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

  SA 4266. 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 REPORTING REQUIREMENTS FOR THE 
                   INTRODUCTION OF ARMED FORCES INTO HOSTILITIES.

       Section 4 of the War Powers Resolution (50 U.S.C. 1543) is 
     amended--
       (1) in the matter following subsection (a)(3) by striking 
     subparagraphs (A) through (C) and inserting the following:
       ``(A) 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;
       ``(B) the estimated cost of such action;
       ``(C) the specific legislative and constitutional authority 
     for such action;
       ``(D) any international law implication related to such 
     action if applicable;
       ``(E) the estimated scope and duration of United States 
     Armed Forces' participation in hostilities, including an 
     accounting of the personnel and weapons to be deployed;
       ``(F) the foreign country (or countries) in which the 
     operations or deployment of United States Armed Forces are to 
     occur or are ongoing;
       ``(G) a description of their mission and the mission 
     objectives that would indicate the mission is complete;
       ``(H) any foreign partner force or multilateral 
     organization that may be involved in the operations;
       ``(I) the name of the specific foreign country (or 
     countries) or organized armed group (or groups) against which 
     the use of force is authorized;
       ``(J) the risk to United States Armed Forces or other 
     United States persons or property involved in the operations; 
     and
       ``(K) any other information as may be required to fully 
     inform Congress of such action.''; and
       (2) by adding at the end the following new subsection:
       ``(d) In this joint resolution, the term `hostilities' 
     means any situation involving any use of lethal or 
     potentially lethal force by or against United States Armed 
     Forces (or for purposes of assigning or detailing of members 
     of United States Armed Forces to command, advise, assist, 
     accompany, coordinate, or provide logistical or material 
     support or training for any foreign regular or irregular 
     military 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. 
     3093) if such action is intended to have exclusively non-
     lethal effects.''.
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