War Powers Amendments of 2021
Bill: H.J.Res.29 | Sponsor: Rep. DeFazio, Peter A. (D-OR)
Policy area: International Affairs

Summary:
War Powers Amendments of 2021
This joint resolution revises the War Powers Resolution, a law that limits the President's power to introduce Armed Forces into hostilities. Changes include shortening the time that Armed Forces may be involved in hostilities without congressional action and providing for judicial enforcement.
The President shall remove any Armed Forces introduced into hostilities without congressional approval within 30 days unless Congress (1) declares war, (2) enacts a joint resolution specifically authorizing such use of the Armed Forces, or (3) is unable to meet because of an attack on the United States. This 30-day period may be extended by up to 15 days under specified circumstances. Current law allows such use of the Armed Forces for 60 days from when the President first reports to Congress about the engagement and allows for a 60-day extension.
If Congress takes no such actions, funds may not be used to continue Armed Forces involvement in the hostilities, except to withdraw.
The bill removes a provision requiring the removal of such engaged Armed Forces if Congress passes a concurrent resolution requiring such removal.
A member of Congress may sue in district court for an order directing the President to comply with this bill. A judgment in such an action shall be directly appealable to the Supreme Court.
The bill also revises various provisions relating to (1) the President reporting to and consulting with Congress regarding the use of the Armed Forces without congressional authorization, and (2) procedures for the expedited handling of joint resolutions related to such use of force.

117th CONGRESS
  1st Session
H. J. RES. 29

      To amend the War Powers Resolution, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2021

   Mr. DeFazio (for himself, Mr. Rush, Mr. Cohen, Mr. Cicilline, Mr. 
  Blumenauer, Mrs. Napolitano, Ms. Lee of California, Mr. Beyer, Ms. 
Schakowsky, Ms. Jackson Lee, and Mr. Grijalva) submitted the following 
   joint resolution; 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

_______________________________________________________________________

                            JOINT RESOLUTION


 
      To amend the War Powers Resolution, and for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``War Powers Amendments of 2021''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) In response to unconstitutional executive branch 
        actions that introduced United States Forces into hostilities 
        without congressional authorization, Congress passed the War 
        Powers Resolution (50 U.S.C. 1541 et seq.) to clarify and 
        strengthen its constitutional war powers authorities.
            (2) The War Powers Resolution remains a current and 
        constitutionally valid law. The War Powers Resolution includes 
        the authority of Congress to remove United States Armed Forces 
        from unauthorized engagement in hostilities through adoption of 
        a concurrent resolution or passage of a joint resolution.
            (3) While Congress possesses robust war powers authorities 
        under the Constitution and the War Powers Resolution, in many 
        cases the executive branch has disregarded these authorities by 
        introducing United States Forces into hostilities without 
        congressional authorization.
    (b) Purpose.--The purpose of this joint resolution is to--
            (1) reassert Congress' constitutional war powers 
        authorities, further strengthen the War Powers Resolution, and 
        end the current ``forever wars'' of the United States; and
            (2) prevent the executive branch from introducing United 
        States Forces into hostilities, with exceptions in the case of 
        an armed attack upon or imminent threat to the United States, 
        its Forces, or its citizens overseas, without authorization 
        from Congress.

SEC. 3. 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:

``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 resolution to 
fulfill the intent of the framers of the Constitution of the United 
States and ensure that the collective judgment of both the Congress and 
the President will apply to--
            ``(1) the introduction of United States Forces into 
        hostilities; and
            ``(2) the continued use of United States Forces in 
        hostilities.
    ``(c) Congressional Legislative Authority.--Among the powers 
granted to the Congress by the Constitution 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 Constitution in the Government of 
        the United States, or in any department or officer thereof.

``SEC. 2. EMERGENCY USES OF UNITED STATES FORCES IN HOSTILITIES.

