S.Amdt. 2556Senate115th Congress (2017-2019)2nd degree
S.Amdt. 2556
Sponsored by
Sen. Tim Kaine (D-VA)
Submitted June 7, 2018
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Senate amendment submitted
June 7, 2018
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Submitted
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 _______