II 

113TH CONGRESS 

2D SESSION S. 1939 

To repeal the War Powers Resolution and to provide for proper war powers 

consultation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2014 

Mr. KAINE (for himself, Mr. MCCAIN, and Mr. KING) introduced the following 

bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To repeal the War Powers Resolution and to provide for 

proper war powers consultation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘War Powers Consulta5 tion Act of 2014’’. 

6 SEC. 2. FINDINGS; PURPOSE. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) The War Powers Resolution (50 U.S.C. 

10 1541 et seq.) has not worked as intended, and has 


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1 added to the divisiveness and uncertainty that exists 

2 regarding the war powers of the President and Con3 gress. 

4 (2) The American people want both the Presi5 dent and Congress involved in the decisionmaking 

6 process when United States Armed Forces are com7 mitted to significant armed conflict, and the involve8 ment of both branches is important in building do9 mestic understanding and political support for doing 

10 so and ensuring the soundness of the resulting deci11 sion. 

12 (3) Past efforts to call upon the judicial branch 

13 to define the constitutional limits of the war powers 

14 of the executive and legislative branches of govern15 ment have generally failed because courts, for the 

16 most part, have declined jurisdiction on the grounds 

17 that the issues involved are ‘‘political questions’’ or 

18 that the plaintiffs lack standing. 

19 (4) It harms the country to have the War Pow20 ers Resolution, the centerpiece statute in this vital 

21 area of United States law, regularly and openly 

22 questioned or ignored. 

23 (5) The country needs to replace the War Pow24 ers Resolution with a constructive means by which 

25 the judgment of both the President and Congress 


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1 can be brought to bear when deciding whether the 

2 United States should engage in a significant armed 

3 conflict, without prejudice to the rights of either 

4 branch to assert its constitutional war powers or to 

5 challenge the constitutional war powers of the other 

6 branch. 

7 (b) PURPOSE.—The purpose of this Act is to estab8 lish a constructive and practical means by which the judg9 ment of both the President and Congress can be brought 

10 to bear when deciding whether the United States should 

11 engage in a significant armed conflict. This Act is not 

12 meant to define, circumscribe, or enhance the constitu13 tional war powers of either the executive or legislative 

14 branch of government, and neither branch by supporting 

15 or complying with this Act shall in any way limit or preju16 dice its right or ability to assert its constitutional war pow17 ers or its right or ability to question or challenge the con18 stitutional war powers of the other branch. 

19 SEC. 3. SIGNIFICANT ARMED CONFLICT DEFINED. 

20 (a) IN GENERAL.—In this Act, except as provided 

21 under paragraph (2), the term ‘‘significant armed con22 flict’’ means any conflict expressly authorized by Con23 gress, or any combat operation involving members of the 

24 Armed Forces lasting more than a week or expected by 

25 the President to last more than a week. 


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1 (b) EXCEPTIONS.—The term ‘‘significant armed con2 flict’’ does not include any commitment of members of the 

3 Armed Forces for the following purposes: 

4 (1) Actions taken by the President to repel at5 tacks, or to prevent imminent attacks, on the United 

6 States, its territorial possessions, its embassies, its 

7 consulates, or its Armed Forces abroad. 

8 (2) Limited acts of reprisal against terrorists or 

9 states that sponsor terrorism. 

10 (3) Humanitarian missions in response to nat11 ural disasters. 

12 (4) Investigations or acts to prevent criminal 

13 activity abroad. 

14 (5) Covert operations. 

15 (6) Training exercises. 

16 (7) Missions to protect or rescue United States 

17 citizens or military or diplomatic personnel abroad. 

18 SEC. 4. REPEAL OF WAR POWERS RESOLUTION. 

19 The War Powers Resolution (50 U.S.C. 1541 et seq.) 

20 is hereby repealed. 

21 SEC. 5. JOINT CONGRESSIONAL CONSULTATION COM22 MITTEE. 

23 (a) ESTABLISHMENT.—There is established the Joint 

24 Congressional Consultation Committee. 

25 (b) MEMBERSHIP.— 


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1 (1) COMPOSITION.—The Commission shall be 

2 composed of the following members: 

3 (A) The majority leader of the Senate and 

4 the Speaker of the House of Representatives. 

5 (B) The minority leaders of the Senate 

6 and the House of Representatives. 

7 (C) The chairman and ranking member of 

8 each of the following committees of the Senate: 

9 (i) The Committee on Foreign Rela10 tions. 

11 (ii) The Committee on Armed Serv12 ices. 

13 (iii) The Select Committee on Intel14 ligence. 

