IA

106TH CONGRESS

1ST SESSION H. J. RES. 42

To amend the War Powers Resolution.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1999

Mr. DEFAZIO (for himself and Mr. METCALF) introduced the following bill;

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 1999’’.

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,

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

14 hostilities, and

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

16 certain military operations of the United Nations.

17 ‘‘(b) CONGRESSIONAL LEGISLATIVE AUTHORITY.—

18 Among the powers granted to the Congress by the Con19 stitution are—

20 ‘‘(1) the power to declare war;

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

22 be drawn from the Treasury, but in Consequence of

23 Appropriations made by Law’); and

24 ‘‘(3) the power to make all laws necessary and

25 proper for carrying into execution not only its own

26 powers but also all other powers vested by the Con-
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1 stitution in the Government of the United States, or

2 in any department or officer thereof.

3 ‘‘SEC. 3. EMERGENCY USES OF THE ARMED FORCES IN HOS4 TILITIES.

5 ‘‘(a) IN GENERAL.—The Armed Forces may be intro6 duced into hostilities only as follows:

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

8 declaration of war by the Congress.

9 ‘‘(2) SPECIFIC STATUTORY AUTHORIZATION.—

10 In accordance with a specific statutory authoriza11 tion.

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

13 the extent necessary—

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

15 United States;

16 ‘‘(B) to take necessary and appropriate re17 taliatory actions in the event of such an attack;

18 or

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

20 threat of such an attack.

21 ‘‘(4) ARMED ATTACK ON THE ARMED

22 FORCES.—To the extent necessary—

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

24 Armed Forces located outside the United

25 States; or
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1 ‘‘(B) to forestall the direct and imminent

2 threat of such an attack.

3 ‘‘(5) EVACUATION OF UNITED STATES CITI4 ZENS.—To the extent necessary to protect United

5 States citizens or nationals while evacuating them as

6 rapidly as possible from a situation, outside the

7 United States, that directly and imminently threat8 ens their lives or liberty and—

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

10 liberty is contrary to international law or is oth11 erwise illegal; and

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

13 threat is within a foreign country, the threat is

14 supported by the government of that country or

15 the government of that country is unable or un16 willing to control the situation.

17 The President shall make every effort to terminate

18 any such threat without using the Armed Forces.

19 Before using the Armed Forces to protect United

20 States citizens or nationals being evacuated from a

21 foreign country in accordance with this paragraph,

22 the President shall, where possible, obtain the con23 sent of the government of that country.
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1 ‘‘(b) CONDITIONS ON EMERGENCY USE OF ARMED

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

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

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

5 4, 5, and 6; and

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

7 Forces which are used and the manner in which they

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

9 achieve the purpose described in that paragraph.

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

11 otherwise made available under any law may not be obli12 gated or expended for any introduction, other than an in13 troduction described in subsection (a), of the Armed

14 Forces into hostilities.

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

16 CONGRESS.

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

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

19 Congress before the Armed Forces are introduced into

20 hostilities in accordance with paragraph (3), (4), or (5)

21 of section 3(a). After every such introduction, the Presi22 dent shall consult regularly with the Congress until the

23 Armed Forces are no longer in hostilities.

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

25 consult with the Congress—
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1 ‘‘(A) before Armed Forces are introduced into

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

3 while equipped for combat, except for deployments

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

5 training of such forces;

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

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

8 in which there are already Armed Forces equipped

9 for combat if such introduction would substantially

10 enlarge the number of Armed Forces equipped for

11 combat located in that country or otherwise substan12 tially increase the military capabilities of such

13 forces; or

14 ‘‘(C) before committing Armed Forces to an op15 eration authorized by the United Nations Security

16 Council under chapter VII of the United Nations

17 Charter.

18 ‘‘(b) EXECUTIVE-LEGISLATIVE CONSULTATIVE

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

20 shall include participation by—

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

22 branch officials designated by the President; and

23 ‘‘(2) those Members of the House of Represent24 atives designated by the Speaker of the House, and
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1 those members of the Senate designated by the

2 President pro tempore of the Senate.

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

4 satisfy the consultation requirement of this section, the

5 President must ask Members of Congress for their advice

6 and opinions before the decision is made to introduce the

7 Armed Forces. Such consultation requires that all infor8 mation relevant to the situation must be made available

9 to the Members of Congress being consulted. The con10 sultation requirement of this section is not met, however,

11 if the Congress is merely informed about the situation.

