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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 95 Introduced in House (IH)]

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.
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This joint resolution may be cited as the ``War Powers Amendments 
of 1995''.

SEC. 2. REVISION OF WAR POWERS RESOLUTION.

    The War Powers Resolution (50 U.S.C. 1541-1548) is amended by 
striking out all after the resolving clause and inserting in lieu 
thereof the following:

``SECTION 1. SHORT TITLE.

    ``This joint resolution may be cited as the `War Powers 
Resolution'.

``SEC. 2. PURPOSE; CONGRESSIONAL LEGISLATIVE AUTHORITY.

    ``(a) Purpose.--It is the purpose of this joint resolution to 
fulfill the intent of the framers of the Constitution of the United 
States and ensure that the collective judgment of both the Congress and 
the President will apply to--
            ``(1) the introduction of the Armed Forces into hostilities 
        or into situations where imminent involvement in hostilities is 
        clearly indicated by the circumstances,
            ``(2) the continued use of the Armed Forces in hostilities 
        or in such situations, and
            ``(3) the participation of the Armed Forces in certain 
        military operations of the United Nations.
    ``(b) Congressional Legislative Authority.--Among the powers 
granted to the Congress by the Constitution are--
            ``(1) the power to declare war;
            ``(2) the power of the purse (`No Money shall be drawn from 
        the Treasury, but in Consequence of Appropriations made by 
        Law'); and
            ``(3) the power to make all laws necessary and proper for 
        carrying into execution not only its own powers but also all 
        other powers vested by the Constitution in the Government of 
        the United States, or in any department or officer thereof.
``SEC. 3. EMERGENCY USES OF THE ARMED FORCES IN HOSTILITIES.

    ``(a) In General.--The Armed Forces may be introduced into 
hostilities, or situations where imminent involvement in hostilities is 
clearly indicated by the circumstances, only as follows:
            ``(1) Declaration of war.--Pursuant to a declaration of war 
        by the Congress.
            ``(2) Specific statutory authorization.--In accordance with 
        a specific statutory authorization.
            ``(3) Armed attack on united states.--To the extent 
        necessary--
                    ``(A) to repel an armed attack upon the United 
                States;
                    ``(B) to take necessary and appropriate retaliatory 
                actions in the event of such an attack; or
                    ``(C) to forestall the direct and imminent threat 
                of such an attack.
            ``(4) Armed attack on the armed forces.--To the extent 
        necessary--
                    ``(A) to repel an armed attack against Armed Forces 
                located outside the United States; or
                    ``(B) to forestall the direct and imminent threat 
                of such an attack.
            ``(5) Evacuation of united states citizens.--To the extent 
        necessary to protect United States citizens or nationals while 
        evacuating them as rapidly as possible from a situation, 
        outside the United States, that directly and imminently 
        threatens their lives or liberty and--
                    ``(A) the threatened deprivation of life or liberty 
                is contrary to international law or is otherwise 
                illegal; and
                    ``(B) in a case where the source of the threat is 
                within a foreign country, the threat is supported by 
                the government of that country or the government of 
                that country is unable or unwilling to control the 
                situation.
        The President shall make every effort to terminate any such 
        threat without using the Armed Forces. Before using the Armed 
        Forces to protect United States citizens or nationals being 
        evacuated from a foreign country in accordance with this 
        paragraph, the President shall, where possible, obtain the 
        consent of the government of that country.
    ``(b) Conditions on Emergency Use of Armed Forces.--Any use of the 
Armed Forces in accordance with paragraph (3), (4), or (5) of 
subsection (a)--
            ``(1) is subject to the requirements of sections 4, 5, and 
        6; and
            ``(2) shall be limited, in terms of the Armed Forces which 
        are used and the manner in which they are used, to such use as 
        is essential in order to achieve the purpose described in that 
        paragraph.
    ``(c) Funding Limitation.--Funds appropriated or otherwise made 
available under any law may not be obligated or expended for any 
introduction, other than an introduction described in subsection (a), 
of the Armed Forces into hostilities or situations where imminent 
involvement in hostilities is clearly indicated by the circumstances.

``SEC. 4. CONSULTATION BETWEEN THE PRESIDENT AND CONGRESS.

