ISIS AUMF Proposals in 115th Congress (2017-18)

Just Security

[As of June 19, 2017]

Provision H.Res. ___ [Rep. S.J.Res.43 H.J.Res.100 S.J. Res. 31 H.Con.Res.2 H.J.Res.63
Eliot Engel
Discussion Draft] H.J. Res. 89
1. Short ISIL Amendment to Authorization for Use Consolidated Authorization for Use Authorization for Authorization for Use
Title the 2001 of Military Force Authorization for Use of Military Force Use of Military Force of Military Force
Authorization for Use Against al-Qaeda, the of Military Force Against al-Qaeda, the Against against
of Military Force Taliban, and the Resolution of 2017 Taliban, and the Islamic State of the Islamic State of Iraq
Islamic State of Iraq the Islamic State of Iraq and the Levant and the Levant
and Syria Iraq and Syria and its Associated
Forces
2. Sponsors Rep. Engel, Eliot [D- Sen. Flake, Jeff [R- Rep. Schiff, Adam B. Sen. Young, Todd C. Rep. Cole, Tom [R- Rep. Kinzinger, Adam
NY] AZ] [D-CA-28] [R-IN] OK-4] [R-IL-16]
T.B.A. Sen. Kaine, Tim [D- Rep. Carson, Andre Rep. Taylor, Scott Rep. Hice, Jody B. [R-
VA]* [D-IN-7]* Rep. Banks, Jim [R- [R-VA-2] GA-10]*
Rep. Castor, Kathy IN-3] Rep. Hunter, Duncan
[D-FL-14]* Rep. Jones, Walter D. [R-CA-50]*
Rep. Evans, Dwight B., Jr. [R-NC-3]* Rep. Roby, Martha [R-
[D-PA-2]* Rep. Cole, Tom [R- AL-2]*
Rep. Hanabusa, OK-4] Rep. Byrne, Bradley [R-
Colleen [D-HI-1]* Rep. Bacon, Don [R- AL-1]*
Rep. Hastings, Alcee NE-2] Rep. Wenstrup, Brad R.
L. [D-FL-20]* Rep. Knight, Stephen [R-OH-2]*
Rep. Lowenthal, Alan [R-CA-25] Rep. Curbelo, Carlos
S. [D-CA-47]* [R-FL-26]
Rep. Moulton, Seth
[D-MA-6]*
Rep. Pocan, Mark [D-
WI-2]*
Rep. Walz, Timothy
*original co- J. [D-MN-1]*
sponsor Rep. Sanford, Mark
[R-SC-1]
3. Target of the Islamic State (1) al-Qaeda and the (1) Al Qaeda, the al-Qaeda, the Islamic State of the Islamic State of
use of of Iraq and the Taliban; Islamic State of Taliban, Iraq and the Iraq and the Levant
military Levant (ISIL) and Iraq and the the Islamic State of Levant, its (ISIL) or associated
force associated forces (2) the Islamic State Levant (ISIL), and Iraq and Syria, associated forces, persons or forces as
of ISIL. of Iraq and Syria (also the Afghan successor organizations, and defined in section 4.
known as the Islamic Taliban. organizations, and persons, and any
State of Iraq and the associated forces. successor
Levant, the Islamic (2) Any organized organizations.
State, Daesh, ISIS, and armed group
and ISIL); and that is associated
with an entity
(3) associated described in
persons or forces paragraph (1) if such
group is a co-
belligerent with such
entity in hostilities
against the United
States.
4. an organized, any person or force, organized and None specified. None specified. SEC 4 In this joint
Associated armed group that other than a armed group that is resolution, the term
forces has and continues to sovereign nation, associated with an associated persons or
definition be engaged in active that entity described in forces means
hostilities against paragraph (1) if such individuals and
the United States (1) is a part of, or group is a co- organizations fighting
alongside al-Qaeda, substantially belligerent with for, on behalf of, or
the Taliban, or ISIL, supports al-Qaeda, such entity in alongside ISIL or
respectively, as a the Taliban, or the hostilities against the any closely related
party to an Islamic State of Iraq United States. successor entity in
ongoing armed and Syria; and hostilities against the
conflict with the United States or its
United States. (2) is engaged in coalition partners.
hostilities against
the United States,
its Armed Forces, or
its other personnel
 Codifies
congressional
agreement with
determination of
associated forces
including al-Nusra
Front, Khorasan
Group, al-Qaeda in
the Arabian
Peninsula, and al-
Shabaab
5. Purpose Sec. 3: to protect the In order to prevent to protect the To enable the None specified. None specified.
national security of any future acts of national security of United States [to]
the United States international the United States exercise its rights to
against the Islamic terrorism against against the identified self-defense and to
State of Iraq and the the United States entities and protect the citizens of
Levant (ISIL) and associated groups the United States
associated forces of both at home and
ISIL abroad.

