Title: Constitutional Consideration for Use of Force Resolution
Policy area: International Affairs

Summary:
Constitutional Consideration for Use of Force Resolution
This bill sets forth new authorities for the use of force by U.S. Armed Forces in Iraq, Afghanistan, or additional countries against the Taliban, al Qaeda, and the Islamic State in Iraq and the Levant (ISIL), and any new non-state organizations or forces. The bill also repeals the separate authorizations for the use of military force by the United States with respect to the September 11, 2001, terrorist attacks and the war in Iraq.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 61 Introduced in Senate (IS)]

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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.);
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
    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 ``Constitutional 
Consideration for Use of Force Resolution.''

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

    The President is authorized to use all necessary and appropriate 
force in Iraq and Afghanistan against the Taliban, al Qaeda, and the 
Islamic State in Iraq and the Levant (ISIL) in order to protect the 
United States and its compelling interests (as defined in section 11) 
from attack by the Taliban, al Qaeda, and the Islamic State in Iraq and 
the Levant.

SEC. 3. LIMITATIONS.

    (a) State Actors.--This joint resolution does not authorize use of 
force against any foreign state (as defined in section 11).
    (b) Nonapplicability to Unspecified Entities.--The authorization 
provided by section 2 extends only to the entities specified in that 
section, and does not extend to organizations or forces that the 
President determines to be associated forces, successor forces, or 
forces otherwise related to the entities specified in that section.
    (c) Applicability of International Law.--The authority in this 
joint resolution may be used only in a manner consistent with the 
obligations of the United States under international law.
    (d) 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 section 2 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.).

SEC. 4. NEW GROUPS AND COUNTRIES AND USE OF GROUND FORCES IN A COMBAT 
              ROLE.

    (a) Use of Force Against Other Non-State Parties to the Conflict.--
            (1) Expedited consideration of joint resolution to 
        authorize.--A joint resolution to authorize use of force 
        against any organization or force not specified in section 2 
        (in this joint resolution referred to as a ``new group'') shall 
        be eligible for expedited consideration in accordance with the 
        procedures in section 8 (in this section referred to as 
        ``expedited consideration'').
            (2) Limitation.--A joint resolution under this subsection 
        shall not be eligible for expedited consideration unless the 
        new group covered by the joint resolution--
                    (A) is not a foreign state;
                    (B) is an organized armed group that has engaged, 
                and continues to be engaged, in active hostilities 
                against the United States as a party to an ongoing 
                armed conflict involving the groups specified in 
                section 2; and
                    (C) demonstrates a credible ability to conduct a 
                substantial attack against compelling United States 
                interests.
    (b) Use of Force in Additional Countries.--
            (1) Expedited consideration of joint resolution to 
        authorize.--A joint resolution to authorize use of force 
        against the groups specified in section 2, or any new group 
        covered by a joint resolution enacted pursuant to subsection 
        (a), in a country other than those specified in the joint 
        resolution authorizing such use of force (in this section 
        referred to as a ``new country'') shall be eligible for 
        expedited consideration.
            (2) Limitation.--A joint resolution described by paragraph 
        (1) that also authorizes use of ground forces in a combat role 
        shall not be eligible for expedited consideration.
    (c) Expedited Consideration of Joint Resolution To Authorize Use of 
Ground Forces in Combat Role in Additional Countries.--A joint 
resolution to authorize use of ground forces in a combat role in a new 
country for which authorization of use of force has been provided under 
subsection (b) shall be eligible for expedited consideration.
    (d) Ground Forces in a Combat Role.--For purposes of this section, 
ground forces in a combat role do not include the following:
            (1) Small detachments of special operations forces.
            (2) Any other forces deployed under any authority other 
        than the authority in this joint resolution.
    (e) Presidential Request.--To be eligible for expedited 
consideration, a joint resolution described in subsection (a), (b), or 
(c) must be requested in writing by the President to the appropriate 
congressional committees and leadership, together with a written 
justification of the manner which such joint resolution meets the 
applicable criteria in such subsection.
    (f) Separate Joint Resolution Required for Each Authorization.--To 
be eligible for expedited consideration, a separate joint resolution is 
required for each new group, each new country, and each use of ground 
forces in a combat role in a new country.

SEC. 5. SUNSET UPON CESSATION OF THREAT.

    (a) Reports on Continuing Threats.--Not later than six months after 
the date of the enactment of this joint resolution, and every six 
months thereafter, the President shall, in consultation with the 
Secretary of Defense, the Secretary of State and the Director of 
National Intelligence, submit to the appropriate congressional 
committees and leadership a report certifying whether or not each group 
specified in section 2, and each new group against which use of force 
is currently authorized by this joint resolution pursuant to section 
4(a), continues to meet the criteria set forth in section 4(a)(2).
    (b) Sunset.--If the President does not certify under subsection (a) 
that a group described in that subsection continues to meet the 
criteria set forth in section 4(a)(2), the authorization in this joint 
resolution to use force against such group shall cease, effective as of 
the date that is 60 days after the date the certification is due.
    (c) Construction.--The cessation of authority to use force against 
a group under subsection (b) shall not be construed as the cessation of 
authority to use force pursuant to this joint resolution against any 
other group specified in section 2, or against any new group covered by 
section 4(a) against which force is being used pursuant to this joint 
resolution at the time of such cessation of authority.

