I 
117TH CONGRESS 
1ST SESSION H. R. 5410 
To provide for clarification and limitations with respect to the exercise of 
national security powers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2021 
Mr. MCGOVERN (for himself, Mr. MEIJER, Mr. DEFAZIO, Ms. MACE, Ms. LEE 
of California, Mr. CASTRO of Texas, and Mr. LIEU) introduced the fol-
lowing bill; which was referred to the Committee on Foreign Affairs, and 
in addition to the Committees on Transportation and Infrastructure, and 
Rules, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To provide for clarification and limitations with respect to 
the exercise of national security powers, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Security Reforms and Accountability Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
TITLE I— WAR POWERS REFORM 
Sec. 101. Short title. 
Sec. 102. Purpose and policy. 
Sec. 103. Consultation and notification. 
Sec. 104. Specific statutory authorization required. 
Sec. 105. Congressional priority procedures for joint resolution. 
Sec. 106. Interpretation of joint resolution. 
Sec. 107. Judicial review. 
Sec. 108. Termination of funding; termination of use of military force. 
Sec. 109. Law of Armed Conflict, international humanitarian law, and the trea-
ty obligations of the United States. 
Sec. 110. Definitions. 
TITLE II—ARMS EXPORT REFORM 
Sec. 201. Short title. 
Sec. 202. Congressional review and approval of certain sales, exports, leases, 
and loans of defense articles and services. 
Sec. 203. Prohibition on transfer of defense articles and defense services to 
countries that commit genocide or violations of international 
humanitarian law. 
TITLE III—NATIONAL EMERGENCIES REFORM ACT 
Sec. 301. Short title. 
Sec. 302. Congressional review of national emergencies. 
Sec. 303. Reporting requirements. 
Sec. 304. Disclosures to Congress of presidential documents relating to emer-
gency actions. 
Sec. 305. Conforming amendments. 
Sec. 306. Effective date; applicability. 
TITLE I— WAR POWERS REFORM 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘War Powers Resolu-
tion Modernization and Accountability Act’’. 
SEC. 102. PURPOSE AND POLICY. 
Section 2 of the War Powers Resolution (50 U.S.C. 
1541) is amended— 
(1) in subsection (a), by striking ‘‘imminent in-
volvement in hostilities is clearly indicated by the 
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circumstances’’ and inserting ‘‘there is a serious risk 
of hostilities’’; 
(2) in subsection (b), by inserting ‘‘declare war, 
exercise enumerated war powers, and’’ after ‘‘Con-
gress shall have the power to’’; and 
(3) in subsection (c)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘powers’’ and inserting 
‘‘authority’’; and 
(ii) by striking ‘‘imminent involvement 
in hostilities is clearly indicated by the cir-
cumstances’’ and inserting ‘‘there is a seri-
ous risk of hostilities’’; and 
(B) by amending paragraph (3) to read as 
follows: ‘‘(3) when necessary to repel a sudden 
attack, or respond to a concrete, specific, and 
immediate threat of such a sudden attack upon 
the United States, its territories or possessions, 
United States forces, or United States citi-
zens.’’. 
SEC. 103. CONSULTATION AND NOTIFICATION. 
Section 3 of the War Powers Resolution (50 U.S.C. 
1542) is amended— 
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(1) in the section heading, by inserting ‘‘AND 
NOTIFICATION’’ after ‘‘CONSULTATION’’; 
(2) by striking ‘‘The President’’ and inserting 
‘‘(a) The President’’; 
(3) by inserting ‘‘, including with the appro-
priate congressional committees and leadership,’’ 
after ‘‘consult with Congress’’; 
(4) by striking ‘‘imminent involvement in hos-
tilities is clearly indicated by the circumstances’’ and 
inserting ‘‘there is a serious risk of hostilities’’; 
(5) by striking ‘‘until United States Armed 
Forces’’ and inserting ‘‘, including submitting to the 
appropriate congressional committees and leadership 
any and all information and materials relied on to 
justify the decision to introduce and continue the de-
ployment of United States forces, until such forces’’; 
and 
(6) by adding at the end the following: 
‘‘(b) The President shall notify the Congress, includ-
ing the appropriate congressional committees and leader-
ship— 
‘‘(1) before United States forces are introduced 
into the territory, airspace, or waters of a foreign 
country while equipped for combat, except with re-
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spect to deployments that relate solely to supply, re-
placement, repair, or training of such forces; and 
‘‘(2) before United States forces are introduced 
into the territory, airspace, or waters of a foreign 
country in which there are already United States 
forces equipped for combat if the introduction of 
such forces would substantially enlarge the overall 
number of United States forces equipped for combat 
located in that country or otherwise substantially in-
crease the military capabilities of United States 
forces. 
