Sec. 104. Specific statutory authorization required
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The War Powers Resolution ( 50 U.S.C. 1541 et seq. ) is amended— by striking sections 4, 5, 6, and 7; by redesignating sections 8, 9, and 10 as sections 6, 11, and 12, respectively; and by inserting after section 3 the following: In the absence of a declaration of war, and except as provided in subsection (b), United States forces may be introduced into hostilities or into situations where there is a serious risk of hostilities only if, before introducing such forces— the President submits to the appropriate congressional committees and leadership an initial report in accordance with the requirements of subsection (d)(1) for the use of such forces; and the Congress enacts a specific statutory authorization for the use of such forces.
In the absence of a declaration of war, in any case in which United States forces are introduced into hostilities or into situations where there is a serious risk of hostilities— when necessary to repel a sudden attack, or respond to a concrete, specific, and immediate threat of such a sudden attack, upon the territory, airspace, or waters of the United States, United States forces, or United States citizens; and the time required to obtain prior specific statutory authorization for the use of such forces as required under subsection
(a)would prevent an effective defense against the attack or threat of attack, the President shall, not later than 48 hours after ordering the use of such forces, inform the appropriate congressional committees and leadership of the President’s decision and describe the use of such forces, the justification for the use of such forces without prior specific statutory authorization, and certify whether hostilities have concluded or are continuing. Except as provided in subparagraph (B), not later than seven calendar days after ordering the use of United States forces as described in paragraph (1), the President shall submit to the appropriate congressional committees and leadership— a request for specific statutory authorization for the use of such forces; and a report that meets the requirements of subsection (d)(1)(B). The requirement to submit a request for specific statutory authorization for the use of United States forces under subparagraph
(A)shall not apply in any case in which the President— has withdrawn, removed, or otherwise ceased the use of such forces; and has certified to the appropriate congressional committees and leadership that the President does not anticipate introducing United States forces into hostilities or into situations where there is a serious risk of hostilities for a substantially similar purpose. If the Congress does not enact a specific statutory authorization for the use of United States forces under subsection
(b)within 20 days of the introduction of such forces into hostilities or a situation where there is a serious risk hostilities, the President shall withdraw, remove, or otherwise cease the use of such forces. The 20-day period described in paragraph
(1)shall be extended for not more than an additional 10 days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of such forces requires the continued use of such forces for the sole purpose of bringing about the safe removal of such forces. If the Congress does enact a specific statutory authorization for the use of United States forces under subsection
(a)or (b), the President shall submit to the appropriate congressional committees and leadership a report in writing on the use of such forces— not less frequently than every 30 days; and as new information becomes available or whenever there is a material change in the information previously reported under this paragraph. The report required by subparagraph
(A)shall, with respect to each use of United States forces, include the following: The circumstances necessitating the use of such forces. An identification of enemy and opposing forces. The specific United States constitutional and statutory authorities and international law authorities for the use of such forces with respect to each enemy and opposing force identified pursuant to clause (ii), including an explanation of whether the use of such forces is consistent with existing United States international legal obligations. The total cost of the use of such forces since the introduction of such forces into hostilities or into situations where there is a serious risk of hostilities. The estimated scope and duration of the use of such forces, including the personnel and weapons to be deployed. The country or countries in which such forces are deployed. A description of— the mission of such forces; the outcomes or benchmarks that would indicate the mission is complete; and the length of time it is expected to take to meet the objectives of the mission. An identification of United States allied or partner forces or multilateral organizations that are or may be involved in the deployment. The risk to United States persons or property involved in the deployment. Any other information as may be required to fully inform Congress. The report required by subparagraph (A)— shall be submitted 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. If the Congress does enact a specific statutory authorization for the use of United States forces under subsection
(a)or (b), the Director of the Congressional Budget Office shall submit to the appropriate congressional committees and leadership— a report in writing that contains an analysis and estimate of the costs of such use of forces not less frequently than every 180 days until termination of the specific statutory authorization; and a report in writing that contains a final analysis of the costs of such use of forces not later than 30 days after the date of termination of the specific statutory authorization. In the event hostilities in which United States forces are engaged extend to a country, organization, or enemy or opposing force that is not identified in a specific statutory authorization pursuant to which United States forces are operating— such extension shall be deemed to constitute a separate introduction of United States forces into hostilities within the meaning of section 3 and this section, including with respect to the limitations and consultation, notification, and reporting requirements described in such sections; and such forces may continue to engage in such hostilities only if a new specific statutory authorization is enacted into law in accordance with subsection
(a)or (b), as applicable, with respect to such country, organization, or enemy or opposing force. Notwithstanding subsections
(a)and (b), at any time during which United States forces are engaged in hostilities without a declaration of war or pursuant to a specific statutory authorization under subsection
(a)or
(b)before the expiration of the time period specified in paragraph
(1)or
(2)of subsection (c), as applicable, such forces shall be removed by the President if the Congress enacts a joint resolution directing the President to so remove such forces. The expedited procedures described in section 5 shall apply with respect to a joint resolution described in this subsection. .
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Sec. 104
Specific statutory authorization required
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