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