The Authorization for Use of Military Force (AUMF), Pub. L. 107-40, codified at 115 Stat. 224 and passed as S.J.Res. 23 by the United States Congress on September 14, 2001,
Be it resolved…
That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
50 U.S. Code § 3093 – Presidential approval and reporting of covert actions
The President may not authorize the conduct of a covert action by departments, agencies, or entities of the United States Government unless…
(e) “Covert action” defined
As used in this subchapter, the term “covert action” means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include—
(1) activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of United States Government programs, or administrative activities;
(2) traditional diplomatic or military activities or routine support to such activities;
(3) traditional law enforcement activities conducted by United States Government law enforcement agencies or routine support to such activities; or
(4) activities to provide routine support to the overt activities (other than activities described in paragraph (1), (2), or (3)) of other United States Government agencies abroad.
On September 17, the House passed a continuing resolution funding the arming of “moderate” Syrian rebels; September 18, the Senate voted 78-22 to arm them.)
Senate Majority Leader Harry Reid (D-Nev.) has scheduled a resolution authorizing military action against the Islamic State in Iraq and Syria.
The use-of-force resolution may be wrapped into the Defense authorization bill.
Rep. Adam Schiff (D-CA) proposes a new AUMF. The full draft text of the joint resolution, “Authorization for Use of Military Force Against ISIL,” is available below.
To authorize the use of United States Armed Forces against the terrorist organization, “Islamic State of Iraq and the Levant,” (ISIL) .
Whereas for months ISIL has been engaged in an almost unchecked campaign of murder and mayhem across a broad swath of Iraq and Syria that has killed thousands of innocent people and terrorized millions;
Whereas ISIL has brought under its control large areas of Iraq and Syria and announced on June 29, 2014 the establishment of a new caliphate;
Whereas in its conduct of military operations, its treatment of personnel captured on the battlefield, and its behavior towards civilians in areas under its control, ISIL has shown a level of brutality and depravity that shocks the conscience;
Whereas the threat posed by the recruitment of ISIL fighters in the United States and Europe and the prospect of these fighters returning to the United States or allied countries threatens the security of the United States and its allies;
Whereas ISIL poses an unusual and extraordinary threat to the national security and foreign policy of the United States and if left unchecked will be the locus of plots to attack our homeland;
Whereas the rise of ISIL, the continuing threat posed by al Qaeda and the pending redeployment of American combat troops from Afghanistan highlight the need to re-examine and harmonize the legal authorities under which the President is authorized to take offensive military action;
Whereas, the President has authority under the Constitution to take action to protect the United States from and its citizens from imminent threat or attack:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1 – Short Title
This joint resolution may be cited as the ‘Authorization for Use of Military Force Against ISIL’.
Section 2 – Authorization for Use of United States Armed Forces
(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against ISIL.
a) GEOGRAPHICAL LIMITATION – The authorization in this section shall be confined to the territory of the Republic of Iraq and the Syrian Arab Republic.
b) NO AUTHORIZATION FOR USE OF ROTATIONAL GROUND FORCES.-Except for special operations forces and other forces that may be deployed in atraining and advisory role, the authorization in this section does not include authorization for the use of rotational ground forces.
(b) TERMINATION: – The authority of subsection (a) shall terminate eighteen months from the enactment of this joint resolution.
Section 3 – Repeal of Prior Authorization For Use of United States Armed Forces
(a) The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 26 1541 note) is hereby repealed.
(b) Effective eighteen months from the date of enactment of this joint resolution, the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) is hereby repealed.
Section 4 – War Powers Resolution Requirements
(a) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(b) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supersedes any requirement of the War Powers Resolution.
Section 5 – Reports to Congress
a) IN GENERAL.- The President shall, at least once every 60 days, submit to the Congress a report on matters relevant to this joint resolution, including actions taken pursuant to the exercise of authority granted in section 2 and the status of planning for efforts that are expected to be required over the next 60 days.
i. Such reports are to be submitted to the Speaker of the House of Representatives, and the President pro tempore of the Senate.
b) CONSOLIDATION.-To the extent that the submission of any report described in this subsection coincides with the submissions of any other report on matters relevant to this joint resolution otherwise required to be submitted to Congress pursuant to the reporting requirements of the War Powers Resolution, all such reports may be submitted as a single consolidated report to the Speaker of the House of Representatives, and the President pro tempore of the Senate.