[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4928 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4928
To provide for clarification and limitations with respect to the
exercise of national security powers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2023
Mr. McGovern (for himself and Ms. Mace) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committees on Transportation and Infrastructure, and Rules, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for clarification and limitations with respect to the
exercise of national security powers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Security
Reforms and Accountability Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--WAR POWERS REFORM
Sec. 101. Short title.
Sec. 102. Purpose and policy.
Sec. 103. Consultation and notification.
Sec. 104. Specific statutory authorization required.
Sec. 105. Congressional priority procedures for joint resolution.
Sec. 106. Interpretation of joint resolution.
Sec. 107. Judicial review.
Sec. 108. Termination of funding; termination of use of military force.
Sec. 109. Law of Armed Conflict, international humanitarian law, and
the treaty obligations of the United
States.
Sec. 110. Definitions.
TITLE II--ARMS EXPORT REFORM
Sec. 201. Short title.
Sec. 202. Congressional review and approval of certain sales, exports,
leases, and loans of defense articles and
services.
Sec. 203. Prohibition on transfer of defense articles and defense
services to countries that commit genocide
or violations of international humanitarian
law.
TITLE III--NATIONAL EMERGENCIES REFORM ACT
Sec. 301. Short title.
Sec. 302. Congressional review of national emergencies.
Sec. 303. Reporting requirements.
Sec. 304. Disclosures to Congress of presidential documents relating to
emergency actions.
Sec. 305. Conforming amendments.
Sec. 306. Effective date; applicability.
TITLE I--WAR POWERS REFORM
SEC. 101. SHORT TITLE.
This title may be cited as the ``War Powers Resolution
Modernization and Accountability Act''.
SEC. 102. PURPOSE AND POLICY.
Section 2 of the War Powers Resolution (50 U.S.C. 1541) is
amended--
(1) in subsection (a), by striking ``imminent involvement
in hostilities is clearly indicated by the circumstances'' and
inserting ``there is a serious risk of hostilities'';
(2) in subsection (b), by inserting ``declare war, exercise
enumerated war powers, and'' after ``Congress shall have the
power to''; and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``powers'' and inserting
``authority''; and
(ii) by striking ``imminent involvement in
hostilities is clearly indicated by the
circumstances'' and inserting ``there is a
serious risk of hostilities''; and
(B) by amending paragraph (3) to read as follows:
``(3) when necessary to repel a sudden attack, or
respond to a concrete, specific, and immediate threat
of such a sudden attack upon the United States, its
territories or possessions, United States forces, or
United States citizens.''.
SEC. 103. CONSULTATION AND NOTIFICATION.
Section 3 of the War Powers Resolution (50 U.S.C. 1542) is
amended--
(1) in the section heading, by inserting ``and
notification'' after ``consultation'';
(2) by striking ``The President'' and inserting ``(a) The
President'';
(3) by inserting ``, including with the appropriate
congressional committees and leadership,'' after ``consult with
Congress'';
(4) by striking ``imminent involvement in hostilities is
clearly indicated by the circumstances'' and inserting ``there
is a serious risk of hostilities'';
(5) by striking ``until United States Armed Forces'' and
inserting ``, including submitting to the appropriate
congressional committees and leadership any and all information
and materials relied on to justify the decision to introduce
and continue the deployment of United States forces, until such
forces''; and
(6) by adding at the end the following:
``(b) The President shall notify the Congress, including the
appropriate congressional committees and leadership--
``(1) before United States forces are introduced into the
territory, airspace, or waters of a foreign country while
equipped for combat, except with respect to deployments that
relate solely to supply, replacement, repair, or training of
such forces; and
``(2) before United States forces are introduced into the
territory, airspace, or waters of a foreign country in which
there are already United States forces equipped for combat if
the introduction of such forces would substantially enlarge the
overall number of United States forces equipped for combat
located in that country or otherwise substantially increase the
military capabilities of United States forces.
``(c) In the event that circumstances prohibit the notification
required by subsection (b) prior to the introduction of United States
forces, the President shall provide such notification not later than 48
hours after such introduction, including an explanation of why it could
not be offered prior to such introduction.
``(d) The notification required by subsection (b) or (c) shall
include, at a minimum, the circumstances necessitating the introduction
of United States forces, the statutory or constitutional authority for
such introduction, and the expected scope and duration of the use of
such forces.''.
SEC. 104. SPECIFIC STATUTORY AUTHORIZATION REQUIRED.
The War Powers Resolution (50 U.S.C. 1541 et seq.) is amended--
(1) by striking sections 4, 5, 6, and 7;
(2) by redesignating sections 8, 9, and 10 as sections 6,
11, and 12, respectively; and
(3) by inserting after section 3 the following:
``specific statutory authorization required
``Sec. 4. (a) In the absence of a declaration of war, and except
as provided in subsection (b), United States forces may be introduced
into hostilities or into situations where there is a serious risk of
hostilities only if, before introducing such forces--
``(1) the President submits to the appropriate
congressional committees and leadership an initial report in
accordance with the requirements of subsection (d)(1) for the
use of such forces; and
``(2) the Congress enacts a specific statutory
authorization for the use of such forces.
``(b)(1) In the absence of a declaration of war, in any case in
which United States forces are introduced into hostilities or into
situations where there is a serious risk of hostilities--
``(A) when necessary to repel a sudden attack, or respond
to a concrete, specific, and immediate threat of such a sudden
attack, upon the territory, airspace, or waters of the United
States, United States forces, or United States citizens; and
``(B) the time required to obtain prior specific statutory
authorization for the use of such forces as required under
subsection (a) would prevent an effective defense against the
attack or threat of attack,
the President shall, not later than 48 hours after ordering the use of
such forces, inform the appropriate congressional committees and
leadership of the President's decision and describe the use of such
forces, the justification for the use of such forces without prior
specific statutory authorization, and certify whether hostilities have
concluded or are continuing.
``(2)(A) Except as provided in subparagraph (B), not later than
seven calendar days after ordering the use of United States forces as
described in paragraph (1), the President shall submit to the
appropriate congressional committees and leadership--
``(i) a request for specific statutory authorization for
the use of such forces; and
``(ii) a report that meets the requirements of subsection
(d)(1)(B).
``(B) The requirement to submit a request for specific statutory
authorization for the use of United States forces under subparagraph
(A) shall not apply in any case in which the President--
``(i) has withdrawn, removed, or otherwise ceased the use
of such forces; and
``(ii) has certified to the appropriate congressional
committees and leadership that the President does not
anticipate introducing United States forces into hostilities or
into situations where there is a serious risk of hostilities
for a substantially similar purpose.
``(c)(1) If the Congress does not enact a specific statutory
authorization for the use of United States forces under subsection (b)
within 20 days of the introduction of such forces into hostilities or a
situation where there is a serious risk of hostilities, the President
shall withdraw, remove, or otherwise cease the use of such forces.
``(2) The 20-day period described in paragraph (1) shall be
extended for not more than an additional 10 days if the President
determines and certifies to the Congress in writing that unavoidable
military necessity respecting the safety of such forces requires the
continued use of such forces for the sole purpose of bringing about the
safe removal of such forces.
``(d)(1)(A) If the Congress does enact a specific statutory
authorization for the use of United States forces under subsection (a)
or (b), the President shall submit to the appropriate congressional
committees and leadership a report in writing on the use of such
forces--
``(i) not less frequently than every 30 days; and
``(ii) as new information becomes available or whenever
there is a material change in the information previously
reported under this paragraph.