12 ‘‘SEC. 5. REPORTS TO THE CONGRESS.

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

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

15 48 hours after the Armed Forces are introduced into hos16 tilities in accordance with paragraph (3), (4), or (5) of

17 section 3(a).

18 ‘‘(b) DESCRIPTION OF REPORT REQUIRED.—The re19 port required by subsection (a) is a written report sub20 mitted by the President to the Speaker of the House of

21 Representatives and the President pro tempore of the Sen22 ate on the same calendar day, setting forth—

23 ‘‘(1) the circumstances necessitating the intro24 duction of the Armed Forces;
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1 ‘‘(2) the specific constitutional and legislative

2 authority under which such introduction took place;

3 and

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

5 hostilities or the involvement of the Armed Forces,

6 as the case may be.

7 Any such report shall state expressly that it is being sub8 mitted pursuant to this section.

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

10 shall provide such other information as the Congress may

11 request in the fulfillment of its constitutional responsibil12 ities with respect to committing the Nation to war and

13 to the use of the Armed Forces abroad.

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

15 Forces are introduced into hostilities the President shall,

16 so long as the Armed Forces continue to be involved in

17 those or related hostilities, report to the Congress periodi18 cally on the status of such hostilities as well as on the

19 scope and estimated duration of such hostilities, but in

20 no event shall the President report to the Congress less

21 often than once every six months.

22 ‘‘SEC. 6. CONGRESSIONAL ACTION WITH RESPECT TO HOS23 TILITIES.

24 ‘‘(a) RECEIPT OF SECTION 5(a) REPORT.—Each re25 port submitted pursuant to section 5(a) shall be referred
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1 to the Committee on International Relations of the House

2 of Representatives and to the Committee on Foreign Rela3 tions of the Senate for appropriate action. If, when the

4 report is transmitted, the Congress has adjourned sine die

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

6 days, the Speaker of the House of Representatives and

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

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

9 of the membership of their respective Houses) shall jointly

10 request the President to convene the Congress in order

11 that it may consider the report and take appropriate ac12 tion pursuant to this section.

13 ‘‘(b) REQUIREMENT FOR SPECIFIC STATUTORY AU14 THORIZATION FOR CONTINUED INVOLVEMENT.—Within

15 60 calendar days after the Armed Forces are introduced

16 into hostilities in accordance with paragraph (3), (4), or

17 (5) of section 3(a), the President shall remove the Armed

18 Forces from those hostilities unless the Congress—

19 ‘‘(1) has declared war;

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

21 specific authorization for such use of the Armed

22 Forces;

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

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

25 an armed attack upon the United States.
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1 This 60-day period shall be extended for not more than

2 an additional 30 days if the President determines and cer3 tifies to the Congress in writing that unavoidable military

4 necessity respecting the safety of the Armed Forces re5 quires the continued use of the Armed Forces in the

6 course of bringing about their prompt removal from hos7 tilities.

8 ‘‘(c) FUNDING LIMITATION.—Unless one of the num9 bered paragraphs of subsection (b) applies, after the expi10 ration of the period specified in that subsection (including

11 any extension of that period in accordance with that sub12 section), funds appropriated or otherwise made available

13 under any law may not be obligated or expended to con14 tinue the involvement of the Armed Forces in the hos15 tilities. This subsection does not, however, prohibit the use

16 of funds to remove the Armed Forces from hostilities.

17 ‘‘SEC. 7. CONGRESSIONAL EXPEDITED PROCEDURES.

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

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

20 a joint resolution—

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

22 use of the Armed Forces in hostilities, so long as

23 that resolution contains only provisions which are

24 relevant to those hostilities; and
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1 ‘‘(2) that is introduced after the President has

2 submitted a written request to the Congress for en3 actment of such an authorization with respect to

4 those or related hostilities.

5 ‘‘(b) PROCEDURE IN HOUSE OF REPRESENTA6 TIVES.—(1) This subsection applies to the consideration

7 of a privileged resolution in the House of Representatives.

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

9 of Representatives shall be referred, upon introduction, to

10 the Committee on International Relations. A privileged

11 resolution shall not be sequentially referred.

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

13 introduction of a privileged resolution, the Committee on

14 International Relations has not reported that resolution,

15 that committee shall be discharged from further consider16 ation of that resolution and that resolution shall be placed

17 on the appropriate calendar of the House.

