IA 

117TH CONGRESS 

1ST SESSION H. J. RES. 29 

To amend the War Powers Resolution, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2021 

Mr. DEFAZIO (for himself, Mr. RUSH, Mr. COHEN, Mr. CICILLINE, Mr. BLUMENAUER, Mrs. NAPOLITANO, Ms. LEE of California, Mr. BEYER, Ms. 

SCHAKOWSKY, Ms. JACKSON LEE, and Mr. GRIJALVA) submitted the following joint resolution; which was referred to the Committee on Foreign 

Affairs, 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, and for other 

purposes. 

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 Act may be cited as the ‘‘War Powers Amend5 ments of 2021’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) In response to unconstitutional executive 

2 branch actions that introduced United States Forces 

3 into hostilities without congressional authorization, 

4 Congress passed the War Powers Resolution (50 

5 U.S.C. 1541 et seq.) to clarify and strengthen its 

6 constitutional war powers authorities. 

7 (2) The War Powers Resolution remains a cur8 rent and constitutionally valid law. The War Powers 

9 Resolution includes the authority of Congress to re10 move United States Armed Forces from unauthor11 ized engagement in hostilities through adoption of a 

12 concurrent resolution or passage of a joint resolu13 tion. 

14 (3) While Congress possesses robust war powers 

15 authorities under the Constitution and the War 

16 Powers Resolution, in many cases the executive 

17 branch has disregarded these authorities by intro18 ducing United States Forces into hostilities without 

19 congressional authorization. 

20 (b) PURPOSE.—The purpose of this joint resolution 

21 is to— 

22 (1) reassert Congress’ constitutional war pow23 ers authorities, further strengthen the War Powers 

24 Resolution, and end the current ‘‘forever wars’’ of 

25 the United States; and 


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1 (2) prevent the executive branch from intro2 ducing United States Forces into hostilities, with ex3 ceptions in the case of an armed attack upon or im4 minent threat to the United States, its Forces, or its 

5 citizens overseas, without authorization from Con6 gress. 

7 SEC. 3. REVISION OF WAR POWERS RESOLUTION. 

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

9 is amended by striking out all after the resolving clause 

10 and inserting in lieu thereof the following: 

11 ‘‘SECTION 1. SHORT TITLE; PURPOSE; CONGRESSIONAL 

12 LEGISLATIVE AUTHORITY. 

13 ‘‘(a) SHORT TITLE.—This joint resolution may be 

14 cited as the ‘War Powers Resolution’. 

15 ‘‘(b) PURPOSE.—It is the purpose of this joint resolu16 tion to fulfill the intent of the framers of the Constitution 

17 of the United States and ensure that the collective judg18 ment of both the Congress and the President will apply 

19 to— 

20 ‘‘(1) the introduction of United States Forces 

21 into hostilities; and 

22 ‘‘(2) the continued use of United States Forces 

23 in hostilities. 


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1 ‘‘(c) CONGRESSIONAL LEGISLATIVE AUTHORITY.— 

2 Among the powers granted to the Congress by the Con3 stitution are— 

4 ‘‘(1) the power to declare war; 

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

6 be drawn from the Treasury, but in Consequence of 

7 Appropriations made by Law’); and 

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

9 proper for carrying into execution not only its own 

10 powers but also all other powers vested by the Con11 stitution in the Government of the United States, or 

12 in any department or officer thereof. 

13 ‘‘SEC. 2. EMERGENCY USES OF UNITED STATES FORCES IN 

14 HOSTILITIES. 

15 ‘‘(a) IN GENERAL.—United States Forces may be in16 troduced into hostilities only as follows: 

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

18 declaration of war by the Congress. 

19 ‘‘(2) SPECIFIC STATUTORY AUTHORIZATION.— 

20 ‘‘(A) IN GENERAL.—In accordance with a 

21 specific statutory authorization described in 

22 subparagraph (B). 

