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S.J.Res. 47 (113th): Authorization for the Use of Military Force against the Islamic State of Iraq and the Levant

The text of the bill below is as of Dec 13, 2014 (Placed on Calendar in the Senate).


IIA

Calendar No. 653

113th CONGRESS

2d Session

S. J. RES. 47

[Report No. 113–323]

IN THE SENATE OF THE UNITED STATES

December 13, 2014

, from the Committee on Foreign Relations, reported the following original joint resolution; which was read twice and placed on the calendar

JOINT RESOLUTION

To authorize the limited use of the United States Armed Forces against the Islamic State of Iraq and the Levant.

Whereas the terrorist organization known as the Islamic State of Iraq and the Levant and various other names (in this resolution referred to as ISIL) poses a grave threat to the people and territorial integrity of Iraq, Syria, regional stability, and the national security interests of the United States and its allies and partners;

Whereas ISIL holds significant territory in Iraq and Syria and has stated its intention to seize more territory and demonstrated the capability to do so;

Whereas ISIL leaders have stated that they intend to conduct terrorist attacks internationally, including against the United States, its citizens, and interests;

Whereas ISIL has committed despicable acts of violence and mass executions against Muslims, regardless of sect, who do not subscribe to ISIL’s depraved, violent, and oppressive ideology;

Whereas ISIL has threatened genocide and committed vicious acts of violence against religious and ethnic minority groups, including Iraqi Christians, Yezidi, and Turkmen populations;

Whereas ISIL has targeted innocent women and girls with horrific acts of violence, including abduction, enslavement, torture, rape, and forced marriage;

Whereas ISIL is responsible for the brutal murder of innocent United States citizens, including James Foley, Steven Sotloff, and Abdul-Rahman Peter Kassig;

Whereas it is the policy of the United States to work with regional and global allies and partners to degrade and defeat ISIL, to cut off its funding, to stop the flow of foreign fighters to its ranks, and to support local communities as they reject ISIL;

Whereas the announcement of the anti-ISIL Coalition on September 5, 2014, during the NATO Summit in Wales, stated that ISIL poses a serious threat and should be countered by a broad international coalition;

Whereas President Barack Obama articulated five lines of effort in the campaign to counter ISIL, including supporting regional military partners, stopping the flow of foreign fighters, cutting off ISIL’s access to financing, addressing urgent humanitarian needs, and contesting ISIL’s messaging;

Whereas the United States Government calls on its allies and partners in the Middle East and North Africa that have not already done so to join and participate in the anti-ISIL Coalition;

Whereas the United States Government has successfully conducted airstrikes in Iraq, in coordination with Iraqi and Kurdish security forces, to prevent humanitarian catastrophes, protect vulnerable minority populations, repel ISIL from areas of strategic importance, and demonstrate support to communities in western and northern Iraq being terrorized by ISIL;

Whereas the United States Government has successfully conducted airstrikes in Syria, in coordination with local actors on the ground who demonstrate commitment and capability in countering ISIL, in order to target ISIL training camps and munitions facilities, stop sources of ISIL funding, protect vulnerable minority populations, and target extremist groups intent on attacking the United States and its allies;

Whereas United States and Coalition airstrikes to date have succeeded in halting ISIL’s advance in Iraq and Syria;

Whereas the President should to the greatest extent possible act in concert or cooperation with the security forces of other countries in the region to counter the grave threat to regional stability and international security posed by ISIL;

Whereas the anti-ISIL strategy requires effective local security forces in Iraq and Syria, and empowered political leaders committed to leading inclusive, representative governments that enable citizens in both countries to achieve their legitimate aspirations and to live in peace and security; and

Whereas President Obama stated on November 5, 2014, his commitment to working with Congress to pass an authorization for the use of military force for the anti-ISIL military campaign: Now, therefore, be it

That

1.

Short title

This joint resolution may be cited as the Authorization for the Use of Military Force against the Islamic State of Iraq and the Levant.

2.

Authorization for use of United States Armed Forces

(a)

Authorization

The President is authorized, subject to the limitations in subsection (c), to use the Armed Forces of the United States as the President determines to be necessary and appropriate against the Islamic State of Iraq and the Levant or associated persons or forces as defined in section 5.

(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)), within the limits of the authorization established under this section.

(2)

Applicability of other requirements

Nothing in this resolution supersedes any requirement of the War Powers Resolution (50 U.S.C. 1541 et seq.).

(c)

Limitations

The authority granted in subsection (a) does not authorize the use of the United States Armed Forces for the purpose of ground combat operations except as necessary—

(1)

for the protection or rescue of members of the United States Armed Forces or United States citizens from imminent danger posed by ISIL; or

(2)

to conduct missions not intended to result in ground combat operations by United States forces, such as—

(A)

intelligence collection and sharing;

(B)

enabling kinetic strikes;

(C)

operational planning; or

(D)

other forms of advice and assistance to forces fighting ISIL in Iraq or Syria.

3.

Duration of this authorization

This authorization for the use of military force shall terminate three years after the date of the enactment of this joint resolution, unless reauthorized.

4.

Reports

(a)

Periodic report

The President shall report to Congress at least once every 60 days on specific actions taken pursuant to this authorization.

(b)

Comprehensive strategy

Not later than 30 days after the date of the enactment of this joint resolution, the President shall submit to Congress an unclassified report, which may include a classified annex, on the comprehensive strategy of the United States in Iraq and Syria, including all activities authorized by this joint resolution. The comprehensive strategy report shall include—

(1)

The specific political and diplomatic objectives of the United States in the region and the methods proposed to achieve them.

(2)

Clearly defined military objectives of the United States, including—

(A)

a list of the organizations and entities to be targeted by military operations;

(B)

the geographic scope of military operations; and

(C)

methods for limiting civilian casualties.

(3)

Actual and proposed contributions from coalition partners of the United States, including financing, equipment, training, troops, and logistics support.

(4)

Humanitarian assistance and support for displaced civilian populations.

(5)

Benchmarks for assessing progress toward political, diplomatic, and military goals.

(6)

A realistic end goal and exit strategy.

(7)

An estimate of the costs involved and how any funds made available for activities authorized by this joint resolution will be fully offset through reduced spending, increased revenue, or both.

5.

Associated persons or forces defined

In this joint resolution, the term associated persons or forces means individuals and organizations fighting for or on behalf of the Islamic State of Iraq and the Levant or a closely-related successor entity, for the purposes of action authorized to be taken under this joint resolution.

6.

Applicability

The provisions of this joint resolution pertaining to the authorization of use of force against the Islamic State of Iraq and the Levant shall supersede any preceding authorization for the use of military force.

7.

Repeal of Authorization for Use of Military Force Against Iraq

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.

8.

Sunset of 2001 Authorization for Use of Military Force

The Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) shall terminate on the date that is three years after the date of the enactment of this Act, unless reauthorized.

December 13, 2014

Read twice and placed on the calendar

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