IA 
114TH CONGRESS 
1ST SESSION 
H. J. RES. 77 
To amend the War Powers Resolution. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 15, 2015 
Mr. DEFAZIO (for himself and Mr. JONES) introduced the following joint reso-
lution; which was referred to the Committee on Foreign Affairs, and in 
addition to the Committee on Rules, for a period to be subsequently de-
termined 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. 
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This joint resolution may be cited as the ‘‘War Pow-
ers Amendments of 2015’’. 
SEC. 2. REVISION OF WAR POWERS RESOLUTION. 
The War Powers Resolution (50 U.S.C. 1541–1548) 
is amended by striking out all after the resolving clause 
and inserting in lieu thereof the following: 
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‘‘SECTION 1. SHORT TITLE; PURPOSE; CONGRESSIONAL 
LEGISLATIVE AUTHORITY. 
‘‘(a) SHORT TITLE.—This joint resolution may be 
cited as the ‘War Powers Resolution’. 
‘‘(b) PURPOSE.—It is the purpose of this joint resolu-
tion to fulfill the intent of the framers of the Constitution 
of the United States and ensure that the collective judg-
ment of both the Congress and the President will apply 
to— 
‘‘(1) the introduction of the Armed Forces into 
hostilities; 
‘‘(2) the continued use of the Armed Forces in 
hostilities; and 
‘‘(3) the participation of the Armed Forces in 
certain military operations of the United Nations. 
‘‘(c) CONGRESSIONAL LEGISLATIVE AUTHORITY.— 
Among the powers granted to the Congress by the Con-
stitution are— 
‘‘(1) the power to declare war; 
‘‘(2) the power of the purse (‘No Money shall 
be drawn from the Treasury, but in Consequence of 
Appropriations made by Law’); and 
‘‘(3) the power to make all laws necessary and 
proper for carrying into execution not only its own 
powers but also all other powers vested by the Con-
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stitution in the Government of the United States, or 
in any department or officer thereof. 
‘‘SEC. 2. EMERGENCY USES OF THE ARMED FORCES IN HOS-
TILITIES. 
‘‘(a) IN GENERAL.—The Armed Forces may be intro-
duced into hostilities only as follows: 
‘‘(1) DECLARATION OF WAR.—Pursuant to a 
declaration of war by the Congress. 
‘‘(2) SPECIFIC STATUTORY AUTHORIZATION.— 
In accordance with a specific statutory authoriza-
tion. 
‘‘(3) ARMED ATTACK ON UNITED STATES.—To 
the extent necessary— 
‘‘(A) to repel an armed attack upon the 
United States; 
‘‘(B) to take necessary and appropriate re-
taliatory actions in the event of such an attack; 
or 
‘‘(C) to forestall the direct and imminent 
threat of such an attack. 
‘‘(4) 
ARMED
ATTACK
ON
THE
ARMED 
FORCES.—To the extent necessary— 
‘‘(A) to repel an armed attack against 
Armed Forces located outside the United 
States; or 
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‘‘(B) to forestall the direct and imminent 
threat of such an attack. 
‘‘(5) EVACUATION
OF
UNITED
STATES
CITI-
ZENS.—To the extent necessary to protect United 
States citizens or nationals while evacuating them as 
rapidly as possible from a situation, outside the 
United States, that directly and imminently threat-
ens their lives or liberty and— 
‘‘(A) the threatened deprivation of life or 
liberty is contrary to international law or is oth-
erwise illegal; and 
‘‘(B) in a case where the source of the 
threat is within a foreign country, the threat is 
supported by the government of that country or 
the government of that country is unable or un-
willing to control the situation. 
The President shall make every effort to terminate 
any such threat without using the Armed Forces. 
Before using the Armed Forces to protect United 
States citizens or nationals being evacuated from a 
foreign country in accordance with this paragraph, 
the President shall, where possible, obtain the con-
sent of the government of that country. 
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‘‘(b) CONDITIONS ON EMERGENCY USE OF ARMED 
FORCES.—Any use of the Armed Forces in accordance 
with paragraph (3), (4), or (5) of subsection (a)— 
‘‘(1) is subject to the requirements of sections 
3, 4, and 5; and 
‘‘(2) shall be limited, in terms of the Armed 
Forces which are used and the manner in which they 
are used, to such use as is essential in order to 
achieve the purpose described in that paragraph. 
‘‘(c) FUNDING LIMITATION.—Funds appropriated or 
otherwise made available under any law may not be obli-
gated or expended for any introduction, other than an in-
troduction described in subsection (a), of the Armed 
Forces into hostilities. 
‘‘SEC. 3. CONSULTATION BETWEEN THE PRESIDENT AND 
CONGRESS. 
