,,ii #aagth ,,congress #ast ,session ,s4 #bcia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bj1 #bjba ,mr4 ,murphy 7for himself1 ,mr4 ,lee1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to provide for clarification and limitations with respect to the exercise of national security powers1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,national ,security ,powers ,act of #bjba4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,war powers reform ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,policy4 ,sec4 #ajc4 ,sunset of existing authorizations for the use of military force4 ,sec4 #ajd4 ,repeal of the ,war ,powers ,resolution4 ,sec4 #aje4 ,notification4 ,sec4 #ajf4 ,requirement for authorization4 ,sec4 #ajg4 ,expedited procedures for congressional action4 ,sec4 #ajh4 ,termination of funding4 ,sec4 #aji4 ,interpretation of statutory authority requirement4 ,sec4 #aaj4 ,separability clause4 ,,title ,,ii--,arms ,export ,control ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,purpose4 ,sec4 #bjc4 ,congressional authorization of arms sales4 ,sec4 #bjd4 ,procedures for consideration of joint resolution authorizing or prohibiting arms sales4 ,sec4 #bje4 ,emergency procedures under ,arms ,export ,control ,act4 ,sec4 #bjf4 ,conforming amendments4 ,sec4 #bjg4 ,applicability4 ,,title ,,iii--,national ,emergencies ,act ,reform ,sec4 #cja4 ,requirements relating to declaration and renewal of national emergencies4 ,sec4 #cjb4 ,termination of national emergencies4 ,sec4 #cjc4 ,review by ,congress of national emergencies4 ,sec4 #cjd4 ,reporting requirements4 ,sec4 #cje4 ,conforming amendments4 ,sec4 #cjf4 ,applicability4 ,i ,war powers reform #aja4 ,definitions ,in this title3 7#a7 ,country ,the term country1 when used in a geographic sense1 includes territories 7whether or not disputed7 and possessions1 territorial waters1 and airspace4 7#b7 ,hostilities ,the term hostilities means any situation involving any use of lethal or potentially lethal force by or against ,united ,states forces 7or1 for purposes of paragraph #d7;,b71 by or against foreign regular or irregular forces71 irrespective of the domain1 whether such force is deployed remotely1 or the intermittency thereof4 ,the term does not include activities undertaken pursuant to section #ejc of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #ejic7 if such action is intended to have exclusively non-lethal effects4 7#c7 ,hostilities report ,the term hostilities report means a written report that sets forth the following information3 7,a7 ,the circumstances necessitating the introduction of ,united ,states forces into hostilities or a situation where there is a serious risk thereof1 or retaining them in a location where hostilities or the serious risk thereof has developed4 7,b7 ,the estimated cost of such operations4 7,c7 ,the specific legislative and constitutional authority for such action4 7,d7 ,any international law implications related to such action if applicable4 7,e7 ,the estimated scope and duration of the ,united ,states forces' participation in hostilities1 including an accounting of the personnel and weapons to be deployed4 7,f7 ,the country or countries in which the operations or deployment of ,united ,states forces are to occur or are ongoing4 7,g7 ,a description of their mission and the mission objectives that would indicate the mission is complete4 7,h7 ,any foreign partner forces or multilateral organizations that may be involved in the operations4 7,i7 ,the name of the specific country 7or countries7 or organized armed group 7or groups7 against which the use of force is authorized4 7,j7 ,the risk to ,united ,states forces or other ,united ,states persons or property involved in the operations4 7,k7 ,any other information as may be required to fully inform ,congress4 7#d7 ,introduce ,the term introduce means-- 7,a7 with respect to hostilities or a situation where there is a serious risk of hostilities1 any commitment1 engagement1 or other involvement of ,united ,states forces1 whether or not constituting self-defense measures by ,united ,states forces in response to an attack or serious risk thereof in any foreign country 7including its airspace1 cyberspace1 or territorial waters7 or otherwise outside the ,united ,states and whether or not ,united ,states forces are present or operating remotely launched1 piloted1 or directed attacks2 or 7,b7 the assigning or detailing of members of ,united ,states forces to command1 advise1 assist1 accompany1 coordinate1 or provide logistical or material support or training for any foreign regular or irregular military forces if-- 7i7 those foreign forces are involved in hostilities2 and 7ii7 such activities by ,united ,states forces make the ,united ,states a party to a conflict or are more likely than not to do so4 7#e7 ,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 hostilities1 irrespective of whether the primary purpose of the mission is training or assistance4 7#f7 ,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 includes1 at a minimum1 the following elements3 7,a7 ,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 authorized4 7,b7 ,a requirement the ,president seek from the ,congress a subsequent specific statutory authorization for any expansion of the mission to include new operational