IA

104TH CONGRESS

1ST SESSION H. J. RES. 95

To amend the War Powers Resolution.

IN THE HOUSE OF REPRESENTATIVES

JUNE 16, 1995

Mr. DEFAZIO (for himself and Mr. DURBIN) introduced the following joint

resolution; which was referred to the Committee on International Relations, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of

such provisions as fall within the jurisdiction of the committee concerned

JOINT RESOLUTION

To amend the War Powers Resolution.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This joint resolution may be cited as the ‘‘War Pow5 ers Amendments of 1995’’.

6 SEC. 2. REVISION OF WAR POWERS RESOLUTION.

7 The War Powers Resolution (50 U.S.C. 1541–1548)

8 is amended by striking out all after the resolving clause

9 and inserting in lieu thereof the following:
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1 ‘‘SECTION 1. SHORT TITLE.

2 ‘‘This joint resolution may be cited as the ‘War Pow3 ers Resolution’.

4 ‘‘SEC. 2. PURPOSE; CONGRESSIONAL LEGISLATIVE AU5 THORITY.

6 ‘‘(a) PURPOSE.—It is the purpose of this joint resolu7 tion to fulfill the intent of the framers of the Constitution

8 of the United States and ensure that the collective judg9 ment of both the Congress and the President will apply

10 to—

11 ‘‘(1) the introduction of the Armed Forces into

12 hostilities or into situations where imminent involve13 ment in hostilities is clearly indicated by the cir14 cumstances,

15 ‘‘(2) the continued use of the Armed Forces in

16 hostilities or in such situations, and

17 ‘‘(3) the participation of the Armed Forces in

18 certain military operations of the United Nations.

19 ‘‘(b) CONGRESSIONAL LEGISLATIVE AUTHORITY.—

20 Among the powers granted to the Congress by the Con21 stitution are—

22 ‘‘(1) the power to declare war;

23 ‘‘(2) the power of the purse (‘No Money shall

24 be drawn from the Treasury, but in Consequence of

25 Appropriations made by Law’); and
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1 ‘‘(3) the power to make all laws necessary and

2 proper for carrying into execution not only its own

3 powers but also all other powers vested by the Con4 stitution in the Government of the United States, or

5 in any department or officer thereof.

6 ‘‘SEC. 3. EMERGENCY USES OF THE ARMED FORCES IN HOS7 TILITIES.

8 ‘‘(a) IN GENERAL.—The Armed Forces may be intro9 duced into hostilities, or situations where imminent in10 volvement in hostilities is clearly indicated by the cir11 cumstances, only as follows:

12 ‘‘(1) DECLARATION OF WAR.—Pursuant to a

13 declaration of war by the Congress.

14 ‘‘(2) SPECIFIC STATUTORY AUTHORIZATION.—

15 In accordance with a specific statutory authoriza16 tion.

17 ‘‘(3) ARMED ATTACK ON UNITED STATES.—To

18 the extent necessary—

19 ‘‘(A) to repel an armed attack upon the

20 United States;

21 ‘‘(B) to take necessary and appropriate re22 taliatory actions in the event of such an attack;

23 or

24 ‘‘(C) to forestall the direct and imminent

25 threat of such an attack.
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1 ‘‘(4) ARMED ATTACK ON THE ARMED

2 FORCES.—To the extent necessary—

3 ‘‘(A) to repel an armed attack against

4 Armed Forces located outside the United

5 States; or

6 ‘‘(B) to forestall the direct and imminent

7 threat of such an attack.

8 ‘‘(5) EVACUATION OF UNITED STATES CITI9 ZENS.—To the extent necessary to protect United

10 States citizens or nationals while evacuating them as

11 rapidly as possible from a situation, outside the

12 United States, that directly and imminently threat13 ens their lives or liberty and—

14 ‘‘(A) the threatened deprivation of life or

15 liberty is contrary to international law or is oth16 erwise illegal; and

17 ‘‘(B) in a case where the source of the

18 threat is within a foreign country, the threat is

19 supported by the government of that country or

20 the government of that country is unable or un21 willing to control the situation.

22 The President shall make every effort to terminate

23 any such threat without using the Armed Forces.

24 Before using the Armed Forces to protect United

25 States citizens or nationals being evacuated from a
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1 foreign country in accordance with this paragraph,

2 the President shall, where possible, obtain the con3 sent of the government of that country.

4 ‘‘(b) CONDITIONS ON EMERGENCY USE OF ARMED

5 FORCES.—Any use of the Armed Forces in accordance

6 with paragraph (3), (4), or (5) of subsection (a)—

7 ‘‘(1) is subject to the requirements of sections

8 4, 5, and 6; and

9 ‘‘(2) shall be limited, in terms of the Armed

10 Forces which are used and the manner in which they

11 are used, to such use as is essential in order to

12 achieve the purpose described in that paragraph.

