National Security Powers Act of 2021
Bill: S.2391 | Sponsor: Sen. Murphy, Christopher (D-CT)
Policy area: International Affairs

Summary:
National Security Powers Act of 2021
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 limits presidential authority to introduce U.S. forces into hostilities absent a declaration of war, specific statutory authorization, or when necessary to repel a sudden attack (or imminent threat of an attack). It also establishes procedures for the President to notify Congress of and obtain authorization for the introduction of U.S. forces into hostilities (or the risk of them). Additionally, the bill repeals laws authorizing the use of force abroad and the War Powers Resolution, which provides procedures for Congress and the President to participate in decisions to send U.S. forces into hostilities. For a treaty or other international obligation to authorize the introduction or retention of U.S. forces, Congress must specifically enact implementing legislation to that effect.
The President must 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 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 
Powers Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Definitions.
Sec. 102. Policy.
Sec. 103. Sunset of existing authorizations for the use of military 
                            force.
Sec. 104. Repeal of the War Powers Resolution.
Sec. 105. Notification.
Sec. 106. Requirement for authorization.
Sec. 107. Expedited procedures for congressional action.
Sec. 108. Termination of funding.
Sec. 109. Interpretation of statutory authority requirement.
Sec. 110. Separability clause.
                     TITLE II--ARMS EXPORT CONTROL

Sec. 201. Short title.
Sec. 202. Purpose.
Sec. 203. Congressional authorization of arms sales.
Sec. 204. Procedures for consideration of joint resolution authorizing 
                            or prohibiting arms sales.
Sec. 205. Emergency procedures under Arms Export Control Act.
Sec. 206. Conforming amendments.
Sec. 207. Applicability.
               TITLE III--NATIONAL EMERGENCIES ACT REFORM

Sec. 301. Requirements relating to declaration and renewal of national 
                            emergencies.
Sec. 302. Termination of national emergencies.
Sec. 303. Review by Congress of national emergencies.
Sec. 304. Reporting requirements.
Sec. 305. Conforming amendments.
Sec. 306. Applicability.

                       TITLE I--WAR POWERS REFORM

SEC. 101. DEFINITIONS.

    In this title:
            (1) Country.--The term ``country'', when used in a 
        geographic sense, includes territories (whether or not 
        disputed) and possessions, territorial waters, and airspace.
            (2) Hostilities.--The term ``hostilities'' means any 
        situation involving any use of lethal or potentially lethal 
        force by or against United States forces (or, for purposes of 
        paragraph 4(B), by or against foreign regular or irregular 
        forces), irrespective of the domain, whether such force is 
        deployed remotely, or the intermittency thereof. The term does 
        not include activities undertaken pursuant to section 503 of 
        the National Security Act of 1947 (50 U.S.C. 5093) if such 
        action is intended to have exclusively non-lethal effects.
            (3) Hostilities report.--The term ``hostilities report'' 
        means a written report that sets forth the following 
        information:
                    (A) The circumstances necessitating the 
                introduction of United States forces into hostilities 
                or a situation where there is a serious risk thereof, 
                or retaining them in a location where hostilities or 
                the serious risk thereof has developed.
                    (B) The estimated cost of such operations.
                    (C) The specific legislative and constitutional 
                authority for such action.
                    (D) Any international law implications related to 
                such action if applicable.
                    (E) The estimated scope and duration of the United 
                States forces' participation in hostilities, including 
                an accounting of the personnel and weapons to be 
                deployed.
                    (F) The country or countries in which the 
                operations or deployment of United States forces are to 
                occur or are ongoing.
                    (G) A description of their mission and the mission 
                objectives that would indicate the mission is complete.
                    (H) Any foreign partner forces or multilateral 
                organizations that may be involved in the operations.
                    (I) The name of the specific country (or countries) 
                or organized armed group (or groups) against which the 
                use of force is authorized.
                    (J) The risk to United States forces or other 
                United States persons or property involved in the 
                operations.
                    (K) Any other information as may be required to 
                fully inform Congress.
            (4) Introduce.--The term ``introduce'' means--
                    (A) with respect to hostilities or a situation 
                where there is a serious risk of hostilities, any 
                commitment, engagement, or other involvement of United 
                States forces, whether or not constituting self-defense 
                measures by United States forces in response to an 
                attack or serious risk thereof in any foreign country 
                (including its airspace, cyberspace, or territorial 
                waters) or otherwise outside the United States and 
                whether or not United States forces are present or 
                operating remotely launched, piloted, or directed 
                attacks; or
                    (B) the assigning or detailing of members of United 
                States forces to command, advise, assist, accompany, 
                coordinate, or provide logistical or material support 
                or training for any foreign regular or irregular 
                military forces if--
                            (i) those foreign forces are involved in 
                        hostilities; and
                            (ii) such activities by United States 
                        forces make the United States a party to a 
                        conflict or are more likely than not to do so.
            (5) Serious risk of hostilities.--The term ``serious risk 
        of hostilities'' means any situation where it is more likely 
        than not that the United States forces will become engaged in 
        hostilities, irrespective of whether the primary purpose of the 
        mission is training or assistance.
            (6) Specific statutory authorization.--The term ``specific 
        statutory authorization'' means any joint resolution or bill 
        introduced after the date of the enactment of this Act and 
        enacted into law to authorize the use of military force that 
        includes, at a minimum, the following elements:
                    (A) A clearly defined mission and operational 
                objectives and the identities of all individual 
                countries or organized armed groups against which 
                hostilities by the United States forces are authorized.
                    (B) A requirement the President seek from the 
                Congress a subsequent specific statutory authorization 
                for any expansion of the mission to include new 
                operational objectives, additional countries, or 
                organized armed groups.
                    (C) A termination of the authorization for such use 
                of United States forces within two years absent the 
                enactment of a subsequent specific statutory 
                authorization for such use of United States forces.
                    (D) In cases where the use of military force in a 
                particular situation is being reauthorized, an estimate 
                and analysis prepared by the Congressional Budget 
                Office of costs to United States taxpayers to date of 
                operations conducted pursuant to the prior 
                authorization or authorizations for that situation, and 
                of prospective costs to United States taxpayers for 
                operations to be conducted pursuant to the proposed 
                authorization.
            (7) Substantially enlarge.--The term ``substantially 
        enlarge'' means, for any two-year period, an increase in the 
        number of United States forces that causes the total number of 
        forces in a foreign country to exceed the lowest number of 
        forces in that country during that period by 25 percent or 
        more, or any increase of 1,000 or more forces. Temporary duty 
        and rotational forces shall be included in the number of United 
        States forces for the purposes of this title.
            (8) Training.--When used with respect to any foreign 
        regular or irregular forces, the term ``training'' has the 
        meaning given the term ``military education and training'' in 
        section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2403), but does not include training that is focused entirely 
        on observance of and respect for the law of armed conflict, 
        human rights and fundamental freedoms, the rule of law, and 
        civilian control of the military.
            (9) United states forces.--The term ``United States 
        forces'' means any individuals employed by, or under contract 
        to, or under the direction of, any department or agency of the 
        United States Government who are--
                    (A) deployed military or paramilitary personnel; or
                    (B) military or paramilitary personnel who use 
                lethal or potentially lethal force in the cyberspace 
                domain.

