War Powers Amendments of 2019

IA 116TH CONGRESS 1ST SESSION H. J. RES. 66 To amend the War Powers Resolution. IN THE HOUSE OF REPRESENTATIVES JUNE 19, 2019 Mr. DEFAZIO 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. Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘War Powers Amend- 4 ments of 2019’’. 5 SEC. 2. REVISION OF WAR POWERS RESOLUTION. 6 The War Powers Resolution (50 U.S.C. 1541–1548) 7 is amended by striking out all after the resolving clause 8 and inserting in lieu thereof the following: 9 VerDate Sep 11 2014 00:59 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HJ66.IH HJ66 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HJ 66 IH ‘‘SECTION 1. SHORT TITLE; PURPOSE; CONGRESSIONAL 1 LEGISLATIVE AUTHORITY. 2 ‘‘(a) SHORT TITLE.—This joint resolution may be 3 cited as the ‘War Powers Resolution’. 4 ‘‘(b) PURPOSE.—It is the purpose of this joint resolu- 5 tion to fulfill the intent of the framers of the Constitution 6 of the United States and ensure that the collective judg- 7 ment of both the Congress and the President will apply 8 to— 9 ‘‘(1) the introduction of the Armed Forces into 10 hostilities; 11 ‘‘(2) the continued use of the Armed Forces in 12 hostilities; and 13 ‘‘(3) the participation of the Armed Forces in 14 certain military operations of the United Nations. 15 ‘‘(c) CONGRESSIONAL LEGISLATIVE AUTHORITY.— 16 Among the powers granted to the Congress by the Con- 17 stitution are— 18 ‘‘(1) the power to declare war; 19 ‘‘(2) the power of the purse (‘No Money shall 20 be drawn from the Treasury, but in Consequence of 21 Appropriations made by Law’); and 22 ‘‘(3) the power to make all laws necessary and 23 proper for carrying into execution not only its own 24 powers but also all other powers vested by the Con- 25 VerDate Sep 11 2014 00:59 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HJ66.IH HJ66 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HJ 66 IH stitution in the Government of the United States, or 1 in any department or officer thereof. 2 ‘‘SEC. 2. EMERGENCY USES OF THE ARMED FORCES IN HOS- 3 TILITIES. 4 ‘‘(a) IN GENERAL.—The Armed Forces may be intro- 5 duced into hostilities only as follows: 6 ‘‘(1) DECLARATION OF WAR.—Pursuant to a 7 declaration of war by the Congress. 8 ‘‘(2) SPECIFIC STATUTORY AUTHORIZATION.— 9 ‘‘(A) IN GENERAL.—In accordance with a 10 specific statutory authorization described in 11 subparagraph (B). 12 ‘‘(B) SPECIFIC STATUTORY AUTHORIZA- 13 TION DESCRIBED.—A specific statutory author- 14 ization for introduction of the Armed Forces 15 into hostilities described in this subparagraph 16 shall— 17 ‘‘(i) clearly define the mission, objec- 18 tives, and geographic scope of the Armed 19 Forces; 20 ‘‘(ii) require the President to seek 21 from the Congress a subsequent specific 22 authorization to expand the mission, objec- 23 tives, or geographic scope of the Armed 24 Forces; and 25 VerDate Sep 11 2014 00:59 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HJ66.IH HJ66 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HJ 66 IH ‘‘(iii) provide for termination of the 1 authorization for such use of the Armed 2 Forces unless the Congress enacts a joint 3 resolution providing a subsequent specific 4 authorization for such use of the Armed 5 Forces. 6 ‘‘(3) ARMED ATTACK ON UNITED STATES.—To 7 the extent necessary— 8 ‘‘(A) to repel an armed attack upon the 9 United States; 10 ‘‘(B) to take necessary and appropriate re- 11 taliatory actions in the event of such an attack; 12 or 13 ‘‘(C) to forestall the direct and imminent 14 threat of such an attack. 15 ‘‘(4) ARMED ATTACK ON THE ARMED 16 FORCES.—To the extent necessary— 17 ‘‘(A) to repel an armed attack against 18 Armed Forces located outside the United 19 States; or 20 ‘‘(B) to forestall the direct and imminent 21 threat of such an attack. 22 ‘‘(5) EVACUATION OF UNITED STATES CITI- 23 ZENS.—To the extent necessary to protect United 24 States citizens or nationals while evacuating them as 25 VerDate Sep 11 2014 00:59 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HJ66.IH HJ66 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HJ 66 IH rapidly as possible from a situation, outside the 1 United States, that directly and imminently threat- 2 ens their lives or liberty and— 3 ‘‘(A) the threatened deprivation of life or 4 liberty is contrary to international law or is oth- 5 erwise illegal; and 6 ‘‘(B) in a case where the source of the 7 threat is within a foreign country, the threat is 8 supported by the government of that country or 9 the government of that country is unable or un- 10 willing to control the situation. 11 The President shall make every effort to terminate 12 any such threat without using the Armed Forces. 