‘‘(c) In the event that circumstances prohibit the no-
tification required by subsection (b) prior to the introduc-
tion of United States forces, the President shall provide 
such notification not later than 48 hours after such intro-
duction, including an explanation of why it could not be 
offered prior to such introduction. 
‘‘(d) The notification required by subsection (b) or 
(c) shall include, at a minimum, the circumstances necessi-
tating the introduction of United States forces, the statu-
tory or constitutional authority for such introduction, and 
the expected scope and duration of the use of such 
forces.’’. 
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SEC. 
104. 
SPECIFIC 
STATUTORY 
AUTHORIZATION 
RE-
QUIRED. 
The War Powers Resolution (50 U.S.C. 1541 et seq.) 
is amended— 
(1) by striking sections 4, 5, 6, and 7; 
(2) by redesignating sections 8, 9, and 10 as 
sections 6, 11, and 12, respectively; and 
(3) by inserting after section 3 the following: 
‘‘SPECIFIC STATUTORY AUTHORIZATION REQUIRED 
‘‘SEC. 4. (a) In the absence of a declaration of war, 
and except as provided in subsection (b), United States 
forces may be introduced into hostilities or into situations 
where there is a serious risk of hostilities only if, before 
introducing such forces— 
‘‘(1) the President submits to the appropriate 
congressional committees and leadership an initial 
report in accordance with the requirements of sub-
section (d)(1) for the use of such forces; and 
‘‘(2) the Congress enacts a specific statutory 
authorization for the use of such forces. 
‘‘(b)(1) In the absence of a declaration of war, in any 
case in which United States forces are introduced into hos-
tilities or into situations where there is a serious risk of 
hostilities— 
‘‘(A) when necessary to repel a sudden attack, 
or respond to a concrete, specific, and immediate 
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threat of such a sudden attack, upon the territory, 
airspace, or waters of the United States, United 
States forces, or United States citizens; and 
‘‘(B) the time required to obtain prior specific 
statutory authorization for the use of such forces as 
required under subsection (a) would prevent an ef-
fective defense against the attack or threat of at-
tack, 
the President shall, not later than 48 hours after ordering 
the use of such forces, inform the appropriate congres-
sional committees and leadership of the President’s deci-
sion and describe the use of such forces, the justification 
for the use of such forces without prior specific statutory 
authorization, and certify whether hostilities have con-
cluded or are continuing. 
‘‘(2)(A) Except as provided in subparagraph (B), not 
later than seven calendar days after ordering the use of 
United States forces as described in paragraph (1), the 
President shall submit to the appropriate congressional 
committees and leadership— 
‘‘(i) a request for specific statutory authoriza-
tion for the use of such forces; and 
‘‘(ii) a report that meets the requirements of 
subsection (d)(1)(B). 
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‘‘(B) The requirement to submit a request for specific 
statutory authorization for the use of United States forces 
under subparagraph (A) shall not apply in any case in 
which the President— 
‘‘(i) has withdrawn, removed, or otherwise 
ceased the use of such forces; and 
‘‘(ii) has certified to the appropriate congres-
sional committees and leadership that the President 
does not anticipate introducing United States forces 
into hostilities or into situations where there is a se-
rious risk of hostilities for a substantially similar 
purpose. 
‘‘(c)(1) If the Congress does not enact a specific stat-
utory authorization for the use of United States forces 
under subsection (b) within 20 days of the introduction 
of such forces into hostilities or a situation where there 
is a serious risk hostilities, the President shall withdraw, 
remove, or otherwise cease the use of such forces. 
‘‘(2) The 20-day period described in paragraph (1) 
shall be extended for not more than an additional 10 days 
if the President determines and certifies to the Congress 
in writing that unavoidable military necessity respecting 
the safety of such forces requires the continued use of 
such forces for the sole purpose of bringing about the safe 
removal of such forces. 
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‘‘(d)(1)(A) If the Congress does enact a specific stat-
utory authorization for the use of United States forces 
under subsection (a) or (b), the President shall submit to 
the appropriate congressional committees and leadership 
a report in writing on the use of such forces— 
‘‘(i) not less frequently than every 30 days; 
and 
‘‘(ii) as new information becomes available 
or whenever there is a material change in the 
information previously reported under this 
paragraph. 
‘‘(B) The report required by subparagraph (A) shall, 
with respect to each use of United States forces, include 
the following: 
‘‘(i) The circumstances necessitating the use of 
such forces. 
‘‘(ii) An identification of enemy and opposing 
forces. 
‘‘(iii) The specific United States constitutional 
and statutory authorities and international law au-
thorities for the use of such forces with respect to 
each enemy and opposing force identified pursuant 
to clause (ii), including an explanation of whether 
the use of such forces is consistent with existing 
United States international legal obligations. 
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‘‘(iv) The total cost of the use of such forces 
since the introduction of such forces into hostilities 
or into situations where there is a serious risk of 
hostilities. 