SEC. 102. POLICY.

    The constitutional authority of the President as Commander-in-Chief 
to introduce United States Armed Forces into hostilities or into 
situations where there is a serious risk of hostilities shall be 
exercised only pursuant to--
            (1) a declaration of war;
            (2) specific statutory authorization; or
            (3) when necessary to repel a sudden attack, or the 
        concrete, specific, and immediate threat of such a sudden 
        attack upon the United States, its territories, or possessions, 
        its armed forces, or other United States citizens overseas.

SEC. 103. SUNSET OF EXISTING AUTHORIZATIONS FOR THE USE OF MILITARY 
              FORCE.

    Effective 180 days after the date of the enactment of this Act, the 
following laws are hereby repealed:
            (1) The Authorization for Use of Military Force Against 
        Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 
        U.S.C. 1541 note).
            (2) The Authorization for Use of Military Force (Public Law 
        107-40; 50 U.S.C. 1541 note).
            (3) The Authorization for Use of Military Force Against 
        Iraq (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note).
            (4) The 1957 Authorization for Use of Military Force in the 
        Middle East (Public Law 87-5).

SEC. 104. REPEAL OF THE WAR POWERS RESOLUTION.

    The War Powers Resolution (Public Law 93-148; 50 U.S.C. 1541 et 
seq.) is hereby repealed.

SEC. 105. NOTIFICATION.

    The President shall notify Congress, in writing, within 48 hours 
after United States forces enter the territory, airspace, or waters of 
a foreign country--
            (1) while equipped for combat, except for deployments which 
        relate solely to transportation, supply, replacement, or 
        training of such United States forces; or
            (2) in numbers that substantially enlarge the number of 
        United States forces already located in a foreign nation.

SEC. 106. REQUIREMENT FOR AUTHORIZATION.

    (a) Prior Authorization for Certain Activities Relating to 
Hostilities.--Except as provided in subsection (b), before introducing 
United States forces into hostilities or a situation where there is a 
serious risk of hostilities, the President shall provide a hostilities 
report to Congress and obtain a specific statutory authorization for 
such introduction. The President shall provide continuing hostilities 
reports to Congress 30 days after the initial report and every 30 days 
thereafter, in accordance with subsection (d).
    (b) Authorization for Certain Activities Relating to Hostilities.--
In cases where the President introduces United States forces into 
hostilities or a situation where there is a serious risk of hostilities 
either because of the need to repel a sudden attack upon the United 
States, its territories or possessions, its armed forces, or other 
United States citizens overseas or because the concrete, specific, and 
immediate threat of such a sudden attack, and the time required to 
provide Congress with a briefing necessary to inform a vote to obtain 
prior authorization from Congress within 72 hours would prevent an 
effective defense against the attack or threat of immediate attack, the 
President shall--
            (1) within 48 hours of ordering the introduction of United 
        States forces into hostilities or a situation where there is a 
        serious risk of hostilities, inform Congress of the President's 
        decision, describe the action taken, the justification for 
        proceeding without prior authorization, and certifying either 
        that hostilities have concluded or that they are continuing; 
        and
            (2) not later than 7 calendar days after ordering the 
        introduction of United States forces into hostilities or a 
        situation where there is a serious risk of hostilities, submit 
        to Congress a hostilities report and request for specific 
        statutory authorization except in cases where a certification 
        is submitted to Congress that the President--
                    (A) has withdrawn, removed, and otherwise ceased 
                the use of United States forces from the situation that 
                triggered this requirement; and
                    (B) does not intend to reintroduce them.
    (c) Termination of Activities Related to Hostilities.--If Congress 
does not enact a specific statutory authorization for United States 
forces to engage in hostilities in response to a request in accordance 
with subsection (b) within 20 days after the introduction of United 
States forces into hostilities or a situation where there is a serious 
risk of hostilities, the President shall withdraw, remove, and 
otherwise cease the use of United States forces. This 20-day period 
shall be extended for not more than an additional 10 days if the 
President determines, certifies, and justifies to Congress in writing 
that unavoidable military necessity involving the safety of the forces 
requires the continued use of the forces for the sole purpose of 
bringing about their safe removal from hostilities.
    (d) Continuing Hostilities Reports.--If the President obtains 
specific statutory authorization, the President shall continue to 
provide hostilities reports to Congress on the United States' forces' 
engagement or possible engagement in hostilities whenever there is a 
material change in the information previously reported under this 
section and in no event less frequently than every 30 days from the 
delivery of the first hostilities report.
    (e) Form.--Any report submitted pursuant to subsection (a), (b), or 
(d) shall be submitted to Congress in unclassified form without any 
designation relating to dissemination control and may include a 
classified annex only to the extent required to protect the national 
security of the United States.
    (f) Transmittal.--Each report submitted pursuant to subsection (a), 
(b), or (d) shall be transmitted to each house of Congress on the same 
calendar day. The report shall be--
            (1) referred to--
                    (A) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Select Committee 
                on Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Armed Services, and the Permanent Select Committee 
                on Intelligence of the House of Representatives; and
            (2) made available to any member of Congress upon request.

