S. 1939Senate113th Congress (2013-2015)In Committee

War Powers Consultation Act of 2014

Sponsored by Tim KaineSen. Tim Kaine (D-VA)
Introduced January 16, 2014

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Foreign Relations.

January 16, 2014

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SenateIntro Referral

Introduced in Senate

January 16, 2014

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S442-443)

January 16, 2014

SenateIntro Referral

Read twice and referred to the Committee on Foreign Relations.

January 16, 2014

Floor Debate

21 members

What members said about S. 1939 on the floor

10 Republicans10 Democrats1 Independent
Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Jan 16, 2014

Mr. President, I come to the floor today as the chairperson of the Appropriations Committee--a committee I am honored to chair--to support the Consolidated Appropriations Act for fiscal year 2014.…

John McCain
Sen. John McCainR-AZ · Jan 16, 2014

Mr. President, I ask unanimous consent to engage in a colloquy with my colleagues, Senator Graham, Senator Ayotte, and Senator Roberts. Mr. President, I bring to the attention of my colleagues the…

Bernard Sanders
Sen. Bernard SandersI-VT · Jan 16, 2014

Mr. President, today as the chairman of the committee I have introduced the most comprehensive piece of veterans legislation that we have seen in a very long time. The Comprehensive Veterans Health…

John Cornyn
Sen. John CornynR-TX · Jan 16, 2014

Madam President, 4\1/2\ years ago the United States went through a terrible recession, what we now know as the great recession. But since that time we have had the slowest economic recovery since the…

Ted Cruz
Sen. Ted CruzR-TX · Jan 16, 2014

I ask unanimous consent that the order for the quorum call be rescinded. I rise to speak of pragmatism and irresponsibility. Four years ago, when this body was debating the law known as ObamaCare,…

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Lindsey Graham
Sen. Lindsey GrahamR-SC · Jan 16, 2014

I thank my colleague for the question. I finally got to interview a survivor about a month or so ago with Senators Menendez and Corker. I have only been able to interview one witness after all of…

Jeff Sessions
Sen. Jeff SessionsR-AL · Jan 16, 2014

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. My late colleague Senator Byrd liked to say there have been two great Senates in the history of the world:…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Jan 16, 2014

Madam President, I am pleased to come to the floor today to follow-up on the very eloquent remarks by the Senator from New Hampshire and the ranking member and chairwoman. I am here today to offer a…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 16, 2014

Madam President, I rise today together with Senate Armed Services Chairman Levin and Senator McCain to clarify the intent of section 8102 of the Department of Defense Appropriations Act contained in…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Jan 16, 2014

Madam President, I rise today to again express my great disappointment about a matter of importance to Wyoming and many other public land States that have not been properly addressed by this omnibus…

Tom Coburn
Sen. Tom CoburnR-OK · Jan 16, 2014

Mr. President, I want to address my remarks, first, to the chairman and the ranking member of the Appropriations Committee. I think you have done a lot of hard work. You have done something that even…

Tim Kaine
Sen. Tim KaineD-VA · Jan 16, 2014

Mr. President, I thank my colleague from Arizona for pointing out to all in the Chamber my tardiness, and I should not have been tardy because I do not like to follow the Senator from Arizona. I…

Tim Kaine
Sen. Tim KaineD-VA · Jan 16, 2014

Mr. President, I thank my colleague from Arizona for pointing out to all in the Chamber my tardiness, and I should not have been tardy because I do not like to follow the Senator from Arizona. I…

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Tom Udall
Sen. Tom UdallD-NM · Jan 16, 2014

Mr. President, let me first thank Senator Shelby and Senator Mikulski for their very hard work on this Omnibus appropriations bill. That is what I am down here to speak on. The American people sent…

Tom Harkin
Sen. Tom HarkinD-IA · Jan 16, 2014

Madam President, I come to the floor to speak in favor of the Omnibus appropriations bill we now have before us. First and foremost, it is noteworthy that this is a bill, not a continuing resolution.…

John McCain
Sen. John McCainR-AZ · Jan 16, 2014

Mr. President, I am pleased today to join my colleague, the junior Senator from Virginia, as we introduce the War Powers Consultation Act of 2014. This legislation is the final product of the…

John McCain
Sen. John McCainR-AZ · Jan 16, 2014

Mr. President, I am pleased today to join my colleague, the junior Senator from Virginia, as we introduce the War Powers Consultation Act of 2014. This legislation is the final product of the…

Mark Udall
Sen. Mark UdallD-CO · Jan 16, 2014

I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, as have so many of my colleagues, I rise to speak to this important Omnibus appropriations bill that we have…

