S.Amdt. 4268

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

[[Page S7753]]

(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 _______