National Security Reforms and Accountability Act
Bill: H.R.5410 | Sponsor: Rep. McGovern, James P. (D-MA)
Policy area: International Affairs

Summary:
National Security Reforms and Accountability Act
This bill limits presidential authorities related to, and increases congressional oversight of, introducing U.S. armed forces into hostilities, arms transactions, and national emergencies.
The bill makes various changes to the War Powers Resolution, which provides procedures for Congress and the President to participate in decisions to send U.S. forces into hostilities. These changes include requiring specific statutory authorization for, and revising congressional procedures to approve or disapprove of, the introduction of U.S. forces into hostilities. The bill also prohibits the use of federal funds for any activity of U.S. forces that lacks the required authorization.
The President must also seek congressional approval before entering, renewing, or extending an arms sale or related transaction if the transaction exceeds specified dollar thresholds. This does not apply to transactions with NATO and its member countries, Australia, Japan, South Korea, Israel, New Zealand, or Taiwan. The bill also prohibits transfers of defense articles and services to countries that commit genocide or otherwise violate international humanitarian law.
The bill restricts presidential authorities related to national emergencies, including by limiting the period of a declared emergency to 30 days unless Congress authorizes an extension. The bill also establishes procedures for approving or disapproving an extension, requires the President to provide more detailed reports to Congress about national emergencies, and sets out specific provisions for terminating an emergency.

To provide for clarification and limitations with respect to the 
     exercise of national security powers, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Security 
Reforms and Accountability Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                      TITLE I-- WAR POWERS REFORM

Sec. 101. Short title.
Sec. 102. Purpose and policy.
Sec. 103. Consultation and notification.
Sec. 104. Specific statutory authorization required.
Sec. 105. Congressional priority procedures for joint resolution.
Sec. 106. Interpretation of joint resolution.
Sec. 107. Judicial review.
Sec. 108. Termination of funding; termination of use of military force.
Sec. 109. Law of Armed Conflict, international humanitarian law, and 
                            the treaty obligations of the United 
                            States.
Sec. 110. Definitions.
                      TITLE II--ARMS EXPORT REFORM

Sec. 201. Short title.
Sec. 202. Congressional review and approval of certain sales, exports, 
                            leases, and loans of defense articles and 
                            services.
Sec. 203. Prohibition on transfer of defense articles and defense 
                            services to countries that commit genocide 
                            or violations of international humanitarian 
                            law.
               TITLE III--NATIONAL EMERGENCIES REFORM ACT

Sec. 301. Short title.
Sec. 302. Congressional review of national emergencies.
Sec. 303. Reporting requirements.
Sec. 304. Disclosures to Congress of presidential documents relating to 
                            emergency actions.
Sec. 305. Conforming amendments.
Sec. 306. Effective date; applicability.

                      TITLE I-- WAR POWERS REFORM

SEC. 101. SHORT TITLE.

    This title may be cited as the ``War Powers Resolution 
Modernization and Accountability Act''.

SEC. 102. PURPOSE AND POLICY.

    Section 2 of the War Powers Resolution (50 U.S.C. 1541) is 
amended--
            (1) in subsection (a), by striking ``imminent involvement 
        in hostilities is clearly indicated by the circumstances'' and 
        inserting ``there is a serious risk of hostilities'';
            (2) in subsection (b), by inserting ``declare war, exercise 
        enumerated war powers, and'' after ``Congress shall have the 
        power to''; and
            (3) in subsection (c)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``powers'' and inserting 
                        ``authority''; and
                            (ii) by striking ``imminent involvement in 
                        hostilities is clearly indicated by the 
                        circumstances'' and inserting ``there is a 
                        serious risk of hostilities''; and
                    (B) by amending paragraph (3) to read as follows: 
                ``(3) when necessary to repel a sudden attack, or 
                respond to a concrete, specific, and immediate threat 
                of such a sudden attack upon the United States, its 
                territories or possessions, United States forces, or 
                United States citizens.''.

SEC. 103. CONSULTATION AND NOTIFICATION.

    Section 3 of the War Powers Resolution (50 U.S.C. 1542) is 
amended--
            (1) in the section heading, by inserting ``and 
        notification'' after ``consultation'';
            (2) by striking ``The President'' and inserting ``(a) The 
        President'';
            (3) by inserting ``, including with the appropriate 
        congressional committees and leadership,'' after ``consult with 
        Congress'';
            (4) by striking ``imminent involvement in hostilities is 
        clearly indicated by the circumstances'' and inserting ``there 
        is a serious risk of hostilities'';
            (5) by striking ``until United States Armed Forces'' and 
        inserting ``, including submitting to the appropriate 
        congressional committees and leadership any and all information 
        and materials relied on to justify the decision to introduce 
        and continue the deployment of United States forces, until such 
        forces''; and
            (6) by adding at the end the following:
    ``(b) The President shall notify the Congress, including the 
appropriate congressional committees and leadership--
            ``(1) before United States forces are introduced into the 
        territory, airspace, or waters of a foreign country while 
        equipped for combat, except with respect to deployments that 
        relate solely to supply, replacement, repair, or training of 
        such forces; and
            ``(2) before United States forces are introduced into the 
        territory, airspace, or waters of a foreign country in which 
        there are already United States forces equipped for combat if 
        the introduction of such forces would substantially enlarge the 
        overall number of United States forces equipped for combat 
        located in that country or otherwise substantially increase the 
        military capabilities of United States forces.
    ``(c) In the event that circumstances prohibit the notification 
required by subsection (b) prior to the introduction of United States 
forces, the President shall provide such notification not later than 48 
hours after such introduction, including an explanation of why it could 
not be offered prior to such introduction.
    ``(d) The notification required by subsection (b) or (c) shall 
include, at a minimum, the circumstances necessitating the introduction 
of United States forces, the statutory or constitutional authority for 
such introduction, and the expected scope and duration of the use of 
such forces.''.

SEC. 104. SPECIFIC STATUTORY AUTHORIZATION REQUIRED.

    The War Powers Resolution (50 U.S.C. 1541 et seq.) is amended--
            (1) by striking sections 4, 5, 6, and 7;
            (2) by redesignating sections 8, 9, and 10 as sections 6, 
        11, and 12, respectively; and
            (3) by inserting after section 3 the following:

