Delegation of Authority of Certain National Emergency Expenditure Reporting Functions

This memorandum delegates authority to submit national emergency expenditure reports to Congress from the President to three Cabinet secretaries: DHS for border-related emergencies (Proclamations 6867/7757/9398/9699 and 10371), and HHS (in consultation with Treasury) for the COVID-19 emergency (Proclamation 9994). It is a technical administrative delegation under the National Emergencies Act with no policy changes to the underlying emergencies.

Federal Register Open PDF 88 FR 44665

Key directives

DHS authorized to submit expenditure reports to Congress on Proclamation 6867 emergency (as amended) and Proclamation 10371 emergency
HHS authorized to submit expenditure reports to Congress on Proclamation 9994 emergency, in consultation with Treasury Secretary
Secretaries may consult with Congress to ensure complete and accurate expenditure information as expeditiously as possible
DHS directed to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Delegation of reporting authority takes effect upon signing
DHS authorized to publish memorandum in Federal Register

Near term (90d)

Expedited expenditure reporting to Congress on ongoing national emergencies

Long term

Continued congressional oversight of emergency spending through delegated channels

Risks & tensions

Delegations may create coordination questions between OMB and agencies on budgetary reporting
HHS-Treasury consultation requirement could slow COVID-19 emergency reporting
No revocation of underlying emergencies—continues prior administration's Proclamation 9994 (COVID-19)
Vague 'as expeditiously as possible' standard lacks enforceable timeline