‘‘(v) The estimated scope and duration of the 
use of such forces, including the personnel and 
weapons to be deployed. 
‘‘(vi) The country or countries in which such 
forces are deployed. 
‘‘(vii) A description of— 
‘‘(I) the mission of such forces; 
‘‘(II) the outcomes or benchmarks that 
would indicate the mission is complete; and 
‘‘(III) the length of time it is expected to 
take to meet the objectives of the mission. 
‘‘(viii) An identification of United States allied 
or partner forces or multilateral organizations that 
are or may be involved in the deployment. 
‘‘(ix) The risk to United States persons or 
property involved in the deployment. 
‘‘(x) Any other information as may be required 
to fully inform Congress. 
‘‘(C) The report required by subparagraph (A)— 
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‘‘(i) shall be submitted in unclassified form 
without any designation relating to dissemination 
control; and 
‘‘(ii) may include a classified annex only to the 
extent required to protect the national security of 
the United States. 
‘‘(2) If the Congress does enact a specific statutory 
authorization for the use of United States forces under 
subsection (a) or (b), the Director of the Congressional 
Budget Office shall submit to the appropriate congres-
sional committees and leadership— 
‘‘(A) a report in writing that contains an anal-
ysis and estimate of the costs of such use of forces 
not less frequently than every 180 days until termi-
nation of the specific statutory authorization; and 
‘‘(B) a report in writing that contains a final 
analysis of the costs of such use of forces not later 
than 30 days after the date of termination of the 
specific statutory authorization. 
‘‘(e) In the event hostilities in which United States 
forces are engaged extend to a country, organization, or 
enemy or opposing force that is not identified in a specific 
statutory authorization pursuant to which United States 
forces are operating— 
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‘‘(1) such extension shall be deemed to con-
stitute a separate introduction of United States 
forces into hostilities within the meaning of section 
3 and this section, including with respect to the limi-
tations and consultation, notification, and reporting 
requirements described in such sections; and 
‘‘(2) such forces may continue to engage in 
such hostilities only if a new specific statutory au-
thorization is enacted into law in accordance with 
subsection (a) or (b), as applicable, with respect to 
such country, organization, or enemy or opposing 
force. 
‘‘(f)(1) Notwithstanding subsections (a) and (b), at 
any time during which United States forces are engaged 
in hostilities without a declaration of war or pursuant to 
a specific statutory authorization under subsection (a) or 
(b) before the expiration of the time period specified in 
paragraph (1) or (2) of subsection (c), as applicable, such 
forces shall be removed by the President if the Congress 
enacts a joint resolution directing the President to so re-
move such forces. 
‘‘(2) The expedited procedures described in section 5 
shall apply with respect to a joint resolution described in 
this subsection.’’. 
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SEC. 105. CONGRESSIONAL PRIORITY PROCEDURES FOR 
JOINT RESOLUTION. 
The War Powers Resolution, as amended by this Act, 
is further amended by inserting after section 4 the fol-
lowing: 
‘‘CONGRESSIONAL PRIORITY PROCEDURES FOR JOINT 
RESOLUTION 
‘‘SEC. 5. (a) Any joint resolution introduced to pro-
vide specific statutory authorization under section 4(a) or 
under section 4(b) before the expiration of the time period 
specified in paragraph (1) or (2) of section 4(c) shall be 
referred to the committee of jurisdiction of the House of 
Representatives or of the Senate, as applicable, and such 
committee shall report one such joint resolution, together 
with its recommendations. If a committee of the House 
to which such joint resolution has been referred has not 
reported it, within 10 legislative days in the House of Rep-
resentatives or 10 session days in the Senate after the date 
of referral, that committee shall be discharged from fur-
ther consideration. 
‘‘(b) In the House of Representatives: 
‘‘(1) Between the third legislative day and the 
13th legislative day after the committee of jurisdic-
tion reports the joint resolution to the House or has 
been discharged from further consideration thereof, 
it shall be in order for the chair of the committee 
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of jurisdiction (or a designee) or the sponsor of such 
joint resolution (or a designee) to announce his or 
her intent to offer a motion to proceed and to move 
to proceed to consider the joint resolution, except 
that the chair of the committee (or a designee) shall 
have priority in recognition to offer the motion fol-
lowed by the sponsor. 
‘‘(2) All points of order against such motion are 
waived, except that such a motion shall not be in 
order after the House has disposed of the same joint 
resolution. A motion to proceed to consider any 
other joint resolution introduced to provide specific 
statutory authorization under section 4(a) or under 
section 4(b) authorizing the use of United States 
forces for the same purpose as the joint resolution 
described in preceding sentence shall not be in order 
after a motion to proceed on the joint resolution de-
scribed in the preceding sentence has been offered. 