13 ‘‘(c) FUNDING LIMITATION.—Funds appropriated or

14 otherwise made available under any law may not be obli15 gated or expended for any introduction, other than an in16 troduction described in subsection (a), of the Armed

17 Forces into hostilities or situations where imminent in18 volvement in hostilities is clearly indicated by the cir19 cumstances.

20 ‘‘SEC. 4. CONSULTATION BETWEEN THE PRESIDENT AND

21 CONGRESS.

22 ‘‘(a) REQUIREMENTS FOR CONSULTATION.—(1) The

23 President, in every possible instance, shall consult with the

24 Congress before the Armed Forces are introduced into

25 hostilities, or situations where imminent involvement in
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1 hostilities is clearly indicated by the circumstances, in ac2 cordance with paragraph (3), (4), or (5) of section 3(a).

3 After every such introduction, the President shall consult

4 regularly with the Congress until the Armed Forces are

5 no longer in hostilities or situations where imminent in6 volvement in hostilities is clearly indicated by the cir7 cumstances.

8 ‘‘(2) The President, in every possible instance, shall

9 consult with the Congress—

10 ‘‘(A) before Armed Forces are introduced into

11 the territory, airspace, or waters of a foreign country

12 while equipped for combat, except for deployments

13 which relate solely to supply, replacement, repair, or

14 training of such forces;

15 ‘‘(B) before Armed Forces are introduced into

16 the territory, airspace, or waters of a foreign country

17 in which there are already Armed Forces equipped

18 for combat if such introduction would substantially

19 enlarge the number of Armed Forces equipped for

20 combat located in that country or otherwise substan21 tially increase the military capabilities of such

22 forces; or

23 ‘‘(C) before committing Armed Forces to an op24 eration authorized by the United Nations Security
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1 Council under chapter VII of the United Nations

2 Charter.

3 ‘‘(b) EXECUTIVE–LEGISLATIVE CONSULTATIVE

4 GROUP.—The consultation required by subsection (a)

5 shall include participation by—

6 ‘‘(1) the President and those senior executive

7 branch officials designated by the President; and

8 ‘‘(2) those Members of the House of Represent9 atives designated by the Speaker of the House, and

10 those members of the Senate designated by the

11 President pro tempore of the Senate.

12 ‘‘(c) WHAT CONSULTATION REQUIRES.—In order to

13 satisfy the consultation requirement of this section, the

14 President must ask Members of Congress for their advice

15 and opinions before the decision is made to introduce the

16 Armed Forces. Such consultation requires that all infor17 mation relevant to the situation must be made available

18 to the Members of Congress being consulted. The con19 sultation requirement of this section is not met, however,

20 if the Congress is merely informed about the situation.

21 ‘‘SEC. 5. REPORTS TO THE CONGRESS.

22 ‘‘(a) REPORTING REQUIREMENT.—The President

23 shall submit the report described in subsection (b) within

24 48 hours after the Armed Forces are introduced into hos25 tilities, or situations where imminent involvement in hos-
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1 tilities is clearly indicated by the circumstances, in accord2 ance with paragraph (3), (4), or (5) of section 3(a).

3 ‘‘(b) DESCRIPTION OF REPORT REQUIRED.—The re4 port required by subsection (a) is a written report submit5 ted by the President to the Speaker of the House of Rep6 resentatives and the President pro tempore of the Senate

7 on the same calendar day, setting forth—

8 ‘‘(1) the circumstances necessitating the intro9 duction of the Armed Forces;

10 ‘‘(2) the specific constitutional and legislative

11 authority under which such introduction took place;

12 and

13 ‘‘(3) the estimated scope and duration of the

14 hostilities or the involvement of the Armed Forces,

15 as the case may be.

16 Any such report shall state expressly that it is being sub17 mitted pursuant to this section.

18 ‘‘(c) ADDITIONAL INFORMATION.—The President

19 shall provide such other information as the Congress may

20 request in the fulfillment of its constitutional responsibil21 ities with respect to committing the Nation to war and

22 to the use of the Armed Forces abroad.

23 ‘‘(d) CONTINUING REPORTS.—Whenever the Armed

24 Forces are introduced into hostilities or situations where

25 imminent involvement in hostilities is clearly indicated by
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1 the circumstances, the President shall, so long as the

2 Armed Forces continue to be involved in those or related

3 hostilities or situations, report to the Congress periodically

4 on the status of such hostilities or situations as well as

5 on the scope and estimated duration of such hostilities or

6 situations, but in no event shall the President report to

7 the Congress less often than once every six months.

8 ‘‘SEC. 6. CONGRESSIONAL ACTION WITH RESPECT TO HOS9 TILITIES.