SEC. 107. EXPEDITED PROCEDURES FOR CONGRESSIONAL ACTION.

    (a) Consideration by Congress.--Any resolution of disapproval 
described in subsection (b) may be considered by Congress using the 
expedited procedures set forth in this section.
    (b) Resolution of Disapproval.--For purposes of this section, the 
term ``resolution'' means only a joint resolution of the two Houses of 
Congress--
            (1) the title of which is as follows: ``A joint resolution 
        disapproving of the use of the United States Armed Forces in 
        the prosecution of certain conflict.'';
            (2) which does not have a preamble; and
            (3) the sole matter after the resolving clause of which is 
        as follows: ``That Congress does not approve the use of 
        military force in the prosecution of _______'', with the blank 
        space being filled with a description of the conflict 
        concerned.
    (c) Referral.--A resolution described in subsection (b) introduced 
in the Senate shall be referred to the Committee on Foreign Relations 
of the Senate. A resolution described in subsection (b) that is 
introduced in the House of Representatives shall be referred to the 
Committee on Foreign Affairs of the House of Representatives.
    (d) Discharge.--If the committee to which a resolution described in 
subsection (b) is referred has not reported such resolution (or an 
identical resolution) by the end of 10 calendar days beginning on the 
date of introduction, such committee shall be, at the end of such 
period, discharged from further consideration of such resolution, and 
such resolution shall be placed on the appropriate calendar of the 
House involved.
    (e) Consideration.--
            (1) In general.--On or after the third calendar day after 
        the date on which the committee to which such a resolution is 
        referred has reported, or has been discharged (under subsection 
        (d)) from further consideration of, such a resolution, it is in 
        order (even though a previous motion to the same effect has 
        been disagreed to) for any Member of the respective House to 
        move to proceed to the consideration of the resolution. All 
        points of order against the resolution (and against 
        consideration of the resolution) are waived. The motion is 
        highly privileged in the House of Representatives and is 
        privileged in the Senate and is not debatable. The motion is 
        not subject to amendment, or to a motion to postpone, or to a 
        motion to proceed to the consideration of other business. A 
        motion to reconsider the vote by which the motion is agreed to 
        or disagreed to shall not be in order. If a motion to proceed 
        to the consideration of the resolution is agreed to, the 
        respective House shall immediately proceed to consideration of 
        the joint resolution without intervening motion, order, or 
        other business, and the resolution shall remain the unfinished 
        business of the respective House until disposed of.
            (2) Debate.--Debate on the resolution, and on all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 10 hours, which shall be divided equally 
        between those favoring and those opposing the resolution. An 
        amendment to the resolution is not in order. A motion further 
        to limit debate is in order and not debatable. A motion to 
        postpone, or a motion to proceed to the consideration of other 
        business, or a motion to recommit the resolution is not in 
        order. A motion to reconsider the vote by which the resolution 
        is agreed to or disagreed to is not in order.
            (3) Vote on final passage.--Immediately following the 
        conclusion of the debate on the resolution and a single quorum 
        call at the conclusion of the debate if requested in accordance 
        with the rules of the appropriate House, the vote on final 
        passage of the resolution shall occur.
            (4) Appeals from decisions of chair.--Appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the Senate or the House of Representatives, as the case may 
        be, to the procedure relating to a resolution shall be decided 
        without debate.
    (f) Consideration by Other House.--
            (1) In general.--If, before the passage by one House of a 
        resolution of that House described in subsection (b), that 
        House receives from the other House a resolution described in 
        subsection (b), then the following procedures shall apply:
                    (A) The resolution of the other House shall not be 
                referred to a committee.
                    (B)(i) The consideration as described in subsection 
                (e) in that House shall be the same as if no resolution 
                had been received from the other House; but
                    (ii) The vote on final passage shall be on the 
                resolution of the other House.
            (2) Following disposition.--Upon disposition of the 
        resolution received from the other House, it shall no longer be 
        in order to consider the resolution that originated in the 
        receiving House.
    (g) Vetoes.--If the President vetoes a resolution, debate in the 
Senate of any veto message with respect to the resolution, including 
all debatable motions and appeals in connection with the resolution, 
shall be limited to 10 hours, which shall be divided equally between 
those favoring and those opposing the resolution.
    (h) Rules of the Senate and House of Representatives.--This section 
is enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such it 
        is deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in subsection 
        (b), and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 108. TERMINATION OF FUNDING.

