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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 564 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Use of Force Act''.

SEC. 2. TABLE OF CONTENTS.

    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.

SEC. 3. CONGRESSIONAL FINDINGS.

    The Congress affirms that--
            (1) the provisions of the United States Constitution compel 
        the President and Congress to engage actively and jointly in 
        decisions to use force abroad;
            (2) joint deliberation by the two branches will contribute 
        to sound decisions and to the public support necessary to 
        sustain any use of force abroad; and
            (3) a statutory framework, devised to promote consultation 
        and timely authorization as may be needed for specific uses of 
        force, can facilitate cooperation between the Congress and the 
        President in such decisionmaking.

SEC. 4. STATEMENT OF PURPOSE.

    (a) In General.--The purpose of this Act is 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.
    (b) Exclusivity of Provisions.--Because this Act confirms all of 
the President's inherent constitutional authority to use force abroad 
and confers additional authority, this Act applies to all uses of force 
abroad by the United States.

SEC. 5. DEFINITIONS.

    As used in this Act--
            (1) a ``use of force abroad'' occurs when--
                    (A) United States Armed Forces are--
                            (i) introduced into a foreign country,
                            (ii) deployed to expand significantly the 
                        United States military presence in a foreign 
                        country, or
                            (iii) committed to new missions or 
                        objectives in a foreign country, or in 
                        international airspace, or on the high seas; 
                        and
                    (B) such forces--
                            (i) have been deployed to deter an 
                        identified threat, or a substantial danger, of 
                        military action by other forces; or
                            (ii) have incurred or inflicted casualties 
                        or are operating with a substantial possibility 
                        of incurring or inflicting casualties;
            (2) the term ``foreign country'' means any land outside the 
        United States, its territorial waters as recognized by the 
        United States, and the airspace above such land and waters;
            (3) the term ``high seas'' means all waters outside the 
        territorial sea of the United States and outside the 
        territorial sea, as recognized by the United States, of any 
        other nation;
            (4) the term ``international terrorism'' means activities 
        that--
                    (A) involve violent acts or acts dangerous to human 
                life that are a violation of the criminal laws of the 
                United States or of any State, or that would be a 
                criminal violation if committed within the jurisdiction 
                of the United States or any State;
                    (B) appear to be intended--
                            (i) to intimidate or coerce a civilian 
                        population;
                            (ii) to influence the policy of a 
                        government by intimidation or coercion; or
                            (iii) to affect the conduct of a government 
                        by assassination or kidnapping; and
                    (C) transcend national boundaries in terms of the 
                means by which they are accomplished, the persons they 
                appear intended to coerce or intimidate, or the locale 
                in which their perpetrators operate or seek asylum;
            (5) the term ``United States'' means the several States, 
        the District of Columbia, the Commonwealth of the Northern 
        Mariana Islands, the Commonwealth of Puerto Rico, American 
        Samoa, Guam, the United States Virgin Islands, and any other 
        possession of the United States; and
            (6) the term ``Use of Force Report'' means the report 
        described in section 103(a).

                      TITLE I--GENERAL PROVISIONS

SEC. 101. AUTHORITY AND GOVERNING PRINCIPLES.

    (a) Authority.--In the absence of a declaration of war or statutory 
authorization for a specific use of force, the President, through 
powers vested by the Constitution of the United States and by this Act, 
is authorized to use force abroad in accordance with this Act--
            (1) to repel an armed attack upon the United States or its 
        armed forces;
            (2) to respond to a foreign military threat that severely 
        and directly jeopardizes the supreme national interests of the 
        United States under emergency conditions that do not permit 
        sufficient time for Congress to consider statutory 
        authorization or a declaration of war;
            (3) to extricate citizens and nationals of the United 
        States located abroad from situations involving a direct and 
        imminent threat to their lives;
            (4) to forestall an imminent act of international terrorism 
        directed at citizens or nationals of the United States or to 
        retaliate against the perpetrators of a specific act of 
        international terrorism directed at such citizens or nationals; 
        and
            (5) to protect internationally recognized rights of 
        innocent and free passage in the air and on the seas in 
        circumstances where the violation, or threat of violation, of 
        such rights poses a substantial danger to the safety of 
        American citizens or the national security of the United 
        States.
    (b) Governing Principles.--In exercising the authority set forth in 
subsection (a), the President shall, without limitation on the 
constitutional power of Commander in Chief, adhere rigorously to 
principles of necessity and proportionality, as follows:
            (1) Principles of necessity:
                    (A) Force may not be used for purposes of 
                aggression.
                    (B) Before the use of force abroad, the President 
                shall have determined, with due consideration to the 
                implications under international law, that the 
                objective could not have been achieved satisfactorily 
                by means other than the use of force.
            (2) Principles of proportionality:
                    (A) 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.
                    (B) The diplomatic, military, economic, and 
                humanitarian consequences of such action shall be in 
                reasonable proportion to the benefits of the objective.

