[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 51 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. J. RES. 51
Directing the removal of United States Armed Forces from hostilities in
Syria that have not been authorized by Congress.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 15, 2023
Mr. Paul introduced the following joint resolution; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
JOINT RESOLUTION
Directing the removal of United States Armed Forces from hostilities in
Syria that have not been authorized by Congress.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) Congress has the sole power to declare war under the
War Powers Clause of section 8 of article I of the Constitution
of the United States.
(2) There are 900 members of the United States Armed Forces
deployed in Syria.
(3) Congress has not declared war against Syria or any
organization or group in Syria.
(4) The Authorization for Use of Military Force (Public Law
107-40; 50 U.S.C. 1541 note) against the perpetrators of the
terror attacks on September 11, 2001, which was enacted on
September 18, 2001, and the Authorization for Use of Military
Force Against Iraq Resolution of 2002 (Public Law 107-243; 50
U.S.C. 1541 note), which was enacted on October 16, 2002, do
not serve as specific statutory authorizations for the use of
force against Syria.
(5) United States military operations in Syria began on
September 22, 2014, more than 13 years after the September 11,
2001, terrorist attacks, with Operation Inherent Resolve
targeting the Islamic State in Iraq and Syria (ISIS).
(6) Since September 22, 2014, the United States Armed
Forces have been introduced into hostilities in Syria, against
both State and non-state actors.
(7) The United States Armed Forces in Syria have targeted
numerous entities, including the Syrian Armed Forces and pro-
Syrian government forces, terrorist organizations, including
ISIS, the Islamic Revolutionary Guard Corps, Iranian-backed
militias, the Russian-backed Wagner Group, and the armed forces
of Turkey.
(8) On October 30, 2015, the administration of President
Barack Obama deployed members of the United States Armed
Forces, announcing that up to 50 special operations forces
would be deployed to Syria.
(9) On April 25, 2016, the Obama administration announced
that an additional 250 special operations forces would be
deployed to Syria.
(10) On December 6, 2017, the Secretary of Defense revealed
that there were approximately 2,000 members of the United
States Armed Forces deployed in Syria.
(11) Since 2016, United States Armed Forces have targeted
personnel, platforms, and facilities of the Syrian Armed Forces
or forces allied with the Government of Syria on at least 11
occasions, including on April 7, 2017, when United States Armed
Forces fired 59 Tomahawk cruise missiles at Shayrat Airbase
controlled by the Syrian Government. Syrian Government
officials indicated the strike killed 16 people, including 7
military personnel.
(12) On February 7, 2018, members of the United States
Armed Forces in Syria killed hundreds of Russian citizens who
were members of the Russian-backed Wagner Group.
(13) On April 12, 2018, Director of the Central
Intelligence Agency Mike Pompeo told the Committee on Foreign
Relations of the Senate, ``In Syria, now, a handful of weeks
ago, the Russians met their match. A couple hundred Russians
were killed.''.
(14) On December 19, 2018, President Donald J. Trump
ordered the withdrawal of all United States Armed Forces from
Syria, a policy that was not implemented, as 900 members of the
United States Armed Forces remain in Syria.
(15) On February 28, 2019, President Trump declared that
100 percent of the Islamic State caliphate had been defeated,
therefore achieving the objective of Operation Inherent
Resolve.
(16) On October 11, 2019, the Secretary of Defense reported
that members of the United States Armed Forces in northern
Syria came under artillery fire from Turkish Armed Forces.
(17) Former United States Special Presidential Envoy for
the anti-ISIS coalition Brett McGurk stated, ``Turkish forces
have fired on a declared United States military outpost in
northern Syria. Turkey knows all of our locations down to the
precise grid coordinate.''.
(18) On July 11, 2019, Presidential candidate Joseph R.
Biden, Jr., promised to ``end forever wars in Afghanistan and
the Middle East'' and stated that ``Staying entrenched in
unwinnable conflicts only drains our capacity to lead on other
issues that require our attention.''
(19) On October 6, 2019, President Trump ordered the
withdrawal of United States Armed Forces from northern Syria.
(20) United States Armed Forces in Syria are regularly
attacked by Iranian-backed militias, resulting in casualties.