``(B) The report required by subparagraph (A) shall, with respect
to each use of United States forces, include the following:
``(i) The circumstances necessitating the use of such
forces.
``(ii) An identification of enemy and opposing forces.
``(iii) The specific United States constitutional and
statutory authorities and international law authorities for the
use of such forces with respect to each enemy and opposing
force identified pursuant to clause (ii), including an
explanation of whether the use of such forces is consistent
with existing United States international legal obligations.
``(iv) The total cost of the use of such forces since the
introduction of such forces into hostilities or into situations
where there is a serious risk of hostilities.
``(v) The estimated scope and duration of the use of such
forces, including the personnel and weapons to be deployed.
``(vi) The country or countries in which such forces are
deployed.
``(vii) A description of--
``(I) the mission of such forces;
``(II) the outcomes or benchmarks that would
indicate the mission is complete; and
``(III) the length of time it is expected to take
to meet the objectives of the mission.
``(viii) An identification of United States allied or
partner forces or multilateral organizations that are or may be
involved in the deployment.
``(ix) The risk to United States persons or property
involved in the deployment.
``(x) Any other information as may be required to fully
inform Congress.
``(C) The report required by subparagraph (A)--
``(i) shall be submitted in unclassified form without any
designation relating to dissemination control; and
``(ii) may include a classified annex only to the extent
required to protect the national security of the United States.
``(2) If the Congress does enact a specific statutory authorization
for the use of United States forces under subsection (a) or (b), the
Director of the Congressional Budget Office shall submit to the
appropriate congressional committees and leadership--
``(A) a report in writing that contains an analysis and
estimate of the costs of such use of forces not less frequently
than every 180 days until termination of the specific statutory
authorization; and
``(B) a report in writing that contains a final analysis of
the costs of such use of forces not later than 30 days after
the date of termination of the specific statutory
authorization.
``(e) In the event hostilities in which United States forces are
engaged extend to a country, organization, or enemy or opposing force
that is not identified in a specific statutory authorization pursuant
to which United States forces are operating--
``(1) such extension shall be deemed to constitute a
separate introduction of United States forces into hostilities
within the meaning of section 3 and this section, including
with respect to the limitations and consultation, notification,
and reporting requirements described in such sections; and
``(2) such forces may continue to engage in such
hostilities only if a new specific statutory authorization is
enacted into law in accordance with subsection (a) or (b), as
applicable, with respect to such country, organization, or
enemy or opposing force.
``(f)(1) Notwithstanding subsections (a) and (b), at any time
during which United States forces are engaged in hostilities without a
declaration of war or pursuant to a specific statutory authorization
under subsection (a) or (b) before the expiration of the time period
specified in paragraph (1) or (2) of subsection (c), as applicable,
such forces shall be removed by the President if the Congress enacts a
joint resolution directing the President to so remove such forces.
``(2) The expedited procedures described in section 5 shall apply
with respect to a joint resolution described in this subsection.''.
SEC. 105. CONGRESSIONAL PRIORITY PROCEDURES FOR JOINT RESOLUTION.
The War Powers Resolution, as amended by this Act, is further
amended by inserting after section 4 the following:
``congressional priority procedures for joint resolution
``Sec. 5. (a) Any joint resolution introduced to provide specific
statutory authorization under section 4(a) or under section 4(b) before
the expiration of the time period specified in paragraph (1) or (2) of
section 4(c) shall be referred to the committee of jurisdiction of the
House of Representatives or of the Senate, as applicable, and such
committee shall report one such joint resolution, together with its
recommendations. If a committee of the House to which such joint
resolution has been referred has not reported it, within 10 legislative
days in the House of Representatives or 10 session days in the Senate
after the date of referral, that committee shall be discharged from
further consideration.
``(b) In the House of Representatives:
``(1) Between the third legislative day and the 13th
legislative day after the committee of jurisdiction reports the
joint resolution to the House or has been discharged from
further consideration thereof, it shall be in order for the
chair of the committee of jurisdiction (or a designee) or the
sponsor of such joint resolution (or a designee) to announce
his or her intent to offer a motion to proceed and to move to
proceed to consider the joint resolution, except that the chair
of the committee (or a designee) shall have priority in
recognition to offer the motion followed by the sponsor.
``(2) All points of order against such motion are waived,
except that such a motion shall not be in order after the House
has disposed of the same joint resolution. A motion to proceed
to consider any other joint resolution introduced to provide
specific statutory authorization under section 4(a) or under
section 4(b) authorizing the use of United States forces for
the same purpose as the joint resolution described in preceding
sentence shall not be in order after a motion to proceed on the
joint resolution described in the preceding sentence has been
offered.
``(3) Such motion to proceed shall be scheduled within two
legislative days after the date of such announcement.
``(4) The previous question shall be considered as ordered
on the motion to its adoption without intervening motion except
20 minutes of debate equally divided and controlled by a
proponent and an opponent. A motion to reconsider the vote by
which the motion is disposed of shall not be in order. The
motion to proceed shall be subject to a motion to table.
``(5) Upon adoption of the motion to proceed, such joint
resolution shall be considered as read. All points of order
against such joint resolution, and against its consideration,
are waived. The previous question shall be considered as
ordered on such joint resolution to final passage without
intervening motion, except that two hours of debate shall be
equally divided and controlled by--
``(A) the chair of the committee of jurisdiction
(or a designee) and the ranking member of that
committee (or a designee); or
``(B) if the sponsor of the such joint resolution
made the motion to proceed, the sponsor (or a designee)
and an opponent.
``(6) A motion to reconsider the vote on passage of such
joint resolution shall not be in order.
``(c) In the Senate--
``(1) Notwithstanding Rule XXII of the Standing Rules of
the Senate, it is in order at any time after the Committee on
Foreign Relations reports such joint resolution to the Senate
or has been discharged from its consideration (even though a
previous motion to the same effect has been disagreed to) to
move to proceed to the consideration of such joint resolution,
and all points of order against such joint resolution or
against its consideration, are waived. The motion to proceed is
not debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a motion
to proceed to the consideration of such joint resolution is
agreed to, the joint resolution shall remain the unfinished
business until disposed of.
``(2) Debate on such joint resolution, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally
between the majority and minority leaders or their designees. A
motion to further limit debate is in order and not debatable.
An amendment to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a motion to
recommit the joint resolution is not in order.
``(3) The vote on passage shall occur immediately following
the conclusion of the debate on such joint resolution and a
single quorum call at the conclusion of the debate, if
requested in accordance with the rules of the Senate.
``(4) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate, as the case may be,
to the procedure relating to such joint resolution shall be
decided without debate.
``(5) Debate in the Senate of any veto message with respect
to such resolution, including all debatable motions and appeals
in connection with such resolution, shall be limited to 10
hours, to be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
``(d)(1) If, before passage by one House of a joint resolution of
that House, that House receives a joint resolution to provide specific
statutory authorization from the other House, then the following
procedures shall apply:
``(A) The joint resolution of the other House shall not be
referred to a committee.
``(B) With respect to the joint resolution of the House
receiving the legislation--
``(i) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(ii) the vote on passage shall be on the joint
resolution of the other House.
``(2) If one House fails to introduce a joint resolution to provide
specific statutory authorization under section 4(a) or under section
4(b), the joint resolution of the other House shall be entitled to
expedited floor procedures under this section.
