[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1939 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 1939
To repeal the War Powers Resolution and to provide for proper war
powers consultation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 16, 2014
Mr. Kaine (for himself, Mr. McCain, and Mr. King) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To repeal the War Powers Resolution and to provide for proper war
powers consultation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``War Powers Consultation Act of
2014''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The War Powers Resolution (50 U.S.C. 1541 et seq.) has
not worked as intended, and has added to the divisiveness and
uncertainty that exists regarding the war powers of the
President and Congress.
(2) The American people want both the President and
Congress involved in the decisionmaking process when United
States Armed Forces are committed to significant armed
conflict, and the involvement of both branches is important in
building domestic understanding and political support for doing
so and ensuring the soundness of the resulting decision.
(3) Past efforts to call upon the judicial branch to define
the constitutional limits of the war powers of the executive
and legislative branches of government have generally failed
because courts, for the most part, have declined jurisdiction
on the grounds that the issues involved are ``political
questions'' or that the plaintiffs lack standing.
(4) It harms the country to have the War Powers Resolution,
the centerpiece statute in this vital area of United States
law, regularly and openly questioned or ignored.
(5) The country needs to replace the War Powers Resolution
with a constructive means by which the judgment of both the
President and Congress can be brought to bear when deciding
whether the United States should engage in a significant armed
conflict, without prejudice to the rights of either branch to
assert its constitutional war powers or to challenge the
constitutional war powers of the other branch.
(b) Purpose.--The purpose of this Act is to establish a
constructive and practical means by which the judgment of both the
President and Congress can be brought to bear when deciding whether the
United States should engage in a significant armed conflict. This Act
is not meant to define, circumscribe, or enhance the constitutional war
powers of either the executive or legislative branch of government, and
neither branch by supporting or complying with this Act shall in any
way limit or prejudice its right or ability to assert its
constitutional war powers or its right or ability to question or
challenge the constitutional war powers of the other branch.
SEC. 3. SIGNIFICANT ARMED CONFLICT DEFINED.
(a) In General.--In this Act, except as provided under paragraph
(2), the term ``significant armed conflict'' means any conflict
expressly authorized by Congress, or any combat operation involving
members of the Armed Forces lasting more than a week or expected by the
President to last more than a week.
(b) Exceptions.--The term ``significant armed conflict'' does not
include any commitment of members of the Armed Forces for the following
purposes:
(1) Actions taken by the President to repel attacks, or to
prevent imminent attacks, on the United States, its territorial
possessions, its embassies, its consulates, or its Armed Forces
abroad.
(2) Limited acts of reprisal against terrorists or states
that sponsor terrorism.
(3) Humanitarian missions in response to natural disasters.
(4) Investigations or acts to prevent criminal activity
abroad.
(5) Covert operations.
(6) Training exercises.
(7) Missions to protect or rescue United States citizens or
military or diplomatic personnel abroad.
SEC. 4. REPEAL OF WAR POWERS RESOLUTION.
The War Powers Resolution (50 U.S.C. 1541 et seq.) is hereby
repealed.
SEC. 5. JOINT CONGRESSIONAL CONSULTATION COMMITTEE.
(a) Establishment.--There is established the Joint Congressional
Consultation Committee.
(b) Membership.--
(1) Composition.--The Commission shall be composed of the
following members:
(A) The majority leader of the Senate and the
Speaker of the House of Representatives.
(B) The minority leaders of the Senate and the
House of Representatives.
(C) The chairman and ranking member of each of the
following committees of the Senate:
(i) The Committee on Foreign Relations.
(ii) The Committee on Armed Services.
(iii) The Select Committee on Intelligence.
(iv) The Committee on Appropriations.
(D) The chairman and ranking member of each of the
following committees of the House of Representatives:
(i) The Committee on Foreign Affairs.
(ii) The Committee on Armed Services.
(iii) The Permanent Select Committee on
Intelligence.
(iv) The Committee on Appropriations.
