IIA 

115TH CONGRESS 

1ST SESSION S. J. RES. 43 

To authorize the use of United States Armed Forces against al-Qaeda, the 

Taliban, and the Islamic State of Iraq and Syria, and associated persons 

or forces, that are engaged in hostilities against the United States, 

the Armed Forces, or its other personnel. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2017 

Mr. FLAKE (for himself and Mr. KAINE) introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations 

JOINT RESOLUTION 

To authorize the use of United States Armed Forces against 

al-Qaeda, the Taliban, and the Islamic State of Iraq 

and Syria, and associated persons or forces, that are 

engaged in hostilities against the United States, the 

Armed Forces, or its other personnel. 

Whereas the Authorization for Use of Military Force (Public 

Law 107–40; 50 U.S.C. 1541 note) was approved on 

September 14, 2001; 

Whereas the Authorization for Use of Military Force Against 

Iraq Resolution of 2002 (Public Law 107–243; 50 U.S.C. 

1541 note) was approved on October 16, 2002; 

Whereas, over the course of more than 15 years, the Authorization for Use of Military Force has been used by the 


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executive branch in at least 37 instances to justify sending the Armed Forces to 14 nations across the world to 

take action against terrorist organizations and for other 

purposes; 

Whereas the purpose of the Authorization for Use of Military 

Force, to authorize military action against the perpetrators responsible for the attacks launched against the 

United States on September 11, 2001, remains valid and 

critical to our national security; 

Whereas the purpose of the Authorization for Use of Military 

Force Against Iraq Resolution of 2002, to address the 

threat posed by the regime of Saddam Hussein in Iraq, 

is no longer valid; 

Whereas the overwhelming majority of members of the 115th 

Congress were not present when the debate and vote on 

the Authorization for Use of Military Force took place 

during the 107th Congress; 

Whereas the scope and purpose of the Authorization for Use 

of Military Force is in need of review and refinement in 

light of the lessons learned since its passage; 

Whereas the Islamic State of Iraq and Syria grew out of alQaeda and is now its own organization that poses a grave 

threat to the people of the United States, the people and 

territorial integrity of Iraq and Syria, regional stability, 

and the national security interests of the United States 

and its allies and partners; and 

Whereas the United States should take action against nonstate, transnational actors in a disciplined way that 

meets the current threat environment and is consistent 

with the authorities provided under Articles I and II of 

the Constitution of the United States, the War Powers 


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Resolution (50 U.S.C. 1541 et seq.), and international 

law: Now, therefore, be it 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This joint resolution may be cited as the ‘‘Authoriza5 tion for Use of Military Force Against al-Qaeda, the 

6 Taliban, and the Islamic State of Iraq and Syria’’. 

7 SEC. 2. PURPOSES. 

8 The purposes of this joint resolution are as follows: 

9 (1) To update the Authorization for Use of 

10 Military Force (Public Law 107–40; 50 U.S.C. 1541 

11 note) in order to provide legal authority for military 

12 action against al-Qaeda, the Taliban, and the Is13 lamic State of Iraq and Syria due to the continued 

14 threat they pose to the United States. 

15 (2) To establish a process for oversight by Con16 gress of military action against persons or forces as17 sociated with al-Qaeda, the Taliban, or the Islamic 

18 State of Iraq and Syria that pose a direct threat to 

19 the United States. 

20 (3) To repeal the Authorization for Use of Mili21 tary Force and the Authorization for Use of Military 

22 Force Against Iraq Resolution of 2002 (Public Law 

23 107–243; 50 U.S.C. 1541 note). 


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1 SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES 

2 ARMED FORCES TO PREVENT FUTURE ACTS 

3 OF INTERNATIONAL TERRORISM AGAINST 

4 THE UNITED STATES. 

5 (a) AUTHORIZATION.—In order to prevent any future 

6 acts of international terrorism against the United States, 

7 the President is authorized to use all necessary and appro8 priate force against— 

9 (1) al-Qaeda and the Taliban; 

10 (2) the Islamic State of Iraq and Syria (also 

11 known as the Islamic State of Iraq and the Levant, 

12 the Islamic State, Daesh, ISIS, and ISIL); and 

13 (3) associated persons or forces as provided in 

14 section 4. 

