[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2391 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2391
To provide for clarification and limitations with respect to the
exercise of national security powers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2021
Mr. Murphy (for himself, Mr. Lee, and Mr. Sanders) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
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
Powers Act of 2021''.
(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. Definitions.
Sec. 102. Policy.
Sec. 103. Sunset of existing authorizations for the use of military
force.
Sec. 104. Repeal of the War Powers Resolution.
Sec. 105. Notification.
Sec. 106. Requirement for authorization.
Sec. 107. Expedited procedures for congressional action.
Sec. 108. Termination of funding.
Sec. 109. Interpretation of statutory authority requirement.
Sec. 110. Separability clause.
TITLE II--ARMS EXPORT CONTROL
Sec. 201. Short title.
Sec. 202. Purpose.
Sec. 203. Congressional authorization of arms sales.
Sec. 204. Procedures for consideration of joint resolution authorizing
or prohibiting arms sales.
Sec. 205. Emergency procedures under Arms Export Control Act.
Sec. 206. Conforming amendments.
Sec. 207. Applicability.
TITLE III--NATIONAL EMERGENCIES ACT REFORM
Sec. 301. Requirements relating to declaration and renewal of national
emergencies.
Sec. 302. Termination of national emergencies.
Sec. 303. Review by Congress of national emergencies.
Sec. 304. Reporting requirements.
Sec. 305. Conforming amendments.
Sec. 306. Applicability.
TITLE I--WAR POWERS REFORM
SEC. 101. DEFINITIONS.
In this title:
(1) Country.--The term ``country'', when used in a
geographic sense, includes territories (whether or not
disputed) and possessions, territorial waters, and airspace.
(2) Hostilities.--The term ``hostilities'' means any
situation involving any use of lethal or potentially lethal
force by or against United States forces (or, for purposes of
paragraph 4(B), by or against foreign regular or irregular
forces), irrespective of the domain, whether such force is
deployed remotely, or the intermittency thereof. The term does
not include activities undertaken pursuant to section 503 of
the National Security Act of 1947 (50 U.S.C. 5093) if such
action is intended to have exclusively non-lethal effects.
(3) Hostilities report.--The term ``hostilities report''
means a written report that sets forth the following
information:
(A) The circumstances necessitating the
introduction of United States forces into hostilities
or a situation where there is a serious risk thereof,
or retaining them in a location where hostilities or
the serious risk thereof has developed.
(B) The estimated cost of such operations.
(C) The specific legislative and constitutional
authority for such action.
(D) Any international law implications related to
such action if applicable.
(E) The estimated scope and duration of the United
States forces' participation in hostilities, including
an accounting of the personnel and weapons to be
deployed.
(F) The country or countries in which the
operations or deployment of United States forces are to
occur or are ongoing.
(G) A description of their mission and the mission
objectives that would indicate the mission is complete.
(H) Any foreign partner forces or multilateral
organizations that may be involved in the operations.
(I) The name of the specific country (or countries)
or organized armed group (or groups) against which the
use of force is authorized.
(J) The risk to United States forces or other
United States persons or property involved in the
operations.
(K) Any other information as may be required to
fully inform Congress.
(4) Introduce.--The term ``introduce'' means--
(A) with respect to hostilities or a situation
where there is a serious risk of hostilities, any
commitment, engagement, or other involvement of United
States forces, whether or not constituting self-defense
measures by United States forces in response to an
attack or serious risk thereof in any foreign country
(including its airspace, cyberspace, or territorial
waters) or otherwise outside the United States and
whether or not United States forces are present or
operating remotely launched, piloted, or directed
attacks; or
(B) the assigning or detailing of members of United
States forces to command, advise, assist, accompany,
coordinate, or provide logistical or material support
or training for any foreign regular or irregular
military forces if--
(i) those foreign forces are involved in
hostilities; and
(ii) such activities by United States
forces make the United States a party to a
conflict or are more likely than not to do so.
(5) Serious risk of hostilities.--The term ``serious risk
of hostilities'' means any situation where it is more likely
than not that the United States forces will become engaged in
hostilities, irrespective of whether the primary purpose of the
mission is training or assistance.
(6) Specific statutory authorization.--The term ``specific
statutory authorization'' means any joint resolution or bill
introduced after the date of the enactment of this Act and
enacted into law to authorize the use of military force that
includes, at a minimum, the following elements:
(A) A clearly defined mission and operational
objectives and the identities of all individual
countries or organized armed groups against which
hostilities by the United States forces are authorized.