    ``(a) Requirements for Consultation.--(1) The President, in every 
possible instance, shall consult with the Congress before the Armed 
Forces are introduced into hostilities, or situations where imminent 
involvement in hostilities is clearly indicated by the circumstances, 
in accordance with paragraph (3), (4), or (5) of section 3(a). After 
every such introduction, the President shall consult regularly with the 
Congress until the Armed Forces are no longer in hostilities or 
situations where imminent involvement in hostilities is clearly 
indicated by the circumstances.
    ``(2) The President, in every possible instance, shall consult with 
the Congress--
            ``(A) before Armed Forces are introduced into the 
        territory, airspace, or waters of a foreign country while 
        equipped for combat, except for deployments which relate solely 
        to supply, replacement, repair, or training of such forces;
            ``(B) before Armed Forces are introduced into the 
        territory, airspace, or waters of a foreign country in which 
        there are already Armed Forces equipped for combat if such 
        introduction would substantially enlarge the number of Armed 
        Forces equipped for combat located in that country or otherwise 
        substantially increase the military capabilities of such 
        forces; or
            ``(C) before committing Armed Forces to an operation 
        authorized by the United Nations Security Council under chapter 
        VII of the United Nations Charter.
    ``(b) Executive-Legislative Consultative Group.--The consultation 
required by subsection (a) shall include participation by--
            ``(1) the President and those senior executive branch 
        officials designated by the President; and
            ``(2) those Members of the House of Representatives 
        designated by the Speaker of the House, and those members of 
        the Senate designated by the President pro tempore of the 
        Senate.
    ``(c) What Consultation Requires.--In order to satisfy the 
consultation requirement of this section, the President must ask 
Members of Congress for their advice and opinions before the decision 
is made to introduce the Armed Forces. Such consultation requires that 
all information relevant to the situation must be made available to the 
Members of Congress being consulted. The consultation requirement of 
this section is not met, however, if the Congress is merely informed 
about the situation.

``SEC. 5. REPORTS TO THE CONGRESS.

    ``(a) Reporting Requirement.--The President shall submit the report 
described in subsection (b) within 48 hours after the Armed Forces are 
introduced into hostilities, or situations where imminent involvement 
in hostilities is clearly indicated by the circumstances, in accordance 
with paragraph (3), (4), or (5) of section 3(a).
    ``(b) Description of Report Required.--The report required by 
subsection (a) is a written report submitted by the President to the 
Speaker of the House of Representatives and the President pro tempore 
of the Senate on the same calendar day, setting forth--
            ``(1) the circumstances necessitating the introduction of 
        the Armed Forces;
            ``(2) the specific constitutional and legislative authority 
        under which such introduction took place; and
            ``(3) the estimated scope and duration of the hostilities 
        or the involvement of the Armed Forces, as the case may be.
Any such report shall state expressly that it is being submitted 
pursuant to this section.
    ``(c) Additional Information.--The President shall provide such 
other information as the Congress may request in the fulfillment of its 
constitutional responsibilities with respect to committing the Nation 
to war and to the use of the Armed Forces abroad.
    ``(d) Continuing Reports.--Whenever the Armed Forces are introduced 
into hostilities or situations where imminent involvement in 
hostilities is clearly indicated by
 the circumstances, the President shall, so long as the Armed Forces 
continue to be involved in those or related hostilities or situations, 
report to the Congress periodically on the status of such hostilities 
or situations as well as on the scope and estimated duration of such 
hostilities or situations, but in no event shall the President report 
to the Congress less often than once every six months.
``SEC. 6. CONGRESSIONAL ACTION WITH RESPECT TO HOSTILITIES.

