[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 52 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. J. RES. 52
To repeal and replace the Authorization for Use of Military Force.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2023
Mr. Meeks (for himself, Mr. Kim of New Jersey, Ms. Kuster, Ms. Dean of
Pennsylvania, Mr. Allred, Mr. Phillips, Mr. Crow, and Mr. Carson)
submitted the following joint resolution; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Armed Services, and Intelligence (Permanent Select), 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 repeal and replace the Authorization for Use of Military Force.
Whereas the Constitution vests Congress with the sole authority to declare war
and authorize the use of military force;
Whereas Congress has not updated the Authorization for Use of Military Force
(Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541 note) since it was
enacted into law seven days after the attacks of September 11, 2001;
Whereas the Authorization for Use of Military Force has been expanded to
authorize the use of military force against entities that did not exist
at the time of those attacks;
Whereas the United States remains ready to defend itself, when necessary,
against armed attack, or the imminent threat of such an attack, by
foreign terrorist groups; and
Whereas Congress recognizes that the members of the United States Armed Forces
and all other Americans deserve to know whether the deployment of the
Armed Forces for the use of military force under a congressional
authorization remains necessary and aligned with current threats: 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 Resolution of 2023''.
SEC. 2. REPEAL OF EXISTING AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) In General.--The Authorization for Use of Military Force
(Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541 note) is hereby
repealed.
(b) Effective Date.--This section shall take effect on the date
that is 180 days after the date of the enactment of this joint
resolution.
SEC. 3. AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) Authorization.--
(1) In general.--To the extent necessary to defend against
a direct and substantial armed attack against the United States
or a threat of such armed attack by any of the entities
described in paragraph (2), the President is authorized to use
necessary and appropriate force against such entities.
(2) Entities described.--The entities described in this
paragraph are the following:
(A) The al Qaeda organization that is based in
Afghanistan.
(B) The Islamic State Khorasan organization that is
based in Afghanistan.
(C) The Islamic State of Iraq and Syria that is
based in Iraq and Syria.
(b) 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 subsection (a) 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.).
(c) Applicability in Changed Circumstances.--The authority provided
in subsection (a)--
(1) may not be construed to cease to apply with respect to
an entity described in such subsection if the entity adopts a
different name than the name specified in such subsection if--
(A) the President notifies the appropriate
congressional committees and leadership not later than
60 days after determining that the name has changed;
and
(B) the President determines that the entity has
the same leadership, membership, and mission and
continues to pose a direct and substantial threat of
armed attack against the United States as the entity
had at the time of the name change;
(2) shall not apply to an entity that emerges as a result
of a division of an entity described in such subsection, unless
the President certifies to the appropriate congressional
committees and leadership not later than 60 days after
determining that a division occurred that--
(A) the entity that emerged has the same basic
characteristics as the entity from which it formed as a
result of division, including with respect to its
leadership, membership, and mission;
(B) the entity that emerged retains the intent and
capability of posing a direct and substantial threat of
armed attack the United States; and
(C) the use of force against the entity that
emerged remains necessary to respond to such threat of
armed attack; and
(3) shall not apply to an entity that is not described in
such subsection, whether or not the entity is involved in an
armed conflict against a force of a United States ally or
partner or is an affiliate, associated force, or successor
entity of an entity described in such subsection.
(d) Sole Source of Authority.--Notwithstanding any other provision
of law, the authority provided in subsection (a) shall be the sole
statutory authority to use force or direct the use of force against the
entities to which such subsection applies. No additional authority to
use force or direct the use of force against the entities to which
subsection (a) applies shall be inferred from any provision of law
(whether or not in effect before the date of the enactment of this
joint resolution), including any provision contained in any
appropriation Act, unless such provision specifically provides for
authority to use force or direct the use of force against the entities
to which subsection (a) applies and states that it is intended to
constitute additional authority within the meaning of this joint
resolution.
(e) Treaty Commitments, Law of Armed Conflict, and Territorial
Integrity of States.--The authority provided in subsection (a) shall
not be used in a manner inconsistent with the treaty obligations of the
United States, the law of armed conflict, or in countries from which
there is no armed attack emanating.
(f) Report Pursuant to War Powers Resolution.--Any use of force
against an entity that is not described in subsection (a) or otherwise
authorized by statute shall be reported to the Speaker of the House of
Representatives and the President pro tempore of the Senate as an
introduction into hostilities pursuant to section 4(a)(1) of the War
Powers Resolution, and shall be subject to the requirements of the War
Powers Resolution as such.
