[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 128 Introduced in House (IH)]

113th CONGRESS
  2d Session
H. J. RES. 128

To authorize the use of United States Armed Forces against the Islamic 
                     State of Iraq and the Levant.


_______________________________________________________________________


                    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
    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 Against ISIL Resolution''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
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