I 

113TH CONGRESS 

2D SESSION H. R. 5416 

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

consultation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2014 

Mr. WOLF introduced the following bill; 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 

A BILL 

To repeal the War Powers Resolution and to provide for 

proper war powers consultation, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

6 SEC. 2. FINDINGS; PURPOSE. 

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


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

2 1541 et seq.) has not worked as intended, and has 

3 added to the divisiveness and uncertainty that exists 

4 regarding the war powers of the President and Con5 gress. 

6 (2) The American people want both the Presi7 dent and Congress involved in the decisionmaking 

8 process when United States Armed Forces are com9 mitted to significant armed conflict, and the involve10 ment of both branches is important in building do11 mestic understanding and political support for doing 

12 so and ensuring the soundness of the resulting deci13 sion. 

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

15 to define the constitutional limits of the war powers 

16 of the executive and legislative branches of govern17 ment have generally failed because courts, for the 

18 most part, have declined jurisdiction on the grounds 

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

20 that the plaintiffs lack standing. 

21 (4) It harms the country to have the War Pow22 ers Resolution, the centerpiece statute in this vital 

23 area of United States law, regularly and openly 

24 questioned or ignored. 


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1 (5) The country needs to replace the War Pow2 ers Resolution with a constructive means by which 

3 the judgment of both the President and Congress 

4 can be brought to bear when deciding whether the 

5 United States should engage in a significant armed 

6 conflict, without prejudice to the rights of either 

7 branch to assert its constitutional war powers or to 

8 challenge the constitutional war powers of the other 

9 branch. 

10 (b) PURPOSE.—The purpose of this Act is to estab11 lish a constructive and practical means by which the judg12 ment of both the President and Congress can be brought 

13 to bear when deciding whether the United States should 

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

15 meant to define, circumscribe, or enhance the constitu16 tional war powers of either the executive or legislative 

17 branch of government, and neither branch by supporting 

18 or complying with this Act shall in any way limit or preju19 dice its right or ability to assert its constitutional war pow20 ers or its right or ability to question or challenge the con21 stitutional war powers of the other branch. 

22 SEC. 3. SIGNIFICANT ARMED CONFLICT DEFINED. 

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

24 under paragraph (2), the term ‘‘significant armed con25 flict’’ means any conflict expressly authorized by ConVerDate Mar 15 2010 22:49 Sep 09, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5416.IH H5416

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1 gress, or any combat operation involving members of the 

2 Armed Forces lasting more than a week or expected by 

3 the President to last more than a week. 

4 (b) EXCEPTIONS.—The term ‘‘significant armed con5 flict’’ does not include any commitment of members of the 

6 Armed Forces for the following purposes: 

7 (1) Actions taken by the President to repel at8 tacks, or to prevent imminent attacks, on the United 

9 States, its territorial possessions, its embassies, its 

10 consulates, or its Armed Forces abroad. 

11 (2) Limited acts of reprisal against terrorists or 

12 states that sponsor terrorism. 

13 (3) Humanitarian missions in response to nat14 ural disasters. 

15 (4) Investigations or acts to prevent criminal 

16 activity abroad. 

17 (5) Covert operations. 

18 (6) Training exercises. 

19 (7) Missions to protect or rescue United States 

20 citizens or military or diplomatic personnel abroad. 

21 SEC. 4. REPEAL OF WAR POWERS RESOLUTION. 

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

23 is hereby repealed. 


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1 SEC. 5. JOINT CONGRESSIONAL CONSULTATION COM2 MITTEE. 

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

4 Congressional Consultation Committee. 

5 (b) MEMBERSHIP.— 

6 (1) COMPOSITION.—The Commission shall be 

7 composed of the following members: 

8 (A) The majority leader of the Senate and 

9 the Speaker of the House of Representatives. 

10 (B) The minority leaders of the Senate 

11 and the House of Representatives. 

12 (C) The chairman and ranking member of 

13 each of the following committees of the Senate: 

14 (i) The Committee on Foreign Rela15 tions. 