(B) A requirement the President seek from the
Congress a subsequent specific statutory authorization
for any expansion of the mission to include new
operational objectives, additional countries, or
organized armed groups.
(C) A termination of the authorization for such use
of United States forces within two years absent the
enactment of a subsequent specific statutory
authorization for such use of United States forces.
(D) In cases where the use of military force in a
particular situation is being reauthorized, an estimate
and analysis prepared by the Congressional Budget
Office of costs to United States taxpayers to date of
operations conducted pursuant to the prior
authorization or authorizations for that situation, and
of prospective costs to United States taxpayers for
operations to be conducted pursuant to the proposed
authorization.
(7) Substantially enlarge.--The term ``substantially
enlarge'' means, for any two-year period, an increase in the
number of United States forces that causes the total number of
forces in a foreign country to exceed the lowest number of
forces in that country during that period by 25 percent or
more, or any increase of 1,000 or more forces. Temporary duty
and rotational forces shall be included in the number of United
States forces for the purposes of this title.
(8) Training.--When used with respect to any foreign
regular or irregular forces, the term ``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), but does not include training that is focused entirely
on observance of and respect for the law of armed conflict,
human rights and fundamental freedoms, the rule of law, and
civilian control of the military.
(9) United states forces.--The term ``United States
forces'' means any individuals employed by, or under contract
to, or under the direction of, any department or agency of the
United States Government who are--
(A) deployed military or paramilitary personnel; or
(B) military or paramilitary personnel who use
lethal or potentially lethal force in the cyberspace
domain.
SEC. 102. POLICY.
The constitutional authority of the President as Commander-in-Chief
to introduce United States Armed Forces into hostilities or into
situations where there is a serious risk of hostilities shall be
exercised only pursuant to--
(1) a declaration of war;
(2) specific statutory authorization; or
(3) when necessary to repel a sudden attack, or the
concrete, specific, and immediate threat of such a sudden
attack upon the United States, its territories, or possessions,
its armed forces, or other United States citizens overseas.
SEC. 103. SUNSET OF EXISTING AUTHORIZATIONS FOR THE USE OF MILITARY
FORCE.
Effective 180 days after the date of the enactment of this Act, the
following laws are hereby repealed:
(1) The Authorization for Use of Military Force Against
Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50
U.S.C. 1541 note).
(2) The Authorization for Use of Military Force (Public Law
107-40; 50 U.S.C. 1541 note).
(3) The Authorization for Use of Military Force Against
Iraq (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note).
(4) The 1957 Authorization for Use of Military Force in the
Middle East (Public Law 87-5).
SEC. 104. REPEAL OF THE WAR POWERS RESOLUTION.
The War Powers Resolution (Public Law 93-148; 50 U.S.C. 1541 et
seq.) is hereby repealed.
SEC. 105. NOTIFICATION.
The President shall notify Congress, in writing, within 48 hours
after United States forces enter the territory, airspace, or waters of
a foreign country--
(1) while equipped for combat, except for deployments which
relate solely to transportation, supply, replacement, or
training of such United States forces; or
(2) in numbers that substantially enlarge the number of
United States forces already located in a foreign nation.
SEC. 106. REQUIREMENT FOR AUTHORIZATION.
(a) Prior Authorization for Certain Activities Relating to
Hostilities.--Except as provided in subsection (b), before introducing
United States forces into hostilities or a situation where there is a
serious risk of hostilities, the President shall provide a hostilities
report to Congress and obtain a specific statutory authorization for
such introduction. The President shall provide continuing hostilities
reports to Congress 30 days after the initial report and every 30 days
thereafter, in accordance with subsection (d).
(b) Authorization for Certain Activities Relating to Hostilities.--
In cases where the President introduces United States forces into
hostilities or a situation where there is a serious risk of hostilities
either because of the need to repel a sudden attack upon the United
States, its territories or possessions, its armed forces, or other
United States citizens overseas or because the concrete, specific, and
immediate threat of such a sudden attack, and the time required to
provide Congress with a briefing necessary to inform a vote to obtain
prior authorization from Congress within 72 hours would prevent an
effective defense against the attack or threat of immediate attack, the
President shall--
(1) within 48 hours of ordering the introduction of United
States forces into hostilities or a situation where there is a
serious risk of hostilities, inform Congress of the President's
decision, describe the action taken, the justification for
proceeding without prior authorization, and certifying either
that hostilities have concluded or that they are continuing;
and
(2) not later than 7 calendar days after ordering the
introduction of United States forces into hostilities or a
situation where there is a serious risk of hostilities, submit
to Congress a hostilities report and request for specific
statutory authorization except in cases where a certification
is submitted to Congress that the President--
(A) has withdrawn, removed, and otherwise ceased
the use of United States forces from the situation that
triggered this requirement; and
(B) does not intend to reintroduce them.