    ``(a) Receipt of Section 5(a) Report.--Each report submitted 
pursuant to section 5(a) shall be referred to the Committee on 
International Relations of the House of Representatives and to the 
Committee on Foreign Relations of the Senate for appropriate action. 
If, when the report is transmitted, the Congress has adjourned sine die 
or has adjourned for any period in excess of three calendar days, the 
Speaker of the House of Representatives and the President pro tempore 
of the Senate, if they deem it advisable (or if they are petitioned by 
at least 30 percent of the membership of their respective Houses) shall 
jointly request the President to convene the Congress in order that it 
may consider the report and take appropriate action pursuant to this 
section.
    ``(b) Requirement for Specific Statutory Authorization for 
Continued Involvement.--Within 60 calendar days after the Armed Forces 
are introduced into hostilities, or situations where imminent 
involvement in hostilities is clearly indicated by the circumstances, 
in accordance with paragraph (3), (4), or (5) of section 3(a), the 
President shall remove the Armed Forces from those hostilities or those 
situations unless the Congress--
            ``(1) has declared war;
            ``(2) has enacted a joint resolution providing specific 
        authorization for such use of the Armed Forces;
            ``(3) has extended by law such 60-day period; or
            ``(4) is physically unable to meet as a result of an armed 
        attack upon the United States.
This 60-day period shall be extended for not more than an additional 30 
days if the President determines and certifies to the Congress in 
writing that unavoidable military necessity respecting the safety of 
the Armed Forces requires the continued use of the Armed Forces in the 
course of bringing about their prompt removal from hostilities and 
situations where imminent involvement in hostilities is clearly 
indicated by the circumstances.
    ``(c) Funding Limitation.--Unless one of the numbered paragraphs of 
subsection (b) applies, after the expiration of the period specified in 
that subsection (including any extension of that period in accordance 
with that subsection), funds appropriated or otherwise made available 
under any law may not be obligated or expended to continue the 
involvement of the Armed Forces in the hostilities or situations where 
imminent involvement in hostilities is clearly indicated by the 
circumstances. This subsection does not, however, prohibit the use of 
funds to remove the Armed Forces from hostilities or situations where 
imminent involvement in hostilities is clearly indicated by the 
circumstances.

``SEC. 7. CONGRESSIONAL EXPEDITED PROCEDURES.