objectives1 additional countries1 or organized armed groups4 7,c7 ,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 forces4 7,d7 ,in cases where the use of military force in a particular situation is being reauthorized1 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 situation1 and of prospective costs to ,united ,states taxpayers for operations to be conducted pursuant to the proposed authorization4 7#g7 ,substantially enlarge ,the term substantially enlarge means1 for any two-year period1 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 #be percent or more1 or any increase of #a1jjj or more forces4 ,temporary duty and rotational forces shall be included in the number of ,united ,states forces for the purposes of this title4 7#h7 ,training ,when used with respect to any foreign regular or irregular forces1 the term training has the meaning given the term military education and training in section #fdd of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bdjc71 but does not include training that is focused entirely on observance of and respect for the law of armed conflict1 human rights and fundamental freedoms1 the rule of law1 and civilian control of the military4 7#i7 ,united ,states forces ,the term ,united ,states forces means any individuals employed by1 or under contract to1 or under the direction of1 any department or agency of the ,united ,states ,government who are-- 7,a7 deployed military or paramilitary personnel2 or 7,b7 military or paramilitary personnel who use lethal or potentially lethal force in the cyberspace domain4 #ajb4 ,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-- 7#a7 a declaration of war2 7#b7 specific statutory authorization2 or 7#c7 when necessary to repel a sudden attack1 or the concrete1 specific1 and immediate threat of such a sudden attack upon the ,united ,states1 its territories1 or possessions1 its armed forces1 or other ,united ,states citizens overseas4 #ajc4 ,sunset of existing authorizations for the use of military force ,effective #ahj days after the date of the enactment of this ,act1 the following laws are hereby repealed3 7#a7 ,the ,authorization for ,use of ,military ,force ,against ,iraq ,resolution of #bjjb 7,public ,law #ajg-bdc2 #aaf ,stat4 #adih2 #ej ,u4,s4,c4 #aeda note74 7#b7 ,the ,authorization for ,use of ,military ,force 7,public ,law #ajg-dj2 #ej ,u4,s4,c4 #aeda note74 7#c7 ,the ,authorization for ,use of ,military ,force ,against ,iraq 7,public ,law #ajb-a2 #aje ,stat4 #c2 #ej ,u4,s4,c4 #aeda note74 7#d7 ,the #aieg ,authorization for ,use of ,military ,force in the ,middle ,east 7,public ,law #hg-e74 #ajd4 ,repeal of the ,war ,powers ,resolution ,the ,war ,powers ,resolution 7,public ,law #ic-adh2 #ej ,u4,s4,c4 #aeda et seq47 is hereby repealed4 #aje4 ,notification ,the ,president shall notify ,congress1 in writing1 within #dh hours after ,united ,states forces enter the territory1 airspace1 or waters of a foreign country-- 7#a7 while equipped for combat1 except for deployments which relate solely to transportation1 supply1 replacement1 or training of such ,united ,states forces2 or 7#b7 in numbers that substantially enlarge the number of ,united ,states forces already located in a foreign nation4 #ajf4 ,requirement for authorization 7a7 ,prior authorization for certain activities relating to hostilities ,except as provided in subsection 7b71 before introducing ,united ,states forces into hostilities or a situation where there is a serious risk of hostilities1 the ,president shall provide a hostilities report to ,congress and obtain a specific statutory authorization for such introduction4 ,the ,president shall provide continuing hostilities reports to ,congress #cj days after the initial report and every #cj days thereafter1 in accordance with subsection 7d74 7b7 ,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 ,states1 its territories or possessions1 its armed forces1 or other ,united ,states citizens overseas or because the concrete1 specific1 and immediate threat of such a sudden attack1 and the time required to provide ,congress with a briefing necessary to inform a vote to obtain prior authorization from ,congress within #gb hours would prevent an effective defense against the attack or threat of immediate attack1 the ,president shall-- 7#a7 within #dh hours of ordering the introduction of ,united ,states forces into hostilities or a situation where there is a serious risk of hostilities1 inform ,congress of the ,president's decision1 describe the action taken1 the justification for proceeding without prior authorization1 and certifying either that hostilities have concluded or that they are continuing2 and 7#b7 not later than #g calendar days after ordering the introduction of ,united ,states forces into hostilities or a situation where there is a serious risk of hostilities1 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-- 7,a7 has withdrawn1 removed1 and otherwise ceased the use of ,united ,states forces from the situation that triggered this requirement2 and 7,b7 does not intend to reintroduce them4 7c7 ,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 7b7 within #bj days after the introduction of ,united ,states forces into hostilities or a situation where there is a serious risk of hostilities1 the ,president shall withdraw1 