[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2387 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2387

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

                             July 30, 1998

   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 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.
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.

    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 Executive and Legislative 
        Branches of Government 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 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 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) Comprehensiveness 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) Use of force abroad.--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) Foreign country.--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) High seas.--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) International terrorism.--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 to seek asylum.
            (5) United states.--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.
            (6) Use of force report.--The term ``Use of Force Report'' 
        means the report described in section 103(a).

                      TITLE I--GENERAL PROVISIONS

SEC. 101. AUTHORITY.

    Except when there is 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.

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 Congress before any use of force abroad.
    (b) Congressional Leadership Group.--
            (1) Establishment.--To facilitate consultation between the 
        President and Congress, there is established within Congress 
        the Congressional Leadership Group on the Use of Force Abroad 
        (in this Act referred to as the ``Congressional Leadership 
        Group'').
            (2) Composition.--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) Co-chairmen.--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) In general.--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) With the president.--The President shall meet 
                at least once every four months with the Congressional 
                Leadership Group.
                    (B) With the secretary of state.--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) With the secretary of defense.--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) With the director of central intelligence.--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) Primary purposes.--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.
    (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.--Except when there is a 
declaration of war or statutory authorization for a specific use of 
force 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 of the Senate a report stating--
            (1) the objective of such use of force; and
            (2) the specific paragraph or paragraphs of section 101(a) 
        setting forth the authority for such use of force.
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, 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 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) In general.--Whenever 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) Committee reports.--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) Actions for declaratory judgments.--Any Member of 
        Congress may bring an action in the United States District 
        Court for the District of Columbia for declaratory judgment 
        that the President has failed to submit a Use of Force Report 
        within the period specified by section 103(a).
            (2) Right of intervention.--The plaintiff in an action 
        under paragraph (1) shall cause a copy of the complaint in an 
        action brought under paragraph (1) to be served on 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) Determination on the merits.--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 doctrines of 
        political question, remedial discretion, equitable discretion, 
        or ripeness, or on any other finding of non-justiciability, 
        unless such refusal is required by Article III of the 
        Constitution.
            (2) Presumption.--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 conclusively presume 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 section 103(a) of 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 
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 
United States 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 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) Resolution.--The term ``resolution'' means any 
        resolution described in subsection (a) or (b) of section 105.
            (2) Session days.--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) In general.--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) Status of other resolutions.--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) Bringing a resolution before a house of congress.--
                    (A) Motions to proceed.--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) Points of order.--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) Amendments and motions.--
                    (A) Time for debate.--
                            (i) Overall limitation.--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) Additional time.--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) Germaneness and relevancy.--Only amendments 
                which are germane and relevant to the resolution are in 
                order.
                    (C) Time for debate of each amendment.--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.
                    (D) Minority leader amendment.--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.
                    (E) Motions.--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) Vote on final passage.--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.--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) Where receiving house has originated a resolution.--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) Referral of resolutions of sending house.--The 
                resolution of the sending House shall not be referred 
                to a committee in the receiving House.
                    (B) Procedures in receiving house.--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) Different resolutions.--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) Identical resolutions.--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) Disposition of resolutions of receiving 
                house.--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) Where receiving house has not originated a 
        resolution.--If one House receives from the other House a 
        resolution before any such resolution is introduced in the 
        receiving 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) Motion to proceed.--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) Consideration of amendments.--
                    (A) Time for debate of motions.--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) Time for debate of amendments to motions.--The 
                time for debate for each amendment to a motion shall be 
                limited to one-half hour.
                    (C) Germaneness and relevancy.--Only motions 
                proposing amendments which are germane and relevant are 
                in order.
    (h) Procedures Applicable to Conference Reports and Presidential 
Action.--
            (1) In general.--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) Limitation on deliberations.--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) Action on conference reports.--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) Time for debate.--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) Amendments in disagreement.--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) Presidential vetoes.--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>