              ``specific statutory authorization required

    ``Sec. 4.  (a) In the absence of a declaration of war, and except 
as provided in subsection (b), United States forces may be introduced 
into hostilities or into situations where there is a serious risk of 
hostilities only if, before introducing such forces--
            ``(1) the President submits to the appropriate 
        congressional committees and leadership an initial report in 
        accordance with the requirements of subsection (d)(1) for the 
        use of such forces; and
            ``(2) the Congress enacts a specific statutory 
        authorization for the use of such forces.
    ``(b)(1) In the absence of a declaration of war, in any case in 
which United States forces are introduced into hostilities or into 
situations where there is a serious risk of hostilities--
            ``(A) when necessary to repel a sudden attack, or respond 
        to a concrete, specific, and immediate threat of such a sudden 
        attack, upon the territory, airspace, or waters of the United 
        States, United States forces, or United States citizens; and
            ``(B) the time required to obtain prior specific statutory 
        authorization for the use of such forces as required under 
        subsection (a) would prevent an effective defense against the 
        attack or threat of attack,
the President shall, not later than 48 hours after ordering the use of 
such forces, inform the appropriate congressional committees and 
leadership of the President's decision and describe the use of such 
forces, the justification for the use of such forces without prior 
specific statutory authorization, and certify whether hostilities have 
concluded or are continuing.
    ``(2)(A) Except as provided in subparagraph (B), not later than 
seven calendar days after ordering the use of United States forces as 
described in paragraph (1), the President shall submit to the 
appropriate congressional committees and leadership--
            ``(i) a request for specific statutory authorization for 
        the use of such forces; and
            ``(ii) a report that meets the requirements of subsection 
        (d)(1)(B).
    ``(B) The requirement to submit a request for specific statutory 
authorization for the use of United States forces under subparagraph 
(A) shall not apply in any case in which the President--
            ``(i) has withdrawn, removed, or otherwise ceased the use 
        of such forces; and
            ``(ii) has certified to the appropriate congressional 
        committees and leadership that the President does not 
        anticipate introducing United States forces into hostilities or 
        into situations where there is a serious risk of hostilities 
        for a substantially similar purpose.
    ``(c)(1) If the Congress does not enact a specific statutory 
authorization for the use of United States forces under subsection (b) 
within 20 days of the introduction of such forces into hostilities or a 
situation where there is a serious risk hostilities, the President 
shall withdraw, remove, or otherwise cease the use of such forces.
    ``(2) The 20-day period described in paragraph (1) shall be 
extended for not more than an additional 10 days if the President 
determines and certifies to the Congress in writing that unavoidable 
military necessity respecting the safety of such forces requires the 
continued use of such forces for the sole purpose of bringing about the 
safe removal of such forces.
    ``(d)(1)(A) If the Congress does enact a specific statutory 
authorization for the use of United States forces under subsection (a) 
or (b), the President shall submit to the appropriate congressional 
committees and leadership a report in writing on the use of such 
forces--
                    ``(i) not less frequently than every 30 days; and
                    ``(ii) as new information becomes available or 
                whenever there is a material change in the information 
                previously reported under this paragraph.
    ``(B) The report required by subparagraph (A) shall, with respect 
to each use of United States forces, include the following:
            ``(i) The circumstances necessitating the use of such 
        forces.
            ``(ii) An identification of enemy and opposing forces.
            ``(iii) The specific United States constitutional and 
        statutory authorities and international law authorities for the 
        use of such forces with respect to each enemy and opposing 
        force identified pursuant to clause (ii), including an 
        explanation of whether the use of such forces is consistent 
        with existing United States international legal obligations.
            ``(iv) The total cost of the use of such forces since the 
        introduction of such forces into hostilities or into situations 
        where there is a serious risk of hostilities.
            ``(v) The estimated scope and duration of the use of such 
        forces, including the personnel and weapons to be deployed.
            ``(vi) The country or countries in which such forces are 
        deployed.
            ``(vii) A description of--
                    ``(I) the mission of such forces;
                    ``(II) the outcomes or benchmarks that would 
                indicate the mission is complete; and
                    ``(III) the length of time it is expected to take 
                to meet the objectives of the mission.
            ``(viii) An identification of United States allied or 
        partner forces or multilateral organizations that are or may be 
        involved in the deployment.
            ``(ix) The risk to United States persons or property 
        involved in the deployment.
            ``(x) Any other information as may be required to fully 
        inform Congress.
    ``(C) The report required by subparagraph (A)--
            ``(i) shall be submitted in unclassified form without any 
        designation relating to dissemination control; and
            ``(ii) may include a classified annex only to the extent 
        required to protect the national security of the United States.
    ``(2) If the Congress does enact a specific statutory authorization 
for the use of United States forces under subsection (a) or (b), the 
Director of the Congressional Budget Office shall submit to the 
appropriate congressional committees and leadership--
            ``(A) a report in writing that contains an analysis and 
        estimate of the costs of such use of forces not less frequently 
        than every 180 days until termination of the specific statutory 
        authorization; and
            ``(B) a report in writing that contains a final analysis of 
        the costs of such use of forces not later than 30 days after 
        the date of termination of the specific statutory 
        authorization.
    ``(e) In the event hostilities in which United States forces are 
engaged extend to a country, organization, or enemy or opposing force 
that is not identified in a specific statutory authorization pursuant 
to which United States forces are operating--
            ``(1) such extension shall be deemed to constitute a 
        separate introduction of United States forces into hostilities 
        within the meaning of section 3 and this section, including 
        with respect to the limitations and consultation, notification, 
        and reporting requirements described in such sections; and
            ``(2) such forces may continue to engage in such 
        hostilities only if a new specific statutory authorization is 
        enacted into law in accordance with subsection (a) or (b), as 
        applicable, with respect to such country, organization, or 
        enemy or opposing force.
    ``(f)(1) Notwithstanding subsections (a) and (b), at any time 
during which United States forces are engaged in hostilities without a 
declaration of war or pursuant to a specific statutory authorization 
under subsection (a) or (b) before the expiration of the time period 
specified in paragraph (1) or (2) of subsection (c), as applicable, 
such forces shall be removed by the President if the Congress enacts a 
joint resolution directing the President to so remove such forces.
    ``(2) The expedited procedures described in section 5 shall apply 
with respect to a joint resolution described in this subsection.''.

SEC. 105. CONGRESSIONAL PRIORITY PROCEDURES FOR JOINT RESOLUTION.

    The War Powers Resolution, as amended by this Act, is further 
amended by inserting after section 4 the following:

        ``congressional priority procedures for joint resolution

    ``Sec. 5.  (a) Any joint resolution introduced to provide specific 
statutory authorization under section 4(a) or under section 4(b) before 
the expiration of the time period specified in paragraph (1) or (2) of 
section 4(c) shall be referred to the committee of jurisdiction of the 
House of Representatives or of the Senate, as applicable, and such 
committee shall report one such joint resolution, together with its 
recommendations. If a committee of the House to which such joint 
resolution has been referred has not reported it, within 10 legislative 
days in the House of Representatives or 10 session days in the Senate 
after the date of referral, that committee shall be discharged from 
further consideration.
    ``(b) In the House of Representatives:
            ``(1) Between the third legislative day and the 13th 
        legislative day after the committee of jurisdiction reports the 
        joint resolution to the House or has been discharged from 
        further consideration thereof, it shall be in order for the 
        chair of the committee of jurisdiction (or a designee) or the 
        sponsor of such joint resolution (or a designee) to announce 
        his or her intent to offer a motion to proceed and to move to 
        proceed to consider the joint resolution, except that the chair 
        of the committee (or a designee) shall have priority in 
        recognition to offer the motion followed by the sponsor.
            ``(2) All points of order against such motion are waived, 
        except that such a motion shall not be in order after the House 
        has disposed of the same joint resolution. A motion to proceed 
        to consider any other joint resolution introduced to provide 
        specific statutory authorization under section 4(a) or under 
        section 4(b) authorizing the use of United States forces for 
        the same purpose as the joint resolution described in preceding 
        sentence shall not be in order after a motion to proceed on the 
        joint resolution described in the preceding sentence has been 
        offered.
            ``(3) Such motion to proceed shall be scheduled within two 
        legislative days after the date of such announcement.
            ``(4) The previous question shall be considered as ordered 
        on the motion to its adoption without intervening motion except 
        20 minutes of debate equally divided and controlled by a 
        proponent and an opponent. A motion to reconsider the vote by 
        which the motion is disposed of shall not be in order. The 
        motion to proceed shall be subject to a motion to table.
            ``(5) Upon adoption of the motion to proceed, such joint 
        resolution shall be considered as read. All points of order 
        against such joint resolution, and against its consideration, 
        are waived. The previous question shall be considered as 
        ordered on such joint resolution to final passage without 
        intervening motion, except that two hours of debate shall be 
        equally divided and controlled by--
                    ``(A) the chair of the committee of jurisdiction 
                (or a designee) and the ranking member of that 
                committee (or a designee); or
                    ``(B) if the sponsor of the such joint resolution 
                made the motion to proceed, the sponsor (or a designee) 
                and an opponent.
            ``(6) A motion to reconsider the vote on passage of such 
        joint resolution shall not be in order.
    ``(c) In the Senate--
            ``(1) Notwithstanding Rule XXII of the Standing Rules of 
        the Senate, it is in order at any time after the Committee on 
        Foreign Relations reports such joint resolution to the Senate 
        or has been discharged from its consideration (even though a 
        previous motion to the same effect has been disagreed to) to 
        move to proceed to the consideration of such joint resolution, 
        and all points of order against such joint resolution or 
        against its consideration, are waived. The motion to proceed is 
        not debatable. The motion is not subject to a motion to 
        postpone. A motion to reconsider the vote by which the motion 
        is agreed to or disagreed to shall not be in order. If a motion 
        to proceed to the consideration of such joint resolution is 
        agreed to, the joint resolution shall remain the unfinished 
        business until disposed of.
            ``(2) Debate on such joint resolution, and on all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 10 hours, which shall be divided equally 
        between the majority and minority leaders or their designees. A 
        motion to further limit debate is in order and not debatable. 
        An amendment to, or a motion to postpone, or a motion to 
        proceed to the consideration of other business, or a motion to 
        recommit the joint resolution is not in order.
            ``(3) The vote on passage shall occur immediately following 
        the conclusion of the debate on such joint resolution and a 
        single quorum call at the conclusion of the debate, if 
        requested in accordance with the rules of the Senate.
            ``(4) Appeals from the decisions of the Chair relating to 
        the application of the rules of the Senate, as the case may be, 
        to the procedure relating to such joint resolution shall be 
        decided without debate.
            ``(5) Debate in the Senate of any veto message with respect 
        to such resolution, including all debatable motions and appeals 
        in connection with such resolution, shall be limited to 10 
        hours, to be equally divided between, and controlled by, the 
        majority leader and the minority leader or their designees.
    ``(d)(1) If, before passage by one House of a joint resolution of 
that House, that House receives a joint resolution to provide specific 
statutory authorization from the other House, then the following 
procedures shall apply:
            ``(A) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(B) With respect to the joint resolution of the House 
        receiving the legislation--
                    ``(i) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(ii) the vote on passage shall be on the joint 
                resolution of the other House.
    ``(2) If one House fails to introduce a joint resolution to provide 
specific statutory authorization under section 4(a) or under section 
4(b), the joint resolution of the other House shall be entitled to 
expedited floor procedures under this section.
    ``(3) If, following passage of the joint resolution in the Senate, 
the Senate then receives a joint resolution to provide specific 
statutory authorization from the House of Representatives, the joint 
resolution shall not be debatable.
    ``(4) The provisions of this subsection shall not apply in the 
House of Representatives to a joint resolution which is a revenue 
measure.
    ``(e) This section is enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such are 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of legislation described in those 
        sections, and supersede other rules only to the extent that 
        they are inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.''.

