Kaine's War Powers concerns prompt proposal for effort against ISIL
Sen. Tim Kaine is giving voice to his longstanding concern that Presidents aren’t paying careful enough attention to the War Powers Act and what the Constitution says about the role of Congress when war looms, with legislation would specifically authorize the use of force against the Islamic State (aka ISIL or ISIS). As it happens, he's doing so on Constitution Day.
Kaine said his intention is to be specific and to narrowly define that authorization, to focus on key objectives President Obama has laid out, including that the effort against the Islamic State be a multinational one, that it would involve air strikes in Iraq and Syria and that it would involve giving military equipment vetted opponents of the Islamic State. His resolution would also say no U.S. ground forces would go. It expires after a year, as well.
“It’s my hope that this proposal will help move the ball forward on what a specific and narrow authorization for limited military action against ISIL should look like – one that bars the deployment of U.S. ground combat troops except for rescue missions or limited operations against high-value targets, and sunsets in one year so that progress can be assessed before continuing the mission.” Kaine said.
“If Congress isn’t willing to do the hard work – to debate and vote on an authorization – we should not be asking our servicemembers to go into harm’s way,” he added.
Here’s the full text of Kaine’s legislation:
To authorize the use of United States Armed Forces against the Islamic State in Iraq and the Levant:
Whereas that the Islamic State in Iraq and the Levant (ISIL), also known as ISIS or the Islamic State, is a terrorist organization committing daily acts of barbarity currently encompassing large portions of Syria and Iraq, and is a serious threat to the United States and the international community;
Whereas ISIL’s violence is destructive of religious freedom, the equality of women, protections against genocide, principles of national sovereignty, freedom of expression, and other core human rights protected by international law;
Whereas ISIL’s grisly execution of United States hostages, recruitment of United States citizens and others to serve as foreign fighters that threaten to return to the United States and other nations, and pledges to carry out additional acts of violence directly against the United States make it a threat of growing significance to the United States; and
Whereas United Nations Security Council Resolutions 2169 (2014) and 2170 (2014) note that ISIL’s advancement is a major threat to Iraq’s future, condemn attacks by ISIL, reiterate international community support for Iraq’s security and territorial integrity, and emphasize the need for the international community to work together to help stabilize Iraq and combat ISIL: 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 the Islamic State in Iraq and the Levant”.
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES AGAINST THE ISLAMIC STATE IN IRAQ AND THE LEVANT.
(a) In General.—In order to protect the United States and other countries from terrorist attacks by the Islamic State in Iraq and the Levant (ISIL), and in order to protect individuals from acts of violence in clear contravention of international law and basic human rights, the President is authorized, as part of a multinational coalition, subject to the limitations in subsection (b)—
(1) to use all necessary and appropriate force to participate in a campaign of airstrikes in Iraq, and if the President deems necessary, in Syria, to degrade and defeat ISIL; and
(2) to provide military equipment and training to forces fighting ISIL in Iraq or Syria, including the Iraqi security forces, Kurdish fighters, and other legitimate, appropriately vetted, non-terrorist opposition groups in Syria.
(b) No Authorization for Use of Ground Forces or Force Against Associated Forces.—The authorization in this section does not include—
(1) authorization for the use of United States ground combat forces, except for the purposes set forth in subsection (a)(2) or as necessary for the protection or rescue of members of the United States Armed Forces or United States citizens from imminent danger posed by ISIL, or for limited operations against high value targets; or
(2) authorization for the use of force against forces associated with ISIL, unless such forces are identified in a report submitted under section 4 as individuals or organizations that are immediately and directly fighting alongside ISIL in Iraq and Syria.
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