Sec. 5. Congressional review
1,289 words·~6 min read·
/bill/118/s/4537/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
During the 15-legislative-day period following the submission of a notification described in section 4(b), the President may not take any action to pause, suspend, delay, or abrogate the delivery of covered defense articles and defense services to Israel described in such notification. If a joint resolution of disapproval relating to a notification described in section 4(b) is introduced, the President may not take any action relating to the pause, suspension, delay, or abrogation of the delivery of the covered defense articles and defense services described in such notification for a period of 10 legislative days, unless the joint resolution sooner passes both Houses of Congress.
If a joint resolution of disapproval relating to notification described in section 4(b) passes both Houses of Congress, the President may not take any action relating to the pause, suspension, delay, or abrogation of the delivery of the covered defense articles and defense services described in such notification for a period of 12 legislative days after the date of passage of the joint resolution of disapproval, unless the President sooner vetoes the joint resolution of disapproval.
If the President vetoes the joint resolution of disapproval, the President may not take the action described in such notification for a period of 10 legislative days after the date of the President’s veto, unless the joint resolution sooner fails of passage on reconsideration in either House. If a joint resolution of disapproval relating to notification described in section 4(b) is enacted into law, the President may not take any action relating to the pause, suspension, delay, or abrogation of the delivery to Israel of the covered defense articles and defense services described in such notification for a period of 180 days, at which point, the President shall submit a new notification relating to any such action.
In this section, the term joint resolution of disapproval means only a joint resolution of either House of Congress— the title of which is as follows: A joint resolution disapproving the President’s proposal to pause, suspend, delay, or abrogate the delivery of covered defense articles and defense services to Israel. ; and the sole matter after the resolving clause of which is the following: Congress disapproves of the action relating to pause, suspend, delay, or abrogate the delivery of covered defense articles and defense services to Israel proposed by the President in the notification described in section 4(b) of the Maintaining Our Ironclad Commitment to Israel’s Security Act on _____ relating to _____. , with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action.
During the period of 15 legislative days provided for under subsection (a), a joint resolution of disapproval may be introduced— in the House of Representatives, by the majority leader or the minority leader; and in the Senate, by the majority leader (or the majority leader’s designee) or the minority leader (or the minority leader’s designee). 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 legislative days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.
Beginning on the third legislative day after each committee to which a joint resolution has been referred reports the joint resolution to the House 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. All points of order against the motion are waived. Such a motion shall not be in order after the House 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. 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 2 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. A joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Foreign Relations. If the Committee on Foreign Relations has not reported the joint resolution within 5 legislative 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.
Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Foreign Relations 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. 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. 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.
If, before the passage by one House of a joint resolution of that House, that House receives a joint resolution 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 a 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 under this section, 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 companion measure from the House of Representatives, the companion measure shall not be debatable. The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of disapproval that is a revenue measure.
This subsection is enacted by Congress— 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 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.