    Notwithstanding any other provision of law, no funds appropriated 
or otherwise made available under any law may be obligated or expended 
for any activity by United States forces for which prior congressional 
authorization is required under this title but has not been obtained, 
or for which authorization is required under this title but has not 
been obtained by the deadline specified in section 106(c) or for which 
a resolution of disapproval in accordance with section 107(b) has been 
enacted into law.

SEC. 109. INTERPRETATION OF STATUTORY AUTHORITY REQUIREMENT.

    Statutory authority to introduce United States forces into 
hostilities or into situations where there is a serious risk of 
hostilities, or to retain them in a situation where hostilities or the 
serious risk thereof has developed, shall not be inferred--
            (1) from any provision of law, including any provision 
        contained in any appropriation Act, unless such provision 
        expressly authorizes such introduction or retention and states 
        that it is intended to constitute specific statutory 
        authorization within the meaning of this title; or
            (2) from any source of international legal obligation 
        binding on the United States, including any resolution of the 
        United Nations Security Council and any treaty ratified before, 
        on, or after the date of the enactment of this Act, unless such 
        treaty is implemented by legislation specifically authorizing 
        such introduction or retention and stating that it is intended 
        to constitute specific statutory authorization within the 
        meaning of this title.

SEC. 110. SEPARABILITY CLAUSE.

    If any provision of this title or the application thereof to any 
person or circumstance is held invalid, the remainder of the resolution 
and the application of such provision to any other person or 
circumstance shall not be affected thereby.

                     TITLE II--ARMS EXPORT CONTROL

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Arms Export Reform Act of 2021''.

SEC. 202. PURPOSE.

    It is the purpose of this title to ensure the proper role of 
Congress in national security decisions pertaining to sales, exports, 
leases, and loans of defense articles, especially with respect to armed 
conflict and human rights.

SEC. 203. CONGRESSIONAL AUTHORIZATION OF ARMS SALES.

    (a) Certification Required.--
            (1) In general.--Notwithstanding any other provision of 
        law, in the case of a covered letter of offer, a covered 
        application for a license, or a covered agreement, before such 
        a letter of offer or license is issued or before such an 
        agreement is entered into or renewed, the President shall 
        submit to Congress a certification described in paragraph (3).
            (2) Covered letters of offers, applications for licenses, 
        and agreements.--For purposes of this subsection:
                    (A) A covered letter of offer is any letter of 
                offer to sell under the Arms Export Control Act (22 
                U.S.C. 2751 et seq.) any item described in subsection 
                (c).
                    (B) A covered application for a license is any 
                application by a person (other than with regard to a 
                sale under section 21 or 22 of the Arms Export Control 
                Act (22 U.S.C. 2761, 2762)) for a license for the 
                export of any item described in subsection (c).
                    (C) A covered agreement is any agreement involving 
                the lease under chapter 6 of the Arms Export Control 
                Act (22 U.S.C. 2796 et seq.), or the loan under chapter 
                2 of part II of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2311 et seq.), of any item described in 
                subsection (c) to any foreign country or international 
                organization for a period of one year or longer.
            (3) Certification described.--A certification described in 
        this paragraph is a numbered certification containing the 
        following:
                    (A) In the case of a letter of offer to sell, the 
                information described in section 36(b)(1) of the Arms 
                Export Control Act (22 U.S.C. 2776(b)(1)) and section 
                36(b)(2) of such Act, as redesignated by section 206(a) 
                of this Act, without regard to the dollar amount of 
                such sale, except as specified in subsection (c).
                    (B) In the case of a license for export (other than 
                with regard to a sale under section 21 or 22 of the 
                Arms Export Control Act (22 U.S.C. 2761, 2762)), the 
                information described in section 36(c) of such Act (22 
                U.S.C. 2776(c)), as amended by section 206(b) of this 
                Act, without regard to the dollar amount of such 
                export, except as specified in subsection (c).
                    (C) In the case of a lease or loan agreement, the 
                information described in section 62(a) of the Arms 
                Export Control Act (22 U.S.C. 2796a(a)), unless section 
                62(b) of such Act (22 U.S.C. 2796a(b)) applies, without 
                regard to the dollar amount of such lease or loan, 
                except as specified in subsection (c).
    (b) Congressional Authorization Required.--
            (1) Prior congressional authorization.--No letter of offer 
        may be issued under the Arms Export Control Act (22 U.S.C. 2751 
        et seq.) with respect to a proposed sale of any item described 
        in subsection (c) to any country or international organization 
        (other than a country or international organization described 
        in paragraph (2)), no license may be issued under such Act with 
        respect to a proposed export of any such item to any such 
        country or organization, and no lease may be made under chapter 
        6 of such Act (22 U.S.C. 2796 et seq.) and no loan may be made 
        under chapter 2 of part II of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2311 et seq.) of any such item to any such 
        country or organization, unless there is enacted a joint 
        resolution or other provision of law authorizing such sale, 
        export, lease, or loan, as the case may be.
            (2) NATO and certain countries.--No letter of offer or 
        license described in paragraph (1) may be issued and no lease 
        or loan described in such paragraph may be made with respect to 
        a proposed sale, export, lease, or loan, as the case may be, of 
        any item described in subsection (c) to the North Atlantic 
        Treaty Organization (NATO), any member country of such 
        organization, Australia, Japan, the Republic of Korea, Israel, 
        New Zealand, or Taiwan, if, not later than 20 calendar days 
        after receiving the appropriate certification, a joint 
        resolution is enacted prohibiting the proposed sale, export, 
        lease, or loan, as the case may be.
    (c) Items Described.--The items described in this subsection are 
those items of types and classes as follows (including parts, 
components, and technical data):
            (1) Firearms and ammunition of $1,000,000 or more.
            (2) Air to ground munitions of $14,000,000 or more.
            (3) Tanks, armored vehicles, and related munitions of 
        $14,000,000 or more.
            (4) Fixed and rotary, manned or unmanned armed aircraft of 
        $14,000,000 or more.
            (5) Services or training to security services of 
        $14,000,000 or more.

