[Congressional Record Volume 164, Number 196 (Wednesday, December 12, 2018)]
[Senate]
[Pages S7513-S7514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4083. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the joint resolution S.J. Res. 54, to direct the removal of
United States Armed Forces from hostilities in the Republic of Yemen
that have not been authorized by Congress; which was ordered to lie on
the table; as follows:
At the end, add the following:
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) Findings.--Congress makes the following findings:
(1) It is appropriate for Congress to assert its power
under Article I of the Constitution of the United States to
declare war, raise and support armies, and maintain an army.
(2) Nothing in this joint resolution supersedes any
requirement of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
(3) The Framers of the Constitution, as outlined in
Federalist No. 69, explained the difference between the
authorities of the President under the Constitution as
Commander-in-Chief and the power of Congress under the
Constitution to declare war.
(4) The Framers of the Constitution were concerned that
vesting too much war-making power in the President would
cause the Nation to become involved hastily or unwisely in
war.
(b) Authorization.--The President is authorized to use all
necessary and appropriate force in Iraq and Afghanistan
against the Taliban, al Qaeda, and the Islamic State in Iraq
and the Levant (ISIL) in order to protect the United States
and its compelling interests (as defined in section 11) from
attack by the Taliban, al Qaeda, and the Islamic State in
Iraq and the Levant.
SEC. 3. LIMITATIONS.
(a) State Actors.--This joint resolution does not authorize
use of force against any foreign state (as defined in section
11).
(b) Nonapplicability to Unspecified Entities.--The
authorization provided by section 2 extends only to the
entities specified in that section, and does not extend to
organizations or forces that the President determines to be
associated forces, successor forces, or forces otherwise
related to the entities specified in that section.
(c) Applicability of International Law.--The authority in
this joint resolution may be used only in a manner consistent
with the obligations of the United States under international
law.
(d) 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 section 2 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.).
SEC. 4. NEW GROUPS AND COUNTRIES AND USE OF GROUND FORCES IN
A COMBAT ROLE.
(a) Use of Force Against Other Non-state Parties to the
Conflict.--
(1) Expedited consideration of joint resolution to
authorize.--A joint resolution to authorize use of force
against any organization or force not specified in section 2
(in this joint resolution referred to as a ``new group'')
shall be eligible for expedited consideration in accordance
with the procedures in section 8 (in this section referred to
as ``expedited consideration'').
(2) Limitation.--A joint resolution under this subsection
shall not be eligible for expedited consideration unless the
new group covered by the joint resolution--
(A) is not a foreign state;
(B) is an organized armed group that has engaged, and
continues to be engaged, in active hostilities against the
United States as a party to an ongoing armed conflict
involving the groups specified in section 2; and
(C) demonstrates a credible ability to conduct a
substantial attack against compelling United States
interests.
(b) Use of Force in Additional Countries.--
(1) Expedited consideration of joint resolution to
authorize.--A joint resolution to authorize use of force
against the groups specified in section 2, or any new group
covered by a joint resolution enacted pursuant to subsection
(a), in a country other than those specified in the joint
resolution authorizing such use of force (in this section
referred to as a ``new country'') shall be eligible for
expedited consideration.
(2) Limitation.--A joint resolution described by paragraph
(1) that also authorizes use of ground forces in a combat
role shall not be eligible for expedited consideration.
(c) Expedited Consideration of Joint Resolution To
Authorize Use of Ground Forces in Combat Role in Additional
Countries.--A joint resolution to authorize use of ground
forces in a combat role in a new country for which
authorization of use force has been provided under subsection
(b) shall be eligible for expedited consideration.
(d) Ground Forces in a Combat Role.--For purposes of this
section, ground forces in a combat role do not include the
following:
(1) Small detachments of special operations forces.
(2) Any other forces deployed under any authority other
than the authority in this joint resolution.
(e) Presidential Request.--To be eligible for expedited
consideration, a joint resolution described in subsection
(a), (b), or (c) must be requested in writing by the
President to the appropriate congressional committees and
leadership, together with a written justification of the
manner which such joint resolution meets the applicable
criteria in such subsection.
(f) Separate Joint Resolution Required for Each
Authorization.--To be eligible for expedited consideration, a
separate joint resolution is required for each new group,
each new country, and each use of ground forces in a combat
role in a new country.
SEC. 5. SUNSET UPON CESSATION OF THREAT.