    ``(a) In General.--United States Forces may be introduced into 
hostilities only as follows:
            ``(1) Declaration of war.--Pursuant to a declaration of war 
        by the Congress.
            ``(2) Specific statutory authorization.--
                    ``(A) In general.--In accordance with a specific 
                statutory authorization described in subparagraph (B).
                    ``(B) Specific statutory authorization described.--
                A specific statutory authorization for introduction of 
                United States Forces into hostilities described in this 
                subparagraph shall--
                            ``(i) provide for authorization of the use 
                        of necessary and appropriate military force 
                        with respect to such use of United States 
                        Forces;
                            ``(ii)(I) clearly define the threat that 
                        necessitates use of such military force, the 
                        mission and objectives that use of such 
                        military force is authorized to achieve, and 
                        identify each foreign country in which such 
                        military force is authorized;
                            ``(II) clearly define the parameters for 
                        when use of such military force is no longer 
                        necessary or appropriate; and
                            ``(III) clearly and specifically identify 
                        each foreign country and organized armed group 
                        with respect to which such military force will 
                        be used;
                            ``(iii) require the President to seek from 
                        the Congress a subsequent specific statutory 
                        authorization for introduction of United States 
                        Forces into hostilities--
                                    ``(I) if--
                                            ``(aa) the threat or 
                                        mission or objectives defined 
                                        in clause (ii)(I) or the list 
                                        of foreign countries identified 
                                        in such clause is to be 
                                        expanded;
                                            ``(bb) the parameters 
                                        defined in clause (ii)(II) are 
                                        to be expanded; or
                                            ``(cc) the list of foreign 
                                        countries or organized armed 
                                        groups identified in clause 
                                        (ii)(III) is to be expanded; 
                                        and
                                    ``(II) which shall include updated 
                                information to the information required 
                                by clause (ii); and
                            ``(iv) provide for termination of the 
                        authorization for such use of United States 
                        Forces not later than the date that is 2 years 
                        after the date of the enactment of such 
                        authorization unless the Congress enacts a 
                        joint resolution providing a subsequent 
                        specific authorization for such use of United 
                        States Forces.
                    ``(C) Rule of construction.--Nothing in 
                subparagraph (B) may be construed to authorize United 
                States Forces to engage in hostilities against any 
                foreign country or organized armed group that is not 
                clearly and specifically identified in clause (ii)(III) 
                of such subparagraph.
            ``(3) Armed attack on united states.--To the extent 
        necessary and proportionate--
                    ``(A) to repel an armed attack upon the United 
                States; or
                    ``(B) to forestall the direct and imminent threat 
                of such an armed attack.
            ``(4) Armed attack on united states forces.--To the extent 
        necessary and proportionate--
                    ``(A) to repel an armed attack against United 
                States Forces located outside the United States; or
                    ``(B) to forestall the direct and imminent threat 
                of such an armed attack.
            ``(5) Evacuation of united states citizens.--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 
        threatens their lives or liberty and--
                    ``(A) the threatened deprivation of life or liberty 
                is unlawful; 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 unwilling to secure the 
                release of the United States citizens or nationals.
        The President shall make every effort to terminate any such 
        threat through peaceful means without using United States 
        Forces. Before using United States 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 consent of the government of that 
        country.
    ``(b) Conditions on Emergency Use of United States Forces.--Any use 
of United States 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 United States 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 obligated or expended for any 