SEC. 204. PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTION AUTHORIZING 
              OR PROHIBITING ARMS SALES.

    (a) Consideration by Congress.--Any joint resolution under section 
203(b) shall be considered by Congress using the expedited procedures 
set forth in section 107(c)-(h).
    (b) Form of Joint Resolutions.--
            (1) Prior congressional authorization.--The joint 
        resolution required by section 203(b)(1) is a joint resolution 
        the text of which consists only of one or more sections, each 
        of which reads as follows: ``The proposed ___ to ___ described 
        in the certification submitted pursuant to section 203(a) of 
        the Arms Export Reform Act of 2021, which was received by 
        Congress on ___ (Transmittal number) is authorized.'', with the 
        appropriate activity, whether sale, export, lease, or loan, and 
        the appropriate country or international organization, date, 
        and transmittal number inserted.
            (2) NATO and certain countries.--The joint resolution 
        required by section 203(b)(2) is a joint resolution the text of 
        which consists of only one section, which reads as follows: 
        ``That the proposed ___ to ___ described in the certification 
        submitted pursuant to section 203(a) of the Arms Export Reform 
        Act of 2021, which was received by Congress on ___ (Transmittal 
        number) is not authorized.'', with the appropriate activity, 
        whether sale, export, lease, or loan, and the appropriate 
        country or international organization, date, and the 
        transmittal number inserted.

SEC. 205. EMERGENCY PROCEDURES UNDER ARMS EXPORT CONTROL ACT.

    Section 36 of the Arms Export Control Act is amended by adding at 
the end the following:
    ``(j) Restriction on Emergency Authority Relating to Arms Sales 
Under This Act.--A determination of the President that an emergency 
exists requiring a proposed transfer of defense articles or defense 
services in the national security interests of the United States, thus 
waiving the congressional review requirements pursuant to section 3 --
            ``(1) shall apply only if--
                    ``(A) the President submits a determination and 
                justification for each individual approval, letter of 
                offer, or license for the defense articles or defense 
                services that includes a specific and detailed 
                description of how such waiver of the congressional 
                review requirements directly responds to or addresses 
                the circumstances of the emergency cited in the 
                determination; and
                    ``(B) the delivery of the defense articles or 
                defense services will take place not later than 60 days 
                after the date on which such determination is made, 
                unless otherwise authorized by Congress; and
            ``(2) shall not apply in the case of defense articles or 
        defense services that include manufacturing or co-production of 
        the articles or services outside the United States.''.

SEC. 206. CONFORMING AMENDMENTS.

    (a) Government-to-Government Sales.--
            (1) In general.--Section 36(b) of the Arms Export Control 
        Act (22 U.S.C. 2776(b)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), in the first sentence, by striking 
                        ``Subject to paragraph (6)'' and inserting 
                        ``Subject to paragraph (4)''; and
                            (ii) in the flush text following 
                        subparagraph (P), by striking the last 2 
                        sentences;
                    (B) by striking paragraphs (2) and (3);
                    (C) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (2), (3), and (4), respectively;
                    (D) in subparagraph (C) of paragraph (3), as so 
                redesignated, in the first sentence, by striking 
                ``Subject to paragraph (6)'' and inserting ``Subject to 
                paragraph (4)''; and
                    (E) in paragraph (4), as redesignated by 
                subparagraph (C) of this paragraph, in the matter 
                preceding subparagraph (A), by striking ``in paragraph 
                (5)(C)'' and inserting ``in paragraph (3)(C)''.
            (2) Conforming amendment.--Section 38(f)(5)(B)(ii) of such 
        Act (22 U.S.C. 2778(f)(5)(B)(ii)) is amended by striking 
        ``section 36(b)(5)(A)'' and inserting ``section 36(b)(3)(A)''.
    (b) Commercially Licensed Sales.--Section 36(c) of such Act (22 
U.S.C. 2776(c)) is amended--
            (1) in paragraph (1), in the first sentence, by striking 
        ``Subject to paragraph (5), in'' and inserting ``In'';
            (2) by striking paragraphs (2) through (5); and
            (3) by redesignating paragraph (6) as paragraph (2).
    (c) Legislative Review of Leases and Loans.--
            (1) Repeal.--Section 63 of such Act (22 U.S.C. 2796b) is 
        repealed.
            (2) Conforming amendment.--Section 62(b) of such Act (22 
        U.S. 2976a(b)) is amended, in the first sentence, by striking 
        ``(and in the case'' and all that follows through ``of that 
        section)''.

SEC. 207. APPLICABILITY.

    This title and the amendments made by this title shall apply with 
respect to any letter of offer or license for export issued, or any 
lease or loan made, after the date of the enactment of this Act.

               TITLE III--NATIONAL EMERGENCIES ACT REFORM

SEC. 301. REQUIREMENTS RELATING TO DECLARATION AND RENEWAL OF NATIONAL 
              EMERGENCIES.

    Section 201 of the National Emergencies Act (50 U.S.C. 1621) is 
amended to read as follows:

``SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL EMERGENCIES.