‘‘(3) Such motion to proceed shall be scheduled 
within two legislative days after the date of such an-
nouncement. 
‘‘(4) The previous question shall be considered 
as ordered on the motion to its adoption without in-
tervening motion except 20 minutes of debate equal-
ly divided and controlled by a proponent and an op-
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ponent. A motion to reconsider the vote by which the 
motion is disposed of shall not be in order. The mo-
tion to proceed shall be subject to a motion to table. 
‘‘(5) Upon adoption of the motion to proceed, 
such joint resolution shall be considered as read. All 
points of order against such joint resolution, and 
against its consideration, are waived. The previous 
question shall be considered as ordered on such joint 
resolution to final passage without intervening mo-
tion, except that two hours of debate shall be equally 
divided and controlled by— 
‘‘(A) the chair of the committee of jurisdic-
tion (or a designee) and the ranking member of 
that committee (or a designee); or 
‘‘(B) if the sponsor of the such joint reso-
lution made the motion to proceed, the sponsor 
(or a designee) and an opponent. 
‘‘(6) A motion to reconsider the vote on passage 
of such joint resolution shall not be in order. 
‘‘(c) In the Senate— 
‘‘(1) Notwithstanding Rule XXII of the Stand-
ing Rules of the Senate, it is in order at any time 
after the Committee on Foreign Relations reports 
such joint resolution to the Senate or has been dis-
charged from its consideration (even though a pre-
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vious motion to the same effect has been disagreed 
to) to move to proceed to the consideration of such 
joint resolution, and all points of order against such 
joint resolution or against its consideration, are 
waived. The motion to proceed is not debatable. The 
motion is not subject to a motion to postpone. A mo-
tion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If 
a motion to proceed to the consideration of such 
joint resolution is agreed to, the joint resolution 
shall remain the unfinished business until disposed 
of. 
‘‘(2) Debate on such joint resolution, and on all 
debatable motions and appeals in connection there-
with, shall be limited to not more than 10 hours, 
which shall be divided equally between the majority 
and minority leaders or their designees. A motion to 
further limit debate is in order and not debatable. 
An amendment to, or a motion to postpone, or a mo-
tion to proceed to the consideration of other busi-
ness, or a motion to recommit the joint resolution is 
not in order. 
‘‘(3) The vote on passage shall occur imme-
diately following the conclusion of the debate on 
such joint resolution and a single quorum call at the 
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conclusion of the debate, if requested in accordance 
with the rules of the Senate. 
‘‘(4) Appeals from the decisions of the Chair re-
lating to the application of the rules of the Senate, 
as the case may be, to the procedure relating to such 
joint resolution shall be decided without debate. 
‘‘(5) Debate in the Senate of any veto message 
with respect to such resolution, including all debat-
able motions and appeals in connection with such 
resolution, shall be limited to 10 hours, to be equally 
divided between, and controlled by, the majority 
leader and the minority leader or their designees. 
‘‘(d)(1) If, before passage by one House of a joint 
resolution of that House, that House receives a joint reso-
lution to provide specific statutory authorization from the 
other House, then the following procedures shall apply: 
‘‘(A) The joint resolution of the other House 
shall not be referred to a committee. 
‘‘(B) With respect to the joint resolution of the 
House receiving the legislation— 
‘‘(i) the procedure in that House shall be 
the same as if no joint resolution had been re-
ceived from the other House; but 
‘‘(ii) the vote on passage shall be on the 
joint resolution of the other House. 
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‘‘(2) If one House fails to introduce a joint resolution 
to provide specific statutory authorization under section 
4(a) or under section 4(b), the joint resolution of the other 
House shall be entitled to expedited floor procedures under 
this section. 
‘‘(3) If, following passage of the joint resolution in 
the Senate, the Senate then receives a joint resolution to 
provide specific statutory authorization from the House of 
Representatives, the joint resolution shall not be debat-
able. 
‘‘(4) The provisions of this subsection shall not apply 
in the House of Representatives to a joint resolution which 
is a revenue measure. 
‘‘(e) This section is enacted by Congress— 
‘‘(1) as an exercise of the rulemaking power of 
the Senate and the House of Representatives, re-
spectively, and as such are deemed a part of the 
rules of each House, respectively, but applicable only 
with respect to the procedure to be followed in that 
House in the case of legislation described in those 
sections, and supersede other rules only to the ex-
tent that they are inconsistent with such rules; and 
‘‘(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
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in the same manner, and to the same extent as in 
the case of any other rule of that House.’’. 
SEC. 106. INTERPRETATION OF JOINT RESOLUTION. 