6. Scope of Sec. 2-3: the the President is the President is the President is The President is The President is
authorized President is authorized to use all authorized to use all authorized to use all authorized to use all authorized to use the
force authorized to use necessary and necessary and necessary and necessary and Armed Forces of the
necessary and appropriate force appropriate force appropriate force appropriate force United States as the
appropriate force President
determines to be
Sec. 4: authorities necessary and
granted shall not be appropriate
exercised in any way
that is inconsistent
with the obligations
of the United States
under
international law
7. Types of None specified. None specified. None specified. SEC 3 None specified. None specified.
military (a) IN GENERAL.
action The authority of the
explicitly President to use all
authorized necessary and
appropriate force
pursuant to section
2(a) includes the
authority for the
Armed Forces of the
United States to
detain, pending
disposition under
the law of war,
persons who are a
part of or
substantially
supported al-
Qaeda, the Taliban,
the Islamic State of
Iraq and Syria, any
successor
organization, or any
associated force of
those organizations.
8. Military Limitations on Requires Requires None specified. None specified. None specified.
unit/action ground combat congressional congressional
limitation operations: notification notification if the
President exercises
Category 1: Sec. 4 Upon a the authority granted
determination of a in section 2(a) to
does not authorize new associated deploy ground
ground combat person or force, forces in a combat
operations except as President shall report role
necessary: to Congress
 Option for a joint
(A) to rescue Sec. 5 the use of resolution that
members of the force may take provides for the
Armed Forces of the place in a country modification or
United States or (other than repeal of the
United States Afghanistan, Iraq, authority provided in
citizens; Syria, Somalia, Libya, section 2(a) with
(B) to conduct or Yemen) if the respect to the
limited operations President submits to deployment of
against high-value Congress a report ground forces in a
individuals; detailing country combat role in
(C) to enable air specifics and accordance with the
operations; justification why the procedures described
(D) to collect or share use of force in the in section 6 of the
intelligence; or country is necessary War Powers
(E) to provide and appropriate Resolution that are
operational planning, applicable to a joint
advice, supplies, or Provides for resolution or bill
similar assistance to expedited introduced pursuant
forces fighting ISIL procedure for to section 5(b) of the
or associated forces Congress to pass a War Powers
of ISIL joint resolution Resolution.
disapproving either
Category 2: a new associated
person or force or
provides use of force in any
authorization of new country
ground combat
operations in
addition to the above
if (a) the President
determines such use
of armed forces is
vital to the national
security interests of
the US, and notifies
 Congress with
detailed
justifications; and (b)
Congress passes a
joint resolution,
the specific text of
which is detailed in
the draft AUMF;
includes mechanism
for expedited
procedure