    ``(a) Resolutions Subject to Procedures.--As used in this section, 
the term `privileged resolution' means a joint resolution--
            ``(1) that provides specific authorization for the use of 
        the Armed Forces in hostilities or situations where imminent 
        involvement is clearly indicated by the circumstances, so long 
        as that resolution contains only provisions which are relevant 
        to those hostilities or situations; and
            ``(2) that is introduced after the President has submitted 
        a written request to the Congress for enactment of such an 
        authorization with respect to those or related hostilities or 
        situations.
    ``(b) Procedure in House of Representatives.--(1) This subsection 
applies to the consideration of a privileged resolution in the House of 
Representatives.
    ``(2) A privileged resolution introduced in the House of 
Representatives shall be referred, upon introduction, to the Committee 
on International Relations. A privileged resolution shall not be 
sequentially referred.
    ``(3)(A) If, at the end of 10 calendar days after the introduction 
of a privileged resolution, the Committee on International Relations 
has not reported that resolution, that committee shall be discharged 
from further consideration of that resolution and that resolution shall 
be placed on the appropriate calendar of the House.
    ``(B) After a privileged resolution has been placed on the 
appropriate calendar, no other resolution with respect to the same or 
related hostilities or situations where imminent involvement in 
hostilities is clearly indicated by the circumstances may be reported 
by or be discharged from any committee under this subsection while the 
first resolution--
            ``(i) is before the House of Representatives (including 
        remaining on the calendar),
            ``(ii) is before the Senate (including remaining on the 
        calendar) unless the Senate has had a vote on final passage 
        with respect to the resolution and a majority of those voting 
        did not vote in the affirmative,
            ``(iii) is before a committee of conference or otherwise 
        awaiting disposition of amendments between the Houses, or
            ``(iv) is awaiting transmittal to the President or is 
        before the President.
    ``(4)(A)(i) At any time after a privileged resolution has been 
placed on the appropriate calendar, it is in order for any Member of 
the House of Representatives to move that the House resolve itself into 
the Committee of the Whole House on the State of the Union for the 
consideration of that resolution. The motion is highly privileged.
    ``(ii) The motion under clause (i) is in order even if a previous 
motion to the same effect has been disagreed to.
    ``(B) All points of order against a privileged resolution and 
consideration of the resolution are waived. If the motion under 
subparagraph (A) is agreed to, the privileged resolution shall remain 
the unfinished business of the House until disposed of, to the 
exclusion of all other business (other than a motion to adjourn), 
except as provided in paragraph (5)(A). A motion to reconsider the vote 
by which the motion is disagreed to is not in order.
    ``(C) General debate on a privileged resolution shall not exceed 4 
hours, which shall be divided equally between a Member favoring and a 
Member opposing the resolution.
    ``(D)(i) At the conclusion of general debate, a privileged 
resolution shall be considered for amendment under the 5-minute rule.
    ``(ii) Debate on all amendments shall not exceed 12 hours. After 
the expiration of that period, no further amendments shall be in order.
    ``(iii) Except as provided in the next sentence, debate on each 
amendment, and any amendments thereto, shall not exceed one hour. If 
the Committee on International Relations reports an amendment in the 
nature of a substitute to the text of a privileged resolution, that 
amendment shall be considered to be original text for purposes of 
amendment and debate on each amendment to that amendment, and any 
amendments thereto, shall not exceed one hour.
    ``(E) At the conclusion of consideration of amendments to a 
privileged resolution, the Committee of the Whole shall rise and report 
the resolution back to the House, and the previous question shall be 
considered as ordered on the resolution, with any amendments adopted in 
the Committee of the Whole, to final passage without intervening 
motion, except one motion to recommit with or without instructions.
    ``(5)(A) Except as provided in subparagraph (B), if, before the 
passage by the House of Representatives of a privileged resolution of 
the House, the House receives a privileged resolution from the Senate 
with respect to the same or related hostilities or situations where 
imminent involvement in hostilities is clearly indicated by the 
circumstances, then the following procedures shall apply:
            ``(i) The resolution of the Senate shall not be referred to 
        a committee.
            ``(ii) With respect to the privileged resolution of the 
        House--
                    ``(I) the procedure in the House shall be the same 
                as if no resolution had been received from the Senate; 
                but
                    ``(II) the privileged resolution of the Senate 
                shall be considered to have been read for the third 
                time; the vote on final passage shall be on the 
                resolution of the Senate (if the resolutions are 
                identical), or on the resolution of the Senate (if they 
                are not identical) with the text of the resolution of 
                the House inserted in lieu of the text of the 
                resolution of the Senate; and the vote on final passage 
                shall occur without debate or any intervening action.
            ``(iii) Upon disposition of a privileged resolution 
        received from the Senate, consideration of the privileged 
        resolution of the House shall no longer be privileged under 
        this section.
    ``(B) If the House receives from the Senate a privileged resolution 
before any privileged resolution is introduced in the House with 
respect to the same or related hostilities or situations where imminent 
involvement in hostilities is clearly indicated by the circumstances, 
then the resolution of the Senate shall be referred to the appropriate 
committee or committees, and the procedures in the House with respect 
to that resolution shall be the same under this subsection as if the 
resolution received had been introduced in the House.
    ``(C) If the House receives from the Senate a privileged resolution 
after the House has disposed of an identical privileged resolution, it 
shall be in order to proceed by a highly privileged, nondebatable 
motion to consideration of the resolution of the Senate, and that 
resolution shall be disposed of without debate and without amendment.
    ``(6) A motion to disagree with amendments of the Senate to a 
privileged resolution of the House and request or agree to a conference 
with the Senate, or a motion to insist on the House amendments to a 
privileged resolution of the Senate and request or agree to a 
conference of the Senate, is highly privileged.
    ``(7)(A) If the conferees are unable to agree on resolving the 
differences between the two Houses with respect to a privileged 
resolution within 72 hours after the second House is notified that the 
first House has agreed to conference, they shall report back to their 
respective House in disagreement.
    ``(B) Notwithstanding any rule of the House of Representatives 
concerning the printing of conference reports in the Congressional 
Record or concerning any delay in the consideration of such reports, a 
conference report with respect to a privileged resolution, including a 
report filed in disagreement, shall be acted on in the House of 
Representatives not later than 2 session days after the first House 
files the report or, in the case of the House acting first, the report 
has been available for 2 hours. The conference report (and any 
amendment reported in disagreement) shall be deemed to have been read. 
Debate on such a conference report shall be limited to 3 hours, equally 
divided between, and controlled by the Majority Leader and the Minority 
Leader (or their designees).
    ``(C) As used in subparagraph (B), the term `session day' means a 
day on which the House of Representatives convenes.
    ``(8) This subsection is enacted by the House of Representatives--
            ``(A) as an exercise of the rulemaking power of the House 
        of Representatives, and as such it is deemed a part of the 
        rules of the House, but applicable only with respect to the 
        procedure to be followed in the House in the case of a 
        privileged resolution, and it supersedes other rules only to 
        the extent that it is inconsistent with such rules; and
            ``(B) with full recognition of the constitutional right of 
        the House to change its rules (so far as relating to the 
        procedure of the House) at any time, in the same manner, and to 
        the same extent as in the case of any other rule of the House.
    ``(c) Procedures in the Senate.--(1) This subsection applies to the 
consideration of a privileged resolution in the Senate.
    ``(2) For purposes of this subsection, the term `session days' 
means days on which the Senate is in session.
    ``(3) A privileged resolution introduced in the Senate shall be 
referred to the Committee on Foreign Relations.
    ``(4)(A) If the Committee on Foreign Relations has not reported a 
privileged resolution (or an identical resolution) at the end of 7 
calendar days after the introduction of that resolution, that committee 
shall be discharged from further consideration of that resolution, and 
that resolution shall be placed on the appropriate calendar of the 
Senate.
    ``(B) After a committee reports or is discharged from a privileged 
resolution, no other resolution with respect to the same or related 
hostilities, or situations in which imminent involvement in hostilities 
is clearly indicated by the circumstances, may be reported by or be 
discharged from such committee while the first resolution--
            ``(i) is before the Senate (including remaining on the 
        calendar),
            ``(ii) is before the House of Representatives (including 
        remaining on the calendar), unless the House has had a vote on 
        final passage with respect to the resolution and a majority of 
        those voting did not vote in the affirmative,
            ``(iii) is before a committee of conference or otherwise 
        awaiting disposition of amendments between the Houses, or
