Authorization for Use of Military Force Resolution of 2023

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 52 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
H. J. RES. 52

   To repeal and replace the Authorization for Use of Military Force.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2023

Mr. Meeks (for himself, Mr. Kim of New Jersey, Ms. Kuster, Ms. Dean of 
   Pennsylvania, Mr. Allred, Mr. Phillips, Mr. Crow, and Mr. Carson) 
  submitted the following joint resolution; which was referred to the 
  Committee on Foreign Affairs, and in addition to the Committees on 
Armed Services, and Intelligence (Permanent Select), for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                            JOINT RESOLUTION


 
   To repeal and replace the Authorization for Use of Military Force.

Whereas the Constitution vests Congress with the sole authority to declare war 
        and authorize the use of military force;
Whereas Congress has not updated the Authorization for Use of Military Force 
        (Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541 note) since it was 
        enacted into law seven days after the attacks of September 11, 2001;
Whereas the Authorization for Use of Military Force has been expanded to 
        authorize the use of military force against entities that did not exist 
        at the time of those attacks;
Whereas the United States remains ready to defend itself, when necessary, 
        against armed attack, or the imminent threat of such an attack, by 
        foreign terrorist groups; and
Whereas Congress recognizes that the members of the United States Armed Forces 
        and all other Americans deserve to know whether the deployment of the 
        Armed Forces for the use of military force under a congressional 
        authorization remains necessary and aligned with current threats: 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 Resolution of 2023''.

SEC. 2. REPEAL OF EXISTING AUTHORIZATION FOR USE OF MILITARY FORCE.

    (a) In General.--The Authorization for Use of Military Force 
(Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541 note) is hereby 
repealed.
    (b) Effective Date.--This section shall take effect on the date 
that is 180 days after the date of the enactment of this joint 
resolution.

SEC. 3. AUTHORIZATION FOR USE OF MILITARY FORCE.

    (a) Authorization.--
            (1) In general.--To the extent necessary to defend against 
        a direct and substantial armed attack against the United States 
        or a threat of such armed attack by any of the entities 
        described in paragraph (2), the President is authorized to use 
        necessary and appropriate force against such entities.
            (2) Entities described.--The entities described in this 
        paragraph are the following:
                    (A) The al Qaeda organization that is based in 
                Afghanistan.
                    (B) The Islamic State Khorasan organization that is 
                based in Afghanistan.
                    (C) The Islamic State of Iraq and Syria that is 
                based in Iraq and Syria.
    (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 subsection (a) 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 requirement of the War Powers 
        Resolution (50 U.S.C. 1541 et seq.).
    (c) Applicability in Changed Circumstances.--The authority provided 
in subsection (a)--
            (1) may not be construed to cease to apply with respect to 
        an entity described in such subsection if the entity adopts a 
        different name than the name specified in such subsection if--
                    (A) the President notifies the appropriate 
                congressional committees and leadership not later than 
                60 days after determining that the name has changed; 
                and
                    (B) the President determines that the entity has 
                the same leadership, membership, and mission and 
                continues to pose a direct and substantial threat of 
                armed attack against the United States as the entity 
                had at the time of the name change;
            (2) shall not apply to an entity that emerges as a result 
        of a division of an entity described in such subsection, unless 
        the President certifies to the appropriate congressional 
        committees and leadership not later than 60 days after 
        determining that a division occurred that--
                    (A) the entity that emerged has the same basic 
                characteristics as the entity from which it formed as a 
                result of division, including with respect to its 
                leadership, membership, and mission;
                    (B) the entity that emerged retains the intent and 
                capability of posing a direct and substantial threat of 
                armed attack the United States; and
                    (C) the use of force against the entity that 
                emerged remains necessary to respond to such threat of 
                armed attack; and
            (3) shall not apply to an entity that is not described in 
        such subsection, whether or not the entity is involved in an 
        armed conflict against a force of a United States ally or 
        partner or is an affiliate, associated force, or successor 
        entity of an entity described in such subsection.
    (d) Sole Source of Authority.--Notwithstanding any other provision 
of law, the authority provided in subsection (a) shall be the sole 
statutory authority to use force or direct the use of force against the 
entities to which such subsection applies. No additional authority to 
use force or direct the use of force against the entities to which 
subsection (a) applies shall be inferred from any provision of law 
(whether or not in effect before the date of the enactment of this 
joint resolution), including any provision contained in any 
appropriation Act, unless such provision specifically provides for 
authority to use force or direct the use of force against the entities 
to which subsection (a) applies and states that it is intended to 
constitute additional authority within the meaning of this joint 
resolution.
    (e) Treaty Commitments, Law of Armed Conflict, and Territorial 
Integrity of States.--The authority provided in subsection (a) shall 
not be used in a manner inconsistent with the treaty obligations of the 
United States, the law of armed conflict, or in countries from which 
there is no armed attack emanating.
    (f) Report Pursuant to War Powers Resolution.--Any use of force 
against an entity that is not described in subsection (a) or otherwise 
authorized by statute shall be reported to the Speaker of the House of 
Representatives and the President pro tempore of the Senate as an 
introduction into hostilities pursuant to section 4(a)(1) of the War 
Powers Resolution, and shall be subject to the requirements of the War 
Powers Resolution as such.
    (g) Effective Date.--This section shall take effect on the date 
that is 180 days after the date of the enactment of this joint 
resolution.