16 (ii) The Committee on Armed Serv17 ices. 

18 (iii) The Select Committee on Intel19 ligence. 

20 (iv) The Committee on Appropria21 tions. 

22 (D) The chairman and ranking member of 

23 each of the following committees of the House 

24 of Representatives: 

25 (i) The Committee on Foreign Affairs. 


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1 (ii) The Committee on Armed Serv2 ices. 

3 (iii) The Permanent Select Committee 

4 on Intelligence. 

5 (iv) The Committee on Appropria6 tions. 

7 (c) CHAIRMANSHIP.—The chairmanship and vice 

8 chairmanship of the Joint Congressional Consultation 

9 Committee shall alternate between the majority leader of 

10 the Senate and the Speaker of the House of Representa11 tives, with the former serving as the chairman in each odd12 numbered Congress and the latter serving as the chairman 

13 in each even-numbered Congress. 

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

15 and vice chairman of the Joint Congressional Consultation 

16 Committee may jointly appoint and fix the compensation 

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

18 within the guidelines for employees of the Senate and fol19 lowing all applicable rules and employment requirements 

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

21 national security and intelligence information considered 

22 by the Committee. 

23 SEC. 6. CONSULTATION AND REPORTING. 

24 (a) REGULAR CONSULTATION.—The President shall 

25 consult regularly with the Joint Congressional ConsultaVerDate Mar 15 2010 22:49 Sep 09, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5416.IH H5416

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1 tion Committee regarding significant matters of foreign 

2 policy and national security. 

3 (b) CONSULTATION AND REPORTING REQUIRED

4 PRIOR TO ENGAGEMENT IN SIGNIFICANT ARMED CON5 FLICTS.— 

6 (1) IN GENERAL.—Before ordering the deploy7 ment of members of the Armed Forces into a signifi8 cant armed conflict, the President shall— 

9 (A) consult with the Joint Congressional 

10 Consultation Committee, including providing 

11 sufficient time for the exchange of views regard12 ing whether to engage in the significant armed 

13 conflict; and 

14 (B) submit in writing to the Joint Con15 gressional Consultation Committee a classified 

16 report setting forth the circumstances necessi17 tating the significant armed conflict, the objec18 tives, and the estimated scope and duration of 

19 the conflict. 

20 (2) EXCEPTION.—If the President determines 

21 that the need for secrecy or other emergency cir22 cumstances preclude carrying out the consultation 

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

24 or submitting the report required under subpara25 graph (B) of such paragraph before significant 


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1 armed conflict is ordered or begins, the President 

2 shall carry out such consultation or submit such re3 port not later than three calendar days after the be4 ginning of the significant armed conflict. 

5 (c) ONGOING CONSULTATION DURING SIGNIFICANT

6 ARMED CONFLICTS.—The President shall consult with the 

7 Joint Congressional Consultation Committee at least every 

8 two months for the duration of any significant armed con9 flict. 

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

11 each year, the President shall submit to the Joint Con12 gressional Consultation Committee a classified written re13 port describing, for the previous calendar year— 

14 (1) all significant armed conflicts in which the 

15 United States was engaged; and 

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

17 3(b), other than covert operations, in which the 

18 United States was engaged. 

19 SEC. 7. CONGRESSIONAL APPROVAL OR DISAPPROVAL. 

20 (a) JOINT RESOLUTION OF APPROVAL.— 

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

22 after the deployment of members of the Armed 

23 Forces into a significant armed conflict with respect 

24 to which Congress has not enacted a formal declara25 tion of war or otherwise enacted a specific authorizaVerDate Mar 15 2010 22:49 Sep 09, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5416.IH H5416

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1 tion for the use of military force, the chair and vice 

2 chair of the Joint Congressional Consultative Com3 mittee shall introduce a joint resolution of approval. 

