Authorizing Military Action Against ISIS, Al Qaeda, and the Taliban While Repealing Old AUMFs (S. Joint Res. 31)

What is S. Joint Res. 31?

(Updated May 6, 2019)

This joint resolution would authorize the use of military force against Al Qaeda, the Taliban, and the Islamic State of Iraq and Syria (ISIS) while repealing the existing authorizations for use of military force (AUMF) that have been applied to those conflicts. If enacted, it would satisfy the requirements of the War Powers Resolution, which requires the president to receive congressional consent for military operations lasting more than two months.

Within 30 days of enactment, the president would be required to provide the defense, foreign affairs, homeland security, and intelligence committees with a plan to defeat ISIS that includes the following components:

• What vital national security interests are threatened by ISIS, strategic goals, milestones for gauging progress, and risks for the strategy.

• The actual or proposed contributions of coalition partners and humanitarian assistance for displaced civilians.

• Public diplomacy and other efforts to delegitimize ISS and its radical Islamist ideology while cutting off or seizing its means of financial support.

• Plans for stopping the travel of ISIS members, detaining and interrogating combatants,

• Plans for sustainable governance and security in areas retaken from ISIS, an endstate and exit strategy for any U.S. combat deployments.

• An estimate of the strategy’s cost and plans to inform the people of the U.S. about the campaign to defeat ISIS.

The president would be required to report to Congress every 60 days about actions taken using the authority granted by this resolution.

As a joint resolution, this legislation would require approval by both chambers of Congress and the president's signature to become law.

Argument in favor

The U.S. needs to reorient its fight against terror groups. By authorizing the use of force against ISIS, Al Qaeda, and the Taliban and repealing the old post-9/11 and Iraq AUMFs the U.S. can refocus its counterterrorism operations to better reflect the current reality rather than 15+ years ago.

Argument opposed

There’s no need for a new authorization for use of military force against these terror groups because those military operations are already covered by existing authorizations. It’s better to use the existing AUMFs than ignite a political battle that derails counter-terrorism efforts.

Impact

The U.S. military; Congress; and the President.

Cost of S. Joint Res. 31

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Todd Young (R-IN) introduced this bill to authorize the use of military force against ISIS since Congress hasn’t given an authorization despite the U.S. military actions carried out against ISIS over the last two-and-a-half years:

“I believe it is long past time for Congress to consider and pass an authorization for use of military force (AUMF) against ISIS and send a clear message to our troops in harm’s way that we support them and have their backs… That’s why today I introduced legislation in the Senate that would authorize the use of military force against ISIS and require the administration to submit to Congress a detailed strategy to defeat the terrorist organization. I am ready to roll up my sleeves, analyze the Trump administration’s new plan, and take tough votes. That is what my constituents expect, the Constitution demands, and our troops deserve.”

Of Note: When the Obama administration first used military force against ISIS, it used the 2001 AUMF against terrorists responsible for the September 11 attacks and “associated forces” as its legal justification. In December 2016, the Office of the President released a brief stating that the AUMF gives congressional authorization for military action against At Qaeda and other Islamic militant groups.

Media:

• Sponsoring Sen. Todd Young (R-IN) Press Release
  
• RealClearDefense (Op-Ed by Sen. Young)
  
• Ripon Advance
  
• RT
  
• Stripes