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

19 the appropriate calendar, no other resolution with respect

20 to the same or related hostilities may be reported by or

21 be discharged from any committee under this subsection

22 while the first resolution—

23 ‘‘(i) is before the House of Representatives (in24 cluding remaining on the calendar),
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1 ‘‘(ii) is before the Senate (including remaining

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

3 on final passage with respect to the resolution and

4 a majority of those voting did not vote in the affirm5 ative,

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

7 otherwise awaiting disposition of amendments be8 tween the Houses, or

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

10 is before the President.

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

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

13 for any Member of the House of Representatives to move

14 that the House resolve itself into the Committee of the

15 Whole House on the State of the Union for the consider16 ation of that resolution. The motion is highly privileged.

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

18 a previous motion to the same effect has been disagreed

19 to.

20 ‘‘(B) All points of order against a privileged resolu21 tion and consideration of the resolution are waived. If the

22 motion under subparagraph (A) is agreed to, the privi23 leged resolution shall remain the unfinished business of

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

25 business (other than a motion to adjourn), except as pro-
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1 vided in paragraph (5)(A). A motion to reconsider the vote

2 by which the motion is disagreed to is not in order.

3 ‘‘(C) General debate on a privileged resolution shall

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

5 a Member favoring and a Member opposing the resolution.

6 ‘‘(D)(i) At the conclusion of general debate, a privi7 leged resolution shall be considered for amendment under

8 the 5-minute rule.

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

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

11 amendments shall be in order.

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

13 on each amendment, and any amendments thereto, shall

14 not exceed one hour. If the Committee on International

15 Relations reports an amendment in the nature of a sub16 stitute to the text of a privileged resolution, that amend17 ment shall be considered to be original text for purposes

18 of amendment and debate on each amendment to that

19 amendment, and any amendments thereto, shall not ex20 ceed one hour.

21 ‘‘(E) At the conclusion of consideration of amend22 ments to a privileged resolution, the Committee of the

23 Whole shall rise and report the resolution back to the

24 House, and the previous question shall be considered as

25 ordered on the resolution, with any amendments adopted
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1 in the Committee of the Whole, to final passage without

2 intervening motion, except one motion to recommit with

3 or without instructions.

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

5 before the passage by the House of Representatives of a

6 privileged resolution of the House, the House receives a

7 privileged resolution from the Senate with respect to the

8 same or related hostilities, then the following procedures

9 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, then the resolution of the Senate shall be re11 ferred to the appropriate committee or committees, and

12 the procedures in the House with respect to that resolu13 tion shall be the same under this subsection as if the reso14 lution received had been introduced in the House.

15 ‘‘(C) If the House receives from the Senate a privi16 leged resolution after the House has disposed of an iden17 tical privileged resolution, it shall be in order to proceed

18 by a highly privileged, nondebatable motion to consider19 ation of the resolution of the Senate, and that resolution

20 shall be disposed of without debate and without amend21 ment.

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

23 Senate to a privileged resolution of the House and request

24 or agree to a conference with the Senate, or a motion to

25 insist on the House amendments to a privileged resolution
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1 of the Senate and request or agree to a conference of the

2 Senate, is highly privileged.

3 ‘‘(7)(A) If the conferees are unable to agree on resolv4 ing the differences between the two Houses with respect

5 to a privileged resolution within 72 hours after the second

6 House is notified that the first House has agreed to con7 ference, they shall report back to their respective House

8 in disagreement.

9 ‘‘(B) Notwithstanding any rule of the House of Rep10 resentatives concerning the printing of conference reports

11 in the Congressional Record or concerning any delay in

12 the consideration of such reports, a conference report with

13 respect to a privileged resolution, including a report filed

14 in disagreement, shall be acted on in the House of Rep15 resentatives not later than 2 session days after the first

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

17 first, the report has been available for 2 hours. The con18 ference report (and any amendment reported in disagree19 ment) shall be deemed to have been read. Debate on such

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

21 divided between, and controlled by the Majority Leader

22 and the Minority Leader (or their designees).

23 ‘‘(C) As used in subparagraph (B), the term ‘session

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

25 convenes.
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1 ‘‘(8) This subsection is enacted by the House of

2 Representatives—

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

4 the House of Representatives, and as such it is

5 deemed a part of the rules of the House, but appli6 cable only with respect to the procedure to be fol7 lowed in the House in the case of a privileged resolu8 tion, and it supersedes other rules only to the extent

9 that it is inconsistent with such rules; and

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

11 right of the House to change its rules (so far as re12 lating to the procedure of the House) at any time,

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

14 the case of any other rule of the House.

