War Powers Reform Amendments Resolution of 1989

War Powers Reform Amendments Resolution of 1989 - Amends the War Powers Resolution to remove the requirement that the President consult regularly with the Congress during the involvement in hostilities of U.S. armed forces.

Revises reporting requirements for the President for the introduction of such forces in the absence of a declaration of war. Removes the requirement of a semiannual report on the status of hostilities.

Requires the Speaker of the House of Representatives and the President pro tempore of the Senate, if petitioned by at least 50 percent (currently, 30 percent) of the membership of their respective Houses, to request the President to convene the Congress in order to consider any presidential report on U.S. armed forces involved in hostilities. Repeals a provision requiring the withdrawal of such forces after a certain period of time. Provides for the removal of such forces, in the absence of a declaration of war, if the Congress so directs by joint (currently, concurrent) resolution. Makes a joint resolution subject to priority procedures only if it is sponsored by at least 50 percent of the membership of the House in which it was introduced. Repeals current priority procedures for joint resolutions or bills and makes priority procedures applicable to concurrent resolutions applicable only to joint resolutions.

Repeals specified provisions concerning the interpretation of the War Powers Resolution.

 
B37 4-11-89 [OC's]
HJ 234 IH
101st CONGRESS
1st Session
H. J. RES. 234
To reform the War Powers Resolution by facilitating the effective discharge
by the executive and legislative branches of their respective functions and
responsibilities during time of armed conflict.
IN THE HOUSE OF REPRESENTATIVES
April 10, 1989
Mr. SOLOMON (for himself and Mr. HYDE) introduced the following joint
resolution; which was referred jointly to the Committees on Foreign Affairs
and Rules
JOINT RESOLUTION
To reform the War Powers Resolution by facilitating the effective discharge
by the executive and legislative branches of their respective functions and
responsibilities during time of armed conflict.
  Resolved by the Senate and House of Representatives of the United States
  of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Resolution may be cited as the `War Powers Reform Amendments Resolution
  of 1989'.
SEC. 2. PURPOSE AND POLICY.
  (a) PURPOSES- Section 2(a) of the War Powers Resolution is amended to read
  as follows:
  `(a) The purposes of this joint resolution are as follows:
  `(1) To facilitate the execution of a consistent policy toward foreign
  nations, particularly in situations where the United States Armed Forces
  become or may become involved in hostilities. This consistency is essential
  to the achievement of important national objectives. Experience has shown
  that coherence in policy and purpose is necessary if the United States is
  to maintain the confidence of its allies and friendly nations and to be
  respected by its actual and potential adversaries.
  `(2) To fulfill the intent of the Framers of the Constitution that the
  branches of the Federal Government be separate, independent, and co-equal
  in the discharge of their respective functions and responsibilities.'.
  (b) ROLE OF PRESIDENT- Section 2 of the War Powers Resolution is amended
  by striking out subsection (c), redesignating subsection (b) as subsection
  (c), and inserting after subsection (a) the following new subsection:
  `(b) Under article 2, section 2, of the Constitution, it is provided that
  the President shall be the Commander-in-Chief of the United States Armed
  Forces. In addition, the Supreme Court has interpreted the Constitution
  as designating the President as `the sole organ of the Federal Government
  in the field of international relations.'.
SEC. 3. CONSULTATION.
  Section 3 of the War Powers Resolution is amended--
  (1) by striking out `The President in every possible instance' and inserting
  in lieu thereof `To the extent possible, the President'; and
  (2) by striking out `, and after every' and all that follows through
  `such situations'.
SEC. 4. REPORTING.
  (a) REPORT- Section 4(a) of the War Powers Resolution is amended to read
  as follows:
  `(a) In the absence of a declaration of war, in those cases in which
  United States Armed Forces are introduced into hostilities or into