remove1 and otherwise cease the use of ,united ,states forces4 ,this #bj-;day period shall be extended for not more than an additional #aj days if the ,president determines1 certifies1 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 hostilities4 7d7 ,continuing hostilities reports ,if the ,president obtains specific statutory authorization1 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 #cj days from the delivery of the first hostilities report4 7e7 ,form ,any report submitted pursuant to subsection 7a71 7b71 or 7d7 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 ,states4 7f7 ,transmittal ,each report submitted pursuant to subsection 7a71 7b71 or 7d7 shall be transmitted to each house of ,congress on the same calendar day4 ,the report shall be-- 7#a7 referred to-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7#b7 made available to any member of ,congress upon request4 #ajg4 ,expedited procedures for congressional action 7a7 ,consideration by ,congress ,any resolution of disapproval described in subsection 7b7 may be considered by ,congress using the expedited procedures set forth in this section4 7b7 ,resolution of disapproval ,for purposes of this section1 the term resolution means only a joint resolution of the two ,houses of ,congress-- 7#a7 the title of which is as follows3 ,a joint resolution disapproving of the use of the ,united ,states ,armed ,forces in the prosecution of certain conflict42 7#b7 which does not have a preamble2 and 7#c7 the sole matter after the resolving clause of which is as follows3 ,that ,congress does not approve the use of military force in the prosecution of 1 with the blank space being filled with a description of the conflict concerned4 7c7 ,referral ,a resolution described in subsection 7b7 introduced in the ,senate shall be referred to the ,committee on ,foreign ,relations of the ,senate4 ,a resolution described in subsection 7b7 that is introduced in the ,house of ,representatives shall be referred to the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7d7 ,discharge ,if the committee to which a resolution described in subsection 7b7 is referred has not reported such resolution 7or an identical resolution7 by the end of #aj calendar days beginning on the date of introduction1 such committee shall be1 at the end of such period1 discharged from further consideration of such resolution1 and such resolution shall be placed on the appropriate calendar of the ,house involved4 7e7 ,consideration 7#a7 ,in general ,on or after the third calendar day after the date on which the committee to which such a resolution is referred has reported1 or has been discharged 7under subsection 7d77 from further consideration of1 such a resolution1 it is in order 7even though a previous motion to the same effect has been disagreed to7 for any ,member of the respective ,house to move to proceed to the consideration of the resolution4 ,all points of order against the resolution 7and against consideration of the resolution7 are waived4 ,the motion is highly privileged in the ,house of ,representatives and is privileged in the ,senate and is not debatable4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the resolution is agreed to1 the respective ,house shall immediately proceed to consideration of the joint resolution without intervening motion1 order1 or other business1 and the resolution shall remain the unfinished business of the respective ,house until disposed of4 7#b7 ,debate ,debate on the resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between those favoring and those opposing the resolution4 ,an amendment to the resolution is not in order4 ,a motion further to limit debate is in order and not debatable4 ,a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the resolution is not in order4 ,a motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order4 7#c7 ,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 ,house1 the vote on final passage of the resolution shall occur4 7#d7 ,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 ,representatives1 as the case may be1 to the procedure relating to a resolution shall be decided without debate4 7f7 ,consideration by other ,house 7#a7 ,in general ,if1 before the passage by one ,house of a resolution of that ,house described in subsection 7b71 that ,house receives from the other ,house a resolution described in subsection 7b71 then the following procedures shall apply3 7,a7 ,the resolution of the other ,house shall not be referred to a committee4 7,b7 7i7 ,the consideration as described in subsection 7e7 in that ,house shall be the same as if no resolution had been received from the other ,house2 but 7ii7 ,the vote on final passage shall be on the resolution of the other ,house4 7#b7 ,following disposition ,upon disposition of the resolution received from the other ,house1 it shall no longer be in order to consider the resolution that originated in the receiving ,house4 7g7 ,vetoes ,if the ,president vetoes a resolution1 debate in the ,senate of any veto message with respect to the resolution1 including all debatable motions and appeals in connection with the resolution1 shall be limited to #aj hours1 which shall be divided equally between those favoring and those opposing the resolution4 7h7 ,rules of the senate and house of