[Congressional Record Volume 162, Number 11 (Wednesday, January 20, 2016)]
[Senate]
[Pages S133-S134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL (for himself, Mr. Graham, Mr. Coats, Mr. Hatch, 
        and Mrs. Ernst):
  S.J. Res. 29. A joint resolution to authorize the use of United 
States Armed Forces against the Islamic State of Iraq and the Levant 
and its associated forces; read the first time.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the joint resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 29

       Whereas the terrorist organization referred to as the 
     Islamic State of Iraq and the Levant and various other names 
     (referred to in this joint resolution as ``ISIL'') has been 
     systematically targeting, kidnapping, and killing innocent 
     men, women, and children throughout Iraq and Syria, continues 
     to expand its terror influence, and is responsible for recent 
     attacks in Egypt, Lebanon, Tunisia, and France;
       Whereas foreign fighters, undeterred by the more than 60-
     nation coalition operating against ISIL, continue to join the 
     ranks of ISIL with the goal of establishing a caliphate;
       Whereas, on June 19, 2014, President Barack Obama stated 
     that ``ISIL poses a threat to the Iraqi people, to the 
     region, and to U.S. interests'';
       Whereas, on August 19, 2014, ISIL released a video of the 
     beheading of an American journalist, James Foley, and 
     threatened to kill more Americans;
       Whereas, on September 2, 2014, ISIL released a second 
     video, of the beheading of an Israeli-American journalist, 
     Steven Sotloff, and again threatened to kill more;
       Whereas a Central Intelligence Agency assessment in 
     September 2014 estimated that ISIL can muster as many as 
     31,500 fighters in Syria and Iraq alone;
       Whereas, on November 16, 2014, ISIL released yet another 
     video of militant ``Jihadi John'' standing over the severed 
     head of former Army Ranger Peter Kassig;
       Whereas Master Sergeant Joshua Wheeler, a member of a 
     United States Special Forces operations team, was killed 
     during a daring raid on an ISIL stronghold in Iraq to rescue 
     70 prisoners who were slated to be executed;
       Whereas American hostage Kayla Mueller, a 26-year-old 
     female, was kidnapped and repeatedly raped for almost 18 
     months by the leader of ISIL, Abu Bakr al-Baghdadi;
       Whereas, on November 13, 2015, ISIL carried out a 
     coordinated attack on Paris, France, killing more than 129 
     people from at least 14 different countries, including 
     American student Nohemi Gonzalez;
       Whereas, on November 16, 2015, Central Intelligence Agency 
     Director Brennan warned, following ISIL's horrific terrorist 
     in Paris, that the attack was likely ``not the only operation 
     that ISIL has in the pipeline'';
       Whereas, on August 18, 2014, Pope Francis said that the 
     international community would be justified in stopping ISIL;
       Whereas, on August 21, 2014, former Chairman of the Joint 
     Chiefs of Staff General Dempsey stated that ISIL ``has an 
     apocalyptic, end-of-days strategic vision and which will 
     eventually have to be defeated'';
       Whereas, on September 16, 2014, former Secretary of Defense 
     Hagel testified before the Committee on Armed Services of the 
     Senate that ``if left unchecked, ISIL will directly threaten 
     our homeland and our allies'';
       Whereas, on September 17, 2014, during a hearing of the 
     Committee on Foreign Relations of the Senate, Secretary of 
     State Kerry stated that ``ISIL must be defeated. Period. End 
     of story.'';
       Whereas, on March 13, 2015, Central Intelligence Agency 
     Director Brennan stated, ``ISIL is well-armed and well-
     financed. Its fighters are disciplined, committed, and 
     battle-hardened. Left unchecked, the group

[[Page S134]]

     would pose a serious danger not only to Syria and Iraq, but 
     to the wider region beyond, including the threat of attacks 
     in the homelands of the United States and our partners.'';
       Whereas, on July 23, 2015, Federal Bureau of Investigation 
     Director Comey stated that ``[t]he threat that ISIL presents 
     to the United States is very different in kind, in type, in 
     degree than al Qaeda. ISIL is not your parent's al Qaeda, 
     it's a very different model. And by virtue of that model, 
     it's currently the threat that we are worried about in the 
     homeland most of all'';
       Whereas, on November 16, 2015, following the attacks on 
     Paris, France, ISIL released a video threatening to ``strike 
     America at its center in Washington'';
       Whereas, on November 17, 2015, former Secretary of Defense 
     Panetta warned that countering the threat posed by ISIL 
     ``isn't about containment. It is about defeating ISIS. I 
     think if there's anything we ought to understand from these 
     last events [in Paris], it's that we have to go to war 
     against this brutal enemy'';
       Whereas after the terrorist attacks of September 11, 2001, 
     Congress authorized the use of military force against al 
     Qaeda;
       Whereas ISIL poses a direct threat to the United States 
     homeland that is equal to or greater than the threat posed by 
     al Qaeda prior to the terrorist attacks of September 11, 
     2001;
       Whereas, although nothing in this joint resolution limits 
     the authorities of the President under article 2 of the 
     Constitution of the United States, Justice Robert H. Jackson 
     wrote in Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 
     (1952) that ``[w]hen the President acts pursuant to an 
     express or implied authorization of Congress, his authority 
     is at its maximum, for it includes all that he possesses in 
     his own right plus all that Congress can delegate''; and
       Whereas ISIL, through the use of social media and its 
     online magazine, Dabiq, seeks to radicalize Americans and to 
     inspire attacks within the homeland: 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 the Islamic State of Iraq 
     and the Levant and its Associated Forces''.

     SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

       (a) In General.--The President is authorized to use all 
     necessary and appropriate force in order to defend the 
     national security of the United States against the continuing 
     threat posed by the Islamic State of Iraq and the Levant, its 
     associated forces, organizations, and persons, and any 
     successor organizations.
       (b) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution (50 U.S.C. 
     1457(a)(1)), Congress declares that this section is intended 
     to constitute specific statutory authorization within the 
     meaning of section 5(b) of the War Powers Resolution.
       (2) Applicability of other requirements.--Nothing in this 
     joint resolution supercedes any requirement of the War Powers 
     Resolution (50 U.S.C. 1541 et seq.).

     SEC. 3. REPORTS TO CONGRESS.

       (a) Reports.--Not less frequently than once every 60 days, 
     the President shall submit a report to Congress on matters 
     relevant to this joint resolution, including actions taken 
     pursuant to the exercise of authority granted under section 
     2.
       (b) Single Consolidated Report.--To the extent that the 
     submission of any report described in subsection (a) 
     coincides with the submission of any other report on matters 
     relevant to this joint resolution otherwise required to be 
     submitted to Congress pursuant to the reporting requirements 
     of the War Powers Resolution, all such reports may be 
     submitted as a single consolidated report to Congress.

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