[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 53 Introduced in House (IH)]
110th CONGRESS
1st Session
H. J. RES. 53
To amend the War Powers Resolution to ensure the collective judgment of
both the Congress and the President will apply to the initiation of
hostilities by the Armed Forces, the continued use of the Armed Forces
in hostilities, and the participation of the Armed Forces in military
operations of the United Nations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2007
Mr. Jones of North Carolina introduced 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 to ensure the collective judgment of
both the Congress and the President will apply to the initiation of
hostilities by the Armed Forces, the continued use of the Armed Forces
in hostilities, and the participation of the Armed Forces in military
operations of the United Nations.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``Constitutional War
Powers Amendments of 2007''.
SEC. 2. 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 AND TABLE OF CONTENTS.
``(a) Short Title.--This joint resolution may be cited as the
`Constitutional War Powers Resolution'.
``(b) Table of Contents.--The table of contents for this joint
resolution is as follows:
``Sec. 1. Short title and table of contents.
``Sec. 2. Declaration of policy and purpose.
``Sec. 3. Uses of the Armed Forces in hostilities.
``Sec. 4. Consultation between the President and Congress.
``Sec. 5. Reports to the Congress.
``Sec. 6. Congressional action with respect to hostilities.
``Sec. 7. Congressional expedited procedures.
``Sec. 8. Judicial review.
``Sec. 9. Rules of interpretation.
``Sec. 10. Rules of construction.
``Sec. 11. Definitions.
``Sec. 12. Separability clause.
``SEC. 2. DECLARATION OF POLICY AND PURPOSE.
``(a) Declaration of Policy.--The Congress declares that--
``(1) the decision of the United States to provide for the
initiation of hostilities by the Armed Forces, except for a
limited range of defensive purposes, requires a collective
judgment of the Congress and the President;
``(2) the conduct of the Armed Forces in hostilities
requires undivided command by the Commander-in-Chief; and
``(3) the continued use of the Armed Forces in hostilities
ultimately requires continued appropriation and oversight by
the Congress.
``(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 initiation of hostilities by the Armed Forces,
``(2) the continued use of the Armed Forces in hostilities,
and
``(3) the participation of the Armed Forces in certain
military operations of the United Nations.
``SEC. 3. USES OF THE ARMED FORCES IN HOSTILITIES.
``(a) In General.--The initiation of hostilities by the Armed
Forces may occur only as follows:
``(1) Declaration of war.--Pursuant to a declaration of war
by the Congress.
``(2) Specific statutory authorization.--In accordance with
a specific statutory authorization, which shall include the
duration of the authority for the deployment of the Armed
Forces.
``(3) Armed attack on united states.--To the extent
necessary--
``(A) to repel an armed attack upon the United
States; or
``(B) to take necessary and appropriate retaliatory
actions in the event of such an attack.
``(4) Armed attack on the armed forces.--To the extent
necessary to repel an armed attack against Armed Forces located
outside the United States.
``(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 to include international waters and
airspace. 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 control the situation, the President shall make
every effort to terminate any such threat without using the
Armed Forces. Before using the Armed 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) Funding Limitation.--Funds appropriated or otherwise made
available under any law may not be obligated or expended for any
initiation, other than an initiation described in subsection (a), of
hostilities by the Armed Forces.
``SEC. 4. CONSULTATION BETWEEN THE PRESIDENT AND CONGRESS.
``(a) Requirements for Consultation.--(1) The President shall
consult with the Congress before the initiation of hostilities by the
Armed Forces in accordance with any of paragraphs (1) and (2) of
section 3(a). After every such initiation, the President shall consult
regularly with the Congress until the Armed Forces are no longer in
hostilities. The President, in every possible instance, shall consult
with the Congress before the initiation of hostilities by the Armed
Forces in accordance with any of paragraphs (3) through (5) of section
(3)(a).
``(2) The President, in every possible instance, shall consult with
the Congress--
``(A) before Armed Forces are introduced into the
territory, airspace, or waters of a foreign country while
equipped for combat, except for deployments which relate solely
to supply, replacement, repair, or training of such forces;
``(B) before Armed Forces are introduced into the
territory, airspace, or waters of a foreign country in which
there are already Armed Forces equipped for combat if such
initiation would substantially enlarge the number of Armed
Forces equipped for combat located in that country or otherwise
substantially increase the military capabilities of such
forces; or
``(C) before committing Armed Forces to an operation
authorized by the United Nations Security Council under chapter
VII of the United Nations Charter.
``(b) Executive-Legislative Consultative Group.--The consultation
required by subsection (a) shall include participation by--
``(1) the President and those senior executive branch
officials designated by the President; and
``(2) the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Majority Leader
and Minority Leader of the House of Representatives and the
Senate.
``SEC. 5. REPORTS TO THE CONGRESS.
``(a) Reporting Requirement Relating to Use of the Armed Forces
Pursuant to a Declaration of War or Specific Statutory Authorization.--
The President shall submit the report described in subsection (c)
before the initiation of hostilities by the Armed Forces in accordance
with paragraph (1) or (2) of section 3(a).
``(b) Reporting Requirement Relating to Emergency Use of the Armed
Forces.--The President shall submit the report described in subsection
(c) within 48 hours after the initiation of hostilities by the Armed
Forces in accordance with paragraph (3), (4), or (5) of section 3(a).