13 Before using the Armed Forces to protect United 14 States citizens or nationals being evacuated from a 15 foreign country in accordance with this paragraph, 16 the President shall, where possible, obtain the con- 17 sent of the government of that country. 18 ‘‘(b) CONDITIONS ON EMERGENCY USE OF ARMED 19 FORCES.—Any use of the Armed Forces in accordance 20 with paragraph (3), (4), or (5) of subsection (a)— 21 ‘‘(1) is subject to the requirements of sections 22 3, 4, and 5; and 23 ‘‘(2) shall be limited, in terms of the Armed 24 Forces which are used and the manner in which they 25 VerDate Sep 11 2014 00:59 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HJ66.IH HJ66 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HJ 66 IH are used, to such use as is essential in order to 1 achieve the purpose described in that paragraph. 2 ‘‘(c) FUNDING LIMITATION.—Funds appropriated or 3 otherwise made available under any law may not be obli- 4 gated or expended for any introduction, other than an in- 5 troduction described in subsection (a), of the Armed 6 Forces into hostilities. 7 ‘‘SEC. 3. CONSULTATION BETWEEN THE PRESIDENT AND 8 CONGRESS. 9 ‘‘(a) REQUIREMENTS FOR CONSULTATION.—(1) The 10 President, in every possible instance, shall consult with the 11 Congress before the Armed Forces are introduced into 12 hostilities in accordance with paragraph (3), (4), or (5) 13 of section 2(a). After every such introduction, the Presi- 14 dent shall consult regularly with the Congress until the 15 Armed Forces are no longer in hostilities. 16 ‘‘(2) The President, in every possible instance, shall 17 consult with the Congress— 18 ‘‘(A) before Armed Forces are introduced into 19 the territory, airspace, or waters of a foreign country 20 while equipped for combat, except for deployments 21 which relate solely to supply, replacement, repair, or 22 training of such forces; 23 ‘‘(B) before Armed Forces are introduced into 24 the territory, airspace, or waters of a foreign country 25 VerDate Sep 11 2014 00:59 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HJ66.IH HJ66 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HJ 66 IH in which there are already Armed Forces equipped 1 for combat if such introduction would substantially 2 enlarge the number of Armed Forces equipped for 3 combat located in that country or otherwise substan- 4 tially increase the military capabilities of such 5 forces; or 6 ‘‘(C) before committing Armed Forces to an op- 7 eration authorized by the United Nations Security 8 Council under chapter VII of the United Nations 9 Charter. 10 ‘‘(b) EXECUTIVE-LEGISLATIVE CONSULTATIVE 11 GROUP.—The consultation required by subsection (a) 12 shall include participation by— 13 ‘‘(1) the President, the Secretary of State, the 14 Secretary of Defense, the Director of Central Intel- 15 ligence, the Director of National Intelligence, and 16 those senior executive branch officials designated by 17 the President; 18 ‘‘(2) the Speaker, the Minority leader and Ma- 19 jority leader, the Majority whip and Minority whip, 20 the chair and ranking member of the Committee on 21 Foreign Affairs, the chair and ranking member of 22 the Committee on Armed Services, the chair and 23 ranking member of the Permanent Select Committee 24 on Intelligence of the House of Representatives, and 25 VerDate Sep 11 2014 00:59 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HJ66.IH HJ66 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HJ 66 IH any other Members of the House of Representatives 1 designated by the Speaker or the Minority leader; 2 and 3 ‘‘(3) the Majority and Minority leader, the Ma- 4 jority whip and Minority whip, the chair and rank- 5 ing member of the Committee on Foreign Relations, 6 the chair and ranking member of the Committee on 7 Armed Services, the chair and ranking member of 8 the Select Committee on Intelligence of the Senate, 9 and any Senator designated by the Majority or Mi- 10 nority leader. 11 ‘‘(c) WHAT CONSULTATION REQUIRES.—In order to 12 satisfy the consultation requirement of this section, the 13 President must ask Members of Congress for their advice 14 and opinions before the decision is made to introduce the 15 Armed Forces, and in no event later than 48 hours prior 16 to introduction of the Armed Forces. Such consultation 17 requires that all information relevant to the situation must 18 be made available to the Members of Congress being con- 19 sulted. The consultation requirement of this section is not 20 met, however, if the Congress is merely informed about 21 the situation. 22 ‘‘SEC. 4. REPORTS TO THE CONGRESS. 23 ‘‘(a) REPORTING REQUIREMENT.—The President 24 shall submit the report described in subsection (b) no later 25 VerDate Sep 11 2014 00:59 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HJ66.IH HJ66 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HJ 66 IH than 48 hours after the Armed Forces are introduced into 1 hostilities in accordance with paragraph (3), (4), or (5) 2 of section 2(a). 