SEC. 102. CONSULTATION.

    (a) Prior Consultation Required.--Except where an emergency exists 
that does not permit sufficient time to consult Congress, the President 
shall seek the advice of the Congress before any use of force abroad.
    (b) Congressional Leadership Group.--(1) To facilitate consultation 
between the President and the Congress, there is established within the 
Congress the Congressional Leadership Group on the Use of Force Abroad 
(hereafter in this Act referred to as the ``Congressional Leadership 
Group'').
    (2) The Congressional Leadership Group shall be composed of--
            (A) the Speaker of the House of Representatives and the 
        President pro tempore of the Senate;
            (B) the Majority Leader and the Minority Leader of the 
        Senate and the Majority Leader and the Minority Leader of the 
        House of Representatives;
            (C) the chairman and ranking minority member of each of the 
        following committees of the Senate: the Committee on Foreign 
        Relations, the Committee on Armed Services, and the Select 
        Committee on Intelligence; and
            (D) the chairman and ranking minority member of each of the 
        following committees of the House of Representatives: the 
        Committee on International Relations, the Committee on National 
        Security, and the Permanent Select Committee on Intelligence.
    (3) The Speaker of the House of Representatives and the Majority 
Leader of the Senate shall each serve as co-chairman of the 
Congressional Leadership Group.
    (c) Regular Consultations.--(1) Except as the parties may otherwise 
determine, whenever Congress is in session, meetings shall be held, in 
open or closed session, for the purpose of facilitating consultation 
between Congress and the President on foreign and national security 
policy, as follows:
            (A) The President shall meet at least once every four 
        months with the Congressional Leadership Group.
            (B) The Secretary of State shall meet at least once every 
        two months with the Committee on Foreign Relations of the 
        Senate and the Committee on International Relations of the 
        House of Representatives.
            (C) The Secretary of Defense shall meet at least once every 
        two months with the Committee on Armed Services of the Senate 
        and the Committee on National Security of the House of 
        Representatives.
            (D) The Director of Central Intelligence shall meet at 
        least once every two months with the Select Committee on 
        Intelligence of the Senate and the Permanent Select Committee 
        on Intelligence of the House of Representatives.
    (2) Such consultation shall have, among its primary purposes--
            (A) identifying potential situations in which the use of 
        force abroad might be necessary and examining thoroughly the 
        advisability and lawfulness of such use of force; and
            (B) in those instances in which a use of force abroad has 
        already been undertaken, discussing how such use of force 
        complies with the objectives and the authority required to be 
        cited in the appropriate Use of Force Report and the governing 
        principles set forth in section 101(b).
    (d) Emergency Consultations.--Under emergency circumstances 
affecting United States national security interests, the President 
should meet promptly with the Congressional Leadership Group on his own 
initiative or upon receipt of a special request from its co-chairmen 
that is made on their own initiative or pursuant to a request from a 
majority of the members of the Congressional Leadership Group.

SEC. 103. REPORTING REQUIREMENTS AND REFERRAL OF REPORTS.

