I 
118TH CONGRESS 
1ST SESSION H. R. 4928 
To provide for clarification and limitations with respect to the exercise of 
national security powers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2023 
Mr. MCGOVERN (for himself and Ms. MACE) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
to the Committees on Transportation and Infrastructure, and Rules, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide for clarification and limitations with respect to 
the exercise of national security powers, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Security Reforms and Accountability Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—WAR POWERS REFORM 
Sec. 101. Short title. 
Sec. 102. Purpose and policy. 
Sec. 103. Consultation and notification. 
Sec. 104. Specific statutory authorization required. 
Sec. 105. Congressional priority procedures for joint resolution. 
Sec. 106. Interpretation of joint resolution. 
Sec. 107. Judicial review. 
Sec. 108. Termination of funding; termination of use of military force. 
Sec. 109. Law of Armed Conflict, international humanitarian law, and the trea-
ty obligations of the United States. 
Sec. 110. Definitions. 
TITLE II—ARMS EXPORT REFORM 
Sec. 201. Short title. 
Sec. 202. Congressional review and approval of certain sales, exports, leases, 
and loans of defense articles and services. 
Sec. 203. Prohibition on transfer of defense articles and defense services to 
countries that commit genocide or violations of international 
humanitarian law. 
TITLE III—NATIONAL EMERGENCIES REFORM ACT 
Sec. 301. Short title. 
Sec. 302. Congressional review of national emergencies. 
Sec. 303. Reporting requirements. 
Sec. 304. Disclosures to Congress of presidential documents relating to emer-
gency actions. 
Sec. 305. Conforming amendments. 
Sec. 306. Effective date; applicability. 
TITLE I—WAR POWERS REFORM 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘War Powers Resolu-
tion Modernization and Accountability Act’’. 
SEC. 102. PURPOSE AND POLICY. 
Section 2 of the War Powers Resolution (50 U.S.C. 
1541) is amended— 
(1) in subsection (a), by striking ‘‘imminent in-
volvement in hostilities is clearly indicated by the 
circumstances’’ and inserting ‘‘there is a serious risk 
of hostilities’’; 
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(2) in subsection (b), by inserting ‘‘declare war, 
exercise enumerated war powers, and’’ after ‘‘Con-
gress shall have the power to’’; and 
(3) in subsection (c)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘powers’’ and inserting 
‘‘authority’’; and 
(ii) by striking ‘‘imminent involvement 
in hostilities is clearly indicated by the cir-
cumstances’’ and inserting ‘‘there is a seri-
ous risk of hostilities’’; and 
(B) by amending paragraph (3) to read as 
follows: ‘‘(3) when necessary to repel a sudden 
attack, or respond to a concrete, specific, and 
immediate threat of such a sudden attack upon 
the United States, its territories or possessions, 
United States forces, or United States citi-
zens.’’. 
SEC. 103. CONSULTATION AND NOTIFICATION. 
Section 3 of the War Powers Resolution (50 U.S.C. 
1542) is amended— 
(1) in the section heading, by inserting ‘‘AND 
NOTIFICATION’’ after ‘‘CONSULTATION’’; 
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(2) by striking ‘‘The President’’ and inserting 
‘‘(a) The President’’; 
(3) by inserting ‘‘, including with the appro-
priate congressional committees and leadership,’’ 
after ‘‘consult with Congress’’; 
(4) by striking ‘‘imminent involvement in hos-
tilities is clearly indicated by the circumstances’’ and 
inserting ‘‘there is a serious risk of hostilities’’; 
(5) by striking ‘‘until United States Armed 
Forces’’ and inserting ‘‘, including submitting to the 
appropriate congressional committees and leadership 
any and all information and materials relied on to 
justify the decision to introduce and continue the de-
ployment of United States forces, until such forces’’; 
and 
(6) by adding at the end the following: 
‘‘(b) The President shall notify the Congress, includ-
ing the appropriate congressional committees and leader-
ship— 
‘‘(1) before United States forces are introduced 
into the territory, airspace, or waters of a foreign 
country while equipped for combat, except with re-
spect to deployments that relate solely to supply, re-
placement, repair, or training of such forces; and 
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‘‘(2) before United States forces are introduced 
into the territory, airspace, or waters of a foreign 
country in which there are already United States 
forces equipped for combat if the introduction of 
such forces would substantially enlarge the overall 
number of United States forces equipped for combat 
located in that country or otherwise substantially in-
crease the military capabilities of United States 
forces. 
‘‘(c) In the event that circumstances prohibit the no-
tification required by subsection (b) prior to the introduc-
tion of United States forces, the President shall provide 
such notification not later than 48 hours after such intro-
duction, including an explanation of why it could not be 
offered prior to such introduction. 
‘‘(d) The notification required by subsection (b) or 
(c) shall include, at a minimum, the circumstances necessi-
tating the introduction of United States forces, the statu-
tory or constitutional authority for such introduction, and 
the expected scope and duration of the use of such 
forces.’’. 
SEC. 
104. 
SPECIFIC 
STATUTORY 
AUTHORIZATION 
RE-
QUIRED. 
The War Powers Resolution (50 U.S.C. 1541 et seq.) 
is amended— 
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(1) by striking sections 4, 5, 6, and 7; 
(2) by redesignating sections 8, 9, and 10 as 
sections 6, 11, and 12, respectively; and 
(3) by inserting after section 3 the following: 
‘‘SPECIFIC STATUTORY AUTHORIZATION REQUIRED 
‘‘SEC. 4. (a) In the absence of a declaration of war, 
and except as provided in subsection (b), United States 
forces may be introduced into hostilities or into situations 
where there is a serious risk of hostilities only if, before 
introducing such forces— 
‘‘(1) the President submits to the appropriate 
congressional committees and leadership an initial 
report in accordance with the requirements of sub-
section (d)(1) for the use of such forces; and 
‘‘(2) the Congress enacts a specific statutory 
authorization for the use of such forces. 
‘‘(b)(1) In the absence of a declaration of war, in any 
case in which United States forces are introduced into hos-
tilities or into situations where there is a serious risk of 
hostilities— 
‘‘(A) when necessary to repel a sudden attack, 
or respond to a concrete, specific, and immediate 
threat of such a sudden attack, upon the territory, 
airspace, or waters of the United States, United 
States forces, or United States citizens; and 
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‘‘(B) the time required to obtain prior specific 
statutory authorization for the use of such forces as 
required under subsection (a) would prevent an ef-
fective defense against the attack or threat of at-
tack, 
the President shall, not later than 48 hours after ordering 
the use of such forces, inform the appropriate congres-
sional committees and leadership of the President’s deci-
sion and describe the use of such forces, the justification 
for the use of such forces without prior specific statutory 
authorization, and certify whether hostilities have con-
cluded or are continuing. 
‘‘(2)(A) Except as provided in subparagraph (B), not 
later than seven calendar days after ordering the use of 
United States forces as described in paragraph (1), the 
President shall submit to the appropriate congressional 
committees and leadership— 
‘‘(i) a request for specific statutory authoriza-
tion for the use of such forces; and 
‘‘(ii) a report that meets the requirements of 
subsection (d)(1)(B). 
‘‘(B) The requirement to submit a request for specific 
statutory authorization for the use of United States forces 
under subparagraph (A) shall not apply in any case in 
which the President— 
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‘‘(i) has withdrawn, removed, or otherwise 
ceased the use of such forces; and 
‘‘(ii) has certified to the appropriate congres-
sional committees and leadership that the President 
does not anticipate introducing United States forces 
into hostilities or into situations where there is a se-
rious risk of hostilities for a substantially similar 
purpose. 
‘‘(c)(1) If the Congress does not enact a specific stat-
utory authorization for the use of United States forces 
under subsection (b) within 20 days of the introduction 
of such forces into hostilities or a situation where there 
is a serious risk of hostilities, the President shall with-
draw, remove, or otherwise cease the use of such forces. 
‘‘(2) The 20-day period described in paragraph (1) 
shall be extended for not more than an additional 10 days 
if the President determines and certifies to the Congress 
in writing that unavoidable military necessity respecting 
the safety of such forces requires the continued use of 
such forces for the sole purpose of bringing about the safe 
removal of such forces. 
‘‘(d)(1)(A) If the Congress does enact a specific stat-
utory authorization for the use of United States forces 
under subsection (a) or (b), the President shall submit to 
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the appropriate congressional committees and leadership 
a report in writing on the use of such forces— 
‘‘(i) not less frequently than every 30 days; and 
‘‘(ii) as new information becomes available or 
whenever there is a material change in the informa-
tion previously reported under this paragraph. 
‘‘(B) The report required by subparagraph (A) shall, 
with respect to each use of United States forces, include 
the following: 
‘‘(i) The circumstances necessitating the use of 
such forces. 
‘‘(ii) An identification of enemy and opposing 
forces. 
