[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3448-S3449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6320. Ms. SLOTKIN submitted an amendment intended to be proposed
by her to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
[[Page S3449]]
At the end of subtitle D of title X, add the following:
SEC. 1037. TERMINATION OF CERTAIN ACTIVATION AUTHORITIES.
(a) Authority for Posse Comitatus Exceptions.--Section 1385
of title 18, United States Code, is amended--
(1) by striking ``Whoever'' and inserting ``(a) In
General.--Whoever''; and
(2) by adding at the end the following new subsections:
``(b) Congressional Authority to Terminate.--Congress may
terminate any exception to subsection (a) at any time by
enacting a joint resolution of disapproval as described under
subsection (c).
``(c) Joint Resolution of Disapproval.--
``(1) In general.--In this subsection, the term `joint
resolution of disapproval' means only a joint resolution of
either House of Congress--
``(A) the title of which is as follows: `A joint resolution
expressing congressional disapproval of the deployment of
Armed Forces in [_____].', with the blank space being filled
with the location prohibited; and
``(B) the sole matter after the resolving clause of which
is the following: `Congress prohibits the deployment of Armed
Forces under title [___], United States Code, with respect to
[_____] in [_____] for [____].', with the first blank space
being filled with the title under which authority to send
troops was provided, the second blank space being filled with
a short description of the military actions prohibited, the
third blank space being filled with the location where the
deployment is prohibited, and the fourth blank space being
filled with the duration of the prohibition.
``(2) Introduction.--A joint resolution of disapproval may
be introduced--
``(A) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or the
minority leader's designee); and
``(B) in the House of Representatives, by the Speaker of
the House or the minority leader.
``(3) Consideration in the senate.--
``(A) Committee referral.--A joint resolution of
disapproval introduced in the Senate shall be referred to the
Committee on Armed Services of the Senate.
``(B) Reporting and discharge.--If the Committee on Armed
Services of the Senate has not reported a joint resolution of
disapproval within 5 calendar days after the date of referral
of the joint resolution, that committee shall be discharged
from further consideration of the joint resolution and the
joint resolution shall be placed on the appropriate calendar.
``(C) Proceeding to consideration.--Notwithstanding Rule
XXII of the Standing Rules of the Senate, it is in order at
any time after the Committee on Armed Services reports a
joint resolution of disapproval to the Senate or has been
discharged from consideration of such a joint resolution
(even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
joint resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived. The motion to proceed 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 not be in order.
``(D) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate, as the case may be, to the procedure
relating to a joint resolution of disapproval shall be
decided without debate.
``(E) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to a joint resolution of
disapproval, including all debatable motions and appeals in
connection with the joint resolution, shall be limited to 10
hours, to be equally divided between, and controlled by, the
Majority Leader and the Minority Leader or their designees.
``(F) Floor consideration in the house of
representatives.--If a committee of the House of
Representatives to which a joint resolution of disapproval
has been referred has not reported the joint resolution
within 5 calendar days after the date of referral, that
committee shall be discharged from further consideration of
the joint resolution.
``(4) Rules relating to the senate and the house of
representatives.--
``(A) Treatment of house of representatives joint
resolution in senate.--
``(i) Receipt before passage of senate resolution.--If,
before the passage by the Senate of a joint resolution of
disapproval, the Senate receives an identical joint
resolution from the House of Representatives, the following
procedures shall apply:
``(I) That joint resolution shall not be referred to a
committee.
``(II) With respect to that joint resolution--
``(aa) the procedure in the Senate shall be the same as if
no joint resolution had been received from the House of
Representatives; but
``(bb) the vote on passage shall be on the joint resolution
from the House of Representatives.
``(ii) Receipt following passage of senate resolution.--If,
following passage of a joint resolution of disapproval in the
Senate, the Senate receives an identical joint resolution
from the House of Representatives, that joint resolution
shall be placed on the appropriate Senate calendar.
``(iii) No companion resolution.--If a joint resolution of
disapproval is received from the House of Representatives,
and no companion joint resolution has been introduced in the
Senate, the Senate procedures under this subparagraph shall
apply to the House of Representatives joint resolution.
``(B) Treatment of senate joint resolution in house of
representatives.--In the House of Representatives, the
following procedures shall apply to a joint resolution of
disapproval received from the Senate (unless the House of
Representatives has already passed a joint resolution
relating to the same proposed action):
``(i) The joint resolution shall be referred to the
Committee on Armed Services of the House of Representatives.
``(ii) If the Committee on Armed Services of the House of
Representatives has not reported the joint resolution within
two calendar days after the date of referral, that committee
shall be discharged from further consideration of the joint
resolution.
``(iii) Beginning on the third legislative day after the
Committee on Armed Services of the House of Representatives
reports the joint resolution to the House of Representatives
or has been discharged from further consideration thereof, it
shall be in order to move to proceed to consider the joint
resolution in the House of Representatives. All points of
order against the motion are waived. Such a motion shall not
be in order after the House of Representatives has disposed
of a motion to proceed on the joint resolution. The previous
question shall be considered as ordered on the motion to its
adoption without intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by which the
motion is disposed of shall not be in order.
``(iv) The joint resolution shall be considered as read.
All points of order against the joint resolution and against
its consideration are waived. The previous question shall be
considered as ordered on the joint resolution to final
passage without intervening motion except two hours of debate
equally divided and controlled by the sponsor of the joint
resolution (or a designee) and an opponent. A motion to
reconsider the vote on passage of the joint resolution shall
not be in order.
``(C) Inapplicability to revenue measure in house of
representatives.--The provisions of this paragraph shall not
apply in the House of Representatives to a joint resolution
of disapproval that is a revenue measure.
``(D) Rules of senate and house of representatives.--This
paragraph is enacted by Congress--
``(i) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
and supersedes other rules only to the extent that it is
inconsistent with such rules; and
``(ii) with full recognition of the constitutional right of
either House to change the 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.
``(5) Congressional intent.--If a joint resolution of
disapproval with respect to the deployment of the Armed
Forces in a particular location is not introduced or enacted,
no court or agency may infer any intent of Congress from any
action or inaction of Congress with regard to such joint
resolution of disapproval.
``(d) Severability.--If any provision of this section, or
any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder
of this section and the application of this section to any
other person or circumstance shall not be affected.''.
(b) Termination Authority for Section 12406 Activations.--
Section 12406 of title 10, United States Code, is amended--
(1) by striking ``Whenever--'' and inserting ``(a) In
General.--Whenever''; and
(2) by adding at the end the following new subsections:
``(b) Congressional Authority to Terminate.--Congress may
terminate any activation pursuant to subsection (a) at any
time by enacting a joint resolution of disapproval.
``(c) Joint Resolution of Disapproval.--In this section,
the term `joint resolution of disapproval' has the meanings
given such term under subsection (c) of section 1385 of title
18.
``(d) Severability.--If any provision of this section, or
any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder
of this section and the application of this section to any
other person or circumstance shall not be affected.''.
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