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 pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To repeal the War Powers Resolution and to provide for 
proper war powers consultation, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘War Powers Consulta-
tion Act of 2014’’. 
SEC. 2. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
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(1) The War Powers Resolution (50 U.S.C. 
1541 et seq.) has not worked as intended, and has 
added to the divisiveness and uncertainty that exists 
regarding the war powers of the President and Con-
gress. 
(2) The American people want both the Presi-
dent and Congress involved in the decisionmaking 
process when United States Armed Forces are com-
mitted to significant armed conflict, and the involve-
ment of both branches is important in building do-
mestic understanding and political support for doing 
so and ensuring the soundness of the resulting deci-
sion. 
(3) Past efforts to call upon the judicial branch 
to define the constitutional limits of the war powers 
of the executive and legislative branches of govern-
ment have generally failed because courts, for the 
most part, have declined jurisdiction on the grounds 
that the issues involved are ‘‘political questions’’ or 
that the plaintiffs lack standing. 
(4) It harms the country to have the War Pow-
ers Resolution, the centerpiece statute in this vital 
area of United States law, regularly and openly 
questioned or ignored. 
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(5) The country needs to replace the War Pow-
ers Resolution with a constructive means by which 
the judgment of both the President and Congress 
can be brought to bear when deciding whether the 
United States should engage in a significant armed 
conflict, without prejudice to the rights of either 
branch to assert its constitutional war powers or to 
challenge the constitutional war powers of the other 
branch. 
(b) PURPOSE.—The purpose of this Act is to estab-
lish a constructive and practical means by which the judg-
ment of both the President and Congress can be brought 
to bear when deciding whether the United States should 
engage in a significant armed conflict. This Act is not 
meant to define, circumscribe, or enhance the constitu-
tional war powers of either the executive or legislative 
branch of government, and neither branch by supporting 
or complying with this Act shall in any way limit or preju-
dice its right or ability to assert its constitutional war pow-
ers or its right or ability to question or challenge the con-
stitutional war powers of the other branch. 
SEC. 3. SIGNIFICANT ARMED CONFLICT DEFINED. 
(a) IN GENERAL.—In this Act, except as provided 
under paragraph (2), the term ‘‘significant armed con-
flict’’ means any conflict expressly authorized by Con-
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gress, or any combat operation involving members of the 
Armed Forces lasting more than a week or expected by 
the President to last more than a week. 
(b) EXCEPTIONS.—The term ‘‘significant armed con-
flict’’ does not include any commitment of members of the 
Armed Forces for the following purposes: 
(1) Actions taken by the President to repel at-
tacks, or to prevent imminent attacks, on the United 
States, its territorial possessions, its embassies, its 
consulates, or its Armed Forces abroad. 
(2) Limited acts of reprisal against terrorists or 
states that sponsor terrorism. 
(3) Humanitarian missions in response to nat-
ural disasters. 
(4) Investigations or acts to prevent criminal 
activity abroad. 
(5) Covert operations. 
(6) Training exercises. 
(7) Missions to protect or rescue United States 
citizens or military or diplomatic personnel abroad. 
SEC. 4. REPEAL OF WAR POWERS RESOLUTION. 
The War Powers Resolution (50 U.S.C. 1541 et seq.) 
is hereby repealed. 
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SEC. 5. JOINT CONGRESSIONAL CONSULTATION COM-
MITTEE. 
(a) ESTABLISHMENT.—There is established the Joint 
Congressional Consultation Committee. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of the following members: 
(A) The majority leader of the Senate and 
the Speaker of the House of Representatives. 
(B) The minority leaders of the Senate 
and the House of Representatives. 
(C) The chairman and ranking member of 
each of the following committees of the Senate: 
(i) The Committee on Foreign Rela-
tions. 
(ii) The Committee on Armed Serv-
ices. 
(iii) The Select Committee on Intel-
ligence. 
(iv) The Committee on Appropria-
tions. 