‘‘(iii) The specific United States constitutional 
and statutory authorities and international law au-
thorities for the use of such forces with respect to 
each enemy and opposing force identified pursuant 
to clause (ii), including an explanation of whether 
the use of such forces is consistent with existing 
United States international legal obligations. 
‘‘(iv) The total cost of the use of such forces 
since the introduction of such forces into hostilities 
or into situations where there is a serious risk of 
hostilities. 
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‘‘(v) The estimated scope and duration of the 
use of such forces, including the personnel and 
weapons to be deployed. 
‘‘(vi) The country or countries in which such 
forces are deployed. 
‘‘(vii) A description of— 
‘‘(I) the mission of such forces; 
‘‘(II) the outcomes or benchmarks that 
would indicate the mission is complete; and 
‘‘(III) the length of time it is expected to 
take to meet the objectives of the mission. 
‘‘(viii) An identification of United States allied 
or partner forces or multilateral organizations that 
are or may be involved in the deployment. 
‘‘(ix) The risk to United States persons or 
property involved in the deployment. 
‘‘(x) Any other information as may be required 
to fully inform Congress. 
‘‘(C) The report required by subparagraph (A)— 
‘‘(i) shall be submitted in unclassified form 
without any designation relating to dissemination 
control; and 
‘‘(ii) may include a classified annex only to the 
extent required to protect the national security of 
the United States. 
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‘‘(2) If the Congress does enact a specific statutory 
authorization for the use of United States forces under 
subsection (a) or (b), the Director of the Congressional 
Budget Office shall submit to the appropriate congres-
sional committees and leadership— 
‘‘(A) a report in writing that contains an anal-
ysis and estimate of the costs of such use of forces 
not less frequently than every 180 days until termi-
nation of the specific statutory authorization; and 
‘‘(B) a report in writing that contains a final 
analysis of the costs of such use of forces not later 
than 30 days after the date of termination of the 
specific statutory authorization. 
‘‘(e) In the event hostilities in which United States 
forces are engaged extend to a country, organization, or 
enemy or opposing force that is not identified in a specific 
statutory authorization pursuant to which United States 
forces are operating— 
‘‘(1) such extension shall be deemed to con-
stitute a separate introduction of United States 
forces into hostilities within the meaning of section 
3 and this section, including with respect to the limi-
tations and consultation, notification, and reporting 
requirements described in such sections; and 
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‘‘(2) such forces may continue to engage in 
such hostilities only if a new specific statutory au-
thorization is enacted into law in accordance with 
subsection (a) or (b), as applicable, with respect to 
such country, organization, or enemy or opposing 
force. 
‘‘(f)(1) Notwithstanding subsections (a) and (b), at 
any time during which United States forces are engaged 
in hostilities without a declaration of war or pursuant to 
a specific statutory authorization under subsection (a) or 
(b) before the expiration of the time period specified in 
paragraph (1) or (2) of subsection (c), as applicable, such 
forces shall be removed by the President if the Congress 
enacts a joint resolution directing the President to so re-
move such forces. 
‘‘(2) The expedited procedures described in section 5 
shall apply with respect to a joint resolution described in 
this subsection.’’. 
SEC. 105. CONGRESSIONAL PRIORITY PROCEDURES FOR 
JOINT RESOLUTION. 
The War Powers Resolution, as amended by this Act, 
is further amended by inserting after section 4 the fol-
lowing: 
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‘‘CONGRESSIONAL PRIORITY PROCEDURES FOR JOINT 
RESOLUTION 
‘‘SEC. 5. (a) Any joint resolution introduced to pro-
vide specific statutory authorization under section 4(a) or 
under section 4(b) before the expiration of the time period 
specified in paragraph (1) or (2) of section 4(c) shall be 
referred to the committee of jurisdiction of the House of 
Representatives or of the Senate, as applicable, and such 
committee shall report one such joint resolution, together 
with its recommendations. If a committee of the House 
to which such joint resolution has been referred has not 
reported it, within 10 legislative days in the House of Rep-
resentatives or 10 session days in the Senate after the date 
of referral, that committee shall be discharged from fur-
ther consideration. 
‘‘(b) In the House of Representatives: 
‘‘(1) Between the third legislative day and the 
13th legislative day after the committee of jurisdic-
tion reports the joint resolution to the House or has 
been discharged from further consideration thereof, 
it shall be in order for the chair of the committee 
of jurisdiction (or a designee) or the sponsor of such 
joint resolution (or a designee) to announce his or 
her intent to offer a motion to proceed and to move 
to proceed to consider the joint resolution, except 
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that the chair of the committee (or a designee) shall 
have priority in recognition to offer the motion fol-
lowed by the sponsor. 
‘‘(2) All points of order against such motion are 
waived, except that such a motion shall not be in 
order after the House has disposed of the same joint 
resolution. A motion to proceed to consider any 
other joint resolution introduced to provide specific 
statutory authorization under section 4(a) or under 
section 4(b) authorizing the use of United States 
forces for the same purpose as the joint resolution 
described in preceding sentence shall not be in order 
after a motion to proceed on the joint resolution de-
scribed in the preceding sentence has been offered. 
‘‘(3) Such motion to proceed shall be scheduled 
within two legislative days after the date of such an-
nouncement. 
‘‘(4) The previous question shall be considered 
as ordered on the motion to its adoption without in-
tervening motion except 20 minutes of debate equal-
ly divided and controlled by a proponent and an op-
ponent. A motion to reconsider the vote by which the 
motion is disposed of shall not be in order. The mo-
tion to proceed shall be subject to a motion to table. 
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‘‘(5) Upon adoption of the motion to proceed, 
such joint resolution shall be considered as read. All 
points of order against such joint resolution, and 
against its consideration, are waived. The previous 
question shall be considered as ordered on such joint 
resolution to final passage without intervening mo-
tion, except that two hours of debate shall be equally 
divided and controlled by— 
‘‘(A) the chair of the committee of jurisdic-
tion (or a designee) and the ranking member of 
that committee (or a designee); or 
‘‘(B) if the sponsor of the such joint reso-
lution made the motion to proceed, the sponsor 
(or a designee) and an opponent. 
‘‘(6) A motion to reconsider the vote on passage 
of such joint resolution shall not be in order. 
‘‘(c) In the Senate— 
‘‘(1) Notwithstanding Rule XXII of the Stand-
ing Rules of the Senate, it is in order at any time 
after the Committee on Foreign Relations reports 
such joint resolution to the Senate or has been dis-
charged from its consideration (even though a pre-
vious motion to the same effect has been disagreed 
to) to move to proceed to the consideration of such 
joint resolution, and all points of order against such 
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joint resolution or against its consideration, are 
waived. The motion to proceed is not debatable. The 
motion is not subject to a motion to postpone. A mo-
tion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If 
a motion to proceed to the consideration of such 
joint resolution is agreed to, the joint resolution 
shall remain the unfinished business until disposed 
of. 
‘‘(2) Debate on such joint resolution, and on all 
debatable motions and appeals in connection there-
with, shall be limited to not more than 10 hours, 
which shall be divided equally between the majority 
and minority leaders or their designees. A motion to 
further limit debate is in order and not debatable. 
An amendment to, or a motion to postpone, or a mo-
tion to proceed to the consideration of other busi-
ness, or a motion to recommit the joint resolution is 
not in order. 
‘‘(3) The vote on passage shall occur imme-
diately following the conclusion of the debate on 
such joint resolution and a single quorum call at the 
conclusion of the debate, if requested in accordance 
with the rules of the Senate. 
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‘‘(4) Appeals from the decisions of the Chair re-
lating to the application of the rules of the Senate, 
as the case may be, to the procedure relating to such 
joint resolution shall be decided without debate. 
‘‘(5) Debate in the Senate of any veto message 
with respect to such resolution, including all debat-
able motions and appeals in connection with such 
resolution, shall be limited to 10 hours, to be equally 
divided between, and controlled by, the majority 
leader and the minority leader or their designees. 
‘‘(d)(1) If, before passage by one House of a joint 
resolution of that House, that House receives a joint reso-
lution to provide specific statutory authorization from the 
other House, then the following procedures shall apply: 
‘‘(A) The joint resolution of the other House 
shall not be referred to a committee. 
‘‘(B) With respect to the joint resolution of the 
House receiving the legislation— 
‘‘(i) the procedure in that House shall be 
the same as if no joint resolution had been re-
ceived from the other House; but 
‘‘(ii) the vote on passage shall be on the 
joint resolution of the other House. 
‘‘(2) If one House fails to introduce a joint resolution 
to provide specific statutory authorization under section 
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4(a) or under section 4(b), the joint resolution of the other 
House shall be entitled to expedited floor procedures under 
this section. 
‘‘(3) If, following passage of the joint resolution in 
the Senate, the Senate then receives a joint resolution to 
provide specific statutory authorization from the House of 
Representatives, the joint resolution shall not be debat-
able. 
‘‘(4) The provisions of this subsection shall not apply 
in the House of Representatives to a joint resolution which 
is a revenue measure. 