SEC. 106. INTERPRETATION OF JOINT RESOLUTION.

    Section 6 of the War Powers Resolution, as redesignated by section 
104(2), is amended to read as follows:

                  ``interpretation of joint resolution

    ``Sec. 6.  (a) Specific statutory authorization for the use of 
United States forces shall not be inferred--
            ``(1) from any provision of law, including any provision 
        contained in any appropriations Act, unless such provision 
        expressly authorizes the use of such forces and states that it 
        is intended to constitute specific statutory authorization 
        within the meaning of this joint resolution; or
            ``(2) from any source of international legal obligation 
        binding on the United States, including any resolution of the 
        United Nations Security Council or any treaty unless such 
        treaty is implemented by legislation specifically authorizing 
        the use of such forces and stating that it is intended to 
        constitute specific statutory authorization within the meaning 
        of this joint resolution.
    ``(b) Nothing in this joint resolution may be construed to affect 
the authority granted by the Constitution to the Congress or of the 
President, or the provisions of any treaty or other international 
agreement that is in force with respect to the United States before, 
on, or after the date of the enactment of this section.''.

SEC. 107. JUDICIAL REVIEW.

    The War Powers Resolution (50 U.S.C. 1541 et seq.), as amended by 
this Act, is further amended by inserting after section 6 the 
following:

                           ``judicial review

    ``Sec. 7.  (a)(1) If an officer or employee of the executive 
branch, including the President and an officer or employee of the 
Executive Officer of the President, fails to comply with a provision of 
this joint resolution, upon the adoption of a resolution described in 
subsection (b), the House of Representatives or the Senate may bring an 
action in the name of the House of Representatives or the Senate (as 
the case may be) for such relief as may be appropriate, including 
declaratory judgment and any form of ancillary relief, including 
injunctive relief.
    ``(2) An action brought under this section shall be brought--
            ``(A) in the case of an action brought by the House of 
        Representatives, by the Office of the General Counsel of the 
        House of Representatives or such successor office to such 
        Office as the House may designate; or
            ``(B) in the case of an action brought by the Senate, by 
        the Office of the Senate Legal Counsel or such successor office 
        to such Office as the Senate may designate.
    ``(b)(1) A resolution described in this subsection is a resolution 
described as follows:
            ``(A) The resolution does not have a preamble.
            ``(B) The title is as follows: `Authorizing an action under 
        section 7 of the War Powers Resolution.'.
            ``(C) The matter after the resolving clause is as follows: 
        `That the ________ is authorized and directed to bring an 
        action under section 7 of the War Powers Resolution to obtain 
        relief from the failure of ________ to comply with _______ of 
        the War Powers Resolution.', with the first blank space filled 
        in with the identification of the office responsible for 
        bringing an action under this section for the House of Congress 
        involved, the second blank space filled in with the name and 
        position of the officer or employee of the executive branch who 
        has failed to comply with a provision of this Act, and the 
        third blank space filled in with the provision of this joint 
        resolution with which such officer or employee failed to 
        comply.
    ``(2) The expedited procedures described in section 5 shall apply 
with respect to a resolution described in this subsection.
    ``(c) For purposes of this section, the failure of an officer or 
employee of the executive branch, including the President and an 
officer or employee of the Executive Officer of the President, to 
provide any information to Congress as required by this joint 
resolution shall be treated as the failure of such officer or employee 
to comply with this joint resolution.
    ``(d) The following rules shall apply with respect to any action 
brought by the House of Representatives or Senate pursuant to the 
authority of this section:
            ``(1) The action shall be filed in the United States 
        District Court for the District of Columbia, and shall be heard 
        not later than 30 days after the action is filed by a 3-judge 
        court convened pursuant to section 2284 of title 28, United 
        States Code.
            ``(2) A copy of the complaint shall be delivered promptly 
        to the Clerk of the House of Representatives (in the case of an 
        action brought by the House) and the Secretary of the Senate 
        (in the case of an action brought by the Senate).
            ``(3) A final decision in the action shall be reviewable 
        only by appeal directly to the Supreme Court of the United 
        States. Such appeal shall be taken by the filing of a notice of 
        appeal within 10 days, and the filing of a jurisdictional 
        statement within 30 days, of the entry of the final decision.
            ``(4) It shall be the duty of the United States District 
        Court for the District of Columbia and the Supreme Court of the 
        United States to advance on the docket and to expedite to the 
        greatest possible extent the disposition of the action and 
        appeal.
    ``(e) Nothing in this section may be construed to affect the 
treatment of the failure of an officer or employee of the executive 
branch, including the President and an officer or employee of the 
Executive Officer of the President, to comply with a provision of this 
joint resolution as a legal wrong because of agency action for purposes 
of obtaining judicial review under section 702 of title 5, United 
States Code.''.

SEC. 108. TERMINATION OF FUNDING; TERMINATION OF USE OF MILITARY FORCE.

    The War Powers Resolution (50 U.S.C. 1541 et seq.), as amended by 
this Act, is further amended by inserting after section 7 the 
following:

                        ``termination of funding

    ``Sec. 8.  (a) Notwithstanding any other provision of law, no funds 
authorized to be appropriated or otherwise made available under any 
provision of law may be obligated or expended for any activity by 
United States forces for which--
            ``(1) prior congressional authorization is required under 
        section 4(a) but has not been obtained; or
            ``(2) congressional authorization is required under section 
        4(b) but has not been obtained before the expiration of the 
        time period specified in paragraph (1) or (2) of section 4(c), 
        as the case may be.
    ``(b) For such time as may be necessary, not to exceed six months 
after the expiration of a specific statutory authorization for the use 
of United States forces, military force may be used for defensive 
purposes only as necessary to end the deployment or engagement of 
United States forces pursuant to this joint resolution.''.

SEC. 109. LAW OF ARMED CONFLICT, INTERNATIONAL HUMANITARIAN LAW, AND 
              THE TREATY OBLIGATIONS OF THE UNITED STATES.

    The War Powers Resolution (50 U.S.C. 1541 et seq.), as amended by 
this Act, is further amended by inserting after section 8 the 
following:

``law of armed conflict, international humanitarian law, and the treaty 
                    obligations of the united states

    ``Sec. 9.  United States forces may not be introduced into 
hostilities or into situations where there is a serious risk of 
hostilities in a manner inconsistent with the Law of Armed Conflict, 
international humanitarian law, or the treaty obligations of the United 
States.''.

SEC. 110. DEFINITIONS.

    (a) In General.--The War Powers Resolution (50 U.S.C. 1541 et 
seq.), as amended by this Act, is further amended by inserting after 
section 9 the following:

                             ``definitions

    ``Sec. 10.  In this joint resolution:
            ``(1) The term `appropriate congressional committees and 
        leadership' means--
                    ``(A) in the House of Representatives--
                            ``(i) the Committee on Foreign Affairs, the 
                        Committee on Armed Services, the Permanent 
                        Select Committee on Intelligence, and the 
                        Committee on Appropriations; and
                            ``(ii) the Speaker, the majority leader, 
                        and the minority leader; and
                    ``(B) in the Senate--
                            ``(i) the Committee on Foreign Relations, 
                        the Committee on Armed Services, the Select 
                        Committee on Intelligence, and the Committee on 
                        Appropriations; and
                            ``(ii) the majority leader and the minority 
                        leader.
            ``(2) The term `hostilities' means any situation involving 
        any continuous or intermittent use of lethal or potentially 
        lethal force by or against United States forces (or, for 
        purposes of paragraph (3)(B), foreign regular or irregular 
        forces) carried out through land, sea, air, space, or cyber 
        operations, or through any other domain, including whether or 
        not such force is deployed remotely.
            ``(3) The term `introduce' means--
                    ``(A) with respect to hostilities or a situation in 
                which there is a serious risk of hostilities, any 
                commitment, engagement, or other involvement of United 
                States forces (or, for purposes of paragraph (3)(B), of 
                foreign regular or irregular forces), whether or not 
                constituting self-defense measures by United States 
                forces, in response to an attack or imminent threat of 
                attack outside the United States, and whether or not 
                United States forces are present or operating remotely 
                launched, piloted, or directed attacks; or
                    ``(B) the use, including assigning or temporary 
                detailing, of members of United States forces to--
                            ``(i) command, advise, assist, accompany, 
                        coordinate, or train any foreign regular or 
                        irregular forces engaged in hostilities or in a 
                        situation in which there is a serious risk that 
                        those foreign forces become engaged in 
                        hostilities; or
                            ``(ii) provide any other type of support 
                        that would render the United States a party to 
                        a conflict in which it is not already engaged 
                        or be more likely than not to do so.
            ``(4) The term `serious risk of hostilities' means any 
        situation in which there exists a substantial possibility that 
        United States forces (or, for purposes of paragraph (3)(B), 
        foreign regular or irregular forces) will become engaged in 
        hostilities, irrespective of any belief that the presence of 
        such forces will deter the onset of hostilities.
            ``(5) The term `specific statutory authorization' means any 
        joint resolution introduced after the date of the enactment of 
        the War Powers Resolution Modernization and Accountability Act 
        and enacted into law to authorize the introduction of United 
        States forces into hostilities or into situations where there 
        is a serious risk of hostilities that sets forth, at a minimum, 
        the following:
                    ``(A) A clearly defined mission and operational 
                objectives, the identity of all specific entity or 
                entities against which force is authorized, and the 
                foreign country or countries in which the hostilities 
                by such forces are authorized.
                    ``(B) A requirement the President seek from the 
                Congress a subsequent specific statutory authorization, 
                in accordance with the requirements of section 4, for 
                any expansion of the mission to include new operational 
                objectives, additional enemy forces, or new countries 
                in which such forces are operating, in each case to the 
                extent not specifically identified in the previous 
                authorization.
                    ``(C) A termination of the authorization for the 
                use of such forces within two years absent the 
                enactment of a subsequent specific statutory 
                authorization for such use of the United States forces.
            ``(6) The term `substantially enlarge' means, for any 30-
        day period, an increase in the overall number of United States 
        forces, including temporary duty or rotational forces, that is 
        the lesser of--
                    ``(A) an increase of 25 percent or more of the 
                number of such forces; or
                    ``(B) an increase of 1,000 or more of the number of 
                such forces.
            ``(7) The term `train' or `training' has the meaning given 
        the term `military education and training' in section 644 of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2403).
            ``(8) The term `United States forces' means any individuals 
        who are employed by, or under contract to, or under the 
        direction of, any department or agency of the United States 
        Government who are or may be--
                    ``(A) deployed and equipped for combat; or
                    ``(B) engaged in the use of lethal or potentially 
                lethal force carried out through land, sea, air, space, 
                or cyber operations, or through any other domain''.
    (b) Use of Term ``Forces''.--The War Powers Resolution (50 U.S.C. 
1541 et seq.), as amended by this Act, is further amended--
            (1) by striking ``Armed Forces'' each place it appears and 
        inserting ``forces''; and
            (2) by striking ``armed forces'' each place it appears and 
        inserting ``forces''.

                      TITLE II--ARMS EXPORT REFORM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Arms Export Control Reform Act''.

SEC. 202. CONGRESSIONAL REVIEW AND APPROVAL OF CERTAIN SALES, EXPORTS, 
              LEASES, AND LOANS OF DEFENSE ARTICLES AND SERVICES.

