Use of Force Act

.

    The War Powers Resolution (50 U.S.C. 1541 et seq.; Public Law 93-
148), relating to the exercise of war powers by the President under the 
Constitution, is hereby repealed.

                     TITLE II--EXPEDITED PROCEDURES

SEC. 201. CONGRESSIONAL PRIORITY PROCEDURES.

    (a) Definitions.--For purposes of this section--
            (1) the term ``resolution'' means any resolution described 
        in subsection (a) or (b) of section 105; and
            (2) the term ``session days'' means days on which the 
        respective House of Congress is in session.
    (b) Referral of Resolutions.--A resolution introduced in the House 
of Representatives shall be referred to the Committee on International 
Relations of the House of Representatives. A resolution introduced in 
the Senate shall be referred to the Committee on Foreign Relations of 
the Senate.
    (c) Discharge of Committee.--(1) If the committee to which is 
referred a resolution has not reported such a resolution (or an 
identical resolution) at the end of 7 calendar days after its 
introduction, such committee shall be discharged from further 
consideration of such resolution, and such resolution shall be placed 
on the appropriate calendar of the House of Congress involved.
    (2) After a committee reports or is discharged from a resolution, 
no other resolution with respect to the same use of force may be 
reported by or be discharged from such committee while the first 
resolution is before the respective House of Congress (including 
remaining on the calendar), a committee of conference, or the 
President. This paragraph may not be construed to prohibit concurrent 
consideration of a joint resolution described in section 105(a) and a 
concurrent resolution described in section 105(b).
    (d) Consideration of Resolutions.--(1)(A) Whenever the committee to 
which a resolution is referred has reported, or has been discharged 
under subsection (c) from further consideration of such resolution, 
notwithstanding any rule or precedent of the Senate, including Rule 22, 
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 of Congress to move to proceed to the consideration of the 
resolution and, except as provided in subparagraph (B) of this 
paragraph or paragraph (2) of this subsection (insofar as it relates to 
germaneness and relevancy of amendments), all points of order against 
the resolution and 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 a motion to postpone. A motion to reconsider the vote by 
which the motion is agreed to or disagreed to shall be in order, except 
that such motion may not be entered for future disposition. 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 
of Congress, to the exclusion of all other business, until disposed of, 
except as otherwise provided in subsection (e)(1).
    (B) Whenever a point of order is raised in the Senate against the 
privileged status of a resolution that has been laid before the Senate 
and been initially identified as privileged for consideration under 
this section upon its introduction pursuant to section 105, such point 
of order shall be submitted directly to the Senate. The point of 
order, ``The resolution is not privileged under the Use of Force Act'', 
shall be decided by the yeas and the nays after four hours of debate, 
equally divided between, and controlled by, the Member raising the 
point of order and the manager of the resolution, except that in the 
event the manager is in favor of such point of order, the time in 
opposition thereto shall be controlled by the Minority Leader or his 
designee. Such point of order shall not be considered to establish 
precedent for determination of future cases.
    (2)(A)(i) Consideration in a House of Congress of the resolution, 
and all amendments and debatable motions in connection therewith, shall 
be limited to not more than 12 hours, which, except as otherwise 
provided in this section, shall be equally divided between, and 
controlled by, the Majority Leader and the Minority Leader, or by their 
designees.
    (ii) The Majority Leader or the Minority Leader or their designees 
may, from the time under their control on the resolution, allot 
additional time to any Senator during the consideration of any 
amendment, debatable motion, or appeal.
    (B) Only amendments which are germane and relevant to the 
resolution are in order. Debate on any amendment to the resolution 
shall be limited to 2 hours, except that debate on any amendment to an 
amendment shall be limited to 1 hour. The time of debate for each 
amendment shall be equally divided between, and controlled by, the 
mover of the amendment and the manager of the resolution, except that 
in the event the manager is in favor of any such amendment, the time in 
opposition thereto shall be controlled by the Minority Leader or his 
designee.
    (C) One amendment by the Minority Leader is in order to be offered 
under a one-hour time limitation immediately following the expiration 
of the 12-hour time limitation if the Minority Leader has had no 
opportunity to offer an amendment to the resolution thereto. One 
amendment may be offered to the amendment by the Minority Leader under 
the preceding sentence, and debate shall be limited on such amendment 
to one-half hour which shall be equally divided between, and controlled 
by, the mover of the amendment and the manager of the resolution, 
except that in the event the manager is in favor of any such amendment, 
the time in opposition thereto shall be controlled by the Minority 
Leader or his designee.
    (D) A motion to postpone 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 in order, except that such motion may 
not be entered for future disposition, and debate on such motion shall 
be limited to 1 hour.
    (3) Whenever all the time for debate on a resolution has been used 
or yielded back, no further amendments may be proposed, except as 
provided in paragraph (2)(C), and the vote on the adoption of the 
resolution shall occur without any intervening motion or amendment, 
except that a single quorum call at the conclusion of the debate if 
requested in accordance with the rules of the appropriate House of 
Congress may occur immediately before such vote.
    (4) 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 resolution shall be 
limited to one-half hour of debate, equally divided between, and 
controlled by, the Member making the appeal and the manager of the 
resolution, except that in the event the manager is in favor of any 
such appeal, the time in opposition thereto shall be controlled by the 
Minority Leader or his designee.
    (e) Treatment of Other House's Resolution.--(1) Except as provided 
in paragraph (2), if, before the passage by one House of a resolution 
of that House, that House receives from the other House a resolution, 
then the following procedures shall apply:
            (A) The resolution of the sending House shall not be 
        referred to a committee in the receiving House.
            (B) With respect to a resolution of the House receiving the 
        resolution, the procedure in that House shall be the same as if 
        no resolution had been received from the sending House, except 
        that the resolution of the sending House shall be considered to 
        have been read for the third time.
            (C) If the resolutions of the sending and receiving Houses 
        are identical, the vote on final passage shall be on the 
        resolution of the sending House.
            (D) If such resolutions are not identical--
                    (i) the vote on final passage shall be on the 
                resolution of the sending House, with the text of the 
                resolution of the receiving House inserted in lieu of 
                the text of the resolution of the sending House;
                    (ii) such vote on final passage shall occur without 
                debate or any intervening action; and
                    (iii) the resolution shall be returned to the 
                sending House for proceedings under subsection (g).
            (E) Upon disposition of the resolution received from the 
        other House, it shall no longer be in order to consider the 
        resolution originated in the receiving House.
    (2) If one House receives from the other House a resolution before 
any such resolution is introduced in the first House, then the 
resolution received shall be referred, in the case of the House of 
Representatives, to the Committee on International Relations and, in 
the case of the Senate, to the Committee on Foreign Relations, and the 
procedures in that House with respect to that resolution shall be the 
same under this section as if the resolution received had been 
introduced in that House.
    (f) Treatment of Identical Resolutions.--If one House receives from 
the other House a resolution after the first House has disposed of an 
identical resolution, it shall be in order to proceed by nondebatable 
motion to consideration of the resolution received by the first House, 
and that received resolution shall be disposed of without debate and 
without amendment.
    (g) Procedures Applicable to Amendments Between the Houses of 
Congress.--The following procedures shall apply to dispose of 
amendments between the Houses of Congress:
            (1) Upon receipt by a House of Congress of a message from 
        the other House with respect to a resolution, it is in order 
        for any Member of the House receiving the message to move to 
        proceed to the consideration of the respective resolution. Such 
        motion shall be disposed of in the same manner as a motion 
        under subsection (d)(1)(A). Such a motion is not in order after 
        conferees have been appointed.
            (2)(A) The time for debate in a House of Congress on any 
        motion required for the disposition of an amendment by the 
        other House to the resolution shall not exceed 2 hours, equally 
        divided between, and controlled by, the mover of the motion and 
        manager of the resolution at each stage of the proceedings 
        between the two Houses, except that in the event the manager is 
        in favor of any such motion, the time in opposition thereto 
        shall be controlled by the Minority Leader or his designee.
            (B) The time for debate for each amendment to a motion 
        shall be limited to one-half hour.
            (C) Only motions proposing amendments which are germane and 
        relevant are in order.
    (h) Procedures Applicable to Conference Reports and Presidential 
Action.--(1) Either House of Congress may disagree to an amendment or 
amendments made by the other House to a resolution or may insist upon 
its amendment or amendments to a resolution, and request a conference 
with the other House at anytime. In the case of any disagreement 
between the two Houses of Congress with respect to an amendment or 
amendments to a resolution which is not resolved within 2 session days 
after a House of Congress first amends the resolution originated by the 
other House, each House shall be deemed to have requested and accepted 
a conference with the other House. Upon the request or acceptance of a 
conference, in the case of the Senate, the President pro tempore shall 
appoint conferees and, in the case of the House of Representatives, the 
Speaker of the House shall appoint conferees.
    (2) In the event the conferees are unable to agree within 72 hours 
after the second House is notified that the first House has agreed to 
conference, or after each House is deemed to have agreed to conference, 
they shall report back to their respective House in disagreement.
    (3) Notwithstanding any rule in either House of Congress concerning 
the printing of conference reports in the Congressional Record or 
concerning any delay in the consideration of such reports, such report, 
including a report filed or returned in disagreement, shall be acted on 
in the House of Representatives or the Senate not later than 2 session 
days after the first House files the report or, in the case of the 
Senate acting first, the report is first made available on the desks of 
the Senators.
    (4) Debate in a House of Congress on a conference report or a 
report filed or returned in disagreement in any such resolution shall 
be limited to 3 hours, equally divided between the Majority Leader and 
the Minority Leader, and their designees.
    (5) In the case of a conference report returned to a House of 
Congress in disagreement, an amendment to the amendment in disagreement 
is only in order if it is germane and relevant. The time for debate for 
such an amendment shall be limited to one-half hour, to be equally 
divided between, and controlled by, the mover of the amendment and the 
manager of the resolution, except that in the event the manager is in 
favor of any such amendment, the time in opposition thereto shall be 
controlled by the Minority Leader or his designee.
    (6) If a resolution is vetoed by the President, the time for debate 
in consideration of the veto message on such measure shall be limited 
to 20 hours in each House of Congress, equally divided between, and 
controlled by, the Majority Leader and the Minority Leader, and their 
designees.
    (i) Rules of the Senate and the House.--This section is enacted by 
the Congress--
            (1) 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 resolution, and it supersedes other 
        rules only to the extent that it is inconsistent with such 
        rules; and
            (2) with full recognition of the constitutional right of 
        either House to change 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.