10 ‘‘(a) RECEIPT OF SECTION 5(a) REPORT.—Each re11 port submitted pursuant to section 5(a) shall be referred

12 to the Committee on International Relations of the House

13 of Representatives and to the Committee on Foreign Rela14 tions of the Senate for appropriate action. If, when the

15 report is transmitted, the Congress has adjourned sine die

16 or has adjourned for any period in excess of three calendar

17 days, the Speaker of the House of Representatives and

18 the President pro tempore of the Senate, if they deem it

19 advisable (or if they are petitioned by at least 30 percent

20 of the membership of their respective Houses) shall jointly

21 request the President to convene the Congress in order

22 that it may consider the report and take appropriate ac23 tion pursuant to this section.

24 ‘‘(b) REQUIREMENT FOR SPECIFIC STATUTORY AU25 THORIZATION FOR CONTINUED INVOLVEMENT.—Within
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1 60 calendar days after the Armed Forces are introduced

2 into hostilities, or situations where imminent involvement

3 in hostilities is clearly indicated by the circumstances, in

4 accordance with paragraph (3), (4), or (5) of section 3(a),

5 the President shall remove the Armed Forces from those

6 hostilities or those situations unless the Congress—

7 ‘‘(1) has declared war;

8 ‘‘(2) has enacted a joint resolution providing

9 specific authorization for such use of the Armed

10 Forces;

11 ‘‘(3) has extended by law such 60-day period; or

12 ‘‘(4) is physically unable to meet as a result of

13 an armed attack upon the United States.

14 This 60-day period shall be extended for not more than

15 an additional 30 days if the President determines and cer16 tifies to the Congress in writing that unavoidable military

17 necessity respecting the safety of the Armed Forces re18 quires the continued use of the Armed Forces in the

19 course of bringing about their prompt removal from hos20 tilities and situations where imminent involvement in hos21 tilities is clearly indicated by the circumstances.

22 ‘‘(c) FUNDING LIMITATION.—Unless one of the num23 bered paragraphs of subsection (b) applies, after the expi24 ration of the period specified in that subsection (including

25 any extension of that period in accordance with that sub-
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1 section), funds appropriated or otherwise made available

2 under any law may not be obligated or expended to con3 tinue the involvement of the Armed Forces in the hos4 tilities or situations where imminent involvement in hos5 tilities is clearly indicated by the circumstances. This sub6 section does not, however, prohibit the use of funds to re7 move the Armed Forces from hostilities or situations

8 where imminent involvement in hostilities is clearly indi9 cated by the circumstances.

10 ‘‘SEC. 7. CONGRESSIONAL EXPEDITED PROCEDURES.

11 ‘‘(a) RESOLUTIONS SUBJECT TO PROCEDURES.—As

12 used in this section, the term ‘privileged resolution’ means

13 a joint resolution—

14 ‘‘(1) that provides specific authorization for the

15 use of the Armed Forces in hostilities or situations

16 where imminent involvement is clearly indicated by

17 the circumstances, so long as that resolution con18 tains only provisions which are relevant to those hos19 tilities or situations; and

20 ‘‘(2) that is introduced after the President has

21 submitted a written request to the Congress for en22 actment of such an authorization with respect to

23 those or related hostilities or situations.
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1 ‘‘(b) PROCEDURE IN HOUSE OF REPRESENTA2 TIVES.—(1) This subsection applies to the consideration

3 of a privileged resolution in the House of Representatives.

4 ‘‘(2) A privileged resolution introduced in the House

5 of Representatives shall be referred, upon introduction, to

6 the Committee on International Relations. A privileged

7 resolution shall not be sequentially referred.

8 ‘‘(3)(A) If, at the end of 10 calendar days after the

9 introduction of a privileged resolution, the Committee on

10 International Relations has not reported that resolution,

11 that committee shall be discharged from further consider12 ation of that resolution and that resolution shall be placed

13 on the appropriate calendar of the House.

14 ‘‘(B) After a privileged resolution has been placed on

15 the appropriate calendar, no other resolution with respect

16 to the same or related hostilities or situations where immi17 nent involvement in hostilities is clearly indicated by the

18 circumstances may be reported by or be discharged from

19 any committee under this subsection while the first resolu20 tion—

21 ‘‘(i) is before the House of Representatives (in22 cluding remaining on the calendar),

23 ‘‘(ii) is before the Senate (including remaining

24 on the calendar) unless the Senate has had a vote

25 on final passage with respect to the resolution and
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1 a majority of those voting did not vote in the affirm2 ative,

3 ‘‘(iii) is before a committee of conference or

4 otherwise awaiting disposition of amendments be5 tween the Houses, or

6 ‘‘(iv) is awaiting transmittal to the President or

7 is before the President.

8 ‘‘(4)(A)(i) At any time after a privileged resolution

9 has been placed on the appropriate calendar, it is in order

10 for any Member of the House of Representatives to move

11 that the House resolve itself into the Committee of the

12 Whole House on the State of the Union for the consider13 ation of that resolution. The motion is highly privileged.

14 ‘‘(ii) The motion under clause (i) is in order even if

15 a previous motion to the same effect has been disagreed

16 to.