(c) Termination of Activities Related to Hostilities.--If Congress
does not enact a specific statutory authorization for United States
forces to engage in hostilities in response to a request in accordance
with subsection (b) within 20 days after the introduction of United
States forces into hostilities or a situation where there is a serious
risk of hostilities, the President shall withdraw, remove, and
otherwise cease the use of United States forces. This 20-day period
shall be extended for not more than an additional 10 days if the
President determines, certifies, and justifies to Congress in writing
that unavoidable military necessity involving the safety of the forces
requires the continued use of the forces for the sole purpose of
bringing about their safe removal from hostilities.
(d) Continuing Hostilities Reports.--If the President obtains
specific statutory authorization, the President shall continue to
provide hostilities reports to Congress on the United States' forces'
engagement or possible engagement in hostilities whenever there is a
material change in the information previously reported under this
section and in no event less frequently than every 30 days from the
delivery of the first hostilities report.
(e) Form.--Any report submitted pursuant to subsection (a), (b), or
(d) shall be submitted to Congress in unclassified form without any
designation relating to dissemination control and may include a
classified annex only to the extent required to protect the national
security of the United States.
(f) Transmittal.--Each report submitted pursuant to subsection (a),
(b), or (d) shall be transmitted to each house of Congress on the same
calendar day. The report shall be--
(1) referred to--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, and the Select Committee
on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(2) made available to any member of Congress upon request.
SEC. 107. EXPEDITED PROCEDURES FOR CONGRESSIONAL ACTION.
(a) Consideration by Congress.--Any resolution of disapproval
described in subsection (b) may be considered by Congress using the
expedited procedures set forth in this section.
(b) Resolution of Disapproval.--For purposes of this section, the
term ``resolution'' means only a joint resolution of the two Houses of
Congress--
(1) the title of which is as follows: ``A joint resolution
disapproving of the use of the United States Armed Forces in
the prosecution of certain conflict.'';
(2) which does not have a preamble; and
(3) the sole matter after the resolving clause of which is
as follows: ``That Congress does not approve the use of
military force in the prosecution of _______'', with the blank
space being filled with a description of the conflict
concerned.
(c) Referral.--A resolution described in subsection (b) introduced
in the Senate shall be referred to the Committee on Foreign Relations
of the Senate. A resolution described in subsection (b) that is
introduced in the House of Representatives shall be referred to the
Committee on Foreign Affairs of the House of Representatives.
(d) Discharge.--If the committee to which a resolution described in
subsection (b) is referred has not reported such resolution (or an
identical resolution) by the end of 10 calendar days beginning on the
date of introduction, such committee shall be, at the end of such
period, discharged from further consideration of such resolution, and
such resolution shall be placed on the appropriate calendar of the
House involved.
(e) Consideration.--
(1) In general.--On or after the third calendar day after
the date on which the committee to which such a resolution is
referred has reported, or has been discharged (under subsection
(d)) from further consideration of, such a resolution, it is in
order (even though a previous motion to the same effect has
been disagreed to) for any Member of the respective House to
move to proceed to the consideration of the resolution. All
points of order against the resolution (and against
consideration of the resolution) are waived. The motion is
highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. 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 the resolution is agreed to, the
respective House shall immediately proceed to consideration of
the joint resolution without intervening motion, order, or
other business, and the resolution shall remain the unfinished
business of the respective House until disposed of.
(2) Debate.--Debate on the 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 those favoring and those opposing the resolution. An
amendment to the resolution is not in order. A motion further
to limit debate is in order and not debatable. A motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the resolution is not in
order. A motion to reconsider the vote by which the resolution
is agreed to or disagreed to is not in order.
(3) Vote on final passage.--Immediately following the
conclusion of the debate on the resolution and a single quorum
call at the conclusion of the debate if requested in accordance
with the rules of the appropriate House, the vote on final
passage of the resolution shall occur.