            ``(iv) is awaiting transmittal to the President or is 
        before the President.
    ``(5)(A)(i) When the committee to which a privileged resolution is 
referred has reported, or has been discharged under paragraph (4) from 
further consideration of that resolution, it is at any time thereafter 
in order (even though a previous motion to the same effect has been 
disagreed to) for any Member of the Senate to move to proceed to the 
consideration of the resolution, notwithstanding any rule or precedent 
of the Senate, including Rule 22. Except as provided in clause (ii) of 
this subparagraph or subparagraph (B) of this paragraph (insofar as it 
relates to germaneness and relevancy of amendments), all points of 
order against a privileged resolution and consideration of the 
resolution are waived. The motion is privileged and is not debatable. 
The motion is not subject to a motion to postpone. A motion to 
reconsider the vote by which the motion is agreed to or disagreed to 
shall be in order, except that such motion may not be entered for 
future disposition. If a motion to proceed to the consideration of a 
privileged resolution is agreed to, the resolution shall remain the 
unfinished business of the Senate, to the exclusion of all other 
business, until disposed of, except as otherwise provided in paragraph 
(6)(A).
    ``(ii) Whenever a point of order is raised in the Senate against 
the privileged status of a resolution that has been laid before the 
Senate and been initially identified as privileged for consideration 
under this subsection upon its introduction, such point of order shall 
be submitted directly to the Senate. The point of order, `The 
resolution is not privileged under the War Powers Resolution', shall be 
decided by the yeas and the nays after four hours of debate, equally 
divided between, and controlled by, the Member raising the point of 
order and the manager of the resolution, except that in the event the 
manager is in favor of such point of order, the time in opposition 
thereto shall be controlled by the Minority Leader or his designee. 
Such point of order shall not be considered to establish precedent for 
determination of future cases.
    ``(B)(i) Consideration in the Senate of a privileged resolution, 
and all amendments and debatable motions in connection therewith, shall 
be limited to not more than 12 hours, which, except as otherwise 
provided in this subsection, shall be equally divided between, and 
controlled by, the Majority Leader and the Minority Leader, or by their 
designees. The Majority Leader or the Minority Leader or their 
designees may, from the time under their control on the resolution, 
allot additional time to any Senator during the consideration of any 
amendment, debatable motion, or appeal.
    ``(ii) Only amendments which are germane and relevant to a 
privileged resolution are in order.
    ``(iii) Debate on any amendment to a privileged resolution shall be 
limited to two hours, except that this limitation does not apply to an 
amendment in the nature of a substitute to the text of the resolution 
that is reported by the Committee on Foreign Relations. Debate on any 
amendment to an amendment shall be limited to 1 hour.
    ``(iv) The time of debate for each amendment shall be equally 
divided between, and controlled by, the mover of the amendment and the 
manager of the resolution, except that in the event the manager is in 
favor of any such amendment, the time in opposition thereto shall be 
controlled by the Minority Leader or his designee.
    ``(v) One amendment by the Minority Leader is in order to be 
offered under a one-hour time limitation immediately following the 
expiration of the 12-hour time limitation if the Minority Leader has 
had no opportunity prior thereto to offer an amendment to the 
privileged resolution. One amendment may be offered to the amendment of 
the Minority Leader under the preceding sentence, and debate shall be 
limited on such amendment to one-half hour which shall be equally 
divided between, and controlled by, the mover of the amendment and the 
manager of the resolution, except that in the event the manager is in 
favor of any such amendment, the time in opposition thereto shall be 
controlled by the Minority Leader or his designee.
    ``(vi) A motion to postpone or a motion to recommit a privileged 
resolution is not in order. A motion to reconsider the vote by which a 
privileged resolution is agreed to or disagreed to is in order, except 
that such motion may not be entered for future disposition, and debate 
on such motion shall be limited to 1 hour.
    ``(C) Whenever all the time for debate on a privileged resolution 
has been used or yielded back, no further amendments may be proposed, 
except as provided in subparagraph (B)(iii), and the vote on the 
adoption of the resolution shall occur without any intervening motion 
or amendment, except that a single quorum call at the conclusion of the 
debate if requested in accordance with the rules of the Senate may 
occur immediately before such vote.
    ``(D) Appeals from the decisions of the Chair relating to the 
application of the Rules of the Senate to the procedure relating to a 
privileged resolution shall be limited to one-half hour of debate, 
equally divided between, and controlled by, the Member making the 
appeal and the manager of the resolution, except that in the event the 
manager is in favor of any such appeal, the time in opposition thereto 
shall be controlled by the Minority Leader or his designee.
    ``(6)(A) Except as provided in subparagraph (B), if, before the 
passage by the Senate of a privileged resolution of the Senate, the 
Senate receives a priviledged resolution from the House of 
Representatives with respect to the same or related hostilities or 
situations where imminent involvement in hostilities is clearly 
indicated by the circumstances, then the following procedures shall 
apply:
            ``(i) The privileged resolution of the House of 
        Representatives shall not be referred to a committee.
            ``(ii) With respect to the privileged resolution of the 
        Senate--
                    ``(I) the procedure in the Senate shall be the same 
                as if no resolution had been received from the House of 
                Representatives; but
                    ``(II) the resolution of the House of 
                Representatives shall be considered to have been read 
                for the third time; the vote on final passage shall be 
                on the resolution of the House of Representatives (if 
                such resolutions are identical) or on the resolution of 
                the House of Representatives (if not identical), with 
                the text of the resolution of the Senate inserted in 
                lieu of the text of the resolution of the House of 
                Representatives; and such vote on final passage shall 
                occur without debate or any intervening action.
            ``(iii) Upon disposition of a privileged resolution 
        received from the House of Representatives, it shall no longer 
        be in order to consider the resolution originated in the 
        Senate.
    ``(B) If the Senate receives a privileged resolution from the House 
of Representatives before any privileged resolution is introduced in 
the Senate with respect to the same or related hostilities or 
situations where imminent involvement in hostilities is clearly 
indicated by the circumstances, then the resolution received shall be 
referred to the Committee on Foreign Relations, and the procedures in 
the Senate with respect to that resolution shall be the same under this 
section as if the resolution received had been introduced in the 
Senate.
    ``(7) If the Senate receives a privileged resolution from the House 
of Representatives after the Senate has disposed of an identical 
privileged resolution, it shall be in order to proceed by nondebatable 
motion to consideration of the resolution received by the Senate, and 
that resolution shall be disposed of without debate and without 
amendment.
    ``(8)(A)(i) The time for debate in the Senate on all motions 
required for the disposition of amendments between the Houses shall not 
exceed 2 hours, equally divided between, and controlled by, the mover 
of the motion and the manager of the resolution at each stage of the 
proceedings between the two Houses, except that in the event the 
manager is in favor of any such motion, the time in opposition thereto 
shall be controlled by the Minority Leader or his designee. In the case 
of any disagreement between the two Houses of Congress with respect to 
a privileged resolution which is not resolved, any Senator may make any 
motion or motions referred to in this clause within 2 session days 
after action by the second House or before the appointment of 
conferees, whichever comes first.
    ``(ii) In the event the conferees are unable to agree within 72 
hours after the second House is notified that the first House has 
agreed to conference, they shall report back to their respective House 
in disagreement.
    ``(iii) Notwithstanding any rule in the Senate concerning the 
printing of conference reports in the Congressional Record or 
concerning any delay in the consideration of such reports, such report, 
including a report filed or returned in disagreement, shall be acted on 
in the Senate not later than 2 session days after the first House files 
the report or, in the case of the Senate acting first, the report is 
first made available on the desks of the Senators. Debate in the Senate 
on a conference report or a report
 filed or returned in disagreement on any such resolution shall be 
limited to 3 hours, equally divided between, and controlled by, the 
Majority Leader and the Minority Leader, and their designees.
    ``(B) If a privileged resolution is vetoed by the President, the 
time for debate in consideration of the veto message on such measure 
shall be limited to 20 hours in the Senate, equally divided between, 
and controlled by, the Majority Leader and the Minority Leader, and 
their designees.
    ``(9) This subsection is enacted by the Senate--
            ``(A) as an exercise of the rulemaking power of the Senate, 
        as such it is deemed a part of the rules of the Senate but 
        applicable only with respect to the procedure to be followed in 
        the Senate in the case of a privileged resolution, and it 
        supersedes other rules only to the extent that it is 
        inconsistent with such rules; and
            ``(B) with full recognition of the constitutional right of 
        the Senate to change its rules (so far as relating to the 
        procedure of the Senate) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of the 
        Senate.
``SEC. 8. JUDICIAL REVIEW.

