IIA 

115TH CONGRESS 

2D SESSION S. J. RES. 61 

To authorize the use of military force in Iraq and Afghanistan against 

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

in order to protect the United States, its territories, and the homeland 

from attack. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2018 

Mr. MERKLEY 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 in Iraq and Afghanistan against the Taliban, al Qaeda, and the Islamic 

State of Iraq and the Levant in order to protect the 

United States, its territories, and the homeland from 

attack. 

Whereas it is appropriate for Congress to assert its power 

under Article I of the Constitution of the United States 

to declare war, raise and support armies, and maintain 

an army; 

Whereas nothing in this joint resolution supersedes any requirement of the War Powers Resolution (50 U.S.C. 

1541 et seq.); 


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Whereas the Framers of the Constitution, as outlined in Federalist No. 69, explained the difference between the authorities of the President under the Constitution as Commander-in-Chief and the power of Congress under the 

Constitution to declare war; and 

Whereas the Framers of the Constitution were concerned 

that vesting too much war-making power in the President 

would cause the nation to become involved hastily or unwisely in war: 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 ‘‘Constitu5 tional Consideration for Use of Force Resolution.’’ 

6 SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES 

7 ARMED FORCES. 

8 The President is authorized to use all necessary and 

9 appropriate force in Iraq and Afghanistan against the 

10 Taliban, al Qaeda, and the Islamic State in Iraq and the 

11 Levant (ISIL) in order to protect the United States and 

12 its compelling interests (as defined in section 11) from at13 tack by the Taliban, al Qaeda, and the Islamic State in 

14 Iraq and the Levant. 

15 SEC. 3. LIMITATIONS. 

16 (a) STATE ACTORS.—This joint resolution does not 

17 authorize use of force against any foreign state (as defined 

18 in section 11). 


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1 (b) NONAPPLICABILITY TO UNSPECIFIED ENTI2 TIES.—The authorization provided by section 2 extends 

3 only to the entities specified in that section, and does not 

4 extend to organizations or forces that the President deter5 mines to be associated forces, successor forces, or forces 

6 otherwise related to the entities specified in that section. 

7 (c) APPLICABILITY OF INTERNATIONAL LAW.—The 

8 authority in this joint resolution may be used only in a 

9 manner consistent with the obligations of the United 

10 States under international law. 

11 (d) WAR POWERS RESOLUTION REQUIREMENTS.— 

12 (1) SPECIFIC STATUTORY AUTHORIZATION.— 

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

14 Resolution (50 U.S.C. 1547(a)(1)), Congress de15 clares that section 2 is intended to constitute spe16 cific statutory authorization within the meaning of 

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

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

19 (2) APPLICABILITY OF OTHER REQUIRE20 MENTS.—Nothing in this joint resolution supersedes 

21 any requirement of the War Powers Resolution (50 

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


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1 SEC. 4. NEW GROUPS AND COUNTRIES AND USE OF 

2 GROUND FORCES IN A COMBAT ROLE. 

3 (a) USE OF FORCE AGAINST OTHER NON-STATE

4 PARTIES TO THE CONFLICT.— 

5 (1) EXPEDITED CONSIDERATION OF JOINT RES6 OLUTION TO AUTHORIZE.—A joint resolution to au7 thorize use of force against any organization or force 

8 not specified in section 2 (in this joint resolution re9 ferred to as a ‘‘new group’’) shall be eligible for ex10 pedited consideration in accordance with the proce11 dures in section 8 (in this section referred to as ‘‘ex12 pedited consideration’’). 