(4) Appeals from decisions of chair.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate or the House of Representatives, as the case may
be, to the procedure relating to a resolution shall be decided
without debate.
(f) Consideration by Other House.--
(1) In general.--If, before the passage by one House of a
resolution of that House described in subsection (b), that
House receives from the other House a resolution described in
subsection (b), then the following procedures shall apply:
(A) The resolution of the other House shall not be
referred to a committee.
(B)(i) The consideration as described in subsection
(e) in that House shall be the same as if no resolution
had been received from the other House; but
(ii) The vote on final passage shall be on the
resolution of the other House.
(2) Following disposition.--Upon disposition of the
resolution received from the other House, it shall no longer be
in order to consider the resolution that originated in the
receiving House.
(g) Vetoes.--If the President vetoes a resolution, debate in the
Senate of any veto message with respect to the resolution, including
all debatable motions and appeals in connection with the resolution,
shall be limited to 10 hours, which shall be divided equally between
those favoring and those opposing the resolution.
(h) Rules of the Senate and House of Representatives.--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 it
is 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 a resolution described in subsection
(b), and it supersedes other rules only to the extent that it
is 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. 108. TERMINATION OF FUNDING.
Notwithstanding any other provision of law, no funds appropriated
or otherwise made available under any law may be obligated or expended
for any activity by United States forces for which prior congressional
authorization is required under this title but has not been obtained,
or for which authorization is required under this title but has not
been obtained by the deadline specified in section 106(c) or for which
a resolution of disapproval in accordance with section 107(b) has been
enacted into law.
SEC. 109. INTERPRETATION OF STATUTORY AUTHORITY REQUIREMENT.
Statutory authority to introduce United States forces into
hostilities or into situations where there is a serious risk of
hostilities, or to retain them in a situation where hostilities or the
serious risk thereof has developed, shall not be inferred--
(1) from any provision of law, including any provision
contained in any appropriation Act, unless such provision
expressly authorizes such introduction or retention and states
that it is intended to constitute specific statutory
authorization within the meaning of this title; or
(2) from any source of international legal obligation
binding on the United States, including any resolution of the
United Nations Security Council and any treaty ratified before,
on, or after the date of the enactment of this Act, unless such
treaty is implemented by legislation specifically authorizing
such introduction or retention and stating that it is intended
to constitute specific statutory authorization within the
meaning of this title.
SEC. 110. SEPARABILITY CLAUSE.
If any provision of this title or the application thereof to any
person or circumstance is held invalid, the remainder of the resolution
and the application of such provision to any other person or
circumstance shall not be affected thereby.
TITLE II--ARMS EXPORT CONTROL
SEC. 201. SHORT TITLE.
This title may be cited as the ``Arms Export Reform Act of 2021''.
SEC. 202. PURPOSE.
It is the purpose of this title to ensure the proper role of
Congress in national security decisions pertaining to sales, exports,
leases, and loans of defense articles, especially with respect to armed
conflict and human rights.
SEC. 203. CONGRESSIONAL AUTHORIZATION OF ARMS SALES.
(a) Certification Required.--
(1) In general.--Notwithstanding any other provision of
law, in the case of a covered letter of offer, a covered
application for a license, or a covered agreement, before such
a letter of offer or license is issued or before such an
agreement is entered into or renewed, the President shall
submit to Congress a certification described in paragraph (3).
(2) Covered letters of offers, applications for licenses,
and agreements.--For purposes of this subsection:
(A) A covered letter of offer is any letter of
offer to sell under the Arms Export Control Act (22
U.S.C. 2751 et seq.) any item described in subsection
(c).
(B) A covered application for a license is any
application by a person (other than with regard to a
sale under section 21 or 22 of the Arms Export Control
Act (22 U.S.C. 2761, 2762)) for a license for the
export of any item described in subsection (c).
(C) A covered agreement is any agreement involving
the lease under chapter 6 of the Arms Export Control
Act (22 U.S.C. 2796 et seq.), or the loan under chapter
2 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2311 et seq.), of any item described in
subsection (c) to any foreign country or international
organization for a period of one year or longer.
(3) Certification described.--A certification described in
this paragraph is a numbered certification containing the
following:
(A) In the case of a letter of offer to sell, the
information described in section 36(b)(1) of the Arms
Export Control Act (22 U.S.C. 2776(b)(1)) and section
36(b)(2) of such Act, as redesignated by section 206(a)
of this Act, without regard to the dollar amount of
such sale, except as specified in subsection (c).