(g) Effective Date.--This section shall take effect on the date
that is 180 days after the date of the enactment of this joint
resolution.
SEC. 4. REPORT.
(a) In General.--Not later than one year after the date of the
enactment of this joint resolution, and annually thereafter for four
years, the Secretary of Defense, the Secretary of State, the Director
of National Intelligence, the Director of the Central Intelligence
Agency, and the heads of any other relevant Federal departments and
agencies shall jointly submit to the appropriate congressional
committees and leadership a report on the exercise of the authority
provided in section 3(a). The initial report required by this
subsection shall address the time period since the date of the
enactment of this joint resolution and each subsequent report required
by this subsection shall address the time period since the date of
submission of the most recent prior report required by this subsection.
(b) Matters To Be Included.--The report required by subsection (a)
shall including the following:
(1) For each entity against which the United States
conducted activities pursuant to this joint resolution:
(A) A description of any force used against such
entity, the timeframes and geographic areas within
countries in which such force was used, whether or not
each such area is designated an area of active
hostilities, and the legal and factual basis for
determining that the authority provided in this joint
resolution applied with respect to the force used
against such entity, including the United States
constitutional and statutory basis and whether such use
is consistent with the obligations of the United States
under its treaty obligations and the law of armed
conflict.
(B) The domains, including land, sea, air, cyber,
space, or any other domains, in which operations were
conducted against such entity, the nature of these
operations, and whether such operations were conducted
remotely.
(C) Lists and descriptions of any operations
against high value targets, any sensitive military
operations (as such term is defined in section 130f of
title 10, United States Code), and any sensitive
military cyber operations (as such term is defined in
section 395 of title 10, United States Code) conducted
with respect to such entity.
(D) Whether any force used against such entity was
a function of deliberate or dynamic targeting and the
number of combatant casualties, disaggregated by
country, in connection with force used.
(E) Assessments of the extent to which such entity
posed a direct and substantial threat of an armed
attack against the United States at the time force was
used, the extent to which such entity continues to pose
such a threat, and whether the force used against such
entity helped to protect against such threat, including
the metrics used for such assessments.
(F) Whether and to what extent such entity used
force against United States forces.
(2) An identification and description of the involvement of
any multilateral forces, multilateral organizations, ally or
partner countries, or ally or partner forces in activities
conducted pursuant to this joint resolution, including a
description of any United States activities related to
training, equipping, advising, assisting, or accompanying any
ally or partner force with respect to activities against entity
covered in section 3(a), including identification of each such
ally or partner force, each entity covered under section 3(a)
against with such ally or partner force engaged in armed
conflict, and any other entity against which such ally or
partner force engaged in armed conflict.
(3) A description of the civilian casualties resulting from
activities conducted pursuant to this joint resolution,
including for each such entity the number of civilian
casualties, disaggregated by country, in connection with force
used by the United States against such entity, as determined
by--
(A) the United States Government; and
(B) credible and reliable nongovernmental entities.
(4) An explanation for the differences, if any, between the
number of civilian casualties reported pursuant to paragraph
(3)(A) and the number of civilian casualties reported pursuant
to paragraph (3)(B), the standard of proof the United States
government used to make its assessment and its criteria for
distinguishing between combatants and civilians.
(5) Descriptions of the mechanisms used to prevent, limit,
investigate, and mitigate civilian harm in connection with any
force used against such entity, including descriptions of any
ex gratia payments by the United States to those harmed as a
result of United States, allied, partnered, or coalition
operations.
(6) An assessment of whether any ally or partner force with
which the United States conducts joint operations under this
authorization may have violated the law of armed conflict,
including in its involvement in detention operations, during
the time period since submittal of the most recent report
pursuant to this section and a description of the steps the
United States is taking to address any such violations.
(7) A description of the diplomatic, development, and
humanitarian objectives, strategy, and activities by which the
United States intends to reduce extremism, violence, and
fragility relative to each such entity in order to create the
conditions for the end of use of United States military force
against such entity, including the following:
(A) How the United States has and plans to--
(i) create or improve inclusive,
transparent, and accountable power structures,
including effective, legitimate, and resilient
national and sub-national institutions;
(ii) promote strong foundations for human
rights, rule of law, and equal access to
justice;
(iii) build resilience among relevant
segments of the local population to resist
terrorist radicalization and recruitment and
violent extremist ideology by addressing their
appeal; and
(iv) support peacebuilding and conflict
resolution efforts, including through
engagement with local civil society.