15 (iv) The Committee on Appropria16 tions. 

17 (D) The chairman and ranking member of 

18 each of the following committees of the House 

19 of Representatives: 

20 (i) The Committee on Foreign Affairs. 

21 (ii) The Committee on Armed Serv22 ices. 

23 (iii) The Permanent Select Committee 

24 on Intelligence. 


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1 (iv) The Committee on Appropria2 tions. 

3 (c) CHAIRMANSHIP.—The chairmanship and vice 

4 chairmanship of the Joint Congressional Consultation 

5 Committee shall alternate between the majority leader of 

6 the Senate and the Speaker of the House of Representa7 tives, with the former serving as the chairman in each odd8 numbered Congress and the latter serving as the chairman 

9 in each even-numbered Congress. 

10 (d) STAFF OF JOINT COMMITTEE.—The chairman 

11 and vice chairman of the Joint Congressional Consultation 

12 Committee may jointly appoint and fix the compensation 

13 of a permanent, bipartisan staff as they deem necessary, 

14 within the guidelines for employees of the Senate and fol15 lowing all applicable rules and employment requirements 

16 of the Senate. The staff shall have access to all relevant 

17 national security and intelligence information considered 

18 by the Committee. 

19 SEC. 6. CONSULTATION AND REPORTING. 

20 (a) REGULAR CONSULTATION.—The President shall 

21 consult regularly with the Joint Congressional Consulta22 tion Committee regarding significant matters of foreign 

23 policy and national security. 


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1 (b) CONSULTATION AND REPORTING REQUIRED

2 PRIOR TO ENGAGEMENT IN SIGNIFICANT ARMED CON3 FLICTS.— 

4 (1) IN GENERAL.—Before ordering the deploy5 ment of members of the Armed Forces into a signifi6 cant armed conflict, the President shall— 

7 (A) consult with the Joint Congressional 

8 Consultation Committee, including providing 

9 sufficient time for the exchange of views regard10 ing whether to engage in the significant armed 

11 conflict; and 

12 (B) submit in writing to the Joint Con13 gressional Consultation Committee a classified 

14 report setting forth the circumstances necessi15 tating the significant armed conflict, the objec16 tives, and the estimated scope and duration of 

17 the conflict. 

18 (2) EXCEPTION.—If the President determines 

19 that the need for secrecy or other emergency cir20 cumstances preclude carrying out the consultation 

21 required under subparagraph (A) of paragraph (1) 

22 or submitting the report required under subpara23 graph (B) of such paragraph before significant 

24 armed conflict is ordered or begins, the President 

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1 port not later than three calendar days after the be2 ginning of the significant armed conflict. 

3 (c) ONGOING CONSULTATION DURING SIGNIFICANT

4 ARMED CONFLICTS.—The President shall consult with the 

5 Joint Congressional Consultation Committee at least every 

6 two months for the duration of any significant armed con7 flict. 

8 (d) ANNUAL REPORT.—Not later than April 15 of 

9 each year, the President shall submit to the Joint Con10 gressional Consultation Committee a classified written re11 port describing, for the previous calendar year— 

12 (1) all significant armed conflicts in which the 

13 United States was engaged; and 

14 (2) all other operations, as described in section 

15 3(b), other than covert operations, in which the 

16 United States was engaged. 

17 SEC. 7. CONGRESSIONAL APPROVAL OR DISAPPROVAL. 

18 (a) JOINT RESOLUTION OF APPROVAL.— 

19 (1) REQUIREMENT.—Not later than 30 days 

20 after the deployment of members of the Armed 

21 Forces into a significant armed conflict with respect 

22 to which Congress has not enacted a formal declara23 tion of war or otherwise enacted a specific authoriza24 tion for the use of military force, the chair and vice 


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1 chair of the Joint Congressional Consultative Com2 mittee shall introduce a joint resolution of approval. 

3 (2) CONTENTS OF RESOLUTION.—For purposes 

4 of this subsection, the term ‘‘joint resolution of ap5 proval’’ means a joint resolution the sole matter 

6 after the resolving clause of which is as follows: 

7 ‘‘That Congress approves the use of members of the 

8 Armed Forces for the significant armed conflict cov9 ered in the report submitted to the Joint Congres10 sional Consultation Committee pursuant to section 

11 6(b) of the War Powers Consultation Act of 2014 on 

12 lll.’’, with the blank space being filled with the 

13 appropriate date. 