(B) In the case of a license for export (other than
with regard to a sale under section 21 or 22 of the
Arms Export Control Act (22 U.S.C. 2761, 2762)), the
information described in section 36(c) of such Act (22
U.S.C. 2776(c)), as amended by section 206(b) of this
Act, without regard to the dollar amount of such
export, except as specified in subsection (c).
(C) In the case of a lease or loan agreement, the
information described in section 62(a) of the Arms
Export Control Act (22 U.S.C. 2796a(a)), unless section
62(b) of such Act (22 U.S.C. 2796a(b)) applies, without
regard to the dollar amount of such lease or loan,
except as specified in subsection (c).
(b) Congressional Authorization Required.--
(1) Prior congressional authorization.--No letter of offer
may be issued under the Arms Export Control Act (22 U.S.C. 2751
et seq.) with respect to a proposed sale of any item described
in subsection (c) to any country or international organization
(other than a country or international organization described
in paragraph (2)), no license may be issued under such Act with
respect to a proposed export of any such item to any such
country or organization, and no lease may be made under chapter
6 of such Act (22 U.S.C. 2796 et seq.) and no loan may be made
under chapter 2 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2311 et seq.) of any such item to any such
country or organization, unless there is enacted a joint
resolution or other provision of law authorizing such sale,
export, lease, or loan, as the case may be.
(2) NATO and certain countries.--No letter of offer or
license described in paragraph (1) may be issued and no lease
or loan described in such paragraph may be made with respect to
a proposed sale, export, lease, or loan, as the case may be, of
any item described in subsection (c) to the North Atlantic
Treaty Organization (NATO), any member country of such
organization, Australia, Japan, the Republic of Korea, Israel,
New Zealand, or Taiwan, if, not later than 20 calendar days
after receiving the appropriate certification, a joint
resolution is enacted prohibiting the proposed sale, export,
lease, or loan, as the case may be.
(c) Items Described.--The items described in this subsection are
those items of types and classes as follows (including parts,
components, and technical data):
(1) Firearms and ammunition of $1,000,000 or more.
(2) Air to ground munitions of $14,000,000 or more.
(3) Tanks, armored vehicles, and related munitions of
$14,000,000 or more.
(4) Fixed and rotary, manned or unmanned armed aircraft of
$14,000,000 or more.
(5) Services or training to security services of
$14,000,000 or more.
SEC. 204. PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTION AUTHORIZING
OR PROHIBITING ARMS SALES.
(a) Consideration by Congress.--Any joint resolution under section
203(b) shall be considered by Congress using the expedited procedures
set forth in section 107(c)-(h).
(b) Form of Joint Resolutions.--
(1) Prior congressional authorization.--The joint
resolution required by section 203(b)(1) is a joint resolution
the text of which consists only of one or more sections, each
of which reads as follows: ``The proposed ___ to ___ described
in the certification submitted pursuant to section 203(a) of
the Arms Export Reform Act of 2021, which was received by
Congress on ___ (Transmittal number) is authorized.'', with the
appropriate activity, whether sale, export, lease, or loan, and
the appropriate country or international organization, date,
and transmittal number inserted.
(2) NATO and certain countries.--The joint resolution
required by section 203(b)(2) is a joint resolution the text of
which consists of only one section, which reads as follows:
``That the proposed ___ to ___ described in the certification
submitted pursuant to section 203(a) of the Arms Export Reform
Act of 2021, which was received by Congress on ___ (Transmittal
number) is not authorized.'', with the appropriate activity,
whether sale, export, lease, or loan, and the appropriate
country or international organization, date, and the
transmittal number inserted.
SEC. 205. EMERGENCY PROCEDURES UNDER ARMS EXPORT CONTROL ACT.
Section 36 of the Arms Export Control Act is amended by adding at
the end the following:
``(j) Restriction on Emergency Authority Relating to Arms Sales
Under This Act.--A determination of the President that an emergency
exists requiring a proposed transfer of defense articles or defense
services in the national security interests of the United States, thus
waiving the congressional review requirements pursuant to section 3 --
``(1) shall apply only if--
``(A) the President submits a determination and
justification for each individual approval, letter of
offer, or license for the defense articles or defense
services that includes a specific and detailed
description of how such waiver of the congressional
review requirements directly responds to or addresses
the circumstances of the emergency cited in the
determination; and
``(B) the delivery of the defense articles or
defense services will take place not later than 60 days
after the date on which such determination is made,
unless otherwise authorized by Congress; and
``(2) shall not apply in the case of defense articles or
defense services that include manufacturing or co-production of
the articles or services outside the United States.''.
