[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.
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