WASHINGTON—U.S. Senator Chris Murphy (D-Conn.), Chairman of the U.S. Senate Foreign Relations Subcommittee on Near East, South Asia, Central Asia and Counterterrorism, U.S. Senator Mike Lee (R-Utah), and U.S. Senator Bernie Sanders (I-Vt.), on Monday noted the growing support for their legislation to reclaim Congress’s critical role in national security matters. The National Security Powers Act specifically safeguards congressional prerogatives in the use of military force, emergency powers and arms exports. In each of these cases, the president is required to consult congressional leaders and obtain congressional authorization before exercising the powers in question. Any congressional authorization will have to meet specific requirements, including an automatic sunset. Under the National Security Powers Act, any activities lacking such authorization will face an automatic funding cutoff after a specified number of days. You can read more about the bill here. Rep. James P. McGovern (MA-02) will introduce companion legislation in the U.S. House of Representatives in the coming weeks.

Last week, Murphy authored an op-ed in War on the Rocks making the case that U.S. national security is stronger when Congress is involved and outlining his new legislation that would get Congress back to the table. The National Security Powers Act is supported by the Brennan Center for Justice at NYU Law School, the Center for American Progress, the Center for Civilians in Conflict (CIVIC), the Center for International Policy, Common Defense, Concerned Veterans for America, Demand Progress, Foreign Policy for America, Freedom Works, Friends Committee on National Legislation, Human Rights First, International Crisis Group, Indivisible, Niskanen Center, Open Society Policy Center, Oxfam America, Project on Government Oversight, Protect Democracy, Public Citizen, Quincy Institute for Responsible Statecraft, R Street Institute, VoteVets, Win Without War, and the American Civil Liberties Union (ACLU).

Below is a roundup of support for the National Security Powers Act: 

“Arms sales are the most common way the United States involves itself in war. At a moment when we’re seeing U.S. weapons devastate civilian communities caught in armed conflict, fuel human rights abuses around the world, and facilitate impunity for harm, it’s clear that Congress needs better tools to conduct real oversight and curb harmful arms transfers. This bipartisan legislation does that,” said Annie Shiel, Senior Advisor, US, Center for Civilians in Conflict (CIVIC).

“Common Defense’s veteran members and their military families know all too well the cost of the Forever Wars in Iraq, Afghanistan, and 40 other countries around the globe. For the past 20 years, our nation has not known peace. Now, thanks trailblazers like Rep. Barbara lee, and thanks to Sen. Murphy, Sen. Lee, and Sen. Sanders, America is beginning the process to return to the principles the founders enshrined in the constitution we swore to protect and defend. The National Security Powers Act reasserts the separation of powers, giving the people a chance to weigh in on how and when Congress, not the executive, send our troops to war. Importantly, the NSPA does not hamper the President’s emergency powers to defend the nation from attack, and codifies the procedure in order to prevent another endless military engagement. Nobody wants to see this bill passed more than the veterans and military families who have fought in these battles for the last 20 years. Perhaps then, we will know peace,” said Naveed A. Shah, Government Affairs Associate, Common Defense 

“America’s foreign policy status quo of the last few decades simply isn’t serving the American people, especially the men and women who risk their lives in support of it. By passing this bipartisan measure, war powers will be rebalanced, outdated and distorted AUMFs will be repealed, and our founders’ intent around the role Congress must play in matters of national security will be honored. It’s far past time for Congress to reclaim and perform its constitutional duty and again deliberate and vote on where, when, and why we send American troops into harm’s way. This bill is an opportunity for Congress to fulfill its duty to the people – and troops – it represents,” said Nate Anderson, Executive Director for CVA. 

“Foreign Policy for America applauds the introduction of the National Security Powers Act. This bill helps Congress begin to reclaim its constitutional powers. For too long, Congress has allowed itself to be left out of matters of war and peace by the administration, neglecting one of its core duties and delegating our foreign policy to the Oval Office. The National Security Powers Act returns Congress to a critical role in overseeing and consenting to the United States’ military activities and arms sales. This bill ensures Congress is doing its part to uphold a values-based foreign policy,” said Ben Weingrod, Senior Director for Policy for Foreign Policy for America. 

“War by default does not make people in the United States or anywhere else more secure.  This bill presses a much-needed reset button to ensure that the American people, through their representatives in Congress, get to decide when and if our country goes to war, as the Constitution requires.  It also creates a path for stopping weapons transfers to foreign militaries with records of abuse,” said Diana Ohlbaum, Legislative Director for Foreign Policy, Friends Committee on National Legislation.

"It is past time for the U.S. Congress to reclaim its role in making critical decisions about war and peace. The National Security Powers Act would take a major step in that direction, creating a framework that encourages public debate and deliberation before the country goes to war, and serving the twin ends of conflict prevention and democratic accountability," said Stephen Pomper, Interim Policy Chief, International Crisis Group.

"American foreign policy has long suffered from a profound imbalance that has helped lead to unchecked foreign interventions that lack popular support. Iran is a perfect example, with diplomatic sabotage, sanctions and military escalation encountering few restraints while critically important multilateral negotiations have been subject to fierce domestic infighting. If the U.S. is to end its forever wars, avoid starting new quagmires and pursue a diplomacy-centric foreign policy to advance national interests, the National Security Powers Act is a perfect place to start,” said Ryan Costello, Policy Director, NIAC Action.