‘‘(e) This section is enacted by Congress— 
‘‘(1) as an exercise of the rulemaking power of 
the Senate and the House of Representatives, re-
spectively, and as such are deemed a part of the 
rules of each House, respectively, but applicable only 
with respect to the procedure to be followed in that 
House in the case of legislation described in those 
sections, and supersede other rules only to the ex-
tent that they are inconsistent with such rules; and 
‘‘(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner, and to the same extent as in 
the case of any other rule of that House.’’. 
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SEC. 106. INTERPRETATION OF JOINT RESOLUTION. 
Section 6 of the War Powers Resolution, as redesig-
nated by section 104(2), is amended to read as follows: 
‘‘INTERPRETATION OF JOINT RESOLUTION 
‘‘SEC. 6. (a) Specific statutory authorization for the 
use of United States forces shall not be inferred— 
‘‘(1) from any provision of law, including any 
provision contained in any appropriations Act, unless 
such provision expressly authorizes the use of such 
forces and states that it is intended to constitute 
specific statutory authorization within the meaning 
of this joint resolution; or 
‘‘(2) from any source of international legal obli-
gation binding on the United States, including any 
resolution of the United Nations Security Council or 
any treaty unless such treaty is implemented by leg-
islation specifically authorizing the use of such 
forces and stating that it is intended to constitute 
specific statutory authorization within the meaning 
of this joint resolution. 
‘‘(b) Nothing in this joint resolution may be con-
strued to affect the authority granted by the Constitution 
to the Congress or of the President, or the provisions of 
any treaty or other international agreement that is in 
force with respect to the United States before, on, or after 
the date of the enactment of this section.’’. 
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SEC. 107. JUDICIAL REVIEW. 
The War Powers Resolution (50 U.S.C. 1541 et seq.), 
as amended by this Act, is further amended by inserting 
after section 6 the following: 
‘‘JUDICIAL REVIEW 
‘‘SEC. 7. (a)(1) If an officer or employee of the execu-
tive branch, including the President and an officer or em-
ployee of the Executive Officer of the President, fails to 
comply with a provision of this joint resolution, upon the 
adoption of a resolution described in subsection (b), the 
House of Representatives or the Senate may bring an ac-
tion in the name of the House of Representatives or the 
Senate (as the case may be) for such relief as may be ap-
propriate, including declaratory judgment and any form 
of ancillary relief, including injunctive relief. 
‘‘(2) An action brought under this section shall be 
brought— 
‘‘(A) in the case of an action brought by the 
House of Representatives, by the Office of the Gen-
eral Counsel of the House of Representatives or such 
successor office to such Office as the House may 
designate; or 
‘‘(B) in the case of an action brought by the 
Senate, by the Office of the Senate Legal Counsel or 
such successor office to such Office as the Senate 
may designate. 
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‘‘(b)(1) A resolution described in this subsection is 
a resolution described as follows: 
‘‘(A) The resolution does not have a preamble. 
‘‘(B) The title is as follows: ‘Authorizing an ac-
tion under section 7 of the War Powers Resolution.’. 
‘‘(C) The matter after the resolving clause is as 
follows: ‘That the llllllll is authorized 
and directed to bring an action under section 7 of 
the War Powers Resolution to obtain relief from the 
failure of llllllll to comply with 
lllllll of the War Powers Resolution.’, 
with the first blank space filled in with the identi-
fication of the office responsible for bringing an ac-
tion under this section for the House of Congress in-
volved, the second blank space filled in with the 
name and position of the officer or employee of the 
executive branch who has failed to comply with a 
provision of this Act, and the third blank space filled 
in with the provision of this joint resolution with 
which such officer or employee failed to comply. 
‘‘(2) The expedited procedures described in section 5 
shall apply with respect to a resolution described in this 
subsection. 
‘‘(c) For purposes of this section, the failure of an 
officer or employee of the executive branch, including the 
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President and an officer or employee of the Executive Offi-
cer of the President, to provide any information to Con-
gress as required by this joint resolution shall be treated 
as the failure of such officer or employee to comply with 
this joint resolution. 
‘‘(d) The following rules shall apply with respect to 
any action brought by the House of Representatives or 
Senate pursuant to the authority of this section: 
‘‘(1) The action shall be filed in the United 
States District Court for the District of Columbia, 
and shall be heard not later than 30 days after the 
action is filed by a 3-judge court convened pursuant 
to section 2284 of title 28, United States Code. 
‘‘(2) A copy of the complaint shall be delivered 
promptly to the Clerk of the House of Representa-
tives (in the case of an action brought by the House) 
and the Secretary of the Senate (in the case of an 
action brought by the Senate). 
‘‘(3) A final decision in the action shall be re-
viewable only by appeal directly to the Supreme 
Court of the United States. Such appeal shall be 
taken by the filing of a notice of appeal within 10 
days, and the filing of a jurisdictional statement 
within 30 days, of the entry of the final decision. 
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‘‘(4) It shall be the duty of the United States 
District Court for the District of Columbia and the 
Supreme Court of the United States to advance on 
the docket and to expedite to the greatest possible 
extent the disposition of the action and appeal. 
‘‘(e) Nothing in this section may be construed to af-
fect the treatment of the failure of an officer or employee 
of the executive branch, including the President and an 
officer or employee of the Executive Officer of the Presi-
dent, to comply with a provision of this joint resolution 
as a legal wrong because of agency action for purposes 
of obtaining judicial review under section 702 of title 5, 
United States Code.’’. 
SEC. 108. TERMINATION OF FUNDING; TERMINATION OF 
USE OF MILITARY FORCE. 
The War Powers Resolution (50 U.S.C. 1541 et seq.), 
as amended by this Act, is further amended by inserting 
after section 7 the following: 
‘‘TERMINATION OF FUNDING 
‘‘SEC. 8. (a) Notwithstanding any other provision of 
law, no funds authorized to be appropriated or otherwise 
made available under any provision of law may be obli-
gated or expended for any activity by United States forces 
for which— 
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‘‘(1) prior congressional authorization is re-
quired under section 4(a) but has not been obtained; 
or 
‘‘(2) congressional authorization is required 
under section 4(b) but has not been obtained before 
the expiration of the time period specified in para-
graph (1) or (2) of section 4(c), as the case may be. 
‘‘(b) For such time as may be necessary, not to ex-
ceed six months after the expiration of a specific statutory 
authorization for the use of United States forces, military 
force may be used for defensive purposes only as necessary 
to end the deployment or engagement of United States 
forces pursuant to this joint resolution. 
‘‘(c) The prohibition on the obligation and expendi-
ture of funds for activities under subsection (a) shall not 
apply with respect to funds for personnel pay, benefits, 
or honors.’’. 
SEC. 109. LAW OF ARMED CONFLICT, INTERNATIONAL HU-
MANITARIAN LAW, AND THE TREATY OBLIGA-
TIONS OF THE UNITED STATES. 
The War Powers Resolution (50 U.S.C. 1541 et seq.), 
as amended by this Act, is further amended by inserting 
after section 8 the following: 
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‘‘LAW OF ARMED CONFLICT, INTERNATIONAL HUMANI-
TARIAN LAW, AND THE TREATY OBLIGATIONS OF 
THE UNITED STATES 
‘‘SEC. 9. United States forces may not be introduced 
into hostilities or into situations where there is a serious 
risk of hostilities in a manner inconsistent with the Law 
of Armed Conflict, international humanitarian law, or the 
treaty obligations of the United States.’’. 
SEC. 110. DEFINITIONS. 
(a) IN GENERAL.—The War Powers Resolution (50 
U.S.C. 1541 et seq.), as amended by this Act, is further 
amended by inserting after section 9 the following: 
‘‘DEFINITIONS 
‘‘SEC. 10. In this joint resolution: 
‘‘(1) The term ‘appropriate congressional com-
mittees and leadership’ means— 
‘‘(A) in the House of Representatives— 
‘‘(i) the Committee on Foreign Af-
fairs, the Committee on Armed Services, 
the Permanent Select Committee on Intel-
ligence, and the Committee on Appropria-
tions; and 
‘‘(ii) the Speaker, the majority leader, 
and the minority leader; and 
‘‘(B) in the Senate— 
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‘‘(i) the Committee on Foreign Rela-
tions, the Committee on Armed Services, 
the Select Committee on Intelligence, and 
the Committee on Appropriations; and 
‘‘(ii) the majority leader and the mi-
nority leader. 
‘‘(2) The term ‘hostilities’ means any situation 
involving any continuous or intermittent use of le-
thal or potentially lethal force by or against United 
States forces (or, for purposes of paragraph (3)(B), 
foreign regular or irregular forces) carried out 
through land, sea, air, space, or cyber operations, or 
through any other domain, including whether or not 
such force is deployed remotely. 
