“Fast Track” Senate Procedures for Considering Human Rights and Security Assistance Resolutions

INSIGHTi

“Fast Track” Senate Procedures for
Considering Human Rights and Security
Assistance Resolutions
January 12, 2024
Section 502B(c)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. §2304(c)), as amended, establishes a
parliamentary mechanism whereby the House or Senate can formally request a statement from the
Secretary of State regarding human rights in a specific nation. After receiving that statement, Congress
may then consider separate legislation terminating, restricting, or continuing security assistance to that
nation. A simple resolution requesting such a statement, and a subsequent joint resolution regulating
security assistance to the nation in question, are, under the Act, both subject to consideration in the Senate
under “fast track” parliamentary procedures that limit debate, bar amendment, and preclude a filibuster of
the legislation. The Act does not establish any special parliamentary procedures governing House
consideration of either type of resolution.
Under 22 U.S.C. §2304(c), upon the request of either the House Foreign Affairs or Senate Foreign
Relations Committees, or by simple resolution (H.Res. or S.Res.) passed by the House or Senate, a formal
request for information on human rights in a specific country can be made of the Department of State.
The Secretary of State, with the assistance of the Assistant Secretary of State for Democracy, Human
Rights, and Labor, is required to provide a statement to both chamber’s foreign affairs committees within
30 days of receiving the request. The Act states that any such statement shall include:
• all available information about the observance of, and respect for, human rights and fundamental
freedom in that country, and a detailed description of practices by the recipient government with
respect thereto;
• the steps the United States has taken to (1) promote respect for and observance of human rights in
that country, and (2) discourage any practices which are inimical to internationally recognized
human rights, and publicly or privately call attention to, and disassociate the United States and
any security assistance provided for such country from, such practices;
• whether, in the opinion of the Secretary of State, notwithstanding any such practices, (1)
extraordinary circumstances exist which necessitate a continuation of security assistance for such
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country, and, if so, a description of such circumstances and the extent to which such assistance
should be continued (subject to such conditions as Congress may impose under this section); and
(2) on all the facts it is in the national interest of the United States to provide such assistance; and
• such other information as such committee or such House may request.
The Act states that failure to transmit the requested statement within 30 days of receipt of the request by
the Secretary of State means that “no security assistance shall be delivered to such country except as may
thereafter be specifically authorized by law … unless and until such statement is transmitted.” (This
provision was enacted prior to the Supreme Court decision in Immigration and Naturalization Service v.
Chadha (462 U.S. 919 (1983) which invalidated one- and two-chamber legislative vetoes, and its
constitutionality should be read in that light.)
In the event a statement with respect to a country is transmitted as requested, Congress may at any time
thereafter adopt a joint resolution (H.J.Res., S.J.Res.) terminating, restricting, or continuing security
assistance for such country. In the event such a joint resolution is enacted, such assistance shall be so
terminated, so restricted, or so continued, as the case may be.
Under 22 U.S.C. §2304(c), both types of resolution described above—a simple resolution (H.Res.,
S.Res.) requesting a statement on human rights in a country from the Secretary of State, as well as a joint
resolution (H.J.Res., S.J.Res.) terminating, restricting, or continuing security assistance for such
country—are subject to consideration in the Senate under expedited parliamentary procedures contained
in Sec. 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (ISAAECA).
As noted, there are no special procedures in the Act governing House consideration of such resolutions. In
brief, the ISAAECA procedures provide in the Senate, that:
• The simple or joint resolution will be referred to committee under normal Senate
procedures. If a Senate committee has not reported the resolution within 10 days
thereafter (excluding any days on which the chambers are absent pursuant to an
adjournment resolution), a privileged motion to discharge is in order on the Senate floor.
• A motion to discharge must be made by a supporter of the resolution, and is debatable for
one hour, evenly divided and controlled by the majority and minority leaders or their
designees.
• Once the committee of referral has reported or been discharged from further
consideration, the simple or joint resolution is placed on the Senate Calendar of Business.
• Once on the calendar, a non-debatable motion to proceed to consider the resolution is in
order on the Senate floor.
• If the motion to proceed is agreed to, the resolution becomes pending on the floor, and is
subject to up to 10 hours of debate. A non-debatable motion to further limit debate is in
order.
• No amendments or motions to recommit are permitted during Senate consideration of a
simple or joint resolution.
• If there are any debatable motions made during consideration of the resolution, they are
limited to one hour of debate falling within the overall 10-hour debate cap.
• When the debate time is used or yielded back, the Senate votes on passage of the
resolution.
• All votes taken during initial Senate consideration of the resolutions are simple majority
votes.
The expedited parliamentary procedures contained in 22 U.S.C. §2304(c) are considered to be internal
rules of the Senate, and may be overridden in whole or in part by unanimous consent.

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Author Information

Christopher M. Davis

Analyst on Congress and the Legislative Process




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IN12300 · VERSION 1 · NEW

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