    (a) Use of Force Report Required.--Not later than 48 hours after 
commencing a use of force abroad, the President shall submit to the 
Speaker of the House of Representatives and to the President pro 
tempore of the Senate a report stating--
            (1) the objective of such use of force;
            (2) in the absence of a declaration of war or specific 
        statutory authorization for such use of force, the specific 
        paragraph or paragraphs of section 101(a) setting forth the 
        authority for such use of force; and
            (3) the manner in which such use of force complies, and 
        will continue to comply with, the governing principles set 
        forth in section 101(b).
Any such report shall be known as a Use of Force Report and shall state 
that it is submitted pursuant to this subsection.
    (b) Periodic Reporting Required.--Whenever force is used abroad, 
the President shall, so long as the United States Armed Forces continue 
to be involved in the use of force, report to Congress periodically on 
the status, scope, and expected duration of such use of force. Such 
reports shall be submitted at intervals to be determined jointly by the 
President and the Congressional Leadership Group.
    (c) Referral of Reports.--Each report transmitted under this 
section shall be immediately referred to the Committee on Foreign 
Relations of the Senate and the Committee on International Relations of 
the House of Representatives.
    (d) Reconvening Congress.--If, when a report is transmitted under 
this section, the Congress has adjourned sine die or has adjourned for 
any period in excess of three calendar days, the Speaker of the House 
of Representatives and the Majority Leader of the Senate, if they deem 
it advisable (or if petitioned by a majority of the members of the 
Congressional Leadership Group or by 30 percent of the membership of 
either House of Congress) shall jointly request the President to 
convene Congress in order that it may consider the report and take 
appropriate action pursuant to this Act.

SEC. 104. CONDITIONS FOR EXTENDED USE OF FORCE.

    The President may continue a use of force abroad for longer than 60 
calendar days after the date by which the appropriate Use of Force 
Report is required to be submitted only if--
            (1) Congress has declared war or provided specific 
        statutory authorization for the use of force abroad beyond such 
        period;
            (2) the President has requested that Congress enact a joint 
        resolution constituting a declaration of war or statutory 
        authorization under section 105(a) but such joint resolution 
        has not been subject to a vote in each House of Congress, 
        notwithstanding the expedited procedures to which such joint 
        resolution would be entitled; or
            (3) the President has determined and certified to the 
        Speaker of the House of Representatives and the President pro 
        tempore of the Senate that an emergency exists that threatens 
        the supreme national interests of the United States and 
        requires the President to exceed such period of limitation.

SEC. 105. MEASURES ELIGIBLE FOR CONGRESSIONAL PRIORITY PROCEDURES.

    (a) Eligible Joint Resolutions.--A joint resolution shall be 
entitled to the expedited procedures set forth in section 201--
            (1) if such resolution--
                    (A) is introduced in a House of Congress by a 
                Member of Congress pursuant to a request by the 
                President made in writing to that Member, or
                    (B) is introduced in a House of Congress and 
                satisfies the cosponsorship criteria set forth in 
                subsection (c); and--
            (2) if such resolution--
                    (A) constitutes a declaration of war or specific 
                statutory authorization within the meaning of this Act, 
                or
                    (B) requires the President to terminate, limit, or 
                refrain from a use of force abroad.
    (b) Eligible Concurrent Resolutions.--A concurrent resolution shall 
be entitled to the expedited procedures set forth in section 201 if 
such resolution satisfies the cosponsorship criteria set forth in 
subsection (c) and contains a finding that--
            (1) a use of force abroad began on a specific date or that 
        a Use of Force Report was required to be submitted;
            (2) a use of force abroad has exceeded the period of 
        limitation set forth in section 104;
            (3) the President has acted outside the authority of 
        section 101(a) or abused the authority of section 104(3); or
            (4) a use of force is otherwise being conducted in a manner 
        inconsistent with the provisions of this Act.
    (c) Cosponsorship Criteria.--A joint resolution described in 
subsection (a)(1)(B) or a concurrent resolution described in subsection 
(b) is a resolution for purposes of section 201 if such resolution has 
been cosponsored--
            (1) by a majority of the members of the Congressional 
        Leadership Group who are members of the House of Congress in 
        which it is introduced; or
            (2) by 30 percent of the membership of the House of 
        Congress in which it is introduced.

SEC. 106. FUNDING LIMITATIONS.

    (a) Prohibition.--No funds made available under any provision of 
law may be obligated or expended for any use of force abroad 
inconsistent with the provisions of this Act.
    (b) Point of Order.--(1) Whenever the Congress adopts a concurrent 
resolution making a finding under paragraph (2), (3), or (4) of section 
105(b), it shall thereafter not be in order in either House of Congress 
to consider any bill or joint resolution or any amendment thereto, or 
any report of a committee of conference, which authorizes or provides 
budget authority to carry out such use of force.
    (2) Any committee of either House of Congress that reports any bill 
or joint resolution, and any committee of conference which submits any 
conference report to either such House, authorizing or providing budget 
authority which has the effect of providing resources to carry out any 
such use of force, shall include in the accompanying committee report 
or joint statement, as the case may be, a statement that budget 
authority for that purpose is authorized or provided in such bill, 
resolution, or conference report.