‘‘(3) The term ‘introduce’ means— 
‘‘(A) with respect to hostilities or a situa-
tion in which there is a serious risk of hos-
tilities, any commitment, engagement, or other 
involvement of United States forces (or, for 
purposes of paragraph (3)(B), of foreign reg-
ular or irregular forces), whether or not consti-
tuting self-defense measures by United States 
forces, in response to an attack or imminent 
threat of attack outside the United States, and 
whether or not United States forces are present 
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or operating remotely launched, piloted, or di-
rected attacks; or 
‘‘(B) the use, including assigning or tem-
porary detailing, of members of United States 
forces to— 
‘‘(i) command, advise, assist, accom-
pany, coordinate, or train any foreign reg-
ular or irregular forces engaged in hos-
tilities or in a situation in which there is 
a serious risk that those foreign forces be-
come engaged in hostilities; or 
‘‘(ii) provide any other type of support 
that would render the United States a 
party to a conflict in which it is not al-
ready engaged or be more likely than not 
to do so. 
‘‘(4) The term ‘serious risk of hostilities’ means 
any situation in which there exists a substantial pos-
sibility that United States forces (or, for purposes of 
paragraph (3)(B), foreign regular or irregular 
forces) will become engaged in hostilities, irrespec-
tive of any belief that the presence of such forces 
will deter the onset of hostilities. 
‘‘(5) The term ‘specific statutory authorization’ 
means any joint resolution introduced after the date 
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of the enactment of the War Powers Resolution 
Modernization and Accountability Act and enacted 
into law to authorize the introduction of United 
States forces into hostilities or into situations where 
there is a serious risk of hostilities that sets forth, 
at a minimum, the following: 
‘‘(A) A clearly defined mission and oper-
ational objectives, the identity of all specific en-
tity or entities against which force is author-
ized, and the foreign country or countries in 
which the hostilities by such forces are author-
ized. 
‘‘(B) A requirement the President seek 
from the Congress a subsequent specific statu-
tory authorization, in accordance with the re-
quirements of section 4, for any expansion of 
the mission to include new operational objec-
tives, additional enemy forces, or new countries 
in which such forces are operating, in each case 
to the extent not specifically identified in the 
previous authorization. 
‘‘(C) A termination of the authorization for 
the use of such forces within two years absent 
the enactment of a subsequent specific statu-
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tory authorization for such use of the United 
States forces. 
‘‘(6) The term ‘substantially enlarge’ means, for 
any 30-day period, an increase in the overall number 
of United States forces, including temporary duty or 
rotational forces, that is the lesser of— 
‘‘(A) an increase of 25 percent or more of 
the number of such forces; or 
‘‘(B) an increase of 1,000 or more of the 
number of such forces. 
‘‘(7) The term ‘train’ or ‘training’ has the 
meaning given the term ‘military education and 
training’ in section 644 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2403). 
‘‘(8) The term ‘United States forces’ means any 
individuals who are employed by, or under contract 
to, or under the direction of, any department or 
agency of the United States Government who are or 
may be— 
‘‘(A) deployed and equipped for combat; or 
‘‘(B) engaged in the use of lethal or poten-
tially lethal force carried out through land, sea, 
air, space, or cyber operations, or through any 
other domain’’. 
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(b) USE OF TERM ‘‘FORCES’’.—The War Powers 
Resolution (50 U.S.C. 1541 et seq.), as amended by this 
Act, is further amended— 
(1) by striking ‘‘Armed Forces’’ each place it 
appears and inserting ‘‘forces’’; and 
(2) by striking ‘‘armed forces’’ each place it ap-
pears and inserting ‘‘forces’’. 
TITLE II—ARMS EXPORT 
REFORM 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Arms Export Control 
Reform Act’’. 
SEC. 202. CONGRESSIONAL REVIEW AND APPROVAL OF 
CERTAIN 
SALES, 
EXPORTS, 
LEASES, 
AND 
LOANS OF DEFENSE ARTICLES AND SERV-
ICES. 
(a) IN GENERAL.—Section 36 of the Arms Export 
Control Act (22 U.S.C. 2776) is amended— 
(1) by redesignating subsections (e), (f), (g), 
(h), and (i) as subsections (f), (g), (h), (i), and (j), 
respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
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‘‘(e) CONGRESSIONAL REVIEW AND APPROVAL OF 
CERTAIN SALES, EXPORTS, LEASES, AND LOANS OF DE-
FENSE ARTICLES AND SERVICES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3) and subject to paragraph (4)— 
‘‘(A) no letter of offer to sell any defense 
articles or services described in paragraph (2) 
may be issued under this Act with respect to a 
proposed sale to a foreign country or inter-
national organization unless— 
‘‘(i) the President transmits to Con-
gress a numbered certification with respect 
to the letter of offer containing the infor-
mation described in paragraphs (1) and 
(4) of subsection (b); and 
‘‘(ii) there is enacted into law a joint 
resolution of approval under paragraph (5) 
with respect to the letter of offer; 
‘‘(B) no license may be issued under this 
Act (other than with regard to a sale under sec-
tion 21 or 22 of this Act), including under sec-
tion 38 of this Act, for the export of any de-
fense articles or services described in paragraph 
(2) with respect to a proposed export to a for-
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‘‘(2) DEFENSE
ARTICLES
AND
SERVICES
DE-
SCRIBED.—Defense articles and services described in 
this paragraph are the following: 
‘‘(A) 
Firearms 
and 
ammunition 
of 
$1,000,000 or more. 
‘‘(B) 
Air 
to 
ground 
munitions 
of 
$14,000,000 or more. 
‘‘(C) Tanks, armored vehicles, and related 
munitions of $14,000,000 or more. 
‘‘(D) Fixed and rotary, manned or un-
manned aircraft of $14,000,000 or more. 
‘‘(E) Services or training of $14,000,000 
or more. 
‘‘(3) EXCEPTION.—The requirements of sub-
paragraphs (A)(ii), (B)(ii), and (C)(ii) of paragraph 
(1) shall not apply with respect to a proposed sale, 
export, lease, or loan of defense articles or services 
to the North Atlantic Treaty Organization (NATO), 
any member country of NATO, Australia, Japan, 
the Republic of Korea, Israel, New Zealand, or Tai-
wan if a joint resolution of approval under para-
graph (5) with respect to the sale, export, lease, or 
loan is not introduced in either House of Congress 
during the 15-day period beginning on the date on 
which Congress receives a numbered certification 
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under subparagraph (A)(i) with respect to the sale, 
an unclassified numbered certification under sub-
paragraph (B)(i) with respect to the export, or a 
written certification under subparagraph (C)(i) with 
respect to the lease or loan. 
‘‘(4) EMERGENCY PROCEDURES.— 
‘‘(A) IN GENERAL.—The requirement that 
a joint resolution of approval be enacted into 
law for purposes of subparagraph (A)(ii), 
(B)(ii), or (C)(ii) of paragraph (1) shall not 
apply with respect to a proposed sale, export, 
lease, or loan of defense articles or services if 
the President— 
‘‘(i) subject to subparagraph (B) and 
except as provided in subparagraph (C), 
determines that an emergency exists that 
requires the sale, export, lease, or loan to 
be in the national security interest of the 
United States; and 
‘‘(ii) submits to the Committee on 
Foreign Affairs of the House of Represent-
atives and the Committee on Foreign Rela-
tions of the Senate such determination and 
justification for the determination, and 
which also includes a specific and detailed 
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description of how the waiver of the con-
gressional review requirements directly re-
sponds to or addresses the circumstances 
of the emergency cited in the determina-
tion. 
‘‘(B) The President may make a deter-
mination under subparagraph (A)(i) only if the 
President certifies to the Committee on Foreign 
Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate 
that the defense articles or services to be sold, 
exported, leased, or loaned will be delivered not 
later than 60 days after the date of such certifi-
cation. 
‘‘(C) The President may not make a deter-
mination under subparagraph (A)(i) in the case 
of a proposed sale, export, lease, or loan of de-
fense articles or services that include manufac-
turing or co-production of the articles or serv-
ices outside the United States. 
‘‘(5) REVIEW BY CONGRESS.— 
‘‘(A) JOINT
RESOLUTION
OF
APPROVAL 
DEFINED.—In this paragraph, the term ‘joint 
resolution of approval’ means a joint resolution 
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that contains only the following provisions after 
its resolving clause: 
‘‘(i) In the case of a letter of offer de-
scribed in paragraph (1)(A), a provision 
approving the issuance of the letter of 
offer. 
‘‘(ii) In the case of a license described 
in paragraph (1)(B), a provision approving 
the issuance of the license. 
‘‘(iii) In the case of a lease or loan 
agreement described in paragraph (1)(C), 
a provision approving the agreement. 
‘‘(B) PROCEDURES
FOR
CONSIDERATION 
OF JOINT RESOLUTIONS OF APPROVAL.— 
‘‘(i) INTRODUCTION.—After the Presi-
dent transmits to Congress a numbered 
certification with respect to a letter of 
offer described in paragraph (1)(A)(i), an 
unclassified numbered certification with re-
spect to a license described in paragraph 
(1)(B)(i), or a written certification with re-
spect to the agreement described in para-
graph (1)(C)(i), a joint resolution of ap-
proval may be introduced in either House 
of Congress by any member of that House. 