``(3) If, following passage of the joint resolution in the Senate,
the Senate then receives a joint resolution to provide specific
statutory authorization from the House of Representatives, the joint
resolution shall not be debatable.
``(4) The provisions of this subsection shall not apply in the
House of Representatives to a joint resolution which is a revenue
measure.
``(e) This section is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of legislation described in those
sections, and supersede other rules only to the extent that
they are inconsistent with such rules; and
``(2) with full recognition of the constitutional 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.''.
SEC. 106. INTERPRETATION OF JOINT RESOLUTION.
Section 6 of the War Powers Resolution, as redesignated by section
104(2), is amended to read as follows:
``interpretation of joint resolution
``Sec. 6. (a) Specific statutory authorization for the use of
United States forces shall not be inferred--
``(1) from any provision of law, including any provision
contained in any appropriations Act, unless such provision
expressly authorizes the use of such forces and states that it
is intended to constitute specific statutory authorization
within the meaning of this joint resolution; or
``(2) from any source of international legal obligation
binding on the United States, including any resolution of the
United Nations Security Council or any treaty unless such
treaty is implemented by legislation specifically authorizing
the use of such forces and stating that it is intended to
constitute specific statutory authorization within the meaning
of this joint resolution.
``(b) Nothing in this joint resolution may be construed to affect
the authority granted by the Constitution to the Congress or of the
President, or the provisions of any treaty or other international
agreement that is in force with respect to the United States before,
on, or after the date of the enactment of this section.''.
SEC. 107. JUDICIAL REVIEW.
The War Powers Resolution (50 U.S.C. 1541 et seq.), as amended by
this Act, is further amended by inserting after section 6 the
following:
``judicial review
``Sec. 7. (a)(1) If an officer or employee of the executive
branch, including the President and an officer or employee of the
Executive Officer of the President, fails to comply with a provision of
this joint resolution, upon the adoption of a resolution described in
subsection (b), the House of Representatives or the Senate may bring an
action in the name of the House of Representatives or the Senate (as
the case may be) for such relief as may be appropriate, including
declaratory judgment and any form of ancillary relief, including
injunctive relief.
``(2) An action brought under this section shall be brought--
``(A) in the case of an action brought by the House of
Representatives, by the Office of the General Counsel of the
House of Representatives or such successor office to such
Office as the House may designate; or
``(B) in the case of an action brought by the Senate, by
the Office of the Senate Legal Counsel or such successor office
to such Office as the Senate may designate.
``(b)(1) A resolution described in this subsection is a resolution
described as follows:
``(A) The resolution does not have a preamble.
``(B) The title is as follows: `Authorizing an action under
section 7 of the War Powers Resolution.'.
``(C) The matter after the resolving clause is as follows:
`That the ________ is authorized and directed to bring an
action under section 7 of the War Powers Resolution to obtain
relief from the failure of ________ to comply with _______ of
the War Powers Resolution.', with the first blank space filled
in with the identification of the office responsible for
bringing an action under this section for the House of Congress
involved, the second blank space filled in with the name and
position of the officer or employee of the executive branch who
has failed to comply with a provision of this Act, and the
third blank space filled in with the provision of this joint
resolution with which such officer or employee failed to
comply.
``(2) The expedited procedures described in section 5 shall apply
with respect to a resolution described in this subsection.
``(c) For purposes of this section, the failure of an officer or
employee of the executive branch, including the President and an
officer or employee of the Executive Officer of the President, to
provide any information to Congress as required by this joint
resolution shall be treated as the failure of such officer or employee
to comply with this joint resolution.
``(d) The following rules shall apply with respect to any action
brought by the House of Representatives or Senate pursuant to the
authority of this section:
``(1) The action shall be filed in the United States
District Court for the District of Columbia, and shall be heard
not later than 30 days after the action is filed by a 3-judge
court convened pursuant to section 2284 of title 28, United
States Code.
``(2) A copy of the complaint shall be delivered promptly
to the Clerk of the House of Representatives (in the case of an
action brought by the House) and the Secretary of the Senate
(in the case of an action brought by the Senate).
``(3) A final decision in the action shall be reviewable
only by appeal directly to the Supreme Court of the United
States. Such appeal shall be taken by the filing of a notice of
appeal within 10 days, and the filing of a jurisdictional
statement within 30 days, of the entry of the final decision.
``(4) It shall be the duty of the United States District
Court for the District of Columbia and the Supreme Court of the
United States to advance on the docket and to expedite to the
greatest possible extent the disposition of the action and
appeal.
``(e) Nothing in this section may be construed to affect the
treatment of the failure of an officer or employee of the executive
branch, including the President and an officer or employee of the
Executive Officer of the President, to comply with a provision of this
joint resolution as a legal wrong because of agency action for purposes
of obtaining judicial review under section 702 of title 5, United
States Code.''.
SEC. 108. TERMINATION OF FUNDING; TERMINATION OF USE OF MILITARY FORCE.
The War Powers Resolution (50 U.S.C. 1541 et seq.), as amended by
this Act, is further amended by inserting after section 7 the
following:
``termination of funding
``Sec. 8. (a) Notwithstanding any other provision of law, no funds
authorized to be appropriated or otherwise made available under any
provision of law may be obligated or expended for any activity by
United States forces for which--
``(1) prior congressional authorization is required under
section 4(a) but has not been obtained; or
``(2) congressional authorization is required under section
4(b) but has not been obtained before the expiration of the
time period specified in paragraph (1) or (2) of section 4(c),
as the case may be.
``(b) For such time as may be necessary, not to exceed six months
after the expiration of a specific statutory authorization for the use
of United States forces, military force may be used for defensive
purposes only as necessary to end the deployment or engagement of
United States forces pursuant to this joint resolution.
``(c) The prohibition on the obligation and expenditure of funds
for activities under subsection (a) shall not apply with respect to
funds for personnel pay, benefits, or honors.''.
SEC. 109. LAW OF ARMED CONFLICT, INTERNATIONAL HUMANITARIAN LAW, AND
THE TREATY OBLIGATIONS OF THE UNITED STATES.
The War Powers Resolution (50 U.S.C. 1541 et seq.), as amended by
this Act, is further amended by inserting after section 8 the
following:
``law of armed conflict, international humanitarian law, and the treaty
obligations of the united states
``Sec. 9. United States forces may not be introduced into
hostilities or into situations where there is a serious risk of
hostilities in a manner inconsistent with the Law of Armed Conflict,
international humanitarian law, or the treaty obligations of the United
States.''.
SEC. 110. DEFINITIONS.
(a) In General.--The War Powers Resolution (50 U.S.C. 1541 et
seq.), as amended by this Act, is further amended by inserting after
section 9 the following:
``definitions
``Sec. 10. In this joint resolution:
``(1) The term `appropriate congressional committees and
leadership' means--
``(A) in the House of Representatives--
``(i) the Committee on Foreign Affairs, the
Committee on Armed Services, the Permanent
Select Committee on Intelligence, and the
Committee on Appropriations; and
``(ii) the Speaker, the majority leader,
and the minority leader; and
``(B) in the Senate--
``(i) the Committee on Foreign Relations,
the Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on
Appropriations; and
``(ii) the majority leader and the minority
leader.
``(2) The term `hostilities' means any situation involving
any continuous or intermittent use of lethal or potentially
lethal force by or against United States forces (or, for
purposes of paragraph (3)(B), foreign regular or irregular
forces) carried out through land, sea, air, space, or cyber
operations, or through any other domain, including whether or
not such force is deployed remotely.