Section 6 of the War Powers Resolution, as redesig-
nated by section 104(2), is amended to read as follows: 
‘‘INTERPRETATION OF JOINT RESOLUTION 
‘‘SEC. 6. (a) Specific statutory authorization for the 
use of United States forces shall not be inferred— 
‘‘(1) from any provision of law, including any 
provision contained in any appropriations Act, unless 
such provision expressly authorizes the use of such 
forces and states that it is intended to constitute 
specific statutory authorization within the meaning 
of this joint resolution; or 
‘‘(2) from any source of international legal obli-
gation binding on the United States, including any 
resolution of the United Nations Security Council or 
any treaty unless such treaty is implemented by leg-
islation specifically authorizing the use of such 
forces and stating that it is intended to constitute 
specific statutory authorization within the meaning 
of this joint resolution. 
‘‘(b) Nothing in this joint resolution may be con-
strued to affect the authority granted by the Constitution 
to the Congress or of the President, or the provisions of 
any treaty or other international agreement that is in 
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force with respect to the United States before, on, or after 
the date of the enactment of this section.’’. 
SEC. 107. JUDICIAL REVIEW. 
The War Powers Resolution (50 U.S.C. 1541 et seq.), 
as amended by this Act, is further amended by inserting 
after section 6 the following: 
‘‘JUDICIAL REVIEW 
‘‘SEC. 7. (a)(1) If an officer or employee of the execu-
tive branch, including the President and an officer or em-
ployee of the Executive Officer of the President, fails to 
comply with a provision of this joint resolution, upon the 
adoption of a resolution described in subsection (b), the 
House of Representatives or the Senate may bring an ac-
tion in the name of the House of Representatives or the 
Senate (as the case may be) for such relief as may be ap-
propriate, including declaratory judgment and any form 
of ancillary relief, including injunctive relief. 
‘‘(2) An action brought under this section shall be 
brought— 
‘‘(A) in the case of an action brought by the 
House of Representatives, by the Office of the Gen-
eral Counsel of the House of Representatives or such 
successor office to such Office as the House may 
designate; or 
‘‘(B) in the case of an action brought by the 
Senate, by the Office of the Senate Legal Counsel or 
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such successor office to such Office as the Senate 
may designate. 
‘‘(b)(1) A resolution described in this subsection is 
a resolution described as follows: 
‘‘(A) The resolution does not have a preamble. 
‘‘(B) The title is as follows: ‘Authorizing an ac-
tion under section 7 of the War Powers Resolution.’. 
‘‘(C) The matter after the resolving clause is as 
follows: ‘That the llllllll is authorized 
and directed to bring an action under section 7 of 
the War Powers Resolution to obtain relief from the 
failure of llllllll to comply with 
lllllll of the War Powers Resolution.’, 
with the first blank space filled in with the identi-
fication of the office responsible for bringing an ac-
tion under this section for the House of Congress in-
volved, the second blank space filled in with the 
name and position of the officer or employee of the 
executive branch who has failed to comply with a 
provision of this Act, and the third blank space filled 
in with the provision of this joint resolution with 
which such officer or employee failed to comply. 
‘‘(2) The expedited procedures described in section 5 
shall apply with respect to a resolution described in this 
subsection. 
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‘‘(c) For purposes of this section, the failure of an 
officer or employee of the executive branch, including the 
President and an officer or employee of the Executive Offi-
cer of the President, to provide any information to Con-
gress as required by this joint resolution shall be treated 
as the failure of such officer or employee to comply with 
this joint resolution. 
‘‘(d) The following rules shall apply with respect to 
any action brought by the House of Representatives or 
Senate pursuant to the authority of this section: 
‘‘(1) The action shall be filed in the United 
States District Court for the District of Columbia, 
and shall be heard not later than 30 days after the 
action is filed by a 3-judge court convened pursuant 
to section 2284 of title 28, United States Code. 
‘‘(2) A copy of the complaint shall be delivered 
promptly to the Clerk of the House of Representa-
tives (in the case of an action brought by the House) 
and the Secretary of the Senate (in the case of an 
action brought by the Senate). 
‘‘(3) A final decision in the action shall be re-
viewable only by appeal directly to the Supreme 
Court of the United States. Such appeal shall be 
taken by the filing of a notice of appeal within 10 
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days, and the filing of a jurisdictional statement 
within 30 days, of the entry of the final decision. 
‘‘(4) It shall be the duty of the United States 
District Court for the District of Columbia and the 
Supreme Court of the United States to advance on 
the docket and to expedite to the greatest possible 
extent the disposition of the action and appeal. 
‘‘(e) Nothing in this section may be construed to af-
fect the treatment of the failure of an officer or employee 
of the executive branch, including the President and an 
officer or employee of the Executive Officer of the Presi-
dent, to comply with a provision of this joint resolution 
as a legal wrong because of agency action for purposes 
of obtaining judicial review under section 702 of title 5, 
United States Code.’’. 
SEC. 108. TERMINATION OF FUNDING; TERMINATION OF 
USE OF MILITARY FORCE. 
