II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Security Powers Act of 2021’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—WAR POWERS REFORM 

Sec. 101. Definitions. 


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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. 

1 TITLE I—WAR POWERS REFORM 

2 SEC. 101. DEFINITIONS. 

3 In this title: 

4 (1) COUNTRY.—The term ‘‘country’’, when 

5 used in a geographic sense, includes territories 

6 (whether or not disputed) and possessions, territorial 

7 waters, and airspace. 

8 (2) HOSTILITIES.—The term ‘‘hostilities’’ 

9 means any situation involving any use of lethal or 

10 potentially lethal force by or against United States 

11 forces (or, for purposes of paragraph 4(B), by or 

12 against foreign regular or irregular forces), irrespecVerDate Sep 11 2014 04:06 Jul 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2391.IS S2391

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1 tive of the domain, whether such force is deployed 

2 remotely, or the intermittency thereof. The term 

3 does not include activities undertaken pursuant to 

4 section 503 of the National Security Act of 1947 

5 (50 U.S.C. 5093) if such action is intended to have 

6 exclusively non-lethal effects. 

7 (3) HOSTILITIES REPORT.—The term ‘‘hos8 tilities report’’ means a written report that sets forth 

9 the following information: 

10 (A) The circumstances necessitating the 

11 introduction of United States forces into hos12 tilities or a situation where there is a serious 

13 risk thereof, or retaining them in a location 

14 where hostilities or the serious risk thereof has 

15 developed. 

16 (B) The estimated cost of such operations. 

17 (C) The specific legislative and constitu18 tional authority for such action. 

19 (D) Any international law implications re20 lated to such action if applicable. 

21 (E) The estimated scope and duration of 

22 the United States forces’ participation in hos23 tilities, including an accounting of the personnel 

24 and weapons to be deployed. 


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1 (F) The country or countries in which the 

2 operations or deployment of United States 

3 forces are to occur or are ongoing. 

4 (G) A description of their mission and the 

5 mission objectives that would indicate the mis6 sion is complete. 

7 (H) Any foreign partner forces or multilat8 eral organizations that may be involved in the 

9 operations. 

10 (I) The name of the specific country (or 

11 countries) or organized armed group (or 

12 groups) against which the use of force is au13 thorized. 

14 (J) The risk to United States forces or 

15 other United States persons or property in16 volved in the operations. 

17 (K) Any other information as may be re18 quired to fully inform Congress. 

19 (4) INTRODUCE.—The term ‘‘introduce’’ 

20 means— 

21 (A) with respect to hostilities or a situation 

22 where there is a serious risk of hostilities, any 

23 commitment, engagement, or other involvement 

24 of United States forces, whether or not consti25 tuting self-defense measures by United States 


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1 forces in response to an attack or serious risk 

2 thereof in any foreign country (including its air3 space, cyberspace, or territorial waters) or oth4 erwise outside the United States and whether 

5 or not United States forces are present or oper6 ating remotely launched, piloted, or directed at7 tacks; or 

8 (B) the assigning or detailing of members 

9 of United States forces to command, advise, as10 sist, accompany, coordinate, or provide logistical 

11 or material support or training for any foreign 

12 regular or irregular military forces if— 

13 (i) those foreign forces are involved in 

14 hostilities; and 

15 (ii) such activities by United States 

16 forces make the United States a party to 

17 a conflict or are more likely than not to do 

18 so. 

19 (5) SERIOUS RISK OF HOSTILITIES.—The term 

20 ‘‘serious risk of hostilities’’ means any situation 

21 where it is more likely than not that the United 

22 States forces will become engaged in hostilities, irre23 spective of whether the primary purpose of the mis24 sion is training or assistance. 


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1 (6) SPECIFIC STATUTORY AUTHORIZATION.— 

2 The term ‘‘specific statutory authorization’’ means 

3 any joint resolution or bill introduced after the date 

4 of the enactment of this Act and enacted into law 

5 to authorize the use of military force that includes, 

6 at a minimum, the following elements: 

7 (A) A clearly defined mission and oper8 ational objectives and the identities of all indi9 vidual countries or organized armed groups 

10 against which hostilities by the United States 

11 forces are authorized. 

12 (B) A requirement the President seek from 

13 the Congress a subsequent specific statutory 

14 authorization for any expansion of the mission 

15 to include new operational objectives, additional 

16 countries, or organized armed groups. 

17 (C) A termination of the authorization for 

18 such use of United States forces within two 

19 years absent the enactment of a subsequent 

20 specific statutory authorization for such use of 

21 United States forces. 

22 (D) In cases where the use of military 

23 force in a particular situation is being reauthor24 ized, an estimate and analysis prepared by the 

25 Congressional Budget Office of costs to United 


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1 States taxpayers to date of operations con2 ducted pursuant to the prior authorization or 

3 authorizations for that situation, and of pro4 spective costs to United States taxpayers for 

5 operations to be conducted pursuant to the pro6 posed authorization. 

7 (7) SUBSTANTIALLY ENLARGE.—The term 

8 ‘‘substantially enlarge’’ means, for any two-year pe9 riod, an increase in the number of United States 

10 forces that causes the total number of forces in a 

11 foreign country to exceed the lowest number of 

12 forces in that country during that period by 25 per13 cent or more, or any increase of 1,000 or more 

14 forces. Temporary duty and rotational forces shall 

15 be included in the number of United States forces 

16 for the purposes of this title. 

17 (8) TRAINING.—When used with respect to any 

18 foreign regular or irregular forces, the term ‘‘train19 ing’’ has the meaning given the term ‘‘military edu20 cation and training’’ in section 644 of the Foreign 

21 Assistance Act of 1961 (22 U.S.C. 2403), but does 

22 not include training that is focused entirely on ob23 servance of and respect for the law of armed con24 flict, human rights and fundamental freedoms, the 

25 rule of law, and civilian control of the military. 


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1 (9) UNITED STATES FORCES.—The term 

2 ‘‘United States forces’’ means any individuals em3 ployed by, or under contract to, or under the direc4 tion of, any department or agency of the United 

5 States Government who are— 

6 (A) deployed military or paramilitary per7 sonnel; or 

8 (B) military or paramilitary personnel who 

9 use lethal or potentially lethal force in the 

10 cyberspace domain. 

