II

104TH CONGRESS

1ST SESSION S. 564

To confer and confirm Presidential authority to use force abroad, to set

forth principles and procedures governing the exercise of that authority,

and thereby to facilitate cooperation between the President and Congress

in decisions concerning the use or deployment of United States Armed

Forces abroad in situations of actual or potential hostilities.

IN THE SENATE OF THE UNITED STATES

MARCH 15, 1995

Mr. BIDEN introduced the following bill; which was read twice and referred

to the Committee on Foreign Relations

A BILL

To confer and confirm Presidential authority to use force

abroad, to set forth principles and procedures governing

the exercise of that authority, and thereby to facilitate

cooperation between the President and Congress in decisions concerning the use or deployment of United States

Armed Forces abroad in situations of actual or potential

hostilities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Use of Force Act’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional findings.

Sec. 4. Statement of purpose.

Sec. 5. Definitions.

TITLE I—GENERAL PROVISIONS

Sec. 101. Authority and governing principles.

Sec. 102. Consultation.

Sec. 103. Reporting requirements and referral of reports.

Sec. 104. Conditions for extended use of force.

Sec. 105. Measures eligible for congressional priority procedures.

Sec. 106. Funding limitations.

Sec. 107. Judicial review.

Sec. 108. Interpretation.

Sec. 109. Severability.

Sec. 110. Repeal of the War Powers Resolution.

TITLE II—EXPEDITED PROCEDURES

Sec. 201. Congressional priority procedures.

Sec. 202. Repeal of obsolete expedited procedures.

3 SEC. 3. CONGRESSIONAL FINDINGS.

4 The Congress affirms that—

5 (1) the provisions of the United States Con6 stitution compel the President and Congress to en7 gage actively and jointly in decisions to use force

8 abroad;

9 (2) joint deliberation by the two branches will

10 contribute to sound decisions and to the public sup11 port necessary to sustain any use of force abroad;

12 and

13 (3) a statutory framework, devised to promote

14 consultation and timely authorization as may be

15 needed for specific uses of force, can facilitate co-
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1 operation between the Congress and the President in

2 such decisionmaking.

3 SEC. 4. STATEMENT OF PURPOSE.

4 (a) IN GENERAL.—The purpose of this Act is to con5 fer and confirm Presidential authority to use force abroad,

6 to set forth principles and procedures governing the exer7 cise of that authority, and thereby to facilitate cooperation

8 between the President and Congress in decisions concern9 ing the use or deployment of United States Armed Forces

10 abroad in situations of actual or potential hostilities.

11 (b) EXCLUSIVITY OF PROVISIONS.—Because this Act

12 confirms all of the President’s inherent constitutional au13 thority to use force abroad and confers additional author14 ity, this Act applies to all uses of force abroad by the

15 United States.

16 SEC. 5. DEFINITIONS.

17 As used in this Act—

18 (1) a ‘‘use of force abroad’’ occurs when—

19 (A) United States Armed Forces are—

20 (i) introduced into a foreign country,

21 (ii) deployed to expand significantly

22 the United States military presence in a

23 foreign country, or
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1 (iii) committed to new missions or ob2 jectives in a foreign country, or in inter3 national airspace, or on the high seas; and

4 (B) such forces—

5 (i) have been deployed to deter an

6 identified threat, or a substantial danger,

7 of military action by other forces; or

8 (ii) have incurred or inflicted casual9 ties or are operating with a substantial

10 possibility of incurring or inflicting casual11 ties;

12 (2) the term ‘‘foreign country’’ means any land

13 outside the United States, its territorial waters as

14 recognized by the United States, and the airspace

15 above such land and waters;

16 (3) the term ‘‘high seas’’ means all waters out17 side the territorial sea of the United States and out18 side the territorial sea, as recognized by the United

19 States, of any other nation;

20 (4) the term ‘‘international terrorism’’ means

21 activities that—

22 (A) involve violent acts or acts dangerous

23 to human life that are a violation of the crimi24 nal laws of the United States or of any State,

25 or that would be a criminal violation if commit-
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1 ted within the jurisdiction of the United States

2 or any State;

3 (B) appear to be intended—

4 (i) to intimidate or coerce a civilian

5 population;