(c) Chairmanship.--The chairmanship and vice chairmanship of the
Joint Congressional Consultation Committee shall alternate between the
majority leader of the Senate and the Speaker of the House of
Representatives, with the former serving as the chairman in each odd-
numbered Congress and the latter serving as the chairman in each even-
numbered Congress.
(d) Staff of Joint Committee.--The chairman and vice chairman of
the Joint Congressional Consultation Committee may jointly appoint and
fix the compensation of a permanent, bipartisan staff as they deem
necessary, within the guidelines for employees of the Senate and
following all applicable rules and employment requirements of the
Senate. The staff shall have access to all relevant national security
and intelligence information considered by the Committee.
SEC. 6. CONSULTATION AND REPORTING.
(a) Regular Consultation.--The President shall consult regularly
with the Joint Congressional Consultation Committee regarding
significant matters of foreign policy and national security.
(b) Consultation and Reporting Required Prior to Engagement in
Significant Armed Conflicts.--
(1) In general.--Before ordering the deployment of members
of the Armed Forces into a significant armed conflict, the
President shall--
(A) consult with the Joint Congressional
Consultation Committee, including providing sufficient
time for the exchange of views regarding whether to
engage in the significant armed conflict; and
(B) submit in writing to the Joint Congressional
Consultation Committee a classified report setting
forth the circumstances necessitating the significant
armed conflict, the objectives, and the estimated scope
and duration of the conflict.
(2) Exception.--If the President determines that the need
for secrecy or other emergency circumstances preclude carrying
out the consultation required under subparagraph (A) of
paragraph (1) or submitting the report required under
subparagraph (B) of such paragraph before significant armed
conflict is ordered or begins, the President shall carry out
such consultation or submit such report not later than three
calendar days after the beginning of the significant armed
conflict.
(c) Ongoing Consultation During Significant Armed Conflicts.--The
President shall consult with the Joint Congressional Consultation
Committee at least every two months for the duration of any significant
armed conflict.
(d) Annual Report.--Not later than April 15 of each year, the
President shall submit to the Joint Congressional Consultation
Committee a classified written report describing, for the previous
calendar year--
(1) all significant armed conflicts in which the United
States was engaged; and
(2) all other operations, as described in section 3(b),
other than covert operations, in which the United States was
engaged.
SEC. 7. CONGRESSIONAL APPROVAL OR DISAPPROVAL.
(a) Joint Resolution of Approval.--
(1) Requirement.--Not later than 30 days after the
deployment of members of the Armed Forces into a significant
armed conflict with respect to which Congress has not enacted a
formal declaration of war or otherwise enacted a specific
authorization for the use of military force, the chair and vice
chair of the Joint Congressional Consultative Committee shall
introduce a joint resolution of approval.
(2) Contents of resolution.--For purposes of this
subsection, the term ``joint resolution of approval'' means a
joint resolution the sole matter after the resolving clause of
which is as follows: ``That Congress approves the use of
members of the Armed Forces for the significant armed conflict
covered in the report submitted to the Joint Congressional
Consultation Committee pursuant to section 6(b) of the War
Powers Consultation Act of 2014 on ___.'', with the blank space
being filled with the appropriate date.
(3) Referral to committee.--A joint resolution of approval
introduced in the Senate shall be referred to the Committee on
Foreign Relations of the Senate. A joint resolution of approval
introduced in the House of Representatives shall be referred to
the Committee on Foreign Affairs of the House of
Representatives.
(4) Discharge of committee.--If the committee to which is
referred a joint resolution of approval has not reported such
resolution (or an identical resolution) at the end of 7
calendar days after its introduction, such committee shall be
deemed to be discharged from further consideration of such
resolution and such resolution shall be placed on the
appropriate calendar of the House involved.
(5) Floor consideration.--
(A) In general.--When the committee to which a
resolution is referred has reported, or has been deemed
to be discharged (under paragraph (4)) from further
consideration of, a joint resolution of approval, 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 respective House to move to proceed
to the consideration of the resolution, and all points
of order against the resolution (and against
consideration of the resolution) are waived. The motion
is highly privileged in the House of Representatives
and is privileged in the Senate and is not debatable.