SEC. 206. CONFORMING AMENDMENTS.
(a) Government-to-Government Sales.--
(1) In general.--Section 36(b) of the Arms Export Control
Act (22 U.S.C. 2776(b)) is amended--
(A) 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
(ii) in the flush text following
subparagraph (P), by striking the last 2
sentences;
(B) by striking paragraphs (2) and (3);
(C) by redesignating paragraphs (4), (5), and (6)
as paragraphs (2), (3), and (4), respectively;
(D) in subparagraph (C) of paragraph (3), as so
redesignated, in the first sentence, by striking
``Subject to paragraph (6)'' and inserting ``Subject to
paragraph (4)''; and
(E) in paragraph (4), as redesignated by
subparagraph (C) of this paragraph, in the matter
preceding subparagraph (A), by striking ``in paragraph
(5)(C)'' and inserting ``in paragraph (3)(C)''.
(2) 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)''.
(b) Commercially Licensed Sales.--Section 36(c) of such Act (22
U.S.C. 2776(c)) is amended--
(1) in paragraph (1), in the first sentence, by striking
``Subject to paragraph (5), in'' and inserting ``In'';
(2) by striking paragraphs (2) through (5); and
(3) by redesignating paragraph (6) as paragraph (2).
(c) Legislative Review of Leases and Loans.--
(1) Repeal.--Section 63 of such Act (22 U.S.C. 2796b) is
repealed.
(2) Conforming amendment.--Section 62(b) of such Act (22
U.S. 2976a(b)) is amended, in the first sentence, by striking
``(and in the case'' and all that follows through ``of that
section)''.
SEC. 207. APPLICABILITY.
This title and the amendments made by this title shall apply with
respect to any letter of offer or license for export issued, or any
lease or loan made, after the date of the enactment of this Act.
TITLE III--NATIONAL EMERGENCIES ACT REFORM
SEC. 301. REQUIREMENTS RELATING TO DECLARATION AND RENEWAL OF NATIONAL
EMERGENCIES.
Section 201 of the National Emergencies Act (50 U.S.C. 1621) is
amended to read as follows:
``SEC. 201. DECLARATIONS AND RENEWALS 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.--
``(1) In general.--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--
``(A) a proclamation declaring a national emergency
under subsection (a); or
``(B) one or more Executive orders relating to the
emergency published in the Federal Register and
transmitted to Congress.
``(2) Limitations.--The President may--
``(A) specify under paragraph (1) only provisions
of law that make available powers and authorities that
relate to the nature of the national emergency; and
``(B) exercise such powers and authorities only to
address the national emergency.
``(c) Temporary Effective Periods.--
``(1) In general.--A declaration of a national emergency
under subsection (a) may last for 30 days from the issuance of
the proclamation (not counting the day on which the
proclamation was issued) 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.--Any power or
authority made available under a provision of law described in
subsection (a) and specified pursuant to subsection (b) may be
exercised for 30 days from the issuance of the proclamation or
Executive order (not counting the day on which such
proclamation or Executive order was issued). That power or
authority cannot be exercised once that 30-day period expires,
unless there is enacted into law a joint resolution of approval
under section 203 approving--
``(A) the proclamation of the national emergency or
the Executive order; and
``(B) the exercise of the power or authority
specified by the President in such proclamation or
Executive order.
``(3) Exception if congress is unable to convene.--If
Congress is physically unable to convene as a result of an
armed attack upon the United States or another national
emergency, the 30-day periods described in paragraphs (1) and
(2) shall begin on the first day Congress convenes for the
first time after the attack or other emergency.
``(d) 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 30-day period
described in subsection (c), or with respect to a national
emergency proposed to be renewed under subsection (e), 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 the same 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)(1)(B) 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.
``(e) Renewal of National Emergencies.--A national emergency
declared by the President under subsection (a) or previously renewed
under this subsection, and not already terminated pursuant to
subsection (c) or section 202(a), shall terminate on a date that is not
later than one year after the President transmitted to Congress the
proclamation declaring the emergency under subsection (a) or Congress
approved 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.