introduction, other than an introduction described in subsection (a), 
of United States 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 United States 
Forces are introduced into hostilities in accordance with paragraph 
(3), (4), or (5) of section 2(a). After every such introduction, the 
President shall consult regularly with the Congress until United States 
Forces are no longer in hostilities.
    ``(2) The President, in every possible instance, shall consult with 
the Congress--
            ``(A) before United States Forces are introduced into a 
        foreign country while equipped for combat, except for 
        deployments which relate solely to supply, replacement, repair, 
        or training of such forces; or
            ``(B) before United States Forces are introduced into a 
        foreign country in which there are already United States Forces 
        equipped for combat if such introduction would substantially 
        enlarge the number of United States Forces equipped for combat 
        located in that country or otherwise substantially increase the 
        military capabilities of such forces.
    ``(b) Executive-Legislative Consultative Group.--The consultation 
required by subsection (a) shall include participation by--
            ``(1) the President, the Secretary of State, the Secretary 
        of Defense, the Director of Central Intelligence, the Director 
        of National Intelligence, and those senior executive branch 
        officials designated by the President;
            ``(2) the Speaker, the Minority leader and Majority leader, 
        the Majority whip and Minority whip, the chair and ranking 
        member of the Committee on Foreign Affairs, the chair and 
        ranking member of the Committee on Armed Services, the chair 
        and ranking member of the Permanent Select Committee on 
        Intelligence of the House of Representatives, and any other 
        Members of the House of Representatives designated by the 
        Speaker or the Minority leader; and
            ``(3) the Majority and Minority leader, the Majority whip 
        and Minority whip, the chair and ranking member of the 
        Committee on Foreign Relations, the chair and ranking member of 
        the Committee on Armed Services, the chair and ranking member 
        of the Select Committee on Intelligence of the Senate, and any 
        Senator designated by the Majority or Minority leader.
    ``(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 United States Forces, and in no event later than 
48 hours prior to introduction of United States Forces. Such 
consultation requires that all information relevant to the situation 
must be made available to the Members of Congress being consulted. The 
consultation 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) no later than 48 hours after United States 
Forces are introduced into hostilities in accordance with paragraph 
(3), (4), or (5) of section 2(a).
    ``(b) Description of Report Required.--The report required by 
subsection (a) is a written report submitted by the President to the 
Speaker and Minority Leader of the House of Representatives, the 
President pro tempore and Minority Leader of the Senate, and the 
Executive-Legislative consultative group described in section 3(b) on 
the same calendar day, setting forth--
            ``(1) the circumstances necessitating the introduction of 
        United States Forces;
            ``(2) the specific constitutional and legislative authority 
        under which such introduction took place;
            ``(3) the estimated scope and duration of the hostilities 
        or the involvement of United States Forces, as the case may be, 
        and an identification of each foreign country and organized 
        armed group against which United States Forces are engaged in 
        hostilities, including the foreign countries and geographic 
        locations of such hostilities; and
            ``(4) the estimated cost of the hostilities or the 
        involvement of United States Forces, including the cost of any 
        other resources involved in supporting such Forces.
Any such report shall state expressly that it is being submitted 
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 responsibilities with respect to committing the Nation 
to war and to the use of United States Forces abroad. The President 
shall provide such information no later than 14 days after the date on 
which the President receives such request from the Congress.
    ``(d) Continuing Reports.--
            ``(1) In general.--Whenever United States Forces are 
        introduced into hostilities the President shall, so long as 
        United States Forces continue to be involved in those 
        hostilities, report to the Congress periodically on the 
        continued application of the matters described in paragraphs 
        (1), (2), (3), and (4) of subsection (b), including the status 
        of such hostilities, the scope and estimated duration of such 
        hostilities, and the estimated cost of such hostilities or the 
        involvement of United States Forces, but in no event shall the 
        President report to the Congress less often than once every 30 
        days.
            ``(2) Form.--The report required by this section, and 
        particularly the matters described in subsection (b)(3) of the 
        report, shall be submitted in unclassified form. The report may 
        contain a classified annex.