6 (ii) to influence the policy of a govern7 ment by intimidation or coercion; or

8 (iii) to affect the conduct of a govern9 ment by assassination or kidnapping; and

10 (C) transcend national boundaries in terms

11 of the means by which they are accomplished,

12 the persons they appear intended to coerce or

13 intimidate, or the locale in which their perpetra14 tors operate or seek asylum;

15 (5) the term ‘‘United States’’ means the several

16 States, the District of Columbia, the Commonwealth

17 of the Northern Mariana Islands, the Common18 wealth of Puerto Rico, American Samoa, Guam, the

19 United States Virgin Islands, and any other posses20 sion of the United States; and

21 (6) the term ‘‘Use of Force Report’’ means the

22 report described in section 103(a).
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1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. AUTHORITY AND GOVERNING PRINCIPLES.

3 (a) AUTHORITY.—In the absence of a declaration of

4 war or statutory authorization for a specific use of force,

5 the President, through powers vested by the Constitution

6 of the United States and by this Act, is authorized to use

7 force abroad in accordance with this Act—

8 (1) to repel an armed attack upon the United

9 States or its armed forces;

10 (2) to respond to a foreign military threat that

11 severely and directly jeopardizes the supreme na12 tional interests of the United States under emer13 gency conditions that do not permit sufficient time

14 for Congress to consider statutory authorization or

15 a declaration of war;

16 (3) to extricate citizens and nationals of the

17 United States located abroad from situations involv18 ing a direct and imminent threat to their lives;

19 (4) to forestall an imminent act of international

20 terrorism directed at citizens or nationals of the

21 United States or to retaliate against the perpetra22 tors of a specific act of international terrorism di23 rected at such citizens or nationals; and

24 (5) to protect internationally recognized rights

25 of innocent and free passage in the air and on the
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1 seas in circumstances where the violation, or threat

2 of violation, of such rights poses a substantial dan3 ger to the safety of American citizens or the national

4 security of the United States.

5 (b) GOVERNING PRINCIPLES.—In exercising the au6 thority set forth in subsection (a), the President shall,

7 without limitation on the constitutional power of Com8 mander in Chief, adhere rigorously to principles of neces9 sity and proportionality, as follows:

10 (1) PRINCIPLES OF NECESSITY:

11 (A) Force may not be used for purposes of

12 aggression.

13 (B) Before the use of force abroad, the

14 President shall have determined, with due con15 sideration to the implications under inter16 national law, that the objective could not have

17 been achieved satisfactorily by means other

18 than the use of force.

19 (2) PRINCIPLES OF PROPORTIONALITY:

20 (A) The use of force shall be exercised with

21 levels of force, in a manner, and for a duration

22 essential to and directly connected with the

23 achievement of the objective.

24 (B) The diplomatic, military, economic,

25 and humanitarian consequences of such action
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1 shall be in reasonable proportion to the benefits

2 of the objective.

3 SEC. 102. CONSULTATION.

4 (a) PRIOR CONSULTATION REQUIRED.—Except

5 where an emergency exists that does not permit sufficient

6 time to consult Congress, the President shall seek the ad7 vice of the Congress before any use of force abroad.

8 (b) CONGRESSIONAL LEADERSHIP GROUP.—(1) To

9 facilitate consultation between the President and the Con10 gress, there is established within the Congress the Con11 gressional Leadership Group on the Use of Force Abroad

12 (hereafter in this Act referred to as the ‘‘Congressional

13 Leadership Group’’).

14 (2) The Congressional Leadership Group shall be

15 composed of—

16 (A) the Speaker of the House of Representa17 tives and the President pro tempore of the Senate;

18 (B) the Majority Leader and the Minority

19 Leader of the Senate and the Majority Leader and

20 the Minority Leader of the House of Representa21 tives;

22 (C) the chairman and ranking minority member

23 of each of the following committees of the Senate:

24 the Committee on Foreign Relations, the Committee
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1 on Armed Services, and the Select Committee on In2 telligence; and

3 (D) the chairman and ranking minority member

4 of each of the following committees of the House of

5 Representatives: the Committee on International Re6 lations, the Committee on National Security, and the

7 Permanent Select Committee on Intelligence.

8 (3) The Speaker of the House of Representatives and

9 the Majority Leader of the Senate shall each serve as co10 chairman of the Congressional Leadership Group.