``(f) Effect of Future Laws.--No law enacted after the date of the
enactment of this Act shall supersede this title unless it does so in
specific terms, referring to this title, and declaring that the new law
supersedes the provisions of this title.''.
SEC. 302. TERMINATION OF NATIONAL EMERGENCIES.
Section 202 of the National Emergencies Act (50 U.S.C. 1622) is
amended to read as follows:
``SEC. 202. TERMINATION OF NATIONAL EMERGENCIES.
``(a) In General.--Any national emergency declared by the President
under section 201(a) shall terminate on the earliest of--
``(1) the date provided for in section 201(c);
``(2) the date on which Congress, by statute, terminates
the emergency;
``(3) the date on which the President issues a proclamation
terminating the emergency; or
``(4) the date provided for in section 201(e).
``(b) 5-Year Limitation.--Under no circumstances may a national
emergency declared by the President under section 201(a) continue on or
after the date that is 5 years after the date on which the national
emergency was first declared.
``(c) Effect of Termination.--
``(1) In general.--Effective on the date of the termination
of a national emergency under subsection (a) or (b)--
``(A) except as provided by paragraph (2), 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.
``(2) Savings provision.--The termination of a national
emergency shall not moot--
``(A) any legal action taken or pending legal
proceeding not finally concluded or determined on the
date of the termination under subsection (a) or (b); or
``(B) any legal action or legal proceeding based on
any act committed prior to that date.''.
SEC. 303. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
Title II of the National Emergencies Act (50 U.S.C. 1621 et seq.)
is amended by adding at the end the following:
``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
``(a) Joint Resolutions of Approval and of Termination.--
``(1) Definitions.--In this section:
``(A) Joint resolution of approval.--The term
`joint resolution of approval' means a joint resolution
that contains only the following provisions after its
resolving clause:
``(i) A provision approving--
``(I) a proclamation of a national
emergency made under section 201(a);
``(II) an Executive order issued
under section 201(b)(1)(B); or
``(III) an Executive order issued
under section 201(e).
``(ii) 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.--The term
`joint resolution of termination' means a joint
resolution terminating--
``(i) a national emergency declared under
section 201(a); or
``(ii) the exercise of any powers or
authorities pursuant to that emergency.
``(2) Procedures for consideration of joint resolutions of
approval.--
``(A) Introduction.--After the President transmits
to Congress a proclamation declaring a national
emergency under section 201(a), or an Executive order
renewing an emergency under section 201(e) or
specifying emergency powers or authorities under
section 201(b)(1)(B), a joint resolution of approval or
a joint resolution of termination may be introduced in
either House of Congress by any member of that House.
``(B) Requests to convene congress during
recesses.--If, when the President transmits to Congress
a proclamation declaring a national emergency under
section 201(a), or an Executive order renewing an
emergency under section 201(e) or specifying emergency
powers or authorities under section 201(b)(1)(B),
Congress has adjourned sine die or has adjourned for
any period in excess of 3 calendar days, the Speaker of
the House of Representatives and the President pro
tempore of the Senate, if they deem it advisable (or if
petitioned by at least one-third of the membership of
their respective Houses) shall jointly request the
President to convene Congress in order that it may
consider the proclamation or Executive order and take
appropriate action pursuant to this section.
``(C) Committee referral.--A joint resolution of
approval or a joint resolution of termination shall be
referred in each House of Congress to the committee or
committees having jurisdiction over the emergency
authorities invoked pursuant to the national emergency
that is the subject of the joint resolution.
``(D) Consideration in senate.--In the Senate, the
following rules shall apply:
``(i) Reporting and discharge.--If the
committee to which a joint resolution of
approval or a joint resolution of termination
has been referred has not reported it at the
end of 10 calendar 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 or a joint
resolution of termination is referred has
reported the resolution, or when that committee
is discharged under clause (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 to be
made, 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 or
the joint resolution of termination. 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 or a joint resolution of
termination shall be subject to 10 hours of
debate, to be divided evenly between the
proponents and opponents of the resolution.
``(iv) Amendments.--
``(I) In general.--Except as
provided in subclause (II), no
amendments shall be in order with
respect to a joint resolution of
approval or a joint resolution of
termination.