The War Powers Resolution (50 U.S.C. 1541 et seq.), 
as amended by this Act, is further amended by inserting 
after section 7 the following: 
‘‘TERMINATION OF FUNDING 
‘‘SEC. 8. (a) Notwithstanding any other provision of 
law, no funds authorized to be appropriated or otherwise 
made available under any provision of law may be obli-
gated or expended for any activity by United States forces 
for which— 
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‘‘(1) prior congressional authorization is re-
quired under section 4(a) but has not been obtained; 
or 
‘‘(2) congressional authorization is required 
under section 4(b) but has not been obtained before 
the expiration of the time period specified in para-
graph (1) or (2) of section 4(c), as the case may be. 
‘‘(b) For such time as may be necessary, not to ex-
ceed six months after the expiration of a specific statutory 
authorization for the use of United States forces, military 
force may be used for defensive purposes only as necessary 
to end the deployment or engagement of United States 
forces pursuant to this joint resolution.’’. 
SEC. 109. LAW OF ARMED CONFLICT, INTERNATIONAL HU-
MANITARIAN LAW, AND THE TREATY OBLIGA-
TIONS OF THE UNITED STATES. 
The War Powers Resolution (50 U.S.C. 1541 et seq.), 
as amended by this Act, is further amended by inserting 
after section 8 the following: 
‘‘LAW OF ARMED CONFLICT, INTERNATIONAL HUMANI-
TARIAN LAW, AND THE TREATY OBLIGATIONS OF 
THE UNITED STATES 
‘‘SEC. 9. United States forces may not be introduced 
into hostilities or into situations where there is a serious 
risk of hostilities in a manner inconsistent with the Law 
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of Armed Conflict, international humanitarian law, or the 
treaty obligations of the United States.’’. 
SEC. 110. DEFINITIONS. 
(a) IN GENERAL.—The War Powers Resolution (50 
U.S.C. 1541 et seq.), as amended by this Act, is further 
amended by inserting after section 9 the following: 
‘‘DEFINITIONS 
‘‘SEC. 10. In this joint resolution: 
‘‘(1) The term ‘appropriate congressional com-
mittees and leadership’ means— 
‘‘(A) in the House of Representatives— 
‘‘(i) the Committee on Foreign Af-
fairs, the Committee on Armed Services, 
the Permanent Select Committee on Intel-
ligence, and the Committee on Appropria-
tions; and 
‘‘(ii) the Speaker, the majority leader, 
and the minority leader; and 
‘‘(B) in the Senate— 
‘‘(i) the Committee on Foreign Rela-
tions, the Committee on Armed Services, 
the Select Committee on Intelligence, and 
the Committee on Appropriations; and 
‘‘(ii) the majority leader and the mi-
nority leader. 
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‘‘(2) The term ‘hostilities’ means any situation 
involving any continuous or intermittent use of le-
thal or potentially lethal force by or against United 
States forces (or, for purposes of paragraph (3)(B), 
foreign regular or irregular forces) carried out 
through land, sea, air, space, or cyber operations, or 
through any other domain, including whether or not 
such force is deployed remotely. 
‘‘(3) The term ‘introduce’ means— 
‘‘(A) with respect to hostilities or a situa-
tion in which there is a serious risk of hos-
tilities, any commitment, engagement, or other 
involvement of United States forces (or, for 
purposes of paragraph (3)(B), of foreign reg-
ular or irregular forces), whether or not consti-
tuting self-defense measures by United States 
forces, in response to an attack or imminent 
threat of attack outside the United States, and 
whether or not United States forces are present 
or operating remotely launched, piloted, or di-
rected attacks; or 
‘‘(B) the use, including assigning or tem-
porary detailing, of members of United States 
forces to— 
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‘‘(i) command, advise, assist, accom-
pany, coordinate, or train any foreign reg-
ular or irregular forces engaged in hos-
tilities or in a situation in which there is 
a serious risk that those foreign forces be-
come engaged in hostilities; or 
‘‘(ii) provide any other type of support 
that would render the United States a 
party to a conflict in which it is not al-
ready engaged or be more likely than not 
to do so. 
‘‘(4) The term ‘serious risk of hostilities’ means 
any situation in which there exists a substantial pos-
sibility that United States forces (or, for purposes of 
paragraph (3)(B), foreign regular or irregular 
forces) will become engaged in hostilities, irrespec-
tive of any belief that the presence of such forces 
will deter the onset of hostilities. 
‘‘(5) The term ‘specific statutory authorization’ 
means any joint resolution introduced after the date 
of the enactment of the War Powers Resolution 
Modernization and Accountability Act and enacted 
into law to authorize the introduction of United 
States forces into hostilities or into situations where 
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there is a serious risk of hostilities that sets forth, 
at a minimum, the following: 
‘‘(A) A clearly defined mission and oper-
ational objectives, the identity of all specific en-
tity or entities against which force is author-
ized, and the foreign country or countries in 
which the hostilities by such forces are author-
ized. 