11 SEC. 102. POLICY. 

12 The constitutional authority of the President as Com13 mander-in-Chief to introduce United States Armed Forces 

14 into hostilities or into situations where there is a serious 

15 risk of hostilities shall be exercised only pursuant to— 

16 (1) a declaration of war; 

17 (2) specific statutory authorization; or 

18 (3) when necessary to repel a sudden attack, or 

19 the concrete, specific, and immediate threat of such 

20 a sudden attack upon the United States, its terri21 tories, or possessions, its armed forces, or other 

22 United States citizens overseas. 


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1 SEC. 103. SUNSET OF EXISTING AUTHORIZATIONS FOR THE 

2 USE OF MILITARY FORCE. 

3 Effective 180 days after the date of the enactment 

4 of this Act, the following laws are hereby repealed: 

5 (1) The Authorization for Use of Military Force 

6 Against Iraq Resolution of 2002 (Public Law 107– 

7 243; 116 Stat. 1498; 50 U.S.C. 1541 note). 

8 (2) The Authorization for Use of Military Force 

9 (Public Law 107–40; 50 U.S.C. 1541 note). 

10 (3) The Authorization for Use of Military Force 

11 Against Iraq (Public Law 102–1; 105 Stat. 3; 50 

12 U.S.C. 1541 note). 

13 (4) The 1957 Authorization for Use of Military 

14 Force in the Middle East (Public Law 87–5). 

15 SEC. 104. REPEAL OF THE WAR POWERS RESOLUTION. 

16 The War Powers Resolution (Public Law 93–148; 50 

17 U.S.C. 1541 et seq.) is hereby repealed. 

18 SEC. 105. NOTIFICATION. 

19 The President shall notify Congress, in writing, with20 in 48 hours after United States forces enter the territory, 

21 airspace, or waters of a foreign country— 

22 (1) while equipped for combat, except for de23 ployments which relate solely to transportation, sup24 ply, replacement, or training of such United States 

25 forces; or 


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1 (2) in numbers that substantially enlarge the 

2 number of United States forces already located in a 

3 foreign nation. 

4 SEC. 106. REQUIREMENT FOR AUTHORIZATION. 

5 (a) PRIOR AUTHORIZATION FOR CERTAIN ACTIVI6 TIES RELATING TO HOSTILITIES.—Except as provided in 

7 subsection (b), before introducing United States forces 

8 into hostilities or a situation where there is a serious risk 

9 of hostilities, the President shall provide a hostilities re10 port to Congress and obtain a specific statutory authoriza11 tion for such introduction. The President shall provide 

12 continuing hostilities reports to Congress 30 days after the 

13 initial report and every 30 days thereafter, in accordance 

14 with subsection (d). 

15 (b) AUTHORIZATION FOR CERTAIN ACTIVITIES RE16 LATING TO HOSTILITIES.—In cases where the President 

17 introduces United States forces into hostilities or a situa18 tion where there is a serious risk of hostilities either be19 cause of the need to repel a sudden attack upon the United 

20 States, its territories or possessions, its armed forces, or 

21 other United States citizens overseas or because the con22 crete, specific, and immediate threat of such a sudden at23 tack, and the time required to provide Congress with a 

24 briefing necessary to inform a vote to obtain prior author25 ization from Congress within 72 hours would prevent an 


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1 effective defense against the attack or threat of immediate 

2 attack, the President shall— 

3 (1) within 48 hours of ordering the introduction 

4 of United States forces into hostilities or a situation 

5 where there is a serious risk of hostilities, inform 

6 Congress of the President’s decision, describe the ac7 tion taken, the justification for proceeding without 

8 prior authorization, and certifying either that hos9 tilities have concluded or that they are continuing; 

10 and 

11 (2) not later than 7 calendar days after order12 ing the introduction of United States forces into 

13 hostilities or a situation where there is a serious risk 

14 of hostilities, submit to Congress a hostilities report 

15 and request for specific statutory authorization ex16 cept in cases where a certification is submitted to 

17 Congress that the President— 

18 (A) has withdrawn, removed, and otherwise 

19 ceased the use of United States forces from the 

20 situation that triggered this requirement; and 

21 (B) does not intend to reintroduce them. 

22 (c) TERMINATION OF ACTIVITIES RELATED TO HOS23 TILITIES.—If Congress does not enact a specific statutory 

24 authorization for United States forces to engage in hos25 tilities in response to a request in accordance with subVerDate Sep 11 2014 04:06 Jul 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2391.IS S2391

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1 section (b) within 20 days after the introduction of United 

2 States forces into hostilities or a situation where there is 

3 a serious risk of hostilities, the President shall withdraw, 

4 remove, and otherwise cease the use of United States 

5 forces. This 20-day period shall be extended for not more 

6 than an additional 10 days if the President determines, 

7 certifies, and justifies to Congress in writing that unavoid8 able military necessity involving the safety of the forces 

9 requires the continued use of the forces for the sole pur10 pose of bringing about their safe removal from hostilities. 

11 (d) CONTINUING HOSTILITIES REPORTS.—If the 

12 President obtains specific statutory authorization, the 

13 President shall continue to provide hostilities reports to 

14 Congress on the United States’ forces’ engagement or pos15 sible engagement in hostilities whenever there is a material 

16 change in the information previously reported under this 

17 section and in no event less frequently than every 30 days 

18 from the delivery of the first hostilities report. 

19 (e) FORM.—Any report submitted pursuant to sub20 section (a), (b), or (d) shall be submitted to Congress in 

21 unclassified form without any designation relating to dis22 semination control and may include a classified annex only 

23 to the extent required to protect the national security of 

24 the United States. 


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1 (f) TRANSMITTAL.—Each report submitted pursuant 

2 to subsection (a), (b), or (d) shall be transmitted to each 

3 house of Congress on the same calendar day. The report 

4 shall be— 

5 (1) referred to— 

6 (A) the Committee on Foreign Relations, 

7 the Committee on Armed Services, and the Se8 lect Committee on Intelligence of the Senate; 

9 and 

10 (B) the Committee on Foreign Affairs, the 

11 Committee on Armed Services, and the Perma12 nent Select Committee on Intelligence of the 

13 House of Representatives; and 

14 (2) made available to any member of Congress 

15 upon request. 

16 SEC. 107. EXPEDITED PROCEDURES FOR CONGRESSIONAL 

17 ACTION. 

18 (a) CONSIDERATION BY CONGRESS.—Any resolution 

19 of disapproval described in subsection (b) may be consid20 ered by Congress using the expedited procedures set forth 

21 in this section. 