    (a) In General.--Section 36 of the Arms Export Control Act (22 
U.S.C. 2776) is amended--
            (1) by redesignating subsections (e), (f), (g), (h), and 
        (i) as subsections (f), (g), (h), (i), and (j), respectively; 
        and
            (2) by inserting after subsection (d) the following:
    ``(e) Congressional Review and Approval of Certain Sales, Exports, 
Leases, and Loans of Defense Articles and Services.--
            ``(1) In general.--Except as provided in paragraph (3) and 
        subject to paragraph (4)--
                    ``(A) no letter of offer to sell any defense 
                articles or services described in paragraph (2) may be 
                issued under this Act with respect to a proposed sale 
                to a foreign country or international organization 
                unless--
                            ``(i) the President transmits to Congress a 
                        numbered certification with respect to the 
                        letter of offer containing the information 
                        described in paragraphs (1) and (4) of 
                        subsection (b); and
                            ``(ii) there is enacted into law a joint 
                        resolution of approval under paragraph (5) with 
                        respect to the letter of offer;
                    ``(B) no license may be issued under this Act 
                (other than with regard to a sale under section 21 or 
                22 of this Act), including under section 38 of this 
                Act, for the export of any defense articles or services 
                described in paragraph (2) with respect to a proposed 
                export to a foreign country or international 
                organization unless--
                            ``(i) the President transmits to Congress 
                        an unclassified numbered certification with 
                        respect to the license containing the 
                        information described in subsection (c)(1); and
                            ``(ii) there is enacted into law a joint 
                        resolution of approval under paragraph (5) with 
                        respect to the license; and
                    ``(C) no agreement to lease defense articles 
                described in paragraph (2) may be entered into under 
                chapter 6 of this Act with respect to a proposed lease 
                to a foreign country, or to loan defense articles under 
                chapter 2 of part II of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2311 et seq.) with respect to a 
                proposed loan to a foreign country, unless--
                            ``(i) the President transmits to Congress a 
                        written certification with respect to the 
                        agreement containing the information described 
                        in section 62(a); and
                            ``(ii) there is enacted into law a joint 
                        resolution of approval under paragraph (5) with 
                        respect to the agreement.
            ``(2) Defense articles and services described.--Defense 
        articles and services described in this paragraph are the 
        following:
                    ``(A) Firearms and ammunition of $1,000,000 or 
                more.
                    ``(B) Air to ground munitions of $14,000,000 or 
                more.
                    ``(C) Tanks, armored vehicles, and related 
                munitions of $14,000,000 or more.
                    ``(D) Fixed and rotary, manned or unmanned aircraft 
                of $14,000,000 or more.
                    ``(E) Services or training of $14,000,000 or more.
            ``(3) Exception.--The requirements of subparagraphs 
        (A)(ii), (B)(ii), and (C)(ii) of paragraph (1) shall not apply 
        with respect to a proposed sale, export, lease, or loan of 
        defense articles or services to the North Atlantic Treaty 
        Organization (NATO), any member country of NATO, Australia, 
        Japan, the Republic of Korea, Israel, New Zealand, or Taiwan if 
        a joint resolution of approval under paragraph (5) with respect 
        to the sale, export, lease, or loan is not introduced in either 
        House of Congress during the 15-day period beginning on the 
        date on which Congress receives a numbered certification under 
        subparagraph (A)(i) with respect to the sale, an unclassified 
        numbered certification under subparagraph (B)(i) with respect 
        to the export, or a written certification under subparagraph 
        (C)(i) with respect to the lease or loan.
            ``(4) Emergency procedures.--
                    ``(A) In general.--The requirement that a joint 
                resolution of approval be enacted into law for purposes 
                of subparagraph (A)(ii), (B)(ii), or (C)(ii) of 
                paragraph (1) shall not apply with respect to a 
                proposed sale, export, lease, or loan of defense 
                articles or services if the President--
                            ``(i) subject to subparagraph (B) and 
                        except as provided in subparagraph (C), 
                        determines that an emergency exists that 
                        requires the sale, export, lease, or loan to be 
                        in the national security interest of the United 
                        States; and
                            ``(ii) submits to the Committee on Foreign 
                        Affairs of the House of Representatives and the 
                        Committee on Foreign Relations of the Senate 
                        such determination and justification for the 
                        determination, and which also includes a 
                        specific and detailed description of how the 
                        waiver of the congressional review requirements 
                        directly responds to or addresses the 
                        circumstances of the emergency cited in the 
                        determination.
                    ``(B) The President may make a determination under 
                subparagraph (A)(i) only if the President certifies to 
                the Committee on Foreign Affairs of the House of 
                Representatives and the Committee on Foreign Relations 
                of the Senate that the defense articles or services to 
                be sold, exported, leased, or loaned will be delivered 
                not later than 60 days after the date of such 
                certification.
                    ``(C) The President may not make a determination 
                under subparagraph (A)(i) in the case of a proposed 
                sale, export, lease, or loan of defense articles or 
                services that include manufacturing or co-production of 
                the articles or services outside the United States.
            ``(5) Review by congress.--
                    ``(A) Joint resolution of approval defined.--In 
                this paragraph, the term `joint resolution of approval' 
                means a joint resolution that contains only the 
                following provisions after its resolving clause:
                            ``(i) In the case of a letter of offer 
                        described in paragraph (1)(A), a provision 
                        approving the issuance of the letter of offer.
                            ``(ii) In the case of a license described 
                        in paragraph (1)(B), a provision approving the 
                        issuance of the license.
                            ``(iii) In the case of a lease or loan 
                        agreement described in paragraph (1)(C), a 
                        provision approving the agreement.
                    ``(B) Procedures for consideration of joint 
                resolutions of approval.--
                            ``(i) Introduction.--After the President 
                        transmits to Congress a numbered certification 
                        with respect to a letter of offer described in 
                        paragraph (1)(A)(i), an unclassified numbered 
                        certification with respect to a license 
                        described in paragraph (1)(B)(i), or a written 
                        certification with respect to the agreement 
                        described in paragraph (1)(C)(i), a joint 
                        resolution of approval may be introduced in 
                        either House of Congress by any member of that 
                        House.
                            ``(ii) Committee referral.--A joint 
                        resolution of approval shall be referred in 
                        each House of Congress to the Committee on 
                        Foreign Relations of the Senate and the 
                        Committee on Foreign Affairs of the House of 
                        Representatives.
                            ``(iii) Consideration in senate.--In the 
                        Senate, the following shall apply:
                                    ``(I) Reporting and discharge.--If 
                                the committee to which a joint 
                                resolution of approval has been 
                                referred has not reported it at the end 
                                of 10 session days after its 
                                introduction, that committee shall be 
                                automatically discharged from further 
                                consideration of the resolution and it 
                                shall be placed on the calendar.
                                    ``(II) Proceeding to 
                                consideration.--Notwithstanding Rule 
                                XXII of the Standing Rules of the 
                                Senate, when the committee to which a 
                                joint resolution of approval is 
                                referred has reported the resolution, 
                                or when that committee is discharged 
                                under subclause (I) from further 
                                consideration of the resolution, it is 
                                at any time thereafter in order (even 
                                though a previous motion to the same 
                                effect has been disagreed to) for a 
                                motion to proceed to the consideration 
                                of the joint resolution, and all points 
                                of order against the joint resolution 
                                (and against consideration of the joint 
                                resolution) are waived. The motion to 
                                proceed is subject to 4 hours of debate 
                                divided equally between those favoring 
                                and those opposing the joint resolution 
                                of approval. The motion is not subject 
                                to amendment, or to a motion to 
                                postpone, or to a motion to proceed to 
                                the consideration of other business.
                                    ``(III) Floor consideration.--A 
                                joint resolution of approval shall be 
                                subject to 10 hours of consideration, 
                                to be divided evenly between the 
                                proponents and opponents of the 
                                resolution.
                                    ``(IV) Amendments.--No amendments 
                                shall be in order with respect to a 
                                joint resolution of approval.
                                    ``(V) Motion to reconsider final 
                                vote.--A motion to reconsider a vote on 
                                passage of a joint resolution of 
                                approval shall not be in order.
                                    ``(VI) Appeals.--Points of order, 
                                including questions of relevancy, and 
                                appeals from the decision of the 
                                Presiding Officer, shall be decided 
                                without debate.
                                    ``(VII) Receipt of resolution from 
                                house.--If, before passing a joint 
                                resolution of approval, the Senate 
                                receives from the House a joint 
                                resolution of approval from the House, 
                                then--
                                            ``(aa) the joint resolution 
                                        of the House shall not be 
                                        referred to a committee and 
                                        shall be deemed to have been 
                                        discharged from committee on 
                                        the day it is received; and
                                            ``(bb) the procedures set 
                                        forth in this clause shall 
                                        apply in the Senate to the 
                                        joint resolution received from 
                                        the House to the same extent as 
                                        such procedures apply to a 
                                        joint resolution of the Senate.
                    ``(C) Rules of the house and senate.--This 
                paragraph is enacted by Congress--
                            ``(i) as an exercise of the rulemaking 
                        power of the Senate and the House of 
                        Representatives, respectively, and as such is 
                        deemed a part of the rules of each House, 
                        respectively, but applicable only with respect 
                        to the procedure to be followed in the House in 
                        the case of joint resolutions described in this 
                        section, and supersedes other rules only to the 
                        extent that it is inconsistent with such other 
                        rules; and
                            ``(ii) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that House) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of that House.''.
    (b) Conforming Amendments.--
            (1) Government-to-government sales.--
                    (A) In general.--Section 36(b) of the Arms Export 
                Control Act (22 U.S.C. 2776(b)) is amended--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), in the first 
                                sentence, by striking ``Subject to 
                                paragraph (6)'' and inserting ``Subject 
                                to paragraph (4) and subsection (e)''; 
                                and
                                    (II) in the flush text following 
                                subparagraph (P), by striking the last 
                                two sentences;
                            (ii) by striking paragraphs (2) and (3);
                            (iii) by redesignating paragraphs (4), (5), 
                        and (6) as paragraphs (2), (3), and (4), 
                        respectively;
                            (iv) in subparagraph (C) of paragraph (3) 
                        (as redesignated), in the first sentence, by 
                        striking ``Subject to paragraph (4) and 
                        subsection (e)''; and
                            (v) in paragraph (4) (as redesignated), in 
                        the matter preceding subparagraph (A), by 
                        striking ``in paragraph (5)(C)'' and inserting 
                        ``in paragraph (3)(C)''.
                    (B) Conforming amendment.--Section 38(f)(5)(B)(ii) 
                of such Act (22 U.S.C. 2778(f)(5)(B)(ii)) is amended by 
                striking ``section 36(b)(5)(A)'' and inserting 
                ``section 36(b)(3)(A)''.
            (2) Commercially licensed sales.--Section 36(c) of such Act 
        (22 U.S.C. 2776(c)) is amended--
                    (A) in paragraph (1), in the first sentence, by 
                striking ``Subject to paragraph (5)'' and inserting 
                ``Subject to subsection (e)'';
                    (B) by striking paragraphs (2) through (5); and
                    (C) by redesignating paragraph (6) as paragraph 
                (2).
            (3) Publication.--Subsection (g) of section 36 of such Act 
        (22 U.S.C. 2776) (as redesignated) is amended--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) each numbered certification transmitted under 
        subsection (e)(1)(A)(i), each unclassified number notification 
        transmitted under subsection (e)(1)(B)(i) and each written 
        certification transmitted under subsection (e)(1)(C)(i).''.
            (4) Legislative review of leases and loans.--
                    (A) Repeal.--Section 63 of such Act (22 U.S.C. 
                2796b) is repealed.
                    (B) Conforming amendment.--Section 62(b) of such 
                Act (22 U.S. 2976a(b)) is amended, in the first 
                sentence, by striking ``(and in the case'' and all that 
                follows through ``of that section)''.

SEC. 203. PROHIBITION ON TRANSFER OF DEFENSE ARTICLES AND DEFENSE 
              SERVICES TO COUNTRIES THAT COMMIT GENOCIDE OR VIOLATIONS 
              OF INTERNATIONAL HUMANITARIAN LAW.

    (a) In General.--No defense articles or defense services may be 
sold, exported, or transferred to any country, and no letter of offer 
to sell defense articles or defense services to any country and no 
application for a license to export or transfer defense articles or 
defense services controlled for export to any country shall be subject 
to congressional review and approval requirements, regardless of 
monetary value or emergency, of section 36 of the Arms Export Control 
Act (22 U.S.C. 2776), if the Secretary of State has credible 
information that the government, military, security forces, or police 
of such country has committed or is committing genocide, crimes against 
humanity, or violations of international humanitarian law after the 
date of enactment of this Act.
    (b) Assessment of Risk.--Any letter of offer to sell, or any 
application for a license to export or transfer, defense articles or 
defense services controlled for export subject to the congressional 
review and approval requirements, regardless of monetary value, of 
section 36 of the Arms Export Control Act (22 U.S.C. 2776) shall 
include an assessment of the risk of the items being used contrary to 
principles of international humanitarian law, to violate 
internationally recognized human rights, or to commit acts that may 
constitute crimes against humanity or genocide, prepared by the 
Secretary of State through the Assistant Secretary for the Bureau of 
Democracy, Human Rights, and Labor, in consultation with the Secretary 
of Defense and the Director of Central Intelligence.

               TITLE III--NATIONAL EMERGENCIES REFORM ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``National Emergencies Reform Act''.

SEC. 302. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.

    Title II of the National Emergencies Act (50 U.S.C. 1621 et seq.) 
is amended by striking sections 201 and 202 and inserting the 
following:

``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.