11 (c) REGULAR CONSULTATIONS.—(1) Except as the

12 parties may otherwise determine, whenever Congress is in

13 session, meetings shall be held, in open or closed session,

14 for the purpose of facilitating consultation between Con15 gress and the President on foreign and national security

16 policy, as follows:

17 (A) The President shall meet at least once

18 every four months with the Congressional Leader19 ship Group.

20 (B) The Secretary of State shall meet at least

21 once every two months with the Committee on For22 eign Relations of the Senate and the Committee on

23 International Relations of the House of Representa24 tives.
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1 (C) The Secretary of Defense shall meet at

2 least once every two months with the Committee on

3 Armed Services of the Senate and the Committee on

4 National Security of the House of Representatives.

5 (D) The Director of Central Intelligence shall

6 meet at least once every two months with the Select

7 Committee on Intelligence of the Senate and the

8 Permanent Select Committee on Intelligence of the

9 House of Representatives.

10 (2) Such consultation shall have, among its primary

11 purposes—

12 (A) identifying potential situations in which the

13 use of force abroad might be necessary and examin14 ing thoroughly the advisability and lawfulness of

15 such use of force; and

16 (B) in those instances in which a use of force

17 abroad has already been undertaken, discussing how

18 such use of force complies with the objectives and

19 the authority required to be cited in the appropriate

20 Use of Force Report and the governing principles

21 set forth in section 101(b).

22 (d) EMERGENCY CONSULTATIONS.—Under emer23 gency circumstances affecting United States national se24 curity interests, the President should meet promptly with

25 the Congressional Leadership Group on his own initiative
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1 or upon receipt of a special request from its co-chairmen

2 that is made on their own initiative or pursuant to a re3 quest from a majority of the members of the Congressional

4 Leadership Group.

5 SEC. 103. REPORTING REQUIREMENTS AND REFERRAL OF

6 REPORTS.

7 (a) USE OF FORCE REPORT REQUIRED.—Not later

8 than 48 hours after commencing a use of force abroad,

9 the President shall submit to the Speaker of the House

10 of Representatives and to the President pro tempore of

11 the Senate a report stating—

12 (1) the objective of such use of force;

13 (2) in the absence of a declaration of war or

14 specific statutory authorization for such use of force,

15 the specific paragraph or paragraphs of section

16 101(a) setting forth the authority for such use of

17 force; and

18 (3) the manner in which such use of force com19 plies, and will continue to comply with, the govern20 ing principles set forth in section 101(b).

21 Any such report shall be known as a Use of Force Report

22 and shall state that it is submitted pursuant to this sub23 section.

24 (b) PERIODIC REPORTING REQUIRED.—Whenever

25 force is used abroad, the President shall, so long as the
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1 United States Armed Forces continue to be involved in

2 the use of force, report to Congress periodically on the

3 status, scope, and expected duration of such use of force.

4 Such reports shall be submitted at intervals to be deter5 mined jointly by the President and the Congressional

6 Leadership Group.

7 (c) REFERRAL OF REPORTS.—Each report transmit8 ted under this section shall be immediately referred to the

9 Committee on Foreign Relations of the Senate and the

10 Committee on International Relations of the House of

11 Representatives.

12 (d) RECONVENING CONGRESS.—If, when a report is

13 transmitted under this section, the Congress has ad14 journed sine die or has adjourned for any period in excess

15 of three calendar days, the Speaker of the House of Rep16 resentatives and the Majority Leader of the Senate, if they

17 deem it advisable (or if petitioned by a majority of the

18 members of the Congressional Leadership Group or by 30

19 percent of the membership of either House of Congress)

20 shall jointly request the President to convene Congress in

21 order that it may consider the report and take appropriate

22 action pursuant to this Act.

