[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
[112nd Congress]
[House Document 111-157]
[Legislate Procedures Enacted in Law]
[Pages 1116-1119]
[From the U.S. Government Publishing Office, www.gpo.gov]
2. War Powers Resolution, Sec. Sec. 5-7 [50 U.S.C. 1544-46]
Sec. 5. (a) Each report submitted pursuant to section 4(a)(1) shall be
transmitted to the Speaker of the House of Representatives and to the
President pro tempore of the Senate on the same calendar day. Each
report so transmitted shall be referred to the Committee on
International Relations 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 if advisable (or if petitioned by at least 30
percent of the membership of their respective Houses) shall jointly
request the President to convene Congress in order that it may consider
the report and take appropriate action pursuant to this section.
(b) Within sixty calendar days after a report is submitted or is
required to be submitted pursuant to section 4(a)(1), whichever is
earlier, the President shall terminate any use of United States Armed
Forces with respect to which such report was submitted (or required to
be submitted), unless the Congress (1) has declared war or has enacted a
specific authorization for such use of United States Armed Forces, (2)
has extended by law such sixty-day period, or (3) is physically unable
to meet as a result of an armed attack upon the United States. Such
sixty-day period shall be extended for not more than an additional
thirty days if the President determines and certifies to the Congress in
writing that unavoidable military necessity respecting the safety of
United States Armed Forces requires the continued use of such armed
forces in the course of bringing about a prompt removal of such forces.
(c) Notwithstanding subsection (b), at any time that United States
Armed Forces are engaged in hostilities outside the territory of the
United States, its possessions and territories without a declaration of
war or specific statutory authorization, such forces shall be removed by
the President if the Congress so directs by concurrent resolution.
[[Page 1117]]
This section (and section 7, infra) should be read in light of INS v.
Chadha, 462 U.S. 919 (1983).
Sec. 6. (a) Any joint resolution or bill introduced pursuant to
section 5(b) at least thirty calendar days before the expiration of the
sixty-day period specified in such section shall be referred to the
Committee on International Relations of the House of Representatives or
the Committee on Foreign Relations of the Senate, as the case may be,
and such committee shall report one such joint resolution or bill,
together with its recommendations, not later than twenty-four calendar
days before the expiration of the sixty-day period specified in such
section, unless such House shall otherwise determine by the yeas and
nays.
(b) Any joint resolution or bill so reported shall become the pending
business of the House in question (in the case of the Senate the time
for debate shall be equally divided between the proponents and the
opponents), and shall be voted on within three calendar days thereafter,
unless such House shall otherwise determine by yeas and nays.
(c) Such a joint resolution or bill passed by one House shall be
referred to the committee of the other House named in subsection (a) and
shall be reported out not later than fourteen calendar days before the
expiration of the sixty-day period specified in section 5(b). The joint
resolution or bill so reported shall become the pending business of the
House in question and shall be voted on within three calendar days after
it has been reported, unless such House shall otherwise determine by
yeas and nays.
(d) In the case of any disagreement between the two Houses of Congress
with respect to a joint resolution or bill passed by both Houses,
conferees shall be promptly appointed and the committee of conference
shall make and file a report with respect to such resolution or bill not
later than four calendar days before the expiration of the sixty-day
period specified in section 5(b). In the event the conferees are unable
to agree within 48 hours, they shall report back to their respective
Houses in disagreement. Notwithstanding any rule in either House
concerning the printing of conference reports in the Record or
concerning any delay in the consideration of such reports, such report
shall be acted on by both Houses not later than the expiration of such
sixty-day period.
[[Page 1118]]
ommendations within fifteen calendar days, unless such House
shall otherwise determine by the yeas and nays.
Sec. 7. (a) Any concurrent resolution introduced pursuant to section
5(c) shall be referred to the Committee on International Relations of
the House of Representatives or the Committee on Foreign Relations of
the Senate, as the case may be, and one such concurrent resolution shall
be reported out by such committee together with its
rec
(b) Any concurrent resolution so reported shall become the pending
business of the House in question (in the case of the Senate the time
for debate shall be equally divided between the proponents and the
opponents) and shall be voted on within three calendar days thereafter,
unless such House shall otherwise determine by yeas and nays.