(D) The chairman and ranking member of 
each of the following committees of the House 
of Representatives: 
(i) The Committee on Foreign Affairs. 
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(ii) The Committee on Armed Serv-
ices. 
(iii) The Permanent Select Committee 
on Intelligence. 
(iv) The Committee on Appropria-
tions. 
(c) CHAIRMANSHIP.—The chairmanship and vice 
chairmanship of the Joint Congressional Consultation 
Committee shall alternate between the majority leader of 
the Senate and the Speaker of the House of Representa-
tives, with the former serving as the chairman in each odd- 
numbered Congress and the latter serving as the chairman 
in each even-numbered Congress. 
(d) STAFF OF JOINT COMMITTEE.—The chairman 
and vice chairman of the Joint Congressional Consultation 
Committee may jointly appoint and fix the compensation 
of a permanent, bipartisan staff as they deem necessary, 
within the guidelines for employees of the Senate and fol-
lowing all applicable rules and employment requirements 
of the Senate. The staff shall have access to all relevant 
national security and intelligence information considered 
by the Committee. 
SEC. 6. CONSULTATION AND REPORTING. 
(a) REGULAR CONSULTATION.—The President shall 
consult regularly with the Joint Congressional Consulta-
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tion Committee regarding significant matters of foreign 
policy and national security. 
(b) CONSULTATION
AND
REPORTING
REQUIRED 
PRIOR TO ENGAGEMENT IN SIGNIFICANT ARMED CON-
FLICTS.— 
(1) IN GENERAL.—Before ordering the deploy-
ment of members of the Armed Forces into a signifi-
cant armed conflict, the President shall— 
(A) consult with the Joint Congressional 
Consultation Committee, including providing 
sufficient time for the exchange of views regard-
ing whether to engage in the significant armed 
conflict; and 
(B) submit in writing to the Joint Con-
gressional Consultation Committee a classified 
report setting forth the circumstances necessi-
tating the significant armed conflict, the objec-
tives, and the estimated scope and duration of 
the conflict. 
(2) EXCEPTION.—If the President determines 
that the need for secrecy or other emergency cir-
cumstances preclude carrying out the consultation 
required under subparagraph (A) of paragraph (1) 
or submitting the report required under subpara-
graph (B) of such paragraph before significant 
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armed conflict is ordered or begins, the President 
shall carry out such consultation or submit such re-
port not later than three calendar days after the be-
ginning of the significant armed conflict. 
(c) ONGOING CONSULTATION DURING SIGNIFICANT 
ARMED CONFLICTS.—The President shall consult with the 
Joint Congressional Consultation Committee at least every 
two months for the duration of any significant armed con-
flict. 
(d) ANNUAL REPORT.—Not later than April 15 of 
each year, the President shall submit to the Joint Con-
gressional Consultation Committee a classified written re-
port describing, for the previous calendar year— 
(1) all significant armed conflicts in which the 
United States was engaged; and 
(2) all other operations, as described in section 
3(b), other than covert operations, in which the 
United States was engaged. 
SEC. 7. CONGRESSIONAL APPROVAL OR DISAPPROVAL. 
(a) JOINT RESOLUTION OF APPROVAL.— 
(1) REQUIREMENT.—Not later than 30 days 
after the deployment of members of the Armed 
Forces into a significant armed conflict with respect 
to which Congress has not enacted a formal declara-
tion of war or otherwise enacted a specific authoriza-
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tion for the use of military force, the chair and vice 
chair of the Joint Congressional Consultative Com-
mittee shall introduce a joint resolution of approval. 
(2) CONTENTS OF RESOLUTION.—For purposes 
of this subsection, the term ‘‘joint resolution of ap-
proval’’ means a joint resolution the sole matter 
after the resolving clause of which is as follows: 
‘‘That Congress approves the use of members of the 
Armed Forces for the significant armed conflict cov-
ered in the report submitted to the Joint Congres-
sional Consultation Committee pursuant to section 
6(b) of the War Powers Consultation Act of 2014 on 
lll.’’, with the blank space being filled with the 
appropriate date. 
