War Powers Reform Resolution

IIA 116TH CONGRESS 1ST SESSION S. J. RES. 60 To amend the War Powers Resolution to improve requirements and limitations in connection with authorizations for use of military force and narrowings and repeals of such authorizations, and for other purposes. IN THE SENATE OF THE UNITED STATES NOVEMBER 13, 2019 Mrs. GILLIBRAND introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations JOINT RESOLUTION To amend the War Powers Resolution to improve require- ments and limitations in connection with authorizations for use of military force and narrowings and repeals of such authorizations, and for other purposes. 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 joint resolution may be cited as the ‘‘War Pow- 4 ers Reform Resolution’’. 5 VerDate Sep 11 2014 23:36 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ60.IS SJ60 pamtmann on DSKBC07HB2PROD with BILLS 2 •SJ 60 IS SEC. 2. JOINT RESOLUTIONS AND BILLS AUTHORIZING, 1 NARROWING, OR REPEALING USE OF MILI- 2 TARY FORCE. 3 The War Powers Resolution (50 U.S.C. 1541 et seq.) 4 is amended by inserting after section 5 the following new 5 section: 6 ‘‘JOINT RESOLUTIONS AND BILLS AUTHORIZING, 7 NARROWING, OR REPEALING USE OF MILITARY FORCE 8 ‘‘SEC. 5A. (a) A joint resolution or bill introduced 9 after the date of the enactment of this section pursuant 10 to section 5(b) for a purpose specified in that section shall 11 be eligible for expedited consideration in accordance with 12 section 6(a) if the joint resolution or bill sets forth only 13 the following: 14 ‘‘(1) The specific strategic objective of the mili- 15 tary force authorized for use by the joint resolution 16 or bill. 17 ‘‘(2) A specification that the military force au- 18 thorized for use by the joint resolution or bill is nec- 19 essary, appropriate, and proportional to the purpose 20 of the joint resolution or bill. 21 ‘‘(3) A specific naming of the nations, organiza- 22 tions, or forces engaged in active hostilities against 23 the United States, its territories or possessions, or 24 United States Armed Forces against which use of 25 military force is authorized by the joint resolution or 26 VerDate Sep 11 2014 23:36 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SJ60.IS SJ60 pamtmann on DSKBC07HB2PROD with BILLS 3 •SJ 60 IS bill, which may not vest in or delegate to any official 1 in the Executive Branch authority to specify any 2 other nation, organization, or force against which 3 use of military force is authorized by the joint reso- 4 lution or bill. 5 ‘‘(4) A specification of the country or countries, 6 or subdivision of a country or subdivisions of coun- 7 tries, in which military force is authorized for use by 8 the joint resolution or bill, which may not vest in or 9 delegate to any official in the Executive Branch au- 10 thority to specify any other country or subdivision of 11 a country in which use of military force is author- 12 ized by the joint resolution or bill. 13 ‘‘(5) A specification to a date certain of the du- 14 ration of the authorization for use of military force 15 in the joint resolution or bill, which may not exceed 16 two years from the date of the enactment of the 17 joint resolution or bill. 18 ‘‘(b) A joint resolution or bill introduced after the 19 date of the enactment of this section to narrow a Joint 20 Resolution or Act authorizing use of military force that 21 is in effect on the date of the introduction of the joint 22 resolution or bill shall be eligible for expedited consider- 23 ation in accordance with section 6(a) if the joint resolution 24 VerDate Sep 11 2014 23:36 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\SJ60.IS SJ60 pamtmann on DSKBC07HB2PROD with BILLS 4 •SJ 60 IS or bill sets forth only a narrowing or other limitation of 1 the Joint Resolution or Act as follows: 2 ‘‘(1) To narrow the specific strategic objective 3 of the military force authorized by the Joint Resolu- 4 tion or Act. 5 ‘‘(2) To strike one or more named nations, or- 6 ganizations, or forces against which use of military 7 force is authorized by the Joint Resolution or Act, 8 and to specify a date certain for the effective date 9 of such strike. 