Sec. 2. Termination authority for posse comitatus exceptions
1,247 words·~6 min read·
/bill/119/s/3167/is/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1385 of title 18, United States Code, is amended— by striking Whoever and inserting
(a); and In general .—Whoever by adding at the end the following new subsections: Congress may terminate any exception to subsection
(a)at any time by enacting a joint resolution of disapproval as described under subsection (c). In this subsection, 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 expressing congressional disapproval of the deployment of Armed Forces in [_____]. , with the blank space being filled with the location prohibited; and 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. A joint resolution of disapproval may be introduced— in the Senate, by the majority leader (or the majority leader’s designee) or the minority leader (or the minority leader’s designee); and in the House of Representatives, by the Speaker of the House or the minority leader. A joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Armed Services of the Senate. 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. 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. 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 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. 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: That joint resolution shall not be referred to a committee. With respect to that joint resolution— the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but the vote on passage shall be on the joint resolution from the House of Representatives. 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. 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. 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): The joint resolution shall be referred to the Committee on Armed Services of the House of Representatives. 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. 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. 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. 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 paragraph 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. 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. 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. .