S.Amdt. 3123
What it does: Adds Sec. 8107. (a) None of the amounts appropriated or otherwise made available by this Act may be obligated or expended for military operations or activities against any other country without the enactment of an Act or the passage of a resolution passed by the Senate and the House of Representatives specifically authorizing such obligation or expenditure on page 207, between lines 8 and 9
Sen. Robert C. Byrd (D-WV)What it changes
1 change to H.R. 3222
Adds Sec. 8107. (a) None of the amounts appropriated or otherwise made available by this Act may be obligated or expended for military operations or activities against any other country without the enactment of an Act or the passage of a resolution passed by the Senate and the House of Representatives specifically authorizing such obligation or expenditure on page 207, between lines 8 and 9
Adds a sectionPrinted pageInserted: Sec. 8107. (a) None of the amounts appropriated or otherwise made available by this Act may be obligated or expended for military operations or activities against any other country without the enactment of an Act or the passage of a resolution passed by the Senate and the House of Representatives specifically authorizing such obligation or expenditure.
Inserted: (b) The prohibition in subsection (a) shall not apply with respect to the following military operations or activities:
Inserted: (1) Military operations or activities to directly repel an attack against the territory or the Armed Forces of the United States.
Inserted: (2) Military operations or activities in hot pursuit of hostile forces who are directly engaged in combat operations against the Armed Forces of the United States.
Inserted: (3) Intelligence collection activities of which Congress has been appropriately notified under applicable law.
Inserted: (c) Not later than 48 hours after determining to obligate or expend amounts otherwise prohibited from obligation or expenditure under subsection (a) for purposes of a military operation or activity described in subsection (b), the President shall submit to the Committee on Armed Forces and the Committee on Appropriations of the Senate and the Committee on Armed Forces and the Committee on Appropriations of the House of Representatives a report on such determination, including a justification for the determination.
Inserted: (d) Nothing in this section shall be construed as limiting the authority of the President under Article II, Section 2, of the Constitution of the United States.
Original wording
On page 207, between lines 8 and 9, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3123. Mr. BYRD submitted an amendment intended to be proposed by him to the bill H.R. 3222, making appropriations for the Department of Defense for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:
On page 207, between lines 8 and 9, insert the following:
Sec. 8107. (a) None of the amounts appropriated or otherwise made available by this Act may be obligated or expended for military operations or activities against any other country without the enactment of an Act or the passage of a resolution passed by the Senate and the House of Representatives specifically authorizing such obligation or expenditure.
(b) The prohibition in subsection (a) shall not apply with respect to the following military operations or activities:
(1) Military operations or activities to directly repel an attack against the territory or the Armed Forces of the United States.
(2) Military operations or activities in hot pursuit of hostile forces who are directly engaged in combat operations against the Armed Forces of the United States.
(3) Intelligence collection activities of which Congress has been appropriately notified under applicable law.
(c) Not later than 48 hours after determining to obligate or expend amounts otherwise prohibited from obligation or expenditure under subsection (a) for purposes of a military operation or activity described in subsection (b), the President shall submit to the Committee on Armed Forces and the Committee on Appropriations of the Senate and the Committee on Armed Forces and the Committee on Appropriations of the House of Representatives a report on such determination, including a justification for the determination.
(d) Nothing in this section shall be construed as limiting the authority of the President under Article II, Section 2, of the Constitution of the United States.
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Senate amendment submitted
October 2, 2007