23 ‘‘(B) SPECIFIC STATUTORY AUTHORIZA24 TION DESCRIBED.—A specific statutory author25 ization for introduction of United States Forces 


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1 into hostilities described in this subparagraph 

2 shall— 

3 ‘‘(i) provide for authorization of the 

4 use of necessary and appropriate military 

5 force with respect to such use of United 

6 States Forces; 

7 ‘‘(ii)(I) clearly define the threat that 

8 necessitates use of such military force, the 

9 mission and objectives that use of such 

10 military force is authorized to achieve, and 

11 identify each foreign country in which such 

12 military force is authorized; 

13 ‘‘(II) clearly define the parameters for 

14 when use of such military force is no 

15 longer necessary or appropriate; and 

16 ‘‘(III) clearly and specifically identify 

17 each foreign country and organized armed 

18 group with respect to which such military 

19 force will be used; 

20 ‘‘(iii) require the President to seek 

21 from the Congress a subsequent specific 

22 statutory authorization for introduction of 

23 United States Forces into hostilities— 

24 ‘‘(I) if— 


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1 ‘‘(aa) the threat or mission 

2 or objectives defined in clause 

3 (ii)(I) or the list of foreign coun4 tries identified in such clause is 

5 to be expanded; 

6 ‘‘(bb) the parameters de7 fined in clause (ii)(II) are to be 

8 expanded; or 

9 ‘‘(cc) the list of foreign 

10 countries or organized armed 

11 groups identified in clause 

12 (ii)(III) is to be expanded; and 

13 ‘‘(II) which shall include updated 

14 information to the information re15 quired by clause (ii); and 

16 ‘‘(iv) provide for termination of the 

17 authorization for such use of United States 

18 Forces not later than the date that is 2 

19 years after the date of the enactment of 

20 such authorization unless the Congress en21 acts a joint resolution providing a subse22 quent specific authorization for such use of 

23 United States Forces. 

24 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

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1 thorize United States Forces to engage in hos2 tilities against any foreign country or organized 

3 armed group that is not clearly and specifically 

4 identified in clause (ii)(III) of such subpara5 graph. 

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

7 the extent necessary and proportionate— 

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

9 United States; or 

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

11 threat of such an armed attack. 

12 ‘‘(4) ARMED ATTACK ON UNITED STATES

13 FORCES.—To the extent necessary and propor14 tionate— 

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

16 United States Forces located outside the United 

17 States; or 

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

19 threat of such an armed attack. 

20 ‘‘(5) EVACUATION OF UNITED STATES CITI21 ZENS.—To the extent necessary to protect United 

22 States citizens or nationals while evacuating them as 

23 rapidly as possible from a situation, outside the 

24 United States, that directly and imminently threat25 ens their lives or liberty and— 


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

2 liberty is unlawful; and 

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

4 threat is within a foreign country, the threat is 

5 supported by the government of that country or 

6 the government of that country is unable or un7 willing to secure the release of the United 

8 States citizens or nationals. 

9 The President shall make every effort to terminate 

10 any such threat through peaceful means without 

11 using United States Forces. Before using United 

12 States Forces to protect United States citizens or 

13 nationals being evacuated from a foreign country in 

14 accordance with this paragraph, the President shall, 

15 where possible, obtain the consent of the government 

16 of that country. 

17 ‘‘(b) CONDITIONS ON EMERGENCY USE OF UNITED

18 STATES FORCES.—Any use of United States Forces in ac19 cordance with paragraph (3), (4), or (5) of subsection 

20 (a)— 

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

22 3, 4, and 5; and 

23 ‘‘(2) shall be limited, in terms of United States 

24 Forces which are used and the manner in which they 


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

2 achieve the purpose described in that paragraph. 

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

4 otherwise made available under any law may not be obli5 gated or expended for any introduction, other than an in6 troduction described in subsection (a), of United States 

7 Forces into hostilities. 

8 ‘‘SEC. 3. CONSULTATION BETWEEN THE PRESIDENT AND 

9 CONGRESS. 

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

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

12 Congress before United States Forces are introduced into 

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

14 of section 2(a). After every such introduction, the Presi15 dent shall consult regularly with the Congress until United 

16 States Forces are no longer in hostilities. 

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

18 consult with the Congress— 

19 ‘‘(A) before United States Forces are intro20 duced into a foreign country while equipped for com21 bat, except for deployments which relate solely to 

22 supply, replacement, repair, or training of such 

23 forces; or 

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1 ready United States Forces equipped for combat if 

2 such introduction would substantially enlarge the 

3 number of United States Forces equipped for com4 bat located in that country or otherwise substantially 

5 increase the military capabilities of such forces. 