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‘‘(ii) COMMITTEE REFERRAL.—A joint 
resolution of approval shall be referred in 
each House of Congress to the Committee 
on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the 
House of Representatives. 
‘‘(iii) CONSIDERATION IN SENATE.— 
In the Senate, the following shall apply: 
‘‘(I) 
REPORTING
AND
DIS-
CHARGE.—If the committee to which 
a joint resolution of approval has been 
referred has not reported it at the end 
of 10 session days after its introduc-
tion, that committee shall be auto-
matically discharged from further con-
sideration of the resolution and it 
shall be placed on the calendar. 
‘‘(II) PROCEEDING TO CONSIDER-
ATION.—Notwithstanding Rule XXII 
of the Standing Rules of the Senate, 
when the committee to which a joint 
resolution of approval is referred has 
reported the resolution, or when that 
committee is discharged under sub-
clause (I) from further consideration 
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of the resolution, it is at any time 
thereafter in order (even though a 
previous motion to the same effect has 
been disagreed to) for a motion to 
proceed to the consideration of the 
joint resolution, and all points of 
order against the joint resolution (and 
against consideration of the joint reso-
lution) are waived. The motion to pro-
ceed is subject to 4 hours of debate 
divided equally between those favoring 
and those opposing the joint resolu-
tion of approval. The motion is not 
subject to amendment, or to a motion 
to postpone, or to a motion to proceed 
to the consideration of other business. 
‘‘(III) FLOOR CONSIDERATION.— 
A joint resolution of approval shall be 
subject to 10 hours of consideration, 
to be divided evenly between the pro-
ponents and opponents of the resolu-
tion. 
‘‘(IV) 
AMENDMENTS.—No 
amendments shall be in order with re-
spect to a joint resolution of approval. 
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‘‘(V) MOTION
TO
RECONSIDER 
FINAL VOTE.—A motion to reconsider 
a vote on passage of a joint resolution 
of approval shall not be in order. 
‘‘(VI) 
APPEALS.—Points 
of 
order, including questions of rel-
evancy, and appeals from the decision 
of the Presiding Officer, shall be de-
cided without debate. 
‘‘(VII) RECEIPT OF RESOLUTION 
FROM
HOUSE.—If, before passing a 
joint resolution of approval, the Sen-
ate receives from the House a joint 
resolution 
of 
approval 
from 
the 
House, then— 
‘‘(aa) the joint resolution of 
the House shall not be referred 
to a committee and shall be 
deemed to have been discharged 
from committee on the day it is 
received; and 
‘‘(bb) the procedures set 
forth in this clause shall apply in 
the Senate to the joint resolution 
received from the House to the 
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same extent as such procedures 
apply to a joint resolution of the 
Senate. 
‘‘(C) RULES
OF
THE
HOUSE
AND
SEN-
ATE.—This paragraph is enacted by Con-
gress— 
‘‘(i) as an exercise of the rulemaking 
power of the Senate and the House of Rep-
resentatives, respectively, and as such is 
deemed a part of the rules of each House, 
respectively, but applicable only with re-
spect to the procedure to be followed in the 
House in the case of joint resolutions de-
scribed in this section, and supersedes 
other rules only to the extent that it is in-
consistent with such other rules; and 
‘‘(ii) with full recognition of the con-
stitutional right of either House to change 
the rules (so far as relating to the proce-
dure of that House) at any time, in the 
same manner, and to the same extent as in 
the case of any other rule of that House.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) GOVERNMENT-TO-GOVERNMENT SALES.— 
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(A) IN
GENERAL.—Section 36(b) of the 
Arms Export Control Act (22 U.S.C. 2776(b)) 
is amended— 
(i) in paragraph (1)— 
(I) in the matter preceding sub-
paragraph (A), in the first sentence, 
by striking ‘‘Subject to paragraph 
(6)’’ and inserting ‘‘Subject to para-
graph (4) and subsection (e)’’; and 
(II) in the flush text following 
subparagraph (P), by striking the last 
two sentences; 
(ii) by striking paragraphs (2) and 
(3); 
(iii) by redesignating paragraphs (4), 
(5), and (6) as paragraphs (2), (3), and 
(4), respectively; 
(iv) in subparagraph (C) of paragraph 
(3) (as redesignated), in the first sentence, 
by striking ‘‘Subject to paragraph (4) and 
subsection (e)’’; and 
(v) in paragraph (4) (as redesig-
nated), in the matter preceding subpara-
graph (A), by striking ‘‘in paragraph 
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(5)(C)’’ and inserting ‘‘in paragraph 
(3)(C)’’. 
(B) CONFORMING
AMENDMENT.—Section 
38(f)(5)(B)(ii) 
of 
such 
Act 
(22 
U.S.C. 
2778(f)(5)(B)(ii)) is amended by striking ‘‘sec-
tion 
36(b)(5)(A)’’ 
and 
inserting 
‘‘section 
36(b)(3)(A)’’. 
(2) COMMERCIALLY LICENSED SALES.—Section 
36(c) of such Act (22 U.S.C. 2776(c)) is amended— 
(A) in paragraph (1), in the first sentence, 
by striking ‘‘Subject to paragraph (5)’’ and in-
serting ‘‘Subject to subsection (e)’’; 
(B) by striking paragraphs (2) through 
(5); and 
(C) by redesignating paragraph (6) as 
paragraph (2). 
(3) PUBLICATION.—Subsection (g) of section 
36 of such Act (22 U.S.C. 2776) (as redesignated) 
is amended— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
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‘‘(4) each numbered certification transmitted 
under subsection (e)(1)(A)(i), each unclassified num-
ber 
notification 
transmitted 
under 
subsection 
(e)(1)(B)(i) and each written certification trans-
mitted under subsection (e)(1)(C)(i).’’. 
(4) LEGISLATIVE
REVIEW
OF
LEASES
AND 
LOANS.— 
(A) REPEAL.—Section 63 of such Act (22 
U.S.C. 2796b) is repealed. 
(B) CONFORMING
AMENDMENT.—Section 
62(b) of such Act (22 U.S.C. 2976a(b)) is 
amended, in the first sentence, by striking 
‘‘(and in the case’’ and all that follows through 
‘‘of that section)’’. 
SEC. 203. PROHIBITION ON TRANSFER OF DEFENSE ARTI-
CLES AND DEFENSE SERVICES TO COUN-
TRIES THAT COMMIT GENOCIDE OR VIOLA-
TIONS OF INTERNATIONAL HUMANITARIAN 
LAW. 
(a) IN GENERAL.—No defense articles or defense 
services may be sold, exported, or transferred to any coun-
try, and no letter of offer to sell defense articles or defense 
services to any country and no application for a license 
to export or transfer defense articles or defense services 
controlled for export to any country shall be subject to 
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congressional review and approval requirements, regard-
less of monetary value or emergency, of section 36 of the 
Arms Export Control Act (22 U.S.C. 2776), if the Sec-
retary of State has credible information that the govern-
ment, military, security forces, or police of such country 
has committed or is committing genocide, crimes against 
humanity, or violations of international humanitarian law 
after the date of enactment of this Act. 
(b) ASSESSMENT OF RISK.—Any letter of offer to 
sell, or any application for a license to export or transfer, 
defense articles or defense services controlled for export 
subject to the congressional review and approval require-
ments, regardless of monetary value, of section 36 of the 
Arms Export Control Act (22 U.S.C. 2776) shall include 
an assessment of the risk of the items being used contrary 
to principles of international humanitarian law, to violate 
internationally recognized human rights, or to commit acts 
that may constitute crimes against humanity or genocide, 
prepared by the Secretary of State through the Assistant 
Secretary for the Bureau of Democracy, Human Rights, 
and Labor, in consultation with the Secretary of Defense 
and the Director of Central Intelligence. 
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TITLE III—NATIONAL 
EMERGENCIES REFORM ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘National Emergencies 
Reform Act’’. 
SEC. 302. CONGRESSIONAL REVIEW OF NATIONAL EMER-
GENCIES. 
Title II of the National Emergencies Act (50 U.S.C. 
1621 et seq.) is amended by striking sections 201 and 202 
and inserting the following: 
‘‘SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES. 
‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER-
GENCIES.—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 au-
thorized to declare such a national emergency by procla-
mation. Such proclamation shall immediately be trans-
mitted to Congress and published in the Federal Register. 
‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE 
EXERCISED.—No powers or authorities made available by 
statute for use during the period of a national emergency 
shall be exercised unless and until the President specifies 
the provisions of law under which the President proposes 
that the President or other officers will act in— 
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‘‘(1) a proclamation declaring a national emer-
gency under subsection (a); or 
‘‘(2) one or more Executive orders relating to 
the emergency transmitted to Congress and pub-
lished in the Federal Register. 