22 (b) RESOLUTION OF DISAPPROVAL.—For purposes of 

23 this section, the term ‘‘resolution’’ means only a joint reso24 lution of the two Houses of Congress— 


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1 (1) the title of which is as follows: ‘‘A joint res2 olution disapproving of the use of the United States 

3 Armed Forces in the prosecution of certain con4 flict.’’; 

5 (2) which does not have a preamble; and 

6 (3) the sole matter after the resolving clause of 

7 which is as follows: ‘‘That Congress does not ap8 prove the use of military force in the prosecution of 

9 lllllll’’, with the blank space being filled 

10 with a description of the conflict concerned. 

11 (c) REFERRAL.—A resolution described in subsection 

12 (b) introduced in the Senate shall be referred to the Com13 mittee on Foreign Relations of the Senate. A resolution 

14 described in subsection (b) that is introduced in the House 

15 of Representatives shall be referred to the Committee on 

16 Foreign Affairs of the House of Representatives. 

17 (d) DISCHARGE.—If the committee to which a resolu18 tion described in subsection (b) is referred has not re19 ported such resolution (or an identical resolution) by the 

20 end of 10 calendar days beginning on the date of introduc21 tion, such committee shall be, at the end of such period, 

22 discharged from further consideration of such resolution, 

23 and such resolution shall be placed on the appropriate cal24 endar of the House involved. 

25 (e) CONSIDERATION.— 


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1 (1) IN GENERAL.—On or after the third cal2 endar day after the date on which the committee to 

3 which such a resolution is referred has reported, or 

4 has been discharged (under subsection (d)) from fur5 ther consideration of, such a resolution, it is in order 

6 (even though a previous motion to the same effect 

7 has been disagreed to) for any Member of the re8 spective House to move to proceed to the consider9 ation of the resolution. All points of order against 

10 the resolution (and against consideration of the reso11 lution) are waived. The motion is highly privileged in 

12 the House of Representatives and is privileged in the 

13 Senate and is not debatable. The motion is not sub14 ject to amendment, or to a motion to postpone, or 

15 to a motion to proceed to the consideration of other 

16 business. A motion to reconsider the vote by which 

17 the motion is agreed to or disagreed to shall not be 

18 in order. If a motion to proceed to the consideration 

19 of the resolution is agreed to, the respective House 

20 shall immediately proceed to consideration of the 

21 joint resolution without intervening motion, order, or 

22 other business, and the resolution shall remain the 

23 unfinished business of the respective House until 

24 disposed of. 


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1 (2) DEBATE.—Debate on the resolution, and on 

2 all debatable motions and appeals in connection 

3 therewith, shall be limited to not more than 10 

4 hours, which shall be divided equally between those 

5 favoring and those opposing the resolution. An 

6 amendment to the resolution is not in order. A mo7 tion further to limit debate is in order and not de8 batable. A motion to postpone, or a motion to pro9 ceed to the consideration of other business, or a mo10 tion to recommit the resolution is not in order. A 

11 motion to reconsider the vote by which the resolution 

12 is agreed to or disagreed to is not in order. 

13 (3) VOTE ON FINAL PASSAGE.—Immediately 

14 following the conclusion of the debate on the resolu15 tion and a single quorum call at the conclusion of 

16 the debate if requested in accordance with the rules 

17 of the appropriate House, the vote on final passage 

18 of the resolution shall occur. 

19 (4) APPEALS FROM DECISIONS OF CHAIR.—Ap20 peals from the decisions of the Chair relating to the 

21 application of the rules of the Senate or the House 

22 of Representatives, as the case may be, to the proce23 dure relating to a resolution shall be decided without 

24 debate. 

25 (f) CONSIDERATION BY OTHER HOUSE.— 


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1 (1) IN GENERAL.—If, before the passage by one 

2 House of a resolution of that House described in 

3 subsection (b), that House receives from the other 

4 House a resolution described in subsection (b), then 

5 the following procedures shall apply: 

6 (A) The resolution of the other House shall 

7 not be referred to a committee. 

8 (B)(i) The consideration as described in 

9 subsection (e) in that House shall be the same 

10 as if no resolution had been received from the 

11 other House; but 

12 (ii) The vote on final passage shall be on 

13 the resolution of the other House. 

14 (2) FOLLOWING DISPOSITION.—Upon disposi15 tion of the resolution received from the other House, 

16 it shall no longer be in order to consider the resolu17 tion that originated in the receiving House. 

18 (g) VETOES.—If the President vetoes a resolution, 

19 debate in the Senate of any veto message with respect to 

20 the resolution, including all debatable motions and appeals 

21 in connection with the resolution, shall be limited to 10 

22 hours, which shall be divided equally between those favor23 ing and those opposing the resolution. 

24 (h) RULES OF THE SENATE AND HOUSE OF REP25 RESENTATIVES.—This section is enacted by Congress— 


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1 (1) as an exercise of the rulemaking power of 

2 the Senate and the House of Representatives, re3 spectively, and as such it is deemed a part of the 

4 rules of each House, respectively, but applicable only 

5 with respect to the procedure to be followed in that 

6 House in the case of a resolution described in sub7 section (b), and it supersedes other rules only to the 

8 extent that it is inconsistent with such rules; and 

9 (2) with full recognition of the constitutional 

10 right of either House to change the rules (so far as 

11 relating to the procedure of that House) at any time, 

12 in the same manner, and to the same extent as in 

13 the case of any other rule of that House. 

14 SEC. 108. TERMINATION OF FUNDING. 

15 Notwithstanding any other provision of law, no funds 

16 appropriated or otherwise made available under any law 

17 may be obligated or expended for any activity by United 

18 States forces for which prior congressional authorization 

19 is required under this title but has not been obtained, or 

20 for which authorization is required under this title but has 

21 not been obtained by the deadline specified in section 

22 106(c) or for which a resolution of disapproval in accord23 ance with section 107(b) has been enacted into law. 


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1 SEC. 109. INTERPRETATION OF STATUTORY AUTHORITY 

2 REQUIREMENT. 

3 Statutory authority to introduce United States forces 

4 into hostilities or into situations where there is a serious 

5 risk of hostilities, or to retain them in a situation where 

6 hostilities or the serious risk thereof has developed, shall 

7 not be inferred— 

8 (1) from any provision of law, including any 

9 provision contained in any appropriation Act, unless 

10 such provision expressly authorizes such introduction 

11 or retention and states that it is intended to con12 stitute specific statutory authorization within the 

13 meaning of this title; or 

14 (2) from any source of international legal obli15 gation binding on the United States, including any 

16 resolution of the United Nations Security Council 

17 and any treaty ratified before, on, or after the date 

18 of the enactment of this Act, unless such treaty is 

19 implemented by legislation specifically authorizing 

20 such introduction or retention and stating that it is 

21 intended to constitute specific statutory authoriza22 tion within the meaning of this title. 

