Authorization for Use of Military Force Resolution of 2023

IA 118TH CONGRESS 1ST SESSION H. J. RES. 52 To repeal and replace the Authorization for Use of Military Force. IN THE HOUSE OF REPRESENTATIVES APRIL 6, 2023 Mr. MEEKS (for himself, Mr. KIM of New Jersey, Ms. KUSTER, Ms. DEAN of Pennsylvania, Mr. ALLRED, Mr. PHILLIPS, Mr. CROW, and Mr. CAR- SON) submitted the following joint resolution; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee con- cerned JOINT RESOLUTION To repeal and replace the Authorization for Use of Military Force. Whereas the Constitution vests Congress with the sole au- thority to declare war and authorize the use of military force; Whereas Congress has not updated the Authorization for Use of Military Force (Public Law 107–40; 115 Stat. 224; 50 U.S.C. 1541 note) since it was enacted into law seven days after the attacks of September 11, 2001; Whereas the Authorization for Use of Military Force has been expanded to authorize the use of military force VerDate Sep 11 2014 22:56 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HJ52.IH HJ52 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HJ 52 IH against entities that did not exist at the time of those at- tacks; Whereas the United States remains ready to defend itself, when necessary, against armed attack, or the imminent threat of such an attack, by foreign terrorist groups; and Whereas Congress recognizes that the members of the United States Armed Forces and all other Americans deserve to know whether the deployment of the Armed Forces for the use of military force under a congressional authoriza- tion remains necessary and aligned with current threats: Now, therefore, be it Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This joint resolution may be cited as the ‘‘Authoriza- 4 tion for Use of Military Force Resolution of 2023’’. 5 SEC. 2. REPEAL OF EXISTING AUTHORIZATION FOR USE OF 6 MILITARY FORCE. 7 (a) IN GENERAL.—The Authorization for Use of 8 Military Force (Public Law 107–40; 115 Stat. 224; 50 9 U.S.C. 1541 note) is hereby repealed. 10 (b) EFFECTIVE DATE.—This section shall take effect 11 on the date that is 180 days after the date of the enact- 12 ment of this joint resolution. 13 SEC. 3. AUTHORIZATION FOR USE OF MILITARY FORCE. 14 (a) AUTHORIZATION.— 15 VerDate Sep 11 2014 22:56 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HJ52.IH HJ52 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HJ 52 IH (1) IN GENERAL.—To the extent necessary to 1 defend against a direct and substantial armed attack 2 against the United States or a threat of such armed 3 attack by any of the entities described in paragraph 4 (2), the President is authorized to use necessary and 5 appropriate force against such entities. 6 (2) ENTITIES DESCRIBED.—The entities de- 7 scribed in this paragraph are the following: 8 (A) The al Qaeda organization that is 9 based in Afghanistan. 10 (B) The Islamic State Khorasan organiza- 11 tion that is based in Afghanistan. 12 (C) The Islamic State of Iraq and Syria 13 that is based in Iraq and Syria. 14 (b) WAR POWERS RESOLUTION REQUIREMENTS.— 15 (1) SPECIFIC STATUTORY AUTHORIZATION.— 16 Consistent with section 8(a)(1) of the War Powers 17 Resolution (50 U.S.C. 1547(a)(1)), Congress de- 18 clares that subsection (a) is intended to constitute 19 specific statutory authorization within the meaning 20 of section 5(b) of the War Powers Resolution (50 21 U.S.C. 1544(b)). 22 (2) APPLICABILITY OF OTHER REQUIRE- 23 MENTS.—Nothing in this joint resolution supersedes 24 VerDate Sep 11 2014 22:56 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HJ52.IH HJ52 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HJ 52 IH any requirement of the War Powers Resolution (50 1 U.S.C. 1541 et seq.). 2 (c) APPLICABILITY IN CHANGED CIRCUMSTANCES.— 3 The authority provided in subsection (a)— 4 (1) may not be construed to cease to apply with 5 respect to an entity described in such subsection if 6 the entity adopts a different name than the name 7 specified in such subsection if— 8 (A) the President notifies the appropriate 9 congressional committees and leadership not 10 later than 60 days after determining that the 11 name has changed; and 12 (B) the President determines that the enti- 13 ty has the same leadership, membership, and 14 mission and continues to pose a direct and sub- 15 stantial threat of armed attack against the 16 United States as the entity had at the time of 17 the name change; 18 (2) shall not apply to an entity that emerges as 19 a result of a division of an entity described in such 20 subsection, unless the President certifies to the ap- 21 propriate congressional committees and leadership 22 not later than 60 days after determining that a divi- 23 sion occurred that— 24 VerDate Sep 11 2014 22:56 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HJ52.IH