Richard C. Shelby
Sen. Richard C. ShelbyR-AL · Jan 16, 2014

Mr. President, I will join my friend and long-time colleague, the senior Senator from Maryland and chair of the Senate Appropriations Committee Senator Barbara Mikulski, who has just spoken, in…

Pat Roberts
Sen. Pat RobertsR-KS · Jan 16, 2014

Earlier today Senator Graham and Senator McCain spoke to this issue. I could not speak at that time as I had a conflict, but my remarks are pertinent to the issue they spoke about. It has been an…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jan 16, 2014

Madam President, I first want to congratulate Chairwoman Mikulski and Vice Chairman Shelby for their leadership in bringing these appropriations bills to the floor for final consideration. While I…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Jan 16, 2014

Madam President, I thank the esteemed chair of the Appropriations Committee for her kind words, and especially for all of the work she has done to get us to this point where we have an appropriations…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jan 16, 2014

Madam President, I appreciate the comments from my two dear friends, the Senator from Iowa and the Senator from Alabama. They have been friends of mine for decades, and we have traveled and conspired…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · Jan 16, 2014

Mr. President, I am pleased to follow my colleague from Arkansas and join him in applauding the chairwoman of the Appropriations Committee Senator Mikulski for her extraordinary and historic work on…

Bill Text

Latest available legislative text

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Introduced in SenateIssued January 16, 2014

II

113th CONGRESS

2d Session

S. 1939

IN THE SENATE OF THE UNITED STATES

January 16, 2014

Mr. Kaine (for himself, Mr. McCain, and Mr. King) introduced the following bill; 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 consultation, and for other purposes.

1.

Short title

This Act may be cited as the War Powers Consultation Act of 2014.

2.

Findings; purpose

(a)

Findings

Congress makes the following findings:

(1)

The War Powers Resolution (50 U.S.C. 1541 et seq.) has not worked as intended, and has added to the divisiveness and uncertainty that exists regarding the war powers of the President and Congress.

(2)

The American people want both the President and Congress involved in the decisionmaking process when United States Armed Forces are committed to significant armed conflict, 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 decision.

(3)

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 courts, for the most part, have declined jurisdiction on the grounds that the issues involved are political questions or that the plaintiffs lack standing.

(4)

It harms the country to have the War Powers Resolution, the centerpiece statute in this vital area of United States law, regularly and openly questioned or ignored.

(5)

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 conflict, without prejudice to the rights of either branch to assert its constitutional war powers or to challenge the constitutional war powers of the other branch.

(b)

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 conflict. This Act is not meant to define, circumscribe, or enhance the constitutional war powers of either the executive or legislative branch of government, 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 branch.

3.

Significant armed conflict defined

(a)

In general

In this Act, except as provided under paragraph (2), the term significant armed conflict means any conflict expressly authorized by Congress, 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 week.

(b)

Exceptions

The term significant armed conflict does not include any commitment of members of the Armed Forces for the following purposes:

(1)

Actions taken by the President to repel attacks, or to prevent imminent attacks, on the United States, its territorial possessions, its embassies, its consulates, or its Armed Forces abroad.

(2)

Limited acts of reprisal against terrorists or states that sponsor terrorism.

(3)

Humanitarian missions in response to natural disasters.

(4)

Investigations or acts to prevent criminal activity abroad.

(5)

Covert operations.

(6)

Training exercises.

(7)

Missions to protect or rescue United States citizens or military or diplomatic personnel abroad.

4.

Repeal of War Powers Resolution

The War Powers Resolution (50 U.S.C. 1541 et seq.) is hereby repealed.

5.

Joint Congressional Consultation Committee

(a)

Establishment

There is established the Joint Congressional Consultation Committee.

(b)

Membership

(1)

Composition

The Commission shall be composed of the following members:

(A)

The majority leader of the Senate and the Speaker of the House of Representatives.

(B)

The minority leaders of the Senate and the House of Representatives.

(C)

The chairman and ranking member of each of the following committees of the Senate:

(i)

The Committee on Foreign Relations.

(ii)

The Committee on Armed Services.

(iii)

The Select Committee on Intelligence.

(iv)

The Committee on Appropriations.

(D)

The chairman and ranking member of each of the following committees of the House of Representatives:

(i)

The Committee on Foreign Affairs.

(ii)

The Committee on Armed Services.

(iii)

The Permanent Select Committee on Intelligence.

(iv)

The Committee on Appropriations.

(c)

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 Representatives, with the former serving as the chairman in each odd-numbered Congress and the latter serving as the chairman in each even-numbered Congress.

