IIA 118th CONGRESS 1st Session S. J. RES. 51 IN THE SENATE OF THE UNITED STATES November 15, 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 Syria that have not been authorized by Congress.

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) There are 900 members of the United States Armed Forces deployed in Syria. (3) Congress has not declared war against Syria or any organization or group in Syria. (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 Syria. (5) United States military operations in Syria began on September 22, 2014, more than 13 years after the September 11, 2001, terrorist attacks, with Operation Inherent Resolve targeting the Islamic State in Iraq and Syria (ISIS). (6) Since September 22, 2014, the United States Armed Forces have been introduced into hostilities in Syria, against both State and non-state actors. (7) The United States Armed Forces in Syria have targeted numerous entities, including the Syrian Armed Forces and pro-Syrian government forces, terrorist organizations, including ISIS, the Islamic Revolutionary Guard Corps, Iranian-backed militias, the Russian-backed Wagner Group, and the armed forces of Turkey. (8) On October 30, 2015, the administration of President Barack Obama deployed members of the United States Armed Forces, announcing that up to 50 special operations forces would be deployed to Syria. (9) On April 25, 2016, the Obama administration announced that an additional 250 special operations forces would be deployed to Syria. (10) On December 6, 2017, the Secretary of Defense revealed that there were approximately 2,000 members of the United States Armed Forces deployed in Syria. (11) Since 2016, United States Armed Forces have targeted personnel, platforms, and facilities of the Syrian Armed Forces or forces allied with the Government of Syria on at least 11 occasions, including on April 7, 2017, when United States Armed Forces fired 59 Tomahawk cruise missiles at Shayrat Airbase controlled by the Syrian Government. Syrian Government officials indicated the strike killed 16 people, including 7 military personnel. (12) On February 7, 2018, members of the United States Armed Forces in Syria killed hundreds of Russian citizens who were members of the Russian-backed Wagner Group. (13) On April 12, 2018, Director of the Central Intelligence Agency Mike Pompeo told the Committee on Foreign Relations of the Senate, In Syria, now, a handful of weeks ago, the Russians met their match. A couple hundred Russians were killed. . (14) On December 19, 2018, President Donald J. Trump ordered the withdrawal of all United States Armed Forces from Syria, a policy that was not implemented, as 900 members of the United States Armed Forces remain in Syria. (15) On February 28, 2019, President Trump declared that 100 percent of the Islamic State caliphate had been defeated, therefore achieving the objective of Operation Inherent Resolve. (16) On October 11, 2019, the Secretary of Defense reported that members of the United States Armed Forces in northern Syria came under artillery fire from Turkish Armed Forces. (17) Former United States Special Presidential Envoy for the anti-ISIS coalition Brett McGurk stated, Turkish forces have fired on a declared United States military outpost in northern Syria. Turkey knows all of our locations down to the precise grid coordinate. . (18) On July 11, 2019, Presidential candidate Joseph R. Biden, Jr., promised to end forever wars in Afghanistan and the Middle East and stated that Staying entrenched in unwinnable conflicts only drains our capacity to lead on other issues that require our attention. (19) On October 6, 2019, President Trump ordered the withdrawal of United States Armed Forces from northern Syria. (20) United States Armed Forces in Syria are regularly attacked by Iranian-backed militias, resulting in casualties. (21) On February 25, 2021, President Joseph R. Biden, Jr., ordered the United States Armed Forces to carry out airstrikes in eastern Syria against facilities used by Iran-backed militias in response to attacks against United States and allied personnel in Iraq that killed a Filipino contractor and injured a National Guardsmen and 4 United States contractors. (22) On June 27, 2021, President Biden ordered the United States Armed Forces to carry out airstrikes against Iran-backed militias in Syria in response to drone attacks against United States personnel and facilities in Iraq. (23) On August 24, 2022, President Biden ordered the United States Armed Forces to carry out airstrikes against Iran-backed militias in Deir al Zour, Syria, in response to attacks on a United States base in northeastern Syria that injured 3 members of the United States Armed Forces. (24) On March 24, 2023, President Biden ordered the United States Armed Forces to carry out airstrikes against Iran-backed militias in Syria in response to an attack in northeast Syria that killed a United States contractor and injured 5 members of the United States Armed Forces and another United States contractor. (25) On October 5, 2023, a United States F–16 aircraft shot down an armed Turkish drone operating in northeastern Syria. The drone was reported to have come within 500 yards of members of the United States Armed Forces. (26) Since October 17, 2023, United States Armed Forces in Syria and Iraq have been attacked at least 52 times, with 28 attacks in Syria and 24 attacks in Iraq. Such attacks resulted in at least 56 members of the United States Armed Forces being injured, of whom at least 25 members have sustained traumatic brain injuries. (27) On October 26, 2023, President Biden ordered United States Armed Forces to conduct airstrikes against a weapons storage facility and an ammunition storage facility used by the Islamic Revolutionary Guard Corps and Iranian-backed militias in Abu Kamal, Syria. (28) On November 8, 2023, President Biden ordered United States Armed Forces to conduct airstrikes against a weapons storage facility used by the Islamic Revolutionary Guard Corps and Iranian-backed militias in Maysalun, Syria. (29) On November 12, 2023, President Biden ordered United States Armed Forces to conduct airstrikes against a training facility and a safe house used by the Islamic Revolutionary Guard Corps and Iranian-backed militias in Abu Kamal and Mayadin, Syria. (30) Nine members of the United States Armed Forces have been killed in Syria since the commencement of Operation Inherent Resolve: Staff Sergeant Austin Bieren, Senior Chief Petty Officer Scott Dayton, Master Sergeant Jonathan Dunbar, Chief Warrant Officer 2 Jonathan Farmer, Senior Chief Petty Office Shannon Kent, Specialist Antonio Moore, Sgt. Bryan Mount, Specialist Etienne Murphy, and Private First Class Michael Thomason. (31) The 900 members of the United States Armed Forces deployed in Syria face significant risk, as is evidenced by regularly occurring attacks, and an imminent threat of wider hostilities involving such members of the United States Armed Forces in Syria. (32) 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 Syria fall within such definition, as is evidenced by United States support of the People’s Protection Units (YPG), the Syrian Democratic Forces (SDF), the Free Syrian Army (FSA), and other regular and irregular military forces in Syria. (33) 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) ). Activities that the United States Armed Forces have conducted in Syria fall within such meaning, as evidenced by strikes on the Syrian Armed Forces, pro-Syrian government forces, various terrorist organizations, including ISIS, the Islamic Revolutionary Guard Corps, Iranian-backed militias, the Russian-backed Wagner Group, and the Armed Forces of Turkey. (34) 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 . (35) Section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 ( 50 U.S.C. 1546a ) provides, Any 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). 2. Removal of United States Armed Forces from hostilities in Syria 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 Syria 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. 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.