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AMENDMENT NO.llll

Calendar No.lll

Purpose: To encourage a revision of the 2001 Authorization

for Use of Military Force.
IN THE SENATE OF THE UNITED STATES114th Cong., 2d Sess.

S. 2943
To authorize appropriations for fiscal year 2017 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.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by Mr. KAINE
Viz:
1

At the end of subtitle H of title XII, add the fol-

2 lowing:
3
4
5

SEC. 1227. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) PURPOSE.The purpose of this section is to en-

6 courage a new Administration to work with Congress in

7 its first two years to effectively revise the 2001 Authoriza8 tion for Use of Military Force (Public Law 10740; 50
9 U.S.C. 1541 note).

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(b) FINDINGS.Congress makes the following find-

2 ings:
3
4

(1) The 2001 Authorization for Use of Military

Force is now nearly 15 years old.

(2) A new Administration should determine how

the United States continues to fight terrorism in a

disciplined way consistent with the authorities pro-

vided under Article I and II of the Constitution and

the War Powers Resolution (50 U.S.C. 1541 et

10

seq.).

11

(c) QUALIFYING LEGISLATION DEFINED.In this

12 section, the term qualifying legislation means

13

(1) proposed legislation submitted by the Presi-

14

dent under subsection (d) not later than the date

15

specified in such subsection;

16

(2) in the event the President does not submit

17

such proposed legislation by such date, legislation

18

reported by the Committee on Foreign Relations of

19

the Senate or the Committee on Foreign Affairs of

20

the House of Representatives after such date and

21

not later than November 20, 2017, that refines,

22

modifies, or repeals the authorization for the use of

23

force provided in the Authorization for Use of Mili-

24

tary Force (Public Law 10740, 155 Stat. 224), en-

25

acted on September 18, 2001; or

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(3) in the event proposed legislation is not sub-

mitted or reported as described under paragraph (1)

or (2), respectively, legislation that refines, modifies,

or repeals the authorization for the use of force pro-

vided in the Authorization for Use of Military Force

(Public Law 10740, 155 Stat. 224) that is intro-

duced by any member of the Senate or House of

Representatives after November 20, 2017.

(d) REQUIRED PRESIDENTIAL SUBMISSION.Not

10 later than September 20, 2017, the President shall submit

11 to Congress proposed legislation that refines, modifies, or
12 repeals the authorization for the use of force provided in
13 the Authorization for Use of Military Force (Public Law
14 10740, 155 Stat. 224) (in this section referred to as
15 qualifying legislation).
16

(e) INTRODUCTION

17 SUBMITTED

BY

OF

QUALIFYING LEGISLATION

PRESIDENT.Proposed legislation sub-

18 mitted by the President under subsection (d) shall be in19 troduced in the Senate (by request) on the next day on
20 which the Senate is in session by the majority leader of
21 the Senate or by a member of the Senate designated by
22 the majority leader of the Senate and shall be introduced
23 in the House of Representatives (by request) on the next
24 legislative day by the majority leader of the House or by

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1 a member of the House designated by the majority leader
2 of the House.
3

(f) EXPEDITED CONSIDERATION

OF

QUALIFYING

4 LEGISLATION.
5
6
7

(1) CONSIDERATION

IN THE HOUSE OF REP-

RESENTATIVES.

(A) COMMITTEE

REFERRAL

AND

DIS-

CHARGE.If

which qualifying legislation described in para-

10

graph (1) or paragraph (3) of subsection (c)

11

has been referred has not reported such quali-

12

fying legislation within 10 legislative days after

13

such referral, that committee shall be dis-

14

charged from further consideration thereof.

15

a committee of the House to

(B) FLOOR

CONSIDERATION.When

the

16

committee to which qualifying legislation de-

17

scribed in paragraph (1) or paragraph (3) of

18

subsection (c) has been referred has reported,

19

or has been deemed to be discharged (under

20

subparagraph (A)) from further consideration

21

of, such qualifying legislation, or when a com-

22

mittee has reported qualifying legislation de-

23

scribed in subsection (c)(2), it is at any time

24

thereafter in order (even though a previous mo-

25

tion to the same effect has been disagreed to)

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for any Member of the respective House to

move to proceed to the consideration of the

qualifying legislation, and all points of order

against the motion to proceed are waived. The

motion is highly privileged in the House of Rep-

resentatives. The motion is not subject to

amendment, or to a motion to postpone, or to

a motion to proceed to the consideration of

other business. A motion to reconsider the vote

10

by which the motion is agreed to or disagreed

11

to shall not be in order.

12

(2) CONSIDERATION

13

IN THE SENATE.

(A) COMMITTEE

REFERRAL.Qualifying

14

legislation described in paragraph (1) or para-

15

graph (3) of subsection (c) that is introduced in

16

the Senate shall be referred to the Committee

17

on Foreign Relations.

18

(B) REPORTING

AND DISCHARGE.If

the

19

Committee on Foreign Relations has not re-

20

ported such qualifying legislation within 10

21

days upon which the Senate is in session after

22

such referral, that committee shall be dis-

23

charged from further consideration thereof and

24

such legislation shall be placed on the appro-

25

priate calendar.