15 (b) WAR POWERS RESOLUTION REQUIREMENTS.— 

16 (1) SPECIFIC STATUTORY AUTHORIZATION.— 

17 Consistent with section 8(a)(1) of the War Powers 

18 Resolution (50 U.S.C. 1547(a)(1)), Congress de19 clares that this section is intended to constitute spe20 cific statutory authorization within the meaning of 

21 section 5(b) of the War Powers Resolution (50 

22 U.S.C. 1544(b)). 

23 (2) APPLICABILITY OF OTHER REQUIRE24 MENTS.—Nothing in this joint resolution supersedes 

25 any requirements of the War Powers Resolution (50 

26 U.S.C. 1541 et seq.). 


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1 SEC. 4. ASSOCIATED PERSONS OR FORCES. 

2 (a) ASSOCIATED PERSONS AND FORCES.—For pur3 poses of section 3(a)(3), the term ‘‘associated persons or 

4 forces’’ means any person or force, other than a sovereign 

5 nation, that— 

6 (1) is a part of, or substantially supports al7 Qaeda, the Taliban, or the Islamic State of Iraq and 

8 Syria; and 

9 (2) is engaged in hostilities against the United 

10 States, its Armed Forces, or its other personnel. 

11 (b) INITIAL ASSOCIATED PERSONS OR FORCES.— 

12 (1) IN GENERAL.—For purposes of section 

13 3(a)(3), the term ‘‘associated persons or forces’’ in14 cludes any person or force meeting the definition in 

15 subsection (a) that is specified in the report under 

16 paragraph (2). 

17 (2) REPORT.—Not later than 60 days after the 

18 date of the enactment of this joint resolution, the 

19 President shall submit to Congress a report speci20 fying the persons or forces (other than the groups 

21 al-Nusra Front (also known as Jabhat al-Nusra and 

22 Jabhat Fateh al-Sham), Khorasan Group, al-Qaeda 

23 in the Arabian Peninsula, and al-Shabaab, which 

24 Congress considers to be associated persons or forces 

25 for purposes of this joint resolution) that are associVerDate Sep 11 2014 00:20 May 26, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SJ43.IS SJ43

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1 ated persons or forces under subsection (a) as of the 

2 date of the enactment of this joint resolution. 

3 (3) DISAPPROVAL.—The treatment of persons 

4 or forces specified in the report under paragraph (2) 

5 as associated persons or forces under subsection (a) 

6 is subject to disapproval in accordance with section 

7 6. 

8 (c) ADDITIONAL ASSOCIATED PERSONS OR

9 FORCES.— 

10 (1) IN GENERAL.—For purposes of section 

11 3(a)(3), the term ‘‘associated persons or forces’’ 

12 shall also include any person or force meeting the 

13 definition in subsection (a) that is specified in a re14 port under paragraph (2). 

15 (2) REPORT.—Upon a determination by the 

16 President that any persons or forces not previously 

17 treated as associated persons or forces for purposes 

18 of section 3(a)(3) shall be treated under this sub19 section as associated persons or forces, the President 

20 shall submit to Congress a report specifying that 

21 such persons or forces are to be treated under this 

22 subsection as associated persons or forces. Persons 

23 or forces may not be specified in such a report if 

24 such persons or forces have previously been disVerDate Sep 11 2014 00:20 May 26, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\SJ43.IS SJ43

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1 approved in accordance with section 6 for treatment 

2 as associated persons or forces under subsection (a). 

3 (3) DISAPPROVAL.—The treatment of persons 

4 or forces specified in a report under paragraph (2) 

5 as associated persons or forces under subsection (a) 

6 is subject to disapproval in accordance with section 

7 6. 

8 SEC. 5. COUNTRIES IN WHICH OPERATIONS AUTHORIZED. 

9 Subject to disapproval in accordance with section 6, 

10 the use of force authorized by section 3 may take place 

11 in a country (other than Afghanistan, Iraq, Syria, Soma12 lia, Libya, or Yemen) if the President submits to Congress 

13 a report on the use of force in such country that includes 

14 the following; 

15 (1) The name of the country in which the use 

16 of force will take place. 

17 (2) A description of the presence in the country 

18 of al-Qaeda, the Taliban, or the Islamic State of 

19 Iraq and Syria, or associated persons or forces cur20 rently covered by section 4. 

21 (3) A justification why the use of force in the 

22 country is necessary and appropriate. 


