[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[Senate]
[Page S7750]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4264. Mr. MURPHY (for himself and Mr. Lee) submitted an amendment 
intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be 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 subtitle G of title XII, add the following:

     SEC. 1283. AMENDMENT OF WAR POWERS RESOLUTION REGARDING 
                   AUTHORIZATION AND TERMINATION OF ACTIVITIES 
                   RELATING TO HOSTILITIES.

       (a) Authorization of Activities.--Section 4 of the War 
     Powers Resolution (50 U.S.C. 1543) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) 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 States, its territories 
     or possessions, its armed forces, or other United States 
     citizens overseas or because the concrete, specific, and 
     immediate threat of such a sudden attack, and the time 
     required to provide Congress with a briefing necessary to 
     inform a vote to obtain prior authorization from Congress 
     within 72 hours would prevent an effective defense against 
     the attack or threat of immediate attack;'';
       (B) in the matter following paragraph (3)--
       (i) by redesignating subparagraphs (A), (B), and (C), as 
     clauses (i), (ii), and (iii), respectively, and moving such 
     clauses (as so redesignated) 2 ems to the right; and
       (ii) by striking ``shall'' and inserting the following: 
     ``shall--''
       ``(A) with respect to paragraph (1)--
       ``(i) within 48 hours, inform Congress of the President's 
     decision, describe the action taken, the justification for 
     proceeding without prior authorization, and certify either 
     that hostilities have concluded or that they are continuing; 
     and
       ``(ii) not later than 7 calendar days after such 
     introduction, 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--

       ``(I) has withdrawn, removed, and otherwise ceased the use 
     of United States Armed Forces from the situation that 
     triggered this requirement; and
       ``(II) does not intend to reintroduce such forces; and

       ``(B) with respect to paragraphs (2) and (3),''; and
       (2) by adding at the end the following subsection:
       ``(d) Definition of Hostilities Report.--In this joint 
     resolution, the term `hostilities report' means a written 
     report that sets forth the following information:
       ``(1) The circumstances necessitating the introduction of 
     United States Armed Forces into hostilities or a situation 
     where there is a serious risk of hostilities, or retaining 
     them in a location where hostilities or the serious risk of 
     hostilities has developed.
       ``(2) The estimated cost of such operations.
       ``(3) The specific legislative and constitutional authority 
     for such action.
       ``(4) Any international law implication related to such 
     action if applicable.
       ``(5) The estimated scope and duration of United States 
     Armed Forces' participation in hostilities, including an 
     accounting of the personnel and weapons to be deployed.
       ``(6) The foreign country (or countries) in which the 
     operations or deployment of United States Armed Forces are to 
     occur or are ongoing.
       ``(7) A description of their mission and the mission 
     objectives that would indicate the mission is complete.
       ``(8) Any foreign partner force or multilateral 
     organization that may be involved in the operations.
       ``(9) The name of the specific foreign country (or 
     countries) or organized armed group (or groups) against which 
     the use of force is authorized.
       ``(10) The risk to United States Armed Forces or other 
     United States persons or property involved in the operations.
       ``(11) Any other information as may be required to fully 
     inform Congress.''.
       (b) Hostilities Report; Termination of Activities.--Section 
     5 of the War Powers Resolution (50 U.S.C. 1544) is amended--
       (1) in subsection (a), by striking ``report'' each place it 
     appears and inserting ``hostilities report''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) If Congress does not enact a specific statutory 
     authorization for United States Armed Forces to engage in 
     hostilities in response to a request in accordance with 
     section 4(a) within 20 days after the introduction of United 
     States Armed Forces into hostilities or a situation where 
     there is a serious risk of hostilities, the President shall 
     withdraw, remove, and otherwise cease the use of United 
     States Armed Forces. This 20-day period shall be extended for 
     not more than an additional 10 days if the President 
     determines, certifies, 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 
     hostilities.''.
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