“We believe U.S. security can be better protected and advanced by a set of policies that prioritizes diplomacy and other civilian tools, and views the use of force as a last resort requiring public debate, congressional authorization, and periodic review. The National Security Powers Act does all of this and more,” said Morton H. Halperin, Senior Policy Advisor, Open Society Foundations.

“Every day, millions of people’s lives are impacted by the violence and instability of armed conflict. It is the biggest driver of catastrophic hunger, which has increased 6 times over since the pandemic began. With the National Security Powers Act, Congress is taking an important step to bring US national security decisions – and their impact on communities across the globe – to light. Too often, the United States government makes life-and-death decisions to use military force or sell arms without due deliberation. These decisions should not be made at the whim of the President - they should be subject to public scrutiny and the will of the people. In particular, Oxfam applauds the sponsors’ proposal to require Congressional approval for the sale of certain deadly weapons. Past administrations have forced through arms sales to countries with abysmal human rights records – and we’ve seen the deadly consequences. Had this legislation been in effect during the Trump administration, the bipartisan opposition to arms sales to Saudi Arabia and the United Arab Emirates – which have used weapons purchased from the US to commit terrible violations of international law in Yemen – could have been stopped, saving lives and pushing leaders for peace. We hope Congress moves swiftly to consider and ultimately adopt this potentially lifesaving legislation,” said Scott Paul, Oxfam America’s Senior Manager for Humanitarian Policy.

“It's encouraging to see Congress taking action to reclaim their proper Constitutional role in matters of war and peace. The founders of our Republic understood only too well the dangers of entrusting too much power in the hands of the executive. The National Security Powers Act will correct a dangerous imbalance that has existed for decades,” said Dan Grazier, Project On Government Oversight.

“The National Security Powers Act is landmark legislation that puts Congress back in charge of war powers, national emergencies, and arms sales. It gives Congress the power that it intended in the 1970s and updates them to respond to new ways that Presidents of both parties have tried to evade Congressional scrutiny. The NSPA is a sign that Congress is taking runaway executive power seriously again, and we applaud Senators Murphy, Lee, and Sanders for working together to protect Congress's role,” said Soren Dayton, Protect Democracy.

“The National Security Powers Act restores the balance of power between the legislative and executive branches originally intended in the U.S. Constitution. Over time the office of the president has usurped greater power to wage wars, sell arms to foreign governments and declare national emergencies without the constitutional consent of Congress. This desperately-needed legislation mandates affirmative approval by Congress for such actions by the president, restoring the oversight role of the legislative branch. Public Citizen heartily endorses the National Security Powers Act,” said Craig Holman, Ph.D., Public Citizen.

“This bipartisan legislation will restore Congress’s essential role in determining where, when, and against whom the United States engages in warfare — and to whom it sells lethal arms. Requiring regular votes on these decisions will democratize foreign policy, giving the public a chance to make their views known and impact their representatives’ positions on crucial issues of war and peace. Congress owes it to the American people to reclaim these lost responsibilities, and should not miss this opportunity to do so,” said Lora Lumpe, CEO, Quincy Institute.

“The Constitution provides that both Congress and the president share important national security powers. But over time, those powers have skewed toward the executive branch. This concentration of power has led to unilateral military actions and dubious emergency declarations with little congressional response. The first step to reform is a bipartisan acknowledgment that this vital division of powers is not about partisan politics, but a fundamental understanding that our branches of government have distinct and important roles. An executive branch with too much power and a Congress with too little leads to potential abuse with no appropriate check or oversight. And when it comes to our national security, the stakes could not be any greater. We are grateful to Sens. Chris Murphy (D-Conn.), Mike Lee (R-Utah) and Bernie Sanders (I-Vt.) for their leadership on this important issue,” said Anthony Marcum, Resident Governance Fellow, R Street Institute.

“It is encouraging to see a bipartisan consensus forming in Congress that the way this nation wages war has veered far off course from the intention of the Founding Fathers, and must be recalibrated. The Constitution is clear – Congress has the power to declare war, not the executive. However, Authorizations for Use of Military Force (AUMFs) have handed a blank check to presidents of both parties to send troops wherever they want, whenever they want, without a debate or a vote in Congress. We commend Senators Murphy, Lee, and Sanders for taking the initiative to bring war powers back where they belong, and restore accountability to the Commander in Chief, whoever he or she may be, in the future,” said Mary Kaszynski, director of government relations, VoteVets.

"With the introduction of the NSPA, Senators Murphy, Sanders, and Lee are continuing to heed the momentous grassroots energy to end U.S. complicity in the Saudi-led war in Yemen, U.S. brinkmanship with Iran, dangerous arms sales to dictators, and a fake national emergency. After these successful bipartisan efforts were thwarted by outdated and poorly written laws, the introduction of the NSPA can help finally turn the tide and put critical national security decisions back where they belong: in the hands of Congress and, ultimately, the people," said Erica Fein, Senior Washington Director, Win Without War.

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