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1 SEC. 6. EXPEDITED PROCEDURES FOR JOINT RESOLUTION 

2 OF DISAPPROVAL OF USE OF FORCE AGAINST 

3 INITIAL OR ADDITIONAL ASSOCIATED PER4 SONS OR FORCES OR IN OTHER COUNTRIES. 

5 (a) RESOLUTION OF DISAPPROVAL.—For purposes of 

6 this section, the term ‘‘resolution’’ means only a joint reso7 lution of the two Houses of Congress— 

8 (1) the title of which is as follows: ‘‘A joint res9 olution of disapproval of an addition by the Presi10 dent to the scope of the Authorization for Use of 

11 Military Force against al-Qaeda, the Taliban, and 

12 the Islamic State of Iraq and Syria.’’; 

13 (2) which does not have a preamble; and 

14 (3) either— 

15 (A) with respect to a report submitted 

16 under section 4(b) or 4(c), the matter after the 

17 resolving clause of which is as follows: ‘‘That 

18 Congress does not approve the use of force 

19 against lllllll under the Authoriza20 tion for Use of Military Force against al-Qaeda, 

21 the Taliban, and the Islamic State of Iraq and 

22 Syria.’’, the blank space being filled with the 

23 persons or forces concerned; or 

24 (B) with respect to a report submitted 

25 under section 5, the matter after the resolving 

26 clause of which is as follows: ‘‘That Congress 


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1 does not approve the use of force in 

2 lllllll under the Authorization for 

3 Use of Military Force against al-Qaeda, the 

4 Taliban, and the Islamic State of Iraq and 

5 Syria.’’, the blank space being filled with the 

6 country concerned. 

7 (b) CONSIDERATION IN THE SENATE.— 

8 (1) REFERRAL.—Any resolution introduced in 

9 the Senate shall be referred to the Committee on 

10 Foreign Relations. 

11 (2) IN GENERAL.—If the committee has not re12 ported a resolution within 10 session days after the 

13 date of referral of the resolution, the committee shall 

14 be discharged from further consideration of the reso15 lution and the resolution shall be placed on the ap16 propriate calendar. 

17 (3) PROCEEDING TO CONSIDERATION.—Not18 withstanding Rule XXII of the Standing Rules of 

19 the Senate, it is in order, not later than 2 days of 

20 session after the date on which the resolution is re21 ported or discharged from the committees, for the 

22 Majority Leader of the Senate or the Majority Lead23 er’s designee to move to proceed to the consideration 

24 of the resolution. Thereafter, it shall be in order for 

25 any Member of the Senate to move to proceed to the 


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1 consideration of the resolution at any time. A motion 

2 to proceed is not in order if a previous motion to the 

3 same effect has been disposed of. All points of order 

4 against the motion to proceed to the resolution are 

5 waived. The motion to proceed is not debatable. The 

6 motion to proceed to the resolution is not subject to 

7 a motion to postpone. A motion to reconsider the 

8 vote by which the motion to proceed is agreed to or 

9 disagreed to shall not be in order. 

10 (4) WAIVER OF ALL POINTS OF ORDER.—All 

11 points of order against the resolution (and against 

12 consideration of the resolution) are waived. 

13 (5) RULES TO COORDINATE ACTION WITH

14 OTHER HOUSE.—If, before the passage by one 

15 House of a resolution of that House, the House re16 ceives from the other House a resolution identical to 

17 a resolution introduced in that House, then the fol18 lowing procedures shall apply: 

19 (A) The resolution of the other House shall 

20 not be referred to a committee. 

21 (B) The procedure in the receiving House 

22 shall be the same as if no resolution has been 

23 received from the other House until the vote on 

24 passage, when the identical resolution received 


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1 from the other House shall supplant the resolu2 tion of the receiving House. 

3 (C) If one House fails to introduce or con4 sider a resolution identical to one passed by the 

5 other House, the resolution of the other House 

6 shall be entitled to expedited floor procedures 

7 under this subsection. 

8 (D) If, following passage of the resolution 

9 in the Senate, the Senate receives an identical 

10 resolution from the House of Representatives, 

11 the companion measure shall not be debatable. 

12 The vote on passage of the identical resolution 

13 in the Senate shall be considered to be the vote 

14 on passage of the resolution received from the 

15 House of Representatives. 

16 (c) ACTION AFTER PASSAGE.— 

17 (1) IN GENERAL.—If Congress passes a resolu18 tion, the period beginning on the date the President 

19 is presented with the resolution and ending on the 

20 date the President takes action with respect to the 

21 resolution shall be disregarded in computing the 60- 

22 calendar-day period described in section 7(b). 