HJ52 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HJ 52 IH (A) the entity that emerged has the same 1 basic characteristics as the entity from which it 2 formed as a result of division, including with re- 3 spect to its leadership, membership, and mis- 4 sion; 5 (B) the entity that emerged retains the in- 6 tent and capability of posing a direct and sub- 7 stantial threat of armed attack the United 8 States; and 9 (C) the use of force against the entity that 10 emerged remains necessary to respond to such 11 threat of armed attack; and 12 (3) shall not apply to an entity that is not de- 13 scribed in such subsection, whether or not the entity 14 is involved in an armed conflict against a force of a 15 United States ally or partner or is an affiliate, asso- 16 ciated force, or successor entity of an entity de- 17 scribed in such subsection. 18 (d) SOLE SOURCE OF AUTHORITY.—Notwithstanding 19 any other provision of law, the authority provided in sub- 20 section (a) shall be the sole statutory authority to use 21 force or direct the use of force against the entities to which 22 such subsection applies. No additional authority to use 23 force or direct the use of force against the entities to which 24 subsection (a) applies shall be inferred from any provision 25 VerDate Sep 11 2014 22:56 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HJ52.IH HJ52 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HJ 52 IH of law (whether or not in effect before the date of the en- 1 actment of this joint resolution), including any provision 2 contained in any appropriation Act, unless such provision 3 specifically provides for authority to use force or direct 4 the use of force against the entities to which subsection 5 (a) applies and states that it is intended to constitute ad- 6 ditional authority within the meaning of this joint resolu- 7 tion. 8 (e) TREATY COMMITMENTS, LAW OF ARMED CON- 9 FLICT, AND TERRITORIAL INTEGRITY OF STATES.—The 10 authority provided in subsection (a) shall not be used in 11 a manner inconsistent with the treaty obligations of the 12 United States, the law of armed conflict, or in countries 13 from which there is no armed attack emanating. 14 (f) REPORT PURSUANT TO WAR POWERS RESOLU- 15 TION.—Any use of force against an entity that is not de- 16 scribed in subsection (a) or otherwise authorized by stat- 17 ute shall be reported to the Speaker of the House of Rep- 18 resentatives and the President pro tempore of the Senate 19 as an introduction into hostilities pursuant to section 20 4(a)(1) of the War Powers Resolution, and shall be subject 21 to the requirements of the War Powers Resolution as such. 22 (g) EFFECTIVE DATE.—This section shall take effect 23 on the date that is 180 days after the date of the enact- 24 ment of this joint resolution. 25 VerDate Sep 11 2014 22:56 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HJ52.IH HJ52 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HJ 52 IH SEC. 4. REPORT. 1 (a) IN GENERAL.—Not later than one year after the 2 date of the enactment of this joint resolution, and annually 3 thereafter for four years, the Secretary of Defense, the 4 Secretary of State, the Director of National Intelligence, 5 the Director of the Central Intelligence Agency, and the 6 heads of any other relevant Federal departments and 7 agencies shall jointly submit to the appropriate congres- 8 sional committees and leadership a report on the exercise 9 of the authority provided in section 3(a). The initial report 10 required by this subsection shall address the time period 11 since the date of the enactment of this joint resolution 12 and each subsequent report required by this subsection 13 shall address the time period since the date of submission 14 of the most recent prior report required by this subsection. 15 (b) MATTERS TO BE INCLUDED.—The report re- 16 quired by subsection (a) shall including the following: 17 (1) For each entity against which the United 18 States conducted activities pursuant to this joint 19 resolution: 20 (A) A description of any force used against 21 such entity, the timeframes and geographic 22 areas within countries in which such force was 23 used, whether or not each such area is des- 24 ignated an area of active hostilities, and the 25 legal and factual basis for determining that the 26 VerDate Sep 11 2014 22:56 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HJ52.IH HJ52 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HJ 52 IH authority provided in this joint resolution ap- 1 plied with respect to the force used against such 2 entity, including the United States constitu- 3 tional and statutory basis and whether such use 4 is consistent with the obligations of the United 5 States under its treaty obligations and the law 6 of armed conflict. 