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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 43 Introduced in Senate (IS)]

<DOC>

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 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        Hussein in Iraq, is no longer valid;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 al-Qaeda 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 non-state, 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 Resolution (50 
        U.S.C. 1541 et seq.), and international law: 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. PURPOSES.

    The purposes of this joint resolution are as follows:
            (1) To update the Authorization for Use of Military Force 
        (Public Law 107-40; 50 U.S.C. 1541 note) in order to provide 
        legal authority for military action against al-Qaeda, the 
        Taliban, and the Islamic State of Iraq and Syria due to the 
        continued threat they pose to the United States.
            (2) To establish a process for oversight by Congress of 
        military action against persons or forces associated with al-
        Qaeda, the Taliban, or the Islamic State of Iraq and Syria that 
        pose a direct threat to the United States.
            (3) To repeal the Authorization for Use of Military Force 
        and the Authorization for Use of Military Force Against Iraq 
        Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note).

SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES TO PREVENT 
              FUTURE ACTS OF INTERNATIONAL TERRORISM AGAINST THE UNITED 
              STATES.

    (a) Authorization.--In order to prevent any future acts of 
international terrorism against the United States, the President is 
authorized to use all necessary and appropriate force against--
            (1) al-Qaeda and the Taliban;
            (2) the Islamic State of Iraq and Syria (also known as the 
        Islamic State of Iraq and the Levant, the Islamic State, Daesh, 
        ISIS, and ISIL); and
            (3) associated persons or forces as provided in section 4.
    (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 (50 U.S.C. 
        1544(b)).
            (2) Applicability of other requirements.--Nothing in this 
        joint resolution supersedes any requirements of the War Powers 
        Resolution (50 U.S.C. 1541 et seq.).

SEC. 4. ASSOCIATED PERSONS OR FORCES.

    (a) Associated Persons and Forces.--For purposes of section 
3(a)(3), the term ``associated persons or forces'' means any person or 
force, other than a sovereign nation, that--
            (1) is a part of, or substantially supports al-Qaeda, the 
        Taliban, or the Islamic State of Iraq and Syria; and
            (2) is engaged in hostilities against the United States, 
        its Armed Forces, or its other personnel.
    (b) Initial Associated Persons or Forces.--
            (1) In general.--For purposes of section 3(a)(3), the term 
        ``associated persons or forces'' includes any person or force 
        meeting the definition in subsection (a) that is specified in 
        the report under paragraph (2).
            (2) Report.--Not later than 60 days after the date of the 
        enactment of this joint resolution, the President shall submit 
        to Congress a report specifying the persons or forces (other 
        than the groups al-Nusra Front (also known as Jabhat al-Nusra 
        and Jabhat Fateh al-Sham), Khorasan Group, al-Qaeda in the 
        Arabian Peninsula, and al-Shabaab, which Congress considers to 
        be associated persons or forces for purposes of this joint 
        resolution) that are associated persons or forces under 
        subsection (a) as of the date of the enactment of this joint 
        resolution.
            (3) Disapproval.--The treatment of persons or forces 
        specified in the report under paragraph (2) as associated 
        persons or forces under subsection (a) is subject to 
        disapproval in accordance with section 6.
    (c) Additional Associated Persons or Forces.--
            (1) In general.--For purposes of section 3(a)(3), the term 
        ``associated persons or forces'' shall also include any person 
        or force meeting the definition in subsection (a) that is 
        specified in a report under paragraph (2).
            (2) Report.--Upon a determination by the President that any 
        persons or forces not previously treated as associated persons 
        or forces for purposes of section 3(a)(3) shall be treated 
        under this subsection as associated persons or forces, the 
        President shall submit to Congress a report specifying that 
        such persons or forces are to be treated under this subsection 
        as associated persons or forces. Persons or forces may not be 
        specified in such a report if such persons or forces have 
        previously been disapproved in accordance with section 6 for 
        treatment as associated persons or forces under subsection (a).
            (3) Disapproval.--The treatment of persons or forces 
        specified in a report under paragraph (2) as associated persons 
        or forces under subsection (a) is subject to disapproval in 
        accordance with section 6.