23 SEC. 104. CONDITIONS FOR EXTENDED USE OF FORCE.

24 The President may continue a use of force abroad

25 for longer than 60 calendar days after the date by which
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1 the appropriate Use of Force Report is required to be sub2 mitted only if—

3 (1) Congress has declared war or provided spe4 cific statutory authorization for the use of force

5 abroad beyond such period;

6 (2) the President has requested that Congress

7 enact a joint resolution constituting a declaration of

8 war or statutory authorization under section 105(a)

9 but such joint resolution has not been subject to a

10 vote in each House of Congress, notwithstanding the

11 expedited procedures to which such joint resolution

12 would be entitled; or

13 (3) the President has determined and certified

14 to the Speaker of the House of Representatives and

15 the President pro tempore of the Senate that an

16 emergency exists that threatens the supreme na17 tional interests of the United States and requires the

18 President to exceed such period of limitation.

19 SEC. 105. MEASURES ELIGIBLE FOR CONGRESSIONAL PRI20 ORITY PROCEDURES.

21 (a) ELIGIBLE JOINT RESOLUTIONS.—A joint resolu22 tion shall be entitled to the expedited procedures set forth

23 in section 201—

24 (1) if such resolution—
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1 (A) is introduced in a House of Congress

2 by a Member of Congress pursuant to a request

3 by the President made in writing to that Mem4 ber, or

5 (B) is introduced in a House of Congress

6 and satisfies the cosponsorship criteria set forth

7 in subsection (c); and—

8 (2) if such resolution—

9 (A) constitutes a declaration of war or spe10 cific statutory authorization within the meaning

11 of this Act, or

12 (B) requires the President to terminate,

13 limit, or refrain from a use of force abroad.

14 (b) ELIGIBLE CONCURRENT RESOLUTIONS.—A con15 current resolution shall be entitled to the expedited proce16 dures set forth in section 201 if such resolution satisfies

17 the cosponsorship criteria set forth in subsection (c) and

18 contains a finding that—

19 (1) a use of force abroad began on a specific

20 date or that a Use of Force Report was required to

21 be submitted;

22 (2) a use of force abroad has exceeded the pe23 riod of limitation set forth in section 104;
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1 (3) the President has acted outside the author2 ity of section 101(a) or abused the authority of sec3 tion 104(3); or

4 (4) a use of force is otherwise being conducted

5 in a manner inconsistent with the provisions of this

6 Act.

7 (c) COSPONSORSHIP CRITERIA.—A joint resolution

8 described in subsection (a)(1)(B) or a concurrent resolu9 tion described in subsection (b) is a resolution for pur10 poses of section 201 if such resolution has been cospon11 sored—

12 (1) by a majority of the members of the Con13 gressional Leadership Group who are members of

14 the House of Congress in which it is introduced; or

15 (2) by 30 percent of the membership of the

16 House of Congress in which it is introduced.

17 SEC. 106. FUNDING LIMITATIONS.

18 (a) PROHIBITION.—No funds made available under

19 any provision of law may be obligated or expended for any

20 use of force abroad inconsistent with the provisions of this

21 Act.

22 (b) POINT OF ORDER.—(1) Whenever the Congress

23 adopts a concurrent resolution making a finding under

24 paragraph (2), (3), or (4) of section 105(b), it shall there25 after not be in order in either House of Congress to con-
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1 sider any bill or joint resolution or any amendment there2 to, or any report of a committee of conference, which au3 thorizes or provides budget authority to carry out such

4 use of force.

5 (2) Any committee of either House of Congress that

6 reports any bill or joint resolution, and any committee of

7 conference which submits any conference report to either

8 such House, authorizing or providing budget authority

9 which has the effect of providing resources to carry out

10 any such use of force, shall include in the accompanying

11 committee report or joint statement, as the case may be,

12 a statement that budget authority for that purpose is au13 thorized or provided in such bill, resolution, or conference

14 report.

15 SEC. 107. JUDICIAL REVIEW.

16 (a) STANDING.—(1) Any Member of Congress may

17 bring an action in the United States District Court for

18 the District of Columbia for declaratory judgment on the

19 grounds that the provisions of this Act have been violated.

20 (2) A copy of any complaint in an action brought

21 under paragraph (1) shall be promptly delivered to the

22 Secretary of the Senate and the Clerk of the House of

23 Representatives, and each House of Congress shall have

24 the right to intervene in such action.
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1 (b) THREE-JUDGE COURT.—Any action brought

2 under subsection (a) shall be heard and determined by a

3 three-judge court in accordance with section 2284 of title

4 28, United States Code.