(d)

Staff of joint committee

The chairman and vice chairman of the Joint Congressional Consultation Committee may jointly appoint and fix the compensation of a permanent, bipartisan staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate. The staff shall have access to all relevant national security and intelligence information considered by the Committee.

6.

Consultation and reporting

(a)

Regular consultation

The President shall consult regularly with the Joint Congressional Consultation Committee regarding significant matters of foreign policy and national security.

(b)

Consultation and reporting required prior to engagement in significant armed conflicts

(1)

In general

Before ordering the deployment of members of the Armed Forces into a significant armed conflict, the President shall—

(A)

consult with the Joint Congressional Consultation Committee, including providing sufficient time for the exchange of views regarding whether to engage in the significant armed conflict; and

(B)

submit in writing to the Joint Congressional Consultation Committee a classified report setting forth the circumstances necessitating the significant armed conflict, the objectives, and the estimated scope and duration of the conflict.

(2)

Exception

If the President determines that the need for secrecy or other emergency circumstances preclude carrying out the consultation required under subparagraph (A) of paragraph (1) or submitting the report required under subparagraph (B) of such paragraph before significant armed conflict is ordered or begins, the President shall carry out such consultation or submit such report not later than three calendar days after the beginning of the significant armed conflict.

(c)

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 conflict.

(d)

Annual report

Not later than April 15 of each year, the President shall submit to the Joint Congressional Consultation Committee a classified written report describing, for the previous calendar year—

(1)

all significant armed conflicts in which the United States was engaged; and

(2)

all other operations, as described in section 3(b), other than covert operations, in which the United States was engaged.

7.

Congressional approval or disapproval

(a)

Joint resolution of approval

(1)

Requirement

Not later than 30 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 force, the chair and vice chair of the Joint Congressional Consultative Committee shall introduce a joint resolution of approval.

(2)

Contents of resolution

For purposes of this subsection, the term joint resolution of approval means a joint resolution the sole matter after the resolving clause of which is as follows: 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 6(b) of the War Powers Consultation Act of 2014 on ___., with the blank space being filled with the appropriate date.

(3)

Referral to committee

A joint resolution of approval introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives.

(4)

Discharge of committee

If the committee to which is referred a joint resolution of approval has not reported such resolution (or an identical resolution) at the end of 7 calendar days after its introduction, 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 involved.

(5)

Floor consideration

(A)

In general

When the committee to which a resolution is referred has reported, or has been deemed to be discharged (under paragraph (4)) from further consideration of, a joint resolution of approval, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of.

(B)

Debate

Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.

(C)

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 House, the vote on final passage of the resolution shall occur.

(D)

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 Representatives, as the case may be, to the procedure relating to a joint resolution of approval shall be decided without debate.

(6)

Coordination with action by other house

If, before the passage by one House of a joint resolution of approval of that House, that House receives from the other House a joint resolution of approval, then the following procedures shall apply:

(A)

The resolution of the other House shall not be referred to a committee.

(B)

With respect to the joint resolution of approval of the House receiving the resolution—

(i)

the procedure in that House shall be the same as if no resolution had been received from the other House; but

(ii)

the vote on final passage shall be on the resolution of the other House.

(7)

Rules of House of Representatives and Senate

This subsection is enacted by Congress—

(A)

as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of approval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and

(B)

with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

(b)

Joint resolution of disapproval

(1)

Contents of resolution

For purposes of this subsection, 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 (a), the sole matter after the resolving clause of which is as follows: 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 6(b) of the War Powers Consultation Act of 2014 on ___., with the blank space being filled with the appropriate date.

(2)

Floor consideration

(A)

In general

After a joint resolution of disapproval has been introduced under this subsection, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of.

(B)

Debate

Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.

(C)

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 House, the vote on final passage of the resolution shall occur.

(D)

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 Representatives, as the case may be, to the procedure relating to a joint resolution of disapproval shall be decided without debate.

(3)

Coordination with action by other house

If, before the passage by one House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval, then the following procedures shall apply:

(A)

The resolution of the other House shall not be referred to a committee.

(B)

With respect to the joint resolution of disapproval of the House receiving the resolution—

(i)

the procedure in that House shall be the same as if no resolution had been received from the other House; but

(ii)

the vote on final passage shall be on the resolution of the other House.

(4)

Rules of House of Representatives and Senate

This subsection is enacted by Congress—

(A)

as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and

(B)

with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

(c)

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 approving, disapproving, expanding, narrowing, or ending a significant armed conflict.

8.

Treaties

Nothing in this Act shall be construed as modifying any obligations of the United States under any treaty or international agreement.

9.

Severability

If any provision of this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of the Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.