15 ‘‘(c) PROCEDURES IN THE SENATE.—(1) This sub16 section applies to the consideration of a privileged resolu17 tion in the Senate.

18 ‘‘(2) For purposes of this subsection, the term ‘ses19 sion days’ means days on which the Senate is in session.

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

21 shall be referred to the Committee on Foreign Relations.

22 ‘‘(4)(A) If the Committee on Foreign Relations has

23 not reported a privileged resolution (or an identical resolu24 tion) at the end of 7 calendar days after the introduction

25 of that resolution, that committee shall be discharged from
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1 further consideration of that resolution, and that resolu2 tion shall be placed on the appropriate calendar of the

3 Senate.

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

5 a privileged resolution, no other resolution with respect to

6 the same or related hostilities may be reported by or be

7 discharged from such committee while the first

8 resolution—

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

10 on the calendar),

11 ‘‘(ii) is before the House of Representatives (in12 cluding remaining on the calendar), unless the

13 House has had a vote on final passage with respect

14 to the resolution and a majority of those voting did

15 not vote in the affirmative,

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

17 otherwise awaiting disposition of amendments be18 tween the Houses, or

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

20 is before the President.

21 ‘‘(5)(A)(i) When the committee to which a privileged

22 resolution is referred has reported, or has been discharged

23 under paragraph (4) from further consideration of that

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

25 though a previous motion to the same effect has been dis-
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1 agreed to) for any Member of the Senate to move to pro2 ceed to the consideration of the resolution, notwith3 standing any rule or precedent of the Senate, including

4 Rule 22. Except as provided in clause (ii) of this subpara5 graph or subparagraph (B) of this paragraph (insofar as

6 it relates to germaneness and relevancy of amendments),

7 all points of order against a privileged resolution and con8 sideration of the resolution are waived. The motion is priv9 ileged and is not debatable. The motion is not subject to

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

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

12 order, except that such motion may not be entered for fu13 ture disposition. If a motion to proceed to the consider14 ation of a privileged resolution is agreed to, the resolution

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

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

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

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

19 against the privileged status of a resolution that has been

20 laid before the Senate and been initially identified as privi21 leged for consideration under this subsection upon its in22 troduction, such point of order shall be submitted directly

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

24 privileged under the War Powers Resolution’, shall be de25 cided by the yeas and the nays after four hours of debate,
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1 equally divided between, and controlled by, the Member

2 raising the point of order and the manager of the resolu3 tion, except that in the event the manager is in favor of

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

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

6 point of order shall not be considered to establish prece7 dent for determination of future cases.

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

9 resolution, and all amendments and debatable motions in

10 connection therewith, shall be limited to not more than

11 12 hours, which, except as otherwise provided in this sub12 section, shall be equally divided between, and controlled

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

14 their designees. The Majority Leader or the Minority

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

16 control on the resolution, allot additional time to any Sen17 ator during the consideration of any amendment, debat18 able motion, or appeal.

19 ‘‘(ii) Only amendments which are germane and rel20 evant to a privileged resolution are in order.

21 ‘‘(iii) Debate on any amendment to a privileged reso22 lution shall be limited to two hours, except that this limita23 tion does not apply to an amendment in the nature of a

24 substitute to the text of the resolution that is reported
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1 by the Committee on Foreign Relations. Debate on any

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

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

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

5 of the amendment and the manager of the resolution, ex6 cept that in the event the manager is in favor of any such

7 amendment, the time in opposition thereto shall be con8 trolled by the Minority Leader or his designee.

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

10 order to be offered under a one-hour time limitation imme11 diately following the expiration of the 12-hour time limita12 tion if the Minority Leader has had no opportunity prior

13 thereto to offer an amendment to the privileged resolution.

14 One amendment may be offered to the amendment of the

15 Minority Leader under the preceding sentence, and debate

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

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

18 mover of the amendment and the manager of the resolu19 tion, except that in the event the manager is in favor of

20 any such amendment, the time in opposition thereto shall

21 be controlled by the Minority Leader or his designee.

22 ‘‘(vi) A motion to postpone or a motion to recommit

23 a privileged resolution is not in order. A motion to recon24 sider the vote by which a privileged resolution is agreed

25 to or disagreed to is in order, except that such motion
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1 may not be entered for future disposition, and debate on

2 such motion shall be limited to 1 hour.

