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‘‘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.
‘‘(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
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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—
‘‘(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
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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.
‘‘(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
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Armed Forces into hostilities or situations where im-
minent involvement in hostilities is clearly indicated
by the circumstances and stating that it is intended
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.
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‘‘(2) HOSTILITIES OR IMMINENT INVOLVEMENT
IN HOSTILITIES.—The term ‘hostilities or situations
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-
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ment in hostilities is clearly indicated by the
circumstances, including the taking of self-de-
fense measures by the Armed Forces in re-
sponse to an attack or threatened attack;
‘‘(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); and
‘‘(C) the assigning or detailing of members
of the Armed Forces to an operation authorized
by the United Nations Security Council under
chapter VII of the United Nations Charter.
‘‘(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-
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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.’’.
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