23 SEC. 110. SEPARABILITY CLAUSE. 

24 If any provision of this title or the application thereof 

25 to any person or circumstance is held invalid, the remain26 der of the resolution and the application of such provision 


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1 to any other person or circumstance shall not be affected 

2 thereby. 

3 TITLE II—ARMS EXPORT 

4 CONTROL 

5 SEC. 201. SHORT TITLE. 

6 This title may be cited as the ‘‘Arms Export Reform 

7 Act of 2021’’. 

8 SEC. 202. PURPOSE. 

9 It is the purpose of this title to ensure the proper 

10 role of Congress in national security decisions pertaining 

11 to sales, exports, leases, and loans of defense articles, es12 pecially with respect to armed conflict and human rights. 

13 SEC. 203. CONGRESSIONAL AUTHORIZATION OF ARMS 

14 SALES. 

15 (a) CERTIFICATION REQUIRED.— 

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law, in the case of a covered letter of 

18 offer, a covered application for a license, or a cov19 ered agreement, before such a letter of offer or li20 cense is issued or before such an agreement is en21 tered into or renewed, the President shall submit to 

22 Congress a certification described in paragraph (3). 

23 (2) COVERED LETTERS OF OFFERS, APPLICA24 TIONS FOR LICENSES, AND AGREEMENTS.—For pur25 poses of this subsection: 


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1 (A) A covered letter of offer is any letter 

2 of offer to sell under the Arms Export Control 

3 Act (22 U.S.C. 2751 et seq.) any item de4 scribed in subsection (c). 

5 (B) A covered application for a license is 

6 any application by a person (other than with re7 gard to a sale under section 21 or 22 of the 

8 Arms Export Control Act (22 U.S.C. 2761, 

9 2762)) for a license for the export of any item 

10 described in subsection (c). 

11 (C) A covered agreement is any agreement 

12 involving the lease under chapter 6 of the Arms 

13 Export Control Act (22 U.S.C. 2796 et seq.), or 

14 the loan under chapter 2 of part II of the For15 eign Assistance Act of 1961 (22 U.S.C. 2311 et 

16 seq.), of any item described in subsection (c) to 

17 any foreign country or international organiza18 tion for a period of one year or longer. 

19 (3) CERTIFICATION DESCRIBED.—A certifi20 cation described in this paragraph is a numbered 

21 certification containing the following: 

22 (A) In the case of a letter of offer to sell, 

23 the information described in section 36(b)(1) of 

24 the Arms Export Control Act (22 U.S.C. 

25 2776(b)(1)) and section 36(b)(2) of such Act, 


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1 as redesignated by section 206(a) of this Act, 

2 without regard to the dollar amount of such 

3 sale, except as specified in subsection (c). 

4 (B) In the case of a license for export 

5 (other than with regard to a sale under section 

6 21 or 22 of the Arms Export Control Act (22 

7 U.S.C. 2761, 2762)), the information described 

8 in section 36(c) of such Act (22 U.S.C. 

9 2776(c)), as amended by section 206(b) of this 

10 Act, without regard to the dollar amount of 

11 such export, except as specified in subsection 

12 (c). 

13 (C) In the case of a lease or loan agree14 ment, the information described in section 

15 62(a) of the Arms Export Control Act (22 

16 U.S.C. 2796a(a)), unless section 62(b) of such 

17 Act (22 U.S.C. 2796a(b)) applies, without re18 gard to the dollar amount of such lease or loan, 

19 except as specified in subsection (c). 

20 (b) CONGRESSIONAL AUTHORIZATION REQUIRED.— 

21 (1) PRIOR CONGRESSIONAL AUTHORIZATION.— 

22 No letter of offer may be issued under the Arms Ex23 port Control Act (22 U.S.C. 2751 et seq.) with re24 spect to a proposed sale of any item described in 

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1 nization (other than a country or international orga2 nization described in paragraph (2)), no license may 

3 be issued under such Act with respect to a proposed 

4 export of any such item to any such country or orga5 nization, and no lease may be made under chapter 

6 6 of such Act (22 U.S.C. 2796 et seq.) and no loan 

7 may be made under chapter 2 of part II of the For8 eign Assistance Act of 1961 (22 U.S.C. 2311 et 

9 seq.) of any such item to any such country or orga10 nization, unless there is enacted a joint resolution or 

11 other provision of law authorizing such sale, export, 

12 lease, or loan, as the case may be. 

13 (2) NATO AND CERTAIN COUNTRIES.—No let14 ter of offer or license described in paragraph (1) 

15 may be issued and no lease or loan described in such 

16 paragraph may be made with respect to a proposed 

17 sale, export, lease, or loan, as the case may be, of 

18 any item described in subsection (c) to the North 

19 Atlantic Treaty Organization (NATO), any member 

20 country of such organization, Australia, Japan, the 

21 Republic of Korea, Israel, New Zealand, or Taiwan, 

22 if, not later than 20 calendar days after receiving 

23 the appropriate certification, a joint resolution is en24 acted prohibiting the proposed sale, export, lease, or 

25 loan, as the case may be. 


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1 (c) ITEMS DESCRIBED.—The items described in this 

2 subsection are those items of types and classes as follows 

3 (including parts, components, and technical data): 

4 (1) Firearms and ammunition of $1,000,000 or 

5 more. 

6 (2) Air to ground munitions of $14,000,000 or 

7 more. 

8 (3) Tanks, armored vehicles, and related muni9 tions of $14,000,000 or more. 

10 (4) Fixed and rotary, manned or unmanned 

11 armed aircraft of $14,000,000 or more. 

12 (5) Services or training to security services of 

13 $14,000,000 or more. 

14 SEC. 204. PROCEDURES FOR CONSIDERATION OF JOINT 

15 RESOLUTION AUTHORIZING OR PROHIBITING 

16 ARMS SALES. 

17 (a) CONSIDERATION BY CONGRESS.—Any joint reso18 lution under section 203(b) shall be considered by Con19 gress using the expedited procedures set forth in section 

20 107(c)–(h). 