representatives ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a resolution described in subsection 7b71 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 #ajh4 ,termination of funding ,notwithstanding any other provision of law1 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 obtained1 or for which authorization is required under this title but has not been obtained by the deadline specified in section #ajf7;c7 or for which a resolution of disapproval in accordance with section #ajg7;b7 has been enacted into law4 #aji4 ,interpretation of statutory authority requirement ,statutory authority to introduce ,united ,states forces into hostilities or into situations where there is a serious risk of hostilities1 or to retain them in a situation where hostilities or the serious risk thereof has developed1 shall not be inferred-- 7#a7 from any provision of law1 including any provision contained in any appropriation ,act1 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 title2 or 7#b7 from any source of international legal obligation binding on the ,united ,states1 including any resolution of the ,united ,nations ,security ,council and any treaty ratified before1 on1 or after the date of the enactment of this ,act1 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 title4 #aaj4 ,separability clause ,if any provision of this title or the application thereof to any person or circumstance is held invalid1 the remainder of the resolution and the application of such provision to any other person or circumstance shall not be affected thereby4 ,,ii ,arms ,export ,control #bja4 ,short title ,this title may be cited as the ,arms ,export ,reform ,act of #bjba4 #bjb4 ,purpose ,it is the purpose of this title to ensure the proper role of ,congress in national security decisions pertaining to sales1 exports1 leases1 and loans of defense articles1 especially with respect to armed conflict and human rights4 #bjc4 ,congressional authorization of arms sales 7a7 ,certification required 7#a7 ,in general ,notwithstanding any other provision of law1 in the case of a covered letter of offer1 a covered application for a license1 or a covered agreement1 before such a letter of offer or license is issued or before such an agreement is entered into or renewed1 the ,president shall submit to ,congress a certification described in paragraph 7#c74 7#b7 ,covered letters of offers1 applications for licenses1 and agreements ,for purposes of this subsection3 7,a7 ,a covered letter of offer is any letter of offer to sell under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 any item described in subsection 7c74 7,b7 ,a covered application for a license is any application by a person 7other than with regard to a sale under section #ba or #bb of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfa1 #bgfb77 for a license for the export of any item described in subsection 7c74 7,c7 ,a covered agreement is any agreement involving the lease under chapter #f of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgif et seq471 or the loan under chapter #b of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcaa et seq471 of any item described in subsection 7c7 to any foreign country or international organization for a period of one year or longer4 7#c7 ,certification described ,a certification described in this paragraph is a numbered certification containing the following3 7,a7 ,in the case of a letter of offer to sell1 the information described in section #cf7;b77#a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7;b77#a77 and section #cf7;b77#b7 of such ,act1 as redesignated by section #bjf7;a7 of this ,act1 without regard to the dollar amount of such sale1 except as specified in subsection 7c74 7,b7 ,in the case of a license for export 7other than with regard to a sale under section #ba or #bb of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfa1 #bgfb771 the information described in section #cf7;c7 of such ,act 7#bb ,u4,s4,c4 #bggf7;c771 as amended by section #bjf7;b7 of this ,act1 without regard to the dollar amount of such export1 except as specified in subsection 7c74 7,c7 ,in the case of a lease or loan agreement1 the information described in section #fb7;a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgif;a7a771 unless section #fb7;b7 of such ,act 7#bb ,u4,s4,c4 #bgif;a7b77 applies1 without regard to the dollar amount of such lease or loan1 except as specified in subsection 7c74 7b7 ,congressional authorization required 7#a7 ,prior congressional authorization ,no letter of offer may be issued under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 with respect to a proposed sale of any item described in subsection 7c7 to any country or international organization 7other than a country or international organization described in paragraph 7#b771 no license may be issued under such ,act with respect to a proposed export of any such item to any such country or organization1 and no lease may be made under chapter #f of such ,act 7#bb ,u4,s4,c4 #bgif et seq47 and no loan may be made under chapter #b of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcaa et seq47 of any such item to any such country or organization1 unless there is enacted a joint resolution or other provision of law authorizing such sale1 export1 lease1 or loan1 as the