[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Pages S3375-S3376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2556. Mr. KAINE (for himself, Mr. Flake, and Mr. Durbin) submitted
an amendment intended to be proposed to amendment SA 2282 submitted by
Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to
the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVIII--AUTHORIZATION FOR USE OF MILITARY FORCE
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Authorization for Use of
Military Force Against al-Qaeda, the Taliban, and the Islamic
State of Iraq and Syria''.
SEC. 1802. PURPOSES.
The purposes of this title are as follows:
(1) To update the Authorization for Use of Military Force
(Public Law 107-40; 50 U.S.C. 1541 note) in order to provide
legal authority for military action against al-Qaeda, the
Taliban, and the Islamic State of Iraq and Syria due to the
continued threat they pose to the United States.
(2) To establish a process for oversight by Congress of
military action against persons or forces associated with al-
Qaeda, the Taliban, or the Islamic State of Iraq and Syria
that pose a direct threat to the United States.
(3) To repeal the Authorization for Use of Military Force
and the Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note).
SEC. 1803. AUTHORIZATION FOR USE OF UNITED STATES ARMED
FORCES TO PREVENT FUTURE ACTS OF INTERNATIONAL
TERRORISM AGAINST THE UNITED STATES.
(a) Authorization.--In order to prevent any future acts of
international terrorism against the United States, the
President is authorized to use all necessary and appropriate
force against--
(1) al-Qaeda and the Taliban;
(2) the Islamic State of Iraq and Syria (also known as the
Islamic State of Iraq and the Levant, the Islamic State,
Daesh, ISIS, and ISIL); and
(3) associated persons or forces as provided in section
1804.
(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 this section 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
title supersedes any requirements of the War Powers
Resolution (50 U.S.C. 1541 et seq.).
SEC. 1804. ASSOCIATED PERSONS OR FORCES.
(a) Associated Persons and Forces.--For purposes of section
3(a)(3), the term ``associated persons or forces'' means any
person or force, other than a sovereign nation, that--
(1) is a part of, or substantially supports al-Qaeda, the
Taliban, or the Islamic State of Iraq and Syria; and
(2) is engaged in hostilities against the United States,
its Armed Forces, or its other personnel.
(b) Initial Associated Persons or Forces.--
(1) In general.--For purposes of section 3(a)(3), the term
``associated persons or forces'' includes any person or force
meeting the definition in subsection (a) that is specified in
the report under paragraph (2).
(2) Report.--Not later than 60 days after the date of the
enactment of this title, the President shall submit to
Congress a report specifying the persons or forces (other
than the groups al-Nusra Front (also known as Jabhat al-Nusra
and Jabhat Fateh al-Sham), Khorasan Group, al-Qaeda in the
Arabian Peninsula, and al-Shabaab, which Congress considers
to be associated persons or forces for purposes of this
title) that are associated persons or forces under subsection
(a) as of the date of the enactment of this title.
(3) Disapproval.--The treatment of persons or forces
specified in the report under paragraph (2) as associated
persons or forces under subsection (a) is subject to
disapproval in accordance with section 1806.
(c) Additional Associated Persons or Forces.--
(1) In general.--For purposes of section 3(a)(3), the term
``associated persons or forces'' shall also include any
person or force meeting the definition in subsection (a) that
is specified in a report under paragraph (2).
(2) Report.--Upon a determination by the President that any
persons or forces not previously treated as associated
persons or forces for purposes of section 1803(a)(3) shall be
treated under this subsection as associated persons or
forces, the President shall submit to Congress a report
specifying that such persons or forces are to be treated
under this subsection as associated persons or forces.
Persons or forces may not be specified in such a report if
such persons or forces have previously been disapproved in
accordance with section 6 for treatment as associated persons
or forces under subsection (a).
[[Page S3376]]
(3) Disapproval.--The treatment of persons or forces
specified in a report under paragraph (2) as associated
persons or forces under subsection (a) is subject to
disapproval in accordance with section 1806.
SEC. 1805. COUNTRIES IN WHICH OPERATIONS AUTHORIZED.
Subject to disapproval in accordance with section 1806, the
use of force authorized by section 3 may take place in a
country (other than Afghanistan, Iraq, Syria, Somalia, Libya,
or Yemen) if the President submits to Congress a report on
the use of force in such country that includes the following;
(1) The name of the country in which the use of force will
take place.
(2) A description of the presence in the country of al-
Qaeda, the Taliban, or the Islamic State of Iraq and Syria,
or associated persons or forces currently covered by section
1804.
(3) A justification why the use of force in the country is
necessary and appropriate.
SEC. 1806. EXPEDITED PROCEDURES FOR JOINT RESOLUTION OF
DISAPPROVAL OF USE OF FORCE AGAINST INITIAL OR
ADDITIONAL ASSOCIATED PERSONS OR FORCES OR IN
OTHER COUNTRIES.
(a) Resolution of Disapproval.--For purposes of this
section, the term ``resolution'' means only a joint
resolution of the two Houses of Congress--
(1) the title of which is as follows: ``A joint resolution
of disapproval of an addition by the President to the scope
of the Authorization for Use of Military Force against al-
Qaeda, the Taliban, and the Islamic State of Iraq and
Syria.'';
(2) which does not have a preamble; and
(3) either--
(A) with respect to a report submitted under section
1804(b) or 1804(c), the matter after the resolving clause of
which is as follows: ``That Congress does not approve the use
of force against _______