•HJ 284 IH
‘‘(5)(A) Except as provided in subparagraph (B), if,
before the passage by the House of Representatives of a
privileged resolution of the House, the House receives a
privileged resolution from the Senate with respect to the
same or related hostilities or situations where imminent
involvement in hostilities is clearly indicated by the cir-
cumstances, then the following procedures shall apply:
‘‘(i) The resolution of the Senate shall not be
referred to a committee.
‘‘(ii) With respect to the privileged resolution of
the House—
‘‘(I) the procedure in the House shall be
the same as if no resolution had been received
from the Senate; but
‘‘(II) the privileged resolution of the Sen-
ate shall be considered to have been read for
the third time; the vote on final passage shall
be on the resolution of the Senate (if the resolu-
tions are identical), or on the resolution of the
Senate (if they are not identical) with the text
of the resolution of the House inserted in lieu
of the text of the resolution of the Senate; and
the vote on final passage shall occur without de-
bate or any intervening action.
•HJ 284 IH
‘‘(iii) Upon disposition of a privileged resolution
received from the Senate, consideration of the privi-
leged resolution of the House shall no longer be priv-
ileged under this section.
‘‘(B) If the House receives from the Senate a privi-
leged resolution before any privileged resolution is intro-
duced in the House with respect to the same or related
hostilities or situations where imminent involvement in
hostilities is clearly indicated by the circumstances, then
the resolution of the Senate shall be referred to the appro-
priate committee or committees, and the procedures in the
House with respect to that resolution shall be the same
under this subsection as if the resolution received had been
introduced in the House.
‘‘(C) If the House receives from the Senate a privi-
leged resolution after the House has disposed of an iden-
tical privileged resolution, it shall be in order to proceed
by a highly privileged, nondebatable motion to consider-
ation of the resolution of the Senate, and that resolution
shall be disposed of without debate and without amend-
ment.
‘‘(6) A motion to disagree with amendments of the
Senate to a privileged resolution of the House and request
or agree to a conference with the Senate, or a motion to
insist on the House amendments to a privileged resolution
•HJ 284 IH
of the Senate and request or agree to a conference of the
Senate, is highly privileged.
‘‘(7)(A) If the conferees are unable to agree on resolv-
ing the differences between the two Houses with respect
to a privileged resolution within 72 hours after the second
House is notified that the first House has agreed to con-
ference, they shall report back to their respective House
in disagreement.
‘‘(B) Notwithstanding any rule of the House of Rep-
resentatives concerning the printing of conference reports
in the Congressional Record or concerning any delay in
the consideration of such reports, a conference report with
respect to a privileged resolution, including a report filed
in disagreement, shall be acted on in the House of Rep-
resentatives not later than 2 session days after the first
House files the report or, in the case of the House acting
first, the report has been available for 2 hours. The con-
ference report (and any amendment reported in disagree-
ment) shall be deemed to have been read. Debate on such
a conference report shall be limited to 3 hours, equally
divided between, and controlled by the Majority Leader
and the Minority Leader (or their designees).
‘‘(C) As used in subparagraph (B), the term ‘session
day’ means a day on which the House of Representatives
convenes.
•HJ 284 IH
‘‘(8) This subsection is enacted by the House of
Representatives—
‘‘(A) as an exercise of the rulemaking power of
the House of Representatives, and as such it is
deemed a part of the rules of the House, but appli-
cable only with respect to the procedure to be fol-
lowed in the House in the case of a privileged resolu-
tion, and it supersedes other rules only to the extent
that it is inconsistent with such rules; and
‘‘(B) with full recognition of the constitutional
right of the House to change its rules (so far as re-
lating to the procedure of the House) at any time,
in the same manner, and to the same extent as in
the case of any other rule of the House.
‘‘(c) PROCEDURES IN THE SENATE—(1) This sub-
section applies to the consideration of a privileged resolu-
tion in the Senate.
‘‘(2) For purposes of this subsection, the term ‘ses-
sion days’ means days on which the Senate is in session.
‘‘(3) A privileged resolution introduced in the Senate
shall be referred to the Committee on Foreign Relations.
‘‘(4)(A) If the Committee on Foreign Relations has
not reported a privileged resolution (or an identical resolu-
tion) at the end of 7 calendar days after the introduction
of that resolution, that committee shall be discharged from
•HJ 284 IH
further consideration of that resolution, and that resolu-
tion shall be placed on the appropriate calendar of the
Senate.
‘‘(B) After a committee reports or is discharged from
a privileged resolution, no other resolution with respect to
the same or related hostilities, or situations in which immi-
nent involvement in hostilities is clearly indicated by the
circumstances, may be reported by or be discharged from
such committee while the first resolution—
‘‘(i) is before the Senate (including remaining
on the calendar),
‘‘(ii) is before the House of Representatives (in-
cluding remaining on the calendar), unless the
House has had a vote on final passage with respect
to the resolution and a majority of those voting did
not vote in the affirmative,
‘‘(iii) is before a committee of conference or
otherwise awaiting disposition of amendments be-
tween the Houses, or
‘‘(iv) is awaiting transmittal to the President or
is before the President.
