On February 11, 2015, the President of the United States sent a letter to Congress “submitting a draft AUMF that would authorize the continued use of military force to degrade and defeat ISIL.” Recall that past Authorizations for Military Force (AUMF) have been cited by the White House as authority for electronic surveillance as “signals intelligence” and for other operations in cyberspace. So, this one, too, might be of significance to cyber security law and policy.
Here is the President’s draft language:
JOINT RESOLUTION
To authorize the limited use of the United States Armed Forces against the Islamic State of Iraq and the Levant.
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Whereas the terrorist organization that has referred to itself as the Islamic State of Iraq and the Levant and various other names (in this resolution referred to as ‘‘ISIL’’) poses a grave threat to the people and territorial integrity of Iraq and Syria, regional stability, and the national security interests of the United States and its allies and partners;
Whereas ISIL holds significant territory in Iraq and Syria and has stated its intention to seize more territory and demonstrated the capability to do so;
Whereas ISIL leaders have stated that they intend to conduct terrorist attacks internationally, including against the United States, its citizens, and interests;
Whereas ISIL has committed despicable acts of violence and mass executions against Muslims, regardless of sect, who do not subscribe to ISIL’s depraved, violent, and oppressive ideology;
Whereas ISIL has threatened genocide and committed vicious acts of violence against religious and ethnic minority groups, including Iraqi Christian, Yezidi, and Turkmen populations;
Whereas ISIL has targeted innocent women and girls with horrific acts of violence, including abduction, enslavement, torture, rape, and forced marriage;
Whereas ISIL is responsible for the deaths of innocent United States citizens, including James Foley, Steven Sotloff, Abdul – Rahman Peter Kassig, and Kayla Mueller;
Whereas the United States is working with regional and global allies and partners to degrade and defeat ISIL, to cut off its funding, to stop the flow of foreign fighters to its ranks, and to support local communities as they reject ISIL;
Whereas the announcement of the anti-ISIL Coalition on September 5, 2014, during the NATO Summit in Wales, stated that ISIL poses a serious threat and should be countered by a broad international coalition;
Whereas the United States calls on its allies and partners, particularly in the Middle East and North Africa, that have not already done so to join and participate in the anti-ISIL Coalition;
Whereas the United States has taken military action against ISIL in accordance with its inherent right of individual and collective self-defense;
Whereas President Obama has repeatedly expressed his commitment to working with Congress to pass a bipartisan authorization for the use of military force for the anti-ISIL military campaign; and
Whereas President Obama has made clear that in this campaign it is more effective to use our unique capabilities in support of partners on the ground instead of large-scale deployments of U.S. ground forces: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the “Authorization for Use of Military Force against the Islamic State of Iraq and the Levant.”
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) AUTHORIZATION. — The President is authorized, subject to the limitations in subsection (c), to use the Armed Forces of the United States as the President determines to be necessary and appropriate against ISIL or associated persons or forces as defined in section 5.
(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 resolution supersedes any requirement of the War Powers Resolution (50
U.S.C. 1541 et seq.).
(c) LIMITATIONS.—
The authority granted in subsection (a) does not authorize the use of the United States Armed Forces in enduring offensive ground combat operations.
SEC. 3. DURATION OF THIS AUTHORIZATION.
This authorization for the use of military force shall terminate three years after the date of the enactment of this joint resolution, unless reauthorized.
SEC. 4. REPORTS
The President shall report to Congress at least once every six months on specific actions taken pursuant to this authorization.
SEC. 5. ASSOCIATED PERSONS OR FORCES DEFINED.
In this joint resolution, the term ‘‘associated persons or forces’’ means individuals and organizations fighting for, on behalf of, or alongside ISIL or any closely-related successor entity in hostilities against the United States or its coalition partners.
SEC. 6. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ.
The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed.
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