    ``(a) Authority To Declare National Emergencies.--With respect to 
Acts of Congress authorizing the exercise, during the period of a 
national emergency, of any special or extraordinary power, the 
President is authorized to declare such a national emergency by 
proclamation. Such proclamation shall immediately be transmitted to 
Congress and published in the Federal Register.
    ``(b) Specification of Provisions of Law To Be Exercised.--No 
powers or authorities made available by statute for use during the 
period of a national emergency shall be exercised unless and until the 
President specifies the provisions of law under which the President 
proposes that the President or other officers will act in--
            ``(1) a proclamation declaring a national emergency under 
        subsection (a); or
            ``(2) one or more Executive orders relating to the 
        emergency transmitted to Congress and published in the Federal 
        Register.
    ``(c) Prohibition on Subsequent Actions if Emergencies Not 
Approved.--
            ``(1) Subsequent declarations.--If a joint resolution of 
        approval is not enacted under section 203 with respect to a 
        national emergency before the expiration of the period 
        described in section 202(a), or with respect to a national 
        emergency proposed to be renewed under section 202(b), the 
        President may not, during the remainder of the term of office 
        of that President, declare a subsequent national emergency 
        under subsection (a) with respect to substantially the same 
        facts and circumstances.
            ``(2) Exercise of authorities.--If a joint resolution of 
        approval is not enacted under section 203 with respect to a 
        power or authority specified by the President in a proclamation 
        under subsection (a) or an Executive order under subsection 
        (b)(2) with respect to a national emergency, the President may 
        not, during the remainder of the term of office of that 
        President, exercise that power or authority with respect to 
        that emergency.
    ``(d) Effect of Future Laws.--No law enacted after the date of the 
enactment of this Act may supersede the provisions of this title unless 
it does so in specific terms, referring to this title, and declaring 
that such law supersedes the provisions of this title.
    ``(e) Limitations.--
            ``(1) In general.--Any emergency powers invoked by the 
        President pursuant to a national emergency declared under this 
        section shall relate to the nature of, and may be used only to 
        address, that emergency.
            ``(2) Authorization or funding withheld.--No authority 
        available to the President during a national emergency declared 
        under this section may be used to provide authorization or 
        funding for any program, project, or activity for which 
        Congress, on or after the date of the events giving rise to the 
        emergency declaration, has withheld authorization or funding.

``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.

    ``(a) Temporary Effective Periods.--
            ``(1) In general.--A declaration of a national emergency 
        under subsection (a) shall be effective for 30 days beginning 
        on the day after the date of the issuance of the proclamation 
        and shall terminate when that 30-day period expires unless 
        there is enacted into law a joint resolution of approval under 
        section 203 with respect to the proclamation.
            ``(2) Exercise of powers and authorities.--
                    ``(A) Exercise pursuant to proclamation.--Subject 
                to section 201(e), any emergency power or authority 
                made available under a provision of law specified 
                pursuant to section 201(b)(1) may be exercised pursuant 
                to a declaration of a national emergency upon the 
                issuance of the proclamation. That power or authority 
                may not be exercised on or after the 30-day period 
                described in paragraph (1) unless there is enacted into 
                law a joint resolution of approval under section 203 
                approving--
                            ``(i) the proclamation of the national 
                        emergency; and
                            ``(ii) the exercise of the power or 
                        authority specified by the President in such 
                        proclamation.
                    ``(B) Exercise pursuant to executive order.--
                Subject to section 201(e), any emergency power or 
                authority made available under an Executive order 
                pursuant to section 201(b)(2) may be exercised pursuant 
                to a declaration of a national emergency upon the 
                issuance of the Executive order specifying the power or 
                authority. That power or authority may not be exercised 
                on or after the earlier of--
                            ``(i) the date of the termination of the 
                        proclamation declaring the emergency to which 
                        the Executive order relates; or
                            ``(ii) the date that is 30 days after the 
                        date of the issuance of such Executive order, 
                        unless there is enacted into law a joint 
                        resolution of approval under section 203 
                        approving the exercise of the power or 
                        authority specified by the President in such 
                        Executive order.
    ``(b) Renewal of National Emergencies.--A national emergency 
declared by the President under section 201(a) or previously renewed 
under this subsection that is not otherwise terminated pursuant to 
subsection (a) or (c) or section 204 shall terminate on the date that 
is one year after the date on which the President transmitted to 
Congress the proclamation declaring the emergency or the date on which 
Congress enacted into law a previous renewal pursuant to this 
subsection, unless--
            ``(1) the President publishes in the Federal Register and 
        transmits to Congress an Executive order renewing the 
        emergency; and
            ``(2) there is enacted into law a joint resolution of 
        approval renewing the emergency pursuant to section 203 before 
        the termination of the emergency or previous renewal of the 
        emergency.
    ``(c) Termination of National Emergencies.--
            ``(1) In general.--Any national emergency declared by the 
        President under section 201(a) shall terminate on the earliest 
        of--
                    ``(A) the date provided for in subsection (a);
                    ``(B) the date provided for in subsection (b);
                    ``(C) the date specified in a joint resolution of 
                termination under section 203;
                    ``(D) the date specified in a proclamation of the 
                President terminating the emergency; or
                    ``(E) the date specified in section 204.
            ``(2) Effect of termination.--Effective on the date of the 
        termination of a national emergency under paragraph (1)--
                    ``(A) any powers or authorities exercised by reason 
                of the emergency shall cease to be exercised;
                    ``(B) any amounts reprogrammed or transferred under 
                any provision of law with respect to the emergency that 
                remain unobligated on that date shall be returned and 
                made available for the purpose for which such amounts 
                were appropriated; and
                    ``(C) any contracts entered into under any 
                provision of law relating to the emergency shall be 
                terminated.