4 (2) CONTENTS OF RESOLUTION.—For purposes 

5 of this subsection, the term ‘‘joint resolution of ap6 proval’’ means a joint resolution the sole matter 

7 after the resolving clause of which is as follows: 

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

9 Armed Forces for the significant armed conflict cov10 ered in the report submitted to the Joint Congres11 sional Consultation Committee pursuant to section 

12 6(b) of the War Powers Consultation Act of 2014 on 

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

14 appropriate date. 

15 (3) REFERRAL TO COMMITTEE.—A joint resolu16 tion of approval introduced in the Senate shall be re17 ferred to the Committee on Foreign Relations of the 

18 Senate. A joint resolution of approval introduced in 

19 the House of Representatives shall be referred to the 

20 Committee on Foreign Affairs of the House of Rep21 resentatives. 

22 (4) DISCHARGE OF COMMITTEE.—If the com23 mittee to which is referred a joint resolution of ap24 proval has not reported such resolution (or an iden25 tical resolution) at the end of 7 calendar days after 


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1 its introduction, such committee shall be deemed to 

2 be discharged from further consideration of such 

3 resolution and such resolution shall be placed on the 

4 appropriate calendar of the House involved. 

5 (5) FLOOR CONSIDERATION.— 

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

7 which a resolution is referred has reported, or 

8 has been deemed to be discharged (under para9 graph (4)) from further consideration of, a joint 

10 resolution of approval, it is at any time there11 after in order (even though a previous motion 

12 to the same effect has been disagreed to) for 

13 any Member of the respective House to move to 

14 proceed to the consideration of the resolution, 

15 and all points of order against the resolution 

16 (and against consideration of the resolution) 

17 are waived. The motion is highly privileged in 

18 the House of Representatives and is privileged 

19 in the Senate and is not debatable. The motion 

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

21 postpone, or to a motion to proceed to the con22 sideration of other business. A motion to recon23 sider the vote by which the motion is agreed to 

24 or disagreed to shall not be in order. If a mo25 tion to proceed to the consideration of the resoVerDate Mar 15 2010 22:49 Sep 09, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5416.IH H5416

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1 lution is agreed to, the resolution shall remain 

2 the unfinished business of the respective House 

3 until disposed of. 

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

5 and on all debatable motions and appeals in 

6 connection therewith, shall be limited to not 

7 more than 10 hours, which shall be divided 

8 equally between those favoring and those oppos9 ing the resolution. A motion further to limit de10 bate is in order and not debatable. An amend11 ment to, or a motion to postpone, or a motion 

12 to proceed to the consideration of other busi13 ness, or a motion to recommit the resolution is 

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

15 which the resolution is agreed to or disagreed to 

16 is not in order. 

17 (C) VOTE ON FINAL PASSAGE.—Imme18 diately following the conclusion of the debate on 

19 the joint resolution of approval and a single 

20 quorum call at the conclusion of the debate if 

21 requested in accordance with the rules of the 

22 appropriate House, the vote on final passage of 

23 the resolution shall occur. 

24 (D) RULINGS OF THE CHAIR ON PROCE25 DURE.—Appeals from the decisions of the Chair 


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1 relating to the application of the rules of the 

2 Senate or the House of Representatives, as the 

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

4 resolution of approval shall be decided without 

5 debate. 

6 (6) COORDINATION WITH ACTION BY OTHER

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

8 joint resolution of approval of that House, that 

9 House receives from the other House a joint resolu10 tion of approval, then the following procedures shall 

11 apply: 

12 (A) The resolution of the other House shall 

13 not be referred to a committee. 

14 (B) With respect to the joint resolution of 

15 approval of the House receiving the resolu16 tion— 

17 (i) the procedure in that House shall 

18 be the same as if no resolution had been 

19 received from the other House; but 

20 (ii) the vote on final passage shall be 

21 on the resolution of the other House. 

22 (7) RULES OF HOUSE OF REPRESENTATIVES

23 AND SENATE.—This subsection is enacted by Con24 gress— 


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1 (A) as an exercise of the rulemaking power 

2 of the Senate and House of Representatives, re3 spectively, and as such it is deemed a part of 

4 the rules of each House, respectively, but appli5 cable only with respect to the procedure to be 

6 followed in that House in the case of a joint 

7 resolution of approval, and it supersedes other 

8 rules only to the extent that it is inconsistent 

9 with such rules; and 

10 (B) with full recognition of the constitu11 tional right of either House to change the rules 

12 (so far as relating to the procedure of that 

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

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

15 rule of that House. 

