[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 59 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. J. RES. 59
To authorize the use of military force against the Taliban, al Qaeda,
the Islamic State in Iraq and Syria, and designated associated forces,
and to provide an updated, transparent, and sustainable statutory basis
for counterterrorism operations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 16, 2018
Mr. Corker (for himself, Mr. Kaine, Mr. Flake, Mr. Coons, Mr. Young,
and Mr. Nelson) introduced the following joint resolution; which was
read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
JOINT RESOLUTION
To authorize the use of military force against the Taliban, al Qaeda,
the Islamic State in Iraq and Syria, and designated associated forces,
and to provide an updated, transparent, and sustainable statutory basis
for counterterrorism operations.
Whereas, since the enactment of the Authorization for Use of Military Force
(Public Law 107-40; 50 U.S.C. 1541 note) in response to the attacks of
September 11, 2001, the nature of the ongoing armed conflict against al
Qaeda, the Taliban, and associated forces has evolved to include
numerous non-state terrorist groups, including the Islamic State in Iraq
and Syria (ISIS), that pose a grave threat to the United States;
Whereas it is appropriate for Congress to reaffirm the domestic legal basis for
this ongoing conflict and the commitment of the political branches to
victory, and to reassert the role of Congress in authorizing and
conducting oversight of the use of military force; and
Whereas Congress supports the ultimate goal of the Administration's South Asia
strategy, including a political settlement between the Government of
Afghanistan and the Taliban that rejects terrorism, protects United
States national interests, is in accordance with the Afghan
constitution, and defends the rights of women and girls: 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 of 2018''.
SEC. 2. PURPOSE.
The purposes of this joint resolution are as follows:
(1) To reaffirm that Congress, the President, and the
American people stand united in their resolve to defeat the
Taliban, al Qaeda, ISIS, and designated associated forces, and
to express support for the United States Armed Forces and other
United States personnel in this continuing armed conflict.
(2) To replace the Authorization for Use of Military Force
(Public Law 107-40; 50 U.S.C. 1541 note) with an updated
authorization that--
(A) provides uninterrupted authority to use all
necessary and appropriate force in the current and
continuing armed conflict against the Taliban, al
Qaeda, ISIS, and associated forces;
(B) establishes rigorous congressional oversight
and improves transparency; and
(C) provides for regular congressional review and
debate of the authorization provided by this joint
resolution.
(3) To repeal 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).
SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) In General.--The President is authorized to use all necessary
and appropriate force against--
(1) the Taliban, al Qaeda, and the Islamic State in Iraq
and Syria (ISIS); and
(2) associated forces designated pursuant to section 5.
(b) War Powers Resolution.--
(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 (50 U.S.C.
1544(b)).
(2) Applicability of other requirements.--Nothing in this
resolution supersedes any requirement of the War Powers
Resolution (50 U.S.C. 1541 et seq.).
SEC. 4. QUADRENNIAL REVIEW OF THE AUTHORIZATION FOR USE OF MILITARY
FORCE.
(a) Presidential Submission.--On January 20, 2022, and again every
4 years thereafter, the President shall submit to Congress a report
regarding the use of military force pursuant to this joint resolution,
which shall include a proposal to repeal, modify, or leave in place
this joint resolution.
(b) Expedited Congressional Reconsideration.--During the 60-
calendar day period beginning on January 20, 2022, and again every 4
years thereafter, a qualifying resolution to repeal or modify this
joint resolution shall be entitled to expedited consideration pursuant
to section 9 of this joint resolution.
SEC. 5. CONGRESSIONAL OVERSIGHT.
(a) Associated Forces.--
(1) Existing associated forces.--The following
organizations, persons, or forces are designated associated
forces covered by the authorization for use of military force
provided by section 3(a) of this joint resolution:
(A) Al Qaeda in the Arabian Peninsula.
(B) Al Shabaab.
(C) Al Qaeda in Syria (including Al Nusrah Front).
(D) The Haqqani Network.