SEC. 5. COUNTRIES IN WHICH OPERATIONS AUTHORIZED.

    Subject to disapproval in accordance with section 6, the use of 
force authorized by section 3 may take place in a country (other than 
Afghanistan, Iraq, Syria, Somalia, Libya, or Yemen) if the President 
submits to Congress a report on the use of force in such country that 
includes the following;
            (1) The name of the country in which the use of force will 
        take place.
            (2) A description of the presence in the country of al-
        Qaeda, the Taliban, or the Islamic State of Iraq and Syria, or 
        associated persons or forces currently covered by section 4.
            (3) A justification why the use of force in the country is 
        necessary and appropriate.

SEC. 6. EXPEDITED PROCEDURES FOR JOINT RESOLUTION OF DISAPPROVAL OF USE 
              OF FORCE AGAINST INITIAL OR ADDITIONAL ASSOCIATED PERSONS 
              OR FORCES OR IN OTHER COUNTRIES.

    (a) Resolution of Disapproval.--For purposes of this section, the 
term ``resolution'' means only a joint resolution of the two Houses of 
Congress--
            (1) the title of which is as follows: ``A joint resolution 
        of disapproval of an addition by the President to the scope of 
        the Authorization for Use of Military Force against al-Qaeda, 
        the Taliban, and the Islamic State of Iraq and Syria.'';
            (2) which does not have a preamble; and
            (3) either--
                    (A) with respect to a report submitted under 
                section 4(b) or 4(c), the matter after the resolving 
                clause of which is as follows: ``That Congress does not 
                approve the use of force against _______ under the 
                Authorization for Use of Military Force against al-
                Qaeda, the Taliban, and the Islamic State of Iraq and 
                Syria.'', the blank space being filled with the persons 
                or forces concerned; or
                    (B) with respect to a report submitted under 
                section 5, the matter after the resolving clause of 
                which is as follows: ``That Congress does not approve 
                the use of force in _______ under the Authorization for 
                Use of Military Force against al-Qaeda, the Taliban, 
                and the Islamic State of Iraq and Syria.'', the blank 
                space being filled with the country concerned.
    (b) Consideration in the Senate.--
            (1) Referral.--Any resolution introduced in the Senate 
        shall be referred to the Committee on Foreign Relations.
            (2) In general.--If the committee has not reported a 
        resolution within 10 session days after the date of referral of 
        the resolution, the committee shall be discharged from further 
        consideration of the resolution and the resolution shall be 
        placed on the appropriate calendar.
            (3) Proceeding to consideration.--Notwithstanding Rule XXII 
        of the Standing Rules of the Senate, it is in order, not later 
        than 2 days of session after the date on which the resolution 
        is reported or discharged from the committees, for the Majority 
        Leader of the Senate or the Majority Leader's designee to move 
        to proceed to the consideration of the resolution. Thereafter, 
        it shall be in order for any Member of the Senate to move to 
        proceed to the consideration of the resolution at any time. A 
        motion to proceed is not in order if a previous motion to the 
        same effect has been disposed of. All points of order against 
        the motion to proceed to the resolution are waived. The motion 
        to proceed is not debatable. The motion to proceed to the 
        resolution is not subject to a motion to postpone. A motion to 
        reconsider the vote by which the motion to proceed is agreed to 
        or disagreed to shall not be in order.
            (4) Waiver of all points of order.--All points of order 
        against the resolution (and against consideration of the 
        resolution) are waived.
            (5) Rules to coordinate action with other house.--If, 
        before the passage by one House of a resolution of that House, 
        the House receives from the other House a resolution identical 
        to a resolution introduced in that House, then the following 
        procedures shall apply:
                    (A) The resolution of the other House shall not be 
                referred to a committee.
                    (B) The procedure in the receiving House shall be 
                the same as if no resolution has been received from the 
                other House until the vote on passage, when the 
                identical resolution received from the other House 
                shall supplant the resolution of the receiving House.
                    (C) If one House fails to introduce or consider a 
                resolution identical to one passed by the other House, 
                the resolution of the other House shall be entitled to 
                expedited floor procedures under this subsection.
                    (D) If, following passage of the resolution in the 
                Senate, the Senate receives an identical resolution 
                from the House of Representatives, the companion 
                measure shall not be debatable. The vote on passage of 
                the identical resolution in the Senate shall be 
                considered to be the vote on passage of the resolution 
                received from the House of Representatives.
    (c) Action After Passage.--
            (1) In general.--If Congress passes a resolution, the 
        period beginning on the date the President is presented with 
        the resolution and ending on the date the President takes 
        action with respect to the resolution shall be disregarded in 
        computing the 60-calendar-day period described in section 7(b).
            (2) Vetoes.--If the President vetoes a resolution--
                    (A) the period beginning on the date the President 
                vetoes the resolution and ending on the date the 
                Congress receives the veto message with respect to the 
                resolution shall be disregarded in computing the 60-
                calendar-day period described in section 7(b); and
                    (B) debate in the Senate of any veto message with 
                respect to the resolution, including all debatable 
                motions and appeals in connection with the resolution, 
                shall be limited to 10 hours, to be equally divided 
                between, and controlled by, the Majority Leader and the 
                Minority Leader of the Senate or their designees.