``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

    ``(a) Joint Resolution of Approval Defined.--In this section, the 
term `joint resolution of approval' means a joint resolution that 
contains only the following provisions after its resolving clause:
            ``(1) A provision approving--
                    ``(A) a proclamation of a national emergency made 
                under section 201(a);
                    ``(B) an Executive order issued under section 
                201(b)(2); or
                    ``(C) an Executive order issued under section 
                202(b).
            ``(2) A provision approving a list of all or a portion of 
        the provisions of law specified by the President under section 
        201(b) in the proclamation or Executive order that is the 
        subject of the joint resolution.
    ``(b) Joint Resolution of Termination Defined.--In this section, 
the term `joint resolution of termination' means a resolution 
introduced in the House or Senate to terminate--
            ``(1) a national emergency declared under this Act; or
            ``(2) the exercise of any authorities pursuant to that 
        emergency.
    ``(c) Procedures for Consideration of Joint Resolutions of 
Approval.--
            ``(1) Introduction.--After the President transmits to 
        Congress a proclamation declaring a national emergency under 
        section 201(a), or an Executive order specifying emergency 
        powers or authorities under section 201(b)(2) or renewing a 
        national emergency under section 202(b), a joint resolution of 
        approval may be introduced in either House of Congress by any 
        member of that House.
            ``(2) Committee referral in the senate.--In the Senate, a 
        joint resolution of approval shall be referred to the 
        appropriate committee.
            ``(3) Consideration in senate.--In the Senate, the 
        following shall apply:
                    ``(A) Reporting and discharge.--If the committee to 
                which a joint resolution of approval has been referred 
                has not reported it at the end of 10 calendar days 
                after its introduction, that committee shall be 
                discharged from further consideration of the resolution 
                and it shall be placed on the Calendar of Business.
                    ``(B) Proceeding to consideration.--Notwithstanding 
                Rule XXII of the Standing Rules of the Senate, when the 
                committee to which a joint resolution of approval is 
                referred has reported the resolution, or when that 
                committee is discharged under subparagraph (A) from 
                further consideration of the resolution, it is at any 
                time thereafter in order to move to proceed to the 
                consideration of the joint resolution, and all points 
                of order against the joint resolution (and against the 
                motion to proceed to the consideration of the joint 
                resolution) are waived. The motion to proceed shall be 
                debatable for 4 hours evenly divided between a 
                proponent and an opponent of the joint resolution of 
                approval. The motion is not subject to amendment, or to 
                a motion to postpone, or to a motion to proceed to the 
                consideration of other business. A motion to reconsider 
                the vote by which the motion is agreed to or disagreed 
                to shall not be in order. If a motion to proceed to the 
                consideration of a joint resolution of approval is 
                agreed to, the joint resolution shall remain the 
                unfinished business of the Senate until disposed of.
                    ``(C) Floor consideration.--There shall be 10 hours 
                of consideration on a joint resolution of approval, to 
                be divided evenly between the proponents and opponents 
                of the joint resolution. There shall be a total of 2 
                hours of debate on any debatable motions in connection 
                with the joint resolution, to be divided evenly between 
                the proponents and opponents of the joint resolution.
                    ``(D) Amendments.--No amendments shall be in order 
                with respect to a joint resolution of approval in the 
                Senate.
                    ``(E) Motion to reconsider vote on passage.--A 
                motion to reconsider a vote on passage of a joint 
                resolution of approval shall not be in order.
                    ``(F) Appeals.--Points of order and appeals from 
                the decision of the Presiding Officer, shall be decided 
                without debate.
            ``(4) Consideration in house of representatives.--In the 
        House of Representatives, the following shall apply:
                    ``(A) Reporting and discharge.--If any committee to 
                which a joint resolution of approval has been referred 
                has not reported it to the House within seven 
                legislative days after the date of referral, such 
                committee shall be discharged from further 
                consideration of the joint resolution.
                    ``(B)(i) Proceeding to consideration.--Beginning on 
                the third legislative day after each committee to which 
                a joint resolution of approval has been referred 
                reports it to the House or has been discharged from 
                further consideration, it shall be in order to move to 
                proceed to consider the joint resolution of approval in 
                the House. All points of order against the motion are 
                waived, except as provided in clause (ii) and clause 
                (iii). The previous question shall be considered as 
                ordered on the motion to its adoption without 
                intervening motion. The motion shall not be debatable. 
                A motion to reconsider the vote by which the motion is 
                disposed of shall not be in order.
                            ``(ii) A motion to proceed to consider a 
                        joint resolution of approval shall not be in 
                        order after the House has disposed of another 
                        motion to proceed on that joint resolution of 
                        approval.
                            ``(iii) A motion to proceed to the 
                        consideration of a joint resolution of approval 
                        of an Executive order described in subsection 
                        (a)(1) or a list described in subsection (a)(2) 
                        shall not be in order prior to the enactment of 
                        a joint resolution of approval of the 
                        proclamation described in subsection (a)(1) 
                        that is the subject of such Executive order or 
                        list.
                    ``(C) Consideration.--Upon adoption of the motion 
                to proceed in accordance with subparagraph (B)(i), the 
                joint resolution of approval shall be considered as 
                read. All points of order against the joint resolution 
                of approval and against its consideration are waived. 
                The previous question shall be considered as ordered on 
                the joint resolution of approval to final passage 
                without intervening motion except two hours of debate 
                equally divided and controlled by the sponsor of the 
                joint resolution of approval (or a designee) and an 
                opponent. A motion to reconsider the vote on passage of 
                the joint resolution of approval shall not be in order.
            ``(5) Coordination with action by other house.--
                    ``(A) In general.--If, before the passage by one 
                House of a joint resolution of approval of that House, 
                that House receives from the other House a joint 
                resolution of approval with regard to the same 
                proclamation or Executive order, then the following 
                procedures shall apply:
                            ``(i) The joint resolution of approval of 
                        the other House shall not be referred to a 
                        committee.
                            ``(ii) With respect to a joint resolution 
                        of approval of the House receiving the joint 
                        resolution--
                                    ``(I) the procedure in that House 
                                shall be the same as if no joint 
                                resolution of approval had been 
                                received from the other House; but
                                    ``(II) the vote on passage shall be 
                                on the joint resolution of approval of 
                                the other House.
                            ``(iii) Upon the failure of passage of the 
                        joint resolution of approval of the other 
                        House, the question shall immediately occur on 
                        passage of the joint resolution of approval of 
                        the receiving House.
                    ``(B) Treatment of legislation of other house.--If 
                one House fails to introduce a joint resolution of 
                approval under this section, the joint resolution of 
                approval of the other House shall be entitled to 
                expedited floor procedures under this section.
                    ``(C) Application to revenue measures.--The 
                provisions of this paragraph shall not apply in the 
                House of Representatives to a joint resolution of 
                approval which is a revenue measure.
            ``(6) Treatment of veto message.--Debate on a veto message 
        in the Senate under this section shall be 1 hour evenly divided 
        between the majority and minority leaders or their designees.
    ``(d) Procedures for Consideration of Joint Resolutions To 
Terminate.--
            ``(1) Introduction.--After the President transmits to 
        Congress a proclamation declaring a national emergency under 
        section 201(a), or an Executive order specifying emergency 
        powers or authorities under section 201(b)(2) or renewing a 
        national emergency under section 202(b), a joint resolution to 
        terminate may be introduced in either House of Congress by any 
        member of that House.
            ``(2) Committee referral in the senate.--In the Senate, a 
        joint resolution to terminate shall be referred to the 
        appropriate committee.
            ``(3) Consideration in senate.--In the Senate, the 
        following shall apply:
                    ``(A) Reporting and discharge.--If the committee to 
                which a joint resolution to terminate has been referred 
                has not reported it at the end of 10 calendar days 
                after its introduction, that committee shall be 
                discharged from further consideration of the resolution 
                and it shall be placed on the Calendar of Business.
                    ``(B) Proceeding to consideration.--Notwithstanding 
                Rule XXII of the Standing Rules of the Senate, when the 
                committee to which a joint resolution to terminate is 
                referred has reported the resolution, or when that 
                committee is discharged under subparagraph (A) from 
                further consideration of the resolution, it is at any 
                time thereafter in order to move to proceed to the 
                consideration of the joint resolution, and all points 
                of order against the joint resolution (and against the 
                motion to proceed to the consideration of the joint 
                resolution) are waived. The motion to proceed shall be 
                debatable for 4 hours evenly divided between a 
                proponent and an opponent of the joint resolution of 
                approval. The motion is not subject to amendment, or to 
                a motion to postpone, or to a motion to proceed to the 
                consideration of other business. A motion to reconsider 
                the vote by which the motion is agreed to or disagreed 
                to shall not be in order. If a motion to proceed to the 
                consideration of a joint resolution of approval is 
                agreed to, the joint resolution shall remain the 
                unfinished business of the Senate until disposed of.
                    ``(C) Floor consideration.--There shall be 10 hours 
                of consideration on a joint resolution to terminate, to 
                be divided evenly between the proponents and opponents 
                of the joint resolution. There shall be a total of 2 
                hours of debate on any debatable motions in connection 
                with the joint resolution, to be divided evenly between 
                the proponents and opponents of the joint resolution.
                    ``(D) Amendments.--No amendments shall be in order 
                with respect to a joint resolution to terminate in the 
                Senate.
                    ``(E) Motion to reconsider vote on passage.--A 
                motion to reconsider a vote on passage of a joint 
                resolution to terminate shall not be in order.
                    ``(F) Appeals.--Points of order and appeals from 
                the decision of the Presiding Officer, shall be decided 
                without debate.
            ``(4) Consideration in house of representatives.--In the 
        House of Representatives, the following shall apply:
                    ``(A) Reporting and discharge.--If any committee to 
                which a joint resolution to terminate has been referred 
                has not reported it to the House within seven 
                legislative days after the date of referral such 
                committee shall be discharged from further 
                consideration of the joint resolution.
                    ``(B) Proceeding to consideration.--Beginning on 
                the third legislative day after each committee to which 
                a joint resolution to terminate has been referred 
                reports it to the House or has been discharged from 
                further consideration thereof, it shall be in order to 
                move to proceed to consider the joint resolution to 
                terminate in the House. All points of order against the 
                motion are waived, except that such a motion shall not 
                be in order after the House has disposed of a motion to 
                proceed on the joint resolution to terminate. The 
                previous question shall be considered as ordered on the 
                motion to its adoption without intervening motion. The 
                motion shall not be debatable. A motion to reconsider 
                the vote by which the motion is disposed of shall not 
                be in order.
                    ``(C) Consideration.--The joint resolution to 
                terminate shall be considered as read. All points of 
                order against the joint resolution to terminate and 
                against its consideration are waived. The previous 
                question shall be considered as ordered on the joint 
                resolution to terminate to final passage without 
                intervening motion except one hour of debate equally 
                divided and controlled by the sponsor of the joint 
                resolution to terminate (or a designee) and an 
                opponent. A motion to reconsider the vote on passage of 
                the joint resolution to terminate shall not be in 
                order.
            ``(5) Coordination with action by other house.--
                    ``(A) In general.--If, before the passage by one 
                House of a joint resolution to terminate of that House, 
                that House receives from the other House a joint 
                resolution to terminate with regard to the same 
                proclamation or Executive order, then the following 
                procedures shall apply:
                            ``(i) The joint resolution to terminate of 
                        the other House shall not be referred to a 
                        committee.
                            ``(ii) With respect to a joint resolution 
                        to terminate of the House receiving the joint 
                        resolution--
                                    ``(I) the procedure in that House 
                                shall be the same as if no joint 
                                resolution to terminate had been 
                                received from the other House; but
                                    ``(II) the vote on passage shall be 
                                on the joint resolution to terminate of 
                                the other House.
                            ``(iii) Upon the failure of passage of the 
                        joint resolution to terminate of the other 
                        House, the question shall immediately occur on 
                        passage of the joint resolution to terminate of 
                        the receiving House.
                    ``(B) Treatment of legislation of other house.--If 
                one House fails to introduce a joint resolution to 
                terminate under this section, the joint resolution to 
                terminate of the other House shall be entitled to 
                expedited floor procedures under this section.
                    ``(C) Application to revenue measures.--The 
                provisions of this paragraph shall not apply in the 
                House of Representatives to a joint resolution of 
                approval which is a revenue measure.
            ``(6) Treatment of veto message.--Debate on a veto message 
        in the Senate under this section shall be 1 hour evenly divided 
        between the majority and minority leaders or their designees.
    ``(e) Rule of Construction.--The enactment of a joint resolution of 
approval or a joint resolution of termination under this section may 
not be interpreted to serve as a grant or modification by Congress of 
statutory authority for the emergency powers of the President.
    ``(f) Rules of the House and Senate.--This section is enacted by 
Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        the House in the case of joint resolutions described in this 
        section, and supersedes other rules only to the extent that it 
        is inconsistent with such other rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

``SEC. 204. BAR ON PERMANENT EMERGENCIES.