16 (b) JOINT RESOLUTION OF DISAPPROVAL.— 

17 (1) CONTENTS OF RESOLUTION.—For purposes 

18 of this subsection, the term ‘‘joint resolution of dis19 approval’’ means a joint resolution introduced in a 

20 House after that House has voted against passage of 

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

22 the sole matter after the resolving clause of which is 

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

24 members of the Armed Forces for the significant 

25 armed conflict covered in the report submitted to the 


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1 Joint Congressional Consultation Committee pursu2 ant to section 6(b) of the War Powers Consultation 

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

4 filled with the appropriate date. 

5 (2) FLOOR CONSIDERATION.— 

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

7 of disapproval has been introduced under this 

8 subsection, it is at any time thereafter in order 

9 (even though a previous motion to the same ef10 fect has been disagreed to) for any Member of 

11 the respective House to move to proceed to the 

12 consideration of the resolution, and all points of 

13 order against the resolution (and against con14 sideration of the resolution) are waived. The 

15 motion is highly privileged in the House of Rep16 resentatives and is privileged in the Senate and 

17 is not debatable. The motion is not subject to 

18 amendment, or to a motion to postpone, or to 

19 a motion to proceed to the consideration of 

20 other business. A motion to reconsider the vote 

21 by which the motion is agreed to or disagreed 

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

23 to the consideration of the resolution is agreed 

24 to, the resolution shall remain the unfinished 


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1 business of the respective House until disposed 

2 of. 

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

4 and on all debatable motions and appeals in 

5 connection therewith, shall be limited to not 

6 more than 10 hours, which shall be divided 

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

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

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

14 which the resolution is agreed to or disagreed to 

15 is not in order. 

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

18 the joint resolution of disapproval and a single 

19 quorum call at the conclusion of the debate if 

20 requested in accordance with the rules of the 

21 appropriate House, the vote on final passage of 

22 the resolution shall occur. 

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

25 relating to the application of the rules of the 


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1 Senate or the House of Representatives, as the 

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

3 resolution of disapproval shall be decided with4 out debate. 

5 (3) COORDINATION WITH ACTION BY OTHER

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

7 joint resolution of disapproval of that House, that 

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

10 shall apply: 

11 (A) The resolution of the other House shall 

12 not be referred to a committee. 

13 (B) With respect to the joint resolution of 

14 disapproval of the House receiving the resolu15 tion— 

16 (i) the procedure in that House shall 

17 be the same as if no resolution had been 

18 received from the other House; but 

19 (ii) the vote on final passage shall be 

20 on the resolution of the other House. 

21 (4) RULES OF HOUSE OF REPRESENTATIVES

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

24 (A) as an exercise of the rulemaking power 

25 of the Senate and House of Representatives, reVerDate Mar 15 2010 22:49 Sep 09, 2014 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5416.IH H5416

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

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

4 followed in that House in the case of a joint 

5 resolution of disapproval, and it supersedes 

6 other rules only to the extent that it is incon7 sistent with such rules; and 

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

10 (so far as relating to the procedure of that 

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

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

13 rule of that House. 

14 (c) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed as limiting or otherwise affecting 

16 the right of any Member of Congress to introduce a resolu17 tion or bill approving, disapproving, expanding, narrowing, 

18 or ending a significant armed conflict. 

19 SEC. 8. TREATIES. 

20 Nothing in this Act shall be construed as modifying 

21 any obligations of the United States under any treaty or 

22 international agreement. 

23 SEC. 9. SEVERABILITY. 

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

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1 constitutional, the remainder of the Act, and the applica2 tion of the provisions to any person or circumstance, shall 

3 not be affected by the holding. 

Æ 


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