[Congressional Record Volume 166, Number 45 (Monday, March 9, 2020)]
[Senate]
[Page S1621]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         WAR POWERS RESOLUTION

  Mr. MENENDEZ. Mr. President, on January 28, 2020, I submitted a 
statement for the Record on H. Con. Res. 83, which directs the 
President to terminate the use of U.S. Armed Forces to engage in 
hostilities against Iran.
  H. Con. Res. 83 was passed by the House of Representatives on January 
9, 2020, and received in the Senate and referred to the Committee on 
Foreign Relations on January 13, 2020. Pursuant to 50 U.S.C. 1546(c), 
H. Con. Res. 83 should have been treated as a privileged resolution and 
reported out of the committee on January 28.
  The Senate Foreign Relations Committee majority leadership opted not 
to hold a committee debate or vote on H. Con. Res. 83. As I explained 
in my statement of January 28, I understand that this decision was 
based primarily on the view that a concurrent resolution, under the War 
Powers Resolution, may be privileged only if it uses the word 
``remove'' or the phrase ``removal of United States Armed Forces 
engaged in hostilities,'' rather than ``terminate'' or ``terminate the 
use of United States Armed Forces to engage in hostilities,'' as used 
in H. Con. Res. 83. As I will explain, however, this view is not 
consistent with Senate precedent.
  On February 13, 2020, the Senate passed S.J. Res. 68. This resolution 
contains identical operative language to H. Con. Res. 83, directing the 
President to ``terminate'' the use of U.S. Armed Forces for hostilities 
against Iran. The very fact that S.J. Res. 68 was considered in the 
Senate on a privileged and expedited basis clarified that there are no 
magic words required for privilege under the War Powers Resolution, and 
that the use of ``terminate'' qualifies for such privilege. As a 
result, it is clear that H. Con. Res. 83 should have been accorded 
privileged status and, pursuant to 50 U.S.C. 1546(c), should have been 
reported out of committee and put up for a Senate vote.
  Fortunately, the Senate prerogatives under the War Powers Resolution 
were vindicated by the debate, privileged consideration, and vote on 
S.J. Res. 68. As such and in light of the identical purpose and 
operative texts of the Senate joint resolution and the House concurrent 
resolution, there is no need at this point for a second, identical 
debate to occur either in the committee or on the Senate floor. In 
other words, inaction on H. Con. Res. 83 is harmless.
  Both Chambers of Congress have made their views and the views of the 
American people with regard to U.S. hostilities against Iran quite 
clear. I hope President Trump and his national security staff abide by 
this message.

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