To ensure that no large-scale U. These would most likely involve air power and special operations forces for specific missions such as assisting airstrikes, training and advising local forces, or providing support to protect Americans who are directly threatened by ISIS forces. Congressional approval for these missions should include a requirement that the president seek additional authority for the long-term deployment of regular ground forces.
Additionally, the AUMF should include a geographic scope placing boundaries on the areas where the president is permitted to use force. When combating a nation-state, the geographic limits are understood, but a non-state actor such as ISIS can slip across multiple international borders.
Consequently, Congress should define a geographic scope in Iraq and Syria to provide clarity about the military mission to the American people. It should acknowledge that ISIS could move across another recognized border and allow for use of force in areas outside of Iraq and Syria with congressional notification within 30 days.
At that point, Congress can determine whether it is necessary to amend the original scope of the authorization to include the new area of operation. Again, unlike in conflicts between nation-states, there will be no potential peace treaty or cease-fire agreement negotiated between the two sides. In such situations, determining when the conflict is over is extremely difficult and fraught with political risk, but simply allowing the authority to continue carries little such risk. Without agreeing to terms that define the conditions necessary to shift to normal law enforcement and intelligence in the fight against ISIS, this authorization could create the kind of permanent state of war that President Obama has rightly decried.
This mechanism should establish a set of criteria for President Obama and Congress to agree on the point when the armed conflict with ISIS is over. Building on that starting point, the criteria should include a determination that ISIS is no longer capable of threatening the U. This could allow a transitional period akin to examples in which the United States has helped countries reduce and manage the threat from insurgencies so that local governments can handle them on their own. Despite the ongoing challenges in countries such as Afghanistan, Pakistan, Yemen, and Somalia, it can and has been done successfully in Columbia and the Philippines.
With consistent and targeted assistance from the United States, those two countries have experienced a significant reduction in violence and reached a level of stability and economic growth that few thought possible a decade ago. To evaluate the status of this conditions-based approach to the conflict, the president would be required to submit an annual report assessing the capabilities of ISIS against the agreed criteria. If the president determines that ISIS is degraded to the point that the criteria have been met, Congress would then vote to either accept or reject those findings, with an affirmative vote concluding the authority of the AUMF.
This will set up a rational and durable framework for fighting terrorism. The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. Makes in order only those further amendments printed in Part B of the Rules Committee report.
Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
Waives all points of order against the amendments printed in Part B of the report. Provides one motion to recommit with or without instructions. Provides for the consideration of the Senate amendment to H. Provides one hour of debate on each House amendment, equally divided and controlled by the chair and ranking minority member of the Committee on Foreign Affairs.
Waives all points of order against consideration of the motion and provides that the Senate amendment and the motion shall be considered as read. Provides that the question shall be divided between the two House amendments. It also is the statute which the President and his attorneys have subsequently cited as an authority for him to engage in electronic surveillance against possible terrorists without obtaining authorization of the special Court created by the Foreign Intelligence Surveillance Act FISA of , as amended.
This report will only be updated if events warrant. View the full text of this report. That is what my constituents expect, the Constitution demands, and our troops deserve. Defense Secretary Jim Mattis reportedly briefed top officials this week on the preliminary plan. When the Trump administration completes its plan, Congress will have another opportunity to finally fulfill its Constitutional responsibility to grant or withhold authority to conduct combat operations against ISIS.
Yet, two-and-a-half years after the U. Still, the simple fact remains that Congress as an institution has failed to fulfill its Constitutional responsibility.
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