    ``(a) In General.--Any national emergency declared by the President 
under section 201(a), and not otherwise terminated, shall automatically 
terminate on the date that is 5 years after the date of its 
declaration.
    ``(b) Emergencies Already in Effect.--Any national emergency 
declaration that remains in force as of the date of the enactment of 
this section and--
            ``(1) has been in effect for 3 years or fewer as of such 
        date, shall automatically terminate on the date that is 5 years 
        after the date of the enactment of this section; or
            ``(2) has been in effect for more than 3 years as of such 
        date, shall automatically terminate on the date that is 2 years 
        after the date of the enactment of this section.
    ``(c) Effect of Termination.--If a national emergency declaration 
terminates pursuant to this section, no emergency may subsequently be 
declared based on substantially the same facts and circumstances.''.

SEC. 303. REPORTING REQUIREMENTS.

    Section 401 of the National Emergencies Act (50 U.S.C. 1641) is 
amended--
            (1) by amending subsection (c) to read as follows:
    ``(c) Report Upon Declaration or Renewal of National Emergency.--
The President shall transmit to Congress, concurrently with any 
proclamation declaring a national emergency under section 201(a), any 
Executive order specifying emergency powers or authorities under 
section 201(b)(2), or any Executive order renewing a national emergency 
under section 202(b), a written report that includes each of the 
following:
            ``(1) A description of the circumstances necessitating the 
        declaration of a national emergency, the renewal of such an 
        emergency, or the use of a new emergency authority specified in 
        the Executive order, as the case may be.
            ``(2) The estimated duration of the national emergency, or 
        a statement that the duration of the national emergency cannot 
        reasonably be estimated at the time of transmission of the 
        report.
            ``(3) A summary of the actions the President or other 
        officers intend to take, including any reprogramming or 
        transfer of funds, and the statutory authorities the President 
        and such officers expect to rely on in addressing the national 
        emergency.
            ``(4) In the case of a renewal of a national emergency, a 
        summary of the actions the President or other officers have 
        taken in the preceding one-year period, including any 
        reprogramming or transfer of funds, to address the 
        emergency.''; and
            (2) by adding at the end the following:
    ``(d) Report on Expenditures and Activities During National 
Emergency or War.--Not later than 90 days after the end of each 180-day 
period following a proclamation declaring a national emergency under 
section 201(a) or a declaration of war by the Congress, the President 
shall transmit to Congress a report on--
            ``(1) the total expenditures of the United States 
        Government during such 180-day period which are directly 
        attributable to the exercise of powers and authorities 
        conferred by such declaration; and
            ``(2) with respect to a declaration of a national 
        emergency--
                    ``(A) the status of the emergency; and
                    ``(B) the actions the President or other officers 
                have taken pursuant to such emergency and authorities 
                the President and such officers have relied on in 
                addressing the emergency.
    ``(e) Final Report on Expenditures or Activities During National 
Emergency or War.--Not later than 90 days after the termination of a 
national emergency under section 201(a) or a declaration of war by the 
Congress, the President shall transmit to Congress a final report on 
each matter described in paragraphs (1) and (2) of subsection (d) with 
respect to such emergency or war.
    ``(f) Provision of Information to Congress.--The President shall 
provide to Congress such other information as Congress may request in 
connection with any national emergency in effect under title II.
    ``(g) Public Disclosure.--The reports described in subsections (c), 
(d), and (e) shall be in unclassified form and shall be made public at 
the same time as their transmission to Congress, although a classified 
annex may be provided to Congress as necessary.''.

SEC. 304. DISCLOSURES TO CONGRESS OF PRESIDENTIAL DOCUMENTS RELATING TO 
              EMERGENCY ACTIONS.

    (a) In General.--
            (1) Not later than 30 days after the conclusion of the 
        process for approval, adoption, or revision of any presidential 
        emergency action document, the President shall submit that 
        document to the appropriate congressional committees.
            (2) Not later than 180 days after the conclusion of the 
        process for approval, adoption, or revision of any presidential 
        emergency action document, the head of each relevant Federal 
        department and agency shall complete a declassification review 
        of the document and shall make public any declassified portions 
        of the document. If significant portions of the document remain 
        classified, the respective head shall release an unclassified 
        summary of the document.
    (b) Documents in Existence Before Date of Enactment.--
            (1) Not later than 15 days after the date of the enactment 
        of this Act, the President shall submit to the appropriate 
        congressional committees all presidential emergency action 
        documents in existence before such date of enactment.
            (2) Not later than 1 year after the date of enactment of 
        this Act, the head of each relevant Federal department and 
        agency shall complete a declassification review of all 
        presidential emergency action documents in existence before 
        such date of enactment, and shall make public any declassified 
        portions of the documents. If significant portions of the 
        document remain classified, the respective head shall release 
        an unclassified summary of the document.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'', with respect to a 
        presidential emergency action document, means--
                    (A) the Committee on Oversight and Reform, the 
                Committee on the Judiciary, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on the Judiciary, 
                and the Select Committee on Intelligence of the Senate; 
                and
                    (C) any other committee of the Senate or the House 
                of Representatives with jurisdiction over the subject 
                matter addressed in the presidential emergency action 
                document.
            (2) Presidential emergency action document.--The term 
        ``presidential emergency action document'' means--
                    (A) each of the approximately 56 documents 
                described as ``presidential emergency action 
                documents'' in the budget justification materials for 
                the Office of Legal Counsel of the Department of 
                Justice submitted to Congress in support of the budget 
                of the President for fiscal year 2018; and
                    (B) any other pre-coordinated legal document, 
                without regard to whether such document was promulgated 
                before, on, or after the date of the enactment of this 
                Act, that--
                            (i) is designated as a ``presidential 
                        emergency action document''; or
                            (ii) is designed to implement a 
                        presidential decision or transmit a 
                        presidential request when an emergency disrupts 
                        normal governmental or legislative processes.

SEC. 305. CONFORMING AMENDMENTS.

    (a) National Emergencies Act.--Title III of the National 
Emergencies Act (50 U.S.C. 1631) is repealed.
    (b) International Emergency Economic Powers Act.--Section 207 of 
the International Emergency Economic Powers Act (50 U.S.C. 1706) is 
amended--
            (1) in subsection (b), by striking ``concurrent 
        resolution'' and inserting ``joint resolution''; and
            (2) by adding at the end the following:
    ``(e) In this section, the term `National Emergencies Act' means 
the National Emergencies Act, as in effect on the day before the date 
of the enactment of the National Emergencies Reforms Act.''.

SEC. 306. EFFECTIVE DATE; APPLICABILITY.

    (a) In General.--Except as provided in subsection (c), this title 
and the amendments made by this title shall--
            (1) take effect on the date of the enactment of this Act; 
        and
            (2) apply with respect to national emergencies declared 
        under section 201 of the National Emergencies Act, as amended 
        by section 302 of this title, on or after that date.
    (b) Applicability to Recently Declared Emergency.--A national 
emergency declared under section 201 of the National Emergencies Act 
not later than 90 days before the date of the enactment of this Act 
shall be treated for purposes of subsection (a)(2) as being declared on 
such date of enactment.
    (c) Applicability to Renewals of Existing Emergencies Previously 
Declared.--The amendments made by this title, other than the amendments 
made with respect to the renewal of a national emergency under section 
202(b) of the National Emergencies Act, shall not apply with respect to 
any national emergency declared under section 201 of the National 
Emergencies Act before the date of the enactment of this Act. Each such 
emergency shall terminate on the date that is one year after the date 
of enactment of this Act, unless the emergency is renewed in accordance 
with such section 202(b) as so amended.
                                 <all>