  situations where imminent involvement in hostilities is clearly indicated
  by the circumstances, the President shall submit, within 48 hours after
  introduction, to the Speaker of the House of Representatives and to the
  President pro tempore of the Senate a written report setting forth the
  circumstances necessitating the introduction of United States Armed Forces.'.
  (b) Periodic Reports-
  (1) OTHER INFORMATION- Section 4 of the War Powers Resolution is amended by
  striking out subsection (b) and redesignating subsection (c) as subsection
  (b).
  (2) REPORT- Section 4(b), as redesignated, is amended by striking out
  `as well as on' and all that follows through `months'.
SEC. 5. CONGRESSIONAL ACTION.
  (a) IN GENERAL- Section 5(a) of the War Powers Resolution is amended--
  (1) in the first sentence by striking out `4(a)(1)' and inserting in lieu
  thereof `4(a)'; and
  (2) in the third sentence by striking out `30' and inserting in lieu thereof
  `50'.
  (b) Withdrawal of Forces-
  (1) REQUIREMENT OF WITHDRAWAL- Section 5 of the War Powers Resolution is
  amended by striking out subsection (b) and redesignating subsection (c)
  as subsection (b).
  (2) WITHDRAWAL- Section 5(b), as redesignated, is amended--
  (A) by striking out `Notwithstanding subsection (b), at' and inserting in
  lieu thereof `At';
  (B) by inserting `as soon as practicable' after `President'; and
  (C) by striking out `concurrent' and inserting in lieu thereof `joint'.
  (c) SPONSORSHIP REQUIREMENT- Add the following after section 5(b) of the
  War Powers Resolution as redesignated:
  `(c) A joint resolution introduced pursuant to subsection (b) shall be
  subject to the priority procedures in section 6 only if such resolution
  is sponsored at the time of introduction by at least 50 percent of the
  Members of the House of the Congress in which it was introduced.'.
SEC. 6. CONFORMING AMENDMENTS.
  The War Powers Resolution is amended by striking out section 6 and
  redesignating sections 7, 8, 9, and 10 as sections 6, 7, 8, and 9
  respectively.
SEC. 7. CONGRESSIONAL PRIORITY PROCEDURES FOR CONSIDERING JOINT RESOLUTION.
  Section 6 of the War Powers Resolution, as redesignated, is amended--
  (1) in the section heading by striking out `CONCURRENT' and inserting in
  lieu thereof `CONSIDERATION OF JOINT';
  (2) in subsection (a)--
  (A) by striking out `Any concurrent' and inserting in lieu thereof `A joint';
  (B) by striking out `5(c)' and inserting in lieu thereof `5(b)';
  (C) by striking out `concurrent' and inserting in lieu thereof `joint'; and
  (D) by inserting `if such joint resolution meets the requirements of
  section 5(c),' after `days,';
  (3) in subsection (b) by striking out `Any concurrent' and inserting in
  lieu thereof `A joint'; and
  (4) in subsections (c) and (d) by striking out `concurrent' each place it
  appears and inserting in lieu thereof `joint'.
SEC. 8. INTERPRETATION OF WAR POWERS RESOLUTION.
  (a) CONFORMING AMENDMENTS- Section 7 of the War Powers Resolution, as
  redesignated, is amended by striking out subsections (a) and (b) and
  redesignating subsections (c) and (d) of section 7 as sections (a) and
  (b) respectively.
  (b) INTENT OF RESOLUTION- Section 7(b) of the War Powers Resolution,
  as redesignated, is amended to read as follows:
  `(b) Nothing in this joint resolution is intended to alter the constitutional
  authority of the Congress or of the President, or the provisions of
  existing treaties.'.
  (c) DEFINITIONS- Section 7 of the War Powers Resolution, as redesignated,
  is amended by adding at the end of that section the following subsection:
  `(c) For the purposes of this joint resolution, the term `hostilities'--
  `(1) means armed conflicts involving military or paramilitary forces
  which, at the time of the introduction of United States Armed Forces,
  can be expected to last for a period of more than a few days and in which
  the United States Armed Forces may be subject to an armed attack or may
  be required to take actions to forestall the threat of armed attack; but
  `(2) does not mean armed conflicts of a short duration in which United
  States Armed Forces have a limited and defensive objective, such as the
  evacuation or protection of United States citizens in situations where
  they are subject to a direct or imminent threat to their safety.'.
SEC. 9. EFFECTIVE DATE.
  This joint resolution shall take effect on date of its enactment.