6 ‘‘(b) EXECUTIVE-LEGISLATIVE CONSULTATIVE

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

8 shall include participation by— 

9 ‘‘(1) the President, the Secretary of State, the 

10 Secretary of Defense, the Director of Central Intel11 ligence, the Director of National Intelligence, and 

12 those senior executive branch officials designated by 

13 the President; 

14 ‘‘(2) the Speaker, the Minority leader and Ma15 jority leader, the Majority whip and Minority whip, 

16 the chair and ranking member of the Committee on 

17 Foreign Affairs, the chair and ranking member of 

18 the Committee on Armed Services, the chair and 

19 ranking member of the Permanent Select Committee 

20 on Intelligence of the House of Representatives, and 

21 any other Members of the House of Representatives 

22 designated by the Speaker or the Minority leader; 

23 and 

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1 ing member of the Committee on Foreign Relations, 

2 the chair and ranking member of the Committee on 

3 Armed Services, the chair and ranking member of 

4 the Select Committee on Intelligence of the Senate, 

5 and any Senator designated by the Majority or Mi6 nority leader. 

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

8 satisfy the consultation requirement of this section, the 

9 President must ask Members of Congress for their advice 

10 and opinions before the decision is made to introduce 

11 United States Forces, and in no event later than 48 hours 

12 prior to introduction of United States Forces. Such con13 sultation requires that all information relevant to the situ14 ation must be made available to the Members of Congress 

15 being consulted. The consultation requirement of this sec16 tion is not met, however, if the Congress is merely in17 formed about the situation. 

18 ‘‘SEC. 4. REPORTS TO THE CONGRESS. 

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

20 shall submit the report described in subsection (b) no later 

21 than 48 hours after United States Forces are introduced 

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

23 (5) of section 2(a). 

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1 mitted by the President to the Speaker and Minority 

2 Leader of the House of Representatives, the President pro 

3 tempore and Minority Leader of the Senate, and the Exec4 utive-Legislative consultative group described in section 

5 3(b) on the same calendar day, setting forth— 

6 ‘‘(1) the circumstances necessitating the intro7 duction of United States Forces; 

8 ‘‘(2) the specific constitutional and legislative 

9 authority under which such introduction took place; 

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

11 hostilities or the involvement of United States 

12 Forces, as the case may be, and an identification of 

13 each foreign country and organized armed group 

14 against which United States Forces are engaged in 

15 hostilities, including the foreign countries and geo16 graphic locations of such hostilities; and 

17 ‘‘(4) the estimated cost of the hostilities or the 

18 involvement of United States Forces, including the 

19 cost of any other resources involved in supporting 

20 such Forces. 

21 Any such report shall state expressly that it is being sub22 mitted pursuant to this section. 

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

24 shall provide such other information as the Congress may 

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1 ities with respect to committing the Nation to war and 

2 to the use of United States Forces abroad. The President 

3 shall provide such information no later than 14 days after 

4 the date on which the President receives such request from 

5 the Congress. 

6 ‘‘(d) CONTINUING REPORTS.— 

7 ‘‘(1) IN GENERAL.—Whenever United States 

8 Forces are introduced into hostilities the President 

9 shall, so long as United States Forces continue to be 

10 involved in those hostilities, report to the Congress 

11 periodically on the continued application of the mat12 ters described in paragraphs (1), (2), (3), and (4) of 

13 subsection (b), including the status of such hos14 tilities, the scope and estimated duration of such 

15 hostilities, and the estimated cost of such hostilities 

16 or the involvement of United States Forces, but in 

17 no event shall the President report to the Congress 

18 less often than once every 30 days. 

19 ‘‘(2) FORM.—The report required by this sec20 tion, and particularly the matters described in sub21 section (b)(3) of the report, shall be submitted in 

22 unclassified form. The report may contain a classi23 fied annex. 


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1 ‘‘SEC. 5. CONGRESSIONAL ACTION WITH RESPECT TO HOS2 TILITIES. 

3 ‘‘(a) RECEIPT OF SECTION 4(a) REPORT.—Each re4 port submitted pursuant to section 4(a) shall be referred 

5 to the Committee on Foreign Affairs of the House of Rep6 resentatives and to the Committee on Foreign Relations 

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

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

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

10 the Speaker of the House of Representatives and the 

11 President pro tempore of the Senate, if they deem it advis12 able (or if they are petitioned by at least 30 percent of 

13 the membership of their respective Houses) shall jointly 

14 request the President to convene the Congress in order 

15 that it may consider the report and take appropriate ac16 tion pursuant to this section. 

