[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress]
[118th Congress]
[House Document 117-161]
[Legislate Procedures Enacted in Law]
[Pages 1160-1164]
[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.


  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.

  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).

  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 of a joint resolution or 
bill to amend or repeal its provisions (P.L. 98-119, Sept. 29, 1983, p. 
26493).

  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 1164]]

 varying the statutory procedures for consideration of both measures 
 (H. Res. 151, Apr. 28, 1999, p. 7718).
  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

  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 118th Congress, the House authorized the tolling of the 
calendar day count under section 7 of the War Powers Resolution as part 
of a larger set of procedures effective during a district work period as 
designated by the Speaker (sec. 3(z), H. Res. 5, Jan. 9, 2023, p. _).

  In the 116th through 118th 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. 
3(o), H. Res. 5, Jan. 9, 2023, p. _).




                                                            Sec. 1130(3)