    ``(a) Standing of Members of Congress.--Any Member of Congress may 
bring an action in the United States District Court for the District of 
Columbia for declaratory judgment and injunctive relief on the ground 
that the President or the Armed Forces have not complied with any 
provision of this joint resolution.
    ``(b) Justiciability.--In any action described in subsection (a), 
the court shall not decline to make a determination on the merits on 
the ground that the issue of compliance is a political question or is 
otherwise nonjusticiable.
    ``(c) Congressional Intent.--Notwithstanding the number, position, 
or party affiliation of any plaintiffs in an action described in 
subsection (a), it is the intent of the Congress that the court--
            ``(1) infer congressional disapproval of the involvement of 
        the Armed Forces in hostilities or situations where involvement 
        in hostilities is clearly indicated by the circumstances; and
            ``(2) find that an impasse exists between the Congress and 
        the Executive which requires judicial resolution.
    ``(d) Expedited Consideration.--Any court in which an action 
described in subsection (a) is heard shall accord such action the 
highest priority and shall announce its judgment as speedily as the 
requirements of Article III of the Constitution permit.
    ``(e) Judicial Remedy.--(1) If the court in an action described in 
subsection (a) finds that the President has failed to submit a report 
required by section 5(a) of this joint resolution, the court shall--
            ``(A) direct the President to submit that report; and
            ``(B) specify the date on which the Armed Forces were 
        introduced into hostilities or situations where imminent 
        involvement in hostilities is clearly indicated by the 
        circumstances.
    ``(2) If the court in an action described in subsection (a) finds 
that section 3 or section 6(b) of this joint resolution has been 
violated, the court shall direct the President to remove the Armed 
Forces from the hostilities or situations where involvement in 
hostilities is clearly indicated by the circumstances. The Armed Forces 
shall be removed pursuant to the court's order--
            ``(A) immediately, or
            ``(B) if the President determines and certifies to the 
        Congress in writing that unavoidable military necessity 
        respecting the safety of the Armed Forces requires the 
        continued use of the Armed Forces in the course of bringing 
        about their prompt removal from hostilities and situations 
        where imminent involvement in hostilities is clearly indicated 
        by the circumstances, within a period not to exceed 30 days 
        after the order is issued.
    ``(f) Appeals.--Any judgment in an action described in subsection 
(a) shall be directly appealable to the United States Supreme Court.