5 (c) JUSTICIABILITY.—(1) In any action brought

6 under subsection (a), the United States District Court and

7 the United States Supreme Court, if applicable, shall not

8 refuse to make a determination on the merits based upon

9 the doctrine of political question, remedial discretion, equi10 table discretion, ripeness, or any other finding of non11 justiciability, unless such refusal is required by Article III

12 of the Constitution.

13 (2) Notwithstanding the number, position, or political

14 party affiliation of any party to an action brought under

15 subsection (a), it is the intent of Congress that the United

16 States District Court and, if applicable, the United States

17 Supreme Court infer that Congress would disapprove of

18 any use of force inconsistent with the provisions of this

19 Act and find that an impasse exists between Congress and

20 the Executive which requires judicial resolution.

21 (d) JUDICIAL REMEDIES.—If the United States Dis22 trict Court, in an action brought under subsection (a),

23 finds that a Use of Force Report was required to have

24 been submitted under this Act but was not submitted, it

25 shall issue an order declaring that the period set forth in
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1 section 104 has begun on the date of the United States

2 District Court’s order or on a previous date, as may be

3 determined by the United States District Court.

4 (e) APPEAL TO SUPREME COURT.—Notwithstanding

5 any other provision of law, any order entered by the

6 United States District Court in an action brought under

7 subsection (a), including any finding that a Use of Force

8 Report was or was not required to have been submitted

9 to the Congress, shall be reviewable by appeal directly to

10 the Supreme Court of the United States. Any such appeal

11 shall be taken by a notice of appeal filed within 10 days

12 after such order is entered, and the jurisdictional state13 ment shall be filed within 30 days after such order is en14 tered. No stay of an order issued pursuant to an action

15 brought under this section shall be issued by a single Jus16 tice of the Supreme Court.

17 (f) EXPEDITED JUDICIAL CONSIDERATION.—It shall

18 be the duty of the District Court for the District of Colum19 bia and the Supreme Court of the United States to ad20 vance on the docket and to expedite, to the greatest pos21 sible extent consistent with Article III of the Constitution,

22 the disposition of any matter brought under this section.

23 SEC. 108. INTERPRETATION.

24 (a) CONSTRUCTION.—Nothing in this Act may be

25 construed as requiring any use of force abroad.
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1 (b) SPECIFIC AUTHORIZATION REQUIRED.—Author2 ity to use force may not be inferred—

3 (1) from any provision of law, unless such pro4 vision states that it is intended to constitute specific

5 statutory authorization within the meaning of this

6 Act; or

7 (2) from any treaty heretofore or hereafter rati8 fied unless such treaty is implemented by a statute

9 stating that it is intended to constitute specific stat10 utory authorization within the meaning of this Act.

11 (c) STATUS OF CERTAIN CONGRESSIONAL AC12 TIONS.—The disapproval by Congress of, or the failure of

13 Congress to approve, a measure—

14 (1) terminating, limiting, or prohibiting a use of

15 force; or

16 (2) containing a finding described in section

17 105(b);

18 may not be construed as indicating congressional author19 ization or approval of, or acquiescence in, a use of force

20 abroad, or as a congressional finding that a use of force

21 abroad is being conducted in a manner consistent with this

22 Act.

23 SEC. 109. SEVERABILITY.

24 (a) SEVERABILITY.—Except as provided in sub25 section (b), if any provision of this Act or the application
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1 thereof to any person or circumstance is held invalid, the

2 remainder of the Act and the application of such provision

3 to any other person or circumstance shall not be affected

4 thereby.

5 (b) EXCEPTION.—If section 101(b), 103, 104, or 106

6 of this Act or the application thereof to any person or cir7 cumstance is held invalid, section 101(a) of this Act shall

8 be deemed invalid and the application thereof to any other

9 person or circumstance shall be null and void.

10 SEC. 110. REPEAL OF THE WAR POWERS RESOLUTION.

11 The War Powers Resolution (50 U.S.C. 1541 et seq.;

12 Public Law 93–148), relating to the exercise of war pow13 ers by the President under the Constitution, is hereby re14 pealed.