‘‘(a) REQUIREMENTS FOR CONSULTATION.—(1) The 
President, in every possible instance, shall consult with the 
Congress before the Armed Forces are introduced into 
hostilities in accordance with paragraph (3), (4), or (5) 
of section 2(a). After every such introduction, the Presi-
dent shall consult regularly with the Congress until the 
Armed Forces are no longer in hostilities. 
‘‘(2) The President, in every possible instance, shall 
consult with the Congress— 
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‘‘(A) before Armed Forces are introduced into 
the territory, airspace, or waters of a foreign country 
while equipped for combat, except for deployments 
which relate solely to supply, replacement, repair, or 
training of such forces; 
‘‘(B) before Armed Forces are introduced into 
the territory, airspace, or waters of a foreign country 
in which there are already Armed Forces equipped 
for combat if such introduction would substantially 
enlarge the number of Armed Forces equipped for 
combat located in that country or otherwise substan-
tially increase the military capabilities of such 
forces; or 
‘‘(C) before committing Armed Forces to an op-
eration authorized by the United Nations Security 
Council under chapter VII of the United Nations 
Charter. 
‘‘(b) 
EXECUTIVE-LEGISLATIVE
CONSULTATIVE 
GROUP.—The consultation required by subsection (a) 
shall include participation by— 
‘‘(1) the President and those senior executive 
branch officials designated by the President; and 
‘‘(2) those Members of the House of Represent-
atives designated by the Speaker of the House of 
Representatives, and those members of the Senate 
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designated by the President pro tempore of the Sen-
ate. 
‘‘(c) WHAT CONSULTATION REQUIRES.—In order to 
satisfy the consultation requirement of this section, the 
President must ask Members of Congress for their advice 
and opinions before the decision is made to introduce the 
Armed Forces. Such consultation requires that all infor-
mation relevant to the situation must be made available 
to the Members of Congress being consulted. The con-
sultation requirement of this section is not met, however, 
if the Congress is merely informed about the situation. 
‘‘SEC. 4. REPORTS TO THE CONGRESS. 
‘‘(a) REPORTING
REQUIREMENT.—The President 
shall submit the report described in subsection (b) within 
48 hours after the Armed Forces are introduced into hos-
tilities in accordance with paragraph (3), (4), or (5) of 
section 2(a). 
‘‘(b) DESCRIPTION OF REPORT REQUIRED.—The re-
port required by subsection (a) is a written report sub-
mitted by the President to the Speaker of the House of 
Representatives and the President pro tempore of the Sen-
ate on the same calendar day, setting forth— 
‘‘(1) the circumstances necessitating the intro-
duction of the Armed Forces; 
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‘‘(2) the specific constitutional and legislative 
authority under which such introduction took place; 
and 
‘‘(3) the estimated scope and duration of the 
hostilities or the involvement of the Armed Forces, 
as the case may be. 
Any such report shall state expressly that it is being sub-
mitted pursuant to this section. 
‘‘(c) ADDITIONAL
INFORMATION.—The President 
shall provide such other information as the Congress may 
request in the fulfillment of its constitutional responsibil-
ities with respect to committing the Nation to war and 
to the use of the Armed Forces abroad. 
‘‘(d) CONTINUING REPORTS.—Whenever the Armed 
Forces are introduced into hostilities the President shall, 
so long as the Armed Forces continue to be involved in 
those or related hostilities, report to the Congress periodi-
cally on the status of such hostilities as well as on the 
scope and estimated duration of such hostilities, but in 
no event shall the President report to the Congress less 
often than once every six months. 
‘‘SEC. 5. CONGRESSIONAL ACTION WITH RESPECT TO HOS-
TILITIES. 
‘‘(a) RECEIPT OF SECTION 4(a) REPORT.—Each re-
port submitted pursuant to section 4(a) shall be referred 
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to the Committee on Foreign Affairs of the House of Rep-
resentatives and to the Committee on Foreign Relations 
of the Senate for appropriate action. If, when the report 
is transmitted, the Congress has adjourned sine die or has 
adjourned for any period in excess of three calendar days, 
the Speaker of the House of Representatives and the 
President pro tempore of the Senate, if they deem it advis-
able (or if they are petitioned by at least 30 percent of 
the membership of their respective Houses) shall jointly 
request the President to convene the Congress in order 
that it may consider the report and take appropriate ac-
tion pursuant to this section. 
‘‘(b) REQUIREMENT FOR SPECIFIC STATUTORY AU-
THORIZATION FOR CONTINUED INVOLVEMENT.—Within 
60 calendar days after the Armed Forces are introduced 
into hostilities in accordance with paragraph (3), (4), or 
(5) of section 2(a), the President shall remove the Armed 
Forces from those hostilities unless the Congress— 
‘‘(1) has declared war; 
‘‘(2) has enacted a joint resolution providing 
specific authorization for such use of the Armed 
Forces; 
‘‘(3) has extended by law such 60-day period; or 
‘‘(4) is physically unable to meet as a result of 
an armed attack upon the United States. 