‘‘(B) A requirement the President seek 
from the Congress a subsequent specific statu-
tory authorization, in accordance with the re-
quirements of section 4, for any expansion of 
the mission to include new operational objec-
tives, additional enemy forces, or new countries 
in which such forces are operating, in each case 
to the extent not specifically identified in the 
previous authorization. 
‘‘(C) A termination of the authorization for 
the use of such forces within two years absent 
the enactment of a subsequent specific statu-
tory authorization for such use of the United 
States forces. 
‘‘(6) The term ‘substantially enlarge’ means, for 
any 30-day period, an increase in the overall number 
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of United States forces, including temporary duty or 
rotational forces, that is the lesser of— 
‘‘(A) an increase of 25 percent or more of 
the number of such forces; or 
‘‘(B) an increase of 1,000 or more of the 
number of such forces. 
‘‘(7) The term ‘train’ or ‘training’ has the 
meaning given the term ‘military education and 
training’ in section 644 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2403). 
‘‘(8) The term ‘United States forces’ means any 
individuals who are employed by, or under contract 
to, or under the direction of, any department or 
agency of the United States Government who are or 
may be— 
‘‘(A) deployed and equipped for combat; or 
‘‘(B) engaged in the use of lethal or poten-
tially lethal force carried out through land, sea, 
air, space, or cyber operations, or through any 
other domain’’. 
(b) USE OF TERM ‘‘FORCES’’.—The War Powers 
Resolution (50 U.S.C. 1541 et seq.), as amended by this 
Act, is further amended— 
(1) by striking ‘‘Armed Forces’’ each place it 
appears and inserting ‘‘forces’’; and 
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(2) by striking ‘‘armed forces’’ each place it ap-
pears and inserting ‘‘forces’’. 
TITLE II—ARMS EXPORT 
REFORM 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Arms Export Control 
Reform Act’’. 
SEC. 202. CONGRESSIONAL REVIEW AND APPROVAL OF 
CERTAIN 
SALES, 
EXPORTS, 
LEASES, 
AND 
LOANS OF DEFENSE ARTICLES AND SERV-
ICES. 
(a) IN GENERAL.—Section 36 of the Arms Export 
Control Act (22 U.S.C. 2776) is amended— 
(1) by redesignating subsections (e), (f), (g), 
(h), and (i) as subsections (f), (g), (h), (i), and (j), 
respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) CONGRESSIONAL REVIEW AND APPROVAL OF 
CERTAIN SALES, EXPORTS, LEASES, AND LOANS OF DE-
FENSE ARTICLES AND SERVICES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3) and subject to paragraph (4)— 
‘‘(A) no letter of offer to sell any defense 
articles or services described in paragraph (2) 
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may be issued under this Act with respect to a 
proposed sale to a foreign country or inter-
national organization unless— 
‘‘(i) the President transmits to Con-
gress a numbered certification with respect 
to the letter of offer containing the infor-
mation described in paragraphs (1) and 
(4) of subsection (b); and 
‘‘(ii) there is enacted into law a joint 
resolution of approval under paragraph (5) 
with respect to the letter of offer; 
‘‘(B) no license may be issued under this 
Act (other than with regard to a sale under sec-
tion 21 or 22 of this Act), including under sec-
tion 38 of this Act, for the export of any de-
fense articles or services described in paragraph 
(2) with respect to a proposed export to a for-
eign country or international organization un-
less— 
‘‘(i) the President transmits to Con-
gress an unclassified numbered certifi-
cation with respect to the license con-
taining the information described in sub-
section (c)(1); and 
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‘‘(C) Tanks, armored vehicles, and related 
munitions of $14,000,000 or more. 
‘‘(D) Fixed and rotary, manned or un-
manned aircraft of $14,000,000 or more. 
‘‘(E) Services or training of $14,000,000 
or more. 
‘‘(3) EXCEPTION.—The requirements of sub-
paragraphs (A)(ii), (B)(ii), and (C)(ii) of paragraph 
(1) shall not apply with respect to a proposed sale, 
export, lease, or loan of defense articles or services 
to the North Atlantic Treaty Organization (NATO), 
any member country of NATO, Australia, Japan, 
the Republic of Korea, Israel, New Zealand, or Tai-
wan if a joint resolution of approval under para-
graph (5) with respect to the sale, export, lease, or 
loan is not introduced in either House of Congress 
during the 15-day period beginning on the date on 
which Congress receives a numbered certification 
under subparagraph (A)(i) with respect to the sale, 
an unclassified numbered certification under sub-
paragraph (B)(i) with respect to the export, or a 
written certification under subparagraph (C)(i) with 
respect to the lease or loan. 