``(c) Description of Report Required.--The report required by
subsections (a) and (b) is a written report submitted by the President
to the Speaker of the House of Representatives and the President pro
tempore of the Senate on the same calendar day, setting forth--
``(1) the circumstances necessitating the initiation of
hostilities by the Armed Forces;
``(2) the specific constitutional and legislative authority
under which such initiation is permissible;
``(3) the estimated scope and duration of the hostilities
or the involvement of the Armed Forces, as the case may be;
``(4) the estimated cost of the hostilities, including
post-hostility reconstruction;
``(5) the assets of the Armed Forces to be introduced or
introduced;
``(6) an assessment of the diplomatic impact on United
States foreign relations; and
``(7) a detailed assessment of post-hostilities scenarios,
including the size of military forces and the duration of
deployment necessitated under each alternative scenario.
Any such report shall state expressly that it is being submitted
pursuant to this section.
``(d) Continuing Reports.--Whenever hostilities are initiated by
the Armed Forces the President shall, so long as the Armed Forces
continue to be involved in those or related hostilities, report to the
Congress periodically on the status of such hostilities as well as on
the scope and estimated duration of such hostilities, but in no event
shall the President report to the Congress less often than once every
six months.
``SEC. 6. CONGRESSIONAL ACTION WITH RESPECT TO HOSTILITIES.
``(a) Receipt of Section 5(b) Report.--Each report submitted
pursuant to section 5(b) 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.--Within 30 calendar days after the initiation of
hostilities by the Armed Forces in accordance with paragraph (3), (4),
or (5) of section 3(a), the President shall remove the Armed Forces
from those hostilities unless the Congress--
``(1) has declared war;
``(2) has enacted a joint resolution providing specific
authorization for such use of the Armed Forces;
``(3) has extended by law such 30-day period; or
``(4) is physically unable to meet as a result of an armed
attack upon the United States.
``(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 the Armed Forces in the hostilities. This subsection
does not, however, prohibit the use of funds to remove the Armed Forces
from hostilities.
``SEC. 7. 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
the Armed Forces in hostilities, so long as that resolution
contains only provisions which are relevant to those
hostilities;
``(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; and
``(3) that references this section.
``(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
placed on the appropriate calendar of the House, or at any time prior
to the end of such 10-day period if 30 percent of the membership of the
House requests that the resolution be immediately placed on the
appropriate calendar of the House.
``(B) After a privileged resolution has been placed on the
appropriate calendar, no other privileged resolution with respect to
the same 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 (other than a motion to adjourn),
except as provided in paragraph (5)(A). A motion to reconsider the vote
by which the motion 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 privileged resolution of the Senate
shall be considered to have been read for the third
time; 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 appropriate committee or committees,
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 with 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 House files the
report provided 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 Constitutional 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 one-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. 8. 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 the Armed Forces have not complied with any
provision of this joint resolution.
``(b) 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.
``(c) Appeals.--Any judgment in an action described in subsection
(a) shall be directly appealable to the United States Supreme Court.
``SEC. 9. RULES OF INTERPRETATION.
``(a) Other Statutes and Treaties.--Authority for the initiation of
hostilities by the Armed Forces 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 initiation of
hostilities by the Armed Forces 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 initiation of hostilities by the Armed Forces
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 the Armed Forces in hostilities, or
``(2) finding that the President or the Armed 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 the Armed Forces in
any hostilities or as a finding by the Congress that such involvement
is consistent with this joint resolution.
``SEC. 10. RULES OF CONSTRUCTION.
``Nothing in this joint resolution shall be construed to alter the
constitutional authority of Congress or the President or the provisions
of any treaty or other international agreement to which the United
States is a party as of the date of the enactment of this joint
resolution. No authorization by a treaty organization or international
body to which the United States is a member, or authorization under
international law generally, shall substitute for a declaration of war
required by paragraph (1) of section 3(a) or specific statutory
authorization required by paragraph (2) of such section. No provision
of law enacted before the date of the enactment of this joint
resolution shall be construed to authorize the use of military force by
the United States.
``SEC. 11. DEFINITIONS.
``For purposes of this joint resolution, the following definitions
apply:
``(1) Armed forces.--The term `Armed Forces' has the
meaning given the term in section 101 of title 10, United
States Code, and includes the National Guard.
``(2) Hostilities.--The term `hostilities' includes a
situation where overt acts of warfare are taking place, such
as--
``(A) the exchange of fire between regular or
irregular military forces, or
``(B) the aerial or naval bombardment of military
or civilian targets by regular or irregular military
forces,
regardless of whether the Armed Forces are participating in the
exchange of fire or the bombardment;
``(3) Initiate and initiation.--The terms `initiate' and
`initiation' include--
``(A) any commitment, engagement, or other
involvement of the Armed Forces in hostilities,
including the taking of self-defense measures by the
Armed Forces in response to an attack or threatened
attack;
``(B) the assigning or detailing of members of the
Armed Forces to command, coordinate, participate in the
movement of, accompany, or provide logistical support
or training for any foreign regular or irregular
military forces if those forces are involved in
hostilities (regardless of whether those hostilities
involve insurgent forces or the military forces of a
foreign country); and
``(C) the assigning or detailing of members of the
Armed Forces to an operation authorized by the United
Nations Security Council under chapter VII of the
United Nations Charter.
``(4) United states; country.--The terms `United States'
and `country', when used in a geographic sense, include
territories and possessions.
``SEC. 12. 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.''.
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