17 ‘‘(b) REQUIREMENT FOR SPECIFIC STATUTORY AU18 THORIZATION FOR CONTINUED INVOLVEMENT.— 

19 ‘‘(1) IN GENERAL.—Within 30 calendar days 

20 after United States Forces are introduced into hos21 tilities in accordance with paragraph (3), (4), or (5) 

22 of section 2(a), the President shall remove United 

23 States Forces from those hostilities unless the Con24 gress— 

25 ‘‘(A) has declared war; 


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1 ‘‘(B) has enacted a joint resolution pro2 viding specific authorization for such use of 

3 United States Forces as described in paragraph 

4 (2); or 

5 ‘‘(C) is unable to meet as a result of an 

6 armed attack upon the United States. 

7 This 30-day period shall be extended for not more 

8 than an additional 15 days if the President deter9 mines and certifies to the Congress in writing that 

10 unavoidable military necessity respecting the safety 

11 of United States Forces requires the continued use 

12 of United States Forces in the course of bringing 

13 about their prompt removal from hostilities. 

14 ‘‘(2) JOINT RESOLUTION DESCRIBED.—A joint 

15 resolution providing specific authorization for such 

16 use of United States Forces described in this para17 graph shall— 

18 ‘‘(A) provide for authorization of the use of 

19 necessary and appropriate military force with 

20 respect to such use of United States Forces; 

21 ‘‘(B)(i) clearly define the threat that neces22 sitates use of such military force, the mission 

23 and objectives that use of such military force is 

24 authorized to achieve, and identify each foreign 


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1 country in which such military force is author2 ized; 

3 ‘‘(ii) clearly define the parameters for 

4 when use of such military force is no longer 

5 necessary or appropriate; and 

6 ‘‘(iii) clearly and specifically identify each 

7 foreign country and organized armed group 

8 with respect to which such military force will be 

9 used; 

10 ‘‘(C) require the President to seek from 

11 the Congress a subsequent specific statutory 

12 authorization for introduction of United States 

13 Forces into hostilities— 

14 ‘‘(i) if— 

15 ‘‘(I) the threat or mission or ob16 jectives defined in subparagraph 

17 (B)(i) or the list of foreign countries 

18 identified in such subparagraph is to 

19 be expanded; 

20 ‘‘(II) the parameters defined in 

21 subparagraph (B)(ii) are to be ex22 panded; or 

23 ‘‘(III) the list of foreign countries 

24 or organized armed groups identified 


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1 in subparagraph (B)(iii) is to be ex2 panded; and 

3 ‘‘(ii) which shall include updated in4 formation to the information required by 

5 subparagraph (B); and 

6 ‘‘(D) provide for termination of the author7 ization for such use of United States Forces not 

8 later than the date that is 2 years after the 

9 date of the enactment of such authorization un10 less the Congress enacts a joint resolution pro11 viding a subsequent specific authorization for 

12 such use of United States Forces. 

13 ‘‘(c) FUNDING LIMITATION.—Unless one of the num14 bered paragraphs of subsection (b) applies, after the expi15 ration of the period specified in that subsection (including 

16 any extension of that period in accordance with that sub17 section), funds appropriated or otherwise made available 

18 under any law may not be obligated or expended to con19 tinue the involvement of United States Forces in the hos20 tilities. This subsection does not, however, prohibit the use 

21 of funds to remove United States Forces from hostilities. 

22 ‘‘SEC. 6. CONGRESSIONAL EXPEDITED PROCEDURES. 

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

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

25 a joint resolution— 


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

2 use of United States Forces in hostilities, so long as 

3 that resolution contains only provisions which are 

4 relevant to those hostilities; and 

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

6 submitted a written request to the Congress for en7 actment of such an authorization with respect to 

8 those or related hostilities. 

9 ‘‘(b) PROCEDURE IN HOUSE OF REPRESENTA10 TIVES.—(1) This subsection applies to the consideration 

11 of a privileged resolution in the House of Representatives. 

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

13 of Representatives shall be referred, upon introduction, to 

14 the Committee on Foreign Affairs. A privileged resolution 

15 shall not be sequentially referred. 