``(3) The term `introduce' means--
``(A) with respect to hostilities or a situation in
which there is a serious risk of hostilities, any
commitment, engagement, or other involvement of United
States forces (or, for purposes of paragraph (3)(B), of
foreign regular or irregular forces), whether or not
constituting self-defense measures by United States
forces, in response to an attack or imminent threat of
attack outside the United States, and whether or not
United States forces are present or operating remotely
launched, piloted, or directed attacks; or
``(B) the use, including assigning or temporary
detailing, of members of United States forces to--
``(i) command, advise, assist, accompany,
coordinate, or train any foreign regular or
irregular forces engaged in hostilities or in a
situation in which there is a serious risk that
those foreign forces become engaged in
hostilities; or
``(ii) provide any other type of support
that would render the United States a party to
a conflict in which it is not already engaged
or be more likely than not to do so.
``(4) The term `serious risk of hostilities' means any
situation in which there exists a substantial possibility that
United States forces (or, for purposes of paragraph (3)(B),
foreign regular or irregular forces) will become engaged in
hostilities, irrespective of any belief that the presence of
such forces will deter the onset of hostilities.
``(5) The term `specific statutory authorization' means any
joint resolution introduced after the date of the enactment of
the War Powers Resolution Modernization and Accountability Act
and enacted into law to authorize the introduction of United
States forces into hostilities or into situations where there
is a serious risk of hostilities that sets forth, at a minimum,
the following:
``(A) A clearly defined mission and operational
objectives, the identity of all specific entity or
entities against which force is authorized, and the
foreign country or countries in which the hostilities
by such forces are authorized.
``(B) A requirement the President seek from the
Congress a subsequent specific statutory authorization,
in accordance with the requirements of section 4, for
any expansion of the mission to include new operational
objectives, additional enemy forces, or new countries
in which such forces are operating, in each case to the
extent not specifically identified in the previous
authorization.
``(C) A termination of the authorization for the
use of such forces within two years absent the
enactment of a subsequent specific statutory
authorization for such use of the United States forces.
``(6) The term `substantially enlarge' means, for any 30-
day period, an increase in the overall number of United States
forces, including temporary duty or rotational forces, that is
the lesser of--
``(A) an increase of 25 percent or more of the
number of such forces; or
``(B) an increase of 1,000 or more of the number of
such forces.
``(7) The term `train' or `training' has the meaning given
the term `military education and training' in section 644 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2403).
``(8) The term `United States forces' means any individuals
who are employed by, or under contract to, or under the
direction of, any department or agency of the United States
Government who are or may be--
``(A) deployed and equipped for combat; or
``(B) engaged in the use of lethal or potentially
lethal force carried out through land, sea, air, space,
or cyber operations, or through any other domain''.
(b) Use of Term ``Forces''.--The War Powers Resolution (50 U.S.C.
1541 et seq.), as amended by this Act, is further amended--
(1) by striking ``Armed Forces'' each place it appears and
inserting ``forces''; and
(2) by striking ``armed forces'' each place it appears and
inserting ``forces''.
TITLE II--ARMS EXPORT REFORM
SEC. 201. SHORT TITLE.
This title may be cited as the ``Arms Export Control Reform Act''.
SEC. 202. CONGRESSIONAL REVIEW AND APPROVAL OF CERTAIN SALES, EXPORTS,
LEASES, AND LOANS OF DEFENSE ARTICLES AND SERVICES.
(a) In General.--Section 36 of the Arms Export Control Act (22
U.S.C. 2776) is amended--
(1) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (f), (g), (h), (i), and (j), respectively;
and
(2) by inserting after subsection (d) the following:
``(e) Congressional Review and Approval of Certain Sales, Exports,
Leases, and Loans of Defense Articles and Services.--
``(1) In general.--Except as provided in paragraph (3) and
subject to paragraph (4)--
``(A) no letter of offer to sell any defense
articles or services described in paragraph (2) may be
issued under this Act with respect to a proposed sale
to a foreign country or international organization
unless--
``(i) the President transmits to Congress a
numbered certification with respect to the
letter of offer containing the information
described in paragraphs (1) and (4) of
subsection (b); and
``(ii) there is enacted into law a joint
resolution of approval under paragraph (5) with
respect to the letter of offer;
``(B) no license may be issued under this Act
(other than with regard to a sale under section 21 or
22 of this Act), including under section 38 of this
Act, for the export of any defense articles or services
described in paragraph (2) with respect to a proposed
export to a foreign country or international
organization unless--
``(i) the President transmits to Congress
an unclassified numbered certification with
respect to the license containing the
information described in subsection (c)(1); and
``(ii) there is enacted into law a joint
resolution of approval under paragraph (5) with
respect to the license; and
``(C) no agreement to lease defense articles
described in paragraph (2) may be entered into under
chapter 6 of this Act with respect to a proposed lease
to a foreign country, or to loan defense articles under
chapter 2 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2311 et seq.) with respect to a
proposed loan to a foreign country, unless--
``(i) the President transmits to Congress a
written certification with respect to the
agreement containing the information described
in section 62(a); and
``(ii) there is enacted into law a joint
resolution of approval under paragraph (5) with
respect to the agreement.
``(2) Defense articles and services described.--Defense
articles and services described in this paragraph are the
following:
``(A) Firearms and ammunition of $1,000,000 or
more.
``(B) Air to ground munitions of $14,000,000 or
more.
``(C) Tanks, armored vehicles, and related
munitions of $14,000,000 or more.
``(D) Fixed and rotary, manned or unmanned aircraft
of $14,000,000 or more.
``(E) Services or training of $14,000,000 or more.
``(3) Exception.--The requirements of subparagraphs
(A)(ii), (B)(ii), and (C)(ii) of paragraph (1) shall not apply
with respect to a proposed sale, export, lease, or loan of
defense articles or services to the North Atlantic Treaty
Organization (NATO), any member country of NATO, Australia,
Japan, the Republic of Korea, Israel, New Zealand, or Taiwan if
a joint resolution of approval under paragraph (5) with respect
to the sale, export, lease, or loan is not introduced in either
House of Congress during the 15-day period beginning on the
date on which Congress receives a numbered certification under
subparagraph (A)(i) with respect to the sale, an unclassified
numbered certification under subparagraph (B)(i) with respect
to the export, or a written certification under subparagraph
(C)(i) with respect to the lease or loan.
``(4) Emergency procedures.--
``(A) In general.--The requirement that a joint
resolution of approval be enacted into law for purposes
of subparagraph (A)(ii), (B)(ii), or (C)(ii) of
paragraph (1) shall not apply with respect to a
proposed sale, export, lease, or loan of defense
articles or services if the President--
``(i) subject to subparagraph (B) and
except as provided in subparagraph (C),
determines that an emergency exists that
requires the sale, export, lease, or loan to be
in the national security interest of the United
States; and
``(ii) submits to the Committee on Foreign
Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate
such determination and justification for the
determination, and which also includes a
specific and detailed description of how the
waiver of the congressional review requirements
directly responds to or addresses the
circumstances of the emergency cited in the
determination.
``(B) The President may make a determination under
subparagraph (A)(i) only if the President certifies to
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate that the defense articles or services to
be sold, exported, leased, or loaned will be delivered
not later than 60 days after the date of such
certification.
``(C) The President may not make a determination
under subparagraph (A)(i) in the case of a proposed
sale, export, lease, or loan of defense articles or
services that include manufacturing or co-production of
the articles or services outside the United States.