(B) The roles of each relevant Federal department
or agency in the activities described in subparagraph
(A).
(C) How the use of force by the United States and
any ally or partner force against entities covered in
section 3(a) in such country affects achievement of the
objectives outlined this paragraph.
(D) The outcome metrics used to assess progress
towards the objectives described in this paragraph and
an assessment of progress on each such metric.
(E) A strategy to sustain political, security, and
development gains relative to each such entity once the
United States no longer uses force against such entity.
(8) A comprehensive and current description, both for the
reporting period and in aggregate as of the date of submittal,
of--
(A) amounts expended by the United States for and
in support of military operations and other activities
pursuant to this joint resolution; and
(B) United States military personnel, United States
civilian personnel, and United States contractors
involved in activities against such entity, including
the numbers located in each foreign country, their
missions, and assessments of progress towards
completing those missions during the reporting period,
as well as the outcome metrics used to assess such
progress.
(9) A description of any other force that was used or any
other significant activities that were conducted in connection
with the authority provided in this joint resolution, as well
as any other matters the President may consider appropriate.
(c) Form.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form.
(2) Classified form.--The report required by subsection (a)
may contain a classified annex if the President determines it
is necessary to protect the national security of the United
States. Any such annex shall be separated from the unclassified
report and accompanied by unclassified written findings to
support such a determination.
(d) Briefings.--The Secretary of Defense, the Secretary of State,
the Director of National Intelligence, the Director of the Central
Intelligence Agency, and the heads of any other relevant Federal
departments and agencies shall provide a briefing to any of the
appropriate congressional committees or leadership upon request of such
committee or leadership, but not less often than every 180 days, on the
activities undertaken pursuant to this joint resolution.
SEC. 5. SUNSET; REAUTHORIZATION REQUIREMENTS.
(a) Sunset.--
(1) In general.--Except as provided in paragraph (2), the
authority provided in section 3(a) shall terminate on the date
that is four years after the date of the enactment of this
joint resolution, unless reauthorized by an Act of Congress
enacted after the date of the enactment of this joint
resolution.
(2) Limited wind-down period.--For such time as may be
necessary, but not to exceed 180 days after the date described
in paragraph (1), the authority provided in section 3(a) may be
exercised only as necessary to end the deployment or engagement
of United States Armed Forces.
(b) Reauthorization Requirements.--
(1) Strategy.--Not later than one year after the date of
the enactment of this joint resolution, and annually thereafter
for four years, the President, in order to inform any potential
reauthorization of the authority provided in section 3(a),
shall submit to the appropriate congressional committees and
leadership a strategy for--
(A) defeating or sufficiently degrading each entity
described in section 3(a)(2); and
(B) creating the conditions under which the
exercise of such authority is no longer necessary to
defend against a direct and substantial armed attack
against the United States or a threat of such armed
attack by such entity.
(2) Report.--
(A) In general.--Not later than 90 days before the
date described in subsection (a)(1), the President
shall submit to the appropriate congressional
committees and leadership a report on any potential
reauthorization of the authority provided in section
3(a).
(B) Matters to be included.--The report required by
subparagraph (A) shall include--
(i) a certification of whether each entity
described in section 3(a)(2) continues to pose
a direct and substantial threat of armed attack
against the United States;
(ii) evidence to support the certification
required by clause (i), including relevant
intelligence regarding the current intentions
and capabilities of each such entity; and
(iii) any recommendations the President
determines to be necessary for the extension or
modification of such authority, including any
recommendations and justifications for adding
or removing entities from the list of entities
described in section 3(a)(2).
(3) Briefing.--The President shall brief the appropriate
congressional committees and leadership on any recommendations
for the reauthorization of the authority provided in section
3(a) that are included in the report required by paragraph (2).
SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP DEFINED.
In this joint resolution, the term ``appropriate congressional
committees and leadership'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, the Permanent Select Committee on Intelligence,
the Committee on Appropriations, the Speaker, the majority
leader, and the minority leader of the House of
Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, the Select Committee on Intelligence, the
Committee on Appropriations, the majority leader, and the
minority leader of the Senate.
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