7 (B) The domains, including land, sea, air, 8 cyber, space, or any other domains, in which 9 operations were conducted against such entity, 10 the nature of these operations, and whether 11 such operations were conducted remotely. 12 (C) Lists and descriptions of any oper- 13 ations against high value targets, any sensitive 14 military operations (as such term is defined in 15 section 130f of title 10, United States Code), 16 and any sensitive military cyber operations (as 17 such term is defined in section 395 of title 10, 18 United States Code) conducted with respect to 19 such entity. 20 (D) Whether any force used against such 21 entity was a function of deliberate or dynamic 22 targeting and the number of combatant casual- 23 ties, disaggregated by country, in connection 24 with force used. 25 VerDate Sep 11 2014 22:56 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HJ52.IH HJ52 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HJ 52 IH (E) Assessments of the extent to which 1 such entity posed a direct and substantial 2 threat of an armed attack against the United 3 States at the time force was used, the extent to 4 which such entity continues to pose such a 5 threat, and whether the force used against such 6 entity helped to protect against such threat, in- 7 cluding the metrics used for such assessments. 8 (F) Whether and to what extent such enti- 9 ty used force against United States forces. 10 (2) An identification and description of the in- 11 volvement of any multilateral forces, multilateral or- 12 ganizations, ally or partner countries, or ally or 13 partner forces in activities conducted pursuant to 14 this joint resolution, including a description of any 15 United States activities related to training, equip- 16 ping, advising, assisting, or accompanying any ally 17 or partner force with respect to activities against en- 18 tity covered in section 3(a), including identification 19 of each such ally or partner force, each entity cov- 20 ered under section 3(a) against with such ally or 21 partner force engaged in armed conflict, and any 22 other entity against which such ally or partner force 23 engaged in armed conflict. 24 VerDate Sep 11 2014 22:56 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\HJ52.IH HJ52 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HJ 52 IH (3) A description of the civilian casualties re- 1 sulting from activities conducted pursuant to this 2 joint resolution, including for each such entity the 3 number of civilian casualties, disaggregated by coun- 4 try, in connection with force used by the United 5 States against such entity, as determined by— 6 (A) the United States Government; and 7 (B) credible and reliable nongovernmental 8 entities. 9 (4) An explanation for the differences, if any, 10 between the number of civilian casualties reported 11 pursuant to paragraph (3)(A) and the number of ci- 12 vilian casualties reported pursuant to paragraph 13 (3)(B), the standard of proof the United States gov- 14 ernment used to make its assessment and its criteria 15 for distinguishing between combatants and civilians. 16 (5) Descriptions of the mechanisms used to pre- 17 vent, limit, investigate, and mitigate civilian harm in 18 connection with any force used against such entity, 19 including descriptions of any ex gratia payments by 20 the United States to those harmed as a result of 21 United States, allied, partnered, or coalition oper- 22 ations. 23 (6) An assessment of whether any ally or part- 24 ner force with which the United States conducts 25 VerDate Sep 11 2014 22:56 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\HJ52.IH HJ52 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HJ 52 IH joint operations under this authorization may have 1 violated the law of armed conflict, including in its 2 involvement in detention operations, during the time 3 period since submittal of the most recent report pur- 4 suant to this section and a description of the steps 5 the United States is taking to address any such vio- 6 lations. 7 (7) A description of the diplomatic, develop- 8 ment, and humanitarian objectives, strategy, and ac- 9 tivities by which the United States intends to reduce 10 extremism, violence, and fragility relative to each 11 such entity in order to create the conditions for the 12 end of use of United States military force against 13 such entity, including the following: 14 (A) How the United States has and plans 15 to— 16 (i) create or improve inclusive, trans- 17 parent, and accountable power structures, 18 including effective, legitimate, and resilient 19 national and sub-national institutions; 20 (ii) promote strong foundations for 21 human rights, rule of law, and equal access [Text truncated for display. 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