[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7479-S7480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3972. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be

[[Page S7480]]

proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of title XII, insert the following:

                Subtitle H--War Powers Resolution Reform

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``War Powers Reform 
     Resolution''.

     SEC. 1292. JOINT RESOLUTIONS AND BILLS AUTHORIZING, 
                   NARROWING, OR REPEALING USE OF MILITARY FORCE.

       The War Powers Resolution (50 U.S.C. 1541 et seq.) is 
     amended by inserting after section 5 the following new 
     section:


``JOINT RESOLUTIONS AND BILLS AUTHORIZING, NARROWING, OR REPEALING USE 
                           OF MILITARY FORCE

       ``Sec. 5A. (a) A joint resolution or bill introduced after 
     the date of the enactment of this section pursuant to section 
     5(b) for a purpose specified in that section shall be 
     eligible for expedited consideration in accordance with 
     section 6(a) if the joint resolution or bill sets forth only 
     the following:
       ``(1) The specific strategic objective of the military 
     force authorized for use by the joint resolution or bill.
       ``(2) A specification that the military force authorized 
     for use by the joint resolution or bill is necessary, 
     appropriate, and proportional to the purpose of the joint 
     resolution or bill.
       ``(3) A specific naming of the nations, organizations, or 
     forces engaged in active hostilities against the United 
     States, its territories or possessions, or United States 
     Armed Forces against which use of military force is 
     authorized by the joint resolution or bill, which may not 
     vest in or delegate to any official in the Executive Branch 
     authority to specify any other nation, organization, or force 
     against which use of military force is authorized by the 
     joint resolution or bill.
       ``(4) A specification of the country or countries, or 
     subdivision of a country or subdivisions of countries, in 
     which military force is authorized for use by the joint 
     resolution or bill, which may not vest in or delegate to any 
     official in the Executive Branch authority to specify any 
     other country or subdivision of a country in which use of 
     military force is authorized by the joint resolution or bill.
       ``(5) A specification to a date certain of the duration of 
     the authorization for use of military force in the joint 
     resolution or bill, which may not exceed two years from the 
     date of the enactment of the joint resolution or bill.
       ``(b) A joint resolution or bill introduced after the date 
     of the enactment of this section to narrow a Joint Resolution 
     or Act authorizing use of military force that is in effect on 
     the date of the introduction of the joint resolution or bill 
     shall be eligible for expedited consideration in accordance 
     with section 6(a) if the joint resolution or bill sets forth 
     only a narrowing or other limitation of the Joint Resolution 
     or Act as follows:
       ``(1) To narrow the specific strategic objective of the 
     military force authorized by the Joint Resolution or Act.
       ``(2) To strike one or more named nations, organizations, 
     or forces against which use of military force is authorized 
     by the Joint Resolution or Act, and to specify a date certain 
     for the effective date of such strike.
       ``(3) To strike one or more countries or subdivisions of a 
     country in which military force is authorized for use by the 
     Joint Resolution or Act, and to specify a date certain for 
     the effective date of such strike.
       ``(4) To reduce the duration of the authorization for use 
     of military force in the Joint Resolution or Act to an 
     earlier date certain specified in the joint resolution or 
     bill.
       ``(c) A joint resolution or bill introduced after the date 
     of the enactment of this section only to repeal one or more 
     Joint Resolutions or Acts authorizing use of military force 
     that is or are in effect on the date of the introduction of 
     the joint resolution or bill shall be eligible for expedited 
     consideration in accordance with section 6(a).
       ``(d) A joint resolution or bill introduced as described in 
     subsection (a) or (b) may also repeal any Joint Resolution or 
     Act authorizing use of military force that is in effect on 
     the date of the introduction of the joint resolution or bill 
     without losing eligibility for expedited consideration in 
     accordance with section 6(a) as otherwise provided in such 
     subsection.''.

     SEC. 1293. EXPEDITED PROCEDURES FOR JOINT RESOLUTIONS AND 
                   BILLS AUTHORIZING, LIMITING, OR REPEALING USE 
                   OF MILITARY FORCE.