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(C) FLOOR

CONSIDERATION.When

the

Committee on Foreign Relations has reported,

or has been discharged (under subparagraph

(B)) from further consideration of, qualifying

legislation described in paragraph (1) or para-

graph (3) of subsection (c), or when the Com-

mittee on Foreign Relations has reported quali-

fying legislation described in subsection (c)(2),

it is at any time thereafter in order (even

10

though a previous motion to the same effect has

11

been disagreed to) for any Senator to move to

12

proceed to the consideration of the qualifying

13

legislation, and all points of order against the

14

motion to proceed are waived. The motion is

15

not subject to a motion to postpone, or to a mo-

16

tion to proceed to the consideration of other

17

business. The motion is not debatable. A motion

18

to reconsider the vote by which the motion is

19

agreed to or disagreed to shall not be in order.

20

(3) RULES

21

AND SENATE.This

22

gress

OF HOUSE OF REPRESENTATIVES

subsection is enacted by Con-

23

(A) as an exercise of the rulemaking power

24

of the Senate and the House of Representa-

25

tives, respectively, and as such it is deemed a

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part of the rules of each House, respectively,

but applicable only with respect to the proce-

dure to be followed in that House in the case

of legislation described in those sections, and it

supersedes other rules only to the extent that it

is inconsistent with such rules; and

(B) with full recognition of the constitu-

tional right of either House to change the rules

(so far as relating to the procedure of that

10

House) at any time, in the same manner, and

11

to the same extent as in the case of any other

12

rule of that House.

13

(g) REPORTS TO CONGRESS.

14

(1) STRATEGY.Not later than September 20,

15

2017, the President shall submit to the appropriate

16

congressional committees and leadership a written

17

report setting forth a comprehensive strategy of the

18

United States, encompassing military, economic, hu-

19

manitarian, and diplomatic efforts, to protect Ameri-

20

cans from al Qaeda, the Taliban, the Islamic State

21

of Iraq and the Levant (ISIL), and transnational

22

terrorist organizations that the President has deter-

23

mined threaten the national security of United

24

States and to support international partners in their

25

fight to defeat such organizations.

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(2) IMPLEMENTATION
(A) IN

OF STRATEGY.

GENERAL.Not

later than Sep-

tember 20, 2017, and every 180 days there-

after, the President shall submit to the appro-

priate congressional committees and leadership

a description and assessment of the implemen-

tation of the strategy set forth in the report re-

quired by paragraph (1), including a description

of any substantive change to the comprehensive

10

strategy, including the reason for the change

11

and the changes effect on the rest of the com-

12

prehensive strategy.

13

(B) REQUIRED

ELEMENTS OF THE RE-

14

PORT.The

15

graph (A) shall include the specific military ac-

16

tions taken to address the threat posed by

17

transnational terrorist organizations and associ-

18

ated persons or forces, including

19
20
21
22
23
24

report required under subpara-

(i) the persons and forces targeted by

such actions;
(ii) the nature and location of such
actions;
(iii) an evaluation of the effectiveness
of such actions; and

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(iv) a description of and justification

for the specific authorities relied upon for

such actions.

(3) REPORT

ON ACTIONS IN FOREIGN COUN-

TRIES.Not

enactment of this Act, the President shall submit to

the appropriate congressional committees and lead-

ership a report detailing all foreign countries in

which the United States government is conducting,

10

or is preparing to conduct, specific actions described

11

in paragraph (2)(B), and shall update this report no

12

less than 48 hours before such actions take place in

13

a new country, unless exigent circumstances exist.

14

later than 30 days after the date of the

(4) COVERED

PERSONS

AND

FORCES.Not

15

later than 30 days after the date of the enactment

16

of this Act, the President shall submit to Congress

17

a list of the organizations, persons, or forces against

18

which the United States is conducting military oper-

19

ations pursuant to the 2001 Authorization for Use

20

of Military Force (Public Law 107-40, 155 Stat.

21

224) or the Authorization for Use of Military Force

22

Against Iraq Resolution of 2002 (Public Law 107

23

243; 116 Stat. 1498; 50 U.S.C. 1541 note), or Arti-

24

cle II of the Constitution of the United States, re-

25

spectively, along with a justification for the inclusion

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of such organizations, persons, or forces, and classi-

fied information relating thereto. The list shall be

updated at least every 90 days.

(5) APPROPRIATE

CONGRESSIONAL

COMMIT-

TEES AND LEADERSHIP DEFINED.In

section, the term appropriate congressional commit-

tees and leadership means

this sub-

(A) the Committee on Foreign Relations,

the Committee on Armed Services, the Select

10

Committee on Intelligence, the Committee on

11

Appropriations, and the Majority and Minority

12

Leaders of the Senate; and

13

(B) the Committee on Foreign Affairs, the

14

Committee on Armed Services, the Permanent

15

Select Committee on Intelligence, the Com-

16

mittee on Appropriations, and the Speaker, Ma-

17

jority Leader, and Minority Leader of the

18

House of Representatives.