IA

103D CONGRESS

1ST SESSION H. J. RES. 284

To amend the War Powers Resolution.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 27, 1993

Mr. DEFAZIO (for himself, Mr. ABERCROMBIE, Ms. FURSE, Mr. LIPINSKI, Mr.

HINCHEY, Mr. SANDERS, Ms. WOOLSEY, and Mr. HAMBURG) introduced

the following joint resolution; which was referred jointly to the Committee

on Foreign Affairs and Rules

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 1993’’.
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1 SEC. 2. REVISION OF WAR POWERS RESOLUTION.

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

3 is amended by striking out all after the resolving clause

4 and inserting in lieu thereof the following:

5 ‘‘SECTION 1. SHORT TITLE.

6 ‘‘This joint resolution may be cited as the ‘War Pow7 ers Resolution’.

8 ‘‘SEC. 2. PURPOSE; CONGRESSIONAL LEGISLATIVE AU9 THORITY.

10 ‘‘(a) PURPOSE.—It is the purpose of this joint resolu11 tion to fulfill the intent of the framers of the Constitution

12 of the United States and ensure that the collective judg13 ment of both the Congress and the President will apply

14 to—

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

16 hostilities or into situations where imminent involve17 ment in hostilities is clearly indicated by the cir18 cumstances, and

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

20 hostilities or in such situations.

21 ‘‘(b) CONGRESSIONAL LEGISLATIVE AUTHORITY.—

22 Among the powers granted to the Congress by the Con23 stitution are—

24 ‘‘(1) the power to declare war;
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1 ‘‘(2) the power of the purse (‘No Money shall

2 be drawn from the Treasury, but in Consequence of

3 Appropriations made by Law’); and

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

5 proper for carrying into execution not only its own

6 powers but also all other powers vested by the Con7 stitution in the Government of the United States, or

8 in any department or officer thereof.

9 ‘‘SEC. 3. EMERGENCY USES OF THE ARMED FORCES IN HOS10 TILITIES.

11 ‘‘(a) IN GENERAL.—The Armed Forces may be intro12 duced into hostilities, or situations where imminent in13 volvement in hostilities is clearly indicated by the cir14 cumstances, only as follows:

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

16 declaration of war by the Congress.

17 ‘‘(2) SPECIFIC STATUTORY AUTHORIZATION.—

18 In accordance with a specific statutory authoriza19 tion.

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

21 the extent necessary—

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

23 United States;
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1 ‘‘(B) to take necessary and appropriate re2 taliatory actions in the event of such an attack;

3 or

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

5 threat of such an attack.

6 ‘‘(4) ARMED ATTACK ON THE ARMED

7 FORCES.—To the extent necessary—

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

9 Armed Forces located outside the United

10 States; or

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

12 threat of such an attack.

13 ‘‘(5) EVACUATION OF UNITED STATES CITI14 ZENS.—To the extent necessary to protect United

15 States citizens or nationals while evacuating them as

16 rapidly as possible from a situation, outside the

17 United States, that directly and imminently threat18 ens their lives or liberty and—

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

20 liberty is contrary to international law or is oth21 erwise illegal; and

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

23 threat is within a foreign country, the threat is

24 supported by the government of that country or
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1 the government of that country is unable or un2 willing to control the situation.

3 The President shall make every effort to terminate

4 any such threat without using the Armed Forces.

5 Before using the Armed Forces to protect United

6 States citizens or nationals being evacuated from a

7 foreign country in accordance with this paragraph,

8 the President shall, where possible, obtain the con9 sent of the government of that country.

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

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

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

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

14 4, 5, and 6; and

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

16 Forces which are used and the manner in which they

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

18 achieve the purpose described in that paragraph.

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

20 otherwise made available under any law may not be obli21 gated or expended for any introduction, other than an in22 troduction described in subsection (a), of the Armed

23 Forces into hostilities or situations where imminent in24 volvement in hostilities is clearly indicated by the cir25 cumstances.
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1 ‘‘SEC. 4. CONSULTATION BETWEEN THE PRESIDENT AND

2 CONGRESS.

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

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

5 Congress before the Armed Forces are introduced into

6 hostilities, or situations where imminent involvement in

7 hostilities is clearly indicated by the circumstances, in ac8 cordance with paragraph (3), (4), or (5) of section 3(a).