13 (2) LIMITATION.—A joint resolution under this 

14 subsection shall not be eligible for expedited consid15 eration unless the new group covered by the joint 

16 resolution— 

17 (A) is not a foreign state; 

18 (B) is an organized armed group that has 

19 engaged, and continues to be engaged, in active 

20 hostilities against the United States as a party 

21 to an ongoing armed conflict involving the 

22 groups specified in section 2; and 

23 (C) demonstrates a credible ability to con24 duct a substantial attack against compelling 

25 United States interests. 

26 (b) USE OF FORCE IN ADDITIONAL COUNTRIES.— 


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1 (1) EXPEDITED CONSIDERATION OF JOINT RES2 OLUTION TO AUTHORIZE.—A joint resolution to au3 thorize use of force against the groups specified in 

4 section 2, or any new group covered by a joint reso5 lution enacted pursuant to subsection (a), in a coun6 try other than those specified in the joint resolution 

7 authorizing such use of force (in this section re8 ferred to as a ‘‘new country’’) shall be eligible for 

9 expedited consideration. 

10 (2) LIMITATION.—A joint resolution described 

11 by paragraph (1) that also authorizes use of ground 

12 forces in a combat role shall not be eligible for expe13 dited consideration. 

14 (c) EXPEDITED CONSIDERATION OF JOINT RESOLU15 TION TO AUTHORIZE USE OF GROUND FORCES IN COM16 BAT ROLE IN ADDITIONAL COUNTRIES.—A joint resolu17 tion to authorize use of ground forces in a combat role 

18 in a new country for which authorization of use of force 

19 has been provided under subsection (b) shall be eligible 

20 for expedited consideration. 

21 (d) GROUND FORCES IN A COMBAT ROLE.—For pur22 poses of this section, ground forces in a combat role do 

23 not include the following: 

24 (1) Small detachments of special operations 

25 forces. 


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1 (2) Any other forces deployed under any au2 thority other than the authority in this joint resolu3 tion. 

4 (e) PRESIDENTIAL REQUEST.—To be eligible for ex5 pedited consideration, a joint resolution described in sub6 section (a), (b), or (c) must be requested in writing by 

7 the President to the appropriate congressional committees 

8 and leadership, together with a written justification of the 

9 manner which such joint resolution meets the applicable 

10 criteria in such subsection. 

11 (f) SEPARATE JOINT RESOLUTION REQUIRED FOR

12 EACH AUTHORIZATION.—To be eligible for expedited con13 sideration, a separate joint resolution is required for each 

14 new group, each new country, and each use of ground 

15 forces in a combat role in a new country. 

16 SEC. 5. SUNSET UPON CESSATION OF THREAT. 

17 (a) REPORTS ON CONTINUING THREATS.—Not later 

18 than six months after the date of the enactment of this 

19 joint resolution, and every six months thereafter, the 

20 President shall, in consultation with the Secretary of De21 fense, the Secretary of State and the Director of National 

22 Intelligence, submit to the appropriate congressional com23 mittees and leadership a report certifying whether or not 

24 each group specified in section 2, and each new group 

25 against which use of force is currently authorized by this 


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1 joint resolution pursuant to section 4(a), continues to 

2 meet the criteria set forth in section 4(a)(2). 

3 (b) SUNSET.—If the President does not certify under 

4 subsection (a) that a group described in that subsection 

5 continues to meet the criteria set forth in section 4(a)(2), 

6 the authorization in this joint resolution to use force 

7 against such group shall cease, effective as of the date that 

8 is 60 days after the date the certification is due. 

9 (c) CONSTRUCTION.—The cessation of authority to 

10 use force against a group under subsection (b) shall not 

11 be construed as the cessation of authority to use force pur12 suant to this joint resolution against any other group spec13 ified in section 2, or against any new group covered by 

14 section 4(a) against which force is being used pursuant 

15 to this joint resolution at the time of such cessation of 

16 authority. 

17 SEC. 6. DURATION OF AUTHORIZATION. 

18 (a) IN GENERAL.—The authorization for use of force 

19 in this joint resolution shall expire on the date that is 

20 three years after the date of the enactment of this joint 

21 resolution. 

