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          S   Congressional                                                     ____
          ~ ~Research Service






National Emergencies Act Expenditure

Reports



August 3,   2023

The President is authorized to declare a national emergency pursuant to the National Emergencies Act of
1976 (NEA; P.L. 94-412; 50 U.S.C. §§1601 et seq.), which enables the President to invoke various
standby authorities in response to the declared incident. The NEA also includes presidential accountability
and reporting requirements. This Insight provides a brief overview of the requirement that the President
transmit expenditure reports to Congress. It also describes potential ways to locate these required
congressional reports and offers considerations for ensuring that NEA expenditure reporting occurs.


NEA Expenditure Reporting Requirement

The NEA  requires that the President report to Congress the total expenditures incurred by the U.S.
government which are directly attributable to the exercise of powers and authorities conferred by such
declaration (50 U.S.C. #1641(c)). The statute requires the President to submit such reports:
      within 90 days after the end of each six-month period following an NEA declaration; and
      not later than 90 days after an NEA declaration is terminated.


Locating Expenditure Reports

Agencies may submit physical copies of required reports to congressional committees, committee
leadership, or Congress in general without a specified recipient-including NEA expenditure reports.
Written reports due to Congress are typically submitted as Executive Communications (ECs). The
House and Senate Executive Clerks' Offices record the EC submission and create an abstract for
publication in the Congressional Record. EC submission records can be searched on Congress.gov.
Because the House and Senate Executive Clerks' Offices deliver report documents to the congressional
committee(s) of referral after recording the report submissions, the House and Senate Parliamentarian's
Offices and House and Senate Executive Clerk's Offices do not retain copies of submitted written reports.
Thus, full-text versions of reports are generally available only in internal committee records unless they
are further published by the respective committee or executive branch agency. There is currently no single
repository for reports submitted to Congress. As such, copies of these reports may be difficult to obtain.
                                                                Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                     IN12213

CRS INSIGHT
Prepared for Members and
Committees of Congress

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