SEC. 7. EFFECT OF ENACTMENT OF JOINT RESOLUTION OF DISAPPROVAL OF USE 
              OF FORCE AGAINST INITIAL OR ADDITIONAL ASSOCIATED PERSONS 
              OR FORCES OR IN OTHER COUNTRIES.

    (a) In General.--
            (1) Against initial or additional associated persons or 
        forces.--Subject to subsection (b), upon the enactment by 
        Congress of a resolution described in section 6(a) with respect 
        to the use of force pursuant to section 3 against initial 
        associated persons or forces pursuant to 4(b), or against 
        additional associated persons or forces pursuant to section 
        4(c), the authority under this joint resolution to use force 
        against such persons or forces shall cease.
            (2) In other counties.--Subject to subsection (b), upon the 
        enactment by Congress of a resolution described in section 6(a) 
        with respect to the use of force pursuant to section 3 in 
        another country pursuant to section 5, the authority under this 
        joint resolution to use force in that country shall cease.
    (b) Deadline for Effectiveness.--Except as provided in section 
6(c), a resolution described in section 6(a) is effective only if 
enacted during the 60-calendar-day period beginning on the date on 
which the President submits to Congress the report on the associated 
persons or forces concerned under section 4(b) or 4(c) or on the 
country concerned under section 5, as applicable.
    (c) Authorization.--The authority sought by the President pursuant 
to the report under section 4(b), to specify initial associated persons 
or forces to be covered by section 3(a)(3), pursuant to a report under 
section 4(c), to add additional associated persons or forces to the 
associated persons or forces currently covered by section 3(a)(3), or 
pursuant to a report under section 5, to authorize the use of force 
under section 3 in a country or countries not explicitly set forth in 
section 5, shall exist as of the date of the report concerned and 
continue until a resolution of disapproval described in section 6(a), 
if any, is enacted by Congress in accordance with section 6.

SEC. 8. DURATION OF AUTHORIZATION.

    (a) In General.--In order to encourage periodic review of the use 
of force authorized by this joint resolution, the authorization for use 
of force in section 3 shall terminate five years after the date of the 
enactment of this joint resolution, unless reauthorized by Congress.
    (b) Reauthorization.--Before the expiration of this joint 
resolution, this joint resolution may be reauthorized pursuant to 
section 11.

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

    The Authorization for Use of Military Force (Public Law 107-40; 50 
U.S.C. 1541 note) is repealed, effective 60 days after the date of the 
enactment of this joint resolution.

