S.Amdt. 4266

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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