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This 60-day period shall be extended for not more than 
an additional 30 days if the President determines and cer-
tifies to the Congress in writing that unavoidable military 
necessity respecting the safety of the Armed Forces re-
quires the continued use of the Armed Forces in the 
course of bringing about their prompt removal from hos-
tilities. 
‘‘(c) FUNDING LIMITATION.—Unless one of the num-
bered paragraphs of subsection (b) applies, after the expi-
ration of the period specified in that subsection (including 
any extension of that period in accordance with that sub-
section), funds appropriated or otherwise made available 
under any law may not be obligated or expended to con-
tinue the involvement of the Armed Forces in the hos-
tilities. This subsection does not, however, prohibit the use 
of funds to remove the Armed Forces from hostilities. 
‘‘SEC. 6. CONGRESSIONAL EXPEDITED PROCEDURES. 
‘‘(a) RESOLUTIONS SUBJECT TO PROCEDURES.—As 
used in this section, the term ‘privileged resolution’ means 
a joint resolution— 
‘‘(1) that provides specific authorization for the 
use of the Armed Forces in hostilities, so long as 
that resolution contains only provisions which are 
relevant to those hostilities; and 
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‘‘(2) that is introduced after the President has 
submitted a written request to the Congress for en-
actment of such an authorization with respect to 
those or related hostilities. 
‘‘(b) PROCEDURE
IN
HOUSE
OF
REPRESENTA-
TIVES.—(1) This subsection applies to the consideration 
of a privileged resolution in the House of Representatives. 
‘‘(2) A privileged resolution introduced in the House 
of Representatives shall be referred, upon introduction, to 
the Committee on Foreign Affairs. A privileged resolution 
shall not be sequentially referred. 
‘‘(3)(A) If, at the end of 10 calendar days after the 
introduction of a privileged resolution, the Committee on 
Foreign Affairs has not reported that resolution, that 
committee shall be discharged from further consideration 
of that resolution and that resolution shall be placed on 
the appropriate calendar of the House. 
‘‘(B) After a privileged resolution has been placed on 
the appropriate calendar, no other resolution with respect 
to the same or related hostilities may be reported by or 
be discharged from any committee under this subsection 
while the first resolution— 
‘‘(i) is before the House of Representatives (in-
cluding remaining on the calendar); 
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‘‘(ii) is before the Senate (including remaining 
on the calendar) unless the Senate has had a vote 
on final passage with respect to the resolution and 
a majority of those voting did not vote in the affirm-
ative; 
‘‘(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. 
‘‘(4)(A)(i) At any time after a privileged resolution 
has been placed on the appropriate calendar, it is in order 
for any Member of the House of Representatives to move 
that the House resolve itself into the Committee of the 
Whole House on the State of the Union for the consider-
ation of that resolution. The motion is highly privileged. 
‘‘(ii) The motion under clause (i) is in order even if 
a previous motion to the same effect has been disagreed 
to. 
‘‘(B) All points of order against a privileged resolu-
tion and consideration of the resolution are waived. If the 
motion under subparagraph (A) is agreed to, the privi-
leged resolution shall remain the unfinished business of 
the House until disposed of, to the exclusion of all other 
business (other than a motion to adjourn), except as pro-
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vided in paragraph (5)(A). A motion to reconsider the vote 
by which the motion is disagreed to is not in order. 
‘‘(C) General debate on a privileged resolution shall 
not exceed 4 hours, which shall be divided equally between 
a Member favoring and a Member opposing the resolution. 
‘‘(D)(i) At the conclusion of general debate, a privi-
leged resolution shall be considered for amendment under 
the 5-minute rule. 
‘‘(ii) Debate on all amendments shall not exceed 12 
hours. After the expiration of that period, no further 
amendments shall be in order. 
‘‘(iii) Except as provided in the next sentence, debate 
on each amendment, and any amendments thereto, shall 
not exceed one hour. If the Committee on Foreign Affairs 
reports an amendment in the nature of a substitute to the 
text of a privileged resolution, that amendment shall be 
considered to be original text for purposes of amendment 
and debate on each amendment to that amendment, and 
any amendments thereto, shall not exceed one hour. 
‘‘(E) At the conclusion of consideration of amend-
ments to a privileged resolution, the Committee of the 
Whole shall rise and report the resolution back to the 
House, and the previous question shall be considered as 
ordered on the resolution, with any amendments adopted 
in the Committee of the Whole, to final passage without 
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intervening motion, except one motion to recommit with 
or without instructions. 
‘‘(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, 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. 
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‘‘(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. 