SEC. 4. REPORT.

    (a) In General.--Not later than one year after the date of the 
enactment of this joint resolution, and annually thereafter for four 
years, the Secretary of Defense, the Secretary of State, the Director 
of National Intelligence, the Director of the Central Intelligence 
Agency, and the heads of any other relevant Federal departments and 
agencies shall jointly submit to the appropriate congressional 
committees and leadership a report on the exercise of the authority 
provided in section 3(a). The initial report required by this 
subsection shall address the time period since the date of the 
enactment of this joint resolution and each subsequent report required 
by this subsection shall address the time period since the date of 
submission of the most recent prior report required by this subsection.
    (b) Matters To Be Included.--The report required by subsection (a) 
shall including the following:
            (1) For each entity against which the United States 
        conducted activities pursuant to this joint resolution:
                    (A) A description of any force used against such 
                entity, the timeframes and geographic areas within 
                countries in which such force was used, whether or not 
                each such area is designated an area of active 
                hostilities, and the legal and factual basis for 
                determining that the authority provided in this joint 
                resolution applied with respect to the force used 
                against such entity, including the United States 
                constitutional and statutory basis and whether such use 
                is consistent with the obligations of the United States 
                under its treaty obligations and the law of armed 
                conflict.
                    (B) The domains, including land, sea, air, cyber, 
                space, or any other domains, in which operations were 
                conducted against such entity, the nature of these 
                operations, and whether such operations were conducted 
                remotely.
                    (C) Lists and descriptions of any operations 
                against high value targets, any sensitive military 
                operations (as such term is defined in section 130f of 
                title 10, United States Code), and any sensitive 
                military cyber operations (as such term is defined in 
                section 395 of title 10, United States Code) conducted 
                with respect to such entity.
                    (D) Whether any force used against such entity was 
                a function of deliberate or dynamic targeting and the 
                number of combatant casualties, disaggregated by 
                country, in connection with force used.
                    (E) Assessments of the extent to which such entity 
                posed a direct and substantial threat of an armed 
                attack against the United States at the time force was 
                used, the extent to which such entity continues to pose 
                such a threat, and whether the force used against such 
                entity helped to protect against such threat, including 
                the metrics used for such assessments.
                    (F) Whether and to what extent such entity used 
                force against United States forces.
            (2) An identification and description of the involvement of 
        any multilateral forces, multilateral organizations, ally or 
        partner countries, or ally or partner forces in activities 
        conducted pursuant to this joint resolution, including a 
        description of any United States activities related to 
        training, equipping, advising, assisting, or accompanying any 
        ally or partner force with respect to activities against entity 
        covered in section 3(a), including identification of each such 
        ally or partner force, each entity covered under section 3(a) 
        against with such ally or partner force engaged in armed 
        conflict, and any other entity against which such ally or 
        partner force engaged in armed conflict.
            (3) A description of the civilian casualties resulting from 
        activities conducted pursuant to this joint resolution, 
        including for each such entity the number of civilian 
        casualties, disaggregated by country, in connection with force 
        used by the United States against such entity, as determined 
        by--
                    (A) the United States Government; and
                    (B) credible and reliable nongovernmental entities.
            (4) An explanation for the differences, if any, between the 
        number of civilian casualties reported pursuant to paragraph 
        (3)(A) and the number of civilian casualties reported pursuant 
        to paragraph (3)(B), the standard of proof the United States 
        government used to make its assessment and its criteria for 
        distinguishing between combatants and civilians.
            (5) Descriptions of the mechanisms used to prevent, limit, 
        investigate, and mitigate civilian harm in connection with any 
        force used against such entity, including descriptions of any 
        ex gratia payments by the United States to those harmed as a 
        result of United States, allied, partnered, or coalition 
        operations.
            (6) An assessment of whether any ally or partner force with 
        which the United States conducts joint operations under this 
        authorization may have violated the law of armed conflict, 
        including in its involvement in detention operations, during 
        the time period since submittal of the most recent report 
        pursuant to this section and a description of the steps the 
        United States is taking to address any such violations.
            (7) A description of the diplomatic, development, and 
        humanitarian objectives, strategy, and activities by which the 
        United States intends to reduce extremism, violence, and 
        fragility relative to each such entity in order to create the 
        conditions for the end of use of United States military force 
        against such entity, including the following:
                    (A) How the United States has and plans to--
                            (i) create or improve inclusive, 
                        transparent, and accountable power structures, 
                        including effective, legitimate, and resilient 
                        national and sub-national institutions;
                            (ii) promote strong foundations for human 
                        rights, rule of law, and equal access to 
                        justice;
                            (iii) build resilience among relevant 
                        segments of the local population to resist 
                        terrorist radicalization and recruitment and 
                        violent extremist ideology by addressing their 
                        appeal; and
                            (iv) support peacebuilding and conflict 
                        resolution efforts, including through 
                        engagement with local civil society.
                    (B) The roles of each relevant Federal department 
                or agency in the activities described in subparagraph 
                (A).
                    (C) How the use of force by the United States and 
                any ally or partner force against entities covered in 
                section 3(a) in such country affects achievement of the 
                objectives outlined this paragraph.
                    (D) The outcome metrics used to assess progress 
                towards the objectives described in this paragraph and 
                an assessment of progress on each such metric.
                    (E) A strategy to sustain political, security, and 
                development gains relative to each such entity once the 
                United States no longer uses force against such entity.
            (8) A comprehensive and current description, both for the 
        reporting period and in aggregate as of the date of submittal, 
        of--
                    (A) amounts expended by the United States for and 
                in support of military operations and other activities 
                pursuant to this joint resolution; and
                    (B) United States military personnel, United States 
                civilian personnel, and United States contractors 
                involved in activities against such entity, including 
                the numbers located in each foreign country, their 
                missions, and assessments of progress towards 
                completing those missions during the reporting period, 
                as well as the outcome metrics used to assess such 
                progress.
            (9) A description of any other force that was used or any 
        other significant activities that were conducted in connection 
        with the authority provided in this joint resolution, as well 
        as any other matters the President may consider appropriate.
    (c) Form.--
            (1) In general.--The report required by subsection (a) 
        shall be submitted in unclassified form.
            (2) Classified form.--The report required by subsection (a) 
        may contain a classified annex if the President determines it 
        is necessary to protect the national security of the United 
        States. Any such annex shall be separated from the unclassified 
        report and accompanied by unclassified written findings to 
        support such a determination.
    (d) Briefings.--The Secretary of Defense, the Secretary of State, 
the Director of National Intelligence, the Director of the Central 
Intelligence Agency, and the heads of any other relevant Federal 
departments and agencies shall provide a briefing to any of the 
appropriate congressional committees or leadership upon request of such 
committee or leadership, but not less often than every 180 days, on the 
activities undertaken pursuant to this joint resolution.