9. Sunset 3 years after the date 5 years after the date 3 years after the date None. None. None.
of the enactment. of the enactment of the enactment
10. SEC. 5. On a six SEC 12. Not later SEC 3(a) SEC 5(a) Not less SEC 3(a) The SEC 3 The President
Reporting/ month basis, the than 90 days after the (1) IN GENERAL frequently than once President shall, at shall report to Congress
Notificatio President shall date of the enactment At least once every 90 every 60 days, the least once every 60 at least once every three
n submit reports with: of this joint days after the date of President shall days, submit to months on specific
resolution, the the enactment of this submit to Congress a Congress a report on actions taken pursuant
1. a list of President shall joint resolution, the report on matters matters relevant to this authorization.
associated forces submit to the President shall relevant to this to this concurrent
of al Qaeda, appropriate submit to the joint resolution, resolution,
associated forces of committees and appropriate including actions including actions
the Taliban, and leadership of congressional taken pursuant to the taken pursuant to
associated force of Congress a report committees and exercise of authority the exercise of
ISIL and the legal setting forth a publish in the Federal granted by this joint authority granted in
and factual basis comprehensive Register a list of resolution. section 2.
for those strategy to defeat entities and
determinations (sec. al-Qaeda, the organized and
(a)(1) and (b)(1)) Taliban, and ISIS armed groups
against which such
2. an intelligence Biannual reports authority has been
assessment of the including: exercised and the
risk to the United (A) a description of geographic location
States posed by al- the specific
Qaeda, the Taliban, authorities relied where such authority
ISIL and their upon for such has been exercised.
associated force. actions;
(2) ADDITIONAL
3. a military (B) the persons and INFORMATION.In
strategy to defeat forces targeted by the case in which the
ISIL and associated such actions; authority granted in
forces of ISIL section 2(a) has been
(C) the nature and exercised against an
4. the geographic location of such organized and armed
scope of operations actions; and group described in
conducted pursuant paragraph (2) of such
to the relevant (D) an evaluation of section, the President
authority (sec. (c)(1)) the effectiveness of shall submit to the
such actions. appropriate
5. the number of congressional
civilian casualties, Quarterly reports committees a
the number of inlcuding: summary of the
combatant factual predicate for
casualties, and the (1) A list of the concluding that such
total number of all organizations, group meets the
casualties (sec. persons, and requirements of
(c)(2)) forces against which paragraph (2) of such
operations were section.
conducted.
6. the methods
(3) FORM.Any part
used to limit
(2) A list of all of the list required by
civilian casualties
foreign countries paragraph (1) or the
in which the United additional
7. a description of States conducted information required
humanitarian operations. by paragraph (2) may
assistance and be submitted in
support provided for classified form if the
civilian populations Classified Annex. President determines
displaced by events Any report submitted it is necessary to
related to the under this section protect the national
exercise of the [sec. 12] may include security of the United
relevant authority a classified annex. States. Any such
(sec. (c)(4)) information
[see also row 8: submitted in
8. the actual and reporting classified form shall
proposed requirements for new be accompanied by
contributions, determinations of unclassified written
including financing, associated persons findings to support
equipment, training, and forces and for such a
troops, and logistical use of force in any determination.
support, provided by new country]
coalition partners
of the United States
for operations
conducted pursuant
to the relevant
authority

9. a diplomatic,
military, and
development strategy
for restoring
governance and
civil society to
territory secured in
operations related to
the relevant
authority granted

10. the
benchmarks for
assessing progress
toward political,
diplomatic, and
military objectives

11. a description of
the lessons
learned from
diplomatic, military,
and development
activities conducted
in areas in which
military operations
were conducted
pursuant to the
authority granted

Form: The
information required
under subsections
(a)(1), (b)(1), and
(c)(1), (2), and (4)
shall be submitted in
unclassified form.

In a sub-section
entitled Other
Reports: If the
President uses force
against any non-state
terrorist actor
pursuant to
authorities other
than authorities
under section 2 or 3
of this joint
resolution [see
 rows 5 and 6 above],
the President shall
comply with the
reporting
requirements
described in this
section to the same
extent and in the
same manner

11. AUMF Repeals 2002 AUMF. Repeals 2001 and Repeals 2001 and Repeals 2001 and N/A Repeals 2001 AUMF
Repeal/ Amends 2001 AUMF. 2002 AUMFs 2002 AUMFs 2002 AUMFs
Supersessi effective 60 days
on after the date of the
enactment of this
joint resolution