22 (b) REPORT.—Not later than 90 days before the expi23 ration date provided for in subsection (a), the President 

24 shall submit to Congress a report on use of force pursuant 

25 to this joint resolution. The report may include recVerDate Sep 11 2014 00:45 May 24, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\SJ61.IS SJ61

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1 ommendations of the President for extension, whether 

2 with or without modification, of this joint resolution. 

3 (c) PROCEDURES FOR ENACTMENT.—Any joint reso4 lution to extend this joint resolution, whether with or with5 out modification, shall be eligible for expedited consider6 ation in accordance with the procedures in section 8. 

7 SEC. 7. REPORTING AND PUBLIC NOTICE REQUIREMENTS. 

8 (a) IN GENERAL.—Not later than six months after 

9 the date of the enactment of this joint resolution, and 

10 every six months thereafter, the President shall submit to 

11 the appropriate congressional committees and leadership, 

12 and shall publish in the Federal Register, a report setting 

13 forth the following: 

14 (1) A list of the groups, organizations, and 

15 forces against which the United States is using force 

16 pursuant to this joint resolution as of the date of 

17 submittal and publication. 

18 (2) For each group, organization, and force list19 ed under paragraph (1)— 

20 (A) the extent to which such group, orga21 nization, or force directly targeted any compel22 ling United States interest during the six23 month period ending on the date of submittal 

24 and publication (in this section referred to as 

25 the ‘‘reporting period’’); and 


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1 (B) the extent to which such group, orga2 nization, or force continues to pose a threat to 

3 any compelling United States interest as of the 

4 date of submittal and publication. 

5 (3) A list of the countries in which the United 

6 States used force pursuant to this joint resolution 

7 during the reporting period, including the geographic 

8 location in each country in which the United States 

9 so used force. 

10 (4) The number of combatant casualties in con11 nection with the use of force pursuant to this joint 

12 resolution during the reporting period. 

13 (5) The number of civilian casualties in connec14 tion with the use of force pursuant to this joint reso15 lution during the reporting period, as determined by 

16 the following: 

17 (A) The United States Government. 

18 (B) Credible and reliable nongovernmental 

19 entities. 

20 (6) An explanation for the differences, if any, 

21 between the number of civilian casualties reported 

22 pursuant to paragraph (5)(A) during the reporting 

23 period and the number of civilian casualties reported 

24 pursuant to paragraph (5)(B) during the reporting 

25 period. 


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1 (7) A description of the mechanisms used to 

2 prevent and limit civilian casualties in connection 

3 with the use of force pursuant to this joint resolu4 tion during the reporting period. 

5 (8) A current description of the process by 

6 which the United States investigates allegations of 

7 civilian casualties resulting from United States mili8 tary operations. 

9 (9) A description of the current national secu10 rity, diplomatic, development, and humanitarian 

11 goals of the United States for each country listed 

12 under paragraph (3) in order to create the condi13 tions for the end of use of United States military 

14 force in such country, and the strategy and expected 

15 timeline to execute such goals. 

16 (10) An assessment, as of the date of submittal 

17 and publication, of the bilateral and multilateral im18 pact of United States use of force pursuant to this 

19 joint resolution in each country listed under para20 graph (3), and an assessment of the engagement of 

21 the government of such country with United States 

22 use of force in such country. 

23 (11) A comprehensive and current description, 

24 both for the reporting period and in aggregate as of 

25 the date of submittal and publication, of the 


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1 amounts expended by the United States for and in 

2 support of military operations and activities in con3 nection with use of force pursuant to this joint reso4 lution. 

5 (b) FORM.— 

6 (1) IN GENERAL.—Each report under sub7 section (a) shall be submitted in unclassified form. 

8 (2) CLASSIFIED FORM.—Except as provided in 

9 paragraph (3), portion of a report under subsection 

10 (a) may be submitted in classified form if strictly re11 quired to protect the national security interests of 

12 the United States. 

13 (3) CERTAIN INFORMATION ONLY IN UNCLASSI14 FIED FORM.—The information required by sub15 section (a)(1), and the countries listed pursuant to 

16 subsection (a)(3), shall be submitted in unclassified 

17 form. 