17 ‘‘(B) All points of order against a privileged resolu18 tion and consideration of the resolution are waived. If the

19 motion under subparagraph (A) is agreed to, the privi20 leged resolution shall remain the unfinished business of

21 the House until disposed of, to the exclusion of all other

22 business (other than a motion to adjourn), except as pro23 vided in paragraph (5)(A). A motion to reconsider the vote

24 by which the motion is disagreed to is not in order.
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1 ‘‘(C) General debate on a privileged resolution shall

2 not exceed 4 hours, which shall be divided equally between

3 a Member favoring and a Member opposing the resolution.

4 ‘‘(D)(i) At the conclusion of general debate, a privi5 leged resolution shall be considered for amendment under

6 the 5-minute rule.

7 ‘‘(ii) Debate on all amendments shall not exceed 12

8 hours. After the expiration of that period, no further

9 amendments shall be in order.

10 ‘‘(iii) Except as provided in the next sentence, debate

11 on each amendment, and any amendments thereto, shall

12 not exceed one hour. If the Committee on International

13 Relations reports an amendment in the nature of a sub14 stitute to the text of a privileged resolution, that amend15 ment shall be considered to be original text for purposes

16 of amendment and debate on each amendment to that

17 amendment, and any amendments thereto, shall not ex18 ceed one hour.

19 ‘‘(E) At the conclusion of consideration of amend20 ments to a privileged resolution, the Committee of the

21 Whole shall rise and report the resolution back to the

22 House, and the previous question shall be considered as

23 ordered on the resolution, with any amendments adopted

24 in the Committee of the Whole, to final passage without
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1 intervening motion, except one motion to recommit with

2 or without instructions.

3 ‘‘(5)(A) Except as provided in subparagraph (B), if,

4 before the passage by the House of Representatives of a

5 privileged resolution of the House, the House receives a

6 privileged resolution from the Senate with respect to the

7 same or related hostilities or situations where imminent

8 involvement in hostilities is clearly indicated by the cir9 cumstances, then the following procedures shall apply:

10 ‘‘(i) The resolution of the Senate shall not be

11 referred to a committee.

12 ‘‘(ii) With respect to the privileged resolution of

13 the House—

14 ‘‘(I) the procedure in the House shall be

15 the same as if no resolution had been received

16 from the Senate; but

17 ‘‘(II) the privileged resolution of the Sen18 ate shall be considered to have been read for

19 the third time; the vote on final passage shall

20 be on the resolution of the Senate (if the resolu21 tions are identical), or on the resolution of the

22 Senate (if they are not identical) with the text

23 of the resolution of the House inserted in lieu

24 of the text of the resolution of the Senate; and
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1 the vote on final passage shall occur without de2 bate or any intervening action.

3 ‘‘(iii) Upon disposition of a privileged resolution

4 received from the Senate, consideration of the privi5 leged resolution of the House shall no longer be priv6 ileged under this section.

7 ‘‘(B) If the House receives from the Senate a privi8 leged resolution before any privileged resolution is intro9 duced in the House with respect to the same or related

10 hostilities or situations where imminent involvement in

11 hostilities is clearly indicated by the circumstances, then

12 the resolution of the Senate shall be referred to the appro13 priate committee or committees, and the procedures in the

14 House with respect to that resolution shall be the same

15 under this subsection as if the resolution received had been

16 introduced in the House.

17 ‘‘(C) If the House receives from the Senate a privi18 leged resolution after the House has disposed of an iden19 tical privileged resolution, it shall be in order to proceed

20 by a highly privileged, nondebatable motion to consider21 ation of the resolution of the Senate, and that resolution

22 shall be disposed of without debate and without amend23 ment.

24 ‘‘(6) A motion to disagree with amendments of the

25 Senate to a privileged resolution of the House and request
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1 or agree to a conference with the Senate, or a motion to

2 insist on the House amendments to a privileged resolution

3 of the Senate and request or agree to a conference of the

4 Senate, is highly privileged.

5 ‘‘(7)(A) If the conferees are unable to agree on resolv6 ing the differences between the two Houses with respect

7 to a privileged resolution within 72 hours after the second

8 House is notified that the first House has agreed to con9 ference, they shall report back to their respective House

10 in disagreement.

11 ‘‘(B) Notwithstanding any rule of the House of Rep12 resentatives concerning the printing of conference reports

13 in the Congressional Record or concerning any delay in

14 the consideration of such reports, a conference report with

15 respect to a privileged resolution, including a report filed

16 in disagreement, shall be acted on in the House of Rep17 resentatives not later than 2 session days after the first

18 House files the report or, in the case of the House acting

19 first, the report has been available for 2 hours. The con20 ference report (and any amendment reported in disagree21 ment) shall be deemed to have been read. Debate on such

22 a conference report shall be limited to 3 hours, equally

23 divided between, and controlled by the Majority Leader

24 and the Minority Leader (or their designees).
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1 ‘‘(C) As used in subparagraph (B), the term ‘session

2 day’ means a day on which the House of Representatives

3 convenes.

