,,ii #aacth ,,congress #b;d ,session ,s4 #aici ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #af1 #bjad,mr4 ,kaine 7for himself1 ,mr4 ,mc,cain1 and ,mr4 ,king7 introduced the following bill2 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 consultation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,war ,powers ,consultation ,act of #bjad4 #b4 ,findings2 purpose 7a7 ,findings ,congress makes the following findings3 7#a7 ,the ,war ,powers ,resolution 7#ej ,u4,s4,c4 #aeda et seq47 has not worked as intended1 and has added to the divisiveness and uncertainty that exists regarding the war powers of the ,president and ,congress4 7#b7 ,the ,american people want both the ,president and ,congress involved in the decisionmaking process when ,united ,states ,armed ,forces are committed to significant armed conflict1 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 decision4 7#c7 ,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 courts1 for the most part1 have declined jurisdiction on the grounds that the issues involved are political questions or that the plaintiffs lack standing4 7#d7 ,it harms the country to have the ,war ,powers ,resolution1 the centerpiece statute in this vital area of ,united ,states law1 regularly and openly questioned or ignored4 7#e7 ,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 conflict1 without prejudice to the rights of either branch to assert its constitutional war powers or to challenge the constitutional war powers of the other branch4 7b7 ,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 conflict4 ,this ,act is not meant to define1 circumscribe1 or enhance the constitutional war powers of either the executive or legislative branch of government1 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 branch4 #c4 ,significant armed conflict defined 7a7 ,in general ,in this ,act1 except as provided under paragraph 7#b71 the term significant armed conflict means any conflict expressly authorized by ,congress1 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 week4 7b7 ,exceptions ,the term significant armed conflict does not include any commitment of members of the ,armed ,forces for the following purposes3 7#a7 ,actions taken by the ,president to repel attacks1 or to prevent imminent attacks1 on the ,united ,states1 its territorial possessions1 its embassies1 its consulates1 or its ,armed ,forces abroad4 7#b7 ,limited acts of reprisal against terrorists or states that sponsor terrorism4 7#c7 ,humanitarian missions in response to natural disasters4 7#d7 ,investigations or acts to prevent criminal activity abroad4 7#e7 ,covert operations4 7#f7 ,training exercises4 7#g7 ,missions to protect or rescue ,united ,states citizens or military or diplomatic personnel abroad4 #d4 ,repeal of ,war ,powers ,resolution ,the ,war ,powers ,resolution 7#ej ,u4,s4,c4 #aeda et seq47 is hereby repealed4 #e4 ,joint ,congressional ,consultation ,committee 7a7 ,establishment ,there is established the ,joint ,congressional ,consultation ,committee4 7b7 ,membership 7#a7 ,composition ,the ,commission shall be composed of the following members3 7,a7 ,the majority leader of the ,senate and the ,speaker of the ,house of ,representatives4 7,b7 ,the minority leaders of the ,senate and the ,house of ,representatives4 7,c7 ,the chairman and ranking member of each of the following committees of the ,senate3 7i7 ,the ,committee on ,foreign ,relations4 7ii7 ,the ,committee on ,armed ,services4 7iii7 ,the ,select ,committee on ,intelligence4 7iv7 ,the ,committee on ,appropriations4 7,d7 ,the chairman and ranking member of each of the following committees of the ,house of ,representatives3 7i7 ,the ,committee on ,foreign ,affairs4 7ii7 ,the ,committee on ,armed ,services4 7iii7 ,the ,permanent ,select ,committee on ,intelligence4 7iv7 ,the ,committee on ,appropriations4 7c7 ,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 ,representatives1 with the former serving as the chairman in each odd-numbered ,congress and the latter serving as the chairman in each even-numbered ,congress4 7d7 ,staff of joint committee ,the chairman and vice chairman of the ,joint ,congressional ,consultation ,committee may jointly appoint and fix the compensation of a permanent1 bipartisan staff as they deem necessary1 within the guidelines for employees of the ,senate and following all applicable rules and employment requirements of the ,senate4 ,the staff shall have access to all relevant national security and intelligence information considered by the ,committee4 #f4 ,consultation and reporting 7a7 ,regular consultation ,the ,president shall consult regularly with the ,joint ,congressional ,consultation ,committee regarding significant matters of foreign policy and national security4 7b7 ,consultation and reporting required prior to engagement in significant armed conflicts 7#a7 ,in general ,before ordering the deployment of members of the ,armed ,forces into a significant armed conflict1 the ,president shall-- 7,a7 consult with the ,joint ,congressional ,consultation ,committee1 including providing sufficient time for the exchange of views regarding whether to engage in the significant armed conflict2 and 7,b7 submit in writing to the ,joint ,congressional ,consultation ,committee a classified report setting forth the circumstances necessitating the significant armed conflict1 the objectives1 and the estimated scope and duration of the conflict4 7#b7 ,exception ,if the ,president determines that the need for secrecy or other emergency circumstances preclude carrying out the consultation required under subparagraph 7,a7 of paragraph 7#a7 or submitting the report required under subparagraph 7,b7 of such paragraph before significant armed conflict is ordered or begins1 the ,president shall carry out such consultation or submit such report not later than three calendar days after the beginning of the significant armed conflict4 7c7 ,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 conflict4 7d7 ,annual report ,not later than ,april #ae of each year1 the ,president shall submit to the ,joint ,congressional ,consultation ,committee a classified written report describing1 for the previous calendar year-- 7#a7 all significant armed conflicts in which the ,united ,states was engaged2 and 7#b7 all other operations1 as described in section #c7;b71 other than covert operations1 in which the ,united ,states was engaged4 #g4 ,congressional approval or disapproval 7a7 ,joint resolution of approval 7#a7 ,requirement ,not later than #cj 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 force1 the chair and vice chair of the ,joint ,congressional ,consultative ,committee shall introduce a joint resolution of approval4 7#b7 ,contents