10 ‘‘(3) To strike one or more countries or subdivi- 11 sions of a country in which military force is author- 12 ized for use by the Joint Resolution or Act, and to 13 specify a date certain for the effective date of such 14 strike. 15 ‘‘(4) To reduce the duration of the authoriza- 16 tion for use of military force in the Joint Resolution 17 or Act to an earlier date certain specified in the 18 joint resolution or bill. 19 ‘‘(c) A joint resolution or bill introduced after the 20 date of the enactment of this section only to repeal one 21 or more Joint Resolutions or Acts authorizing use of mili- 22 tary force that is or are in effect on the date of the intro- 23 duction of the joint resolution or bill shall be eligible for 24 expedited consideration in accordance with section 6(a). 25 VerDate Sep 11 2014 23:36 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\SJ60.IS SJ60 pamtmann on DSKBC07HB2PROD with BILLS 5 •SJ 60 IS ‘‘(d) A joint resolution or bill introduced as described 1 in subsection (a) or (b) may also repeal any Joint Resolu- 2 tion or Act authorizing use of military force that is in ef- 3 fect on the date of the introduction of the joint resolution 4 or bill without losing eligibility for expedited consideration 5 in accordance with section 6(a) as otherwise provided in 6 such subsection.’’. 7 SEC. 3. EXPEDITED PROCEDURES FOR JOINT RESOLU- 8 TIONS AND BILLS AUTHORIZING, LIMITING, 9 OR REPEALING USE OF MILITARY FORCE. 10 Section 6(a) of the War Powers Resolution (50 11 U.S.C. 1545(a)) is amended— 12 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 13 (2) in paragraph (1), as designated by para- 14 graph (1) of this section— 15 (A) by striking ‘‘introduced pursuant to 16 section 5(b) at least thirty calendar days before 17 the expiration of the sixty-day period specified 18 in such section’’ and inserting ‘‘introduced pur- 19 suant to section 5(b) for purposes of section 20 5A(a) at least thirty calendar days before the 21 expiration of the sixty-day period specified in 22 section 5(b)’’; and 23 VerDate Sep 11 2014 00:29 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SJ60.IS SJ60 pamtmann on DSKBC07HB2PROD with BILLS 6 •SJ 60 IS (B) by striking ‘‘sixty-day period specified 1 in such section’’ and inserting ‘‘sixty-day period 2 specified in section 5(b)’’; and 3 (3) by adding at the end the following new 4 paragraph: 5 ‘‘(2)(A) Any joint resolution or bill introduced pursu- 6 ant to subsection (b) or (c) of section 5A shall be referred 7 to the committee provided for in paragraph (1), and such 8 committee shall report one such joint resolution or bill, 9 together with its recommendations, not later than twenty- 10 four calendar days before the expiration of the thirty-day 11 period beginning on the date of the introduction of such 12 joint resolution or bill, unless such House shall otherwise 13 determine by the yeas and nays. 14 ‘‘(B) In the case of any joint resolution or bill de- 15 scribed in subparagraph (A), any reference in this section 16 to the sixty-day period specified in section 5(b) shall be 17 deemed to refer instead to the thirty-day period beginning 18 on the date of the introduction of such joint resolution 19 or bill.’’. 20 VerDate Sep 11 2014 23:36 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\SJ60.IS SJ60 pamtmann on DSKBC07HB2PROD with BILLS 7 •SJ 60 IS SEC. 4. LIMITATION ON USE OF FUNDS IN CONTRAVENTION 1 OF THE WAR POWERS RESOLUTION OR 2 OTHER APPLICABLE RESOLUTIONS AUTHOR- 3 IZING USE OF MILITARY FORCE. 4 The War Powers Resolution (50 U.S.C. 1541 et seq.) 5 is amended— 6 (1) by redesignating sections 9 and 10 as sec- 7 tions 10 and 11, respectively; and 8 (2) by inserting after section 8 the following 9 new section 9: 10 ‘‘LIMITATION ON USE OF FUNDS 11 ‘‘SEC. 9. Appropriated funds may not be obligated 12 or expended for the introduction or use of United States 13 Armed Forces into or in hostilities or situations where im- 14 minent involvement in hostilities is clearly indicated by the 15 circumstances in contravention of the provisions of this 16 joint resolution, or another Joint Resolution or Act au- 17 thorizing such introduction or use (if applicable).’’