    ``(a) Authority To Declare National Emergencies.--With respect to 
Acts of Congress authorizing the exercise, during the period of a 
national emergency, of any special or extraordinary power, the 
President is authorized to declare such a national emergency by 
proclamation. Such proclamation shall immediately be transmitted to 
Congress and published in the Federal Register.
    ``(b) Specification of Provisions of Law To Be Exercised.--
            ``(1) In general.--No powers or authorities made available 
        by statute for use during the period of a national emergency 
        shall be exercised unless and until the President specifies the 
        provisions of law under which the President proposes that the 
        President or other officers will act in--
                    ``(A) a proclamation declaring a national emergency 
                under subsection (a); or
                    ``(B) one or more Executive orders relating to the 
                emergency published in the Federal Register and 
                transmitted to Congress.
            ``(2) Limitations.--The President may--
                    ``(A) specify under paragraph (1) only provisions 
                of law that make available powers and authorities that 
                relate to the nature of the national emergency; and
                    ``(B) exercise such powers and authorities only to 
                address the national emergency.
    ``(c) Temporary Effective Periods.--
            ``(1) In general.--A declaration of a national emergency 
        under subsection (a) may last for 30 days from the issuance of 
        the proclamation (not counting the day on which the 
        proclamation was issued) and shall terminate when that 30-day 
        period expires unless there is enacted into law a joint 
        resolution of approval under section 203 with respect to the 
        proclamation.
            ``(2) Exercise of powers and authorities.--Any power or 
        authority made available under a provision of law described in 
        subsection (a) and specified pursuant to subsection (b) may be 
        exercised for 30 days from the issuance of the proclamation or 
        Executive order (not counting the day on which such 
        proclamation or Executive order was issued). That power or 
        authority cannot be exercised once that 30-day period expires, 
        unless there is enacted into law a joint resolution of approval 
        under section 203 approving--
                    ``(A) the proclamation of the national emergency or 
                the Executive order; and
                    ``(B) the exercise of the power or authority 
                specified by the President in such proclamation or 
                Executive order.
            ``(3) Exception if congress is unable to convene.--If 
        Congress is physically unable to convene as a result of an 
        armed attack upon the United States or another national 
        emergency, the 30-day periods described in paragraphs (1) and 
        (2) shall begin on the first day Congress convenes for the 
        first time after the attack or other emergency.
    ``(d) Prohibition on Subsequent Actions if Emergencies Not 
Approved.--
            ``(1) Subsequent declarations.--If a joint resolution of 
        approval is not enacted under section 203 with respect to a 
        national emergency before the expiration of the 30-day period 
        described in subsection (c), or with respect to a national 
        emergency proposed to be renewed under subsection (e), the 
        President may not, during the remainder of the term of office 
        of that President, declare a subsequent national emergency 
        under subsection (a) with respect to the same circumstances.
            ``(2) Exercise of authorities.--If a joint resolution of 
        approval is not enacted under section 203 with respect to a 
        power or authority specified by the President in a proclamation 
        under subsection (a) or an Executive order under subsection 
        (b)(1)(B) with respect to a national emergency, the President 
        may not, during the remainder of the term of office of that 
        President, exercise that power or authority with respect to 
        that emergency.
    ``(e) Renewal of National Emergencies.--A national emergency 
declared by the President under subsection (a) or previously renewed 
under this subsection, and not already terminated pursuant to 
subsection (c) or section 202(a), shall terminate on a date that is not 
later than one year after the President transmitted to Congress the 
proclamation declaring the emergency under subsection (a) or Congress 
approved a previous renewal pursuant to this subsection, unless--
            ``(1) the President publishes in the Federal Register and 
        transmits to Congress an Executive order renewing the 
        emergency; and
            ``(2) there is enacted into law a joint resolution of 
        approval renewing the emergency pursuant to section 203 before 
        the termination of the emergency or previous renewal of the 
        emergency.
    ``(f) Effect of Future Laws.--No law enacted after the date of the 
enactment of this Act shall supersede this title unless it does so in 
specific terms, referring to this title, and declaring that the new law 
supersedes the provisions of this title.''.

SEC. 302. TERMINATION OF NATIONAL EMERGENCIES.

    Section 202 of the National Emergencies Act (50 U.S.C. 1622) is 
amended to read as follows:

``SEC. 202. TERMINATION OF NATIONAL EMERGENCIES.

    ``(a) In General.--Any national emergency declared by the President 
under section 201(a) shall terminate on the earliest of--
            ``(1) the date provided for in section 201(c);
            ``(2) the date on which Congress, by statute, terminates 
        the emergency;
            ``(3) the date on which the President issues a proclamation 
        terminating the emergency; or
            ``(4) the date provided for in section 201(e).
    ``(b) 5-Year Limitation.--Under no circumstances may a national 
emergency declared by the President under section 201(a) continue on or 
after the date that is 5 years after the date on which the national 
emergency was first declared.
    ``(c) Effect of Termination.--
            ``(1) In general.--Effective on the date of the termination 
        of a national emergency under subsection (a) or (b)--
                    ``(A) except as provided by paragraph (2), any 
                powers or authorities exercised by reason of the 
                emergency shall cease to be exercised;
                    ``(B) any amounts reprogrammed or transferred under 
                any provision of law with respect to the emergency that 
                remain unobligated on that date shall be returned and 
                made available for the purpose for which such amounts 
                were appropriated; and
                    ``(C) any contracts entered into under any 
                provision of law relating to the emergency shall be 
                terminated.
            ``(2) Savings provision.--The termination of a national 
        emergency shall not moot--
                    ``(A) any legal action taken or pending legal 
                proceeding not finally concluded or determined on the 
                date of the termination under subsection (a) or (b); or
                    ``(B) any legal action or legal proceeding based on 
                any act committed prior to that date.''.