‘‘(c) PROHIBITION
ON SUBSEQUENT ACTIONS
IF 
EMERGENCIES NOT APPROVED.— 
‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint 
resolution of approval is not enacted under section 
203 with respect to a national emergency before the 
expiration of the period described in section 202(a), 
or with respect to a national emergency proposed to 
be renewed under section 202(b), the President may 
not, during the remainder of the term of office of 
that President, declare a subsequent national emer-
gency under subsection (a) with respect to substan-
tially the same facts and circumstances. 
‘‘(2) EXERCISE OF AUTHORITIES.—If a joint 
resolution of approval is not enacted under section 
203 with respect to a power or authority specified by 
the President in a proclamation under subsection (a) 
or an Executive order under subsection (b)(2) with 
respect to a national emergency, the President may 
not, during the remainder of the term of office of 
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that President, exercise that power or authority with 
respect to that emergency. 
‘‘(d) EFFECT OF FUTURE LAWS.—No law enacted 
after the date of the enactment of this Act may supersede 
the provisions of this title unless it does so in specific 
terms, referring to this title, and declaring that such law 
supersedes the provisions of this title. 
‘‘(e) LIMITATIONS.— 
‘‘(1) IN GENERAL.—Any emergency powers in-
voked by the President pursuant to a national emer-
gency declared under this section shall relate to the 
nature of, and may be used only to address, that 
emergency. 
‘‘(2) AUTHORIZATION
OR
FUNDING
WITH-
HELD.—No authority available to the President dur-
ing a national emergency declared under this section 
may be used to provide authorization or funding for 
any program, project, or activity for which Congress, 
on or after the date of the events giving rise to the 
emergency declaration, has withheld authorization or 
funding. 
‘‘SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMER-
GENCIES. 
‘‘(a) TEMPORARY EFFECTIVE PERIODS.— 
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‘‘(1) IN GENERAL.—A declaration of a national 
emergency under subsection (a) shall be effective for 
30 days beginning on the day after the date of the 
issuance of the proclamation and shall terminate 
when that 30-day period expires unless there is en-
acted into law a joint resolution of approval under 
section 203 with respect to the proclamation. 
‘‘(2) EXERCISE
OF
POWERS
AND
AUTHORI-
TIES.— 
‘‘(A) EXERCISE PURSUANT TO PROCLAMA-
TION.—Subject to section 201(e), any emer-
gency power or authority made available under 
a provision of law specified pursuant to section 
201(b)(1) may be exercised pursuant to a dec-
laration of a national emergency upon the 
issuance of the proclamation. That power or au-
thority may not be exercised on or after the 30- 
day period described in paragraph (1) unless 
there is enacted into law a joint resolution of 
approval under section 203 approving— 
‘‘(i) the proclamation of the national 
emergency; and 
‘‘(ii) the exercise of the power or au-
thority specified by the President in such 
proclamation. 
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‘‘(B) EXERCISE PURSUANT TO EXECUTIVE 
ORDER.—Subject to section 201(e), any emer-
gency power or authority made available under 
an 
Executive 
order 
pursuant 
to 
section 
201(b)(2) may be exercised pursuant to a dec-
laration of a national emergency upon the 
issuance of the Executive order specifying the 
power or authority. That power or authority 
may not be exercised on or after the earlier 
of— 
‘‘(i) the date of the termination of the 
proclamation declaring the emergency to 
which the Executive order relates; or 
‘‘(ii) the date that is 30 days after the 
date of the issuance of such Executive 
order, unless there is enacted into law a 
joint resolution of approval under section 
203 approving the exercise of the power or 
authority specified by the President in 
such Executive order. 
‘‘(b) RENEWAL OF NATIONAL EMERGENCIES.—A na-
tional emergency declared by the President under section 
201(a) or previously renewed under this subsection that 
is not otherwise terminated pursuant to subsection (a) or 
(c) or section 204 shall terminate on the date that is one 
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year after the date on which the President transmitted to 
Congress the proclamation declaring the emergency or the 
date on which Congress enacted into law a previous re-
newal 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 sec-
tion 203 before the termination of the emergency or 
previous renewal of the emergency. 
‘‘(c) TERMINATION OF NATIONAL EMERGENCIES.— 
‘‘(1) IN
GENERAL.—Any national emergency 
declared by the President under section 201(a) shall 
terminate on the earliest of— 
‘‘(A) the date provided for in subsection 
(a); 
‘‘(B) the date provided for in subsection 
(b); 
‘‘(C) the date specified in a joint resolution 
of termination under section 203; 
‘‘(D) the date specified in a proclamation 
of the President terminating the emergency; or 
‘‘(E) the date specified in section 204. 
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‘‘(2) EFFECT OF TERMINATION.—Effective on 
the date of the termination of a national emergency 
under paragraph (1)— 
‘‘(A) any powers or authorities exercised 
by reason of the emergency shall cease to be ex-
ercised; 
‘‘(B) any amounts reprogrammed or trans-
ferred under any provision of law with respect 
to the emergency that remain unobligated on 
that date shall be returned and made available 
for the purpose for which such amounts were 
appropriated; and 
‘‘(C) any contracts entered into under any 
provision of law relating to the emergency shall 
be terminated. 
‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER-
GENCIES. 
‘‘(a) JOINT RESOLUTION OF APPROVAL DEFINED.— 
In this section, the term ‘joint resolution of approval’ 
means a joint resolution that contains only the following 
provisions after its resolving clause: 
‘‘(1) A provision approving— 
‘‘(A) a proclamation of a national emer-
gency made under section 201(a); 
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lution of approval may be introduced in either House 
of Congress by any member of that House. 
‘‘(2) COMMITTEE REFERRAL IN THE SENATE.— 
In the Senate, a joint resolution of approval shall be 
referred to the appropriate committee. 
‘‘(3) CONSIDERATION IN SENATE.—In the Sen-
ate, the following shall apply: 
‘‘(A) REPORTING AND DISCHARGE.—If the 
committee to which a joint resolution of ap-
proval has been referred has not reported it at 
the end of 10 calendar days after its introduc-
tion, that committee shall be discharged from 
further consideration of the resolution and it 
shall be placed on the Calendar of Business. 
‘‘(B) PROCEEDING TO CONSIDERATION.— 
Notwithstanding Rule XXII of the Standing 
Rules of the Senate, when the committee to 
which a joint resolution of approval is referred 
has reported the resolution, or when that com-
mittee is discharged under subparagraph (A) 
from further consideration of the resolution, it 
is at any time thereafter in order to move to 
proceed to the consideration of the joint resolu-
tion, and all points of order against the joint 
resolution (and against the motion to proceed to 
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the consideration of the joint resolution) are 
waived. The motion to proceed shall be debat-
able for 4 hours evenly divided between a pro-
ponent and an opponent of the joint resolution 
of approval. The motion is not subject to 
amendment, or to a motion to postpone, or to 
a motion to proceed to the consideration of 
other business. A motion to reconsider the vote 
by which the motion is agreed to or disagreed 
to shall not be in order. If a motion to proceed 
to the consideration of a joint resolution of ap-
proval is agreed to, the joint resolution shall re-
main the unfinished business of the Senate 
until disposed of. 
‘‘(C) FLOOR CONSIDERATION.—There shall 
be 10 hours of consideration on a joint resolu-
tion of approval, to be divided evenly between 
the proponents and opponents of the joint reso-
lution. There shall be a total of 2 hours of de-
bate on any debatable motions in connection 
with the joint resolution, to be divided evenly 
between the proponents and opponents of the 
joint resolution. 
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‘‘(D) 
AMENDMENTS.—No 
amendments 
shall be in order with respect to a joint resolu-
tion of approval in the Senate. 
‘‘(E) MOTION TO RECONSIDER VOTE ON 
PASSAGE.—A motion to reconsider a vote on 
passage of a joint resolution of approval shall 
not be in order. 
‘‘(F) APPEALS.—Points of order and ap-
peals from the decision of the Presiding Officer, 
shall be decided without debate. 
‘‘(4) CONSIDERATION
IN
HOUSE
OF
REP-
RESENTATIVES.—In the House of Representatives, 
the following shall apply: 
‘‘(A) REPORTING AND DISCHARGE.—If any 
committee to which a joint resolution of ap-
proval has been referred has not reported it to 
the House within seven legislative days after 
the date of referral, such committee shall be 
discharged from further consideration of the 
joint resolution. 
‘‘(B)(i) 
PROCEEDING
TO
CONSIDER-
ATION.—Beginning on the third legislative day 
after each committee to which a joint resolution 
of approval has been referred reports it to the 
House or has been discharged from further con-
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sideration, it shall be in order to move to pro-
ceed to consider the joint resolution of approval 
in the House. All points of order against the 
motion are waived, except as provided in clause 
(ii) and clause (iii). The previous question shall 
be considered as ordered on the motion to its 
adoption without intervening motion. The mo-
tion shall not be debatable. A motion to recon-
sider the vote by which the motion is disposed 
of shall not be in order. 