``(5) Review by congress.--
``(A) Joint resolution of approval defined.--In
this paragraph, the term `joint resolution of approval'
means a joint resolution that contains only the
following provisions after its resolving clause:
``(i) In the case of a letter of offer
described in paragraph (1)(A), a provision
approving the issuance of the letter of offer.
``(ii) In the case of a license described
in paragraph (1)(B), a provision approving the
issuance of the license.
``(iii) In the case of a lease or loan
agreement described in paragraph (1)(C), a
provision approving the agreement.
``(B) Procedures for consideration of joint
resolutions of approval.--
``(i) Introduction.--After the President
transmits to Congress a numbered certification
with respect to a letter of offer described in
paragraph (1)(A)(i), an unclassified numbered
certification with respect to a license
described in paragraph (1)(B)(i), or a written
certification with respect to the agreement
described in paragraph (1)(C)(i), a joint
resolution of approval may be introduced in
either House of Congress by any member of that
House.
``(ii) Committee referral.--A joint
resolution of approval shall be referred in
each House of Congress to the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives.
``(iii) Consideration in senate.--In the
Senate, the following shall apply:
``(I) Reporting and discharge.--If
the committee to which a joint
resolution of approval has been
referred has not reported it at the end
of 10 session days after its
introduction, that committee shall be
automatically discharged from further
consideration of the resolution and it
shall be placed on the calendar.
``(II) Proceeding to
consideration.--Notwithstanding Rule
XXII of the Standing Rules of the
Senate, when the committee to which a
joint resolution of approval is
referred has reported the resolution,
or when that committee is discharged
under subclause (I) from further
consideration of the resolution, it is
at any time thereafter in order (even
though a previous motion to the same
effect has been disagreed to) for a
motion to proceed to the consideration
of the joint resolution, and all points
of order against the joint resolution
(and against consideration of the joint
resolution) are waived. The motion to
proceed is subject to 4 hours of debate
divided equally between those favoring
and those opposing the joint resolution
of approval. The motion is not subject
to amendment, or to a motion to
postpone, or to a motion to proceed to
the consideration of other business.
``(III) Floor consideration.--A
joint resolution of approval shall be
subject to 10 hours of consideration,
to be divided evenly between the
proponents and opponents of the
resolution.
``(IV) Amendments.--No amendments
shall be in order with respect to a
joint resolution of approval.
``(V) Motion to reconsider final
vote.--A motion to reconsider a vote on
passage of a joint resolution of
approval shall not be in order.
``(VI) Appeals.--Points of order,
including questions of relevancy, and
appeals from the decision of the
Presiding Officer, shall be decided
without debate.
``(VII) Receipt of resolution from
house.--If, before passing a joint
resolution of approval, the Senate
receives from the House a joint
resolution of approval from the House,
then--
``(aa) the joint resolution
of the House shall not be
referred to a committee and
shall be deemed to have been
discharged from committee on
the day it is received; and
``(bb) the procedures set
forth in this clause shall
apply in the Senate to the
joint resolution received from
the House to the same extent as
such procedures apply to a
joint resolution of the Senate.
``(C) Rules of the house and senate.--This
paragraph is enacted by Congress--
``(i) as an exercise of the rulemaking
power of the Senate and the House of
Representatives, respectively, and as such is
deemed a part of the rules of each House,
respectively, but applicable only with respect
to the procedure to be followed in the House in
the case of joint resolutions described in this
section, and supersedes other rules only to the
extent that it is inconsistent with such other
rules; and
``(ii) with full recognition of the
constitutional 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.''.
(b) Conforming Amendments.--
(1) Government-to-government sales.--
(A) In general.--Section 36(b) of the Arms Export
Control Act (22 U.S.C. 2776(b)) is amended--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), in the first
sentence, by striking ``Subject to
paragraph (6)'' and inserting ``Subject
to paragraph (4) and subsection (e)'';
and
(II) in the flush text following
subparagraph (P), by striking the last
two sentences;
(ii) by striking paragraphs (2) and (3);
(iii) by redesignating paragraphs (4), (5),
and (6) as paragraphs (2), (3), and (4),
respectively;
(iv) in subparagraph (C) of paragraph (3)
(as redesignated), in the first sentence, by
striking ``Subject to paragraph (4) and
subsection (e)''; and
(v) in paragraph (4) (as redesignated), in
the matter preceding subparagraph (A), by
striking ``in paragraph (5)(C)'' and inserting
``in paragraph (3)(C)''.
(B) Conforming amendment.--Section 38(f)(5)(B)(ii)
of such Act (22 U.S.C. 2778(f)(5)(B)(ii)) is amended by
striking ``section 36(b)(5)(A)'' and inserting
``section 36(b)(3)(A)''.
(2) Commercially licensed sales.--Section 36(c) of such Act
(22 U.S.C. 2776(c)) is amended--
(A) in paragraph (1), in the first sentence, by
striking ``Subject to paragraph (5)'' and inserting
``Subject to subsection (e)'';
(B) by striking paragraphs (2) through (5); and
(C) by redesignating paragraph (6) as paragraph
(2).
(3) Publication.--Subsection (g) of section 36 of such Act
(22 U.S.C. 2776) (as redesignated) is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) each numbered certification transmitted under
subsection (e)(1)(A)(i), each unclassified number notification
transmitted under subsection (e)(1)(B)(i) and each written
certification transmitted under subsection (e)(1)(C)(i).''.
(4) Legislative review of leases and loans.--
(A) Repeal.--Section 63 of such Act (22 U.S.C.
2796b) is repealed.
(B) Conforming amendment.--Section 62(b) of such
Act (22 U.S.C. 2976a(b)) is amended, in the first
sentence, by striking ``(and in the case'' and all that
follows through ``of that section)''.
SEC. 203. PROHIBITION ON TRANSFER OF DEFENSE ARTICLES AND DEFENSE
SERVICES TO COUNTRIES THAT COMMIT GENOCIDE OR VIOLATIONS
OF INTERNATIONAL HUMANITARIAN LAW.
(a) In General.--No defense articles or defense services may be
sold, exported, or transferred to any country, and no letter of offer
to sell defense articles or defense services to any country and no
application for a license to export or transfer defense articles or
defense services controlled for export to any country shall be subject
to congressional review and approval requirements, regardless of
monetary value or emergency, of section 36 of the Arms Export Control
Act (22 U.S.C. 2776), if the Secretary of State has credible
information that the government, military, security forces, or police
of such country has committed or is committing genocide, crimes against
humanity, or violations of international humanitarian law after the
date of enactment of this Act.
(b) Assessment of Risk.--Any letter of offer to sell, or any
application for a license to export or transfer, defense articles or
defense services controlled for export subject to the congressional
review and approval requirements, regardless of monetary value, of
section 36 of the Arms Export Control Act (22 U.S.C. 2776) shall
include an assessment of the risk of the items being used contrary to
principles of international humanitarian law, to violate
internationally recognized human rights, or to commit acts that may
constitute crimes against humanity or genocide, prepared by the
Secretary of State through the Assistant Secretary for the Bureau of
Democracy, Human Rights, and Labor, in consultation with the Secretary
of Defense and the Director of Central Intelligence.
TITLE III--NATIONAL EMERGENCIES REFORM ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``National Emergencies Reform Act''.
SEC. 302. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.