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

4 resolution has been used or yielded back, no further

5 amendments may be proposed, except as provided in sub6 paragraph (B)(iii), and the vote on the adoption of the

7 resolution shall occur without any intervening motion or

8 amendment, except that a single quorum call at the con9 clusion of the debate if requested in accordance with the

10 rules of the Senate may occur immediately before such

11 vote.

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

13 to the application of the Rules of the Senate to the proce14 dure relating to a privileged resolution shall be limited to

15 one-half hour of debate, equally divided between, and con16 trolled by, the Member making the appeal and the man17 ager of the resolution, except that in the event the man18 ager is in favor of any such appeal, the time in opposition

19 thereto shall be controlled by the Minority Leader or his

20 designee.

21 ‘‘(6)(A) Except as provided in subparagraph (B), if,

22 before the passage by the Senate of a privileged resolution

23 of the Senate, the Senate receives a priviledged resolution

24 from the House of Representatives with respect to the
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1 same or related hostilities, then the following procedures

2 shall apply:

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

4 Representatives shall not be referred to a committee.

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

6 the Senate—

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

8 the same as if no resolution had been received

9 from the House of Representatives; but

10 ‘‘(II) the resolution of the House of Rep11 resentatives shall be considered to have been

12 read for the third time; the vote on final pas13 sage shall be on the resolution of the House of

14 Representatives (if such resolutions are iden15 tical) or on the resolution of the House of Rep16 resentatives (if not identical), with the text of

17 the resolution of the Senate inserted in lieu of

18 the text of the resolution of the House of Rep19 resentatives; and such vote on final passage

20 shall occur without debate or any intervening

21 action.

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

23 received from the House of Representatives, it shall

24 no longer be in order to consider the resolution origi25 nated in the Senate.
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1 ‘‘(B) If the Senate receives a privileged resolution

2 from the House of Representatives before any privileged

3 resolution is introduced in the Senate with respect to the

4 same or related hostilities, then the resolution received

5 shall be referred to the Committee on Foreign Relations,

6 and the procedures in the Senate with respect to that reso7 lution shall be the same under this section as if the resolu8 tion received had been introduced in the Senate.

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

10 from the House of Representatives after the Senate has

11 disposed of an identical privileged resolution, it shall be

12 in order to proceed by nondebatable motion to consider13 ation of the resolution received by the Senate, and that

14 resolution shall be disposed of without debate and without

15 amendment.

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

17 motions required for the disposition of amendments be18 tween the Houses shall not exceed 2 hours, equally divided

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

20 the manager of the resolution at each stage of the pro21 ceedings between the two Houses, except that in the event

22 the manager is in favor of any such motion, the time in

23 opposition thereto shall be controlled by the Minority

24 Leader or his designee. In the case of any disagreement

25 between the two Houses of Congress with respect to a
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1 privileged resolution which is not resolved, any Senator

2 may make any motion or motions referred to in this clause

3 within 2 session days after action by the second House

4 or before the appointment of conferees, whichever comes

5 first.

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

7 within 72 hours after the second House is notified that

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

9 back to their respective House in disagreement.

10 ‘‘(iii) Notwithstanding any rule in the Senate con11 cerning the printing of conference reports in the Congres12 sional Record or concerning any delay in the consideration

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

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

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

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

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

18 Debate in the Senate on a conference report or a report

19 filed or returned in disagreement on any such resolution

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

21 controlled by, the Majority Leader and the Minority Lead22 er, and their designees.

23 ‘‘(B) If a privileged resolution is vetoed by the Presi24 dent, the time for debate in consideration of the veto mes25 sage on such measure shall be limited to 20 hours in the
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1 Senate, equally divided between, and controlled by, the

2 Majority Leader and the Minority Leader, and their des3 ignees.

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

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

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

7 of the Senate but applicable only with respect to the

8 procedure to be followed in the Senate in the case

9 of a privileged resolution, and it supersedes other

10 rules only to the extent that it is inconsistent with

11 such rules; and

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

13 right of the Senate to change its rules (so far as re14 lating to the procedure of the Senate) at any time,

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

16 the case of any other rule of the Senate.

17 ‘‘SEC. 8. JUDICIAL REVIEW.

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

19 Member of Congress may bring an action in the United

20 States District Court for the District of Columbia for de21 claratory judgment and injunctive relief on the ground

22 that the President or the Armed Forces have not complied

23 with any provision of this joint resolution.

