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[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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