4 ‘‘(8) This subsection is enacted by the House of

5 Representatives—

6 ‘‘(A) as an exercise of the rulemaking power of

7 the House of Representatives, and as such it is

8 deemed a part of the rules of the House, but appli9 cable only with respect to the procedure to be fol10 lowed in the House in the case of a privileged resolu11 tion, and it supersedes other rules only to the extent

12 that it is inconsistent with such rules; and

13 ‘‘(B) with full recognition of the constitutional

14 right of the House to change its rules (so far as re15 lating to the procedure of the House) at any time,

16 in the same manner, and to the same extent as in

17 the case of any other rule of the House.

18 ‘‘(c) PROCEDURES IN THE SENATE.—(1) This sub19 section applies to the consideration of a privileged resolu20 tion in the Senate.

21 ‘‘(2) For purposes of this subsection, the term ‘ses22 sion days’ means days on which the Senate is in session.

23 ‘‘(3) A privileged resolution introduced in the Senate

24 shall be referred to the Committee on Foreign Relations.
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1 ‘‘(4)(A) If the Committee on Foreign Relations has

2 not reported a privileged resolution (or an identical resolu3 tion) at the end of 7 calendar days after the introduction

4 of that resolution, that committee shall be discharged from

5 further consideration of that resolution, and that resolu6 tion shall be placed on the appropriate calendar of the

7 Senate.

8 ‘‘(B) After a committee reports or is discharged from

9 a privileged resolution, no other resolution with respect to

10 the same or related hostilities, or situations in which immi11 nent involvement in hostilities is clearly indicated by the

12 circumstances, may be reported by or be discharged from

13 such committee while the first resolution—

14 ‘‘(i) is before the Senate (including remaining

15 on the calendar),

16 ‘‘(ii) is before the House of Representatives (in17 cluding remaining on the calendar), unless the

18 House has had a vote on final passage with respect

19 to the resolution and a majority of those voting did

20 not vote in the affirmative,

21 ‘‘(iii) is before a committee of conference or

22 otherwise awaiting disposition of amendments be23 tween the Houses, or

24 ‘‘(iv) is awaiting transmittal to the President or

25 is before the President.
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1 ‘‘(5)(A)(i) When the committee to which a privileged

2 resolution is referred has reported, or has been discharged

3 under paragraph (4) from further consideration of that

4 resolution, it is at any time thereafter in order (even

5 though a previous motion to the same effect has been dis6 agreed to) for any Member of the Senate to move to pro7 ceed to the consideration of the resolution, notwithstand8 ing any rule or precedent of the Senate, including Rule

9 22. Except as provided in clause (ii) of this subparagraph

10 or subparagraph (B) of this paragraph (insofar as it re11 lates to germaneness and relevancy of amendments), all

12 points of order against a privileged resolution and consid13 eration of the resolution are waived. The motion is privi14 leged and is not debatable. The motion is not subject to

15 a motion to postpone. A motion to reconsider the vote by

16 which the motion is agreed to or disagreed to shall be in

17 order, except that such motion may not be entered for fu18 ture disposition. If a motion to proceed to the consider19 ation of a privileged resolution is agreed to, the resolution

20 shall remain the unfinished business of the Senate, to the

21 exclusion of all other business, until disposed of, except

22 as otherwise provided in paragraph (6)(A).

23 ‘‘(ii) Whenever a point of order is raised in the Senate

24 against the privileged status of a resolution that has been

25 laid before the Senate and been initially identified as privi-
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1 leged for consideration under this subsection upon its in2 troduction, such point of order shall be submitted directly

3 to the Senate. The point of order, ‘The resolution is not

4 privileged under the War Powers Resolution’, shall be de5 cided by the yeas and the nays after four hours of debate,

6 equally divided between, and controlled by, the Member

7 raising the point of order and the manager of the resolu8 tion, except that in the event the manager is in favor of

9 such point of order, the time in opposition thereto shall

10 be controlled by the Minority Leader or his designee. Such

11 point of order shall not be considered to establish prece12 dent for determination of future cases.

13 ‘‘(B)(i) Consideration in the Senate of a privileged

14 resolution, and all amendments and debatable motions in

15 connection therewith, shall be limited to not more than

16 12 hours, which, except as otherwise provided in this sub17 section, shall be equally divided between, and controlled

18 by, the Majority Leader and the Minority Leader, or by

19 their designees. The Majority Leader or the Minority

20 Leader or their designees may, from the time under their

21 control on the resolution, allot additional time to any Sen22 ator during the consideration of any amendment, debat23 able motion, or appeal.