21 (b) FORM OF JOINT RESOLUTIONS.— 

22 (1) PRIOR CONGRESSIONAL AUTHORIZATION.— 

23 The joint resolution required by section 203(b)(1) is 

24 a joint resolution the text of which consists only of 

25 one or more sections, each of which reads as follows: 


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1 ‘‘The proposed lll to lll described in the 

2 certification submitted pursuant to section 203(a) of 

3 the Arms Export Reform Act of 2021, which was re4 ceived by Congress on lll (Transmittal number) 

5 is authorized.’’, with the appropriate activity, wheth6 er sale, export, lease, or loan, and the appropriate 

7 country or international organization, date, and 

8 transmittal number inserted. 

9 (2) NATO AND CERTAIN COUNTRIES.—The 

10 joint resolution required by section 203(b)(2) is a 

11 joint resolution the text of which consists of only one 

12 section, which reads as follows: ‘‘That the proposed 

13 lll to lll described in the certification sub14 mitted pursuant to section 203(a) of the Arms Ex15 port Reform Act of 2021, which was received by 

16 Congress on lll (Transmittal number) is not 

17 authorized.’’, with the appropriate activity, whether 

18 sale, export, lease, or loan, and the appropriate 

19 country or international organization, date, and the 

20 transmittal number inserted. 

21 SEC. 205. EMERGENCY PROCEDURES UNDER ARMS EXPORT 

22 CONTROL ACT. 

23 Section 36 of the Arms Export Control Act is amend24 ed by adding at the end the following: 


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1 ‘‘(j) RESTRICTION ON EMERGENCY AUTHORITY RE2 LATING TO ARMS SALES UNDER THIS ACT.—A deter3 mination of the President that an emergency exists requir4 ing a proposed transfer of defense articles or defense serv5 ices in the national security interests of the United States, 

6 thus waiving the congressional review requirements pursu7 ant to section 3 — 

8 ‘‘(1) shall apply only if— 

9 ‘‘(A) the President submits a determina10 tion and justification for each individual ap11 proval, letter of offer, or license for the defense 

12 articles or defense services that includes a spe13 cific and detailed description of how such waiv14 er of the congressional review requirements di15 rectly responds to or addresses the cir16 cumstances of the emergency cited in the deter17 mination; and 

18 ‘‘(B) the delivery of the defense articles or 

19 defense services will take place not later than 

20 60 days after the date on which such deter21 mination is made, unless otherwise authorized 

22 by Congress; and 

23 ‘‘(2) shall not apply in the case of defense arti24 cles or defense services that include manufacturing 


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1 or co-production of the articles or services outside 

2 the United States.’’. 

3 SEC. 206. CONFORMING AMENDMENTS. 

4 (a) GOVERNMENT-TO-GOVERNMENT SALES.— 

5 (1) IN GENERAL.—Section 36(b) of the Arms 

6 Export Control Act (22 U.S.C. 2776(b)) is amend7 ed— 

8 (A) in paragraph (1)— 

9 (i) in the matter preceding subpara10 graph (A), in the first sentence, by striking 

11 ‘‘Subject to paragraph (6)’’ and inserting 

12 ‘‘Subject to paragraph (4)’’; and 

13 (ii) in the flush text following sub14 paragraph (P), by striking the last 2 sen15 tences; 

16 (B) by striking paragraphs (2) and (3); 

17 (C) by redesignating paragraphs (4), (5), 

18 and (6) as paragraphs (2), (3), and (4), respec19 tively; 

20 (D) in subparagraph (C) of paragraph (3), 

21 as so redesignated, in the first sentence, by 

22 striking ‘‘Subject to paragraph (6)’’ and insert23 ing ‘‘Subject to paragraph (4)’’; and 

24 (E) in paragraph (4), as redesignated by 

25 subparagraph (C) of this paragraph, in the 


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1 matter preceding subparagraph (A), by striking 

2 ‘‘in paragraph (5)(C)’’ and inserting ‘‘in para3 graph (3)(C)’’. 

4 (2) CONFORMING AMENDMENT.—Section 

5 38(f)(5)(B)(ii) of such Act (22 U.S.C. 

6 2778(f)(5)(B)(ii)) is amended by striking ‘‘section 

7 36(b)(5)(A)’’ and inserting ‘‘section 36(b)(3)(A)’’. 

8 (b) COMMERCIALLY LICENSED SALES.—Section 

9 36(c) of such Act (22 U.S.C. 2776(c)) is amended— 

10 (1) in paragraph (1), in the first sentence, by 

11 striking ‘‘Subject to paragraph (5), in’’ and insert12 ing ‘‘In’’; 

13 (2) by striking paragraphs (2) through (5); and 

14 (3) by redesignating paragraph (6) as para15 graph (2). 

16 (c) LEGISLATIVE REVIEW OF LEASES AND LOANS.— 

17 (1) REPEAL.—Section 63 of such Act (22 

18 U.S.C. 2796b) is repealed. 

19 (2) CONFORMING AMENDMENT.—Section 62(b) 

20 of such Act (22 U.S. 2976a(b)) is amended, in the 

21 first sentence, by striking ‘‘(and in the case’’ and all 

22 that follows through ‘‘of that section)’’. 

23 SEC. 207. APPLICABILITY. 

24 This title and the amendments made by this title 

25 shall apply with respect to any letter of offer or license 


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1 for export issued, or any lease or loan made, after the date 

2 of the enactment of this Act. 

3 TITLE III—NATIONAL 

4 EMERGENCIES ACT REFORM 

5 SEC. 301. REQUIREMENTS RELATING TO DECLARATION 

6 AND RENEWAL OF NATIONAL EMERGENCIES. 

7 Section 201 of the National Emergencies Act (50 

8 U.S.C. 1621) is amended to read as follows: 

9 ‘‘SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL 

10 EMERGENCIES. 

11 ‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER12 GENCIES.—With respect to Acts of Congress authorizing 

13 the exercise, during the period of a national emergency, 

14 of any special or extraordinary power, the President is au15 thorized to declare such a national emergency by procla16 mation. Such proclamation shall immediately be trans17 mitted to Congress and published in the Federal Register. 

18 ‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE

19 EXERCISED.— 

20 ‘‘(1) IN GENERAL.—No powers or authorities 

21 made available by statute for use during the period 

22 of a national emergency shall be exercised unless 

23 and until the President specifies the provisions of 

24 law under which the President proposes that the 

25 President or other officers will act in— 


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1 ‘‘(A) a proclamation declaring a national 

2 emergency under subsection (a); or 

3 ‘‘(B) one or more Executive orders relating 

4 to the emergency published in the Federal Reg5 ister and transmitted to Congress. 