The motion is not subject to amendment, or to a motion
to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the
resolution shall remain the unfinished business of the
respective House until disposed of.
(B) Debate.--Debate on the resolution, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall
be divided equally between those favoring and those
opposing the resolution. A motion further to limit
debate is in order and not debatable. An amendment to,
or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed
to or disagreed to is not in order.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on the joint resolution of
approval and a single quorum call at the conclusion of
the debate if requested in accordance with the rules of
the appropriate House, the vote on final passage of the
resolution shall occur.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a joint resolution of approval shall be
decided without debate.
(6) Coordination with action by other house.--If, before
the passage by one House of a joint resolution of approval of
that House, that House receives from the other House a joint
resolution of approval, then the following procedures shall
apply:
(A) The resolution of the other House shall not be
referred to a committee.
(B) With respect to the joint resolution of
approval of the House receiving the resolution--
(i) the procedure in that House shall be
the same as if no resolution had been received
from the other House; but
(ii) the vote on final passage shall be on
the resolution of the other House.
(7) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
joint resolution of approval, and it supersedes other
rules only to the extent that it is inconsistent with
such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.
(b) Joint Resolution of Disapproval.--
(1) Contents of resolution.--For purposes of this
subsection, the term ``joint resolution of disapproval'' means
a joint resolution introduced in a House after that House has
voted against passage of a joint resolution of approval under
subsection (a), the sole matter after the resolving clause of
which is as follows: ``That Congress disapproves the use of
members of the Armed Forces for the significant armed conflict
covered in the report submitted to the Joint Congressional
Consultation Committee pursuant to section 6(b) of the War
Powers Consultation Act of 2014 on ___.'', with the blank space
being filled with the appropriate date.
(2) Floor consideration.--
(A) In general.--After a joint resolution of
disapproval has been introduced under this subsection,
it is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed
to) for any Member of the respective House to move to
proceed to the consideration of the resolution, and all
points of order against the resolution (and against
consideration of the resolution) are waived. The motion
is highly privileged in the House of Representatives
and is privileged in the Senate and is not debatable.
The motion is not subject to amendment, or to a motion
to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the
resolution shall remain the unfinished business of the
respective House until disposed of.
(B) Debate.--Debate on the resolution, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall
be divided equally between those favoring and those
opposing the resolution. A motion further to limit
debate is in order and not debatable. An amendment to,
or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed
to or disagreed to is not in order.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on the joint resolution of
disapproval and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the appropriate House, the vote on final passage of
the resolution shall occur.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a joint resolution of disapproval shall be
decided without debate.
(3) Coordination with action by other house.--If, before
the passage by one House of a joint resolution of disapproval
of that House, that House receives from the other House a joint
resolution of disapproval, then the following procedures shall
apply:
(A) The resolution of the other House shall not be
referred to a committee.
(B) With respect to the joint resolution of
disapproval of the House receiving the resolution--
(i) the procedure in that House shall be
the same as if no resolution had been received
from the other House; but
(ii) the vote on final passage shall be on
the resolution of the other House.
(4) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
joint resolution of disapproval, and it supersedes
other rules only to the extent that it is inconsistent
with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.
(c) Rule of Construction.--Nothing in this section shall be
construed as limiting or otherwise affecting the right of any Member of
Congress to introduce a resolution or bill approving, disapproving,
expanding, narrowing, or ending a significant armed conflict.
SEC. 8. TREATIES.
Nothing in this Act shall be construed as modifying any obligations
of the United States under any treaty or international agreement.
SEC. 9. SEVERABILITY.
If any provision of this Act, or the application of a provision to
any person or circumstance, is held to be unconstitutional, the
remainder of the Act, and the application of the provisions to any
person or circumstance, shall not be affected by the holding.
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