‘‘(5)(A)(i) When the committee to which a privileged
resolution is referred has reported, or has been discharged
under paragraph (4) from further consideration of that
resolution, it is at any time thereafter in order (even
•HJ 284 IH
though a previous motion to the same effect has been dis-
agreed to) for any Member of the Senate to move to pro-
ceed to the consideration of the resolution, notwithstand-
ing any rule or precedent of the Senate, including Rule
22. Except as provided in clause (ii) of this subparagraph
or subparagraph (B) of this paragraph (insofar as it re-
lates to germaneness and relevancy of amendments), all
points of order against a privileged resolution and consid-
eration of the resolution are waived. The motion is privi-
leged and is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall be in
order, except that such motion may not be entered for fu-
ture disposition. If a motion to proceed to the consider-
ation of a privileged resolution is agreed to, the resolution
shall remain the unfinished business of the Senate, to the
exclusion of all other business, until disposed of, except
as otherwise provided in paragraph (6)(A).
‘‘(ii) Whenever a point of order is raised in the Senate
against the privileged status of a resolution that has been
laid before the Senate and been initially identified as privi-
leged for consideration under this subsection upon its in-
troduction, such point of order shall be submitted directly
to the Senate. The point of order, ‘The resolution is not
privileged under the War Powers Resolution’, shall be de-
•HJ 284 IH
cided by the yeas and the nays after four hours of debate,
equally divided between, and controlled by, the Member
raising the point of order and the manager of the resolu-
tion, except that in the event the manager is in favor of
such point of order, the time in opposition thereto shall
be controlled by the Minority Leader or his designee. Such
point of order shall not be considered to establish prece-
dent for determination of future cases.
‘‘(B)(i) Consideration in the Senate of a privileged
resolution, and all amendments and debatable motions in
connection therewith, shall be limited to not more than
12 hours, which, except as otherwise provided in this sub-
section, shall be equally divided between, and controlled
by, the Majority Leader and the Minority Leader, or by
their designees. The Majority Leader or the Minority
Leader or their designees may, from the time under their
control on the resolution, allot additional time to any Sen-
ator during the consideration of any amendment, debat-
able motion, or appeal.
‘‘(ii) Only amendments which are germane and rel-
evant to a privileged resolution are in order.
‘‘(iii) Debate on any amendment to a privileged reso-
lution shall be limited to two hours, except that this limita-
tion does not apply to an amendment in the nature of a
substitute to the text of the resolution that is reported
•HJ 284 IH
may not be entered for future disposition, and debate on
such motion shall be limited to 1 hour.
‘‘(C) Whenever all the time for debate on a privileged
resolution has been used or yielded back, no further
amendments may be proposed, except as provided in sub-
paragraph (B)(iii), and the vote on the adoption of the
resolution shall occur without any intervening motion or
amendment, except that a single quorum call at the con-
clusion of the debate if requested in accordance with the
rules of the Senate may occur immediately before such
vote.
‘‘(D) Appeals from the decisions of the Chair relating
to the application of the Rules of the Senate to the proce-
dure relating to a privileged resolution shall be limited to
one-half hour of debate, equally divided between, and con-
trolled by, the Member making the appeal and the man-
ager of the resolution, except that in the event the man-
ager is in favor of any such appeal, the time in opposition
thereto shall be controlled by the Minority Leader or his
designee.
‘‘(6)(A) Except as provided in subparagraph (B), if,
before the passage by the Senate of a privileged resolution
of the Senate, the Senate receives a priviledged resolution
from the House of Representatives with respect to the
same or related hostilities or situations where imminent
•HJ 284 IH
involvement in hostilities is clearly indicated by the cir-
cumstances, then the following procedures shall apply:
‘‘(i) The privileged resolution of the House of
Representatives shall not be referred to a committee.
‘‘(ii) With respect to the privileged resolution of
the Senate—
‘‘(I) the procedure in the Senate shall be
the same as if no resolution had been received
from the House of Representatives; but
‘‘(II) the resolution of the House of Rep-
resentatives shall be considered to have been
read for the third time; the vote on final pas-
sage shall be on the resolution of the House of
Representatives (if such resolutions are iden-
tical) or on the resolution of the House of Rep-
resentatives (if not identical), with the text of
the resolution of the Senate inserted in lieu of
the text of the resolution of the House of Rep-
resentatives; and such vote on final passage
shall occur without debate or any intervening
action.
‘‘(iii) Upon disposition of a privileged resolution
received from the House of Representatives, it shall
no longer be in order to consider the resolution origi-
nated in the Senate.