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

17 introduction of a privileged resolution, the Committee on 

18 Foreign Affairs has not reported that resolution, that 

19 committee shall be discharged from further consideration 

20 of that resolution and that resolution shall be considered 

21 a privileged resolution and placed on the appropriate cal22 endar of the House. 

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

24 the appropriate calendar, no other resolution with respect 

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


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1 be discharged from any committee under this subsection 

2 while the first resolution— 

3 ‘‘(i) is before the House of Representatives (in4 cluding remaining on the calendar); 

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

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

7 on final passage with respect to the resolution and 

8 a majority of those voting did not vote in the affirm9 ative; 

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

11 otherwise awaiting disposition of amendments be12 tween the Houses; or 

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

14 is before the President. 

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

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

17 for any Member of the House of Representatives to move 

18 that the House resolve itself into the Committee of the 

19 Whole House on the State of the Union for the consider20 ation of that resolution. The motion is highly privileged. 

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

22 a previous motion to the same effect has been disagreed 

23 to. 

24 ‘‘(B) All points of order against a privileged resolu25 tion and consideration of the resolution are waived. If the 


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1 motion under subparagraph (A) is agreed to, the privi2 leged resolution shall remain the unfinished business of 

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

4 business, except as provided in paragraph (5)(A). A mo5 tion to reconsider the vote by which the motion described 

6 in subparagraph (A) is disagreed to is not in order. 

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

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

9 a Member favoring and a Member opposing the resolution. 

10 ‘‘(D)(i) At the conclusion of general debate, a privi11 leged resolution shall be considered for amendment under 

12 the 5-minute rule. 

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

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

15 amendments shall be in order. 

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

17 on each amendment, and any amendments thereto, shall 

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

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

20 text of a privileged resolution, that amendment shall be 

21 considered to be original text for purposes of amendment 

22 and debate on each amendment to that amendment, and 

23 any amendments thereto, shall not exceed one hour. 

24 ‘‘(E) At the conclusion of consideration of amend25 ments to a privileged resolution, the Committee of the 


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1 Whole shall rise and report the resolution back to the 

2 House, and the previous question shall be considered as 

3 ordered on the resolution, with any amendments adopted 

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

5 intervening motion, except one motion to recommit with 

6 or without instructions. 

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

8 before the passage by the House of Representatives of a 

9 privileged resolution of the House, the House receives a 

10 privileged resolution from the Senate with respect to the 

11 same or related hostilities, then the following procedures 

12 shall apply: 

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

14 referred to a committee. 

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

16 the House— 

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

18 the same as if no resolution had been received 

19 from the Senate; but 

20 ‘‘(II) the vote on final passage shall be on 

21 the resolution of the Senate (if the resolutions 

22 are identical), or on the resolution of the Senate 

23 (if they are not identical) with the text of the 

24 resolution of the House inserted in lieu of the 

25 text of the resolution of the Senate; and the 


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1 vote on final passage shall occur without debate 

2 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 Committee on Foreign Affairs, and the pro12 cedures in the House with respect to that resolution shall 

13 be the same under this subsection as if the resolution re14 ceived 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 to amendments of the Sen23 ate 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 Rep2 resentatives— 

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 resolu8 tion— 

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 

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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 1-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 privileged 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. 7. 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 United States Forces have not com23 plied with any provision of this joint resolution. 

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

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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 United States Forces in hostilities; and 

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

11 Congress and the executive branch which requires 

12 judicial 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 4(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 United States 

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 2 or section 5(b) of this joint resolu3 tion has been violated, the court shall direct the President 

4 to remove United States Forces from the hostilities. 

5 United States Forces shall be removed pursuant to the 

6 court’s 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 United States 

11 Forces requires the continued use of United States 

12 Forces in the course of bringing about their prompt 

13 removal from hostilities, within a period not to ex14 ceed 30 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. 8. RULES OF INTERPRETATION. 

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

20 to introduce United States 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 

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1 sion specifically authorizes the introduction of 

2 United States Forces into hostilities and states that 

3 it is intended to constitute specific statutory author4 ization within the meaning of this joint resolution; 

5 or 

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

7 ratified unless that treaty is implemented by legisla8 tion specifically authorizing the introduction of 

9 United States Forces into hostilities and stating that 

10 it is intended to constitute specific statutory author11 ization within the meaning of this joint resolution. 