``SEC. 9. RULES OF INTERPRETATION.

    ``(a) Other Statutes and Treaties.--Authority to introduce the 
Armed Forces into hostilities or situations where imminent involvement 
in hostilities is clearly indicated by the circumstances shall not be 
inferred--
            ``(1) from any provision of law (including any provision in 
        effect before the date of enactment of this joint resolution), 
        including any provision contained in any appropriation Act, 
        unless that provision specifically authorizes the introduction 
        of the Armed Forces into hostilities or situations where 
        imminent involvement in hostilities is clearly indicated by the 
        circumstances and states that it is intended to constitute 
        specific statutory authorization within the meaning of this 
        joint resolution; or
            ``(2) from any treaty heretofore or hereafter ratified 
        unless that treaty is implemented by legislation specifically 
        authorizing the introduction of the
         Armed Forces into hostilities or situations where imminent 
involvement in hostilities is clearly indicated by the circumstances 
and stating that it is intended to constitute specific statutory 
authorization within the meaning of this joint resolution.
    ``(b) Congressional Action or Inaction.--The failure of the 
Congress to adopt a measure--
            ``(1) terminating, limiting, or prohibiting the involvement 
        of the Armed Forces in hostilities or situations where imminent 
        involvement in hostilities is clearly indicated by the 
        circumstances, or
            ``(2) finding that the President or the Armed Forces are 
        acting in violation of this joint resolution,
may not be construed as indicating congressional authorization or 
approval of, or acquiescence in, the involvement of the Armed Forces in 
any hostilities or situations where imminent involvement in hostilities 
is clearly indicated by the circumstances or as a finding by the 
Congress that such involvement is consistent with this joint 
resolution.