       Section 6(a) of the War Powers Resolution (50 U.S.C. 
     1545(a)) is amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) in paragraph (1), as designated by paragraph (1) of 
     this section--
       (A) by striking ``introduced pursuant to section 5(b) at 
     least thirty calendar days before the expiration of the 
     sixty-day period specified in such section'' and inserting 
     ``introduced pursuant to section 5(b) for purposes of section 
     5A(a) at least thirty calendar days before the expiration of 
     the sixty-day period specified in section 5(b)''; and
       (B) by striking ``sixty-day period specified in such 
     section'' and inserting ``sixty-day period specified in 
     section 5(b)''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) Any joint resolution or bill introduced pursuant 
     to subsection (b) or (c) of section 5A shall be referred to 
     the committee provided for in paragraph (1), and such 
     committee shall report one such joint resolution or bill, 
     together with its recommendations, not later than twenty-four 
     calendar days before the expiration of the thirty-day period 
     beginning on the date of the introduction of such joint 
     resolution or bill, unless such House shall otherwise 
     determine by the yeas and nays.
       ``(B) In the case of any joint resolution or bill described 
     in subparagraph (A), any reference in this section to the 
     sixty-day period specified in section 5(b) shall be deemed to 
     refer instead to the thirty-day period beginning on the date 
     of the introduction of such joint resolution or bill.''.

     SEC. 1294. LIMITATION ON USE OF FUNDS IN CONTRAVENTION OF THE 
                   WAR POWERS RESOLUTION OR OTHER APPLICABLE 
                   RESOLUTIONS AUTHORIZING USE OF MILITARY FORCE.

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


                      ``LIMITATION ON USE OF FUNDS

       ``Sec. 9. Appropriated funds may not be obligated or 
     expended for the introduction or use of United States Armed 
     Forces into or in hostilities or situations where imminent 
     involvement in hostilities is clearly indicated by the 
     circumstances in contravention of the provisions of this 
     joint resolution, or another Joint Resolution or Act 
     authorizing such introduction or use (if applicable).''.

     SEC. 1295. JUSTIFICATION IN REQUESTS FOR AUTHORIZATIONS FOR 
                   USE OF MILITARY FORCE AND IN REPORTS ON USE OF 
                   MILITARY FORCE.

       Section 4 of the War Powers Resolution (50 U.S.C. 1543) is 
     amended by adding at the end the following new subsection:
       ``(d)(1) If in submitting a report under subsection (a) or 
     in connection with an introduction of the United States Armed 
     Forces as described in that subsection the President also 
     submits to Congress a request for an authorization for use of 
     the United States Armed Forces in the hostilities or 
     situation concerned, the President shall include with such 
     request a comprehensive justification for such request, 
     including a justification for--
       ``(A) the nations, organizations, and forces covered by 
     such request;
       ``(B) the countries and subdivisions of countries covered 
     by such request; and
       ``(C) the duration of the request.
       ``(2) Each report under subsection (c) on the status of 
     hostilities or a situation shall include a current 
     comprehensive justification for use of the United States 
     Armed Forces in the hostilities or situation, including a 
     justification for--
       ``(A) the continuing use of the United States Armed Forces 
     against the particular nations, organizations, and forces 
     concerned;
       ``(B) the continuing use of the United States Armed Forces 
     in the particular countries and subdivisions of countries 
     concerned; and
       ``(C) the currently anticipated duration of the use of the 
     United States Armed Forces in the hostilities or situation.
       ``(3)(A) Except as provided in subparagraph (B), any 
     justification submitted pursuant to this subsection shall be 
     in unclassified form to the greatest extent practicable, 
     including in the specification of the countries or 
     subdivisions of countries concerned and in the duration or 
     anticipated duration concerned, but may include a classified 
     annex (and then only to the extent required to protect the 
     national security interests of the United States).
       ``(B) A request described in paragraph (1) shall list or 
     specify the names of the nations, organizations, and forces 
     covered by such request in unclassified form.''.

     SEC. 1296. REPEAL OF AUTHORIZATIONS FOR USE OF MILITARY 
                   FORCE.

       (a) Authorization for Use of Military Force.--Effective on 
     the date that is one year after the date of the enactment of 
     this Act, the Authorization for Use of Military Force (Public 
     Law 107-40; 50 U.S.C. 1541 note) is repealed.
       (b) Authorization for Use of Military Force Against Iraq 
     Resolution of 2002.--Effective on the date that is one year 
     after the date of the enactment of this Act, the 
     Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public law 107-243; 50 U.S.C. 1541 note) 
     is repealed.
                                 ______