SEC. 6. DURATION OF AUTHORIZATION.

    (a) In General.--The authorization for use of force in this joint 
resolution shall expire on the date that is three years after the date 
of the enactment of this joint resolution.
    (b) Report.--Not later than 90 days before the expiration date 
provided for in subsection (a), the President shall submit to Congress 
a report on use of force pursuant to this joint resolution. The report 
may include recommendations of the President for extension, whether 
with or without modification, of this joint resolution.
    (c) Procedures for Enactment.--Any joint resolution to extend this 
joint resolution, whether with or without modification, shall be 
eligible for expedited consideration in accordance with the procedures 
in section 8.

SEC. 7. REPORTING AND PUBLIC NOTICE REQUIREMENTS.

    (a) In General.--Not later than six months after the date of the 
enactment of this joint resolution, and every six months thereafter, 
the President shall submit to the appropriate congressional committees 
and leadership, and shall publish in the Federal Register, a report 
setting forth the following:
            (1) A list of the groups, organizations, and forces against 
        which the United States is using force pursuant to this joint 
        resolution as of the date of submittal and publication.
            (2) For each group, organization, and force listed under 
        paragraph (1)--
                    (A) the extent to which such group, organization, 
                or force directly targeted any compelling United States 
                interest during the six-month period ending on the date 
                of submittal and publication (in this section referred 
                to as the ``reporting period''); and
                    (B) the extent to which such group, organization, 
                or force continues to pose a threat to any compelling 
                United States interest as of the date of submittal and 
                publication.
            (3) A list of the countries in which the United States used 
        force pursuant to this joint resolution during the reporting 
        period, including the geographic location in each country in 
        which the United States so used force.
            (4) The number of combatant casualties in connection with 
        the use of force pursuant to this joint resolution during the 
        reporting period.
            (5) The number of civilian casualties in connection with 
        the use of force pursuant to this joint resolution during the 
        reporting period, as determined by the following:
                    (A) The United States Government.
                    (B) Credible and reliable nongovernmental entities.
            (6) An explanation for the differences, if any, between the 
        number of civilian casualties reported pursuant to paragraph 
        (5)(A) during the reporting period and the number of civilian 
        casualties reported pursuant to paragraph (5)(B) during the 
        reporting period.
            (7) A description of the mechanisms used to prevent and 
        limit civilian casualties in connection with the use of force 
        pursuant to this joint resolution during the reporting period.
            (8) A current description of the process by which the 
        United States investigates allegations of civilian casualties 
        resulting from United States military operations.
            (9) A description of the current national security, 
        diplomatic, development, and humanitarian goals of the United 
        States for each country listed under paragraph (3) in order to 
        create the conditions for the end of use of United States 
        military force in such country, and the strategy and expected 
        timeline to execute such goals.
            (10) An assessment, as of the date of submittal and 
        publication, of the bilateral and multilateral impact of United 
        States use of force pursuant to this joint resolution in each 
        country listed under paragraph (3), and an assessment of the 
        engagement of the government of such country with United States 
        use of force in such country.
            (11) A comprehensive and current description, both for the 
        reporting period and in aggregate as of the date of submittal 
        and publication, of the amounts expended by the United States 
        for and in support of military operations and activities in 
        connection with use of force pursuant to this joint resolution.
    (b) Form.--
            (1) In general.--Each report under subsection (a) shall be 
        submitted in unclassified form.
            (2) Classified form.--Except as provided in paragraph (3), 
        portion of a report under subsection (a) may be submitted in 
        classified form if strictly required to protect the national 
        security interests of the United States.
            (3) Certain information only in unclassified form.--The 
        information required by subsection (a)(1), and the countries 
        listed pursuant to subsection (a)(3), shall be submitted in 
        unclassified form.
    (c) Briefings.--The Department of Defense shall provide a briefing 
to any appropriate congressional committee or leadership upon request 
of such committee or leadership not less often than every six months on 
activities undertaken pursuant to this joint resolution.

SEC. 8. EXPEDITED PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTIONS.

    (a) In General.--A resolution specified in subsection (b) shall be 
eligible for consideration using expedited procedures specified in this 
section.
    (b) Resolutions.--A resolution specified in this subsection is any 
joint resolution as follows:
            (1) A joint resolution covered by section 4.
            (2) A joint resolution to extend, whether with or without 
        modification, this joint resolution, as provided for in section 
        6.
    (c) Referral.--A resolution described in subsection (b) introduced 
in the Senate shall be referred to the Committee on Foreign Relations 
of the Senate. A resolution described in subsection (b) that is 
introduced in the House of Representatives shall be referred to the 
Committee on Foreign Affairs of the House of Representatives.
    (d) Discharge.--If the committee to which a resolution described in 
subsection (b) is referred has not reported such resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date of introduction, such committee shall be, at the end of such 
period, discharged from further consideration of such resolution, and 
such resolution shall be placed on the appropriate calendar of the 
House involved.
    (e) Consideration.--
            (1) In general.--On or after the third day after the date 
        on which the committee to which such a resolution is referred 
        has reported, or has been discharged (under subsection (d)) 
        from further consideration of, such a resolution, it is in 
        order (even though a previous motion to the same effect has 
        been disagreed to) for any Member of the respective House to 
        move to proceed to the consideration of the resolution. A 
        Member may make the motion only on the day after the calendar 
        day on which the Member announces to the House concerned the 
        Member's intention to make the motion, except that, in the case 
        of the House of Representatives, the motion may be made without 
        such prior announcement if the motion is made by direction of 
        the committee to which the resolution was referred. All points 
        of order against the resolution (and against consideration of 
        the resolution) are waived. The motion is highly privileged in 
        the House of Representatives and is privileged in the Senate 
        and is not debatable. The motion is not subject to amendment, 
        or to a motion to postpone, or to a motion to proceed to the 
        consideration of other business. A motion to reconsider the 
        vote by which the motion is agreed to or disagreed to shall not 
        be in order. If a motion to proceed to the consideration of the 
        resolution is agreed to, the respective House shall immediately 
        proceed to consideration of the joint resolution without 
        intervening motion, order, or other business, and the 
        resolution shall remain the unfinished business of the 
        respective House until disposed of.
            (2) Debate.--Debate on the resolution, and on all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 30 hours, which shall be divided equally 
        between those favoring and those opposing the resolution. An 
        amendment to the resolution is not in order. A motion further 
        to limit debate is in order and not debatable. A motion to 
        postpone, or a motion to proceed to the consideration of other 
        business, or a motion to recommit the resolution is not in 
        order. A motion to reconsider the vote by which the resolution 
        is agreed to or disagreed to is not in order.
            (3) Vote on final passage.--Immediately following the 
        conclusion of the debate on the resolution and a single quorum 
        call at the conclusion of the debate if requested in accordance 
        with the rules of the appropriate House, the vote on final 
        passage of the resolution shall occur.
            (4) Appeals from decisions of chair.--Appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the Senate or the House of Representatives, as the case may 
        be, to the procedure relating to a resolution shall be decided 
        without debate.
    (f) Consideration by Other House.--
            (1) In general.--If, before the passage by one House of a 
        resolution of that House described in subsection (b), that 
        House receives from the other House a resolution described in 
        subsection (b), then the following procedures shall apply:
                    (A) The resolution of the other House shall not be 
                referred to a committee and may not be considered in 
                the House receiving it except in the case of final 
                passage as provided in subparagraph (B)(ii).
                    (B) With respect to a resolution described in 
                subsection (b) of the House receiving the resolution--
                            (i) the procedure in that House shall be 
                        the same as if no resolution had been received 
                        from the other House; but
                            (ii) the vote on final passage shall be on 
                        the resolution of the other House.
            (2) Following disposition.--Upon disposition of the 
        resolution received from the other House, it shall no longer be 
        in order to consider the resolution that originated in the 
        receiving House.
    (g) Rules of the Senate and House of Representatives.--This section 
is enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such it 
        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 resolution described in subsection 
        (b), and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) 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. 9. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE.

    The Authorization for Use of Military Force (Public Law 107-40; 115 
Stat. 224; 50 U.S.C. 1541 note) is hereby repealed, effective six 
months after the date of the enactment of this joint resolution.

SEC. 10. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ 
              RESOLUTION OF 2002.

    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.

SEC. 11. DEFINITIONS.

    In this joint resolution:
            (1) Appropriate congressional committees and leadership.--
        The term ``appropriate congressional committees and 
        leadership'' means--
                    (A) the majority leader and the minority leader of 
                the Senate;
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Relations, the Committee on Appropriations, 
                and the Select Committee on Intelligence of the Senate;
                    (C) the Speaker of the House of Representatives and 
                the minority leader of the House of Representatives; 
                and
                    (D) the Committee on Armed Services, the Committee 
                on Foreign Affairs, the Committee on Appropriations, 
                and the Permanent Select Committee on Intelligence of 
                the House of Representatives.
            (2) Compelling united states interests.--The term 
        ``compelling United States interests'' means the following:
                    (A) United States territory.
                    (B) The United States Armed Forces.
                    (C) United States citizens.
            (3) Foreign state.--The term ``foreign state'' has the 
        meaning given that term in section 1603(a) of title 28, United 
        States Code, namely a foreign state, a political subdivision of 
        a foreign state, or an agency or instrumentality of a foreign 
        state (as that term is defined in section 1603(b) of such 
        title).
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