24 ‘‘(ii) Only amendments which are germane and rel25 evant to a privileged resolution are in order.
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1 ‘‘(iii) Debate on any amendment to a privileged reso2 lution shall be limited to two hours, except that this limita3 tion does not apply to an amendment in the nature of a

4 substitute to the text of the resolution that is reported

5 by the Committee on Foreign Relations. Debate on any

6 amendment to an amendment shall be limited to 1 hour.

7 ‘‘(iv) The time of debate for each amendment shall

8 be equally divided between, and controlled by, the mover

9 of the amendment and the manager of the resolution, ex10 cept that in the event the manager is in favor of any such

11 amendment, the time in opposition thereto shall be con12 trolled by the Minority Leader or his designee.

13 ‘‘(v) One amendment by the Minority Leader is in

14 order to be offered under a one-hour time limitation imme15 diately following the expiration of the 12-hour time limita16 tion if the Minority Leader has had no opportunity prior

17 thereto to offer an amendment to the privileged resolution.

18 One amendment may be offered to the amendment of the

19 Minority Leader under the preceding sentence, and debate

20 shall be limited on such amendment to one-half hour which

21 shall be equally divided between, and controlled by, the

22 mover of the amendment and the manager of the resolu23 tion, except that in the event the manager is in favor of

24 any such amendment, the time in opposition thereto shall

25 be controlled by the Minority Leader or his designee.
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1 ‘‘(vi) A motion to postpone or a motion to recommit

2 a privileged resolution is not in order. A motion to recon3 sider the vote by which a privileged resolution is agreed

4 to or disagreed to is in order, except that such motion

5 may not be entered for future disposition, and debate on

6 such motion shall be limited to 1 hour.

7 ‘‘(C) Whenever all the time for debate on a privileged

8 resolution has been used or yielded back, no further

9 amendments may be proposed, except as provided in sub10 paragraph (B)(iii), and the vote on the adoption of the

11 resolution shall occur without any intervening motion or

12 amendment, except that a single quorum call at the con13 clusion of the debate if requested in accordance with the

14 rules of the Senate may occur immediately before such

15 vote.

16 ‘‘(D) Appeals from the decisions of the Chair relating

17 to the application of the Rules of the Senate to the proce18 dure relating to a privileged resolution shall be limited to

19 one-half hour of debate, equally divided between, and con20 trolled by, the Member making the appeal and the man21 ager of the resolution, except that in the event the man22 ager is in favor of any such appeal, the time in opposition

23 thereto shall be controlled by the Minority Leader or his

24 designee.
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1 ‘‘(6)(A) Except as provided in subparagraph (B), if,

2 before the passage by the Senate of a privileged resolution

3 of the Senate, the Senate receives a priviledged resolution

4 from the House of Representatives with respect to the

5 same or related hostilities or situations where imminent

6 involvement in hostilities is clearly indicated by the cir7 cumstances, then the following procedures shall apply:

8 ‘‘(i) The privileged resolution of the House of

9 Representatives shall not be referred to a committee.

10 ‘‘(ii) With respect to the privileged resolution of

11 the Senate—

12 ‘‘(I) the procedure in the Senate shall be

13 the same as if no resolution had been received

14 from the House of Representatives; but

15 ‘‘(II) the resolution of the House of Rep16 resentatives shall be considered to have been

17 read for the third time; the vote on final pas18 sage shall be on the resolution of the House of

19 Representatives (if such resolutions are iden20 tical) or on the resolution of the House of Rep21 resentatives (if not identical), with the text of

22 the resolution of the Senate inserted in lieu of

23 the text of the resolution of the House of Rep24 resentatives; and such vote on final passage
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1 shall occur without debate or any intervening

2 action.

3 ‘‘(iii) Upon disposition of a privileged resolution

4 received from the House of Representatives, it shall

5 no longer be in order to consider the resolution origi6 nated in the Senate.

7 ‘‘(B) If the Senate receives a privileged resolution

8 from the House of Representatives before any privileged

9 resolution is introduced in the Senate with respect to the

10 same or related hostilities or situations where imminent

11 involvement in hostilities is clearly indicated by the cir12 cumstances, then the resolution received shall be referred

13 to the Committee on Foreign Relations, and the proce14 dures in the Senate with respect to that resolution shall

15 be the same under this section as if the resolution received

16 had been introduced in the Senate.

17 ‘‘(7) If the Senate receives a privileged resolution

18 from the House of Representatives after the Senate has

19 disposed of an identical privileged resolution, it shall be

20 in order to proceed by nondebatable motion to consider21 ation of the resolution received by the Senate, and that

22 resolution shall be disposed of without debate and without

23 amendment.