15 TITLE II—EXPEDITED

16 PROCEDURES

17 SEC. 201. CONGRESSIONAL PRIORITY PROCEDURES.

18 (a) DEFINITIONS.—For purposes of this section—

19 (1) the term ‘‘resolution’’ means any resolution

20 described in subsection (a) or (b) of section 105; and

21 (2) the term ‘‘session days’’ means days on

22 which the respective House of Congress is in session.

23 (b) REFERRAL OF RESOLUTIONS.—A resolution in24 troduced in the House of Representatives shall be referred

25 to the Committee on International Relations of the House
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1 of Representatives. A resolution introduced in the Senate

2 shall be referred to the Committee on Foreign Relations

3 of the Senate.

4 (c) DISCHARGE OF COMMITTEE.—(1) If the commit5 tee to which is referred a resolution has not reported such

6 a resolution (or an identical resolution) at the end of 7

7 calendar days after its introduction, such committee shall

8 be discharged from further consideration of such resolu9 tion, and such resolution shall be placed on the appro10 priate calendar of the House of Congress involved.

11 (2) After a committee reports or is discharged from

12 a resolution, no other resolution with respect to the same

13 use of force may be reported by or be discharged from

14 such committee while the first resolution is before the re15 spective House of Congress (including remaining on the

16 calendar), a committee of conference, or the President.

17 This paragraph may not be construed to prohibit concur18 rent consideration of a joint resolution described in section

19 105(a) and a concurrent resolution described in section

20 105(b).

21 (d) CONSIDERATION OF RESOLUTIONS.—(1)(A)

22 Whenever the committee to which a resolution is referred

23 has reported, or has been discharged under subsection (c)

24 from further consideration of such resolution, notwith25 standing any rule or precedent of the Senate, including
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1 Rule 22, it is at any time thereafter in order (even though

2 a previous motion to the same effect has been disagreed

3 to) for any Member of the respective House of Congress

4 to move to proceed to the consideration of the resolution

5 and, except as provided in subparagraph (B) of this para6 graph or paragraph (2) of this subsection (insofar as it

7 relates to germaneness and relevancy of amendments), all

8 points of order against the resolution and consideration

9 of the resolution are waived. The motion is highly privi10 leged in the House of Representatives and is privileged

11 in the Senate and is not debatable. The motion is not sub12 ject to a motion to postpone. A motion to reconsider the

13 vote by which the motion is agreed to or disagreed to shall

14 be in order, except that such motion may not be entered

15 for future disposition. If a motion to proceed to the consid16 eration of the resolution is agreed to, the resolution shall

17 remain the unfinished business of the respective House of

18 Congress, to the exclusion of all other business, until dis19 posed of, except as otherwise provided in subsection (e)(1).

20 (B) Whenever a point of order is raised in the Senate

21 against the privileged status of a resolution that has been

22 laid before the Senate and been initially identified as privi23 leged for consideration under this section upon its intro24 duction pursuant to section 105, such point of order shall

25 be submitted directly to the Senate. The point of order,
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1 ‘‘The resolution is not privileged under the Use of Force

2 Act’’, shall be decided by the yeas and the nays after four

3 hours of debate, equally divided between, and controlled

4 by, the Member raising the point of order and the man5 ager of the resolution, except that in the event the man6 ager is in favor of such point of order, the time in opposi7 tion thereto shall be controlled by the Minority Leader or

8 his designee. Such point of order shall not be considered

9 to establish precedent for determination of future cases.

10 (2)(A)(i) Consideration in a House of Congress of the

11 resolution, and all amendments and debatable motions in

12 connection therewith, shall be limited to not more than

13 12 hours, which, except as otherwise provided in this sec14 tion, shall be equally divided between, and controlled by,

15 the Majority Leader and the Minority Leader, or by their

16 designees.

17 (ii) The Majority Leader or the Minority Leader or

18 their designees may, from the time under their control on

19 the resolution, allot additional time to any Senator during

20 the consideration of any amendment, debatable motion, or

21 appeal.

22 (B) Only amendments which are germane and rel23 evant to the resolution are in order. Debate on any amend24 ment to the resolution shall be limited to 2 hours, except

25 that debate on any amendment to an amendment shall be
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1 limited to 1 hour. The time of debate for each amendment

2 shall be equally divided between, and controlled by, the

3 mover of the amendment and the manager of the resolu4 tion, except that in the event the manager is in favor of

5 any such amendment, the time in opposition thereto shall

6 be controlled by the Minority Leader or his designee.