6 ‘‘(2) LIMITATIONS.—The President may— 

7 ‘‘(A) specify under paragraph (1) only pro8 visions of law that make available powers and 

9 authorities that relate to the nature of the na10 tional emergency; and 

11 ‘‘(B) exercise such powers and authorities 

12 only to address the national emergency. 

13 ‘‘(c) TEMPORARY EFFECTIVE PERIODS.— 

14 ‘‘(1) IN GENERAL.—A declaration of a national 

15 emergency under subsection (a) may last for 30 days 

16 from the issuance of the proclamation (not counting 

17 the day on which the proclamation was issued) and 

18 shall terminate when that 30-day period expires un19 less there is enacted into law a joint resolution of 

20 approval under section 203 with respect to the proc21 lamation. 

22 ‘‘(2) EXERCISE OF POWERS AND AUTHORI23 TIES.—Any power or authority made available under 

24 a provision of law described in subsection (a) and 

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1 cised for 30 days from the issuance of the proclama2 tion or Executive order (not counting the day on 

3 which such proclamation or Executive order was 

4 issued). That power or authority cannot be exercised 

5 once that 30-day period expires, unless there is en6 acted into law a joint resolution of approval under 

7 section 203 approving— 

8 ‘‘(A) the proclamation of the national 

9 emergency or the Executive order; and 

10 ‘‘(B) the exercise of the power or authority 

11 specified by the President in such proclamation 

12 or Executive order. 

13 ‘‘(3) EXCEPTION IF CONGRESS IS UNABLE TO

14 CONVENE.—If Congress is physically unable to con15 vene as a result of an armed attack upon the United 

16 States or another national emergency, the 30-day 

17 periods described in paragraphs (1) and (2) shall 

18 begin on the first day Congress convenes for the 

19 first time after the attack or other emergency. 

20 ‘‘(d) PROHIBITION ON SUBSEQUENT ACTIONS IF

21 EMERGENCIES NOT APPROVED.— 

22 ‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint 

23 resolution of approval is not enacted under section 

24 203 with respect to a national emergency before the 

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1 section (c), or with respect to a national emergency 

2 proposed to be renewed under subsection (e), the 

3 President may not, during the remainder of the term 

4 of office of that President, declare a subsequent na5 tional emergency under subsection (a) with respect 

6 to the same circumstances. 

7 ‘‘(2) EXERCISE OF AUTHORITIES.—If a joint 

8 resolution of approval is not enacted under section 

9 203 with respect to a power or authority specified by 

10 the President in a proclamation under subsection (a) 

11 or an Executive order under subsection (b)(1)(B) 

12 with respect to a national emergency, the President 

13 may not, during the remainder of the term of office 

14 of that President, exercise that power or authority 

15 with respect to that emergency. 

16 ‘‘(e) RENEWAL OF NATIONAL EMERGENCIES.—A na17 tional emergency declared by the President under sub18 section (a) or previously renewed under this subsection, 

19 and not already terminated pursuant to subsection (c) or 

20 section 202(a), shall terminate on a date that is not later 

21 than one year after the President transmitted to Congress 

22 the proclamation declaring the emergency under sub23 section (a) or Congress approved a previous renewal pur24 suant to this subsection, unless— 


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1 ‘‘(1) the President publishes in the Federal 

2 Register and transmits to Congress an Executive 

3 order renewing the emergency; and 

4 ‘‘(2) there is enacted into law a joint resolution 

5 of approval renewing the emergency pursuant to sec6 tion 203 before the termination of the emergency or 

7 previous renewal of the emergency. 

8 ‘‘(f) EFFECT OF FUTURE LAWS.—No law enacted 

9 after the date of the enactment of this Act shall supersede 

10 this title unless it does so in specific terms, referring to 

11 this title, and declaring that the new law supersedes the 

12 provisions of this title.’’. 

13 SEC. 302. TERMINATION OF NATIONAL EMERGENCIES. 

14 Section 202 of the National Emergencies Act (50 

15 U.S.C. 1622) is amended to read as follows: 

16 ‘‘SEC. 202. TERMINATION OF NATIONAL EMERGENCIES. 

17 ‘‘(a) IN GENERAL.—Any national emergency declared 

18 by the President under section 201(a) shall terminate on 

19 the earliest of— 

20 ‘‘(1) the date provided for in section 201(c); 

21 ‘‘(2) the date on which Congress, by statute, 

22 terminates the emergency; 

23 ‘‘(3) the date on which the President issues a 

24 proclamation terminating the emergency; or 

25 ‘‘(4) the date provided for in section 201(e). 


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1 ‘‘(b) 5-YEAR LIMITATION.—Under no circumstances 

2 may a national emergency declared by the President under 

3 section 201(a) continue on or after the date that is 5 years 

4 after the date on which the national emergency was first 

5 declared. 

6 ‘‘(c) EFFECT OF TERMINATION.— 

7 ‘‘(1) IN GENERAL.—Effective on the date of the 

8 termination of a national emergency under sub9 section (a) or (b)— 

10 ‘‘(A) except as provided by paragraph (2), 

11 any powers or authorities exercised by reason of 

12 the emergency shall cease to be exercised; 

13 ‘‘(B) any amounts reprogrammed or trans14 ferred under any provision of law with respect 

15 to the emergency that remain unobligated on 

16 that date shall be returned and made available 

17 for the purpose for which such amounts were 

18 appropriated; and 

19 ‘‘(C) any contracts entered into under any 

20 provision of law relating to the emergency shall 

21 be terminated. 

22 ‘‘(2) SAVINGS PROVISION.—The termination of 

23 a national emergency shall not moot— 

24 ‘‘(A) any legal action taken or pending 

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1 mined on the date of the termination under 

2 subsection (a) or (b); or 

3 ‘‘(B) any legal action or legal proceeding 

4 based on any act committed prior to that 

5 date.’’. 

6 SEC. 303. REVIEW BY CONGRESS OF NATIONAL EMER7 GENCIES. 

8 Title II of the National Emergencies Act (50 U.S.C. 

9 1621 et seq.) is amended by adding at the end the fol10 lowing: 

11 ‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER12 GENCIES. 