SEC. 5. SUNSET; REAUTHORIZATION REQUIREMENTS.

    (a) Sunset.--
            (1) In general.--Except as provided in paragraph (2), the 
        authority provided in section 3(a) shall terminate on the date 
        that is four years after the date of the enactment of this 
        joint resolution, unless reauthorized by an Act of Congress 
        enacted after the date of the enactment of this joint 
        resolution.
            (2) Limited wind-down period.--For such time as may be 
        necessary, but not to exceed 180 days after the date described 
        in paragraph (1), the authority provided in section 3(a) may be 
        exercised only as necessary to end the deployment or engagement 
        of United States Armed Forces.
    (b) Reauthorization Requirements.--
            (1) Strategy.--Not later than one year after the date of 
        the enactment of this joint resolution, and annually thereafter 
        for four years, the President, in order to inform any potential 
        reauthorization of the authority provided in section 3(a), 
        shall submit to the appropriate congressional committees and 
        leadership a strategy for--
                    (A) defeating or sufficiently degrading each entity 
                described in section 3(a)(2); and
                    (B) creating the conditions under which the 
                exercise of such authority is no longer necessary to 
                defend against a direct and substantial armed attack 
                against the United States or a threat of such armed 
                attack by such entity.
            (2) Report.--
                    (A) In general.--Not later than 90 days before the 
                date described in subsection (a)(1), the President 
                shall submit to the appropriate congressional 
                committees and leadership a report on any potential 
                reauthorization of the authority provided in section 
                3(a).
                    (B) Matters to be included.--The report required by 
                subparagraph (A) shall include--
                            (i) a certification of whether each entity 
                        described in section 3(a)(2) continues to pose 
                        a direct and substantial threat of armed attack 
                        against the United States;
                            (ii) evidence to support the certification 
                        required by clause (i), including relevant 
                        intelligence regarding the current intentions 
                        and capabilities of each such entity; and
                            (iii) any recommendations the President 
                        determines to be necessary for the extension or 
                        modification of such authority, including any 
                        recommendations and justifications for adding 
                        or removing entities from the list of entities 
                        described in section 3(a)(2).
            (3) Briefing.--The President shall brief the appropriate 
        congressional committees and leadership on any recommendations 
        for the reauthorization of the authority provided in section 
        3(a) that are included in the report required by paragraph (2).

SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP DEFINED.

    In this joint resolution, the term ``appropriate congressional 
committees and leadership'' means--
            (1) the Committee on Foreign Affairs, the Committee on 
        Armed Services, the Permanent Select Committee on Intelligence, 
        the Committee on Appropriations, the Speaker, the majority 
        leader, and the minority leader of the House of 
        Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Armed Services, the Select Committee on Intelligence, the 
        Committee on Appropriations, the majority leader, and the 
        minority leader of the Senate.
                                 &lt;all&gt;
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