‘‘(8) This subsection is enacted by the House of Rep-
resentatives— 
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‘‘(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 
further consideration of that resolution, and that resolu-
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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 may be reported by or be 
discharged from such committee while the first resolu-
tion— 
‘‘(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 
though a previous motion to the same effect has been dis-
agreed to) for any Member of the Senate to move to pro-
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ceed to the consideration of the resolution, notwith-
standing any rule or precedent of the Senate, including 
Rule 22. Except as provided in clause (ii) of this subpara-
graph or subparagraph (B) of this paragraph (insofar as 
it relates to germaneness and relevancy of amendments), 
all points of order against a privileged resolution and con-
sideration of the resolution are waived. The motion is priv-
ileged 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-
cided by the yeas and the nays after four hours of debate, 
equally divided between, and controlled by, the Member 
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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 
by the Committee on Foreign Relations. Debate on any 
amendment to an amendment shall be limited to 1 hour. 
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‘‘(iv) The time of debate for each amendment shall 
be equally divided between, and controlled by, the mover 
of the amendment and the manager of the resolution, ex-
cept that in the event the manager is in favor of any such 
amendment, the time in opposition thereto shall be con-
trolled by the Minority Leader or his designee. 
‘‘(v) One amendment by the Minority Leader is in 
order to be offered under a one-hour time limitation imme-
diately following the expiration of the 12-hour time limita-
tion if the Minority Leader has had no opportunity prior 
thereto to offer an amendment to the privileged resolution. 
One amendment may be offered to the amendment of the 
Minority Leader under the preceding sentence, and debate 
shall be limited on such amendment to one-half hour which 
shall be equally divided between, and controlled by, the 
mover of the amendment and the manager of the resolu-
tion, except that in the event the manager is in favor of 
any such amendment, the time in opposition thereto shall 
be controlled by the Minority Leader or his designee. 
‘‘(vi) A motion to postpone or a motion to recommit 
a privileged resolution is not in order. A motion to recon-
sider the vote by which a privileged resolution is agreed 
to or disagreed to is in order, except that such motion 
may not be entered for future disposition, and debate on 
such motion shall be limited to 1 hour. 
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‘‘(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 privileged resolution 
from the House of Representatives with respect to the 
same or related hostilities, then the following procedures 
shall apply: 
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•HJ 77 IH 
resolution is introduced in the Senate with respect to the 
same or related hostilities, then the resolution received 
shall be referred to the Committee on Foreign Relations, 
and the procedures in the Senate with respect to that reso-
lution shall be the same under this section as if the resolu-
tion 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 pro-
ceedings between the two Houses, except that in the event 
the manager is in favor of any such motion, the time in 
opposition thereto shall be controlled by the Minority 
Leader 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 
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•HJ 77 IH 
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-
sage on such measure shall be limited to 20 hours in the 
Senate, equally divided between, and controlled by, the 
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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. 7. 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 
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compliance is a political question or is otherwise nonjus-
ticiable. 
‘‘(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; and 
‘‘(2) find that an impasse exists between the 
Congress and the executive branch 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 4(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. 
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‘‘(2) If the court in an action described in subsection 
(a) finds that section 2 or section 5(b) of this joint resolu-
tion has been violated, the court shall direct the President 
to remove the Armed Forces from the hostilities. 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, 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. 8. RULES OF INTERPRETATION. 
‘‘(a) OTHER STATUTES AND TREATIES.—Authority 
to introduce the Armed Forces into hostilities 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-
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sion specifically authorizes the introduction of the 
Armed Forces into hostilities and states that it is in-
tended 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 and stating that it is 
intended to constitute specific statutory authoriza-
tion 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 
‘‘(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 as a finding by 
the Congress that such involvement is consistent with this 
joint resolution. 
‘‘SEC. 9. DEFINITIONS. 
‘‘For purposes of this joint resolution, the following 
definitions apply: 
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•HJ 77 IH 
‘‘(1) 
ARMED
FORCES.—The 
term 
‘Armed 
Forces’ means the armed forces of the United 
States. 
‘‘(2) HOSTILITIES.—The term ‘hostilities’ in-
cludes a situation where overt acts of warfare are 
taking place, such as— 
‘‘(A) the exchange of fire between regular 
or irregular military forces; or 
‘‘(B) the aerial or naval bombardment of 
military or civilian targets by regular or irreg-
ular military forces, 
regardless of whether the Armed Forces are partici-
pating in the exchange of fire or the bombardment. 
‘‘(3) INTRODUCE.—The term ‘introduce’ in-
cludes— 
‘‘(A) any commitment, engagement, or 
other involvement of the Armed Forces in hos-
tilities, including the taking of self-defense 
measures by the Armed Forces in response 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 
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those forces are involved in hostilities (regard-
less of whether those hostilities involve insur-
gent forces or the military forces of a foreign 
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. 10. 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 
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