24 ‘‘(8)(A)(i) The time for debate in the Senate on all

25 motions required for the disposition of amendments be-
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1 tween the Houses shall not exceed 2 hours, equally divided

2 between, and controlled by, the mover of the motion and

3 the manager of the resolution at each stage of the proceed4 ings between the two Houses, except that in the event the

5 manager is in favor of any such motion, the time in oppo6 sition thereto shall be controlled by the Minority Leader

7 or his designee. In the case of any disagreement between

8 the two Houses of Congress with respect to a privileged

9 resolution which is not resolved, any Senator may make

10 any motion or motions referred to in this clause within

11 2 session days after action by the second House or before

12 the appointment of conferees, whichever comes first.

13 ‘‘(ii) In the event the conferees are unable to agree

14 within 72 hours after the second House is notified that

15 the first House has agreed to conference, they shall report

16 back to their respective House in disagreement.

17 ‘‘(iii) Notwithstanding any rule in the Senate con18 cerning the printing of conference reports in the Congres19 sional Record or concerning any delay in the consideration

20 of such reports, such report, including a report filed or

21 returned in disagreement, shall be acted on in the Senate

22 not later than 2 session days after the first House files

23 the report or, in the case of the Senate acting first, the

24 report is first made available on the desks of the Senators.

25 Debate in the Senate on a conference report or a report
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1 filed or returned in disagreement on any such resolution

2 shall be limited to 3 hours, equally divided between, and

3 controlled by, the Majority Leader and the Minority Lead4 er, and their designees.

5 ‘‘(B) If a privileged resolution is vetoed by the Presi6 dent, the time for debate in consideration of the veto mes7 sage on such measure shall be limited to 20 hours in the

8 Senate, equally divided between, and controlled by, the

9 Majority Leader and the Minority Leader, and their des10 ignees.

11 ‘‘(9) This subsection is enacted by the Senate—

12 ‘‘(A) as an exercise of the rulemaking power of

13 the Senate, as such it is deemed a part of the rules

14 of the Senate but applicable only with respect to the

15 procedure to be followed in the Senate in the case

16 of a privileged resolution, and it supersedes other

17 rules only to the extent that it is inconsistent with

18 such rules; and

19 ‘‘(B) with full recognition of the constitutional

20 right of the Senate to change its rules (so far as re21 lating to the procedure of the Senate) at any time,

22 in the same manner, and to the same extent as in

23 the case of any other rule of the Senate.
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1 ‘‘SEC. 8. JUDICIAL REVIEW.

2 ‘‘(a) STANDING OF MEMBERS OF CONGRESS.—Any

3 Member of Congress may bring an action in the United

4 States District Court for the District of Columbia for de5 claratory judgment and injunctive relief on the ground

6 that the President or the Armed Forces have not complied

7 with any provision of this joint resolution.

8 ‘‘(b) JUSTICIABILITY.—In any action described in

9 subsection (a), the court shall not decline to make a deter10 mination on the merits on the ground that the issue of

11 compliance is a political question or is otherwise

12 nonjusticiable.

13 ‘‘(c) CONGRESSIONAL INTENT.—Notwithstanding the

14 number, position, or party affiliation of any plaintiffs in

15 an action described in subsection (a), it is the intent of

16 the Congress that the court—

17 ‘‘(1) infer congressional disapproval of the in18 volvement of the Armed Forces in hostilities or situ19 ations where involvement in hostilities is clearly indi20 cated by the circumstances; and

21 ‘‘(2) find that an impasse exists between the

22 Congress and the Executive which requires judicial

23 resolution.

24 ‘‘(d) EXPEDITED CONSIDERATION.—Any court in

25 which an action described in subsection (a) is heard shall

26 accord such action the highest priority and shall announce
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1 its judgment as speedily as the requirements of Article III

2 of the Constitution permit.

3 ‘‘(e) JUDICIAL REMEDY.—(1) If the court in an ac4 tion described in subsection (a) finds that the President

5 has failed to submit a report required by section 5(a) of

6 this joint resolution, the court shall—

7 ‘‘(A) direct the President to submit that report;

8 and

9 ‘‘(B) specify the date on which the Armed

10 Forces were introduced into hostilities or situations

11 where imminent involvement in hostilities is clearly

12 indicated by the circumstances.

13 ‘‘(2) If the court in an action described in subsection

14 (a) finds that section 3 or section 6(b) of this joint resolu15 tion has been violated, the court shall direct the President

16 to remove the Armed Forces from the hostilities or situa17 tions where involvement in hostilities is clearly indicated

18 by the circumstances. The Armed Forces shall be removed

19 pursuant to the court’s order—

20 ‘‘(A) immediately, or

21 ‘‘(B) if the President determines and certifies

22 to the Congress in writing that unavoidable military

23 necessity respecting the safety of the Armed Forces

24 requires the continued use of the Armed Forces in

25 the course of bringing about their prompt removal
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1 from hostilities and situations where imminent in2 volvement in hostilities is clearly indicated by the

3 circumstances, within a period not to exceed 30 days

4 after the order is issued.

