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Declaration of War against the Organization known as the Islamic State

S.J. Res. 46 · 113th Congress · Dec 3, 2014 · Lineage

JOINT RESOLUTION

To declare that a state of war exists between the organization referring to itself as the Islamic State and the Government and the people of the United States, and to make provisions to prosecute the same.

Section 1 Short Title

This joint resolution may be cited as the “Declaration of War against the Organization known as the Islamic State”.

Sec. 2 Declaration of a State of War between the People and Government of the United States Against the Organization Known as the Islamic State

(a)
Declaration— The state of war between the United States and the organization referring to itself as the Islamic State, also known as the Islamic State of Iraq and the Levant (ISIL) and the Islamic State of Iraq and Syria (ISIS), which has been thrust upon the United States, is hereby formally declared pursuant to article I, section 8, clause 11, of the United States Constitution.
(b)
Authorization— The President is hereby authorized and directed to use the Armed Forces of the United States to protect the people and facilities of the United States in Iraq and Syria against the threats posed thereto by the organization referring to itself as the Islamic State, also known as the Islamic State of Iraq and the Levant (ISIL) and the Islamic State of Iraq and Syria (ISIS).
(c)
Rules of Construction—
(1)
Scope of authority— Nothing in this section shall be construed as declaring war or authorizing force against any organization—
(A)
other than the organization referring to itself as the Islamic State, also known as the Islamic State of Iraq and the Levant (ISIL) and the Islamic State of Iraq and Syria (ISIS); or
(B)
based on affiliation with the organization referring to itself as the Islamic State, also known as the Islamic State of Iraq and the Levant (ISIL) and the Islamic State of Iraq and Syria (ISIS).
(2)
No extraordinary authority— Nothing in this section shall be construed as granting the executive branch any powers beyond those expressly provided under subsection (b).
(3)
Limitation on use of ground combat forces— Nothing in this section shall be construed as authorizing the use of ground combat forces except—
(A)
as necessary for the protection or rescue of members of the United States Armed Forces or United States citizens from imminent danger posed by the organization referring to itself as the Islamic State, also known as the Islamic State of Iraq and the Levant (ISIL) and the Islamic State of Iraq and Syria (ISIS);
(B)
for limited operations against high value targets; or
(C)
as necessary for advisory and intelligence gathering operations.
(d)
War power 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 resolution supersedes any requirement of the War Powers Resolution (50 U.S.C. 1541 et seq.).

Sec. 3 Repeal of prior authorization for use of United States Armed Forces against Iraq

The authorization for the Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 50 U.S.C. 1541 note) is hereby repealed.

Sec. 4 No existing authority

The Authorization for the Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) does not provide any authority for the use of military force against the organization referring to itself as the Islamic State, and shall not be construed as providing such authority.

Sec. 5 Sunset of 2001 Authorization for the Use of Military Force

The Authorization for the Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) shall terminate on the date that is one year after the date of the enactment of this joint resolution.

Sec. 6 Expiration

The declaration and authorization in this joint resolution shall expire on the date that is one year after the date of the enactment of this joint resolution.