    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
    [117th Congress]
    [House Document 116-177]
    [Legislate Procedures Enacted in Law]
    [Pages 1174-1178]
    [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.

    [[Page 1175]]

    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.

      (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

      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.

    [[Page 1176]]

    shall be acted on by both Houses not later than the expiration of such
    sixty-day period.

      (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

      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 recommendations
    within fifteen calendar days, unless such House shall otherwise
    determine by the yeas and nays.

      (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 1177]]

    tion 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 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 Resolu

      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). Although the statute does not
    provide for expedited consideration in the House of such bills or joint
    resolutions, the House passed three such joint resolutions in the 116th
    Congress pursuant to special orders of business reported from the
    Committee on Rules (H.J. Res. 37, Feb. 13, 2019, p. _; S.J. Res. 7, Apr.
    4, 2019, p. _ (failure to override veto in Senate, May 2, 2019, p. _);
    S.J. Res. 68, Mar. 11, 2020, p. _ (failure to override veto in Senate,
    May 7, 2020, p. _)).

      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 measure 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 measure until a date certain and
    provided for its consideration under a ``closed'' procedure (Mar. 12,
    1998, p. 3398).

    [[Page 1178]]

      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 measures (H. Res. 151, Apr. 28, 1999, p.
    7718).

      In the 115th Congress the House adopted a special order of business
    reported from the Committee on Rules rendering the statutory procedures
    pursuant to section 7 of the Act inapplicable during the remainder of
    the Congress with respect to the consideration of any measure related to
    a specified country (sec. 2, H. Res. 1176, Dec. 12, 2018, p. _). Similar
    provisions have been adopted as part of special orders providing for the
    consideration of concurrent resolutions introduced pursuant to section
    5(c) of the Act (sec. 2, H. Res. 293, Nov. 8, 1993, pp. 27763, 27764;
    sec. 2(b), H. Res. 739, Dec. 4, 2019, p. _; sec. 2, H. Res. 781, Jan. 9,
    2020, p. _).

      In the 116th and 117th Congresses the House clarified that a motion to
    discharge a measure introduced pursuant to sections 6 and 7 of the Act
    would not be subject to a motion to table (sec. 103(l), H. Res. 6, Jan.
    3, 2019, p. _; sec. 3(c), H. Res. 8, Jan. 4, 2021, p. _).

                                                                Sec. 1130(3)