``SEC. 5. CONGRESSIONAL ACTION WITH RESPECT TO HOSTILITIES.

    ``(a) Receipt of Section 4(a) Report.--Each report submitted 
pursuant to section 4(a) shall be referred to the Committee on Foreign 
Affairs of the House of Representatives 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 advisable (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 action pursuant to this section.
    ``(b) Requirement for Specific Statutory Authorization for 
Continued Involvement.--
            ``(1) In general.--Within 30 calendar days after United 
        States Forces are introduced into hostilities in accordance 
        with paragraph (3), (4), or (5) of section 2(a), the President 
        shall remove United States Forces from those hostilities unless 
        the Congress--
                    ``(A) has declared war;
                    ``(B) has enacted a joint resolution providing 
                specific authorization for such use of United States 
                Forces as described in paragraph (2); or
                    ``(C) is unable to meet as a result of an armed 
                attack upon the United States.
        This 30-day period shall be extended for not more than an 
        additional 15 days if the President determines and certifies to 
        the Congress in writing that unavoidable military necessity 
        respecting the safety of United States Forces requires the 
        continued use of United States Forces in the course of bringing 
        about their prompt removal from hostilities.
            ``(2) Joint resolution described.--A joint resolution 
        providing specific authorization for such use of United States 
        Forces described in this paragraph shall--
                    ``(A) provide for authorization of the use of 
                necessary and appropriate military force with respect 
                to such use of United States Forces;
                    ``(B)(i) clearly define the threat that 
                necessitates use of such military force, the mission 
                and objectives that use of such military force is 
                authorized to achieve, and identify each foreign 
                country in which such military force is authorized;
                    ``(ii) clearly define the parameters for when use 
                of such military force is no longer necessary or 
                appropriate; and
                    ``(iii) clearly and specifically identify each 
                foreign country and organized armed group with respect 
                to which such military force will be used;
                    ``(C) require the President to seek from the 
                Congress a subsequent specific statutory authorization 
                for introduction of United States Forces into 
                hostilities--
                            ``(i) if--
                                    ``(I) the threat or mission or 
                                objectives defined in subparagraph 
                                (B)(i) or the list of foreign countries 
                                identified in such subparagraph is to 
                                be expanded;
                                    ``(II) the parameters defined in 
                                subparagraph (B)(ii) are to be 
                                expanded; or
                                    ``(III) the list of foreign 
                                countries or organized armed groups 
                                identified in subparagraph (B)(iii) is 
                                to be expanded; and
                            ``(ii) which shall include updated 
                        information to the information required by 
                        subparagraph (B); and
                    ``(D) provide for termination of the authorization 
                for such use of United States Forces not later than the 
                date that is 2 years after the date of the enactment of 
                such authorization unless the Congress enacts a joint 
                resolution providing a subsequent specific 
                authorization for such use of United States Forces.
    ``(c) Funding Limitation.--Unless one of the numbered paragraphs of 
subsection (b) applies, after the expiration of the period specified in 
that subsection (including any extension of that period in accordance 
with that subsection), funds appropriated or otherwise made available 
under any law may not be obligated or expended to continue the 
involvement of United States Forces in the hostilities. This subsection 
does not, however, prohibit the use of funds to remove United States 
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 
        United States Forces in hostilities, so long as that resolution 
        contains only provisions which are relevant to those 
        hostilities; and
            ``(2) that is introduced after the President has submitted 
        a written request to the Congress for enactment of such an 
        authorization with respect to those or related hostilities.
    ``(b) Procedure in House of Representatives.--(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 
considered a privileged resolution and 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 (including 
        remaining on the calendar);
            ``(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 affirmative;
            ``(iii) is before a committee of conference or otherwise 
        awaiting disposition of amendments between 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 
consideration 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 resolution and 
consideration of the resolution are waived. If the motion under 
subparagraph (A) is agreed to, the privileged resolution shall remain 
the unfinished business of the House until disposed of, to the 
exclusion of all other business, except as provided in paragraph 
(5)(A). A motion to reconsider the vote by which the motion described 
in subparagraph (A) 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 privileged 
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 amendments 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 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 vote on final passage shall be on the 
                resolution of the Senate (if the resolutions 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 debate or any intervening action.
            ``(iii) Upon disposition of a privileged resolution 
        received from the Senate, consideration of the privileged 
        resolution of the House shall no longer be privileged under 
        this section.
    ``(B) If the House receives from the Senate a privileged resolution 
before any privileged resolution is introduced in the House with 
respect to the same or related hostilities, then the resolution of the 
Senate shall be referred to the Committee on Foreign Affairs, 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 privileged resolution 
after the House has disposed of an identical privileged resolution, it 
shall be in order to proceed by a highly privileged, nondebatable 
motion to consideration of the resolution of the Senate, and that 
resolution shall be disposed of without debate and without amendment.
    ``(6) A motion to disagree to 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 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 resolving 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 conference, they shall report back to their 
respective House in disagreement.
    ``(B) Notwithstanding any rule of the House of Representatives 
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 
Representatives 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 conference report (and any 
amendment reported in disagreement) 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 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 applicable only with respect to the 
        procedure to be followed in the House 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 House to change its rules (so far as relating 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 subsection applies to the 
consideration of a privileged resolution in the Senate.
    ``(2) For purposes of this subsection, the term `session 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 resolution) 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 resolution 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 resolution--
            ``(i) is before the Senate (including remaining on the 
        calendar);
            ``(ii) is before the House of Representatives (including 
        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 between 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 
disagreed to) for any Member of the Senate to move to proceed to the 
consideration of the resolution, notwithstanding 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 
relates to germaneness and relevancy of amendments), all points of 
order against a privileged resolution and consideration of the 
resolution are waived. The motion is privileged 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 