. 18 SEC. 5. JUSTIFICATION IN REQUESTS FOR AUTHORIZA- 19 TIONS FOR USE OF MILITARY FORCE AND IN 20 REPORTS ON USE OF MILITARY FORCE. 21 Section 4 of the War Powers Resolution (50 U.S.C. 22 1543) is amended by adding at the end the following new 23 subsection: 24 ‘‘(d)(1) If in submitting a report under subsection (a) 25 or in connection with an introduction of the United States 26 VerDate Sep 11 2014 23:36 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\SJ60.IS SJ60 pamtmann on DSKBC07HB2PROD with BILLS 8 •SJ 60 IS Armed Forces as described in that subsection the Presi- 1 dent also submits to Congress a request for an authoriza- 2 tion for use of the United States Armed Forces in the 3 hostilities or situation concerned, the President shall in- 4 clude with such request a comprehensive justification for 5 such request, including a justification for— 6 ‘‘(A) the nations, organizations, and forces cov- 7 ered by such request; 8 ‘‘(B) the countries and subdivisions of countries 9 covered by such request; and 10 ‘‘(C) the duration of the request. 11 ‘‘(2) Each report under subsection (c) on the status 12 of hostilities or a situation shall include a current com- 13 prehensive justification for use of the United States 14 Armed Forces in the hostilities or situation, including a 15 justification for— 16 ‘‘(A) the continuing use of the United States 17 Armed Forces against the particular nations, organi- 18 zations, and forces concerned; 19 ‘‘(B) the continuing use of the United States 20 Armed Forces in the particular countries and sub- 21 divisions of countries concerned; and 22 ‘‘(C) the currently anticipated duration of the 23 use of the United States Armed Forces in the hos- 24 tilities or situation. 25 VerDate Sep 11 2014 23:36 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\SJ60.IS SJ60 pamtmann on DSKBC07HB2PROD with BILLS 9 •SJ 60 IS ‘‘(3)(A) Except as provided in subparagraph (B), any 1 justification submitted pursuant to this subsection shall 2 be in unclassified form to the greatest extent practicable, 3 including in the specification of the countries or subdivi- 4 sions of countries concerned and in the duration or antici- 5 pated duration concerned, but may include a classified 6 annex (and then only to the extent required to protect the 7 national security interests of the United States). 8 ‘‘(B) A request described in paragraph (1) shall list 9 or specify the names of the nations, organizations, and 10 forces covered by such request in unclassified form.’’. 11 SEC. 6. REPEAL OF AUTHORIZATIONS FOR USE OF MILI- 12 TARY FORCE. 13 (a) AUTHORIZATION FOR USE OF MILITARY 14 FORCE.—The Authorization for Use of Military Force 15 (Public Law 107–40; 50 U.S.C. 1541 note) is repealed. 16 (b) AUTHORIZATION FOR USE OF MILITARY FORCE 17 AGAINST IRAQ RESOLUTION OF 2002.—The Authoriza- 18 tion for Use of Military Force Against Iraq Resolution of 19 2002 (Public law 107–243; 50 U.S.C. 1541 note) is re- 20 pealed. 21 (c) AVAILABILITY OF FUNDS FOR SAFE REMOVAL OF 22 ARMED FORCES FROM HOSTILITIES.—Notwithstanding 23 the repeal by subsections (a) and (b) of the Resolutions 24 referred to in such subsections, the President is author- 25 VerDate Sep 11 2014 23:36 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\SJ60.IS SJ60 pamtmann on DSKBC07HB2PROD with BILLS 10 •SJ 60 IS ized, during the 60-day period beginning on the date of 1 the enactment of this joint resolution, to obligate and ex- 2 pend appropriated funds to safely remove United States 3 Armed Forces from hostilities or situations in which use 4 of United States Armed Forces is authorized by or con- 5 ducted pursuant to the Resolutions as of the date of the 6 enactment of this joint resolution. 7 Æ VerDate Sep 11 2014 23:36 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\SJ60.IS SJ60 pamtmann on DSKBC07HB2PROD with BILLS