3 ‘‘(b) DESCRIPTION OF REPORT REQUIRED.—The re- 4 port required by subsection (a) is a written report sub- 5 mitted by the President to the Speaker and Minority 6 Leader of the House of Representatives, the President pro 7 tempore and Minority Leader of the Senate, and the Exec- 8 utive-Legislative consultative group described in section 9 3(b) on the same calendar day, setting forth— 10 ‘‘(1) the circumstances necessitating the intro- 11 duction of the Armed Forces; 12 ‘‘(2) the specific constitutional and legislative 13 authority under which such introduction took place; 14 and 15 ‘‘(3) the estimated scope and duration of the 16 hostilities or the involvement of the Armed Forces, 17 as the case may be. 18 Any such report shall state expressly that it is being sub- 19 mitted pursuant to this section. 20 ‘‘(c) ADDITIONAL INFORMATION.—The President 21 shall provide such other information as the Congress may 22 request in the fulfillment of its constitutional responsibil- 23 ities with respect to committing the Nation to war and 24 to the use of the Armed Forces abroad. 25 VerDate Sep 11 2014 00:59 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\HJ66.IH HJ66 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HJ 66 IH ‘‘(d) CONTINUING REPORTS.—Whenever the Armed 1 Forces are introduced into hostilities the President shall, 2 so long as the Armed Forces continue to be involved in 3 those hostilities, report to the Congress periodically on the 4 status of such hostilities as well as on the scope and esti- 5 mated duration of such hostilities, but in no event shall 6 the President report to the Congress less often than once 7 every three months. 8 ‘‘SEC. 5. CONGRESSIONAL ACTION WITH RESPECT TO HOS- 9 TILITIES. 10 ‘‘(a) RECEIPT OF SECTION 4(a) REPORT.—Each re- 11 port submitted pursuant to section 4(a) shall be referred 12 to the Committee on Foreign Affairs of the House of Rep- 13 resentatives and to the Committee on Foreign Relations 14 of the Senate for appropriate action. If, when the report 15 is transmitted, the Congress has adjourned sine die or has 16 adjourned for any period in excess of three calendar days, 17 the Speaker of the House of Representatives and the 18 President pro tempore of the Senate, if they deem it advis- 19 able (or if they are petitioned by at least 30 percent of 20 the membership of their respective Houses) shall jointly 21 request the President to convene the Congress in order 22 that it may consider the report and take appropriate ac- 23 tion pursuant to this section. 24 VerDate Sep 11 2014 00:59 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\HJ66.IH HJ66 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HJ 66 IH ‘‘(b) REQUIREMENT FOR SPECIFIC STATUTORY AU- 1 THORIZATION FOR CONTINUED INVOLVEMENT.— 2 ‘‘(1) IN GENERAL.—Within 30 calendar days 3 after the Armed Forces are introduced into hos- 4 tilities in accordance with paragraph (3), (4), or (5) 5 of section 2(a), the President shall remove the 6 Armed Forces from those hostilities unless the Con- 7 gress— 8 ‘‘(A) has declared war; 9 ‘‘(B) has enacted a joint resolution pro- 10 viding specific authorization for such use of the 11 Armed Forces as described in paragraph (2); 12 ‘‘(C) has extended by law such 30-day pe- 13 riod; or 14 ‘‘(D) is physically unable to meet as a re- 15 sult of an armed attack upon the United States. 16 This 30-day period shall be extended for not more 17 than an additional 15 days if the President deter- 18 mines and certifies to the Congress in writing that 19 unavoidable military necessity respecting the safety 20 of the Armed Forces requires the continued use of 21 the Armed Forces in the course of bringing about 22 their prompt removal from hostilities. 23 ‘‘(2) JOINT RESOLUTION DESCRIBED.—A joint 24 resolution providing specific authorization for such 25 VerDate Sep 11 2014 02:15 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\HJ66.IH HJ66 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HJ 66 IH use of the Armed Forces described in this paragraph 1 shall— 2 ‘‘(A) clearly define the mission, objectives, 3 and geographic scope of the Armed Forces; 4 ‘‘(B) require the President to seek from 5 the Congress a subsequent specific authoriza- 6 tion to expand the mission, objectives, or geo- 7 graphic scope of the Armed Forces; and 8 ‘‘(C) provide for termination of the author- 9 ization for such use of the Armed Forces unless 10 the Congress enacts a joint resolution providing 11 a subsequent specific auth [Text truncated for display. 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