```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 44 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
S. J. RES. 44

Directing the removal of United States Armed Forces from hostilities in 
    the Republic of Niger that have not been authorized by Congress.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2023

  Mr. Paul introduced the following joint resolution; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION

 
Directing the removal of United States Armed Forces from hostilities in 
    the Republic of Niger that have not been authorized by Congress.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Congress has the sole power to declare war under the 
        War Powers Clause of section 8 of article I of the Constitution 
        of the United States.
            (2) Niger hosts the second-largest United States military 
        presence in Africa, with more than 1,000 members of the United 
        States Armed Forces in the country as of June 2023.
            (3) Congress has not declared war against the Republic of 
        Niger or any organization or group in Niger, nor has Congress 
        provided a specific statutory authorization for the involvement 
        of United States Armed Forces in the armed conflict or any 
        hostilities in Niger.
            (4) The Authorization for Use of Military Force (Public Law 
        107-40; 50 U.S.C. 1541 note) against the perpetrators of the 
        terror attacks on September 11, 2001, which was enacted on 
        September 18, 2001, and the Authorization for Use of Military 
        Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 
        U.S.C. 1541 note), which was enacted on October 16, 2002, do 
        not serve as specific statutory authorizations for the use of 
        force against Niger.
            (5) Since 2013, members of the United States Armed Forces 
        have been introduced into hostilities with terrorist 
        organizations and insurgent groups in the Republic of Niger, 
        including through direct exchanges of fire with such groups.
            (6) On October 4, 2017, 4 members of the United States 
        Armed Forces, Staff Sergeant Bryan Black, Staff Sergeant 
        Jeremiah Johnson, Sergeant La David Johnson, and Staff Sergeant 
        Dustin Wright, were killed in an attack by a regional Islamic 
        State affiliate near the village of Tongo Tongo in western 
        Niger.
            (7) On December 6, 2017, members of the United States Armed 
        Forces engaged in a firefight and reportedly killed 11 members 
        of a regional Islamic State affiliate in southeastern Niger.
            (8) On July 26, 2023, a coup d'etat occurred in Niger when 
        the presidential guard detained the duly-elected President 
        Mohamed Bazoum, and a military junta, the National Council for 
        the Safeguard of the Homeland, was established under the 
        leadership of presidential guard commander general 
        Abdourahamane Tchiani.
            (9) The coup d'etat triggered a regional conflict in which 
        the Economic Community of West African States declared that it 
        has chosen an undisclosed timeframe for possible military 
        intervention in Niger to restore President Bazoum to power.
            (10) The regional conflict resulting from the coup d'etat 
        threatens to involve members of the United States Armed Forces 
        deployed in Niger, thus expanding the scope and nature of 
        United States involvement in hostilities.
            (11) Section 8(c) of the War Powers Resolution (50 U.S.C. 
        1547(c)) defines the ``introduction of United States Armed 
        Forces'' to include ``the assignment of members of such Armed 
        Forces to command, coordinate, participate in the movement of, 
        or accompany the regular or irregular military forces of any 
        foreign country or government when such military forces are 
        engaged, or there exists an imminent threat that such forces 
        will become engaged, in hostilities''. Activities that the 
        United States Armed Forces have conducted in Niger fall within 
        such definition, as evidenced by direct exchanges of fire with 
        various terrorist organizations and insurgent groups.
            (12) The United States Armed Forces have been introduced 
        into active or imminent hostilities within the meaning of 
        section 4(a) of the War Powers Resolution (50 U.S.C. 1543(a)).
            (13) Section 5(c) of the War Powers Resolution (50 U.S.C. 
        1544(c)) states, ``at any time that United States Armed Forces 
        are engaged in hostilities outside the territory of the United 
        States, its possessions and territories without a declaration 
        of war or specific statutory authorization, such forces shall 
        be removed by the President if the Congress so directs''.
            (14) Section 1013 of the Department of State Authorization 
        Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides, 
        ``[a]ny joint resolution or bill [to require] the removal of 
        United States Armed Forces engaged in hostilities . . . without 
        a declaration of war or specific statutory authorization shall 
        be considered in accordance with the procedures of section 
        601(b) of the International Security Assistance and Arms Export 
        Control Act of 1976'' (Public Law 94-329; 90 Stat. 765).

SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES IN NIGER 
              THAT HAVE NOT BEEN AUTHORIZED BY CONGRESS.

    Pursuant to section 1013 of the Department of State Authorization 
Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) and in accordance 
with the provisions of section 601(b) of the International Security 
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 
Stat. 765), Congress hereby directs the President to remove United 
States Armed Forces from hostilities in or affecting the Republic of 
Niger by not later than the date that is 30 days after the date of the 
adoption of this joint resolution (unless the President requests and 
Congress authorizes a later date), and unless and until a declaration 
of war or specific authorization for such use of United States Armed 
Forces has been enacted.

SEC. 3. RULE OF CONSTRUCTION REGARDING AUTHORIZATIONS FOR USE OF 
              MILITARY FORCE.

    Consistent with section 8(a)(1) of the War Powers Resolution (50 
U.S.C. 1547(a)(1)), nothing in this joint resolution may be construed 
as authorizing the use of military force.
                                 <all>
```