Title II of the National Emergencies Act (50 U.S.C. 1621 et seq.)
is amended by striking sections 201 and 202 and inserting the
following:
``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.
``(a) Authority To Declare National Emergencies.--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 a national emergency by
proclamation. Such proclamation shall immediately be transmitted to
Congress and published in the Federal Register.
``(b) Specification of Provisions of Law To Be Exercised.--No
powers or authorities made available by statute for use during the
period of a national emergency shall be exercised unless and until the
President specifies the provisions of law under which the President
proposes that the President or other officers will act in--
``(1) a proclamation declaring a national emergency under
subsection (a); or
``(2) one or more Executive orders relating to the
emergency transmitted to Congress and published in the Federal
Register.
``(c) Prohibition on Subsequent Actions if Emergencies Not
Approved.--
``(1) Subsequent declarations.--If a joint resolution of
approval is not enacted under section 203 with respect to a
national emergency before the expiration of the period
described in section 202(a), or with respect to a national
emergency proposed to be renewed under section 202(b), the
President may not, during the remainder of the term of office
of that President, declare a subsequent national emergency
under subsection (a) with respect to substantially the same
facts and circumstances.
``(2) Exercise of authorities.--If a joint resolution of
approval is not enacted under section 203 with respect to a
power or authority specified by the President in a proclamation
under subsection (a) or an Executive order under subsection
(b)(2) with respect to a national emergency, the President may
not, during the remainder of the term of office of that
President, exercise that power or authority with respect to
that emergency.
``(d) Effect of Future Laws.--No law enacted after the date of the
enactment of this Act may supersede the provisions of this title unless
it does so in specific terms, referring to this title, and declaring
that such law supersedes the provisions of this title.
``(e) Limitations.--
``(1) In general.--Any emergency powers invoked by the
President pursuant to a national emergency declared under this
section shall relate to the nature of, and may be used only to
address, that emergency.
``(2) Authorization or funding withheld.--No authority
available to the President during a national emergency declared
under this section may be used to provide authorization or
funding for any program, project, or activity for which
Congress, on or after the date of the events giving rise to the
emergency declaration, has withheld authorization or funding.
``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.
``(a) Temporary Effective Periods.--
``(1) In general.--A declaration of a national emergency
under subsection (a) shall be effective for 30 days beginning
on the day after the date of the issuance of the proclamation
and shall terminate when that 30-day period expires unless
there is enacted into law a joint resolution of approval under
section 203 with respect to the proclamation.
``(2) Exercise of powers and authorities.--
``(A) Exercise pursuant to proclamation.--Subject
to section 201(e), any emergency power or authority
made available under a provision of law specified
pursuant to section 201(b)(1) may be exercised pursuant
to a declaration of a national emergency upon the
issuance of the proclamation. That power or authority
may not be exercised on or after the 30-day period
described in paragraph (1) unless there is enacted into
law a joint resolution of approval under section 203
approving--
``(i) the proclamation of the national
emergency; and
``(ii) the exercise of the power or
authority specified by the President in such
proclamation.
``(B) Exercise pursuant to executive order.--
Subject to section 201(e), any emergency power or
authority made available under an Executive order
pursuant to section 201(b)(2) may be exercised pursuant
to a declaration of a national emergency upon the
issuance of the Executive order specifying the power or
authority. That power or authority may not be exercised
on or after the earlier of--
``(i) the date of the termination of the
proclamation declaring the emergency to which
the Executive order relates; or
``(ii) the date that is 30 days after the
date of the issuance of such Executive order,
unless there is enacted into law a joint
resolution of approval under section 203
approving the exercise of the power or
authority specified by the President in such
Executive order.
``(b) Renewal of National Emergencies.--A national emergency
declared by the President under section 201(a) or previously renewed
under this subsection that is not otherwise terminated pursuant to
subsection (a) or (c) or section 204 shall terminate on the date that
is one year after the date on which the President transmitted to
Congress the proclamation declaring the emergency or the date on which
Congress enacted into law a previous renewal pursuant to this
subsection, unless--
``(1) the President publishes in the Federal Register and
transmits to Congress an Executive order renewing the
emergency; and
``(2) there is enacted into law a joint resolution of
approval renewing the emergency pursuant to section 203 before
the termination of the emergency or previous renewal of the
emergency.
``(c) Termination of National Emergencies.--
``(1) In general.--Any national emergency declared by the
President under section 201(a) shall terminate on the earliest
of--
``(A) the date provided for in subsection (a);
``(B) the date provided for in subsection (b);
``(C) the date specified in a joint resolution of
termination under section 203;
``(D) the date specified in a proclamation of the
President terminating the emergency; or
``(E) the date specified in section 204.
``(2) Effect of termination.--Effective on the date of the
termination of a national emergency under paragraph (1)--
``(A) any powers or authorities exercised by reason
of the emergency shall cease to be exercised;
``(B) any amounts reprogrammed or transferred under
any provision of law with respect to the emergency that
remain unobligated on that date shall be returned and
made available for the purpose for which such amounts
were appropriated; and
``(C) any contracts entered into under any
provision of law relating to the emergency shall be
terminated.
``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
``(a) Joint Resolution of Approval Defined.--In this section, the
term `joint resolution of approval' means a joint resolution that
contains only the following provisions after its resolving clause:
``(1) A provision approving--
``(A) a proclamation of a national emergency made
under section 201(a);
``(B) an Executive order issued under section
201(b)(2); or
``(C) an Executive order issued under section
202(b).
``(2) A provision approving a list of all or a portion of
the provisions of law specified by the President under section
201(b) in the proclamation or Executive order that is the
subject of the joint resolution.
``(b) Joint Resolution of Termination Defined.--In this section,
the term `joint resolution of termination' means a resolution
introduced in the House or Senate to terminate--
``(1) a national emergency declared under this Act; or
``(2) the exercise of any authorities pursuant to that
emergency.
``(c) Procedures for Consideration of Joint Resolutions of
Approval.--
``(1) Introduction.--After the President transmits to
Congress a proclamation declaring a national emergency under
section 201(a), or an Executive order specifying emergency
powers or authorities under section 201(b)(2) or renewing a
national emergency under section 202(b), a joint resolution of
approval may be introduced in either House of Congress by any
member of that House.
``(2) Committee referral in the senate.--In the Senate, a
joint resolution of approval shall be referred to the
appropriate committee.
``(3) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Reporting and discharge.--If the committee to
which a joint resolution of approval has been referred
has not reported it at the end of 10 calendar days
after its introduction, that committee shall be
discharged from further consideration of the resolution
and it shall be placed on the Calendar of Business.
``(B) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, when the
committee to which a joint resolution of approval is
referred has reported the resolution, or when that
committee is discharged under subparagraph (A) from
further consideration of the resolution, it is at any
time thereafter in order to move to proceed to the
consideration of the joint resolution, and all points
of order against the joint resolution (and against the
motion to proceed to the consideration of the joint
resolution) are waived. The motion to proceed shall be
debatable for 4 hours evenly divided between a
proponent and an opponent of the joint resolution of
approval. The motion is not subject to amendment, or to
a motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of a joint resolution of approval is
agreed to, the joint resolution shall remain the
unfinished business of the Senate until disposed of.
``(C) Floor consideration.--There shall be 10 hours
of consideration on a joint resolution of approval, to
be divided evenly between the proponents and opponents
of the joint resolution. There shall be a total of 2
hours of debate on any debatable motions in connection
with the joint resolution, to be divided evenly between
the proponents and opponents of the joint resolution.