‘‘(4) EMERGENCY PROCEDURES.— 
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‘‘(A) IN GENERAL.—The requirement that 
a joint resolution of approval be enacted into 
law for purposes of subparagraph (A)(ii), 
(B)(ii), or (C)(ii) of paragraph (1) shall not 
apply with respect to a proposed sale, export, 
lease, or loan of defense articles or services if 
the President— 
‘‘(i) subject to subparagraph (B) and 
except as provided in subparagraph (C), 
determines that an emergency exists that 
requires the sale, export, lease, or loan to 
be in the national security interest of the 
United States; and 
‘‘(ii) submits to the Committee on 
Foreign Affairs of the House of Represent-
atives and the Committee on Foreign Rela-
tions of the Senate such determination and 
justification for the determination, and 
which also includes a specific and detailed 
description of how the waiver of the con-
gressional review requirements directly re-
sponds to or addresses the circumstances 
of the emergency cited in the determina-
tion. 
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‘‘(B) The President may make a deter-
mination under subparagraph (A)(i) only if the 
President certifies to the Committee on Foreign 
Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate 
that the defense articles or services to be sold, 
exported, leased, or loaned will be delivered not 
later than 60 days after the date of such certifi-
cation. 
‘‘(C) The President may not make a deter-
mination under subparagraph (A)(i) in the case 
of a proposed sale, export, lease, or loan of de-
fense articles or services that include manufac-
turing or co-production of the articles or serv-
ices outside the United States. 
‘‘(5) REVIEW BY CONGRESS.— 
‘‘(A) JOINT
RESOLUTION
OF
APPROVAL 
DEFINED.—In this paragraph, the term ‘joint 
resolution of approval’ means a joint resolution 
that contains only the following provisions after 
its resolving clause: 
‘‘(i) In the case of a letter of offer de-
scribed in paragraph (1)(A), a provision 
approving the issuance of the letter of 
offer. 
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‘‘(ii) In the case of a license described 
in paragraph (1)(B), a provision approving 
the issuance of the license. 
‘‘(iii) In the case of a lease or loan 
agreement described in paragraph (1)(C), 
a provision approving the agreement. 
‘‘(B) PROCEDURES
FOR
CONSIDERATION 
OF JOINT RESOLUTIONS OF APPROVAL.— 
‘‘(i) INTRODUCTION.—After the Presi-
dent transmits to Congress a numbered 
certification with respect to a letter of 
offer described in paragraph (1)(A)(i), an 
unclassified numbered certification with re-
spect to a license described in paragraph 
(1)(B)(i), or a written certification with re-
spect to the agreement described in para-
graph (1)(C)(i), a joint resolution of ap-
proval may be introduced in either House 
of Congress by any member of that House. 
‘‘(ii) COMMITTEE REFERRAL.—A joint 
resolution of approval shall be referred in 
each House of Congress to the Committee 
on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the 
House of Representatives. 
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‘‘(iii) CONSIDERATION IN SENATE.— 
In the Senate, the following shall apply: 
‘‘(I) 
REPORTING
AND
DIS-
CHARGE.—If the committee to which 
a joint resolution of approval has been 
referred has not reported it at the end 
of 10 session days after its introduc-
tion, that committee shall be auto-
matically discharged from further con-
sideration of the resolution and it 
shall be placed on the calendar. 
‘‘(II) PROCEEDING TO CONSIDER-
ATION.—Notwithstanding Rule XXII 
of the Standing Rules of the Senate, 
when the committee to which a joint 
resolution of approval is referred has 
reported the resolution, or when that 
committee is discharged under sub-
clause (I) from further consideration 
of the resolution, it is at any time 
thereafter in order (even though a 
previous motion to the same effect has 
been disagreed to) for a motion to 
proceed to the consideration of the 
joint resolution, and all points of 
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order against the joint resolution (and 
against consideration of the joint reso-
lution) are waived. The motion to pro-
ceed is subject to 4 hours of debate 
divided equally between those favoring 
and those opposing the joint resolu-
tion of approval. The motion is not 
subject to amendment, or to a motion 
to postpone, or to a motion to proceed 
to the consideration of other business. 
‘‘(III) FLOOR CONSIDERATION.— 
A joint resolution of approval shall be 
subject to 10 hours of consideration, 
to be divided evenly between the pro-
ponents and opponents of the resolu-
tion. 
‘‘(IV) 
AMENDMENTS.—No 
amendments shall be in order with re-
spect to a joint resolution of approval. 
‘‘(V) MOTION
TO
RECONSIDER 
FINAL VOTE.—A motion to reconsider 
a vote on passage of a joint resolution 
of approval shall not be in order. 
‘‘(VI) 
APPEALS.—Points 
of 
order, including questions of rel-
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