(E) Al Qaeda in the Islamic Mahgreb (AQIM).
(2) Designation.--Not later than 30 calendar days after the
date of the enactment of this joint resolution, the President
shall designate all organizations, persons, or forces other
than those listed in paragraph (1) that the President has
determined are associated forces covered by the authorization
for use of military force provided by section 3(a) of this
joint resolution by submitting to the appropriate congressional
committees and leadership a report listing all such associated
forces.
(3) New associated force.--Not later than 48 hours after
the President determines that a new organization, person, or
force is an associated force covered by the authorization for
use of military force provided by section 3(a) of this joint
resolution, the President shall designate such organization,
person, or force as an associated force by submitting a report
to the appropriate congressional committees and leadership.
(4) Report.--Each report required by paragraph (2) or (3)
shall contain detailed information providing the basis for the
designation of each associated force, including classified
information relating thereto.
(5) Congressional review.--During the 60-calendar day
period following the submission of any report pursuant to this
subsection that designates a new organization, person, or force
as an associated force (other than the associated forces
identified in paragraph (1)), a qualifying resolution to amend
this joint resolution to remove the authorization to use
military force against such associated force shall be entitled
to expedited procedures pursuant to section 9 of this joint
resolution.
(b) Geography.--
(1) In general.--
(A) Initial list.--Not later than 30 calendar days
after the date of the enactment of this joint
resolution, the President shall submit to the
appropriate congressional committees and leadership a
report detailing all foreign countries in which the
United States is using military force pursuant to this
joint resolution, including a detailed description of
the military objectives and the organizations, persons,
or forces targeted.
(B) New foreign countries.--Not later than 48 hours
after the use of military force in a new foreign
country pursuant to this joint resolution, the
President shall submit an updated report required by
this paragraph and consult with the appropriate
congressional committees and leadership. Authorization
for use of military force pursuant to this joint
resolution in a new foreign country is contingent upon
the reporting to Congress pursuant to this paragraph.
(C) New foreign country defined.--In this
resolution, the term ``new foreign country'' means a
foreign country other than Afghanistan, Iraq, Syria,
Somalia, Yemen, or Libya not previously reported to
Congress pursuant to this paragraph.
(2) Congressional review.--During the 60-calendar day
period following the submission of any report pursuant to this
subsection that identifies a new foreign country in which the
United States is using military force pursuant to this joint
resolution, a qualifying resolution to amend this joint
resolution to remove the authorization to use military force in
such foreign country shall be entitled to expedited procedures
pursuant to section 9 of this joint resolution.
(c) Form of Reports.--The reports required by this section may be
submitted in a consolidated report, as appropriate, and shall be
provided in unclassified form but may include a classified annex.
SEC. 6. REPEAL OF 2001 AUTHORIZATION FOR USE OF MILITARY FORCE AND
UNINTERRUPTED AUTHORITY.
(a) Repeal.--The Authorization for Use of Military Force (Public
Law 107-40; 115 Stat. 224; 50 U.S.C. 1541 note) is hereby repealed,
effective 120 calendar days after the date of the enactment of this
joint resolution.
(b) Uninterrupted Authority.--This joint resolution provides
uninterrupted authority for ongoing military operations conducted
pursuant to the Authorization for Use of Military Force (Public Law
107-40; 115 Stat. 224; 50 U.S.C. 1541 note) as of the date of the
enactment of this joint resolution. Subsection (a) shall not be
construed otherwise.
SEC. 7. REPEAL OF 2002 AUTHORIZATION FOR USE OF MILITARY FORCE.
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, effective 120 calendar days after the date of the
enactment of this joint resolution.
SEC. 8. DEFINITIONS.