``(D) Amendments.--No amendments shall be in order
with respect to a joint resolution of approval in the
Senate.
``(E) Motion to reconsider vote on passage.--A
motion to reconsider a vote on passage of a joint
resolution of approval shall not be in order.
``(F) Appeals.--Points of order and appeals from
the decision of the Presiding Officer, shall be decided
without debate.
``(4) Consideration in house of representatives.--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If any committee to
which a joint resolution of approval has been referred
has not reported it to the House within seven
legislative days after the date of referral, such
committee shall be discharged from further
consideration of the joint resolution.
``(B)(i) Proceeding to consideration.--Beginning on
the third legislative day after each committee to which
a joint resolution of approval has been referred
reports it to the House or has been discharged from
further consideration, it shall be in order to move to
proceed to consider the joint resolution of approval in
the House. All points of order against the motion are
waived, except as provided in clause (ii) and clause
(iii). The previous question shall be considered as
ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable.
A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
``(ii) A motion to proceed to consider a joint
resolution of approval shall not be in order after the
House has disposed of another motion to proceed on that
joint resolution of approval.
``(iii) A motion to proceed to the consideration of
a joint resolution of approval of an Executive order
described in subsection (a)(1) or a list described in
subsection (a)(2) shall not be in order prior to the
enactment of a joint resolution of approval of the
proclamation described in subsection (a)(1) that is the
subject of such Executive order or list.
``(C) Consideration.--Upon adoption of the motion
to proceed in accordance with subparagraph (B)(i), the
joint resolution of approval shall be considered as
read. All points of order against the joint resolution
of approval and against its consideration are waived.
The previous question shall be considered as ordered on
the joint resolution of approval to final passage
without intervening motion except two hours of debate
equally divided and controlled by the sponsor of the
joint resolution of approval (or a designee) and an
opponent. A motion to reconsider the vote on passage of
the joint resolution of approval shall not be in order.
``(5) Coordination with action by other house.--
``(A) In general.--If, before the passage by one
House of a joint resolution of approval of that House,
that House receives from the other House a joint
resolution of approval with regard to the same
proclamation or Executive order, then the following
procedures shall apply:
``(i) The joint resolution of approval of
the other House shall not be referred to a
committee.
``(ii) With respect to a joint resolution
of approval of the House receiving the joint
resolution--
``(I) the procedure in that House
shall be the same as if no joint
resolution of approval had been
received from the other House; but
``(II) the vote on passage shall be
on the joint resolution of approval of
the other House.
``(iii) Upon the failure of passage of the
joint resolution of approval of the other
House, the question shall immediately occur on
passage of the joint resolution of approval of
the receiving House.
``(B) Treatment of legislation of other house.--If
one House fails to introduce a joint resolution of
approval under this section, the joint resolution of
approval of the other House shall be entitled to
expedited floor procedures under this section.
``(C) Application to revenue measures.--The
provisions of this paragraph shall not apply in the
House of Representatives to a joint resolution of
approval which is a revenue measure.
``(6) Treatment of veto message.--Debate on a veto message
in the Senate under this section shall be 1 hour evenly divided
between the majority and minority leaders or their designees.
``(d) Procedures for Consideration of Joint Resolutions To
Terminate.--
``(1) Introduction.--After the President transmits to
Congress a proclamation declaring a national emergency under
section 201(a), or an Executive order specifying emergency
powers or authorities under section 201(b)(2) or renewing a
national emergency under section 202(b), a joint resolution to
terminate may be introduced in either House of Congress by any
member of that House.
``(2) Committee referral in the senate.--In the Senate, a
joint resolution to terminate shall be referred to the
appropriate committee.
``(3) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Reporting and discharge.--If the committee to
which a joint resolution to terminate has been referred
has not reported it at the end of 10 calendar days
after its introduction, that committee shall be
discharged from further consideration of the resolution
and it shall be placed on the Calendar of Business.
``(B) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, when the
committee to which a joint resolution to terminate is
referred has reported the resolution, or when that
committee is discharged under subparagraph (A) from
further consideration of the resolution, it is at any
time thereafter in order to move to proceed to the
consideration of the joint resolution, and all points
of order against the joint resolution (and against the
motion to proceed to the consideration of the joint
resolution) are waived. The motion to proceed shall be
debatable for 4 hours evenly divided between a
proponent and an opponent of the joint resolution of
approval. The motion is not subject to amendment, or to
a motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of a joint resolution of approval is
agreed to, the joint resolution shall remain the
unfinished business of the Senate until disposed of.
``(C) Floor consideration.--There shall be 10 hours
of consideration on a joint resolution to terminate, to
be divided evenly between the proponents and opponents
of the joint resolution. There shall be a total of 2
hours of debate on any debatable motions in connection
with the joint resolution, to be divided evenly between
the proponents and opponents of the joint resolution.
``(D) Amendments.--No amendments shall be in order
with respect to a joint resolution to terminate in the
Senate.
``(E) Motion to reconsider vote on passage.--A
motion to reconsider a vote on passage of a joint
resolution to terminate shall not be in order.
``(F) Appeals.--Points of order and appeals from
the decision of the Presiding Officer, shall be decided
without debate.
``(4) Consideration in house of representatives.--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If any committee to
which a joint resolution to terminate has been referred
has not reported it to the House within seven
legislative days after the date of referral such
committee shall be discharged from further
consideration of the joint resolution.
``(B) Proceeding to consideration.--Beginning on
the third legislative day after each committee to which
a joint resolution to terminate has been referred
reports it to the House or has been discharged from
further consideration thereof, it shall be in order to
move to proceed to consider the joint resolution to
terminate in the House. All points of order against the
motion are waived, except that such a motion shall not
be in order after the House has disposed of a motion to
proceed on the joint resolution to terminate. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The
motion shall not be debatable. A motion to reconsider
the vote by which the motion is disposed of shall not
be in order.
``(C) Consideration.--The joint resolution to
terminate shall be considered as read. All points of
order against the joint resolution to terminate and
against its consideration are waived. The previous
question shall be considered as ordered on the joint
resolution to terminate to final passage without
intervening motion except one hour of debate equally
divided and controlled by the sponsor of the joint
resolution to terminate (or a designee) and an
opponent. A motion to reconsider the vote on passage of
the joint resolution to terminate shall not be in
order.
``(5) Coordination with action by other house.--
``(A) In general.--If, before the passage by one
House of a joint resolution to terminate of that House,
that House receives from the other House a joint
resolution to terminate with regard to the same
proclamation or Executive order, then the following
procedures shall apply:
``(i) The joint resolution to terminate of
the other House shall not be referred to a
committee.
``(ii) With respect to a joint resolution
to terminate of the House receiving the joint
resolution--
``(I) the procedure in that House
shall be the same as if no joint
resolution to terminate had been
received from the other House; but
``(II) the vote on passage shall be
on the joint resolution to terminate of
the other House.
``(iii) Upon the failure of passage of the
joint resolution to terminate of the other
House, the question shall immediately occur on
passage of the joint resolution to terminate of
the receiving House.
``(B) Treatment of legislation of other house.--If
one House fails to introduce a joint resolution to
terminate under this section, the joint resolution to
terminate of the other House shall be entitled to
expedited floor procedures under this section.
``(C) Application to revenue measures.--The
provisions of this paragraph shall not apply in the
House of Representatives to a joint resolution of
approval which is a revenue measure.