18 (c) BRIEFINGS.—The Department of Defense shall 

19 provide a briefing to any appropriate congressional com20 mittee or leadership upon request of such committee or 

21 leadership not less often than every six months on activi22 ties undertaken pursuant to this joint resolution. 


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1 SEC. 8. EXPEDITED PROCEDURES FOR CONSIDERATION OF 

2 JOINT RESOLUTIONS. 

3 (a) IN GENERAL.—A resolution specified in sub4 section (b) shall be eligible for consideration using expe5 dited procedures specified in this section. 

6 (b) RESOLUTIONS.—A resolution specified in this 

7 subsection is any joint resolution as follows: 

8 (1) A joint resolution covered by section 4. 

9 (2) A joint resolution to extend, whether with 

10 or without modification, this joint resolution, as pro11 vided for in section 6. 

12 (c) REFERRAL.—A resolution described in subsection 

13 (b) introduced in the Senate shall be referred to the Com14 mittee on Foreign Relations of the Senate. A resolution 

15 described in subsection (b) that is introduced in the House 

16 of Representatives shall be referred to the Committee on 

17 Foreign Affairs of the House of Representatives. 

18 (d) DISCHARGE.—If the committee to which a resolu19 tion described in subsection (b) is referred has not re20 ported such resolution (or an identical resolution) by the 

21 end of the 20-day period beginning on the date of intro22 duction, such committee shall be, at the end of such pe23 riod, discharged from further consideration of such resolu24 tion, and such resolution shall be placed on the appro25 priate calendar of the House involved. 

26 (e) CONSIDERATION.— 


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1 (1) IN GENERAL.—On or after the third day 

2 after the date on which the committee to which such 

3 a resolution is referred has reported, or has been 

4 discharged (under subsection (d)) from further con5 sideration of, such a resolution, it is in order (even 

6 though a previous motion to the same effect has 

7 been disagreed to) for any Member of the respective 

8 House to move to proceed to the consideration of the 

9 resolution. A Member may make the motion only on 

10 the day after the calendar day on which the Member 

11 announces to the House concerned the Member’s in12 tention to make the motion, except that, in the case 

13 of the House of Representatives, the motion may be 

14 made without such prior announcement if the mo15 tion is made by direction of the committee to which 

16 the resolution was referred. All points of order 

17 against the resolution (and against consideration of 

18 the resolution) are waived. The motion is highly 

19 privileged in the House of Representatives and is 

20 privileged in the Senate and is not debatable. The 

21 motion is not subject to amendment, or to a motion 

22 to postpone, or to a motion to proceed to the consid23 eration of other business. A motion to reconsider the 

24 vote by which the motion is agreed to or disagreed 

25 to shall not be in order. If a motion to proceed to 


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1 the consideration of the resolution is agreed to, the 

2 respective House shall immediately proceed to con3 sideration of the joint resolution without intervening 

4 motion, order, or other business, and the resolution 

5 shall remain the unfinished business of the respec6 tive House until disposed of. 

7 (2) DEBATE.—Debate on the resolution, and on 

8 all debatable motions and appeals in connection 

9 therewith, shall be limited to not more than 30 

10 hours, which shall be divided equally between those 

11 favoring and those opposing the resolution. An 

12 amendment to the resolution is not in order. A mo13 tion further to limit debate is in order and not de14 batable. A motion to postpone, or a motion to pro15 ceed to the consideration of other business, or a mo16 tion to recommit the resolution is not in order. A 

17 motion to reconsider the vote by which the resolution 

18 is agreed to or disagreed to is not in order. 

19 (3) VOTE ON FINAL PASSAGE.—Immediately 

20 following the conclusion of the debate on the resolu21 tion and a single quorum call at the conclusion of 

22 the debate if requested in accordance with the rules 

23 of the appropriate House, the vote on final passage 

24 of the resolution shall occur. 


