[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.
                                 <all>