9 After every such introduction, the President shall consult

10 regularly with the Congress until the Armed Forces are

11 no longer in hostilities or situations where imminent in12 volvement in hostilities is clearly indicated by the cir13 cumstances.

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

15 consult with the Congress—

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

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

18 while equipped for combat, except for deployments

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

20 training of such forces; or

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

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

23 in which there are already Armed Forces equipped

24 for combat if such introduction would substantially

25 enlarge the number of Armed Forces equipped for

26 combat located in that country or otherwise substan-
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1 tially increase the military capabilities of such

2 forces.

3 ‘‘(b) EXECUTIVE–LEGISLATIVE CONSULTATIVE

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

5 shall include participation by—

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

7 branch officials designated by the President; and

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

10 those members of the Senate designated by the

11 President pro tempore of the Senate.

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

13 satisfy the consultation requirement of this section, the

14 President must ask Members of Congress for their advice

15 and opinions before the decision is made to introduce the

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

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

20 if the Congress is merely informed about the situation.

21 ‘‘SEC. 5. REPORTS TO THE CONGRESS.

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

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

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

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

7 on the same calendar day, setting forth—

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

10 ‘‘(2) the specific constitutional and legislative

11 authority under which such introduction took place;

12 and

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

14 hostilities or the involvement of the Armed Forces,

15 as the case may be.

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

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

19 shall provide such other information as the Congress may

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

22 to the use of the Armed Forces abroad.

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

24 Forces are introduced into hostilities or situations where

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

2 Armed Forces continue to be involved in those or related

3 hostilities or situations, report to the Congress periodically

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

5 on the scope and estimated duration of such hostilities or

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

7 the Congress less often than once every six months.

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

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

12 to the Committee on Foreign Affairs of the House of Rep13 resentatives and to the Committee on Foreign Relations

14 of the Senate for appropriate action. If, when the report

15 is transmitted, the Congress has adjourned sine die or has

16 adjourned for any period in excess of three calendar days,

17 the Speaker of the House of Representatives and the

18 President pro tempore of the Senate, if they deem it advis19 able (or if they are petitioned by at least 30 percent of

20 the membership of their respective Houses) shall jointly

21 request the President to convene the Congress in order

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

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

2 into hostilities, or situations where imminent involvement

3 in hostilities is clearly indicated by the circumstances, in

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

5 the President shall remove the Armed Forces from those

6 hostilities or those situations unless the Congress—

7 ‘‘(1) has declared war;

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

9 specific authorization for such use of the Armed

10 Forces;

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

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

13 an armed attack upon the United States.

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

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

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

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

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

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

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

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

10 ‘‘SEC. 7. CONGRESSIONAL EXPEDITED PROCEDURES.

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

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

13 a joint resolution—

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

15 use of the Armed Forces in hostilities or situations

16 where imminent involvement is clearly indicated by

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

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

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

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

3 of a privileged resolution in the House of Representatives.

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

5 of Representatives shall be referred, upon introduction, to

6 the Committee on Foreign Affairs. A privileged resolution

7 shall not be sequentially referred.

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

9 introduction of a privileged resolution, the Committee on

10 Foreign Affairs has not reported that resolution, that

11 committee shall be discharged from further consideration

12 of that resolution and that resolution shall be placed on

13 the appropriate calendar of the House.

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

15 the appropriate calendar, no other resolution with respect

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

18 circumstances may be reported by or be discharged from

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

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

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

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

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

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

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

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

7 is before the President.

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

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

10 for any Member of the House of Representatives to move

11 that the House resolve itself into the Committee of the

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

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

15 a previous motion to the same effect has been disagreed

16 to.

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

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

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

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

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

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

3 a Member favoring and a Member opposing the resolution.

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

6 the 5-minute rule.

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

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

9 amendments shall be in order.