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1 (4) APPEALS FROM DECISIONS OF CHAIR.—Ap2 peals from the decisions of the Chair relating to the 

3 application of the rules of the Senate or the House 

4 of Representatives, as the case may be, to the proce5 dure relating to a resolution shall be decided without 

6 debate. 

7 (f) CONSIDERATION BY OTHER HOUSE.— 

8 (1) IN GENERAL.—If, before the passage by one 

9 House of a resolution of that House described in 

10 subsection (b), that House receives from the other 

11 House a resolution described in subsection (b), then 

12 the following procedures shall apply: 

13 (A) The resolution of the other House shall 

14 not be referred to a committee and may not be 

15 considered in the House receiving it except in 

16 the case of final passage as provided in sub17 paragraph (B)(ii). 

18 (B) With respect to a resolution described 

19 in subsection (b) of the House receiving the res20 olution— 

21 (i) the procedure in that House shall 

22 be the same as if no resolution had been 

23 received from the other House; but 

24 (ii) the vote on final passage shall be 

25 on the resolution of the other House. 


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1 (2) FOLLOWING DISPOSITION.—Upon disposi2 tion of the resolution received from the other House, 

3 it shall no longer be in order to consider the resolu4 tion that originated in the receiving House. 

5 (g) RULES OF THE SENATE AND HOUSE OF REP6 RESENTATIVES.—This section is enacted by Congress— 

7 (1) as an exercise of the rulemaking power of 

8 the Senate and the House of Representatives, re9 spectively, and as such it is deemed a part of the 

10 rules of each House, respectively, but applicable only 

11 with respect to the procedure to be followed in that 

12 House in the case of a resolution described in sub13 section (b), and it supersedes other rules only to the 

14 extent that it is inconsistent with such rules; and 

15 (2) with full recognition of the constitutional 

16 right of either House to change the rules (so far as 

17 relating to the procedure of that House) at any time, 

18 in the same manner, and to the same extent as in 

19 the case of any other rule of that House. 

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

21 FORCE. 

22 The Authorization for Use of Military Force (Public 

23 Law 107–40; 115 Stat. 224; 50 U.S.C. 1541 note) is here24 by repealed, effective six months after the date of the en25 actment of this joint resolution. 


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1 SEC. 10. REPEAL OF AUTHORIZATION FOR USE OF MILI2 TARY FORCE AGAINST IRAQ RESOLUTION OF 

3 2002. 

4 The Authorization for Use of Military Force Against 

5 Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 

6 1498; 50 U.S.C. 1541 note) is hereby repealed. 

7 SEC. 11. DEFINITIONS. 

8 In this joint resolution: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES AND LEADERSHIP.—The term ‘‘appropriate 

11 congressional committees and leadership’’ means— 

12 (A) the majority leader and the minority 

13 leader of the Senate; 

14 (B) the Committee on Armed Services, the 

15 Committee on Foreign Relations, the Com16 mittee on Appropriations, and the Select Com17 mittee on Intelligence of the Senate; 

18 (C) the Speaker of the House of Rep19 resentatives and the minority leader of the 

20 House of Representatives; and 

21 (D) the Committee on Armed Services, the 

22 Committee on Foreign Affairs, the Committee 

23 on Appropriations, and the Permanent Select 

24 Committee on Intelligence of the House of Rep25 resentatives. 


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1 (2) COMPELLING UNITED STATES INTER2 ESTS.—The term ‘‘compelling United States inter3 ests’’ means the following: 

4 (A) United States territory. 

5 (B) The United States Armed Forces. 

6 (C) United States citizens. 

7 (3) FOREIGN STATE.—The term ‘‘foreign state’’ 

8 has the meaning given that term in section 1603(a) 

9 of title 28, United States Code, namely a foreign 

10 state, a political subdivision of a foreign state, or an 

11 agency or instrumentality of a foreign state (as that 

12 term is defined in section 1603(b) of such title). 

Æ 


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