(a) Reports on Continuing Threats.--Not later than six
months after the date of the enactment of this joint
resolution, and every six months thereafter, the President
shall, in consultation with the Secretary of Defense, the
Secretary of State and the Director of National Intelligence,
submit to the appropriate congressional committees and
leadership a report certifying whether or not each group
specified in section 2, and each new group against which use
of force is currently authorized by this joint resolution
pursuant to section 4(a), continues to meet the criteria set
forth in section 4(a)(2).
(b) Sunset.--If the President does not certify under
subsection (a) that a group described in that subsection
continues to meet the criteria set forth in section 4(a)(2),
the authorization in this joint resolution to use force
against such group shall cease, effective as of the date that
is 60 days after the date the certification is due.
(c) Construction.--The cessation of authority to use force
against a group under subsection (b) shall not be construed
as the cessation of authority to use force pursuant to this
joint resolution against any other group specified in section
2, or against any new group covered by section 4(a) against
which force is being used pursuant to this joint resolution
at the time of such cessation of authority.
SEC. 6. DURATION OF AUTHORIZATION.
(a) In General.--The authorization for use of force in this
joint resolution shall expire on the date that is three years
after the date of the enactment of this joint resolution.
(b) Report.--Not later than 90 days before the expiration
date provided for in subsection (a), the President shall
submit to Congress a report on use of force pursuant to this
joint resolution. The report may include recommendations of
the President for extension, whether with or without
modification, of this joint resolution.
(c) Procedures for Enactment.--Any joint resolution to
extend this joint resolution, whether with or without
modification, shall be eligible for expedited consideration
in accordance with the procedures in section 8.
SEC. 7. REPORTING AND PUBLIC NOTICE REQUIREMENTS.
(a) In General.--Not later than six months after the date
of the enactment of this joint resolution, and every six
months thereafter, the President shall submit to the
appropriate congressional committees and leadership, and
shall publish in the Federal Register, a report setting forth
the following:
(1) A list of the groups, organizations, and forces against
which the United States is using force pursuant to this joint
resolution as of the date of submittal and publication.
(2) For each group, organization, and force listed under
paragraph (1)--
(A) the extent to which such group, organization, or force
directly targeted any compelling United States interest
during the six-month period ending on the date of submittal
and publication (in this section referred to as the
``reporting period''); and
(B) the extent to which such group, organization, or force
continues to pose a threat to any compelling United States
interest as of the date of submittal and publication.
(3) A list of the countries in which the United States used
force pursuant to this joint resolution during the reporting
period, including the geographic location in each country in
which the United States so used force.
(4) The number of combatant casualties in connection with
the use of force pursuant to this joint resolution during the
reporting period.
[[Page S7514]]
(5) The number of civilian casualties in connection with
the use of force pursuant to this joint resolution during the
reporting period, as determined by the following:
(A) The United States Government.
(B) Credible and reliable nongovernmental entities.
(6) An explanation for the differences, if any, between the
number of civilian casualties reported pursuant to paragraph
(5)(A) during the reporting period and the number of civilian
casualties reported pursuant to paragraph (5)(B) during the
reporting period.
(7) A description of the mechanisms used to prevent and
limit civilian casualties in connection with the use of force
pursuant to this joint resolution during the reporting
period.
(8) A current description of the process by which the
United States investigates allegations of civilian casualties
resulting from United States military operations.
(9) A description of the current national security,
diplomatic, development, and humanitarian goals of the United
States for each country listed under paragraph (3) in order
to create the conditions for the end of use of United States
military force in such country, and the strategy and expected
timeline to execute such goals.
(10) An assessment, as of the date of submittal and
publication, of the bilateral and multilateral impact of
United States use of force pursuant to this joint resolution
in each country listed under paragraph (3), and an assessment
of the engagement of the government of such country with
United States use of force in such country.
(11) A comprehensive and current description, both for the
reporting period and in aggregate as of the date of submittal
and publication, of the amounts expended by the United States
for and in support of military operations and activities in
connection with use of force pursuant to this joint
resolution.
(b) Form.--
(1) In general.--Each report under subsection (a) shall be
submitted in unclassified form.
(2) Classified form.--Except as provided in paragraph (3),
portion of a report under subsection (a) may be submitted in
classified form if strictly required to protect the national
security interests of the United States.
(3) Certain information only in unclassified form.--The
information required by subsection (a)(1), and the countries
listed pursuant to subsection (a)(3), shall be submitted in
unclassified form.