13 ‘‘(a) JOINT RESOLUTIONS OF APPROVAL AND OF

14 TERMINATION.— 

15 ‘‘(1) DEFINITIONS.—In this section: 

16 ‘‘(A) JOINT RESOLUTION OF APPROVAL.— 

17 The term ‘joint resolution of approval’ means a 

18 joint resolution that contains only the following 

19 provisions after its resolving clause: 

20 ‘‘(i) A provision approving— 

21 ‘‘(I) a proclamation of a national 

22 emergency made under section 201(a); 

23 ‘‘(II) an Executive order issued 

24 under section 201(b)(1)(B); or 


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1 ‘‘(III) an Executive order issued 

2 under section 201(e). 

3 ‘‘(ii) A provision approving a list of all 

4 or a portion of the provisions of law speci5 fied by the President under section 201(b) 

6 in the proclamation or Executive order 

7 that is the subject of the joint resolution. 

8 ‘‘(B) JOINT RESOLUTION OF TERMI9 NATION.—The term ‘joint resolution of termi10 nation’ means a joint resolution terminating— 

11 ‘‘(i) a national emergency declared 

12 under section 201(a); or 

13 ‘‘(ii) the exercise of any powers or au14 thorities pursuant to that emergency. 

15 ‘‘(2) PROCEDURES FOR CONSIDERATION OF

16 JOINT RESOLUTIONS OF APPROVAL.— 

17 ‘‘(A) INTRODUCTION.—After the President 

18 transmits to Congress a proclamation declaring 

19 a national emergency under section 201(a), or 

20 an Executive order renewing an emergency 

21 under section 201(e) or specifying emergency 

22 powers or authorities under section 

23 201(b)(1)(B), a joint resolution of approval or 

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1 duced in either House of Congress by any mem2 ber of that House. 

3 ‘‘(B) REQUESTS TO CONVENE CONGRESS

4 DURING RECESSES.—If, when the President 

5 transmits to Congress a proclamation declaring 

6 a national emergency under section 201(a), or 

7 an Executive order renewing an emergency 

8 under section 201(e) or specifying emergency 

9 powers or authorities under section 

10 201(b)(1)(B), Congress has adjourned sine die 

11 or has adjourned for any period in excess of 3 

12 calendar days, the Speaker of the House of 

13 Representatives and the President pro tempore 

14 of the Senate, if they deem it advisable (or if 

15 petitioned by at least one-third of the member16 ship of their respective Houses) shall jointly re17 quest the President to convene Congress in 

18 order that it may consider the proclamation or 

19 Executive order and take appropriate action 

20 pursuant to this section. 

21 ‘‘(C) COMMITTEE REFERRAL.—A joint res22 olution of approval or a joint resolution of ter23 mination shall be referred in each House of 

24 Congress to the committee or committees hav25 ing jurisdiction over the emergency authorities 


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1 invoked pursuant to the national emergency 

2 that is the subject of the joint resolution. 

3 ‘‘(D) CONSIDERATION IN SENATE.—In the 

4 Senate, the following rules shall apply: 

5 ‘‘(i) REPORTING AND DISCHARGE.—If 

6 the committee to which a joint resolution 

7 of approval or a joint resolution of termi8 nation has been referred has not reported 

9 it at the end of 10 calendar days after its 

10 introduction, that committee shall be auto11 matically discharged from further consider12 ation of the resolution and it shall be 

13 placed on the calendar. 

14 ‘‘(ii) PROCEEDING TO CONSIDER15 ATION.—Notwithstanding Rule XXII of 

16 the Standing Rules of the Senate, when 

17 the committee to which a joint resolution 

18 of approval or a joint resolution of termi19 nation is referred has reported the resolu20 tion, or when that committee is discharged 

21 under clause (i) from further consideration 

22 of the resolution, it is at any time there23 after in order (even though a previous mo24 tion to the same effect has been disagreed 

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1 ation of the joint resolution to be made, 

2 and all points of order against the joint 

3 resolution (and against consideration of 

4 the joint resolution) are waived. The mo5 tion to proceed is subject to 4 hours of de6 bate divided equally between those favoring 

7 and those opposing the joint resolution of 

8 approval or the joint resolution of termi9 nation. The motion is not subject to 

10 amendment, or to a motion to postpone, or 

11 to a motion to proceed to the consideration 

12 of other business. 

13 ‘‘(iii) FLOOR CONSIDERATION.—A 

14 joint resolution of approval or a joint reso15 lution of termination shall be subject to 10 

16 hours of debate, to be divided evenly be17 tween the proponents and opponents of the 

18 resolution. 

19 ‘‘(iv) AMENDMENTS.— 

20 ‘‘(I) IN GENERAL.—Except as 

21 provided in subclause (II), no amend22 ments shall be in order with respect to 

23 a joint resolution of approval or a 

24 joint resolution of termination. 


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1 ‘‘(II) AMENDMENTS TO STRIKE

2 OR ADD SPECIFIED PROVISIONS OF

3 LAW.—Subclause (I) shall not apply 

4 with respect to any amendment to a 

5 joint resolution of approval to strike 

6 from or add to the list required by 

7 paragraph (1)(A)(ii) a provision or 

8 provisions of law specified by the 

9 President under section 201(b) in the 

10 proclamation or Executive order. 

11 ‘‘(v) MOTION TO RECONSIDER FINAL

12 VOTE.—A motion to reconsider a vote on 

13 final passage of a joint resolution of ap14 proval or of a joint resolution of termi15 nation shall not be in order. 

16 ‘‘(vi) APPEALS.—Points of order, in17 cluding questions of relevancy, and appeals 

18 from the decision of the Presiding Officer, 

19 shall be decided without debate. 

20 ‘‘(E) CONSIDERATION IN HOUSE OF REP21 RESENTATIVES.—In the House of Representa22 tives, if any committee to which a joint resolu23 tion of approval or a joint resolution of termi24 nation has been referred has not reported it to 

25 the House at the end of 10 calendar days after 


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1 its introduction, such committee shall be dis2 charged from further consideration of the joint 

3 resolution, and it shall be placed on the appro4 priate calendar. On Thursdays it shall be in 

5 order at any time for the Speaker to recognize 

6 a Member who favors passage of a joint resolu7 tion that has appeared on the calendar for at 

8 least 3 calendar days to call up that joint reso9 lution for immediate consideration in the House 

10 without intervention of any point of order. 

11 When so called up a joint resolution shall be 

12 considered as read and shall be debatable for 1 

13 hour equally divided and controlled by the pro14 ponent and an opponent, and the previous ques15 tion shall be considered as ordered to its pas16 sage without intervening motion. It shall not be 

17 in order to reconsider the vote on passage. If a 

18 vote on final passage of the joint resolution has 

19 not been taken on or before the close of the 

20 tenth calendar day after the resolution is re21 ported by the committee or committees to which 

22 it was referred, or after such committee or com23 mittees have been discharged from further con24 sideration of the resolution, such vote shall be 

25 taken on that day. 


