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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 29 Introduced in House (IH)]
<DOC>
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>
Introduced in House
Introduced in House
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.
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.
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