•HJ 284 IH
‘‘(B) If the Senate receives a privileged resolution
from the House of Representatives before any privileged
resolution is introduced in the Senate with respect to the
same or related hostilities or situations where imminent
involvement in hostilities is clearly indicated by the cir-
cumstances, then the resolution received shall be referred
to the Committee on Foreign Relations, and the proce-
dures in the Senate with respect to that resolution shall
be the same under this section as if the resolution received
had been introduced in the Senate.
‘‘(7) If the Senate receives a privileged resolution
from the House of Representatives after the Senate has
disposed of an identical privileged resolution, it shall be
in order to proceed by nondebatable motion to consider-
ation of the resolution received by the Senate, and that
resolution shall be disposed of without debate and without
amendment.
‘‘(8)(A)(i) The time for debate in the Senate on all
motions required for the disposition of amendments be-
tween the Houses shall not exceed 2 hours, equally divided
between, and controlled by, the mover of the motion and
the manager of the resolution at each stage of the proceed-
ings between the two Houses, except that in the event the
manager is in favor of any such motion, the time in oppo-
sition thereto shall be controlled by the Minority Leader
•HJ 284 IH
or his designee. In the case of any disagreement between
the two Houses of Congress with respect to a privileged
resolution which is not resolved, any Senator may make
any motion or motions referred to in this clause within
2 session days after action by the second House or before
the appointment of conferees, whichever comes first.
‘‘(ii) In the event the conferees are unable to agree
within 72 hours after the second House is notified that
the first House has agreed to conference, they shall report
back to their respective House in disagreement.
‘‘(iii) Notwithstanding any rule in the Senate con-
cerning the printing of conference reports in the Congres-
sional Record or concerning any delay in the consideration
of such reports, such report, including a report filed or
returned in disagreement, shall be acted on in the Senate
not later than 2 session days after the first House files
the report or, in the case of the Senate acting first, the
report is first made available on the desks of the Senators.
Debate in the Senate on a conference report or a report
filed or returned in disagreement on any such resolution
shall be limited to 3 hours, equally divided between, and
controlled by, the Majority Leader and the Minority Lead-
er, and their designees.
‘‘(B) If a privileged resolution is vetoed by the Presi-
dent, the time for debate in consideration of the veto mes-
•HJ 284 IH
sage on such measure shall be limited to 20 hours in the
Senate, equally divided between, and controlled by, the
Majority Leader and the Minority Leader, and their des-
ignees.
‘‘(9) This subsection is enacted by the Senate—
‘‘(A) as an exercise of the rulemaking power of
the Senate, as such it is deemed a part of the rules
of the Senate but applicable only with respect to the
procedure to be followed in the Senate in the case
of a privileged resolution, and it supersedes other
rules only to the extent that it is inconsistent with
such rules; and
‘‘(B) with full recognition of the constitutional
right of the Senate to change its rules (so far as re-
lating to the procedure of the Senate) at any time,
in the same manner, and to the same extent as in
the case of any other rule of the Senate.
‘‘SEC. 8. JUDICIAL REVIEW.
‘‘(a) STANDING OF MEMBERS OF CONGRESS.—Any
Member of Congress may bring an action in the United
States District Court for the District of Columbia for de-
claratory judgment and injunctive relief on the ground
that the President or the Armed Forces have not complied
with any provision of this joint resolution.
•HJ 284 IH
‘‘(b) JUSTICIABILITY.—In any action described in
subsection (a), the court shall not decline to make a deter-
mination on the merits on the ground that the issue of
compliance is a political question or is otherwise
nonjusticiable.
‘‘(c) CONGRESSIONAL INTENT.—Notwithstanding the
number, position, or party affiliation of any plaintiffs in
an action described in subsection (a), it is the intent of
the Congress that the court—
‘‘(1) infer congressional disapproval of the in-
volvement of the Armed Forces in hostilities or situ-
ations where involvement in hostilities is clearly indi-
cated by the circumstances; and
‘‘(2) find that an impasse exists between the
Congress and the Executive which requires judicial
resolution.
‘‘(d) EXPEDITED CONSIDERATION.—Any court in
which an action described in subsection (a) is heard shall
accord such action the highest priority and shall announce
its judgment as speedily as the requirements of Article III
of the Constitution permit.
‘‘(e) JUDICIAL REMEDY.—(1) If the court in an ac-
tion described in subsection (a) finds that the President
has failed to submit a report required by section 5(a) of
this joint resolution, the court shall—
•HJ 284 IH
‘‘(A) direct the President to submit that report;
and
‘‘(B) specify the date on which the Armed
Forces were introduced into hostilities or situations
where imminent involvement in hostilities is clearly
indicated by the circumstances.