5 ‘‘(f) APPEALS.—Any judgment in an action described

6 in subsection (a) shall be directly appealable to the United

7 States Supreme Court.

8 ‘‘SEC. 9. RULES OF INTERPRETATION.

9 ‘‘(a) OTHER STATUTES AND TREATIES.—Authority

10 to introduce the Armed Forces into hostilities or situations

11 where imminent involvement in hostilities is clearly indi12 cated by the circumstances shall not be inferred—

13 ‘‘(1) from any provision of law (including any

14 provision in effect before the date of enactment of

15 this joint resolution), including any provision con16 tained in any appropriation Act, unless that provi17 sion specifically authorizes the introduction of the

18 Armed Forces into hostilities or situations where im19 minent involvement in hostilities is clearly indicated

20 by the circumstances and states that it is intended

21 to constitute specific statutory authorization within

22 the meaning of this joint resolution; or

23 ‘‘(2) from any treaty heretofore or hereafter

24 ratified unless that treaty is implemented by legisla25 tion specifically authorizing the introduction of the
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1 Armed Forces into hostilities or situations where im2 minent involvement in hostilities is clearly indicated

3 by the circumstances and stating that it is intended

4 to constitute specific statutory authorization within

5 the meaning of this joint resolution.

6 ‘‘(b) CONGRESSIONAL ACTION OR INACTION.—The

7 failure of the Congress to adopt a measure—

8 ‘‘(1) terminating, limiting, or prohibiting the in9 volvement of the Armed Forces in hostilities or situ10 ations where imminent involvement in hostilities is

11 clearly indicated by the circumstances, or

12 ‘‘(2) finding that the President or the Armed

13 Forces are acting in violation of this joint resolution,

14 may not be construed as indicating congressional author15 ization or approval of, or acquiescence in, the involvement

16 of the Armed Forces in any hostilities or situations where

17 imminent involvement in hostilities is clearly indicated by

18 the circumstances or as a finding by the Congress that

19 such involvement is consistent with this joint resolution.

20 ‘‘SEC. 10. DEFINITIONS.

21 ‘‘For purposes of this joint resolution, the following

22 definitions apply:

23 ‘‘(1) ARMED FORCES.—The term ‘Armed

24 Forces’ means the armed forces of the United

25 States.
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1 ‘‘(2) HOSTILITIES OR IMMINENT INVOLVEMENT

2 IN HOSTILITIES.—The term ‘hostilities or situations

3 where imminent involvement in hostilities is clearly

4 indicated by the circumstances’ includes—

5 ‘‘(A) a situation where overt acts of war6 fare are taking place, such as—

7 ‘‘(i) the exchange of fire between reg8 ular or irregular military forces, or

9 ‘‘(ii) the aerial or naval bombardment

10 of military or civilian targets by regular or

11 irregular military forces,

12 regardless of whether the Armed Forces are

13 participating in the exchange of fire or the

14 bombardment;

15 ‘‘(B) a state of confrontation in which,

16 even if no overt act of warfare has occurred,

17 there is a clear and present danger of armed

18 conflict; and

19 ‘‘(C) any other situation in which there is

20 a clear potential for hostilities.

21 ‘‘(3) INTRODUCE.—The term ‘introduce’ in22 cludes—

23 ‘‘(A) any commitment, engagement, or

24 other involvement of the Armed Forces in hos25 tilities or situations where imminent involve-
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1 ment in hostilities is clearly indicated by the

2 circumstances, including the taking of self-de3 fense measures by the Armed Forces in re4 sponse to an attack or threatened attack;

5 ‘‘(B) the assigning or detailing of members

6 of the Armed Forces to command, coordinate,

7 participate in the movement of, accompany, or

8 provide logistical support or training for any

9 foreign regular or irregular military forces if

10 those forces are involved in hostilities or situa11 tions where imminent involvement in hostilities

12 is clearly indicated by the circumstances (re13 gardless of whether those hostilities involve in14 surgent forces or the military forces of a for15 eign country); and

16 ‘‘(C) the assigning or detailing of members

17 of the Armed Forces to an operation authorized

18 by the United Nations Security Council under

19 chapter VII of the United Nations Charter.

20 ‘‘(4) UNITED STATES; COUNTRY.—The terms

21 ‘United States’ and ‘country’, when used in a geo22 graphic sense, include territories and possessions.

23 ‘‘SEC. 11. SEPARABILITY CLAUSE.

24 ‘‘If any provision of this joint resolution or the appli25 cation thereof to any person or circumstance is held in-
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1 valid, the remainder of the joint resolution and the appli2 cation of such provision to any other person or cir3 cumstance shall not be affected thereby.’’.

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