[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 89 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. J. RES. 89
To authorize the use of United States Armed Forces against al-Qaeda,
the Taliban, the Islamic State of Iraq and Syria, successor
organizations, and associated forces.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 15, 2017
Mr. Banks of Indiana (for himself and Mr. Jones) submitted the
following joint resolution; which was referred to the Committee on
Foreign Affairs
_______________________________________________________________________
JOINT RESOLUTION
To authorize the use of United States Armed Forces against al-Qaeda,
the Taliban, the Islamic State of Iraq and Syria, successor
organizations, and associated forces.
Whereas, on September 11, 2001, al-Qaeda committed acts of treacherous violence
against the United States and the citizens of the United States;
Whereas such acts render it both necessary and appropriate that the United
States exercise its rights to self-defense and to protect the citizens
of the United States both at home and abroad;
Whereas al-Qaeda and its affiliates continue to represent a threat to the people
of the United States and the national security of the United States;
Whereas the Taliban continues to conduct attacks against people of the United
States and allies of the United States, including the Government of
Afghanistan;
Whereas the terrorist organization referred to as the ``Islamic State of Iraq
and Syria'' (ISIS), also known as the ``Islamic State in Iraq and the
Levant'' (ISIL), the ``Islamic State'', or ``Daesh'', has systematically
targeted, kidnapped, and killed innocent men, women, and children
throughout Iraq and Syria;
Whereas the Islamic State of Iraq and Syria poses a grave threat to the people
of Iraq and Syria, the stability of the Middle East, and the national
security interests of the United States and allies and partners of the
United States;
Whereas the Islamic State of Iraq and Syria has conducted, supported, and
inspired terrorist attacks that have resulted in the murder of people of
the United States and allies of the United States;
Whereas the Islamic State of Iraq and Syria has committed genocide, despicable
acts of violence, and mass executions against religious and ethnic
minorities who do not subscribe to the depraved, violent, and oppressive
ideology of the Islamic State of Iraq and Syria; and
Whereas the Islamic State of Iraq and Syria has targeted women and girls with
horrific acts of violence, including abduction, enslavement, torture,
rape, and forced marriage: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``Authorization for Use
of Military Force Against al-Qaeda, the Taliban, and the Islamic State
of Iraq and Syria''.
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) In General.--The President is authorized to use all necessary
and appropriate force against al-Qaeda, the Taliban, the Islamic State
of Iraq and Syria, successor organizations, and associated forces.
(b) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution (50 U.S.C.
1547(a)(1)), Congress declares that this section is intended to
constitute specific statutory authorization within the meaning
of section 5(b) of the War Powers Resolution.
(2) Applicability of other requirements.--Nothing in this
joint resolution supercedes any requirement of the War Powers
Resolution (50 U.S.C. 1541 et seq.).
SEC. 3. AUTHORITY TO DETAIN.
(a) In General.--The authority of the President to use all
necessary and appropriate force pursuant to section 2(a) includes the
authority for the Armed Forces of the United States to detain, pending
disposition under the law of war, persons who are a part of or
substantially supported al-Qaeda, the Taliban, the Islamic State of
Iraq and Syria, any successor organization, or any associated force of
those organizations.
(b) Disposition Under Law of War.--The disposition of a person
under the law of war described in subsection (a) includes the
following:
(1) Detention under the law of war without trial until the
end of the hostilities authorized by section 2(a).
(2) Trial under chapter 47A of title 10, United States
Code.
(3) Transfer for trial by an alternative court or competent
tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person's
country of origin, any other foreign country, or any other
foreign entity.
SEC. 4. STRATEGY TO DEFEAT THE ISLAMIC STATE OF IRAQ AND SYRIA.
(a) Strategy Required.--Not later than 30 days after the date of
the enactment of this joint resolution, the President shall submit to
the appropriate congressional committees a comprehensive strategy to
defeat the Islamic State of Iraq and Syria.
(b) Elements.--The comprehensive strategy required by subsection
(a) shall, at a minimum, detail the following:
(1) Vital and important United States national security
interests threatened by the Islamic State of Iraq and Syria.
(2) Strategic and operational objectives.
(3) Milestones for assessing progress toward political,
diplomatic, development, informational, and military goals.
(4) Risks for the strategy.
(5) Public diplomacy, information operations, and cyber
strategies to isolate and delegitimize the Islamic State of
Iraq and Syria and its radical Islamist ideology.
(6) Actual and proposed contributions of coalition
partners.
(7) Humanitarian assistance and support for displaced
civilian populations.
(8) Mechanisms to cut off or seize the financial support of
the Islamic State of Iraq and Syria, including financial
transfers, money laundering, oil revenue, human trafficking,
sales of looted art and historical artifacts, and other sources
of revenue.
(9) Plans for countering the international travel of
terrorists of the Islamic State of Iraq and Syria.
(10) Plans for the law of war detention and interrogation
of combatants of the Islamic State of Iraq and Syria.
(11) Plans for sustainable governance and security in areas
retaken from the Islamic State of Iraq and Syria.
(12) An endstate and exit strategy for any planned combat
deployment of United States conventional ground forces.
(13) An estimate of the costs of carrying out the strategy.
(14) Plans to inform periodically the people of the United
States about the campaign to defeat the Islamic State of Iraq
and Syria.
(c) Form of Submission.--The plan submitted under subsection (a)
shall be submitted in classified form with an unclassified summary.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Foreign Affairs, the Committee on
Homeland Security, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 5. REPORTS TO CONGRESS.
(a) Reports.--Not less frequently than once every 60 days, the
President shall submit to Congress a report on matters relevant to this
joint resolution, including actions taken pursuant to the exercise of
authority granted by this joint resolution.
(b) Single Consolidated Report.--To the extent that the submission
of any report described in subsection (a) coincides with the submission
of any other report on matters relevant to this joint resolution
otherwise required to be submitted to Congress pursuant to the
reporting requirements of the War Powers Resolution, all such reports
may be submitted as a single consolidated report to Congress.
SEC. 6. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) Repeal.--The Authorization for Use of Military Force (Public
Law 107-40; 50 U.S.C. 1541 note) is hereby repealed.
(b) Continuation of Ongoing Operations and Activities.--Nothing in
this section shall be construed as prohibiting the continuation after
the date of the enactment of this joint resolution of operations and
activities being carried out under the Authorization for Use of
Military Force as of the date of the enactment of this joint
resolution.
SEC. 7. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ.
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) is
hereby repealed.
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