``(II) Amendments to strike or add
specified provisions of law.--Subclause
(I) shall not apply with respect to any
amendment to a joint resolution of
approval to strike from or add to the
list required by paragraph (1)(A)(ii) a
provision or provisions of law
specified by the President under
section 201(b) in the proclamation or
Executive order.
``(v) Motion to reconsider final vote.--A
motion to reconsider a vote on final passage of
a joint resolution of approval or of a joint
resolution of termination 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.
``(E) Consideration in house of representatives.--
In the House of Representatives, if any committee to
which a joint resolution of approval or a joint
resolution of termination has been referred has not
reported it to the House at the end of 10 calendar days
after its introduction, such committee shall be
discharged from further consideration of the joint
resolution, and it shall be placed on the appropriate
calendar. On Thursdays it shall be in order at any time
for the Speaker to recognize a Member who favors
passage of a joint resolution that has appeared on the
calendar for at least 3 calendar days to call up that
joint resolution for immediate consideration in the
House without intervention of any point of order. When
so called up a joint resolution shall be considered as
read and shall be debatable for 1 hour equally divided
and controlled by the proponent and an opponent, and
the previous question shall be considered as ordered to
its passage without intervening motion. It shall not be
in order to reconsider the vote on passage. If a vote
on final passage of the joint resolution has not been
taken on or before the close of the tenth calendar day
after the resolution is reported by the committee or
committees to which it was referred, or after such
committee or committees have been discharged from
further consideration of the resolution, such vote
shall be taken on that day.
``(F) Receipt of resolution from other house.--If,
before passing a joint resolution of approval or a
joint resolution of termination, one House receives
from the other House a joint resolution of approval or
a joint resolution of termination--
``(i) the joint resolution of the other
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
``(ii) the procedures set forth in
subparagraph (D) or (E), as applicable, shall
apply in the receiving House to the joint
resolution received from the other House to the
same extent as such procedures apply to a joint
resolution of the receiving House.
``(G) Rule of construction.--The enactment of a
joint resolution of approval or of a joint resolution
of termination under this subsection shall not be
interpreted to serve as a grant or modification by
Congress of statutory authority for the emergency
powers of the President.
``(b) Rules of the House and the Senate.--Subsection (a) 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 of approval, and
supersede 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. 304. REPORTING REQUIREMENTS.
Section 401 of the National Emergencies Act (50 U.S.C. 1641) is
amended by adding at the end the following:
``(d) Report on Emergencies.--The President shall transmit to
Congress, with any proclamation declaring a national emergency under
section 201(a), or Executive order renewing an emergency under section
201(e) or specifying emergency powers or authorities under section
201(b)(1)(B), a report, in writing, that includes 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.
``(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.
``(e) 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.
``(f) Periodic Reports on Status of Emergencies.--If the President
declares a national emergency under section 201(a), the President
shall, not less frequently than every 180 days for the duration of the
emergency, report to Congress on the status of the emergency and the
actions the President or other officers have taken and authorities the
President and such officers have relied on in addressing the emergency.
``(g) Final Report on Activities During National Emergency.--Not
later than 90 days after the termination under section 202 of a
national emergency declared under section 201(a), the President shall
transmit to Congress a final report describing--
``(1) the actions that the President or other officers took
to address the emergency; and
``(2) the powers and authorities the President and such
officers relied on to take such actions.
``(h) Public Disclosure.--Each report required by this section
shall be transmitted in unclassified form and be made public at the
same time the report is transmitted to Congress, although a classified
annex may be provided to Congress, if necessary.''.
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 ``if the national
emergency'' and all that follows through ``under this
section.'' and inserting the following: ``if--
``(1) the national emergency is terminated pursuant to
section 202(a)(2) of the National Emergencies Act; or
``(2) a joint resolution of approval is not enacted as
required by section 203 of that Act to approve--
``(A) the national emergency; or
``(B) the exercise of such authorities.''; and
(2) in subsection (c)(1), by striking ``paragraphs (A),
(B), and (C) of section 202(a)'' and inserting ``section
202(c)(2)''.
SEC. 306. APPLICABILITY.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title shall take effect on the date of
the enactment of this Act.
(b) Application to National Emergencies Previously Declared.--A
national emergency declared under section 201 of the National
Emergencies Act before the date of the enactment of this Act shall be
unaffected by the amendments made by this Act, except that such an
emergency shall terminate on the date that is not later than one year
after such date of enactment unless the emergency is renewed under
subsection (e) of such section 201, as amended by section 301 of this
Act.
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