[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[Senate]
[Pages S7751-S7753]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4268. Mr. MURPHY (for himself, Mr. Lee, and Mr. Sanders) 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 title X, add the following:

            Subtitle H--National Security Powers Act of 2021

     SEC. 1071. SHORT TITLE.

       This subtitle may be cited as the ``National Security 
     Powers Act of 2021''.

                       PART I--WAR POWERS REFORM

     SEC. 1073. DEFINITIONS.

       In this part:
       (1) Country.--The term ``country'', when used in a 
     geographic sense, includes territories (whether or not 
     disputed) and possessions, territorial waters, and airspace.
       (2) Hostilities.--The term ``hostilities'' means any 
     situation involving any use of lethal or potentially lethal 
     force by or against United States forces (or, for purposes of 
     paragraph 4(B), by or against foreign regular or irregular 
     forces), irrespective of the domain, whether such force is 
     deployed remotely, or the intermittency thereof. The term 
     does not include activities undertaken pursuant to section 
     503 of the National Security Act of 1947 (50 U.S.C. 5093) if 
     such action is intended to have exclusively non-lethal 
     effects.
       (3) Hostilities report.--The term ``hostilities report'' 
     means a written report that sets forth the following 
     information:
       (A) The circumstances necessitating the introduction of 
     United States forces into hostilities or a situation where 
     there is a serious risk thereof, or retaining them in a 
     location where hostilities or the serious risk thereof has 
     developed.
       (B) The estimated cost of such operations.
       (C) The specific legislative and constitutional authority 
     for such action.
       (D) Any international law implications related to such 
     action if applicable.
       (E) The estimated scope and duration of the United States 
     forces' participation in hostilities, including an accounting 
     of the personnel and weapons to be deployed.
       (F) The country or countries in which the operations or 
     deployment of United States forces are to occur or are 
     ongoing.
       (G) A description of their mission and the mission 
     objectives that would indicate the mission is complete.

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       (H) Any foreign partner forces or multilateral 
     organizations that may be involved in the operations.
       (I) The name of the specific country (or countries) or 
     organized armed group (or groups) against which the use of 
     force is authorized.
       (J) The risk to United States forces or other United States 
     persons or property involved in the operations.
       (K) Any other information as may be required to fully 
     inform Congress.
       (4) Introduce.--The term ``introduce'' means--
       (A) with respect to hostilities or a situation where there 
     is a serious risk of hostilities, any commitment, engagement, 
     or other involvement of United States forces, whether or not 
     constituting self-defense measures by United States forces in 
     response to an attack or serious risk thereof in any foreign 
     country (including its airspace, cyberspace, or territorial 
     waters) or otherwise outside the United States and whether or 
     not United States forces are present or operating remotely 
     launched, piloted, or directed attacks; or
       (B) the assigning or detailing of members of United States 
     forces to command, advise, assist, accompany, coordinate, or 
     provide logistical or material support or training for any 
     foreign regular or irregular military forces if--
       (i) those foreign forces are involved in hostilities; and
       (ii) such activities by United States forces make the 
     United States a party to a conflict or are more likely than 
     not to do so.
       (5) Serious risk of hostilities.--The term ``serious risk 
     of hostilities'' means any situation where it is more likely 
     than not that the United States forces will become engaged in 
     hostilities, irrespective of whether the primary purpose of 
     the mission is training or assistance.
       (6) Specific statutory authorization.--The term ``specific 
     statutory authorization'' means any joint resolution or bill 
     introduced after the date of the enactment of this Act and 
     enacted into law to authorize the use of military force that 
     includes, at a minimum, the following elements:
       (A) A clearly defined mission and operational objectives 
     and the identities of all individual countries or organized 
     armed groups against which hostilities by the United States 
     forces are authorized.
       (B) A requirement the President seek from the Congress a 
     subsequent specific statutory authorization for any expansion 
     of the mission to include new operational objectives, 
     additional countries, or organized armed groups.
       (C) A termination of the authorization for such use of 
     United States forces within two years absent the enactment of 
     a subsequent specific statutory authorization for such use of 
     United States forces.
       (D) In cases where the use of military force in a 
     particular situation is being reauthorized, an estimate and 
     analysis prepared by the Congressional Budget Office of costs 
     to United States taxpayers to date of operations conducted 
     pursuant to the prior authorization or authorizations for 
     that situation, and of prospective costs to United States 
     taxpayers for operations to be conducted pursuant to the 
     proposed authorization.
       (7) Substantially enlarge.--The term ``substantially 
     enlarge'' means, for any two-year period, an increase in the 
     number of United States forces that causes the total number 
     of forces in a foreign country to exceed the lowest number of 
     forces in that country during that period by 25 percent or 
     more, or any increase of 1,000 or more forces. Temporary duty 
     and rotational forces shall be included in the number of 
     United States forces for the purposes of this part.
       (8) Training.--When used with respect to any foreign 
     regular or irregular forces, the term ``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), but does not include training that is focused entirely 
     on observance of and respect for the law of armed conflict, 
     human rights and fundamental freedoms, the rule of law, and 
     civilian control of the military.
       (9) United states forces.--The term ``United States 
     forces'' means any individuals employed by, or under contract 
     to, or under the direction of, any department or agency of 
     the United States Government who are--
       (A) deployed military or paramilitary personnel; or
       (B) military or paramilitary personnel who use lethal or 
     potentially lethal force in the cyberspace domain.