7 (C) One amendment by the Minority Leader is in

8 order to be offered under a one-hour time limitation imme9 diately following the expiration of the 12-hour time limita10 tion if the Minority Leader has had no opportunity to offer

11 an amendment to the resolution thereto. One amendment

12 may be offered to the amendment by the Minority Leader

13 under the preceding sentence, and debate shall be limited

14 on such amendment to one-half hour which shall be equal15 ly divided between, and controlled by, the mover of the

16 amendment and the manager of the resolution, except that

17 in the event the manager is in favor of any such amend18 ment, the time in opposition thereto shall be controlled

19 by the Minority Leader or his designee.

20 (D) A motion to postpone or a motion to recommit

21 the resolution is not in order. A motion to reconsider the

22 vote by which the resolution is agreed to or disagreed to

23 is in order, except that such motion may not be entered

24 for future disposition, and debate on such motion shall

25 be limited to 1 hour.
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1 (3) Whenever all the time for debate on a resolution

2 has been used or yielded back, no further amendments

3 may be proposed, except as provided in paragraph (2)(C),

4 and the vote on the adoption of the resolution shall occur

5 without any intervening motion or amendment, except that

6 a single quorum call at the conclusion of the debate if re7 quested in accordance with the rules of the appropriate

8 House of Congress may occur immediately before such

9 vote.

10 (4) Appeals from the decisions of the Chair relating

11 to the application of the Rules of the Senate or the House

12 of Representatives, as the case may be, to the procedure

13 relating to a resolution shall be limited to one-half hour

14 of debate, equally divided between, and controlled by, the

15 Member making the appeal and the manager of the resolu16 tion, except that in the event the manager is in favor of

17 any such appeal, the time in opposition thereto shall be

18 controlled by the Minority Leader or his designee.

19 (e) TREATMENT OF OTHER HOUSE’S RESOLU20 TION.—(1) Except as provided in paragraph (2), if, before

21 the passage by one House of a resolution of that House,

22 that House receives from the other House a resolution,

23 then the following procedures shall apply:
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1 (A) The resolution of the sending House shall

2 not be referred to a committee in the receiving

3 House.

4 (B) With respect to a resolution of the House

5 receiving the resolution, the procedure in that House

6 shall be the same as if no resolution had been re7 ceived from the sending House, except that the reso8 lution of the sending House shall be considered to

9 have been read for the third time.

10 (C) If the resolutions of the sending and receiv11 ing Houses are identical, the vote on final passage

12 shall be on the resolution of the sending House.

13 (D) If such resolutions are not identical—

14 (i) the vote on final passage shall be on the

15 resolution of the sending House, with the text

16 of the resolution of the receiving House inserted

17 in lieu of the text of the resolution of the send18 ing House;

19 (ii) such vote on final passage shall occur

20 without debate or any intervening action; and

21 (iii) the resolution shall be returned to the

22 sending House for proceedings under subsection

23 (g).

24 (E) Upon disposition of the resolution received

25 from the other House, it shall no longer be in order
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1 to consider the resolution originated in the receiving

2 House.

3 (2) If one House receives from the other House a res4 olution before any such resolution is introduced in the first

5 House, then the resolution received shall be referred, in

6 the case of the House of Representatives, to the Commit7 tee on International Relations and, in the case of the Sen8 ate, to the Committee on Foreign Relations, and the pro9 cedures in that House with respect to that resolution shall

10 be the same under this section as if the resolution received

11 had been introduced in that House.

12 (f) TREATMENT OF IDENTICAL RESOLUTIONS.—If

13 one House receives from the other House a resolution

14 after the first House has disposed of an identical resolu15 tion, it shall be in order to proceed by nondebatable mo16 tion to consideration of the resolution received by the first

17 House, and that received resolution shall be disposed of

18 without debate and without amendment.

19 (g) PROCEDURES APPLICABLE TO AMENDMENTS BE20 TWEEN THE HOUSES OF CONGRESS.—The following pro21 cedures shall apply to dispose of amendments between the

22 Houses of Congress:

23 (1) Upon receipt by a House of Congress of a

24 message from the other House with respect to a res25 olution, it is in order for any Member of the House
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1 receiving the message to move to proceed to the con2 sideration of the respective resolution. Such motion

3 shall be disposed of in the same manner as a motion

4 under subsection (d)(1)(A). Such a motion is not in

5 order after conferees have been appointed.

