S.Amdt. 4264

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``(I) has withdrawn, removed, and otherwise ceased the use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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