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Authorized Use of Force Legislation in Trouble

May 21, 2018
By Dr. Stephen Schwalbe — In Homeland Security

Credit: Architect of the Capitol

Critics claim that U.S. military actions overseas not specifically sanctioned by Congress violate the 2001 and 2002 Authorization for the Use of Military Force (AUMF) law. The Senate Foreign Relations Committee is now considering two competing bills to update these AUMFs.

The first bill, submitted in April, is co-sponsored by Senate Foreign Relations Committee Chairman Sen. Bob Corker (R-Tenn.) and Ranking Member Tim Kaine (D-Va.). If passed, the bill would authorize the use of force against “associated forces” that include:

  • Al-Qaeda in the Arabian Peninsula (AQAP)
  • Al-Qaeda in the Islamic Maghreb (AQIM)
  • Al-Qaeda in Syria
  • Al-Shabab
  • The Haqqani network based in Pakistan

The bill also would permit U.S. military operations in Somalia, Yemen, and Libya.

Two Bills Call for Congress to Authorize Military Action against Terrorist Organizations

The Corker-Kaine bill also requires the president to submit a new war plan every four years. Several committee members from both political parties have lined up behind the bill, including Sens. Christopher Coons (D-Del.), Jeff Flake (R-Ariz.) and Todd Young (R-Ind.).

The second bill, sponsored by Sen. Jeff Merkley (D-Ore.), will probably be submitted sometime this month. It calls for authorizing military action only against Al-Qaeda, the Taliban, and the Islamic State in Afghanistan, Iraq, and Syria. None of these organizations is named in the Corker-Kaine proposal.

Merkley’s bill also includes a five-year time limit, or a “sunset provision,” on when the war authorization would expire.

Finally, the president would be required to alert Congress within 48 hours of introducing ground troops abroad. The troops could remain in place only if lawmakers approve. Beginning in 2022, the president would need to report to Congress every four years on any use of military force overseas.

Continue reading here.

 

 

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