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

25 subsection (a), the court shall not decline to make a deter-
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1 mination on the merits on the ground that the issue of

2 compliance is a political question or is otherwise nonjus3 ticiable.

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

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

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

7 the Congress that the court—

8 ‘‘(1) infer congressional disapproval of the in9 volvement of the Armed Forces in hostilities; and

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

11 Congress and the Executive which requires judicial

12 resolution.

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

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

15 accord such action the highest priority and shall announce

16 its judgment as speedily as the requirements of Article III

17 of the Constitution permit.

18 ‘‘(e) JUDICIAL REMEDY.—(1) If the court in an ac19 tion described in subsection (a) finds that the President

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

21 this joint resolution, the court shall—

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

23 and

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

25 Forces were introduced into hostilities.
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1 ‘‘(2) If the court in an action described in subsection

2 (a) finds that section 3 or section 6(b) of this joint resolu3 tion has been violated, the court shall direct the President

4 to remove the Armed Forces from the hostilities. The

5 Armed Forces shall be removed pursuant to the court’s

6 order—

7 ‘‘(A) immediately, or

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

9 to the Congress in writing that unavoidable military

10 necessity respecting the safety of the Armed Forces

11 requires the continued use of the Armed Forces in

12 the course of bringing about their prompt removal

13 from hostilities, within a period not to exceed 30

14 days after the order is issued.

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

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

17 States Supreme Court.

18 ‘‘SEC. 9. RULES OF INTERPRETATION.

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

20 to introduce the Armed Forces into hostilities shall not

21 be inferred—

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

23 provision in effect before the date of enactment of

24 this joint resolution), including any provision con25 tained in any appropriation Act, unless that provi-
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1 sion specifically authorizes the introduction of the

2 Armed Forces into hostilities and states that it is in3 tended to constitute specific statutory authorization

4 within the meaning of this joint resolution; or

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

6 ratified unless that treaty is implemented by legisla7 tion specifically authorizing the introduction of the

8 Armed Forces into hostilities and stating that it is

9 intended to constitute specific statutory authoriza10 tion within the meaning of this joint resolution.

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

12 failure of the Congress to adopt a measure—

13 ‘‘(1) terminating, limiting, or prohibiting the in14 volvement of the Armed Forces in hostilities, or

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

16 Forces are acting in violation of this joint resolution,

17 may not be construed as indicating congressional author18 ization or approval of, or acquiescence in, the involvement

19 of the Armed Forces in any hostilities or as a finding by

20 the Congress that such involvement is consistent with this

21 joint resolution.

22 ‘‘SEC. 10. DEFINITIONS.

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

24 definitions apply:
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1 ‘‘(1) ARMED FORCES.—The term ‘Armed

2 Forces’ means the armed forces of the United

3 States.

4 ‘‘(2) HOSTILITIES.—The term ‘hostilities’ in5 cludes a situation where overt acts of warfare are

6 taking place, such as—

7 ‘‘(A) the exchange of fire between regular

8 or irregular military forces, or

9 ‘‘(B) the aerial or naval bombardment of

10 military or civilian targets by regular or irreg11 ular military forces,

12 regardless of whether the Armed Forces are partici13 pating in the exchange of fire or the bombardment;

14 ‘‘(3) INTRODUCE.—The term ‘introduce’

15 includes—

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

17 other involvement of the Armed Forces in hos18 tilities, including the taking of self-defense

19 measures by the Armed Forces in response to

20 an attack or threatened attack;

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

22 of the Armed Forces to command, coordinate,

23 participate in the movement of, accompany, or

24 provide logistical support or training for any

25 foreign regular or irregular military forces if
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1 those forces are involved in hostilities (regard2 less of whether those hostilities involve insur3 gent forces or the military forces of a foreign

4 country); and

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

6 of the Armed Forces to an operation authorized

7 by the United Nations Security Council under

8 chapter VII of the United Nations Charter.

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

10 ‘United States’ and ‘country’, when used in a geo11 graphic sense, include territories and possessions.

12 ‘‘SEC. 11. SEPARABILITY CLAUSE.

13 ‘‘If any provision of this joint resolution or the appli14 cation thereof to any person or circumstance is held in15 valid, the remainder of the joint resolution and the appli16 cation of such provision to any other person or cir17 cumstance shall not be affected thereby.’’.

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