III 

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. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

5 (1) Congress has the sole power to declare war 

6 under the War Powers Clause of section 8 of article 

7 I of the Constitution of the United States. 

8 (2) Niger hosts the second-largest United 

9 States military presence in Africa, with more than 


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1 1,000 members of the United States Armed Forces 

2 in the country as of June 2023. 

3 (3) Congress has not declared war against the 

4 Republic of Niger or any organization or group in 

5 Niger, nor has Congress provided a specific statu6 tory authorization for the involvement of United 

7 States Armed Forces in the armed conflict or any 

8 hostilities in Niger. 

9 (4) The Authorization for Use of Military Force 

10 (Public Law 107–40; 50 U.S.C. 1541 note) against 

11 the perpetrators of the terror attacks on September 

12 11, 2001, which was enacted on September 18, 

13 2001, and the Authorization for Use of Military 

14 Force Against Iraq Resolution of 2002 (Public Law 

15 107–243; 50 U.S.C. 1541 note), which was enacted 

16 on October 16, 2002, do not serve as specific statu17 tory authorizations for the use of force against 

18 Niger. 

19 (5) Since 2013, members of the United States 

20 Armed Forces have been introduced into hostilities 

21 with terrorist organizations and insurgent groups in 

22 the Republic of Niger, including through direct ex23 changes of fire with such groups. 

24 (6) On October 4, 2017, 4 members of the 

25 United States Armed Forces, Staff Sergeant Bryan 


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1 Black, Staff Sergeant Jeremiah Johnson, Sergeant 

2 La David Johnson, and Staff Sergeant Dustin 

3 Wright, were killed in an attack by a regional Is4 lamic State affiliate near the village of Tongo Tongo 

5 in western Niger. 

6 (7) On December 6, 2017, members of the 

7 United States Armed Forces engaged in a firefight 

8 and reportedly killed 11 members of a regional Is9 lamic State affiliate in southeastern Niger. 

10 (8) On July 26, 2023, a coup d’etat occurred 

11 in Niger when the presidential guard detained the 

12 duly-elected President Mohamed Bazoum, and a 

13 military junta, the National Council for the Safe14 guard of the Homeland, was established under the 

15 leadership of presidential guard commander general 

16 Abdourahamane Tchiani. 

17 (9) The coup d’etat triggered a regional conflict 

18 in which the Economic Community of West African 

19 States declared that it has chosen an undisclosed 

20 timeframe for possible military intervention in Niger 

21 to restore President Bazoum to power. 

22 (10) The regional conflict resulting from the 

23 coup d’etat threatens to involve members of the 

24 United States Armed Forces deployed in Niger, thus 


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1 expanding the scope and nature of United States in2 volvement in hostilities. 

3 (11) Section 8(c) of the War Powers Resolution 

4 (50 U.S.C. 1547(c)) defines the ‘‘introduction of 

5 United States Armed Forces’’ to include ‘‘the as6 signment of members of such Armed Forces to com7 mand, coordinate, participate in the movement of, or 

8 accompany the regular or irregular military forces of 

9 any foreign country or government when such mili10 tary forces are engaged, or there exists an imminent 

11 threat that such forces will become engaged, in hos12 tilities’’. Activities that the United States Armed 

13 Forces have conducted in Niger fall within such defi14 nition, as evidenced by direct exchanges of fire with 

15 various terrorist organizations and insurgent groups. 

16 (12) The United States Armed Forces have 

17 been introduced into active or imminent hostilities 

18 within the meaning of section 4(a) of the War Pow19 ers Resolution (50 U.S.C. 1543(a)). 

20 (13) Section 5(c) of the War Powers Resolution 

21 (50 U.S.C. 1544(c)) states, ‘‘at any time that 

22 United States Armed Forces are engaged in hos23 tilities outside the territory of the United States, its 

24 possessions and territories without a declaration of 

25 war or specific statutory authorization, such forces 


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1 shall be removed by the President if the Congress so 

2 directs’’. 

3 (14) Section 1013 of the Department of State 

4 Authorization Act, Fiscal Years 1984 and 1985 (50 

5 U.S.C. 1546a) provides, ‘‘[a]ny joint resolution or 

6 bill [to require] the removal of United States Armed 

7 Forces engaged in hostilities . . . without a declara8 tion of war or specific statutory authorization shall 

9 be considered in accordance with the procedures of 

10 section 601(b) of the International Security Assist11 ance and Arms Export Control Act of 1976’’ (Public 

12 Law 94-329; 90 Stat. 765). 

13 SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES 

14 FROM HOSTILITIES IN NIGER THAT HAVE 

15 NOT BEEN AUTHORIZED BY CONGRESS. 

16 Pursuant to section 1013 of the Department of State 

17 Authorization Act, Fiscal Years 1984 and 1985 (50 

18 U.S.C. 1546a) and in accordance with the provisions of 

19 section 601(b) of the International Security Assistance 

20 and Arms Export Control Act of 1976 (Public Law 94– 

21 329; 90 Stat. 765), Congress hereby directs the President 

22 to remove United States Armed Forces from hostilities in 

23 or affecting the Republic of Niger by not later than the 

24 date that is 30 days after the date of the adoption of this 

25 joint resolution (unless the President requests and ConVerDate Sep 11 2014 00:53 Sep 07, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SJ44.IS SJ44

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1 gress authorizes a later date), and unless and until a dec2 laration of war or specific authorization for such use of 

3 United States Armed Forces has been enacted. 

4 SEC. 3. RULE OF CONSTRUCTION REGARDING AUTHORIZA5 TIONS FOR USE OF MILITARY FORCE. 

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

7 Resolution (50 U.S.C. 1547(a)(1)), nothing in this joint 

8 resolution may be construed as authorizing the use of mili9 tary force. 

Æ 


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