``(6) Treatment of veto message.--Debate on a veto message
in the Senate under this section shall be 1 hour evenly divided
between the majority and minority leaders or their designees.
``(e) Rule of Construction.--The enactment of a joint resolution of
approval or a joint resolution of termination under this section may
not be interpreted to serve as a grant or modification by Congress of
statutory authority for the emergency powers of the President.
``(f) Rules of the House and Senate.--This section is enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
the House in the case of joint resolutions described in this
section, and supersedes other rules only to the extent that it
is inconsistent with such other rules; and
``(2) with full recognition of the constitutional 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.
``SEC. 204. BAR ON PERMANENT EMERGENCIES.
``(a) In General.--Any national emergency declared by the President
under section 201(a), and not otherwise terminated, shall automatically
terminate on the date that is 5 years after the date of its
declaration.
``(b) Emergencies Already in Effect.--Any national emergency
declaration that remains in force as of the date of the enactment of
this section and--
``(1) has been in effect for 3 years or fewer as of such
date, shall automatically terminate on the date that is 5 years
after the date of the enactment of this section; or
``(2) has been in effect for more than 3 years as of such
date, shall automatically terminate on the date that is 2 years
after the date of the enactment of this section.
``(c) Effect of Termination.--If a national emergency declaration
terminates pursuant to this section, no emergency may subsequently be
declared based on substantially the same facts and circumstances.''.
SEC. 303. REPORTING REQUIREMENTS.
Section 401 of the National Emergencies Act (50 U.S.C. 1641) is
amended--
(1) by amending subsection (c) to read as follows:
``(c) Report Upon Declaration or Renewal of National Emergency.--
The President shall transmit to Congress, concurrently with any
proclamation declaring a national emergency under section 201(a), any
Executive order specifying emergency powers or authorities under
section 201(b)(2), or any Executive order renewing a national emergency
under section 202(b), a written report that includes each of the
following:
``(1) A description of the circumstances necessitating the
declaration of a national emergency, the renewal of such an
emergency, or the use of a new emergency authority specified in
the Executive order, as the case may be.
``(2) The estimated duration of the national emergency, or
a statement that the duration of the national emergency cannot
reasonably be estimated at the time of transmission of the
report.
``(3) A summary of the actions the President or other
officers intend to take, including any reprogramming or
transfer of funds, and the statutory authorities the President
and such officers expect to rely on in addressing the national
emergency.
``(4) In the case of a renewal of a national emergency, a
summary of the actions the President or other officers have
taken in the preceding one-year period, including any
reprogramming or transfer of funds, to address the
emergency.''; and
(2) by adding at the end the following:
``(d) Report on Expenditures and Activities During National
Emergency or War.--Not later than 90 days after the end of each 180-day
period following a proclamation declaring a national emergency under
section 201(a) or a declaration of war by the Congress, the President
shall transmit to Congress a report on--
``(1) the total expenditures of the United States
Government during such 180-day period which are directly
attributable to the exercise of powers and authorities
conferred by such declaration; and
``(2) with respect to a declaration of a national
emergency--
``(A) the status of the emergency; and
``(B) the actions the President or other officers
have taken pursuant to such emergency and authorities
the President and such officers have relied on in
addressing the emergency.
``(e) Final Report on Expenditures or Activities During National
Emergency or War.--Not later than 90 days after the termination of a
national emergency under section 201(a) or a declaration of war by the
Congress, the President shall transmit to Congress a final report on
each matter described in paragraphs (1) and (2) of subsection (d) with
respect to such emergency or war.
``(f) Provision of Information to Congress.--The President shall
provide to Congress such other information as Congress may request in
connection with any national emergency in effect under title II.
``(g) Public Disclosure.--The reports described in subsections (c),
(d), and (e) shall be in unclassified form and shall be made public at
the same time as their transmission to Congress, although a classified
annex may be provided to Congress as necessary.''.
SEC. 304. DISCLOSURES TO CONGRESS OF PRESIDENTIAL DOCUMENTS RELATING TO
EMERGENCY ACTIONS.
(a) In General.--
(1) Not later than 30 days after the conclusion of the
process for approval, adoption, or revision of any presidential
emergency action document, the President shall submit that
document to the appropriate congressional committees.
(2) Not later than 180 days after the conclusion of the
process for approval, adoption, or revision of any presidential
emergency action document, the head of each relevant Federal
department and agency shall complete a declassification review
of the document and shall make public any declassified portions
of the document. If significant portions of the document remain
classified, the respective head shall release an unclassified
summary of the document.
(b) Documents in Existence Before Date of Enactment.--
(1) Not later than 15 days after the date of the enactment
of this Act, the President shall submit to the appropriate
congressional committees all presidential emergency action
documents in existence before such date of enactment.
(2) Not later than 1 year after the date of enactment of
this Act, the head of each relevant Federal department and
agency shall complete a declassification review of all
presidential emergency action documents in existence before
such date of enactment, and shall make public any declassified
portions of the documents. If significant portions of the
document remain classified, the respective head shall release
an unclassified summary of the document.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'', with respect to a
presidential emergency action document, means--
(A) the Committee on Oversight and Reform, the
Committee on the Judiciary, and the Permanent Select
Committee on Intelligence of the House of
Representatives;
(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary,
and the Select Committee on Intelligence of the Senate;
and
(C) any other committee of the Senate or the House
of Representatives with jurisdiction over the subject
matter addressed in the presidential emergency action
document.
(2) Presidential emergency action document.--The term
``presidential emergency action document'' means--
(A) each of the approximately 56 documents
described as ``presidential emergency action
documents'' in the budget justification materials for
the Office of Legal Counsel of the Department of
Justice submitted to Congress in support of the budget
of the President for fiscal year 2018; and
(B) any other pre-coordinated legal document,
without regard to whether such document was promulgated
before, on, or after the date of the enactment of this
Act, that--
(i) is designated as a ``presidential
emergency action document''; or
(ii) is designed to implement a
presidential decision or transmit a
presidential request when an emergency disrupts
normal governmental or legislative processes.
SEC. 305. CONFORMING AMENDMENTS.
(a) National Emergencies Act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(b) International Emergency Economic Powers Act.--Section 207 of
the International Emergency Economic Powers Act (50 U.S.C. 1706) is
amended--
(1) in subsection (b), by striking ``concurrent
resolution'' and inserting ``joint resolution''; and
(2) by adding at the end the following:
``(e) In this section, the term `National Emergencies Act' means
the National Emergencies Act, as in effect on the day before the date
of the enactment of the National Emergencies Reforms Act.''.
SEC. 306. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--Except as provided in subsection (c), this title
and the amendments made by this title shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to national emergencies declared
under section 201 of the National Emergencies Act, as amended
by section 302 of this title, on or after that date.
(b) Applicability to Recently Declared Emergency.--A national
emergency declared under section 201 of the National Emergencies Act
not later than 90 days before the date of the enactment of this Act
shall be treated for purposes of subsection (a)(2) as being declared on
such date of enactment.
(c) Applicability to Renewals of Existing Emergencies Previously
Declared.--The amendments made by this title, other than the amendments
made with respect to the renewal of a national emergency under section
202(b) of the National Emergencies Act, shall not apply with respect to
any national emergency declared under section 201 of the National
Emergencies Act before the date of the enactment of this Act. Each such
emergency shall terminate on the date that is one year after the date
of enactment of this Act, unless the emergency is renewed in accordance
with such section 202(b) as so amended.
<all>