future disposition. If a motion to proceed to the consideration 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 privileged for consideration 
under this subsection upon its introduction, 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 
decided 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 resolution, 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 precedent 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 subsection, 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 Senator during the consideration of any 
amendment, debatable motion, or appeal.
    ``(ii) Only amendments which are germane and relevant to a 
privileged resolution are in order.
    ``(iii) Debate on any amendment to a privileged resolution shall be 
limited to two hours, except that this limitation 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.
    ``(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, 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.
    ``(v) One amendment by the Minority Leader is in order to be 
offered under a 1-hour time limitation immediately following the 
expiration of the 12-hour time limitation 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 resolution, 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 reconsider 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.
    ``(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 subparagraph (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 conclusion 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 procedure relating to a 
privileged resolution shall be limited to one-half hour of debate, 
equally divided between, and controlled by, the Member making the 
appeal and the manager of the resolution, except that in the event the 
manager 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:
            ``(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 
                Representatives shall be considered to have been read 
                for the third time; the vote on final passage shall be 
                on the resolution of the House of Representatives (if 
                such resolutions are identical) or on the resolution of 
                the House of Representatives (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 
                Representatives; 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 originated in the 
        Senate.
    ``(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, then the 
resolution received shall be referred to the Committee on Foreign 
Relations, and the procedures 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 consideration 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 between 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 
proceedings 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 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 concerning the 
printing of conference reports in the Congressional 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 
Leader, and their designees.
    ``(B) If a privileged resolution is vetoed by the President, the 
time for debate in consideration of the veto message 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 designees.
    ``(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 relating 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 declaratory judgment and injunctive relief on the ground 
that the President or United States 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 determination 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 involvement of 
        United States 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 action 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 United States Forces were 
        introduced into hostilities.
    ``(2) If the court in an action described in subsection (a) finds 
that section 2 or section 5(b) of this joint resolution has been 
violated, the court shall direct the President to remove United States 
Forces from the hostilities. United States 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 United States Forces requires the 
        continued use of United States 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 United 
States 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 contained in any appropriation Act, 
        unless that provision specifically authorizes the introduction 
        of United States Forces into hostilities 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 legislation specifically 
        authorizing the introduction of United States Forces into 
        hostilities 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 involvement 
        of United States Forces in hostilities; or
            ``(2) finding that the President or United States Forces 
        are acting in violation of this joint resolution,
may not be construed as indicating congressional authorization or 
approval of, or acquiescence in, the involvement of United States 
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:
            ``(1) Hostilities.--The term `hostilities' includes any 
        situation involving any use of direct or indirect, lethal or 
        potentially lethal force by United States Forces against 
        regular or irregular military forces or against any military or 
        civilian target, irrespective of the domain, including armed 
        conflict, intelligence sharing, mid-air refueling, cyber 
        attacks, targeting assistance, acts that violate the 
        sovereignty of a foreign country, and purposeful destruction of 
        property considered to be an exercise of use of force, 
        irrespective of whether such force is offensive or defensive, 
        kinetic or non-kinetic, or deployed remotely, the 
        intermittency, intensity, or severity of such force, the scope 
        of the mission or objectives, or the extent to which the 
        mission exposes United States Forces to risk of casualty or the 
        risk of escalation.
            ``(2) Imminent.--The term `imminent', with respect to a 
        threat of an attack, means the threat is instant, overwhelming, 
        and leaves no choice of means and no moment for deliberation.
            ``(3) Introduce.--The term `introduce' includes--
                    ``(A) any commitment, engagement, deployment, or 
                other involvement of United States Forces in 
                hostilities, including the taking of self-defense 
                measures by United States Forces in response to an 
                attack, threatened attack, or imminent threat of attack 
                in any foreign country, irrespective of whether United 
                States Forces are present or operating launched, 
                piloted, or other remotely directed weapons systems 
                from a non-battlefield location; and
                    ``(B) the assigning or detailing of members of 
                United States Forces to command, coordinate, advise, 
                assist, participate in the movement of, accompany, 
                provide intelligence, or provide logistical or material 
                support or training for any foreign regular or 
                irregular military or police forces, including state 
                actors or organized armed groups, if those forces are 
                involved in hostilities (regardless of whether those 
                hostilities involve insurgent forces of the military 
                forces of a foreign country).
            ``(4) Training.--The term `training' has the meaning given 
        the term `military education and training' in section 644 of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2403), but does 
        not include training that is comprised entirely of observance 
        of and respect for the law of armed conflict, human rights, and 
        fundamental freedoms, the rule of law, or civilian control of 
        the military.
            ``(5) United states; country.--The terms `United States' 
        and `foreign country', when used in a geographic sense--
                    ``(A) mean the territory, airspace, or waters of 
                the United States or the foreign country; and
                    ``(B) includes territories and possessions.
            ``(6) United states forces.--The term `United States 
        Forces'--
                    ``(A) means the armed forces (as such term is 
                defined in section 101(a)(4) of title 10, United States 
                Code) and includes persons employed by, or under 
                contract to, or under the direction of any department 
                or agency of the United States Government; and
                    ``(B) includes capabilities established, directed, 
                or otherwise used by such armed forces or persons that 
                produces or results in an effect or condition designed 
                to accomplish a military objective.

``SEC. 10. SEPARABILITY CLAUSE.

    ``If any provision of this joint resolution or the application 
thereof to any person or circumstance is held invalid, the remainder of 
the joint resolution and the application of such provision to any other 
person or circumstance shall not be affected thereby.''.
                                 <all>