``SEC. 10. DEFINITIONS.

    ``For purposes of this joint resolution, the following definitions 
apply:
            ``(1) Armed forces.--The term `Armed Forces' means the 
        armed forces of the United States.
            ``(2) Hostilities or imminent involvement in hostilities.--
        The term `hostilities or situations where imminent involvement 
        in hostilities is clearly indicated by the circumstances' 
        includes--
                    ``(A) a situation where overt acts of warfare are 
                taking place, such as--
                            ``(i) the exchange of fire between regular 
                        or irregular military forces, or
                            ``(ii) the aerial or naval bombardment of 
                        military or civilian targets by regular or 
                        irregular military forces,
                regardless of whether the Armed Forces are 
                participating in the exchange of fire or the 
                bombardment;
                    ``(B) a state of confrontation in which, even if no 
                overt act of warfare has occurred, there is a clear and 
                present danger of armed conflict; and
                    ``(C) any other situation in which there is a clear 
                potential for hostilities.
            ``(3) Introduce.--The term `introduce' includes--
                    ``(A) any commitment, engagement, or other 
                involvement of the Armed Forces in hostilities or 
                situations where imminent involvement in hostilities is 
                clearly indicated by the circumstances, including the 
                taking of self-defense measures by the Armed Forces in 
                response to an attack or threatened attack;
                    ``(B) the assigning or detailing of members of the 
                Armed Forces to command, coordinate, participate in the 
                movement of, accompany, or provide logistical support 
                or training for any foreign regular or irregular 
                military forces if those forces are involved in 
                hostilities or situations where imminent involvement in 
                hostilities is clearly indicated by the circumstances 
                (regardless of whether those hostilities involve 
                insurgent forces or the military forces of a foreign 
                country); and
                    ``(C) the assigning or detailing of members of the 
                Armed Forces to an operation authorized by the United 
                Nations Security Council under chapter VII of the 
                United Nations Charter.
            ``(4) United states; country.--The terms `United States' 
        and `country', when used in a geographic sense, include 
        territories and possessions.

``SEC. 11. SEPARABILITY CLAUSE.

    ``If any provision of this joint resolution or the application 
thereof to any person or circumstance is held invalid, the remainder of 
the joint resolution and the application of such provision to any other 
person or circumstance shall not be affected thereby.''.
                                 <all>
HJ 95 IH----2
HJ 95 IH----3
```