(c) Such a concurrent resolution passed by one House shall be referred
to the committee of the other House named in subsection (a) and shall be
reported out by such committee together with its recommendations within
fifteen calendar days and shall thereupon become the pending business of
such House and shall be voted upon within three calendar days, unless
such House shall otherwise determine by yeas and nays.
(d) In the case of any disagreement between the two Houses of Congress
with respect to a concurrent resolution passed by both Houses, conferees
shall be promptly appointed and the committee of conference shall make
and file a report with respect to such concurrent resolution within six
calendar days after the legislation is referred to the committee of
conference. Notwithstanding any rule in either House concerning the
printing of conference reports in the Record or concerning any delay in
the consideration of such reports, such report shall be acted on by both
Houses not later than six calendar days after the conference report is
filed. In the event the conferees are unable to agree within 48 hours,
they shall report back to their respective Houses in disagreement.
In the 94th Congress the President was granted authority to implement
a ``Sinai early-warning system'' involving the assignment of civilian
personnel to noncombat functions. In the same enactment, Congress
provided for privileged consideration of a concurrent resolution calling
for the removal of such personnel (see 22 U.S.C. 2348 note).
[[Page 1119]]
of a joint
resolution or bill to amend or repeal its provisions (P.L. 98-119, Sept.
29, 1983, p. 26493).
In the 98th Congress the Committee on Foreign Affairs reported a joint
resolution providing statutory authorization under the War Powers
Resolution for a multinational peacekeeping force in Lebanon. The joint
resolution would have been subject to consideration under the procedural
provisions of the statute, but the House adopted a special order
reported from the Committee on Rules varying the procedures for
consideration of the joint resolution and also providing for
consideration of a similar Senate joint resolution (H. Res. 318, Sept.
28, 1983, p. 26108). The House subsequently passed a Senate joint
resolution on the subject that changed the Rules of the House and Senate
to provide special procedures for consideration
The 98th Congress provided for expedited consideration in the Senate
of bills or joint resolutions requiring the removal of U.S. forces
engaged in hostilities outside U.S. territory without a declaration of
war (P.L. 98-164, 97 Stat. 1062). Those procedures appear in section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976 (P.L. 94-329; 90 Stat. 765).
In the 102d and 107th Congresses the President was granted specific
authority within the meaning of section 5(b) of the Act to use U.S.
armed forces (P.L. 102-1; P.L. 107-40; P.L. 107-243).
In the 103d Congress the Committee on Foreign Affairs reported H. Con.
Res. 170, directing the President pursuant to 5(c) of the Act to remove
United States Armed Forces from Somalia by January 31, 1994. By
unanimous consent the House extended by one day the time for privileged
consideration of that concurrent resolution under section 7(b) (Nov. 4,
1993, p. 27393).
In the 105th Congress the Committee on International Relations (now
Foreign Affairs) reported H. Con. Res. 227, directing the President
pursuant to section 5(c) of the Act to remove United States Armed Forces
from the Republic of Bosnia and Herzegovina. By unanimous consent the
House postponed consideration of the concurrent resolution until a date
certain and provided for its consideration under a ``closed'' procedure
(Mar. 12, 1998, p. 3398).
In the 106th Congress the Committee on International Relations (now
Foreign Affairs) reported H. Con. Res. 82, directing the President
pursuant to section 5(c) of the Act to remove United States Armed Forces
from their positions in connection with the operations against the
Federal Republic of Yugoslavia, and H. J. Res. 44, pursuant to section
5(b) of the Act and article I, section 8 of the Constitution, declaring
a state of war between the United States and the Government of the
Federal Republic of Yugoslavia. The House adopted a special order
reported from the Committee on Rules varying the statutory procedures
for consideration of both the concurrent resolution and the joint
resolution (H. Res. 151, Apr. 28, 1999, p. 7718).
Sec. 1130(3)