On the recordMarch 9, 2020
on January 28, 2020, I submitted a statement for the Record on H. Con. Res. 83, which directs the President to terminate the use of U.S. Armed Forces to engage in hostilities against Iran. H. Con. Res. 83 was passed by the House of Representatives on January 9, 2020, and received in the Senate and referred to the Committee on Foreign Relations on January 13, 2020. Pursuant to 50 U.S.C. 1546(c), H. Con. Res. 83 should have been treated as a privileged resolution and reported out of the committee on January 28. The Senate Foreign Relations Committee majority leadership opted not to hold a committee debate or vote on H. Con. Res. 83. As I explained in my statement of January 28, I understand that this decision was based primarily on the view that a concurrent resolution, under the War Powers Resolution, may be privileged only if it uses the word ``remove'' or the phrase ``removal of United States Armed Forces engaged in hostilities,'' rather than ``terminate'' or ``terminate the use of United States Armed Forces to engage in hostilities,'' as used in H. Con. Res. 83. As I will explain, however, this view is not consistent with Senate precedent. On February 13, 2020, the Senate passed S.J. Res. 68. This resolution contains identical operative language to H. Con. Res. 83, directing the President to ``terminate'' the use of U.S. Armed Forces for hostilities against Iran. The very fact that S.J. Res.…
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