SEC. 202. REPEAL OF OBSOLETE EXPEDITED PROCEDURES.

    Section 1013 of the Department of State Authorization Act, Fiscal 
Years 1984 and 1985 (50 U.S.C. 1546a), relating to expedited procedures 
for certain joint resolutions and bills, is repealed.

                                 

S 564 IS----2
S 564 IS----3

Summary: TABLE OF CONTENTS: Title I: General Provisions Title II: Expedited Procedures Use of Force Act - Title I: General Provisions - Authorizes the President, in the absence of a declaration of war or statutory authorization for a specific use of force, to use force abroad to: (1) repel an armed attack upon the United States or its armed forces. (2) respond to a foreign military threat that jeopardizes US national interests under emergency conditions that do not permit sufficient time for the Congress to consider such authorization or a declaration of war. (3) extricate US citizens and nationals located abroad from a direct and imminent threat to their lives. (4) forestall an imminent act of international terrorism directed at US citizens or nationals or to retaliate against the perpetrators of such an act. And (5) protect internationally recognized rights of innocent and free passage in the air and on the seas in circumstances where the threat of violation of such rights poses a danger to the safety of American citizens or US national security. Requires the President to adhere to principles of necessity and proportionality such that: (1) force may not be used for purposes of aggression. (2) the President shall have determined, before the use of force, that the objective could not have been achieved satisfactorily by means other than the use of force. (3) the use of force shall be exercised with levels of force, in a manner, and for a duration essential to and directly connected with the achievement of the objective. And (4) the diplomatic, military, economic, and humanitarian consequences of the action shall be in reasonable proportion to the benefits of the objective. Directs the President, except where an emergency exists that does not permit sufficient time, to seek the advice of the Congress before any use of force abroad. Establishes the Congressional Leadership Group on the Use of Force Abroad to facilitate regular consultation between the President and the Congress on foreign and national security policy. Requires the President, within 48 hours of commencing a use of force abroad, to submit a Use of Force report to the Speaker of the House of Representatives and the president pro tempore of the Senate. Provides for periodic reporting on the status, scope, and expected duration of the use of force. Authorizes the President to continue a use of force abroad for longer than 60 days after the date by which the Use of Force report is required only if: (1) the Congress has declared war or provided specific statutory authorization for the extended period. (2) the President has requested the Congress to enact a joint resolution constituting such a declaration or authorization but the resolution has not been subject to a vote in each House. Or (3) the President has certified to the Speaker of the House and the president pro tempore of the Senate that an emergency exists that threatens the US national interests and requires the period of limitation to be exceeded. Sets forth conditions under which joint or concurrent resolutions involving declarations of war and the use of force abroad shall receive expedited consideration in the Congress. Prohibits funding for any use of force abroad that is inconsistent with this Act. Authorizes Members of Congress to bring actions alleging violations of this Act. Sets forth provisions regarding judicial review and remedies. Repeals the War Powers Resolution. Title II: Expedited Procedures - Sets forth congressional procedures for the consideration of resolutions regarding the use of force abroad.