of resolution ,for purposes of this subsection1 the term joint resolution of approval means a joint resolution the sole matter after the resolving clause of which is as follows3 ,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 #f7;b7 of the ,war ,powers ,consultation ,act of #bjad on 41 with the blank space being filled with the appropriate date4 7#c7 ,referral to committee ,a joint resolution of approval introduced in the ,senate shall be referred to the ,committee on ,foreign ,relations of the ,senate4 ,a joint resolution of approval introduced in the ,house of ,representatives shall be referred to the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#d7 ,discharge of committee ,if the committee to which is referred a joint resolution of approval has not reported such resolution 7or an identical resolution7 at the end of #g calendar days after its introduction1 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 involved4 7#e7 ,floor consideration 7,a7 ,in general ,when the committee to which a resolution is referred has reported1 or has been deemed to be discharged 7under paragraph 7#d77 from further consideration of1 a joint resolution of approval1 it is at any time thereafter in order 7even though a previous motion to the same effect has been disagreed to7 for any ,member of the respective ,house to move to proceed to the consideration of the resolution1 and all points of order against the resolution 7and against consideration of the resolution7 are waived4 ,the motion is highly privileged in the ,house of ,representatives and is privileged in the ,senate and is not debatable4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the resolution is agreed to1 the resolution shall remain the unfinished business of the respective ,house until disposed of4 7,b7 ,debate ,debate on the resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between those favoring and those opposing the resolution4 ,a motion further to limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the resolution is not in order4 ,a motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order4 7,c7 ,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 ,house1 the vote on final passage of the resolution shall occur4 7,d7 ,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 ,representatives1 as the case may be1 to the procedure relating to a joint resolution of approval shall be decided without debate4 7#f7 ,coordination with action by other house ,if1 before the passage by one ,house of a joint resolution of approval of that ,house1 that ,house receives from the other ,house a joint resolution of approval1 then the following procedures shall apply3 7,a7 ,the resolution of the other ,house shall not be referred to a committee4 7,b7 ,with respect to the joint resolution of approval of the ,house receiving the resolution-- 7i7 the procedure in that ,house shall be the same as if no resolution had been received from the other ,house2 but 7ii7 the vote on final passage shall be on the resolution of the other ,house4 7#g7 ,rules of ,house of ,representatives and ,senate ,this subsection is enacted by ,congress-- 7,a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution of approval1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7,b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner and to the same extent as in the case of any other rule of that ,house4 7b7 ,joint resolution of disapproval 7#a7 ,contents of resolution ,for purposes of this subsection1 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 7a71 the sole matter after the resolving clause of which is as follows3 ,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 #f7;b7 of the ,war ,powers ,consultation ,act of #bjad on 41 with the blank space being filled with the appropriate date4 7#b7 ,floor consideration 7,a7 ,in general ,after a joint resolution of disapproval has been introduced under this subsection1 it is at any time thereafter in order 7even though a previous motion to the same effect has been disagreed to7 for any ,member of the respective ,house to move to proceed to the consideration of the resolution1 and all points of order against the resolution 7and against consideration of the resolution7 are waived4 ,the motion is highly privileged in the ,house of ,representatives and is privileged in the ,senate and is not debatable4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the resolution is agreed to1 the resolution shall remain the unfinished business of the respective ,house until disposed of4 7,b7 ,debate ,debate on the resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between those favoring and those opposing the resolution4 ,a motion further to limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the resolution is not in order4 ,a motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order4 7,c7 ,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 ,house1 the vote on final passage of the resolution shall occur4 7,d7 ,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 ,representatives1 as the case may be1 to the procedure relating to a joint resolution of disapproval shall be decided without debate4 7#c7 ,coordination with action by other house ,if1 before the passage by one ,house of a joint resolution of disapproval of that ,house1 that ,house receives from the other ,house a joint resolution of disapproval1 then the following procedures shall apply3 7,a7 ,the resolution of the other ,house shall not be referred to a committee4 7,b7 ,with respect to the joint resolution of disapproval of the ,house receiving the resolution-- 7i7 the procedure in that ,house shall be the same as if no resolution had been received from the other ,house2 but 7ii7 the vote on final passage shall be on the resolution of the other ,house4 7#d7 ,rules of ,house of ,representatives and ,senate ,this subsection is enacted by ,congress-- 7,a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution of disapproval1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7,b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner and to the same extent as in the case of any other rule of that ,house4 7c7 ,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 approving1 disapproving1 expanding1 narrowing1 or ending a significant armed conflict4 #h4 ,treaties ,nothing in this ,act shall be construed as modifying any obligations of the ,united ,states under any treaty or international agreement4 #i4 ,severability ,if any provision of this ,act1 or the application of a provision to any person or circumstance1 is held to be unconstitutional1 the remainder of the ,act1 and the application of the provisions to any person or circumstance1 shall not be affected by the holding4