(3) REFERRAL TO COMMITTEE.—A joint resolu-
tion of approval introduced in the Senate shall be re-
ferred to the Committee on Foreign Relations of the 
Senate. A joint resolution of approval introduced in 
the House of Representatives shall be referred to the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
(4) DISCHARGE OF COMMITTEE.—If the com-
mittee to which is referred a joint resolution of ap-
proval has not reported such resolution (or an iden-
tical resolution) at the end of 7 calendar days after 
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its introduction, such committee shall be deemed to 
be discharged from further consideration of such 
resolution and such resolution shall be placed on the 
appropriate calendar of the House involved. 
(5) FLOOR CONSIDERATION.— 
(A) IN GENERAL.—When the committee to 
which a resolution is referred has reported, or 
has been deemed to be discharged (under para-
graph (4)) from further consideration of, a joint 
resolution of approval, it is at any time there-
after in order (even though a previous motion 
to the same effect has been disagreed to) for 
any Member of the respective House to move to 
proceed to the consideration of the resolution, 
and all points of order against the resolution 
(and against consideration of the resolution) 
are waived. The motion is highly privileged in 
the House of Representatives and is privileged 
in the Senate and is not debatable. The motion 
is not subject to amendment, or to a motion to 
postpone, or to a motion to proceed to the con-
sideration of other business. A motion to recon-
sider the vote by which the motion is agreed to 
or disagreed to shall not be in order. If a mo-
tion to proceed to the consideration of the reso-
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lution is agreed to, the resolution shall remain 
the unfinished business of the respective House 
until disposed of. 
(B) DEBATE.—Debate on the resolution, 
and on all debatable motions and appeals in 
connection therewith, shall be limited to not 
more than 10 hours, which shall be divided 
equally between those favoring and those oppos-
ing the resolution. A motion further to limit de-
bate is in order and not debatable. An amend-
ment to, or a motion to postpone, or a motion 
to proceed to the consideration of other busi-
ness, or a motion to recommit the resolution is 
not in order. A motion to reconsider the vote by 
which the resolution is agreed to or disagreed to 
is not in order. 
(C) VOTE
ON
FINAL
PASSAGE.—Imme-
diately following the conclusion of the debate on 
the joint resolution of approval and a single 
quorum call at the conclusion of the debate if 
requested in accordance with the rules of the 
appropriate House, the vote on final passage of 
the resolution shall occur. 
(D) RULINGS OF THE CHAIR ON PROCE-
DURE.—Appeals from the decisions of the Chair 
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(A) as an exercise of the rulemaking power 
of the Senate and House of Representatives, re-
spectively, and as such it is deemed a part of 
the rules of each House, respectively, but appli-
cable only with respect to the procedure to be 
followed in that House in the case of a joint 
resolution of approval, and it supersedes other 
rules only to the extent that it is inconsistent 
with such rules; and 
(B) with full recognition of the constitu-
tional right of either House to change the rules 
(so far as relating to the procedure of that 
House) at any time, in the same manner and 
to the same extent as in the case of any other 
rule of that House. 
(b) JOINT RESOLUTION OF DISAPPROVAL.— 
(1) CONTENTS OF RESOLUTION.—For purposes 
of this subsection, the term ‘‘joint resolution of dis-
approval’’ means a joint resolution introduced in a 
House after that House has voted against passage of 
a joint resolution of approval under subsection (a), 
the sole matter after the resolving clause of which is 
as follows: ‘‘That Congress disapproves the use of 
members of the Armed Forces for the significant 
armed conflict covered in the report submitted to the 
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Joint Congressional Consultation Committee pursu-
ant to section 6(b) of the War Powers Consultation 
Act of 2014 on lll.’’, with the blank space being 
filled with the appropriate date. 