case may be4 7#b7 ,,nato and certain countries ,no letter of offer or license described in paragraph 7#a7 may be issued and no lease or loan described in such paragraph may be made with respect to a proposed sale1 export1 lease1 or loan1 as the case may be1 of any item described in subsection 7c7 to the ,north ,atlantic ,treaty ,organization 7,,nato71 any member country of such organization1 ,australia1 ,japan1 the ,republic of ,korea1 ,israel1 ,new ,zealand1 or ,taiwan1 if1 not later than #bj calendar days after receiving the appropriate certification1 a joint resolution is enacted prohibiting the proposed sale1 export1 lease1 or loan1 as the case may be4 7c7 ,items described ,the items described in this subsection are those items of types and classes as follows 7including parts1 components1 and technical data73 7#a7 ,firearms and ammunition of #a1jjj1jjj or more4 7#b7 ,air to ground munitions of #ad1jjj1jjj or more4 7#c7 ,tanks1 armored vehicles1 and related munitions of #ad1jjj1jjj or more4 7#d7 ,fixed and rotary1 manned or unmanned armed aircraft of #ad1jjj1jjj or more4 7#e7 ,services or training to security services of #ad1jjj1jjj or more4 #bjd4 ,procedures for consideration of joint resolution authorizing or prohibiting arms sales 7a7 ,consideration by ,congress ,any joint resolution under section #bjc7;b7 shall be considered by ,congress using the expedited procedures set forth in section #ajg7;c7-7h74 7b7 ,form of joint resolutions 7#a7 ,prior congressional authorization ,the joint resolution required by section #bjc7;b77#a7 is a joint resolution the text of which consists only of one or more sections1 each of which reads as follows3 ,the proposed to described in the certification submitted pursuant to section #bjc7;a7 of the ,arms ,export ,reform ,act of #bjba1 which was received by ,congress on 7,transmittal number7 is authorized41 with the appropriate activity1 whether sale1 export1 lease1 or loan1 and the appropriate country or international organization1 date1 and transmittal number inserted4 7#b7 ,,nato and certain countries ,the joint resolution required by section #bjc7;b77#b7 is a joint resolution the text of which consists of only one section1 which reads as follows3 ,that the proposed to described in the certification submitted pursuant to section #bjc7;a7 of the ,arms ,export ,reform ,act of #bjba1 which was received by ,congress on 7,transmittal number7 is not authorized41 with the appropriate activity1 whether sale1 export1 lease1 or loan1 and the appropriate country or international organization1 date1 and the transmittal number inserted4 #bje4 ,emergency procedures under ,arms ,export ,control ,act ,section #cf of the ,arms ,export ,control ,act is amended by adding at the end the following3 7j7 ,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 ,states1 thus waiving the congressional review requirements pursuant to section #c -- 7#a7 shall apply only if-- 7,a7 the ,president submits a determination and justification for each individual approval1 letter of offer1 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 determination2 and 7,b7 the delivery of the defense articles or defense services will take place not later than #fj days after the date on which such determination is made1 unless otherwise authorized by ,congress2 and 7#b7 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 ,states4 4 #bjf4 ,conforming amendments 7a7 ,government-to-,government sales 7#a7 ,in general ,section #cf7;b7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7;b77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 in the first sentence1 by striking ,subject to paragraph 7#f7 and inserting ,subject to paragraph 7#d72 and 7ii7 in the flush text following subparagraph 7,p71 by striking the last #b sentences2 7,b7 by striking paragraphs 7#b7 and 7#c72 7,c7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#b71 7#c71 and 7#d71 respectively2 7,d7 in subparagraph 7,c7 of paragraph 7#c71 as so redesignated1 in the first sentence1 by striking ,subject to paragraph 7#f7 and inserting ,subject to paragraph 7#d72 and 7,e7 in paragraph 7#d71 as redesignated by subparagraph 7,c7 of this paragraph1 in the matter preceding subparagraph 7,a71 by striking in paragraph 7#e77;,c7 and inserting in paragraph 7#c77;,c74 7#b7 ,conforming amendment ,section #ch7;f77#e77;,b77ii7 of such ,act 7#bb ,u4,s4,c4 #bggh7;f77#e77;,b77ii77 is amended by striking section #cf7;b77#e77;,a7 and inserting section #cf7;b77#c77;,a74 7b7 ,commercially licensed sales ,section #cf7;c7 of such ,act 7#bb ,u4,s4,c4 #bggf7;c77 is amended-- 7#a7 in paragraph 7#a71 in the first sentence1 by striking ,subject to paragraph 7#e71 in and inserting ,in2 7#b7 by striking paragraphs 7#b7 through 7#e72 and 7#c7 by redesignating paragraph 7#f7 as paragraph 7#b74 7c7 ,legislative review of leases and loans 7#a7 ,repeal ,section #fc of such ,act 7#bb ,u4,s4,c4 #bgif;b7 is repealed4 7#b7 ,conforming amendment ,section #fb7;b7 of such ,act 7#bb ,u4,s4 #bigf;a7b77 is amended1 in the first sentence1 by striking 7and in the case and all that follows through of that section74 #bjg4 ,applicability ,this title and the amendments made by this title shall apply with respect to any letter of offer or license for export issued1 or any lease or loan made1 after the date of the enactment of