SEC. 10. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ 
              RESOLUTION OF 2002.

    The Authorization for Use of Military Force Against Iraq Resolution 
of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is repealed, 
effective 60 days after the date of the enactment of this joint 
resolution.

SEC. 11. EXPEDITED PROCEDURES FOR REAUTHORIZATION OF AUTHORIZATION FOR 
              THE USE OF MILITARY FORCE.

    (a) Resolution of Reauthorization.--For purposes of this section, 
the term ``resolution'' also means a joint resolution of the two Houses 
of Congress--
            (1) which is introduced not later than 180 before the date 
        of the expiration of this joint resolution in accordance with 
        section 8(a);
            (2) the title of which is as follows: ``A joint resolution 
        to reauthorize the Authorization for Use of Military Force 
        against al-Qaeda, the Taliban, and the Islamic State of Iraq 
        and Syria.'';
            (3) which does not have a preamble; and
            (4) the matter after the enacting clause of which is as 
        follows: ``The Authorization for the Use of Military Force 
        against al-Qaeda, the Taliban, and the Islamic State of Iraq 
        and Syria is amended in section 8(a) by striking `5 years' and 
        inserting `10 years'.''.
    (b) Expedited Procedures.--Consideration of the resolution 
described in subsection (a) shall be governed by the procedures set 
forth in section 6, as if the resolution described in subsection (a) 
were a resolution described in section 6(a), including the procedures 
relating to veto messages specified in section 6(c).

SEC. 12. REPORTS TO CONGRESS.

    (a) Strategy.--Not later than 90 days after the date of the 
enactment of this joint resolution, the President shall submit to the 
appropriate committees and leadership of Congress a report setting 
forth a comprehensive strategy of the United States, encompassing 
military, economic, humanitarian, and diplomatic capabilities, to 
protect the United States from al-Qaeda, the Taliban, and the Islamic 
State of Iraq and Syria in their fight to defeat such organizations.
    (b) Implementation of Strategy.--
            (1) Biannual reports.--Not later than 180 days after the 
        date of the enactment of this joint resolution, and every 180 
        days thereafter, the President shall submit to the appropriate 
        committees and leadership of Congress a written report setting 
        forth a current comprehensive assessment of the implementation 
        of the strategy required by subsection (a), including a 
        description of any substantive change to the strategy 
        (including the reasons for the change and the effect of the 
        change on the rest of the strategy).
            (2) Elements.--Each report under this subsection shall 
        include a description of the specific actions taken pursuant to 
        this joint resolution to address the threat to the United 
        States posed by transnational terrorist organizations and 
        associated persons or forces, including--
                    (A) a description of the specific authorities 
                relied upon for such actions;
                    (B) the persons and forces targeted by such 
                actions;
                    (C) the nature and location of such actions; and
                    (D) an evaluation of the effectiveness of such 
                actions.
    (c) Quarterly Reports on Operations.--Not later than 90 days after 
the date of the enactment of this joint resolution, and every 90 days 
thereafter, the President shall submit to Congress a report setting 
forth the following:
            (1) A list of the organizations, persons, and forces 
        against which operations were conducted under the authority of 
        this joint resolution during the 90-day period ending on the 
        date of the report.
            (2) A list of all foreign countries in which the United 
        States conducted operations under the authority of this joint 
        resolution during such 90-day period.
    (d) Classified Annex.--Any report submitted under this section may 
include a classified annex.
    (e) Appropriate Committees and Leadership of Congress Defined.--In 
this section, the term ``appropriate committees and leadership of 
Congress'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, the Select Committee on Intelligence, and the 
        Committee on Appropriations of the Senate;
            (2) the Majority Leader and the Minority Leader of the 
        Senate;
            (3) 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
            (4) the Speaker of the House of Representatives and the 
        Majority Leader and the Minority Leader of the House of 
        Representatives.
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