14 (3) REFERRAL TO COMMITTEE.—A joint resolu15 tion of approval introduced in the Senate shall be re16 ferred to the Committee on Foreign Relations of the 

17 Senate. A joint resolution of approval introduced in 

18 the House of Representatives shall be referred to the 

19 Committee on Foreign Affairs of the House of Rep20 resentatives. 

21 (4) DISCHARGE OF COMMITTEE.—If the com22 mittee to which is referred a joint resolution of ap23 proval has not reported such resolution (or an iden24 tical resolution) at the end of 7 calendar days after 

25 its introduction, such committee shall be deemed to 


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1 be discharged from further consideration of such 

2 resolution and such resolution shall be placed on the 

3 appropriate calendar of the House involved. 

4 (5) FLOOR CONSIDERATION.— 

5 (A) IN GENERAL.—When the committee to 

6 which a resolution is referred has reported, or 

7 has been deemed to be discharged (under para8 graph (4)) from further consideration of, a joint 

9 resolution of approval, it is at any time there10 after in order (even though a previous motion 

11 to the same effect has been disagreed to) for 

12 any Member of the respective House to move to 

13 proceed to the consideration of the resolution, 

14 and all points of order against the resolution 

15 (and against consideration of the resolution) 

16 are waived. The motion is highly privileged in 

17 the House of Representatives and is privileged 

18 in the Senate and is not debatable. The motion 

19 is not subject to amendment, or to a motion to 

20 postpone, or to a motion to proceed to the con21 sideration of other business. A motion to recon22 sider the vote by which the motion is agreed to 

23 or disagreed to shall not be in order. If a mo24 tion to proceed to the consideration of the reso25 lution is agreed to, the resolution shall remain 


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1 the unfinished business of the respective House 

2 until disposed of. 

3 (B) DEBATE.—Debate on the resolution, 

4 and on all debatable motions and appeals in 

5 connection therewith, shall be limited to not 

6 more than 10 hours, which shall be divided 

7 equally between those favoring and those oppos8 ing the resolution. A motion further to limit de9 bate is in order and not debatable. An amend10 ment to, or a motion to postpone, or a motion 

11 to proceed to the consideration of other busi12 ness, or a motion to recommit the resolution is 

13 not in order. A motion to reconsider the vote by 

14 which the resolution is agreed to or disagreed to 

15 is not in order. 

16 (C) VOTE ON FINAL PASSAGE.—Imme17 diately following the conclusion of the debate on 

18 the joint resolution of approval and a single 

19 quorum call at the conclusion of the debate if 

20 requested in accordance with the rules of the 

21 appropriate House, the vote on final passage of 

22 the resolution shall occur. 

23 (D) RULINGS OF THE CHAIR ON PROCE24 DURE.—Appeals from the decisions of the Chair 

25 relating to the application of the rules of the 


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1 Senate or the House of Representatives, as the 

2 case may be, to the procedure relating to a joint 

3 resolution of approval shall be decided without 

4 debate. 

5 (6) COORDINATION WITH ACTION BY OTHER

6 HOUSE.—If, before the passage by one House of a 

7 joint resolution of approval of that House, that 

8 House receives from the other House a joint resolu9 tion of approval, then the following procedures shall 

10 apply: 

11 (A) The resolution of the other House shall 

12 not be referred to a committee. 

13 (B) With respect to the joint resolution of 

14 approval of the House receiving the resolu15 tion— 

16 (i) the procedure in that House shall 

17 be the same as if no resolution had been 

18 received from the other House; but 

19 (ii) the vote on final passage shall be 

20 on the resolution of the other House. 

21 (7) RULES OF HOUSE OF REPRESENTATIVES

22 AND SENATE.—This subsection is enacted by Con23 gress— 

24 (A) as an exercise of the rulemaking power 

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1 spectively, and as such it is deemed a part of 

2 the rules of each House, respectively, but appli3 cable only with respect to the procedure to be 

4 followed in that House in the case of a joint 

5 resolution of approval, and it supersedes other 

6 rules only to the extent that it is inconsistent 

7 with such rules; and 

8 (B) with full recognition of the constitu9 tional right of either House to change the rules 

10 (so far as relating to the procedure of that 

11 House) at any time, in the same manner and 

12 to the same extent as in the case of any other 

13 rule of that House. 

14 (b) JOINT RESOLUTION OF DISAPPROVAL.— 

15 (1) CONTENTS OF RESOLUTION.—For purposes 

16 of this subsection, the term ‘‘joint resolution of dis17 approval’’ means a joint resolution introduced in a 

18 House after that House has voted against passage of 

19 a joint resolution of approval under subsection (a), 

20 the sole matter after the resolving clause of which is 

21 as follows: ‘‘That Congress disapproves the use of 

22 members of the Armed Forces for the significant 

23 armed conflict covered in the report submitted to the 

24 Joint Congressional Consultation Committee pursu25 ant to section 6(b) of the War Powers Consultation 


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1 Act of 2014 on lll.’’, with the blank space being 

2 filled with the appropriate date. 