SEC. 107. JUDICIAL REVIEW.

    (a) Standing.--(1) Any Member of Congress may bring an action in 
the United States District Court for the District of Columbia for 
declaratory judgment on the grounds that the provisions of this Act 
have been violated.
    (2) A copy of any complaint in an action brought under paragraph 
(1) shall be promptly delivered to the Secretary of the Senate and the 
Clerk of the House of Representatives, and each House of Congress shall 
have the right to intervene in such action.
    (b) Three-Judge Court.--Any action brought under subsection (a) 
shall be heard and determined by a three-judge court in accordance with 
section 2284 of title 28, United States Code.
    (c) Justiciability.--(1) In any action brought under subsection 
(a), the United States District Court and the United States Supreme 
Court, if applicable, shall not refuse to make a determination on the 
merits based upon the doctrine of political question, remedial 
discretion, equitable discretion, ripeness, or any other finding of 
non-justiciability, unless such refusal is required by Article III of 
the Constitution.
    (2) Notwithstanding the number, position, or political party 
affiliation of any party to an action brought under subsection (a), it 
is the intent of Congress that the United States District Court and, if 
applicable, the United States Supreme Court infer that Congress would 
disapprove of any use of force inconsistent with the provisions of this 
Act and find that an impasse exists between Congress and the Executive 
which requires judicial resolution.
    (d) Judicial Remedies.--If the United States District Court, in an 
action brought under subsection (a), finds that a Use of Force Report 
was required to have been submitted under this Act but was not 
submitted, it shall issue an order declaring that the period set forth 
in section 104 has begun on the date of the United States District 
Court's order or on a previous date, as may be determined by the United 
States District Court.
    (e) Appeal to Supreme Court.--Notwithstanding any other provision 
of law, any order entered by the United States District Court in an 
action brought under subsection (a), including any finding that a Use 
of Force Report was or was not required to have been submitted to the 
Congress, shall be reviewable by appeal directly to the Supreme Court 
of the United States. Any such appeal shall be taken by a notice of 
appeal filed within 10 days after such order is entered, and the 
jurisdictional statement shall be filed within 30 days after such order 
is entered. No stay of an order issued pursuant to an action brought 
under this section shall be issued by a single Justice of the Supreme 
Court.
    (f) Expedited Judicial Consideration.--It shall be the duty of the 
District Court for the District of Columbia and the Supreme Court of 
the United States to advance on the docket and to expedite, to the 
greatest possible extent consistent with Article III of the 
Constitution, the disposition of any matter brought under this section.

SEC. 108. INTERPRETATION.

    (a) Construction.--Nothing in this Act may be construed as 
requiring any use of force abroad.
    (b) Specific Authorization Required.--Authority to use force may 
not be inferred--
            (1) from any provision of law, unless such provision states 
        that it is intended to constitute specific statutory 
        authorization within the meaning of this Act; or
            (2) from any treaty heretofore or hereafter ratified unless 
        such treaty is implemented by a statute stating that it is 
        intended to constitute specific statutory authorization within 
        the meaning of this Act.
    (c) Status of Certain Congressional Actions.--The disapproval by 
Congress of, or the failure of Congress to approve, a measure--
            (1) terminating, limiting, or prohibiting a use of force; 
        or
            (2) containing a finding described in section 105(b);
may not be construed as indicating congressional authorization or 
approval of, or acquiescence in, a use of force abroad, or as a 
congressional finding that a use of force abroad is being conducted in 
a manner consistent with this Act.

SEC. 109. SEVERABILITY.

    (a) Severability.--Except as provided in subsection (b), if any 
provision of this Act or the application thereof to any person or 
circumstance is held invalid, the remainder of the Act and the 
application of such provision to any other person or circumstance shall 
not be affected thereby.
    (b) Exception.--If section 101(b), 103, 104, or 106 of this Act or 
the application thereof to any person or circumstance is held invalid, 
section 101(a) of this Act shall be deemed invalid and the application 
thereof to any other person or circumstance shall be null and void.

SEC. 110. REPEAL OF THE WAR POWERS RESOLUTION.

    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.

                                 <all>

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