In this joint resolution--
(1) the term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, the Select Committee on
Intelligence, and the Committee on Appropriations of
the Senate;
(B) the Majority and Minority Leaders of the
Senate;
(C) the Committee on Foreign Affairs, the Committee
on Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of
the House of Representatives; and
(D) the Speaker, the Majority Leader, and the
Minority Leader of the House of Representatives;
(2) the term ``associated forces'' means any organization,
person, or force, other than a sovereign nation, that the
President determines has entered the fight alongside and is a
co-belligerent with al Qaeda, the Taliban, or ISIS, in
hostilities against the United States or its coalition
partners, or that has been a part of al Qaeda, the Taliban,
ISIS, or an associated force designated pursuant to this
authorization and is engaged in hostilities against the United
States or its coalition partners; and
(3) the term ``coalition partner'' has the meaning given
that term in section 948a of title 10, United States Code, and
for the purposes of such definition the ``hostilities engaged
in by the United States'' are hostilities against al Qaeda, the
Taliban, ISIS, or an associated force designated pursuant to
this authorization.
SEC. 9. EXPEDITED PROCEDURES.
(a) Period for Review by Congress.--
(1) In general.--The expedited procedures provided by this
section shall be available for the following joint resolutions:
(A) Quadrennial reconsideration.--A joint
resolution that is described in subsection (b)(1)(A),
during the 60-calendar day period after the date on
which expedited congressional reconsideration begins
pursuant to section 4(b).
(B) Removal of a new associated force.--A joint
resolution that is described in subsection (b)(1)(B),
during the 60-calendar day period after the date on
which the President designates a new organization,
person, or force as an associated force by submitting
to the appropriate congressional committees and
leadership a report required under section 5(a).
(C) Removal of a new foreign country.--A joint
resolution that is described in subsection (b)(1)(C),
during the 60-calendar day period after the date on
which the President notifies the appropriate
congressional committees and leadership in a report
required by section 5(b)(1) that the United States is
using military force in a new foreign country pursuant
to this joint resolution.
(b) Qualifying Resolution.--
(1) Qualifying resolution.--In this joint resolution, the
term ``qualifying resolution'' means only a joint resolution of
either House of Congress--
(A) to repeal or modify this joint resolution--
(i) the title of which is as follows: ``A
joint resolution relating to the Authorization
for Use of Military Force of 2018.'';
(ii) the sole matter after the resolving
clause of which is the following: ``(a) The
Authorization for Use of Military Force of 2018
is hereby _____.'', with the blank space being
filled in with the words ``repealed'' or
``modified as provided in subsection (b)'';
(iii) the matter in subsection (b), if
applicable, is ``(b) Modification to the
Authorization for Use of Military Force of
2018.--____'', with the blank space being
filled in with any modifications to the
Authorization for Use of Military Force of 2018
that are relevant to such authorization; and
(iv) that is introduced during the 30-
calendar day period following each date on
which expedited congressional reconsideration
begins pursuant to section 4(b);
(B) to amend this joint resolution to remove the
authorization to use military force against an
associated force designated by the President pursuant
to this joint resolution--
(i) the title of which is as follows: ``A
joint resolution to remove the authorization
for use of military force against an associated
force provided by the Authorization for Use of
Military Force of 2018.'';
(ii) that does not have a preamble;
(iii) the sole matter after the resolving
clause of which is the following: ``The
Authorization for Use of Military Force of 2018
is hereby amended by adding at the end: `As of
the date of enactment of ____, this joint
resolution shall not authorize the use of
military force against ____.'.'', with the
first blank space being filled in with the
title of the qualifying resolution and the
second blank space being filled in with the
name of the associated force; and
(iv) that is introduced during the 30-
calendar day period after the date on which the
President designates such new associated force
by submitting to the appropriate congressional
committees and leadership a report required by
section 5(a); or
(C) to amend this joint resolution to remove the
authorization to use military force in a new foreign
country pursuant to this joint resolution--
(i) the title of which is as follows: ``A
joint resolution to remove the authorization
for use of military force in a foreign country
provided by the Authorization for Use of
Military Force of 2018.'';
(ii) that does not have a preamble;
(iii) the sole matter after the resolving
clause of which is the following: ``The
Authorization for Use of Military Force of 2018
is hereby amended by adding at the end: `As of
the date of enactment of ____ this joint
resolution shall not authorize the use of
military force in ____.'.'', with the first
blank space being filled in with the title of
the qualifying resolution and the second blank
space being filled in with the name of the
foreign country; and
(iv) that is introduced during the 30-
calendar day period after the date on which the
President notifies the appropriate
congressional committees and leadership in a
report required by section 5(b)(1) of this
joint resolution that the United States is
using military force in such new foreign
country pursuant to this joint resolution.