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

11 on each amendment, and any amendments thereto, shall

12 not exceed one hour. If the Committee on Foreign Affairs

13 reports an amendment in the nature of a substitute to the

14 text of a privileged resolution, that amendment shall be

15 considered to be original text for purposes of amendment

16 and debate on each amendment to that amendment, and

17 any amendments thereto, shall not exceed one hour.

18 ‘‘(E) At the conclusion of consideration of amend19 ments to a privileged resolution, the Committee of the

20 Whole shall rise and report the resolution back to the

21 House, and the previous question shall be considered as

22 ordered on the resolution, with any amendments adopted

23 in the Committee of the Whole, to final passage without

24 intervening motion, except one motion to recommit with

25 or without instructions.
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1 ‘‘(5)(A) Except as provided in subparagraph (B), if,

2 before the passage by the House of Representatives of a

3 privileged resolution of the House, the House receives a

4 privileged resolution from the Senate with respect to the

5 same or related hostilities or situations where imminent

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

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

9 referred to a committee.

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

11 the House—

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

13 the same as if no resolution had been received

14 from the Senate; but

15 ‘‘(II) the privileged resolution of the Sen16 ate shall be considered to have been read for

17 the third time; the vote on final passage shall

18 be on the resolution of the Senate (if the resolu19 tions are identical), or on the resolution of the

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

21 of the resolution of the House inserted in lieu

22 of the text of the resolution of the Senate; and

23 the vote on final passage shall occur without de24 bate or any intervening action.
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1 ‘‘(iii) Upon disposition of a privileged resolution

2 received from the Senate, consideration of the privi3 leged resolution of the House shall no longer be priv4 ileged under this section.

5 ‘‘(B) If the House receives from the Senate a privi6 leged resolution before any privileged resolution is intro7 duced in the House with respect to the same or related

8 hostilities or situations where imminent involvement in

9 hostilities is clearly indicated by the circumstances, then

10 the resolution of the Senate shall be referred to the appro11 priate committee or committees, and the procedures in the

12 House with respect to that resolution shall be the same

13 under this subsection as if the resolution received had been

14 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, or situations in which immi7 nent involvement in hostilities is clearly indicated by the

8 circumstances, may be reported by or be discharged from

9 such committee while the first resolution—

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

11 on the calendar),

12 ‘‘(ii) is before the House of Representatives (in13 cluding remaining on the calendar), unless the

14 House has had a vote on final passage with respect

15 to the resolution and a majority of those voting did

16 not vote in the affirmative,

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

18 otherwise awaiting disposition of amendments be19 tween the Houses, or

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

21 is before the President.

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

23 resolution is referred has reported, or has been discharged

24 under paragraph (4) from further consideration of that

25 resolution, it is at any time thereafter in order (even
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1 though a previous motion to the same effect has been dis2 agreed to) for any Member of the Senate to move to pro3 ceed to the consideration of the resolution, notwithstand4 ing any rule or precedent of the Senate, including Rule

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

6 or subparagraph (B) of this paragraph (insofar as it re7 lates to germaneness and relevancy of amendments), all

8 points of order against a privileged resolution and consid9 eration of the resolution are waived. The motion is privi10 leged and is not debatable. The motion is not subject to

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

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

13 order, except that such motion may not be entered for fu14 ture disposition. If a motion to proceed to the consider15 ation of a privileged resolution is agreed to, the resolution

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

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

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

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

20 against the privileged status of a resolution that has been

21 laid before the Senate and been initially identified as privi22 leged for consideration under this subsection upon its in23 troduction, such point of order shall be submitted directly

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

25 privileged under the War Powers Resolution’, shall be de-
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1 cided by the yeas and the nays after four hours of debate,

2 equally divided between, and controlled by, the Member

3 raising the point of order and the manager of the resolu4 tion, except that in the event the manager is in favor of

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

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

7 point of order shall not be considered to establish prece8 dent for determination of future cases.

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

10 resolution, and all amendments and debatable motions in

11 connection therewith, shall be limited to not more than

12 12 hours, which, except as otherwise provided in this sub13 section, shall be equally divided between, and controlled

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

15 their designees. The Majority Leader or the Minority

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

17 control on the resolution, allot additional time to any Sen18 ator during the consideration of any amendment, debat19 able motion, or appeal.

