50 U.S.C. § 1641 — Accountability and reporting require-

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.