(2) Amendments.--(A) A qualifying resolution described in
paragraph (1)(A) shall be subject only to relevant amendment.
(B) No amendments shall be received to a qualifying
resolution described in subparagraph (B) or (C) of paragraph
(1).
(3) Floor consideration in house of representatives.--If a
committee of the House of Representatives to which a qualifying
resolution has been referred has not reported any qualifying
resolution within 10 calendar days after the expiration of the
applicable 30-calendar day period for introduction of the
qualifying resolution, that committee shall be discharged from
further consideration of any qualifying resolution and any
qualifying resolution shall be placed on the appropriate
calendar.
(4) Consideration in the senate.--
(A) Committee referral.--A qualifying resolution
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 any qualifying
resolution within 10 calendar days after the expiration
of the applicable 30-calendar day period for
introduction of the qualifying resolution, the
committee shall be discharged from consideration of any
qualifying resolution introduced during the applicable
30-calendar day period and any such resolution shall be
placed on the calendar.
(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, it is in
order at any time during the applicable period for
review provided by subsection (a), after the Committee
on Foreign Relations of the Senate reports a qualifying
resolution to the Senate or has been discharged from
consideration of such a qualifying resolution, to move
to proceed to the consideration of the qualifying
resolution, except that no motion to proceed shall be
in order after one motion to proceed to a qualifying
resolution has been disposed of with respect to the
same new associated force or the same new foreign
country, or, in the case of a qualifying resolution
described in subsection (b)(1)(A), after one motion to
proceed to such a qualifying resolution has been
disposed of. Consideration of the motion to proceed
shall be limited to not more than 8 hours equally
divided between the majority leader and the minority
leader or their designees. The motion to consider is
not subject to a motion to postpone. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. All points of order
against the qualifying resolution are waived. If, after
one motion to proceed to a qualifying resolution has
been disposed of, any qualifying resolution regarding
the same new associated force or the same new foreign
country remains on the calendar, a motion to proceed to
consider such resolution shall not be in order for the
remainder of the Congress. If, after one motion to
proceed to a qualifying resolution identified in
subsection (b)(1)(A) has been disposed of, any
qualifying resolution remains on the calendar, a motion
to proceed to consider such resolution shall not be in
order for the remainder of the Congress.
(D) Consideration of veto messages.--Debate in the
Senate of any veto message with respect to a qualifying
resolution, including all debatable motions and appeals
in connection with the joint resolution, shall be
limited to 10 hours, to be equally divided between, and
controlled by, the majority leader and the minority
leader or their designees.
(5) Rules of house of representatives and senate.--This
section is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such 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 a qualifying resolution, and 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.
SEC. 10. CONFORMING AMENDMENT.
Section 1021 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 10 U.S.C. 801 note) is amended--
(1) in subsection (a), by inserting ``and the Authorization
for Use of Military Force of 2018'' after ``the Authorization
for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541
note)'';
(2) in subsection (b)(2), by inserting ``, the Islamic
State in Iraq and Syria (ISIS),'' after ``the Taliban''; and
(3) in subsection (c)(1), by inserting ``or the
Authorization for Use of Military Force of 2018'' after ``the
Authorization for Use of Military Force''.
SEC. 11. SEVERABILITY.
If any provision of this joint resolution, or the application of
any provision to any person or circumstance, is held to be
unconstitutional, the remainder of this joint resolution, and the
application of the provisions of this joint resolution to any person or
circumstance, shall not be affected.
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