ 1641. Accountability and reporting require-
ments of President
(a) Maintenance of file and index of Presidential
orders, rules and regulations during national
emergency
When the President declares a national emer-
gency, 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.
(c) Expenditures during national emergency;
Presidential reports to Congress
When the President declares a national emer-
gency or Congress declares war, the President
shall transmit to Congress, within ninety days
Page 150
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1651
after the end of each six-month period after such
declaration, a report on the total expenditures
incurred by the United States Government dur-
ing such six-month period which are directly at-
tributable to the exercise of powers and authori-
ties 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 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 in-
formation 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 delega-
tions under this section, the Secretaries may consult
with the Congress as warranted to ensure that the Con-
gress receives complete and accurate expenditure infor-
mation as expeditiously as possible.
SEC. 2. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, 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 Fed-
eral Register.
J.R. BIDEN, JR.
SUBCHAPTER V—APPLICATION TO POWERS
AND
AUTHORITIES
OF
OTHER
PROVI-
SIONS OF LAW AND ACTIONS TAKEN
THEREUNDER
§ 1651. Other laws, powers and authorities con-
ferred thereby, and actions taken there-
under; Congressional studies
(a) The provisions of this chapter shall not
apply to the following provisions of law, the
powers and authorities conferred thereby, and
actions taken thereunder:
(1) Chapters 1 to 11 of title 40 and division C
(except sections 3302, 3307(e), 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41.
(2) Section 3727(a)–(e)(1) of title 31.
(3) Section 6305 of title 41.
(4) Public Law 85–804 (Act of Aug. 28, 1958, 72
Stat. 972; 50 U.S.C. 1431 et seq.).
(5) Section 3201(a) of title 10.
(b) Each committee of the House of Represent-
atives and the Senate having jurisdiction with
respect to any provision of law referred to in
subsection (a) of this section shall make a com-
plete study and investigation concerning that
provision of law and make a report, including
any recommendations and proposed revisions
such committee may have, to its respective
House of Congress within two hundred and sev-
enty days after September 14, 1976.
(Pub. L. 94–412, title V, § 502, Sept. 14, 1976, 90
Stat. 1258; Pub. L. 95–223, title I, § 101(d), Dec. 28,
1977, 91 Stat. 1625; Pub. L. 96–513, title V, § 507(b),
Dec. 12, 1980, 94 Stat. 2919; Pub. L. 105–362, title
IX, § 901(r)(2), Nov. 10, 1998, 112 Stat. 3291; Pub. L.
107–314, div. A, title X, § 1062(o)(1), Dec. 2, 2002,
116 Stat. 2652; Pub. L. 117–81, div. A, title XVII,
§ 1702(k)(2), Dec. 27, 2021, 135 Stat. 2160.)
Editorial Notes
REFERENCES IN TEXT
Public Law 85–804, referred to in subsec. (a)(4), is Pub.
L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified
generally to chapter 29 (§ 1431 et seq.) of this title. For
complete classification of this Act to the Code, see Ta-
bles.
AMENDMENTS
2021—Subsec. (a). Pub. L. 117–81 added pars. (1) to (5)
and struck out former pars. (1) to (5) which set out sec-
tions and provisions to which the provisions of this
chapter are inapplicable.
2002—Subsec. (a). Pub. L. 107–314 redesignated pars.
(3) to (7) as (1) to (5), respectively, and struck out
former par. (2) which read as follows: ‘‘Act of April 28,
1942 (40 U.S.C. 278b);’’.
1998—Subsec. (a)(6). Pub. L. 105–362 substituted ‘‘1431
et seq.’’ for ‘‘1431–1435’’.
1980—Subsec. (a)(8). Pub. L. 96–513 struck out par. (8)
which made reference to sections 3313, 6386(c), and 8313
of title 10.
1977—Subsec. (a)(1). Pub. L. 95–223 struck out par. (1)
which read as follows: ‘‘Section 5(b) of the Act of Octo-
ber 6, 1917, as amended (12 U.S.C. 95a; 50 U.S.C. App.
5(b));’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–513 effective Sept. 15, 1981,
see section 701 of Pub. L. 96–513, set out as a note under
section 101 of Title 10, Armed Forces.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States, or whenever the Attorney General determines that an actual or anticipated mass migration of aliens en route to, or arriving off the coast of, the United States presents urgent circumstances requiring an immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make, subject to the approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof.