6 (2)(A) The time for debate in a House of Con7 gress on any motion required for the disposition of

8 an amendment by the other House to the resolution

9 shall not exceed 2 hours, equally divided between,

10 and controlled by, the mover of the motion and man11 ager of the resolution at each stage of the proceed12 ings between the two Houses, except that in the

13 event the manager is in favor of any such motion,

14 the time in opposition thereto shall be controlled by

15 the Minority Leader or his designee.

16 (B) The time for debate for each amendment to

17 a motion shall be limited to one-half hour.

18 (C) Only motions proposing amendments which

19 are germane and relevant are in order.

20 (h) PROCEDURES APPLICABLE TO CONFERENCE RE21 PORTS AND PRESIDENTIAL ACTION.—(1) Either House of

22 Congress may disagree to an amendment or amendments

23 made by the other House to a resolution or may insist

24 upon its amendment or amendments to a resolution, and

25 request a conference with the other House at anytime. In
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1 the case of any disagreement between the two Houses of

2 Congress with respect to an amendment or amendments

3 to a resolution which is not resolved within 2 session days

4 after a House of Congress first amends the resolution

5 originated by the other House, each House shall be

6 deemed to have requested and accepted a conference with

7 the other House. Upon the request or acceptance of a con8 ference, in the case of the Senate, the President pro tem9 pore shall appoint conferees and, in the case of the House

10 of Representatives, the Speaker of the House shall appoint

11 conferees.

12 (2) In the event the conferees are unable to agree

13 within 72 hours after the second House is notified that

14 the first House has agreed to conference, or after each

15 House is deemed to have agreed to conference, they shall

16 report back to their respective House in disagreement.

17 (3) Notwithstanding any rule in either House of Con18 gress concerning the printing of conference reports in the

19 Congressional Record or concerning any delay in the con20 sideration of such reports, such report, including a report

21 filed or returned in disagreement, shall be acted on in the

22 House of Representatives or the Senate not later than 2

23 session days after the first House files the report or, in

24 the case of the Senate acting first, the report is first made

25 available on the desks of the Senators.
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1 (4) Debate in a House of Congress on a conference

2 report or a report filed or returned in disagreement in any

3 such resolution shall be limited to 3 hours, equally divided

4 between the Majority Leader and the Minority Leader,

5 and their designees.

6 (5) In the case of a conference report returned to a

7 House of Congress in disagreement, an amendment to the

8 amendment in disagreement is only in order if it is ger9 mane and relevant. The time for debate for such an

10 amendment shall be limited to one-half hour, to be equally

11 divided between, and controlled by, the mover of the

12 amendment and the manager of the resolution, except that

13 in the event the manager is in favor of any such amend14 ment, the time in opposition thereto shall be controlled

15 by the Minority Leader or his designee.

16 (6) If a resolution is vetoed by the President, the time

17 for debate in consideration of the veto message on such

18 measure shall be limited to 20 hours in each House of

19 Congress, equally divided between, and controlled by, the

20 Majority Leader and the Minority Leader, and their des21 ignees.

22 (i) RULES OF THE SENATE AND THE HOUSE.—This

23 section is enacted by the Congress—

24 (1) as an exercise of the rulemaking power of

25 the Senate and House of Representatives, respec-
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1 tively, and as such it is deemed a part of the rules

2 of each House, respectively, but applicable only with

3 respect to the procedure to be followed in that

4 House in the case of a resolution, and it supersedes

5 other rules only to the extent that it is inconsistent

6 with such rules; and

7 (2) with full recognition of the constitutional

8 right of either House to change rules (so far as re9 lating to the procedure of that House) at any time,

10 in the same manner, and to the same extent as in

11 the case of any other rule of that House.

12 SEC. 202. REPEAL OF OBSOLETE EXPEDITED PROCEDURES.

13 Section 1013 of the Department of State Authoriza14 tion Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a),

15 relating to expedited procedures for certain joint resolu16 tions and bills, is repealed.

Æ

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