23 (2) VETOES.—If the President vetoes a resolu24 tion— 


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1 (A) the period beginning on the date the 

2 President vetoes the resolution and ending on 

3 the date the Congress receives the veto message 

4 with respect to the resolution shall be dis5 regarded in computing the 60-calendar-day pe6 riod described in section 7(b); and 

7 (B) debate in the Senate of any veto mes8 sage with respect to the resolution, including all 

9 debatable motions and appeals in connection 

10 with the resolution, shall be limited to 10 hours, 

11 to be equally divided between, and controlled 

12 by, the Majority Leader and the Minority Lead13 er of the Senate or their designees. 

14 SEC. 7. EFFECT OF ENACTMENT OF JOINT RESOLUTION OF 

15 DISAPPROVAL OF USE OF FORCE AGAINST 

16 INITIAL OR ADDITIONAL ASSOCIATED PER17 SONS OR FORCES OR IN OTHER COUNTRIES. 

18 (a) IN GENERAL.— 

19 (1) AGAINST INITIAL OR ADDITIONAL ASSOCI20 ATED PERSONS OR FORCES.—Subject to subsection 

21 (b), upon the enactment by Congress of a resolution 

22 described in section 6(a) with respect to the use of 

23 force pursuant to section 3 against initial associated 

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1 tion 4(c), the authority under this joint resolution to 

2 use force against such persons or forces shall cease. 

3 (2) IN OTHER COUNTIES.—Subject to sub4 section (b), upon the enactment by Congress of a 

5 resolution described in section 6(a) with respect to 

6 the use of force pursuant to section 3 in another 

7 country pursuant to section 5, the authority under 

8 this joint resolution to use force in that country 

9 shall cease. 

10 (b) DEADLINE FOR EFFECTIVENESS.—Except as 

11 provided in section 6(c), a resolution described in section 

12 6(a) is effective only if enacted during the 60-calendar13 day period beginning on the date on which the President 

14 submits to Congress the report on the associated persons 

15 or forces concerned under section 4(b) or 4(c) or on the 

16 country concerned under section 5, as applicable. 

17 (c) AUTHORIZATION.—The authority sought by the 

18 President pursuant to the report under section 4(b), to 

19 specify initial associated persons or forces to be covered 

20 by section 3(a)(3), pursuant to a report under section 

21 4(c), to add additional associated persons or forces to the 

22 associated persons or forces currently covered by section 

23 3(a)(3), or pursuant to a report under section 5, to au24 thorize the use of force under section 3 in a country or 

25 countries not explicitly set forth in section 5, shall exist 


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1 as of the date of the report concerned and continue until 

2 a resolution of disapproval described in section 6(a), if 

3 any, is enacted by Congress in accordance with section 6. 

4 SEC. 8. DURATION OF AUTHORIZATION. 

5 (a) IN GENERAL.—In order to encourage periodic re6 view of the use of force authorized by this joint resolution, 

7 the authorization for use of force in section 3 shall termi8 nate five years after the date of the enactment of this joint 

9 resolution, unless reauthorized by Congress. 

10 (b) REAUTHORIZATION.—Before the expiration of 

11 this joint resolution, this joint resolution may be reauthor12 ized pursuant to section 11. 

13 SEC. 9. REPEAL OF AUTHORIZATION FOR USE OF MILITARY 

14 FORCE. 

15 The Authorization for Use of Military Force (Public 

16 Law 107–40; 50 U.S.C. 1541 note) is repealed, effective 

17 60 days after the date of the enactment of this joint reso18 lution. 

19 SEC. 10. REPEAL OF AUTHORIZATION FOR USE OF MILI20 TARY FORCE AGAINST IRAQ RESOLUTION OF 

21 2002. 

22 The Authorization for Use of Military Force Against 

23 Iraq Resolution of 2002 (Public Law 107–243; 50 U.S.C. 

24 1541 note) is repealed, effective 60 days after the date 

25 of the enactment of this joint resolution. 