this ,act4 ,,iii ,national ,emergencies ,act ,reform #cja4 ,requirements relating to declaration and renewal of national emergencies ,section #bja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afba7 is amended to read as follows3 #bja4 ,declarations and renewals of national emergencies 7a7 ,authority ,to declare national emergencies ,with respect to ,acts of ,congress authorizing the exercise1 during the period of a national emergency1 of any special or extraordinary power1 the ,president is authorized to declare such a national emergency by proclamation4 ,such proclamation shall immediately be transmitted to ,congress and published in the ,federal ,register4 7b7 ,specification of provisions of law ,to be exercised 7#a7 ,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-- 7,a7 a proclamation declaring a national emergency under subsection 7a72 or 7,b7 one or more ,executive orders relating to the emergency published in the ,federal ,register and transmitted to ,congress4 7#b7 ,limitations ,the ,president may-- 7,a7 specify under paragraph 7#a7 only provisions of law that make available powers and authorities that relate to the nature of the national emergency2 and 7,b7 exercise such powers and authorities only to address the national emergency4 7c7 ,temporary effective periods 7#a7 ,in general ,a declaration of a national emergency under subsection 7a7 may last for #cj days from the issuance of the proclamation 7not counting the day on which the proclamation was issued7 and shall terminate when that #cj-;day period expires unless there is enacted into law a joint resolution of approval under section #bjc with respect to the proclamation4 7#b7 ,exercise of powers and authorities ,any power or authority made available under a provision of law described in subsection 7a7 and specified pursuant to subsection 7b7 may be exercised for #cj days from the issuance of the proclamation or ,executive order 7not counting the day on which such proclamation or ,executive order was issued74 ,that power or authority cannot be exercised once that #cj-;day period expires1 unless there is enacted into law a joint resolution of approval under section #bjc approving-- 7,a7 the proclamation of the national emergency or the ,executive order2 and 7,b7 the exercise of the power or authority specified by the ,president in such proclamation or ,executive order4 7#c7 ,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 emergency1 the #cj-;day periods described in paragraphs 7#a7 and 7#b7 shall begin on the first day ,congress convenes for the first time after the attack or other emergency4 7d7 ,prohibition on subsequent actions if emergencies not approved 7#a7 ,subsequent declarations ,if a joint resolution of approval is not enacted under section #bjc with respect to a national emergency before the expiration of the #cj-;day period described in subsection 7c71 or with respect to a national emergency proposed to be renewed under subsection 7e71 the ,president may not1 during the remainder of the term of office of that ,president1 declare a subsequent national emergency under subsection 7a7 with respect to the same circumstances4 7#b7 ,exercise of authorities ,if a joint resolution of approval is not enacted under section #bjc with respect to a power or authority specified by the ,president in a proclamation under subsection 7a7 or an ,executive order under subsection 7b77#a77;,b7 with respect to a national emergency1 the ,president may not1 during the remainder of the term of office of that ,president1 exercise that power or authority with respect to that emergency4 7e7 ,renewal of national emergencies ,a national emergency declared by the ,president under subsection 7a7 or previously renewed under this subsection1 and not already terminated pursuant to subsection 7c7 or section #bjb7;a71 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 7a7 or ,congress approved a previous renewal pursuant to this subsection1 unless-- 7#a7 the ,president publishes in the ,federal ,register and transmits to ,congress an ,executive order renewing the emergency2 and 7#b7 there is enacted into law a joint resolution of approval renewing the emergency pursuant to section #bjc before the termination of the emergency or previous renewal of the emergency4 7f7 ,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 terms1 referring to this title1 and declaring that the new law supersedes the provisions of this title4 4 #cjb4 ,termination of national emergencies ,section #bjb of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afbb7 is amended to read as follows3 #bjb4 ,termination of national emergencies 7a7 ,in general ,any national emergency declared by the ,president under section #bja7;a7 shall terminate on the earliest of-- 7#a7 the date provided for in section #bja7;c72 7#b7 the date on which ,congress1 by statute1 terminates the emergency2 7#c7 the date on which the ,president issues a proclamation terminating the emergency2 or 7#d7 the date provided for in section #bja7;e74 7b7 #e-,year limitation ,under no circumstances may a national emergency declared by the ,president under section #bja7;a7 continue on or after the date that is #e years after the date on which the national emergency was first declared4 7c7 ,effect of termination 7#a7 ,in general ,effective on