S.Amdt. 4497

SA 4497. Mr. KAINE (for himself and Mr. Merkley) submitted an
amendment intended to be proposed by him to the bill 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; which
was ordered to lie on the table; as follows:

At the end of subtitle H of title XII, add the following:

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

(a) Purpose.--The purpose of this section is to encourage a
new Administration to work with Congress in its first two
years to effectively revise the 2001 Authorization for Use of
Military Force (Public Law 107-40; 50 U.S.C. 1541 note).
(b) Findings.--Congress makes the following findings:
(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 provided under Article I and
II of the Constitution and the War Powers Resolution (50
U.S.C. 1541 et seq.).
(c) Qualifying Legislation Defined.--In this section, the
term ``qualifying legislation'' means--
(1) proposed legislation submitted by the President under
subsection (d) not later than the date specified in such
subsection;
(2) in the event the President does not submit such
proposed legislation by such date, legislation reported by
the Committee on Foreign Relations of the Senate or the
Committee on Foreign Affairs of the House of Representatives
after such date and not later than November 20, 2017, that
refines, modifies, or repeals the authorization for the use
of force provided in the Authorization for Use of Military
Force (Public Law 107-40, 155 Stat. 224), enacted on
September 18, 2001; or
(3) in the event proposed legislation is not submitted or
reported as described under paragraph (1) or (2),
respectively, legislation that refines, modifies, or repeals
the authorization for the use of force provided in the
Authorization for Use of Military Force (Public Law 107-40,
155 Stat. 224) that is introduced by any member of the Senate
or House of Representatives after November 20, 2017.
(d) Required Presidential Submission.--Not later than
September 20, 2017, the President shall submit to Congress
proposed legislation that refines, modifies, or repeals the
authorization for the use of force provided in the
Authorization for Use of Military Force (Public Law 107-40,
155 Stat. 224) (in this section referred to as ``qualifying
legislation'').
(e) Introduction of Qualifying Legislation Submitted by
President.--Proposed legislation submitted by the President
under subsection (d) shall be introduced in the Senate (by
request) on the next day on which the Senate is in session by
the majority leader of the Senate or by a member of the
Senate designated by the majority leader of the Senate and
shall be introduced in the House of Representatives (by
request) on the next legislative day by the majority leader
of the House or by a member of the House designated by the
majority leader of the House.
(f) Expedited Consideration of Qualifying Legislation.--
(1) Consideration in the house of representatives.--
(A) Committee referral and discharge.--If a committee of
the House to which qualifying legislation described in
paragraph (1) or paragraph (3) of subsection (c) has been
referred has not reported such qualifying legislation within
10 legislative days after such referral, that committee shall
be discharged from further consideration thereof.
(B) Floor consideration.--When the committee to which
qualifying legislation described in paragraph (1) or
paragraph (3) of subsection (c) has been referred has
reported, or has been deemed to be discharged (under
paragraph (1) of this subsection) from further consideration
of, such qualifying legislation, or when a committee has
reported qualifying legislation described in subsection
(c)(2), it is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to) 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 Representatives. 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 by which the
motion is agreed to or disagreed to shall not be in order. If
a motion to proceed to the consideration of the qualifying
legislation is agreed to, the qualifying legislation shall
remain the unfinished business of the House until disposed
of.
(2) Consideration in the senate.--
(A) Committee referral.--Qualifying legislation described
in paragraph (1) or paragraph (3) of subsection (c) that is
introduced in the Senate shall be referred to the Committee
on Foreign Relations.
(B) Reporting and discharge.--If the Committee on Foreign
Relations has not reported such qualifying legislation within
10 days upon which the Senate is in session after such
referral, that committee shall be discharged from further
consideration thereof and such legislation shall be placed on
the appropriate calendar.
(C) Floor consideration.--When the Committee on Foreign
Relations has reported, or has been discharged (under
paragraph (1) of this subsection) from further consideration
of, qualifying legislation described in paragraph (1) or
paragraph (3) of subsection (c), or when the Committee on
Foreign Relations has reported qualifying legislation
described in subsection (c)(2), it is at any time thereafter
in order (even though a previous motion to the same effect
has been disagreed to) for any Senator, notwithstanding Rule
XXII of the Standing Rules of the Senate, 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 not subject to a motion to postpone, or to a motion
to proceed to the consideration of other business. The motion
is not debatable. A motion to reconsider the vote by which
the motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of the
qualifying legislation is agreed to, the qualifying
legislation shall remain the unfinished business of the
Senate until disposed of.
(3) Rules of house of representatives and senate.--This
subsection is enacted by Congress--

[[Page S3565]]

(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
it is deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure 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 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.
(g) Reports to Congress.--
(1) Strategy.--Not later than September 20, 2017, the
President shall submit to the appropriate congressional
committees and leadership a written report setting forth a
comprehensive strategy of the United States, encompassing
military, economic, humanitarian, and diplomatic efforts, to
protect Americans from al Qaeda, the Taliban, the Islamic
State of Iraq and the Levant (wISIL), and transnational
terrorist organizations that the President has determined
threaten the national security of United States and to
support international partners in their fight to defeat such
organizations.
(2) Implementation of strategy.--
(A) In general.--Not later than September 20, 2017, and
every 180 days thereafter, the President shall submit to the
appropriate congressional committees and leadership a
description and assessment of the implementation of the
strategy set forth in the report required by paragraph (1),
including a description of any substantive change to the
comprehensive strategy, including the reason for the change
and the change's effect on the rest of the comprehensive
strategy.
(B) Required elements of the report.--The report required
under subparagraph (A) shall include the specific military
actions taken to address the threat posed by transnational
terrorist organizations and associated persons or forces,
including--
(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
(iv) a description of and justification for the specific
authorities relied upon for such actions.
(3) Report on actions in foreign countries.--Not later than
30 days after the date of the enactment of this Act, the
President shall submit to the appropriate congressional
committees and leadership a report detailing all foreign
countries in which the United States government is
conducting, or is preparing to conduct, specific actions
described in paragraph (2)(B), and shall update this report
no less than 48 hours before such actions take place in a new
country, unless exigent circumstances exist.
(4) Covered persons and forces.--Not later than 30 days
after the date of the enactment of this Act, the President
shall submit to Congress a list of the organizations,
persons, or forces against which the United States is
conducting military operations pursuant to the 2001
Authorization for Use of Military Force (Public Law 107-40,
155 Stat. 224) or the Authorization for Use of Military Force
Against Iraq Resolution of 2002 (Public Law 107-243; 116
Stat. 1498; 50 U.S.C. 1541 note), or Article II of the
Constitution of the United States, respectively, along with a
justification for the inclusion of such organizations,
persons, or forces, and classified information relating
thereto. The list shall be updated at least every 90 days.
(5) Appropriate congressional committees and leadership
defined.--In this subsection, the term ``appropriate
congressional committees and leadership'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Select Committee on Intelligence, the
Committee on Appropriations, and the Majority and Minority
Leaders of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Permanent Select Committee on
Intelligence, the Committee on Appropriations, and the
Speaker, Majority Leader, and Minority Leader of the House of
Representatives.
(h) Repeal.--The Authorization for Use of Military Force
(Public Law 107-40; 50 U.S.C. 1541 note) shall terminate on
January 1, 2019.
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