(2) FLOOR CONSIDERATION.— 
(A) IN GENERAL.—After a joint resolution 
of disapproval has been introduced under this 
subsection, it is at any time thereafter in order 
(even though a previous motion to the same ef-
fect has been disagreed to) for any Member of 
the respective House to move to proceed to the 
consideration of the resolution, and all points of 
order against the resolution (and against con-
sideration of the resolution) are waived. The 
motion is highly privileged in the House of Rep-
resentatives and is privileged in the Senate and 
is not debatable. The motion is not subject to 
amendment, or to a motion to postpone, or to 
a motion to proceed to the consideration of 
other business. A motion to reconsider the vote 
by which the motion is agreed to or disagreed 
to shall not be in order. If a motion to proceed 
to the consideration of the resolution is agreed 
to, the resolution shall remain the unfinished 
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business of the respective House until disposed 
of. 
(B) DEBATE.—Debate on the resolution, 
and on all debatable motions and appeals in 
connection therewith, shall be limited to not 
more than 10 hours, which shall be divided 
equally between those favoring and those oppos-
ing the resolution. A motion further to limit de-
bate is in order and not debatable. An amend-
ment to, or a motion to postpone, or a motion 
to proceed to the consideration of other busi-
ness, or a motion to recommit the resolution is 
not in order. A motion to reconsider the vote by 
which the resolution is agreed to or disagreed to 
is not in order. 
(C) VOTE
ON
FINAL
PASSAGE.—Imme-
diately following the conclusion of the debate on 
the joint resolution of disapproval and a single 
quorum call at the conclusion of the debate if 
requested in accordance with the rules of the 
appropriate House, the vote on final passage of 
the resolution shall occur. 
(D) RULINGS OF THE CHAIR ON PROCE-
DURE.—Appeals from the decisions of the Chair 
relating to the application of the rules of the 
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Senate or the House of Representatives, as the 
case may be, to the procedure relating to a joint 
resolution of disapproval shall be decided with-
out debate. 
(3) COORDINATION
WITH
ACTION
BY
OTHER 
HOUSE.—If, before the passage by one House of a 
joint resolution of disapproval of that House, that 
House receives from the other House a joint resolu-
tion of disapproval, then the following procedures 
shall apply: 
(A) The resolution of the other House shall 
not be referred to a committee. 
(B) With respect to the joint resolution of 
disapproval of the House receiving the resolu-
tion— 
(i) the procedure in that House shall 
be the same as if no resolution had been 
received from the other House; but 
(ii) the vote on final passage shall be 
on the resolution of the other House. 
(4) RULES
OF
HOUSE
OF
REPRESENTATIVES 
AND SENATE.—This subsection is enacted by Con-
gress— 
(A) as an exercise of the rulemaking power 
of the Senate and House of Representatives, re-
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spectively, and as such it is deemed a part of 
the rules of each House, respectively, but appli-
cable only with respect to the procedure to be 
followed in that House in the case of a joint 
resolution of disapproval, and it supersedes 
other rules only to the extent that it is incon-
sistent with such rules; and 
(B) with full recognition of the constitu-
tional right of either House to change the rules 
(so far as relating to the procedure of that 
House) at any time, in the same manner and 
to the same extent as in the case of any other 
rule of that House. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as limiting or otherwise affecting 
the right of any Member of Congress to introduce a resolu-
tion or bill approving, disapproving, expanding, narrowing, 
or ending a significant armed conflict. 
SEC. 8. TREATIES. 
Nothing in this Act shall be construed as modifying 
any obligations of the United States under any treaty or 
international agreement. 
SEC. 9. SEVERABILITY. 
If any provision of this Act, or the application of a 
provision to any person or circumstance, is held to be un-
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constitutional, the remainder of the Act, and the applica-
tion of the provisions to any person or circumstance, shall 
not be affected by the holding. 
Æ 
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