‘‘(2) If the court in an action described in subsection
(a) finds that section 3 or section 6(b) of this joint resolu-
tion has been violated, the court shall direct the President
to remove the Armed Forces from the hostilities or situa-
tions where involvement in hostilities is clearly indicated
by the circumstances. The Armed Forces shall be removed
pursuant to the court’s order—
‘‘(A) immediately, or
‘‘(B) if the President determines and certifies
to the Congress in writing that unavoidable military
necessity respecting the safety of the Armed Forces
requires the continued use of the Armed Forces in
the course of bringing about their prompt removal
from hostilities and situations where imminent in-
volvement in hostilities is clearly indicated by the
circumstances, within a period not to exceed 30 days
after the order is issued.
•HJ 284 IH
‘‘(f) APPEALS.—Any judgment in an action described
in subsection (a) shall be directly appealable to the United
States Supreme Court.
‘‘SEC. 9. RULES OF INTERPRETATION.
‘‘(a) OTHER STATUTES AND TREATIES.—Authority
to introduce the Armed Forces into hostilities or situations
where imminent involvement in hostilities is clearly indi-
cated by the circumstances shall not be inferred—
‘‘(1) from any provision of law (including any
provision in effect before the date of enactment of
this joint resolution), including any provision con-
tained in any appropriation Act, unless that provi-
sion specifically authorizes the introduction of the
Armed Forces into hostilities or situations where im-
minent involvement in hostilities is clearly indicated
by the circumstances and states that it is intended
to constitute specific statutory authorization within
the meaning of this joint resolution; or
‘‘(2) from any treaty heretofore or hereafter
ratified unless that treaty is implemented by legisla-
tion specifically authorizing the introduction of the
Armed Forces into hostilities or situations where im-
minent involvement in hostilities is clearly indicated
by the circumstances and stating that it is intended
•HJ 284 IH
to constitute specific statutory authorization within
the meaning of this joint resolution.
‘‘(b) CONGRESSIONAL ACTION OR INACTION.—The
failure of the Congress to adopt a measure—
‘‘(1) terminating, limiting, or prohibiting the in-
volvement of the Armed Forces in hostilities or situ-
ations where imminent involvement in hostilities is
clearly indicated by the circumstances, or
‘‘(2) finding that the President or the Armed
Forces are acting in violation of this joint resolution,
may not be construed as indicating congressional author-
ization or approval of, or acquiescence in, the involvement
of the Armed Forces in any hostilities or situations where
imminent involvement in hostilities is clearly indicated by
the circumstances or as a finding by the Congress that
such involvement is consistent with this joint resolution.
‘‘SEC. 10. DEFINITIONS.
‘‘For purposes of this joint resolution, the following
definitions apply:
‘‘(1) 
ARMED
FORCES.—The 
term 
‘Armed
Forces’ means the armed forces of the United
States.
‘‘(2) HOSTILITIES OR IMMINENT INVOLVEMENT
IN HOSTILITIES.—The term ‘hostilities or situations
•HJ 284 IH
where imminent involvement in hostilities is clearly
indicated by the circumstances’ includes—
‘‘(A) a situation where overt acts of war-
fare are taking place, such as—
‘‘(i) the exchange of fire between reg-
ular or irregular military forces, or
‘‘(ii) the aerial or naval bombardment
of military or civilian targets by regular or
irregular military forces,
regardless of whether the Armed Forces are
participating in the exchange of fire or the
bombardment;
‘‘(B) a state of confrontation in which,
even if no overt act of warfare has occurred,
there is a clear and present danger of armed
conflict; and
‘‘(C) any other situation in which there is
a clear potential for hostilities.
‘‘(3) INTRODUCE.—The term ‘introduce’ in-
cludes—
‘‘(A) any commitment, engagement, or
other involvement of the Armed Forces in hos-
tilities or situations where imminent involve-
ment in hostilities is clearly indicated by the
circumstances, including the taking of self-de-
•HJ 284 IH
fense measures by the Armed Forces in re-
sponse to an attack or threatened attack; and
‘‘(B) the assigning or detailing of members
of the Armed Forces to command, coordinate,
participate in the movement of, accompany, or
provide logistical support or training for any
foreign regular or irregular military forces if
those forces are involved in hostilities or situa-
tions where imminent involvement in hostilities
is clearly indicated by the circumstances (re-
gardless of whether those hostilities involve in-
surgent forces or the military forces of a for-
eign country).
‘‘(4) UNITED
STATES; COUNTRY.—The terms
‘United States’ and ‘country’, when used in a geo-
graphic sense, include territories and possessions.
‘‘SEC. 11. SEPARABILITY CLAUSE.
‘‘If any provision of this joint resolution or the appli-
cation thereof to any person or circumstance is held in-
valid, the remainder of the joint resolution and the appli-
cation of such provision to any other person or cir-
cumstance shall not be affected thereby.’’.
Æ