‘‘(ii) A motion to proceed to consider a 
joint resolution of approval shall not be in order 
after the House has disposed of another motion 
to proceed on that joint resolution of approval. 
‘‘(iii) A motion to proceed to the consider-
ation of a joint resolution of approval of an Ex-
ecutive order described in subsection (a)(1) or 
a list described in subsection (a)(2) shall not be 
in order prior to the enactment of a joint reso-
lution of approval of the proclamation described 
in subsection (a)(1) that is the subject of such 
Executive order or list. 
‘‘(C) CONSIDERATION.—Upon adoption of 
the motion to proceed in accordance with sub-
paragraph (B)(i), the joint resolution of ap-
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proval shall be considered as read. All points of 
order against the joint resolution of approval 
and against its consideration are waived. The 
previous question shall be considered as ordered 
on the joint resolution of approval to final pas-
sage without intervening motion except two 
hours of debate equally divided and controlled 
by the sponsor of the joint resolution of ap-
proval (or a designee) and an opponent. A mo-
tion to reconsider the vote on passage of the 
joint resolution of approval shall not be in 
order. 
‘‘(5) COORDINATION WITH ACTION BY OTHER 
HOUSE.— 
‘‘(A) IN GENERAL.—If, before the passage 
by one House of a joint resolution of approval 
of that House, that House receives from the 
other House a joint resolution of approval with 
regard to the same proclamation or Executive 
order, then the following procedures shall apply: 
‘‘(i) The joint resolution of approval 
of the other House shall not be referred to 
a committee. 
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‘‘(ii) With respect to a joint resolution 
of approval of the House receiving the 
joint resolution— 
‘‘(I) the procedure in that House 
shall be the same as if no joint resolu-
tion of approval had been received 
from the other House; but 
‘‘(II) the vote on passage shall be 
on the joint resolution of approval of 
the other House. 
‘‘(iii) Upon the failure of passage of 
the joint resolution of approval of the other 
House, the question shall immediately 
occur on passage of the joint resolution of 
approval of the receiving House. 
‘‘(B) TREATMENT
OF
LEGISLATION
OF 
OTHER HOUSE.—If one House fails to introduce 
a joint resolution of approval under this section, 
the joint resolution of approval of the other 
House shall be entitled to expedited floor proce-
dures under this section. 
‘‘(C) APPLICATION
TO
REVENUE
MEAS-
URES.—The provisions of this paragraph shall 
not apply in the House of Representatives to a 
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joint resolution of approval which is a revenue 
measure. 
‘‘(6) TREATMENT OF VETO MESSAGE.—Debate 
on a veto message in the Senate under this section 
shall be 1 hour evenly divided between the majority 
and minority leaders or their designees. 
‘‘(d) PROCEDURES FOR CONSIDERATION OF JOINT 
RESOLUTIONS TO TERMINATE.— 
‘‘(1) 
INTRODUCTION.—After 
the 
President 
transmits to Congress a proclamation declaring a 
national emergency under section 201(a), or an Ex-
ecutive order specifying emergency powers or au-
thorities under section 201(b)(2) or renewing a na-
tional emergency under section 202(b), a joint reso-
lution to terminate may be introduced in either 
House of Congress by any member of that House. 
‘‘(2) COMMITTEE REFERRAL IN THE SENATE.— 
In the Senate, a joint resolution to terminate shall 
be referred to the appropriate committee. 
‘‘(3) CONSIDERATION IN SENATE.—In the Sen-
ate, the following shall apply: 
‘‘(A) REPORTING AND DISCHARGE.—If the 
committee to which a joint resolution to termi-
nate has been referred has not reported it at 
the end of 10 calendar days after its introduc-
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tion, that committee shall be discharged from 
further consideration of the resolution and it 
shall be placed on the Calendar of Business. 
‘‘(B) PROCEEDING TO CONSIDERATION.— 
Notwithstanding Rule XXII of the Standing 
Rules of the Senate, when the committee to 
which a joint resolution to terminate is referred 
has reported the resolution, or when that com-
mittee is discharged under subparagraph (A) 
from further consideration of the resolution, it 
is at any time thereafter in order to move to 
proceed to the consideration of the joint resolu-
tion, and all points of order against the joint 
resolution (and against the motion to proceed to 
the consideration of the joint resolution) are 
waived. The motion to proceed shall be debat-
able for 4 hours evenly divided between a pro-
ponent and an opponent of the joint resolution 
of approval. The motion is not subject to 
amendment, or to a motion to postpone, or to 
a motion to proceed to the consideration of 
other business. A motion to reconsider the vote 
by which the motion is agreed to or disagreed 
to shall not be in order. If a motion to proceed 
to the consideration of a joint resolution of ap-
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proval is agreed to, the joint resolution shall re-
main the unfinished business of the Senate 
until disposed of. 
‘‘(C) FLOOR CONSIDERATION.—There shall 
be 10 hours of consideration on a joint resolu-
tion to terminate, to be divided evenly between 
the proponents and opponents of the joint reso-
lution. There shall be a total of 2 hours of de-
bate on any debatable motions in connection 
with the joint resolution, to be divided evenly 
between the proponents and opponents of the 
joint resolution. 
‘‘(D) 
AMENDMENTS.—No 
amendments 
shall be in order with respect to a joint resolu-
tion to terminate in the Senate. 
‘‘(E) MOTION TO RECONSIDER VOTE ON 
PASSAGE.—A motion to reconsider a vote on 
passage of a joint resolution to terminate shall 
not be in order. 
‘‘(F) APPEALS.—Points of order and ap-
peals from the decision of the Presiding Officer, 
shall be decided without debate. 
‘‘(4) CONSIDERATION
IN
HOUSE
OF
REP-
RESENTATIVES.—In the House of Representatives, 
the following shall apply: 
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‘‘(A) REPORTING AND DISCHARGE.—If any 
committee to which a joint resolution to termi-
nate has been referred has not reported it to 
the House within seven legislative days after 
the date of referral such committee shall be dis-
charged from further consideration of the joint 
resolution. 
‘‘(B) PROCEEDING TO CONSIDERATION.— 
Beginning on the third legislative day after 
each committee to which a joint resolution to 
terminate has been referred reports it to the 
House or has been discharged from further con-
sideration thereof, it shall be in order to move 
to proceed to consider the joint resolution to 
terminate in the House. All points of order 
against the motion are waived, except that such 
a motion shall not be in order after the House 
has disposed of a motion to proceed on the joint 
resolution to terminate. The previous question 
shall be considered as ordered on the motion to 
its adoption without intervening motion. The 
motion shall not be debatable. A motion to re-
consider the vote by which the motion is dis-
posed of shall not be in order. 
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‘‘(C) CONSIDERATION.—The joint resolu-
tion to terminate shall be considered as read. 
All points of order against the joint resolution 
to terminate and against its consideration are 
waived. The previous question shall be consid-
ered as ordered on the joint resolution to termi-
nate to final passage without intervening mo-
tion except one hour of debate equally divided 
and controlled by the sponsor of the joint reso-
lution to terminate (or a designee) and an oppo-
nent. A motion to reconsider the vote on pas-
sage of the joint resolution to terminate shall 
not be in order. 
‘‘(5) COORDINATION WITH ACTION BY OTHER 
HOUSE.— 
‘‘(A) IN GENERAL.—If, before the passage 
by one House of a joint resolution to terminate 
of that House, that House receives from the 
other House a joint resolution to terminate with 
regard to the same proclamation or Executive 
order, then the following procedures shall apply: 
‘‘(i) The joint resolution to terminate 
of the other House shall not be referred to 
a committee. 
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‘‘(ii) With respect to a joint resolution 
to terminate of the House receiving the 
joint resolution— 
‘‘(I) the procedure in that House 
shall be the same as if no joint resolu-
tion to terminate had been received 
from the other House; but 
‘‘(II) the vote on passage shall be 
on the joint resolution to terminate of 
the other House. 
‘‘(iii) Upon the failure of passage of 
the joint resolution to terminate of the 
other House, the question shall imme-
diately occur on passage of the joint reso-
lution to terminate of the receiving House. 
‘‘(B) TREATMENT
OF
LEGISLATION
OF 
OTHER HOUSE.—If one House fails to introduce 
a joint resolution to terminate under this sec-
tion, the joint resolution to terminate of the 
other House shall be entitled to expedited floor 
procedures under this section. 
‘‘(C) APPLICATION
TO
REVENUE
MEAS-
URES.—The provisions of this paragraph shall 
not apply in the House of Representatives to a 
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joint resolution of approval which is a revenue 
measure. 
‘‘(6) TREATMENT OF VETO MESSAGE.—Debate 
on a veto message in the Senate under this section 
shall be 1 hour evenly divided between the majority 
and minority leaders or their designees. 
‘‘(e) RULE OF CONSTRUCTION.—The enactment of a 
joint resolution of approval or a joint resolution of termi-
nation under this section may not be interpreted to serve 
as a grant or modification by Congress of statutory au-
thority for the emergency powers of the President. 