SEC. 303. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

    Title II of the National Emergencies Act (50 U.S.C. 1621 et seq.) 
is amended by adding at the end the following:

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

    ``(a) Joint Resolutions of Approval and of Termination.--
            ``(1) Definitions.--In this section:
                    ``(A) Joint resolution of approval.--The term 
                `joint resolution of approval' means a joint resolution 
                that contains only the following provisions after its 
                resolving clause:
                            ``(i) A provision approving--
                                    ``(I) a proclamation of a national 
                                emergency made under section 201(a);
                                    ``(II) an Executive order issued 
                                under section 201(b)(1)(B); or
                                    ``(III) an Executive order issued 
                                under section 201(e).
                            ``(ii) A provision approving a list of all 
                        or a portion of the provisions of law specified 
                        by the President under section 201(b) in the 
                        proclamation or Executive order that is the 
                        subject of the joint resolution.
                    ``(B) Joint resolution of termination.--The term 
                `joint resolution of termination' means a joint 
                resolution terminating--
                            ``(i) a national emergency declared under 
                        section 201(a); or
                            ``(ii) the exercise of any powers or 
                        authorities pursuant to that emergency.
            ``(2) Procedures for consideration of joint resolutions of 
        approval.--
                    ``(A) Introduction.--After the President transmits 
                to Congress a proclamation declaring a national 
                emergency under section 201(a), or an Executive order 
                renewing an emergency under section 201(e) or 
                specifying emergency powers or authorities under 
                section 201(b)(1)(B), a joint resolution of approval or 
                a joint resolution of termination may be introduced in 
                either House of Congress by any member of that House.
                    ``(B) Requests to convene congress during 
                recesses.--If, when the President transmits to Congress 
                a proclamation declaring a national emergency under 
                section 201(a), or an Executive order renewing an 
                emergency under section 201(e) or specifying emergency 
                powers or authorities under section 201(b)(1)(B), 
                Congress has adjourned sine die or has adjourned for 
                any period in excess of 3 calendar days, the Speaker of 
                the House of Representatives and the President pro 
                tempore of the Senate, if they deem it advisable (or if 
                petitioned by at least one-third of the membership of 
                their respective Houses) shall jointly request the 
                President to convene Congress in order that it may 
                consider the proclamation or Executive order and take 
                appropriate action pursuant to this section.
                    ``(C) Committee referral.--A joint resolution of 
                approval or a joint resolution of termination shall be 
                referred in each House of Congress to the committee or 
                committees having jurisdiction over the emergency 
                authorities invoked pursuant to the national emergency 
                that is the subject of the joint resolution.
                    ``(D) Consideration in senate.--In the Senate, the 
                following rules shall apply:
                            ``(i) Reporting and discharge.--If the 
                        committee to which a joint resolution of 
                        approval or a joint resolution of termination 
                        has been referred has not reported it at the 
                        end of 10 calendar days after its introduction, 
                        that committee shall be automatically 
                        discharged from further consideration of the 
                        resolution and it shall be placed on the 
                        calendar.
                            ``(ii) Proceeding to consideration.--
                        Notwithstanding Rule XXII of the Standing Rules 
                        of the Senate, when the committee to which a 
                        joint resolution of approval or a joint 
                        resolution of termination is referred has 
                        reported the resolution, or when that committee 
                        is discharged under clause (i) from further 
                        consideration of the resolution, it is at any 
                        time thereafter in order (even though a 
                        previous motion to the same effect has been 
                        disagreed to) for a motion to proceed to the 
                        consideration of the joint resolution to be 
                        made, and all points of order against the joint 
                        resolution (and against consideration of the 
                        joint resolution) are waived. The motion to 
                        proceed is subject to 4 hours of debate divided 
                        equally between those favoring and those 
                        opposing the joint resolution of approval or 
                        the joint resolution of termination. The motion 
                        is not subject to amendment, or to a motion to 
                        postpone, or to a motion to proceed to the 
                        consideration of other business.
                            ``(iii) Floor consideration.--A joint 
                        resolution of approval or a joint resolution of 
                        termination shall be subject to 10 hours of 
                        debate, to be divided evenly between the 
                        proponents and opponents of the resolution.
                            ``(iv) Amendments.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), no 
                                amendments shall be in order with 
                                respect to a joint resolution of 
                                approval or a joint resolution of 
                                termination.
                                    ``(II) Amendments to strike or add 
                                specified provisions of law.--Subclause 
                                (I) shall not apply with respect to any 
                                amendment to a joint resolution of 
                                approval to strike from or add to the 
                                list required by paragraph (1)(A)(ii) a 
                                provision or provisions of law 
                                specified by the President under 
                                section 201(b) in the proclamation or 
                                Executive order.
                            ``(v) Motion to reconsider final vote.--A 
                        motion to reconsider a vote on final passage of 
                        a joint resolution of approval or of a joint 
                        resolution of termination shall not be in 
                        order.
                            ``(vi) Appeals.--Points of order, including 
                        questions of relevancy, and appeals from the 
                        decision of the Presiding Officer, shall be 
                        decided without debate.
                    ``(E) Consideration in house of representatives.--
                In the House of Representatives, if any committee to 
                which a joint resolution of approval or a joint 
                resolution of termination has been referred has not 
                reported it to the House at the end of 10 calendar days 
                after its introduction, such committee shall be 
                discharged from further consideration of the joint 
                resolution, and it shall be placed on the appropriate 
                calendar. On Thursdays it shall be in order at any time 
                for the Speaker to recognize a Member who favors 
                passage of a joint resolution that has appeared on the 
                calendar for at least 3 calendar days to call up that 
                joint resolution for immediate consideration in the 
                House without intervention of any point of order. When 
                so called up a joint resolution shall be considered as 
                read and shall be debatable for 1 hour equally divided 
                and controlled by the proponent and an opponent, and 
                the previous question shall be considered as ordered to 
                its passage without intervening motion. It shall not be 
                in order to reconsider the vote on passage. If a vote 
                on final passage of the joint resolution has not been 
                taken on or before the close of the tenth calendar day 
                after the resolution is reported by the committee or 
                committees to which it was referred, or after such 
                committee or committees have been discharged from 
                further consideration of the resolution, such vote 
                shall be taken on that day.
                    ``(F) Receipt of resolution from other house.--If, 
                before passing a joint resolution of approval or a 
                joint resolution of termination, one House receives 
                from the other House a joint resolution of approval or 
                a joint resolution of termination--
                            ``(i) the joint resolution of the other 
                        House shall not be referred to a committee and 
                        shall be deemed to have been discharged from 
                        committee on the day it is received; and
                            ``(ii) the procedures set forth in 
                        subparagraph (D) or (E), as applicable, shall 
                        apply in the receiving House to the joint 
                        resolution received from the other House to the 
                        same extent as such procedures apply to a joint 
                        resolution of the receiving House.
                    ``(G) Rule of construction.--The enactment of a 
                joint resolution of approval or of a joint resolution 
                of termination under this subsection shall not be 
                interpreted to serve as a grant or modification by 
                Congress of statutory authority for the emergency 
                powers of the President.
    ``(b) Rules of the House and the Senate.--Subsection (a) is enacted 
by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        the House in the case of joint resolutions of approval, and 
        supersede other rules only to the extent that it is 
        inconsistent with such other rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.''.