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1 ‘‘(F) RECEIPT OF RESOLUTION FROM

2 OTHER HOUSE.—If, before passing a joint reso3 lution of approval or a joint resolution of termi4 nation, one House receives from the other 

5 House a joint resolution of approval or a joint 

6 resolution of termination— 

7 ‘‘(i) the joint resolution of the other 

8 House shall not be referred to a committee 

9 and shall be deemed to have been dis10 charged from committee on the day it is 

11 received; and 

12 ‘‘(ii) the procedures set forth in sub13 paragraph (D) or (E), as applicable, shall 

14 apply in the receiving House to the joint 

15 resolution received from the other House 

16 to the same extent as such procedures 

17 apply to a joint resolution of the receiving 

18 House. 

19 ‘‘(G) RULE OF CONSTRUCTION.—The en20 actment of a joint resolution of approval or of 

21 a joint resolution of termination under this sub22 section shall not be interpreted to serve as a 

23 grant or modification by Congress of statutory 

24 authority for the emergency powers of the 

25 President. 


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1 ‘‘(b) RULES OF THE HOUSE AND THE SENATE.— 

2 Subsection (a) is enacted by Congress— 

3 ‘‘(1) as an exercise of the rulemaking power of 

4 the Senate and the House of Representatives, re5 spectively, and as such is deemed a part of the rules 

6 of each House, respectively, but applicable only with 

7 respect to the procedure to be followed in the House 

8 in the case of joint resolutions of approval, and su9 persede other rules only to the extent that it is in10 consistent with such other rules; and 

11 ‘‘(2) with full recognition of the constitutional 

12 right of either House to change the rules (so far as 

13 relating to the procedure of that House) at any time, 

14 in the same manner, and to the same extent as in 

15 the case of any other rule of that House.’’. 

16 SEC. 304. REPORTING REQUIREMENTS. 

17 Section 401 of the National Emergencies Act (50 

18 U.S.C. 1641) is amended by adding at the end the fol19 lowing: 

20 ‘‘(d) REPORT ON EMERGENCIES.—The President 

21 shall transmit to Congress, with any proclamation declar22 ing a national emergency under section 201(a), or Execu23 tive order renewing an emergency under section 201(e) or 

24 specifying emergency powers or authorities under section 


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1 201(b)(1)(B), a report, in writing, that includes the fol2 lowing: 

3 ‘‘(1) A description of the circumstances necessi4 tating the declaration of a national emergency, the 

5 renewal of such an emergency, or the use of a new 

6 emergency authority specified in the Executive 

7 order, as the case may be. 

8 ‘‘(2) The estimated duration of the national 

9 emergency. 

10 ‘‘(3) A summary of the actions the President or 

11 other officers intend to take, including any re12 programming or transfer of funds, and the statutory 

13 authorities the President and such officers expect to 

14 rely on in addressing the national emergency. 

15 ‘‘(4) In the case of a renewal of a national 

16 emergency, a summary of the actions the President 

17 or other officers have taken in the preceding one18 year period, including any reprogramming or trans19 fer of funds, to address the emergency. 

20 ‘‘(e) PROVISION OF INFORMATION TO CONGRESS.— 

21 The President shall provide to Congress such other infor22 mation as Congress may request in connection with any 

23 national emergency in effect under title II. 

24 ‘‘(f) PERIODIC REPORTS ON STATUS OF EMER25 GENCIES.—If the President declares a national emergency 


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1 under section 201(a), the President shall, not less fre2 quently than every 180 days for the duration of the emer3 gency, report to Congress on the status of the emergency 

4 and the actions the President or other officers have taken 

5 and authorities the President and such officers have relied 

6 on in addressing the emergency. 

7 ‘‘(g) FINAL REPORT ON ACTIVITIES DURING NA8 TIONAL EMERGENCY.—Not later than 90 days after the 

9 termination under section 202 of a national emergency de10 clared under section 201(a), the President shall transmit 

11 to Congress a final report describing— 

12 ‘‘(1) the actions that the President or other of13 ficers took to address the emergency; and 

14 ‘‘(2) the powers and authorities the President 

15 and such officers relied on to take such actions. 

16 ‘‘(h) PUBLIC DISCLOSURE.—Each report required by 

17 this section shall be transmitted in unclassified form and 

18 be made public at the same time the report is transmitted 

19 to Congress, although a classified annex may be provided 

20 to Congress, if necessary.’’. 

21 SEC. 305. CONFORMING AMENDMENTS. 

22 (a) NATIONAL EMERGENCIES ACT.—Title III of the 

23 National Emergencies Act (50 U.S.C. 1631) is repealed. 


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1 (b) INTERNATIONAL EMERGENCY ECONOMIC POW2 ERS ACT.—Section 207 of the International Emergency 

3 Economic Powers Act (50 U.S.C. 1706) is amended— 

4 (1) in subsection (b), by striking ‘‘if the na5 tional emergency’’ and all that follows through 

6 ‘‘under this section.’’ and inserting the following: 

7 ‘‘if— 

8 ‘‘(1) the national emergency is terminated pur9 suant to section 202(a)(2) of the National Emer10 gencies Act; or 

11 ‘‘(2) a joint resolution of approval is not en12 acted as required by section 203 of that Act to ap13 prove— 

14 ‘‘(A) the national emergency; or 

15 ‘‘(B) the exercise of such authorities.’’; and 

16 (2) in subsection (c)(1), by striking ‘‘para17 graphs (A), (B), and (C) of section 202(a)’’ and in18 serting ‘‘section 202(c)(2)’’. 

19 SEC. 306. APPLICABILITY. 

20 (a) IN GENERAL.—Except as provided in subsection 

21 (b), this title and the amendments made by this title shall 

22 take effect on the date of the enactment of this Act. 

23 (b) APPLICATION TO NATIONAL EMERGENCIES PRE24 VIOUSLY DECLARED.—A national emergency declared 

25 under section 201 of the National Emergencies Act before 


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•S 2391 IS

1 the date of the enactment of this Act shall be unaffected 

2 by the amendments made by this Act, except that such 

3 an emergency shall terminate on the date that is not later 

4 than one year after such date of enactment unless the 

5 emergency is renewed under subsection (e) of such section 

6 201, as amended by section 301 of this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS