113 HJ 128 IH: To authorize the use of United States Armed Forces against the Islamic State of Iraq and the Levant. U.S. House of Representatives 2014-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IA 113th CONGRESS 2d Session H. J. RES. 128 IN THE HOUSE OF REPRESENTATIVES September 19, 2014 Mr. Larson of Connecticut introduced the following joint resolution; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Rules, 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 authorize the use of United States Armed Forces against the Islamic State of Iraq and the Levant.

Whereas the Islamic State of Iraq and the Levant (ISIL) has committed gruesome atrocities in Iraq and Syria; Whereas ISIL has been instigating sectarian violence that threatens the stability of the Middle East region and the national security interest of the United States; Whereas ISIL has directly threatened the United States and has kidnapped and killed United States citizens in Syria; Whereas such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; Whereas such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; Whereas consistent with the War Powers Resolution (Public Law 93–148), the President authorized a series of limited airstrikes in Iraq to protect United States personnel and support certain humanitarian operations; and Whereas continued use of the United States Armed Forces after the time limitations specified in section 5(b) of the War Powers Act requires authorization by the United States Congress: Now, therefore, be it

1.

Short title

This joint resolution may be cited as the Authorization for Use of Military Force Against ISIL Resolution.

2.

Sense of Congress

It is the sense of Congress that— (1)the President has rightly committed limited forces in Iraq to protect United States diplomatic and military personnel against the threat of the Islamic State of Iraq and the Levant (ISIL); (2)the President should be commended for authorizing military operations to protect ethnic and religious minorities from slaughter at the hands of ISIL and for providing assistance to prevent a humanitarian disaster; (3)the President should be commended for working with North Atlantic Treaty Organization allies to form a coordinated world response to the threat of ISIL; (4)if the President determines that it is necessary to use the United States Armed Forces against ISIL, the President— (A)should seek consensus in the United Nations Security Council prior to pursuing a multilateral military campaign against ISIL; (B)should endeavor to form a coalition of allies as broadly based as practicable to support and participate with the United States Armed Forces; and (C)should seek equal participation and assistance from members of the Arab League; and (5)although military intervention might be necessary to significantly disrupt and degrade ISIL’s activities and operational capabilities in Iraq and Syria, a negotiated political solution among ethnic groups is the only sure solution to end sectarian violence and reach permanent peace.

3.

Authorization for use of United States Armed Forces in accordance with United Nations Security Council resolution

(a)

Authorization

The President is authorized to use the United States Armed Forces as the President determines to be necessary and appropriate in order to— (1)defend the national security of the United States against the Islamic State of Iraq and the Levant (ISIL); and (2)enforce a United Nations Security Council resolution adopted on or after the date of the enactment of this joint resolution that— (A)provides for multilateral action against ISIL, including sanctions, humanitarian assistance to those affected by the violence, and the protection of civilians, refugees, nongovernmental organization workers and journalists; and (B)authorizes a military force, formed by a coalition of nations, including members of the Arab League, under the auspices of the United Nations Security Council for the individual and collective self-defense against ISIL and to degrade its capacities to commit terrorist acts, destabilize peaceful governments, and perpetuate further attacks. (b)

Rule of construction

Nothing in subsection (a) shall be construed to prevent or otherwise limit the authority of the Armed Forces to use all appropriate force for self-defense and enforcement purposes.

4.

Authorization for use of United States Armed Forces in absence of United Nations Security Council resolution

(a)

Authorization

The President is authorized to use the United States Armed Forces as the President determines to be necessary and appropriate to defend the national security of the United States against the Islamic State of Iraq and the Levant (ISIL), other than the use of such Armed Forces in direct ground combat operations, if— (1)the President submits to the Speaker of the House of Representatives and the President pro tempore of the Senate— (A)a certification described in subsection (b); and (B)a strategy for the use of military force against ISIL; and (2)a joint resolution that meets the requirements of a qualifying resolution under section 5 is enacted into law. (b)

Certification described

A certification described in this subsection is a certification that— (1) (A)the United States has sought adoption by the United Nations Security Council of a resolution described in section 2(4), and the Security Council has failed to adopt such a resolution, and no other action taken by the United Nations Security Council has been sufficient to compel action against ISIL; or (B)the United Nations Security Council has passed a resolution that does not sanction the use of force, and— (i)the United Nations Security Council is unlikely to take further action that will result in authorizing military action; and (ii)the use of military force against ISIL is necessary to combat its threat; and (2)the United States is in the process of establishing, or has established, a coalition of other countries as broadly based as practicable to support and participate with the United States in any action that is taken against ISIL.

5.

Expedited congressional consideration of joint resolution authorizing use of force under section 4

(a)

Qualifying resolution

(1)This section applies with respect to a joint resolution of the Senate or House of Representatives— (A)that is a qualifying resolution; and (B)that is introduced (by request) by a qualifying Member as described in paragraph (2) not later than the next legislative day after the date of submission of a certification described in section 4(b) by the Speaker of the House of Representatives and the President pro tempore of the Senate; and (C)the text of which is as follows: The President is authorized to use the United States Armed Forces as the President determines to be necessary and appropriate to defend the national security of the United States against the Islamic State of Iraq and the Levant (ISIL), other than the use of such Armed Forces in direct ground combat operations.. (2)For purposes of this subsection, a qualifying Member is— (A)in the case of the House of Representatives, the majority leader or minority leader of the House of Representatives; and (B)in the case of the Senate, the majority leader or minority leader of the Senate. (b)

Placement on calendar

Upon introduction in either House of a resolution described in subsection (a), the resolution shall be placed on the appropriate calendar of the House involved. (c)

Consideration in the house of representatives

(1)A resolution described in subsection (a) shall be considered in the House of Representatives in accordance with the provisions of this subsection. (2)On or after the first legislative day after the day on which such a resolution is introduced, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the House of Representatives to move to proceed to the consideration of the resolution. All points of order against the resolution (and against consideration of the resolution) are waived. Such a motion is privileged and is not debatable. An amendment to the motion is not in order. It shall not be in order to move to postpone the motion or 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 House of Representatives shall immediately proceed to consideration of the resolution without intervening motion, and the resolution shall remain the unfinished business of the House of Representatives until disposed of. (3)Debate on the resolution shall be limited to not more than a total of 20 hours, which shall be divided equally between the majority leader and the minority leader or their designees. A motion to further limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order. (4)Immediately following the conclusion of the debate on the resolution, the vote on final passage of the resolution shall occur. (5)A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (d)

Consideration in senate

(1)A resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of this subsection. (2)On or after the first legislative day after the day on which such a resolution is introduced, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the resolution. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is privileged 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 Senate shall immediately proceed to consideration of the resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the Senate until disposed of. (3)Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than a total of 20 hours, which shall be divided equally between the majority leader and the minority leader or their designees. A motion to further limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order. (4)Immediately following the conclusion of the debate on a resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the resolution shall occur. (5)A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (6)Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e)

Action on measure from other house

(1)If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), 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 as provided in subparagraph (B)(ii). (B)With respect to a resolution described in subsection (a) 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)Upon disposition pursuant to paragraph (1)(B)(ii) of a resolution described in subsection (a) that is received by one House from the other House, it shall no longer be in order to consider such a resolution that was introduced in the receiving House. (f)

Legislative day defined

For the purposes of this section, with respect to either House of Congress, a legislative day is a calendar day on which that House is in session. (g)

Section enacted as exercise of rulemaking power of the two houses

The provisions of this section (other than subsection (h)) are enacted by the Congress— (1)as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and, as such, shall be considered as part of the rules of either House and shall supersede other rules only to the extent they are inconsistent therewith; and (2)with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedures 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. (h)

Presidential recall of congress

In the event that Congress is not in session upon submission of a Presidential certification under section 4, the President is authorized to convene a special session of the Congress to allow consideration of a joint resolution under this section.

6.

Reports to Congress

(a)

In general

At least once every 60 days after the date of the enactment of this joint resolution, the President shall transmit to Congress a report on matters relevant to this joint resolution. The President shall include in such report when, where, and under what circumstances lethal force has been used pursuant to the authorization for use of the United States Armed Forces under section 3 or 4 (as the case may be), and how many civilian casualties have resulted from those actions as well as an estimate of expenditures by the United States and allied nations to combat the Islamic State of Iraq and the Levant (ISIL). The President shall include in such report the status of planning for efforts that are expected to be required for the redeployment of United States Armed Forces after actions taken pursuant to this joint resolution are completed. (b)

Consultation

The President shall consult on a regular basis with the congressional committees of jurisdiction to provide updated information on actions being taken pursuant to this joint resolution in either public or closed sessions.

7.

War powers resolution requirements

(a)

Specific statutory authorization

Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that section 3 or 4 (as the case may be) is intended to constitute specific authorization within the meaning of section 5(b) of the War Powers Resolution. (b)

Applicability of other requirements

Nothing in this resolution supersedes any requirement of the War Powers Resolution.

8.

Inherent right to self-defense

Nothing in this joint resolution is intended to derogate or otherwise limit the authority of the President to use military force in self-defense pursuant to the Constitution of the United States and the War Powers Resolution.

9.

Repeals

(a)

In general

Subject to subsection (b), the following provisions of law are hereby repealed: (1)The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243). (2)The Authorization for Use of Military Force (Public Law 107–40). (b)

Effective date

The repeal made by subsection (a)(2) shall be effective as of the date that is two years after the date of the enactment of this joint resolution.

10.

Sunset

This joint resolution and the authorities under this joint resolution (other than section 9) shall expire on the date that is two years after the date of the enactment of this joint resolution.