‘‘(f) RULES OF THE HOUSE AND SENATE.—This sec-
tion is enacted by Congress— 
‘‘(1) as an exercise of the rulemaking power of 
the Senate and the House of Representatives, re-
spectively, and as such is deemed a part of the rules 
of each House, respectively, but applicable only with 
respect to the procedure to be followed in the House 
in the case of joint resolutions described in this sec-
tion, and supersedes other rules only to the extent 
that it is inconsistent with such other rules; and 
‘‘(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
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in the same manner, and to the same extent as in 
the case of any other rule of that House. 
‘‘SEC. 204. BAR ON PERMANENT EMERGENCIES. 
‘‘(a) IN GENERAL.—Any national emergency declared 
by the President under section 201(a), and not otherwise 
terminated, shall automatically terminate on the date that 
is 5 years after the date of its declaration. 
‘‘(b) EMERGENCIES ALREADY IN EFFECT.—Any na-
tional emergency declaration that remains in force as of 
the date of the enactment of this section and— 
‘‘(1) has been in effect for 3 years or fewer as 
of such date, shall automatically terminate on the 
date that is 5 years after the date of the enactment 
of this section; or 
‘‘(2) has been in effect for more than 3 years 
as of such date, shall automatically terminate on the 
date that is 2 years after the date of the enactment 
of this section. 
‘‘(c) EFFECT OF TERMINATION.—If a national emer-
gency declaration terminates pursuant to this section, no 
emergency may subsequently be declared based on sub-
stantially the same facts and circumstances.’’. 
SEC. 303. REPORTING REQUIREMENTS. 
Section 401 of the National Emergencies Act (50 
U.S.C. 1641) is amended— 
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(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) REPORT UPON DECLARATION OR RENEWAL OF 
NATIONAL EMERGENCY.—The President shall transmit to 
Congress, concurrently with any proclamation declaring a 
national emergency under section 201(a), any Executive 
order specifying emergency powers or authorities under 
section 201(b)(2), or any Executive order renewing a na-
tional emergency under section 202(b), a written report 
that includes each of the following: 
‘‘(1) A description of the circumstances necessi-
tating the declaration of a national emergency, the 
renewal of such an emergency, or the use of a new 
emergency authority specified in the Executive 
order, as the case may be. 
‘‘(2) The estimated duration of the national 
emergency, or a statement that the duration of the 
national emergency cannot reasonably be estimated 
at the time of transmission of the report. 
‘‘(3) A summary of the actions the President or 
other officers intend to take, including any re-
programming or transfer of funds, and the statutory 
authorities the President and such officers expect to 
rely on in addressing the national emergency. 
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‘‘(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 trans-
fer of funds, to address the emergency.’’; and 
(2) by adding at the end the following: 
‘‘(d) REPORT ON EXPENDITURES AND ACTIVITIES 
DURING NATIONAL EMERGENCY
OR WAR.—Not later 
than 90 days after the end of each 180-day period fol-
lowing a proclamation declaring a national emergency 
under section 201(a) or a declaration of war by the Con-
gress, the President shall transmit to Congress a report 
on— 
‘‘(1) the total expenditures of the United States 
Government during such 180-day period which are 
directly attributable to the exercise of powers and 
authorities conferred by such declaration; and 
‘‘(2) with respect to a declaration of a national 
emergency— 
‘‘(A) the status of the emergency; and 
‘‘(B) the actions the President or other of-
ficers have taken pursuant to such emergency 
and authorities the President and such officers 
have relied on in addressing the emergency. 
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‘‘(e) FINAL REPORT ON EXPENDITURES OR ACTIVI-
TIES DURING NATIONAL EMERGENCY
OR WAR.—Not 
later than 90 days after the termination of a national 
emergency under section 201(a) or a declaration of war 
by the Congress, the President shall transmit to Congress 
a final report on each matter described in paragraphs (1) 
and (2) of subsection (d) with respect to such emergency 
or war. 
‘‘(f) PROVISION OF INFORMATION TO CONGRESS.— 
The President shall provide to Congress such other infor-
mation as Congress may request in connection with any 
national emergency in effect under title II. 
‘‘(g) PUBLIC DISCLOSURE.—The reports described in 
subsections (c), (d), and (e) shall be in unclassified form 
and shall be made public at the same time as their trans-
mission to Congress, although a classified annex may be 
provided to Congress as necessary.’’. 
SEC. 304. DISCLOSURES TO CONGRESS OF PRESIDENTIAL 
DOCUMENTS RELATING TO EMERGENCY AC-
TIONS. 
(a) IN GENERAL.— 
(1) Not later than 30 days after the conclusion 
of the process for approval, adoption, or revision of 
any presidential emergency action document, the 
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President shall submit that document to the appro-
priate congressional committees. 
(2) Not later than 180 days after the conclu-
sion of the process for approval, adoption, or revi-
sion of any presidential emergency action document, 
the head of each relevant Federal department and 
agency shall complete a declassification review of the 
document and shall make public any declassified 
portions of the document. If significant portions of 
the document remain classified, the respective head 
shall release an unclassified summary of the docu-
ment. 
(b) DOCUMENTS IN EXISTENCE BEFORE DATE OF 
ENACTMENT.— 
(1) Not later than 15 days after the date of the 
enactment of this Act, the President shall submit to 
the appropriate congressional committees all presi-
dential emergency action documents in existence be-
fore such date of enactment. 
(2) Not later than 1 year after the date of en-
actment of this Act, the head of each relevant Fed-
eral department and agency shall complete a declas-
sification review of all presidential emergency action 
documents in existence before such date of enact-
ment, and shall make public any declassified por-
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tions of the documents. If significant portions of the 
document remain classified, the respective head shall 
release an unclassified summary of the document. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’, with respect to a presidential emergency 
action document, means— 
(A) the Committee on Oversight and Re-
form, the Committee on the Judiciary, and the 
Permanent Select Committee on Intelligence of 
the House of Representatives; 
(B) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
the Judiciary, and the Select Committee on In-
telligence of the Senate; and 
(C) any other committee of the Senate or 
the House of Representatives with jurisdiction 
over the subject matter addressed in the presi-
dential emergency action document. 
(2) PRESIDENTIAL EMERGENCY ACTION DOCU-
MENT.—The term ‘‘presidential emergency action 
document’’ means— 
(A) each of the approximately 56 docu-
ments described as ‘‘presidential emergency ac-
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tion documents’’ in the budget justification ma-
terials for the Office of Legal Counsel of the 
Department of Justice submitted to Congress in 
support of the budget of the President for fiscal 
year 2018; and 
(B) any other pre-coordinated legal docu-
ment, without regard to whether such document 
was promulgated before, on, or after the date of 
the enactment of this Act, that— 
(i) is designated as a ‘‘presidential 
emergency action document’’; or 
(ii) is designed to implement a presi-
dential decision or transmit a presidential 
request when an emergency disrupts nor-
mal governmental or legislative processes. 
SEC. 305. CONFORMING AMENDMENTS. 
(a) NATIONAL EMERGENCIES ACT.—Title III of the 
National Emergencies Act (50 U.S.C. 1631) is repealed. 
(b) INTERNATIONAL EMERGENCY ECONOMIC POW-
ERS ACT.—Section 207 of the International Emergency 
Economic Powers Act (50 U.S.C. 1706) is amended— 
(1) in subsection (b), by striking ‘‘concurrent 
resolution’’ and inserting ‘‘joint resolution’’; and 
(2) by adding at the end the following: 
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‘‘(e) In this section, the term ‘National Emergencies 
Act’ means the National Emergencies Act, as in effect on 
the day before the date of the enactment of the National 
Emergencies Reforms Act.’’. 
SEC. 306. EFFECTIVE DATE; APPLICABILITY. 
(a) IN GENERAL.—Except as provided in subsection 
(c), this title and the amendments made by this title 
shall— 
(1) take effect on the date of the enactment of 
this Act; and 
(2) apply with respect to national emergencies 
declared under section 201 of the National Emer-
gencies Act, as amended by section 302 of this title, 
on or after that date. 
(b) APPLICABILITY TO RECENTLY DECLARED EMER-
GENCY.—A national emergency declared under section 
201 of the National Emergencies Act not later than 90 
days before the date of the enactment of this Act shall 
be treated for purposes of subsection (a)(2) as being de-
clared on such date of enactment. 
(c) APPLICABILITY
TO RENEWALS
OF EXISTING 
EMERGENCIES PREVIOUSLY DECLARED.—The amend-
ments made by this title, other than the amendments 
made with respect to the renewal of a national emergency 
under section 202(b) of the National Emergencies Act, 
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shall not apply with respect to any national emergency de-
clared under section 201 of the National Emergencies Act 
before the date of the enactment of this Act. Each such 
emergency shall terminate on the date that is one year 
after the date of enactment of this Act, unless the emer-
gency is renewed in accordance with such section 202(b) 
as so amended. 
Æ 
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