20 ‘‘(ii) Only amendments which are germane and rel21 evant to a privileged resolution are in order.

22 ‘‘(iii) Debate on any amendment to a privileged reso23 lution shall be limited to two hours, except that this limita24 tion does not apply to an amendment in the nature of a

25 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

25 same or related hostilities or situations where imminent
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1 involvement in hostilities is clearly indicated by the cir2 cumstances, then the following procedures 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 or situations where imminent

5 involvement in hostilities is clearly indicated by the cir6 cumstances, then the resolution received shall be referred

7 to the Committee on Foreign Relations, and the proce8 dures in the Senate with respect to that resolution shall

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

10 had been introduced in the Senate.

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

12 from the House of Representatives after the Senate has

13 disposed of an identical privileged resolution, it shall be

14 in order to proceed by nondebatable motion to consider15 ation of the resolution received by the Senate, and that

16 resolution shall be disposed of without debate and without

17 amendment.

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

19 motions required for the disposition of amendments be20 tween the Houses shall not exceed 2 hours, equally divided

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

22 the manager of the resolution at each stage of the proceed23 ings between the two Houses, except that in the event the

24 manager is in favor of any such motion, the time in oppo25 sition thereto shall be controlled by the Minority Leader
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1 or his designee. In the case of any disagreement between

2 the two Houses of Congress with respect to a privileged

3 resolution which is not resolved, any Senator may make

4 any motion or motions referred to in this clause within

5 2 session days after action by the second House or before

6 the appointment of conferees, whichever comes first.

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

8 within 72 hours after the second House is notified that

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

10 back to their respective House in disagreement.

11 ‘‘(iii) Notwithstanding any rule in the Senate con12 cerning the printing of conference reports in the Congres13 sional Record or concerning any delay in the consideration

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

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

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

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

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

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

20 filed or returned in disagreement on any such resolution

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

22 controlled by, the Majority Leader and the Minority Lead23 er, and their designees.

24 ‘‘(B) If a privileged resolution is vetoed by the Presi25 dent, the time for debate in consideration of the veto mes-
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1 sage on such measure shall be limited to 20 hours in the

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

3 Majority Leader and the Minority Leader, and their des4 ignees.

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

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

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

8 of the Senate but applicable only with respect to the

9 procedure to be followed in the Senate in the case

10 of a privileged resolution, and it supersedes other

11 rules only to the extent that it is inconsistent with

12 such rules; and

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

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

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

17 the case of any other rule of the Senate.

18 ‘‘SEC. 8. JUDICIAL REVIEW.

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

20 Member of Congress may bring an action in the United

21 States District Court for the District of Columbia for de22 claratory judgment and injunctive relief on the ground

23 that the President or the Armed Forces have not complied

24 with any provision of this joint resolution.
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1 ‘‘(b) JUSTICIABILITY.—In any action described in

2 subsection (a), the court shall not decline to make a deter3 mination on the merits on the ground that the issue of

4 compliance is a political question or is otherwise

5 nonjusticiable.

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

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

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

9 the Congress that the court—

10 ‘‘(1) infer congressional disapproval of the in11 volvement of the Armed Forces in hostilities or situ12 ations where involvement in hostilities is clearly indi13 cated by the circumstances; and

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

15 Congress and the Executive which requires judicial

16 resolution.

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

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

19 accord such action the highest priority and shall announce

20 its judgment as speedily as the requirements of Article III

21 of the Constitution permit.

22 ‘‘(e) JUDICIAL REMEDY.—(1) If the court in an ac23 tion described in subsection (a) finds that the President

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

25 this joint resolution, the court shall—
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1 ‘‘(A) direct the President to submit that report;

2 and

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

4 Forces were introduced into hostilities or situations

5 where imminent involvement in hostilities is clearly

6 indicated by the circumstances.