the date of the termination of a national emergency under subsection 7a7 or 7b7-- 7,a7 except as provided by paragraph 7#b71 any powers or authorities exercised by reason of the emergency shall cease to be exercised2 7,b7 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 appropriated2 and 7,c7 any contracts entered into under any provision of law relating to the emergency shall be terminated4 7#b7 ,savings provision ,the termination of a national emergency shall not moot-- 7,a7 any legal action taken or pending legal proceeding not finally concluded or determined on the date of the termination under subsection 7a7 or 7b72 or 7,b7 any legal action or legal proceeding based on any act committed prior to that date4 4 #cjc4 ,review by ,congress of national emergencies ,title ,,ii of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afba et seq47 is amended by adding at the end the following3 #bjc4 ,review by ,congress of national emergencies 7a7 ,joint resolutions of approval and of termination 7#a7 ,definitions ,in this section3 7,a7 ,joint resolution of approval ,the term joint resolution of approval means a joint resolution that contains only the following provisions after its resolving clause3 7i7 ,a provision approving-- 7,i7 a proclamation of a national emergency made under section #bja7;a72 7,,ii7 an ,executive order issued under section #bja7;b77#a77;,b72 or 7,,iii7 an ,executive order issued under section #bja7;e74 7ii7 ,a provision approving a list of all or a portion of the provisions of law specified by the ,president under section #bja7;b7 in the proclamation or ,executive order that is the subject of the joint resolution4 7,b7 ,joint resolution of termination ,the term joint resolution of termination means a joint resolution terminating-- 7i7 a national emergency declared under section #bja7;a72 or 7ii7 the exercise of any powers or authorities pursuant to that emergency4 7#b7 ,procedures for consideration of joint resolutions of approval 7,a7 ,introduction ,after the ,president transmits to ,congress a proclamation declaring a national emergency under section #bja7;a71 or an ,executive order renewing an emergency under section #bja7;e7 or specifying emergency powers or authorities under section #bja7;b77#a77;,b71 a joint resolution of approval or a joint resolution of termination may be introduced in either ,house of ,congress by any member of that ,house4 7,b7 ,requests to convene congress during recesses ,if1 when the ,president transmits to ,congress a proclamation declaring a national emergency under section #bja7;a71 or an ,executive order renewing an emergency under section #bja7;e7 or specifying emergency powers or authorities under section #bja7;b77#a77;,b71 ,congress has adjourned sine die or has adjourned for any period in excess of #c calendar days1 the ,speaker of the ,house of ,representatives and the ,president pro tempore of the ,senate1 if they deem it advisable 7or if petitioned by at least one-third of the membership of their respective ,houses7 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 section4 7,c7 ,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 resolution4 7,d7 ,consideration in senate ,in the ,senate1 the following rules shall apply3 7i7 ,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 #aj calendar days after its introduction1 that committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar4 7ii7 ,proceeding to consideration ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 when the committee to which a joint resolution of approval or a joint resolution of termination is referred has reported the resolution1 or when that committee is discharged under clause 7i7 from further consideration of the resolution1 it is at any time thereafter in order 7even though a previous motion to the same effect has been disagreed to7 for a motion to proceed to the consideration of the joint resolution to be made1 and all points of order against the joint resolution 7and against consideration of the joint resolution7 are waived4 ,the motion to proceed is subject to #d hours of debate divided equally between those favoring and those opposing the joint resolution of approval or the joint resolution of termination4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 7iii7 ,floor consideration ,a joint resolution of approval or a joint resolution of termination shall be subject to #aj hours of debate1 to be divided evenly between the proponents and opponents of the resolution4 7iv7 ,amendments 7,i7 ,in general ,except as provided in subclause 7,,ii71 no amendments shall be in order with respect to a joint resolution of approval or a joint resolution of termination4 7,,ii7 ,amendments to strike or add specified provisions of law ,subclause 7,i7 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 7#a77;,a77ii7 a provision or provisions of law specified by the ,president under section #bja7;b7 in the proclamation or ,executive order4 7v7 ,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 order4 7vi7 ,appeals ,points of order1 including questions of relevancy1 and appeals from the decision of the ,presiding ,officer1 shall be decided without debate4 7,e7 ,consideration in house of representatives ,in the ,house of ,representatives1 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 #aj