Stored review status: release_metadata_unconfirmed. The source passage cites 46 U.S.C. § 70051. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 70051. Regulation of anchorage and movement
of vessels during national emergency
Whenever the President by proclamation or
Executive order declares a national emergency
to exist by reason of actual or threatened war,
insurrection, or invasion, or disturbance or
threatened disturbance of the international re-
lations of the United States, or whenever the
Attorney General determines that an actual or
anticipated mass migration of aliens en route
to, or arriving off the coast of, the United States
presents urgent circumstances requiring an im-
mediate Federal response, the Secretary of the
department in which the Coast Guard is oper-
ating may make, subject to the approval of the
President, rules and regulations governing the
anchorage and movement of any vessel, foreign
or domestic, in the territorial waters of the
United States, may inspect such vessel at any
time, place guards thereon, and, if necessary in
his opinion in order to secure such vessels from
damage or injury, or to prevent damage or in-
jury to any harbor or waters of the United
States, or to secure the observance of the rights
and obligations of the United States, may take,
by and with the consent of the President, for
such purposes, full possession and control of
such vessel and remove therefrom the officers
and crew thereof and all other persons not spe-
cially authorized by him to go or remain on
board thereof.
Whenever the President finds that the secu-
rity of the United States is endangered by rea-
son of actual or threatened war, or invasion, or
insurrection, or subversive activity, or of dis-
turbances or threatened disturbances of the
international relations of the United States, the
President is authorized to institute such meas-
ures and issue such rules and regul
Stored review status: historical_2024_not_currentness_verified. The source passage cites 46 U.S.C. § 70051. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect—
(1) any action taken or proceeding pending not finally concluded or determined on such date;
(2) any action or proceeding based on any act committed prior to such date; or
(3) any rights or duties that matured or penalties that were incurred prior to such date.
**(b)** For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1601. Termination of existing declared emer-
gencies
(a) All powers and authorities possessed by the
President, any other officer or employee of the
Federal Government, or any executive agency,
as defined in section 105 of title 5, as a result of
the existence of any declaration of national
emergency in effect on September 14, 1976, are
terminated two years from September 14, 1976.
Such termination shall not affect—
(1) any action taken or proceeding pending
not finally concluded or determined on such
date;
(2) any action or proceeding based on any act
committed prior to such date; or
(3) any rights or duties that matured or pen-
alties that were incurred prior to such date.
(b) For the purpose of this section, the words
‘‘any national emergency in effect’’ means a
general declaration of emergency made by the
President.
(Pub. L. 94–412, title I, § 101, Sept. 14, 1976, 90
Stat. 1255.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 94–412, § 1, Sept. 14, 1976, 90 Stat. 1255, pro-
vided: ‘‘That this Act [enacting this chapter, amending
section 1481 of Title 8, Aliens and Nationality, and sec-
tion 2667 of Title 10, Armed Forces, repealing section
249 of Title 12, Banks and Banking, section 831d of Title
16, Conservation, section 1383 of Title 18, Crimes and
Criminal Procedure, section 211b of Title 42, The Public
Health and Welfare, and section 1742 of the former Ap-
pendix to this title, and enacting provisions set out
below] may be cited as the ‘National Emergencies
Act’.’’
Page 144
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1621
SAVINGS PROVISION
Pub. L. 94–412, title V, § 501(h), Sept. 14, 1976, 90 Stat.
1258, provided that: ‘‘This section [amending section
1481 of Title 8, Aliens and Nationality and section 2667
of Title 10, A
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.
**(b)** Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1621. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1621. Declaration of national emergency by
President; publication in Federal Register;
effect on other laws; superseding legislation
(a) With respect to Acts of Congress author-
izing the exercise, during the period of a na-
tional emergency, of any special or extraor-
dinary power, the President is authorized to de-
clare such national emergency. Such proclama-
tion shall immediately be transmitted to the
Congress and published in the Federal Register.
(b) Any provisions of law conferring powers
and authorities to be exercised during a national
emergency shall be effective and remain in ef-
fect (1) only when the President (in accordance
with subsection (a) of this section), specifically
declares a national emergency, and (2) only in
accordance with this chapter. No law enacted
after September 14, 1976, shall supersede this
subchapter unless it does so in specific terms,
referring to this subchapter, and declaring that
the new law supersedes the provisions of this
subchapter.
(Pub. L. 94–412, title II, § 201, Sept. 14, 1976, 90
Stat. 1255.)
Statutory Notes and Related Subsidiaries
TERMINATION OF NATIONAL EMERGENCY CONCERNING
COVID–19
Pub. L. 118–3, Apr. 10, 2023, 137 Stat. 6, provided:
‘‘That, pursuant to section 202 of the National Emer-
gencies Act (50 U.S.C. 1622), the national emergency de-
clared by the finding of the President on March 13, 2020,
in Proclamation 9994 (85 Fed. Reg. 15337) [set out below]
is hereby terminated.’’
Executive Documents
PROC. NO. 7463. DECLARATION OF NATIONAL EMERGENCY
BY REASON OF CERTAIN TERRORIST ATTACKS
Proc. No. 7463, Sept. 14, 2001, 66 F.R. 48199, provided:
A national emergency exists by reason of the ter-
rorist attacks at the World Trade Center, New York,
New York, and the Pentagon, and the continuin
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1621. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(c) Expenditures during national emergency; Presidential reports to Congress** 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.