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Code · BILL · 117th Congress · H.R. 5410 (Introduced in House) — To provide for clarification and limitations with respect to the exercise of national security powers, and for other... · Sec. 105

Sec. 105. Congressional priority procedures for joint resolution

1,185 words·~5 min read·/bill/117/hr/5410/ih/section-105·

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The War Powers Resolution, as amended by this Act, is further amended by inserting after section 4 the following: Any joint resolution introduced to provide specific statutory authorization under section 4(a) or under section 4(b) before the expiration of the time period specified in paragraph
(1)or
(2)of section 4(c) shall be referred to the committee of jurisdiction of the House of Representatives or of the Senate, as applicable, and such committee shall report one such joint resolution, together with its recommendations. If a committee of the House to which such joint resolution has been referred has not reported it, within 10 legislative days in the House of Representatives or 10 session days in the Senate after the date of referral, that committee shall be discharged from further consideration. In the House of Representatives: Between the third legislative day and the 13th legislative day after the committee of jurisdiction reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order for the chair of the committee of jurisdiction (or a designee) or the sponsor of such joint resolution (or a designee) to announce his or her intent to offer a motion to proceed and to move to proceed to consider the joint resolution, except that the chair of the committee (or a designee) shall have priority in recognition to offer the motion followed by the sponsor. All points of order against such motion are waived, except that such a motion shall not be in order after the House has disposed of the same joint resolution. A motion to proceed to consider any other joint resolution introduced to provide specific statutory authorization under section 4(a) or under section 4(b) authorizing the use of United States forces for the same purpose as the joint resolution described in preceding sentence shall not be in order after a motion to proceed on the joint resolution described in the preceding sentence has been offered. Such motion to proceed shall be scheduled within two legislative days after the date of such announcement. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by a proponent and an opponent. A motion to reconsider the vote by which the motion is disposed of shall not be in order. The motion to proceed shall be subject to a motion to table. Upon adoption of the motion to proceed, such joint resolution shall be considered as read. All points of order against such joint resolution, and against its consideration, are waived. The previous question shall be considered as ordered on such joint resolution to final passage without intervening motion, except that two hours of debate shall be equally divided and controlled by— the chair of the committee of jurisdiction (or a designee) and the ranking member of that committee (or a designee); or if the sponsor of the such joint resolution made the motion to proceed, the sponsor (or a designee) and an opponent. A motion to reconsider the vote on passage of such joint resolution shall not be in order. In the Senate— Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Foreign Relations reports such joint resolution to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such joint resolution, and all points of order against such joint resolution or against its consideration, 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. If a motion to proceed to the consideration of such joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. Debate on such joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. The vote on passage shall occur immediately following the conclusion of the debate on such joint resolution and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the Senate. 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 such joint resolution shall be decided without debate. Debate in the Senate of any veto message with respect to such resolution, including all debatable motions and appeals in connection with such 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. If, before passage by one House of a joint resolution of that House, that House receives a joint resolution to provide specific statutory authorization from the other House, then the following procedures shall apply: The joint resolution of the other House shall not be referred to a committee. With respect to the joint resolution of the House receiving the legislation— the procedure in that House shall be the same as if no joint resolution had been received from the other House; but the vote on passage shall be on the joint resolution of the other House. If one House fails to introduce a joint resolution to provide specific statutory authorization under section 4(a) or under section 4(b), the joint resolution of the other House shall be entitled to expedited floor procedures under this section. If, following passage of the joint resolution in the Senate, the Senate then receives a joint resolution to provide specific statutory authorization from the House of Representatives, the joint resolution shall not be debatable. The provisions of this subsection shall not apply in the House of Representatives to a joint resolution which is a revenue measure. This section is enacted by Congress— as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such are 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 legislation described in those sections, and supersede other rules only to the extent that they are inconsistent with such rules; and 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. .
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