calendar days after its introduction1 such committee shall be discharged from further consideration of the joint resolution1 and it shall be placed on the appropriate calendar4 ,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 #c calendar days to call up that joint resolution for immediate consideration in the ,house without intervention of any point of order4 ,when so called up a joint resolution shall be considered as read and shall be debatable for #a hour equally divided and controlled by the proponent and an opponent1 and the previous question shall be considered as ordered to its passage without intervening motion4 ,it shall not be in order to reconsider the vote on passage4 ,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 referred1 or after such committee or committees have been discharged from further consideration of the resolution1 such vote shall be taken on that day4 7,f7 ,receipt of resolution from other house ,if1 before passing a joint resolution of approval or a joint resolution of termination1 one ,house receives from the other ,house a joint resolution of approval or a joint resolution of termination-- 7i7 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 received2 and 7ii7 the procedures set forth in subparagraph 7,d7 or 7,e71 as applicable1 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 ,house4 7,g7 ,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 ,president4 7b7 ,rules of the house and the senate ,subsection 7a7 is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in the ,house in the case of joint resolutions of approval1 and supersede other rules only to the extent that it is inconsistent with such other rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 4 #cjd4 ,reporting requirements ,section #dja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afda7 is amended by adding at the end the following3 7d7 ,report on emergencies ,the ,president shall transmit to ,congress1 with any proclamation declaring a national emergency under section #bja7;a71 or ,executive order renewing an emergency under section #bja7;e7 or specifying emergency powers or authorities under section #bja7;b77#a77;,b71 a report1 in writing1 that includes the following3 7#a7 ,a description of the circumstances necessitating the declaration of a national emergency1 the renewal of such an emergency1 or the use of a new emergency authority specified in the ,executive order1 as the case may be4 7#b7 ,the estimated duration of the national emergency4 7#c7 ,a summary of the actions the ,president or other officers intend to take1 including any reprogramming or transfer of funds1 and the statutory authorities the ,president and such officers expect to rely on in addressing the national emergency4 7#d7 ,in the case of a renewal of a national emergency1 a summary of the actions the ,president or other officers have taken in the preceding one-year period1 including any reprogramming or transfer of funds1 to address the emergency4 7e7 ,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 ,,ii4 7f7 ,periodic reports on status of emergencies ,if the ,president declares a national emergency under section #bja7;a71 the ,president shall1 not less frequently than every #ahj days for the duration of the emergency1 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 emergency4 7g7 ,final report on activities during national emergency ,not later than #ij days after the termination under section #bjb of a national emergency declared under section #bja7;a71 the ,president shall transmit to ,congress a final report describing-- 7#a7 the actions that the ,president or other officers took to address the emergency2 and 7#b7 the powers and authorities the ,president and such officers relied on to take such actions4 7h7 ,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 ,congress1 although a classified annex may be provided to ,congress1 if necessary4 4 #cje4 ,conforming amendments 7a7 ,national emergencies act ,title ,,iii of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afca7 is repealed4 7b7 ,international emergency economic powers act ,section #bjg of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjf7 is amended-- 7#a7 in subsection 7b71 by striking if the national emergency and all that follows through under this section4 and inserting the following3 8if-- 7#a7 the national emergency is terminated pursuant to section #bjb7;a77#b7 of the ,national ,emergencies ,act2 or 7#b7 a joint resolution of approval is not enacted as required by section #bjc of that ,act to approve-- 7,a7 the national emergency2 or 7,b7 the exercise of such authorities4 2 and 7#b7 in subsection 7c77#a71 by striking paragraphs 7,a71 7,b71 and 7,c7 of section #bjb7;a7 and inserting section #bjb7;c77#b74 #cjf4 ,applicability 7a7 ,in general ,except as provided in subsection 7b71 this title and the amendments made by this title shall take effect on the date of the enactment of this ,act4 7b7 ,application to national emergencies previously declared ,a national emergency declared under section #bja of the ,national ,emergencies ,act before the date of the enactment of this ,act shall be unaffected by the amendments made by this ,act1 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 7e7 of such section #bja1 as amended by section #cja of this ,act4