(c) Briefings.--The Department of Defense shall provide a
briefing to any appropriate congressional committee or
leadership upon request of such committee or leadership not
less often than every six months on activities undertaken
pursuant to this joint resolution.
SEC. 8. EXPEDITED PROCEDURES FOR CONSIDERATION OF JOINT
RESOLUTIONS.
(a) In General.--A resolution specified in subsection (b)
shall be eligible for consideration using expedited
procedures specified in this section.
(b) Resolutions.--A resolution specified in this subsection
is any joint resolution as follows:
(1) A joint resolution covered by section 4.
(2) A joint resolution to extend, whether with or without
modifications, this joint resolution, as provided for in
section 6.
(c) Referral.--A resolution described in subsection (b)
introduced in the Senate shall be referred to the Committee
on Foreign Relations of the Senate. A resolution described in
subsection (b) that is introduced in the House of
Representatives shall be referred to the Committee on Foreign
Affairs of the House of Representatives.
(d) Discharge.--If the committee to which a resolution
described in subsection (b) is referred has not reported such
resolution (or an identical resolution) by the end of the 20-
day period beginning on the date of introduction, such
committee shall be, at the end of such period, discharged
from further consideration of such resolution, and such
resolution shall be placed on the appropriate calendar of the
House involved.
(e) Consideration.--
(1) In general.--On or after the third day after the date
on which the committee to which such a resolution is referred
has reported, or has been discharged (under subsection (d))
from further consideration of, such a resolution, it is in
order (even though a previous motion to the same effect has
been disagreed to) for any Member of the respective House to
move to proceed to the consideration of the resolution. A
Member may make the motion only on the day after the calendar
day on which the Member announces to the House concerned the
Member's intention to make the motion, except that, in the
case of the House of Representatives, the motion may be made
without such prior announcement if the motion is made by
direction of the committee to which the resolution was
referred. All points of order against the resolution (and
against consideration of the resolution) are waived. The
motion is highly privileged in the House of Representatives
and is privileged in the Senate 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 respective House shall immediately proceed to
consideration of the joint resolution without intervening
motion, order, or other business, and the resolution shall
remain the unfinished business of the respective House until
disposed of.
(2) Debate.--Debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 30 hours, which shall be divided equally
between those favoring and those opposing the resolution. An
amendment to the resolution is not in order. A motion further
to limit debate is in order and not debatable. A motion to
postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the resolution is not
in order. A motion to reconsider the vote by which the
resolution is agreed to or disagreed to is not in order.
(3) Vote on final passage.--Immediately following the
conclusion of the debate on the resolution and a single
quorum call at the conclusion of the debate if requested in
accordance with the rules of the appropriate House, the vote
on final passage of the resolution shall occur.
(4) Appeals from decisions of chair.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate or the House of Representatives, as the
case may be, to the procedure relating to a resolution shall
be decided without debate.
(f) Consideration by Other House.--
(1) In general.--If, before the passage by one House of a
resolution of that House described in subsection (b), that
House receives from the other House a resolution described in
subsection (b), 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 in the case of final passage as provided
in subparagraph (B)(ii).
(B) With respect to a resolution described in subsection
(b) 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) Following disposition.--Upon disposition of the
resolution received from the other House, it shall no longer
be in order to consider the resolution that originated in the
receiving House.
(g) Rules of the Senate and House of Representatives.--This
section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
it is deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in that House in the case of a resolution described
in subsection (b), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure 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.
SEC. 9. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE.
The Authorization for Use of Military Force (Public Law
107-40; 115 Stat. 224; 50 U.S.C. 1541 note) is hereby
repealed, effective six months after the date of the
enactment of this joint resolution.
SEC. 10. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE
AGAINST IRAQ RESOLUTION OF 2002.
The Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50
U.S.C. 1541 note) is hereby repealed.
SEC. 11. DEFINITIONS.
In this joint resolution:
(1) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Majority Leader and the Minority Leader of the
Senate;
(B) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate;
(C) the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives; and
(D) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) Compelling united states interests.--The term
``compelling United States interests'' means the following:
(A) United States territory.
(B) The United States Armed Forces.
(C) United States citizens.
(3) Foreign state.--The term ``foreign state'' has the
meaning given that term in section 1603(a) of title 28,
United States Code, namely a foreign state, a political
subdivision of a foreign state, or an agency or
instrumentality of a foreign state (as that term is defined
in section 1603(b of such title).
______