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1 SEC. 11. EXPEDITED PROCEDURES FOR REAUTHORIZATION 

2 OF AUTHORIZATION FOR THE USE OF MILI3 TARY FORCE. 

4 (a) RESOLUTION OF REAUTHORIZATION.—For pur5 poses of this section, the term ‘‘resolution’’ also means a 

6 joint resolution of the two Houses of Congress— 

7 (1) which is introduced not later than 180 be8 fore the date of the expiration of this joint resolution 

9 in accordance with section 8(a); 

10 (2) the title of which is as follows: ‘‘A joint res11 olution to reauthorize the Authorization for Use of 

12 Military Force against al-Qaeda, the Taliban, and 

13 the Islamic State of Iraq and Syria.’’; 

14 (3) which does not have a preamble; and 

15 (4) the matter after the enacting clause of 

16 which is as follows: ‘‘The Authorization for the Use 

17 of Military Force against al-Qaeda, the Taliban, and 

18 the Islamic State of Iraq and Syria is amended in 

19 section 8(a) by striking ‘5 years’ and inserting ‘10 

20 years’.’’. 

21 (b) EXPEDITED PROCEDURES.—Consideration of the 

22 resolution described in subsection (a) shall be governed by 

23 the procedures set forth in section 6, as if the resolution 

24 described in subsection (a) were a resolution described in 

25 section 6(a), including the procedures relating to veto mes26 sages specified in section 6(c). 


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1 SEC. 12. REPORTS TO CONGRESS. 

2 (a) STRATEGY.—Not later than 90 days after the 

3 date of the enactment of this joint resolution, the Presi4 dent shall submit to the appropriate committees and lead5 ership of Congress a report setting forth a comprehensive 

6 strategy of the United States, encompassing military, eco7 nomic, humanitarian, and diplomatic capabilities, to pro8 tect the United States from al-Qaeda, the Taliban, and 

9 the Islamic State of Iraq and Syria in their fight to defeat 

10 such organizations. 

11 (b) IMPLEMENTATION OF STRATEGY.— 

12 (1) BIANNUAL REPORTS.—Not later than 180 

13 days after the date of the enactment of this joint 

14 resolution, and every 180 days thereafter, the Presi15 dent shall submit to the appropriate committees and 

16 leadership of Congress a written report setting forth 

17 a current comprehensive assessment of the imple18 mentation of the strategy required by subsection (a), 

19 including a description of any substantive change to 

20 the strategy (including the reasons for the change 

21 and the effect of the change on the rest of the strat22 egy). 

23 (2) ELEMENTS.—Each report under this sub24 section shall include a description of the specific ac25 tions taken pursuant to this joint resolution to ad26 dress the threat to the United States posed by 


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1 transnational terrorist organizations and associated 

2 persons or forces, including— 

3 (A) a description of the specific authorities 

4 relied upon for such actions; 

5 (B) the persons and forces targeted by 

6 such actions; 

7 (C) the nature and location of such ac8 tions; and 

9 (D) an evaluation of the effectiveness of 

10 such actions. 

11 (c) QUARTERLY REPORTS ON OPERATIONS.—Not 

12 later than 90 days after the date of the enactment of this 

13 joint resolution, and every 90 days thereafter, the Presi14 dent shall submit to Congress a report setting forth the 

15 following: 

16 (1) A list of the organizations, persons, and 

17 forces against which operations were conducted 

18 under the authority of this joint resolution during 

19 the 90-day period ending on the date of the report. 

20 (2) A list of all foreign countries in which the 

21 United States conducted operations under the au22 thority of this joint resolution during such 90-day 

23 period. 

24 (d) CLASSIFIED ANNEX.—Any report submitted 

25 under this section may include a classified annex. 


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1 (e) APPROPRIATE COMMITTEES AND LEADERSHIP OF

2 CONGRESS DEFINED.—In this section, the term ‘‘appro3 priate committees and leadership of Congress’’ means— 

4 (1) the Committee on Foreign Relations, the 

5 Committee on Armed Services, the Select Committee 

6 on Intelligence, and the Committee on Appropria7 tions of the Senate; 

8 (2) the Majority Leader and the Minority Lead9 er of the Senate; 

10 (3) the Committee on Foreign Affairs, the 

11 Committee on Armed Services, the Permanent Select 

12 Committee on Intelligence, and the Committee on 

13 Appropriations of the House of Representatives; and 

14 (4) the Speaker of the House of Representa15 tives and the Majority Leader and the Minority 

16 Leader of the House of Representatives. 

Æ 


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