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

8 (a) finds that section 3 or section 6(b) of this joint resolu9 tion has been violated, the court shall direct the President

10 to remove the Armed Forces from the hostilities or situa11 tions where involvement in hostilities is clearly indicated

12 by the circumstances. The Armed Forces shall be removed

13 pursuant to the court’s order—

14 ‘‘(A) immediately, or

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

16 to the Congress in writing that unavoidable military

17 necessity respecting the safety of the Armed Forces

18 requires the continued use of the Armed Forces in

19 the course of bringing about their prompt removal

20 from hostilities and situations where imminent in21 volvement in hostilities is clearly indicated by the

22 circumstances, within a period not to exceed 30 days

23 after the order is issued.
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1 ‘‘(f) APPEALS.—Any judgment in an action described

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

3 States Supreme Court.

4 ‘‘SEC. 9. RULES OF INTERPRETATION.

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

6 to introduce the Armed Forces into hostilities or situations

7 where imminent involvement in hostilities is clearly indi8 cated by the circumstances shall not be inferred—

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

10 provision in effect before the date of enactment of

11 this joint resolution), including any provision con12 tained in any appropriation Act, unless that provi13 sion specifically authorizes the introduction of the

14 Armed Forces into hostilities or situations where im15 minent involvement in hostilities is clearly indicated

16 by the circumstances and states that it is intended

17 to constitute specific statutory authorization within

18 the meaning of this joint resolution; or

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

20 ratified unless that treaty is implemented by legisla21 tion specifically authorizing the introduction of the

22 Armed Forces into hostilities or situations where im23 minent involvement in hostilities is clearly indicated

24 by the circumstances and stating that it is intended
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1 to constitute specific statutory authorization within

2 the meaning of this joint resolution.

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

4 failure of the Congress to adopt a measure—

5 ‘‘(1) terminating, limiting, or prohibiting the in6 volvement of the Armed Forces in hostilities or situ7 ations where imminent involvement in hostilities is

8 clearly indicated by the circumstances, or

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

10 Forces are acting in violation of this joint resolution,

11 may not be construed as indicating congressional author12 ization or approval of, or acquiescence in, the involvement

13 of the Armed Forces in any hostilities or situations where

14 imminent involvement in hostilities is clearly indicated by

15 the circumstances or as a finding by the Congress that

16 such involvement is consistent with this joint resolution.

17 ‘‘SEC. 10. DEFINITIONS.

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

19 definitions apply:

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

21 Forces’ means the armed forces of the United

22 States.

23 ‘‘(2) HOSTILITIES OR IMMINENT INVOLVEMENT

24 IN HOSTILITIES.—The term ‘hostilities or situations
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1 where imminent involvement in hostilities is clearly

2 indicated by the circumstances’ includes—

3 ‘‘(A) a situation where overt acts of war4 fare are taking place, such as—

5 ‘‘(i) the exchange of fire between reg6 ular or irregular military forces, or

7 ‘‘(ii) the aerial or naval bombardment

8 of military or civilian targets by regular or

9 irregular military forces,

10 regardless of whether the Armed Forces are

11 participating in the exchange of fire or the

12 bombardment;

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

14 even if no overt act of warfare has occurred,

15 there is a clear and present danger of armed

16 conflict; and

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

18 a clear potential for hostilities.

19 ‘‘(3) INTRODUCE.—The term ‘introduce’ in20 cludes—

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

22 other involvement of the Armed Forces in hos23 tilities or situations where imminent involve24 ment in hostilities is clearly indicated by the

25 circumstances, including the taking of self-de-
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1 fense measures by the Armed Forces in re2 sponse to an attack or threatened attack; and

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

4 of the Armed Forces to command, coordinate,

5 participate in the movement of, accompany, or

6 provide logistical support or training for any

7 foreign regular or irregular military forces if

8 those forces are involved in hostilities or situa9 tions where imminent involvement in hostilities

10 is clearly indicated by the circumstances (re11 gardless of whether those hostilities involve in12 surgent forces or the military forces of a for13 eign country).

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

15 ‘United States’ and ‘country’, when used in a geo16 graphic sense, include territories and possessions.

17 ‘‘SEC. 11. SEPARABILITY CLAUSE.

18 ‘‘If any provision of this joint resolution or the appli19 cation thereof to any person or circumstance is held in20 valid, the remainder of the joint resolution and the appli21 cation of such provision to any other person or cir22 cumstance shall not be affected thereby.’’.

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