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

13 failure of the Congress to adopt a measure— 

14 ‘‘(1) terminating, limiting, or prohibiting the in15 volvement of United States Forces in hostilities; or 

16 ‘‘(2) finding that the President or United 

17 States Forces are acting in violation of this joint 

18 resolution, 

19 may not be construed as indicating congressional author20 ization or approval of, or acquiescence in, the involvement 

21 of United States Forces in any hostilities or as a finding 

22 by the Congress that such involvement is consistent with 

23 this joint resolution. 


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1 ‘‘SEC. 9. DEFINITIONS. 

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

3 definitions apply: 

4 ‘‘(1) HOSTILITIES.—The term ‘hostilities’ in5 cludes any situation involving any use of direct or 

6 indirect, lethal or potentially lethal force by United 

7 States Forces against regular or irregular military 

8 forces or against any military or civilian target, irre9 spective of the domain, including armed conflict, in10 telligence sharing, mid-air refueling, cyber attacks, 

11 targeting assistance, acts that violate the sovereignty 

12 of a foreign country, and purposeful destruction of 

13 property considered to be an exercise of use of force, 

14 irrespective of whether such force is offensive or de15 fensive, kinetic or non-kinetic, or deployed remotely, 

16 the intermittency, intensity, or severity of such force, 

17 the scope of the mission or objectives, or the extent 

18 to which the mission exposes United States Forces 

19 to risk of casualty or the risk of escalation. 

20 ‘‘(2) IMMINENT.—The term ‘imminent’, with 

21 respect to a threat of an attack, means the threat 

22 is instant, overwhelming, and leaves no choice of 

23 means and no moment for deliberation. 

24 ‘‘(3) INTRODUCE.—The term ‘introduce’ in25 cludes— 


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1 ‘‘(A) any commitment, engagement, de2 ployment, or other involvement of United States 

3 Forces in hostilities, including the taking of 

4 self-defense measures by United States Forces 

5 in response to an attack, threatened attack, or 

6 imminent threat of attack in any foreign coun7 try, irrespective of whether United States 

8 Forces are present or operating launched, pi9 loted, or other remotely directed weapons sys10 tems from a non-battlefield location; and 

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

12 of United States Forces to command, coordi13 nate, advise, assist, participate in the movement 

14 of, accompany, provide intelligence, or provide 

15 logistical or material support or training for 

16 any foreign regular or irregular military or po17 lice forces, including state actors or organized 

18 armed groups, if those forces are involved in 

19 hostilities (regardless of whether those hos20 tilities involve insurgent forces of the military 

21 forces of a foreign country). 

22 ‘‘(4) TRAINING.—The term ‘training’ has the 

23 meaning given the term ‘military education and 

24 training’ in section 644 of the Foreign Assistance 

25 Act of 1961 (22 U.S.C. 2403), but does not include 


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1 training that is comprised entirely of observance of 

2 and respect for the law of armed conflict, human 

3 rights, and fundamental freedoms, the rule of law, 

4 or civilian control of the military. 

5 ‘‘(5) UNITED STATES; COUNTRY.—The terms 

6 ‘United States’ and ‘foreign country’, when used in 

7 a geographic sense— 

8 ‘‘(A) mean the territory, airspace, or 

9 waters of the United States or the foreign coun10 try; and 

11 ‘‘(B) includes territories and possessions. 

12 ‘‘(6) UNITED STATES FORCES.—The term 

13 ‘United States Forces’— 

14 ‘‘(A) means the armed forces (as such 

15 term is defined in section 101(a)(4) of title 10, 

16 United States Code) and includes persons em17 ployed by, or under contract to, or under the di18 rection of any department or agency of the 

19 United States Government; and 

20 ‘‘(B) includes capabilities established, di21 rected, or otherwise used by such armed forces 

22 or persons that produces or results in an effect 

23 or condition designed to accomplish a military 

24 objective. 


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1 ‘‘SEC. 10. SEPARABILITY CLAUSE. 

2 ‘‘If any provision of this joint resolution or the appli3 cation thereof to any person or circumstance is held in4 valid, the remainder of the joint resolution and the appli5 cation of such provision to any other person or cir6 cumstance shall not be affected thereby.’’. 

Æ 


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