3 (2) FLOOR CONSIDERATION.— 

4 (A) IN GENERAL.—After a joint resolution 

5 of disapproval has been introduced under this 

6 subsection, it is at any time thereafter in order 

7 (even though a previous motion to the same ef8 fect has been disagreed to) for any Member of 

9 the respective House to move to proceed to the 

10 consideration of the resolution, and all points of 

11 order against the resolution (and against con12 sideration of the resolution) are waived. The 

13 motion is highly privileged in the House of Rep14 resentatives and is privileged in the Senate and 

15 is not debatable. The motion is not subject to 

16 amendment, or to a motion to postpone, or to 

17 a motion to proceed to the consideration of 

18 other business. A motion to reconsider the vote 

19 by which the motion is agreed to or disagreed 

20 to shall not be in order. If a motion to proceed 

21 to the consideration of the resolution is agreed 

22 to, the resolution shall remain the unfinished 

23 business of the respective House until disposed 

24 of. 


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1 (B) DEBATE.—Debate on the resolution, 

2 and on all debatable motions and appeals in 

3 connection therewith, shall be limited to not 

4 more than 10 hours, which shall be divided 

5 equally between those favoring and those oppos6 ing the resolution. A motion further to limit de7 bate is in order and not debatable. An amend8 ment to, or a motion to postpone, or a motion 

9 to proceed to the consideration of other busi10 ness, or a motion to recommit the resolution is 

11 not in order. A motion to reconsider the vote by 

12 which the resolution is agreed to or disagreed to 

13 is not in order. 

14 (C) VOTE ON FINAL PASSAGE.—Imme15 diately following the conclusion of the debate on 

16 the joint resolution of disapproval and a single 

17 quorum call at the conclusion of the debate if 

18 requested in accordance with the rules of the 

19 appropriate House, the vote on final passage of 

20 the resolution shall occur. 

21 (D) RULINGS OF THE CHAIR ON PROCE22 DURE.—Appeals from the decisions of the Chair 

23 relating to the application of the rules of the 

24 Senate or the House of Representatives, as the 

25 case may be, to the procedure relating to a joint 


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1 resolution of disapproval shall be decided with2 out debate. 

3 (3) COORDINATION WITH ACTION BY OTHER

4 HOUSE.—If, before the passage by one House of a 

5 joint resolution of disapproval of that House, that 

6 House receives from the other House a joint resolu7 tion of disapproval, then the following procedures 

8 shall apply: 

9 (A) The resolution of the other House shall 

10 not be referred to a committee. 

11 (B) With respect to the joint resolution of 

12 disapproval of the House receiving the resolu13 tion— 

14 (i) the procedure in that House shall 

15 be the same as if no resolution had been 

16 received from the other House; but 

17 (ii) the vote on final passage shall be 

18 on the resolution of the other House. 

19 (4) RULES OF HOUSE OF REPRESENTATIVES

20 AND SENATE.—This subsection is enacted by Con21 gress— 

22 (A) as an exercise of the rulemaking power 

23 of the Senate and House of Representatives, re24 spectively, and as such it is deemed a part of 

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1 cable only with respect to the procedure to be 

2 followed in that House in the case of a joint 

3 resolution of disapproval, and it supersedes 

4 other rules only to the extent that it is incon5 sistent with such rules; and 

6 (B) with full recognition of the constitu7 tional right of either House to change the rules 

8 (so far as relating to the procedure of that 

9 House) at any time, in the same manner and 

10 to the same extent as in the case of any other 

11 rule of that House. 

12 (c) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed as limiting or otherwise affecting 

14 the right of any Member of Congress to introduce a resolu15 tion or bill approving, disapproving, expanding, narrowing, 

16 or ending a significant armed conflict. 

17 SEC. 8. TREATIES. 

18 Nothing in this Act shall be construed as modifying 

19 any obligations of the United States under any treaty or 

20 international agreement. 

21 SEC. 9. SEVERABILITY. 

22 If any provision of this Act, or the application of a 

23 provision to any person or circumstance, is held to be un24 constitutional, the remainder of the Act, and the applicaVerDate Mar 15 2010 06:57 Jan 17, 2014 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1939.IS S1939

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1 tion of the provisions to any person or circumstance, shall 

2 not be affected by the holding. 

Æ 


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