     SEC. 1074. POLICY.

       The constitutional authority of the President as Commander-
     in-Chief to introduce United States Armed forces into 
     hostilities or into situations where there is a serious risk 
     of hostilities shall be exercised only pursuant to--
       (1) a declaration of war;
       (2) specific statutory authorization; or
       (3) when necessary to repel a sudden attack, or the 
     concrete, specific, and immediate threat of such a sudden 
     attack upon the United States, its territories, or 
     possessions, its armed forces, or other United States 
     citizens overseas.

     SEC. 1075. SUNSET OF EXISTING AUTHORIZATIONS FOR THE USE OF 
                   MILITARY FORCE.

       Effective 180 days after the date of the enactment of this 
     Act, the following laws are hereby repealed:
       (1) The Authorization for Use of Military Force Against 
     Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 
     50 U.S.C. 1541 note).
       (2) The Authorization for Use of Military Force (Public Law 
     107-40; 50 U.S.C. 1541 note).
       (3) The Authorization for Use of Military Force Against 
     Iraq (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note).
       (4) The 1957 Authorization for Use of Military Force in the 
     Middle East (Public Law 87-5).

     SEC. 1076. REPEAL OF THE WAR POWERS RESOLUTION.

       The War Powers Resolution (Public Law 93-148; 50 U.S.C. 
     1541 et seq.) is hereby repealed.

     SEC. 1077. NOTIFICATION.

       The President shall notify Congress, in writing, within 48 
     hours after United States forces enter the territory, 
     airspace, or waters of a foreign country--
       (1) while equipped for combat, except for deployments which 
     relate solely to transportation, supply, replacement, or 
     training of such United States forces; or
       (2) in numbers that substantially enlarge the number of 
     United States forces already located in a foreign nation.

     SEC. 1078. REQUIREMENT FOR AUTHORIZATION.

       (a) Prior Authorization for Certain Activities Relating to 
     Hostilities.--Except as provided in subsection (b), before 
     introducing United States forces into hostilities or a 
     situation where there is a serious risk of hostilities, the 
     President shall provide a hostilities report to Congress and 
     obtain a specific statutory authorization for such 
     introduction. The President shall provide continuing 
     hostilities reports to Congress 30 days after the initial 
     report and every 30 days thereafter, in accordance with 
     subsection (d).
       (b) Authorization for Certain Activities Relating to 
     Hostilities.--In cases where the President introduces United 
     States forces 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, the President 
     shall--
       (1) within 48 hours of ordering the introduction of United 
     States forces into hostilities or a situation where there is 
     a serious risk of hostilities, inform Congress of the 
     President's decision, describe the action taken, the 
     justification for proceeding without prior authorization, and 
     certifying either that hostilities have concluded or that 
     they are continuing; and
       (2) not later than 7 calendar days after ordering the 
     introduction of United States forces into hostilities or a 
     situation where there is a serious risk of hostilities, 
     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--
       (A) has withdrawn, removed, and otherwise ceased the use of 
     United States forces from the situation that triggered this 
     requirement; and
       (B) does not intend to reintroduce them.
       (c) Termination of Activities Related to Hostilities.--If 
     Congress does not enact a specific statutory authorization 
     for United States forces to engage in hostilities in response 
     to a request in accordance with subsection (b) within 20 days 
     after the introduction of United States 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 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.
       (d) Continuing Hostilities Reports.--If the President 
     obtains specific statutory authorization, the President shall 
     continue to provide hostilities reports to Congress on the 
     United States' forces' engagement or possible engagement in 
     hostilities whenever there is a material change in the 
     information previously reported under this section and in no 
     event less frequently than every 30 days from the delivery of 
     the first hostilities report.
       (e) Form.--Any report submitted pursuant to subsection (a), 
     (b), or (d) shall be submitted to Congress in unclassified 
     form without any designation relating to dissemination 
     control and may include a classified annex only to the extent 
     required to protect the national security of the United 
     States.
       (f) Transmittal.--Each report submitted pursuant to 
     subsection (a), (b), or (d) shall be transmitted to each 
     house of Congress on the same calendar day. The report shall 
     be--
       (1) referred to--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and

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       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (2) made available to any member of Congress upon request.

     SEC. 1079. EXPEDITED PROCEDURES FOR CONGRESSIONAL ACTION.

       (a) Consideration by Congress.--Any resolution of 
     disapproval described in subsection (b) may be considered by 
     Congress using the expedited procedures set forth in this 
     section.
       (b) Resolution of Disapproval.--For purposes of this 
     section, the term ``resolution'' means only a joint 
     resolution of the two Houses of Congress--
       (1) the title of which is as follows: ``A joint resolution 
     disapproving of the use of the United States Armed Forces in 
     the prosecution of certain conflict.'';
       (2) which does not have a preamble; and
       (3) the sole matter after the resolving clause of which is 
     as follows: ``That Congress does not approve the use of 
     military force in the prosecution of _______