SEC. 304. REPORTING REQUIREMENTS.

    Section 401 of the National Emergencies Act (50 U.S.C. 1641) is 
amended by adding at the end the following:
    ``(d) Report on Emergencies.--The President shall transmit to 
Congress, with any proclamation declaring a national emergency under 
section 201(a), or Executive order renewing an emergency under section 
201(e) or specifying emergency powers or authorities under section 
201(b)(1)(B), a report, in writing, that includes the following:
            ``(1) A description of the circumstances necessitating the 
        declaration of a national emergency, the renewal of such an 
        emergency, or the use of a new emergency authority specified in 
        the Executive order, as the case may be.
            ``(2) The estimated duration of the national emergency.
            ``(3) A summary of the actions the President or other 
        officers intend to take, including any reprogramming or 
        transfer of funds, and the statutory authorities the President 
        and such officers expect to rely on in addressing the national 
        emergency.
            ``(4) In the case of a renewal of a national emergency, a 
        summary of the actions the President or other officers have 
        taken in the preceding one-year period, including any 
        reprogramming or transfer of funds, to address the emergency.
    ``(e) Provision of Information to Congress.--The President shall 
provide to Congress such other information as Congress may request in 
connection with any national emergency in effect under title II.
    ``(f) Periodic Reports on Status of Emergencies.--If the President 
declares a national emergency under section 201(a), the President 
shall, not less frequently than every 180 days for the duration of the 
emergency, report to Congress on the status of the emergency and the 
actions the President or other officers have taken and authorities the 
President and such officers have relied on in addressing the emergency.
    ``(g) Final Report on Activities During National Emergency.--Not 
later than 90 days after the termination under section 202 of a 
national emergency declared under section 201(a), the President shall 
transmit to Congress a final report describing--
            ``(1) the actions that the President or other officers took 
        to address the emergency; and
            ``(2) the powers and authorities the President and such 
        officers relied on to take such actions.
    ``(h) Public Disclosure.--Each report required by this section 
shall be transmitted in unclassified form and be made public at the 
same time the report is transmitted to Congress, although a classified 
annex may be provided to Congress, if necessary.''.

SEC. 305. CONFORMING AMENDMENTS.

    (a) National Emergencies Act.--Title III of the National 
Emergencies Act (50 U.S.C. 1631) is repealed.
    (b) International Emergency Economic Powers Act.--Section 207 of 
the International Emergency Economic Powers Act (50 U.S.C. 1706) is 
amended--
            (1) in subsection (b), by striking ``if the national 
        emergency'' and all that follows through ``under this 
        section.'' and inserting the following: ``if--
            ``(1) the national emergency is terminated pursuant to 
        section 202(a)(2) of the National Emergencies Act; or
            ``(2) a joint resolution of approval is not enacted as 
        required by section 203 of that Act to approve--
                    ``(A) the national emergency; or
                    ``(B) the exercise of such authorities.''; and
            (2) in subsection (c)(1), by striking ``paragraphs (A), 
        (B), and (C) of section 202(a)'' and inserting ``section 
        202(c)(2)''.

SEC. 306. APPLICABILITY.

    (a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title shall take effect on the date of 
the enactment of this Act.
    (b) Application to National Emergencies Previously Declared.--A 
national emergency declared under section 201 of the National 
Emergencies Act before the date of the enactment of this Act shall be 
unaffected by the amendments made by this Act, except that such an 
emergency shall terminate on the date that is not later than one year 
after such date of enactment unless the emergency is renewed under 
subsection (e) of such section 201, as amended by section 301 of this 
Act.
                                 <all>