(21) On February 25, 2021, President Joseph R. Biden, Jr.,
ordered the United States Armed Forces to carry out airstrikes
in eastern Syria against facilities used by Iran-backed
militias in response to attacks against United States and
allied personnel in Iraq that killed a Filipino contractor and
injured a National Guardsmen and 4 United States contractors.
(22) On June 27, 2021, President Biden ordered the United
States Armed Forces to carry out airstrikes against Iran-backed
militias in Syria in response to drone attacks against United
States personnel and facilities in Iraq.
(23) On August 24, 2022, President Biden ordered the United
States Armed Forces to carry out airstrikes against Iran-backed
militias in Deir al Zour, Syria, in response to attacks on a
United States base in northeastern Syria that injured 3 members
of the United States Armed Forces.
(24) On March 24, 2023, President Biden ordered the United
States Armed Forces to carry out airstrikes against Iran-backed
militias in Syria in response to an attack in northeast Syria
that killed a United States contractor and injured 5 members of
the United States Armed Forces and another United States
contractor.
(25) On October 5, 2023, a United States F-16 aircraft shot
down an armed Turkish drone operating in northeastern Syria.
The drone was reported to have come within 500 yards of members
of the United States Armed Forces.
(26) Since October 17, 2023, United States Armed Forces in
Syria and Iraq have been attacked at least 52 times, with 28
attacks in Syria and 24 attacks in Iraq. Such attacks resulted
in at least 56 members of the United States Armed Forces being
injured, of whom at least 25 members have sustained traumatic
brain injuries.
(27) On October 26, 2023, President Biden ordered United
States Armed Forces to conduct airstrikes against a weapons
storage facility and an ammunition storage facility used by the
Islamic Revolutionary Guard Corps and Iranian-backed militias
in Abu Kamal, Syria.
(28) On November 8, 2023, President Biden ordered United
States Armed Forces to conduct airstrikes against a weapons
storage facility used by the Islamic Revolutionary Guard Corps
and Iranian-backed militias in Maysalun, Syria.
(29) On November 12, 2023, President Biden ordered United
States Armed Forces to conduct airstrikes against a training
facility and a safe house used by the Islamic Revolutionary
Guard Corps and Iranian-backed militias in Abu Kamal and
Mayadin, Syria.
(30) Nine members of the United States Armed Forces have
been killed in Syria since the commencement of Operation
Inherent Resolve: Staff Sergeant Austin Bieren, Senior Chief
Petty Officer Scott Dayton, Master Sergeant Jonathan Dunbar,
Chief Warrant Officer 2 Jonathan Farmer, Senior Chief Petty
Office Shannon Kent, Specialist Antonio Moore, Sgt. Bryan
Mount, Specialist Etienne Murphy, and Private First Class
Michael Thomason.
(31) The 900 members of the United States Armed Forces
deployed in Syria face significant risk, as is evidenced by
regularly occurring attacks, and an imminent threat of wider
hostilities involving such members of the United States Armed
Forces in Syria.
(32) Section 8(c) of the War Powers Resolution (50 U.S.C.
1547(c)) defines the ``introduction of United States Armed
Forces'' to include ``the assignment of members of such Armed
Forces to command, coordinate, participate in the movement of,
or accompany the regular or irregular military forces of any
foreign country or government when such military forces are
engaged, or there exists an imminent threat that such forces
will become engaged, in hostilities''. Activities that the
United States Armed Forces have conducted in Syria fall within
such definition, as is evidenced by United States support of
the People's Protection Units (YPG), the Syrian Democratic
Forces (SDF), the Free Syrian Army (FSA), and other regular and
irregular military forces in Syria.
(33) The United States Armed Forces have been introduced
into active or imminent hostilities within the meaning of
section 4(a) of the War Powers Resolution (50 U.S.C. 1543(a)).
Activities that the United States Armed Forces have conducted
in Syria fall within such meaning, as evidenced by strikes on
the Syrian Armed Forces, pro-Syrian government forces, various
terrorist organizations, including ISIS, the Islamic
Revolutionary Guard Corps, Iranian-backed militias, the
Russian-backed Wagner Group, and the Armed Forces of Turkey.
(34) Section 5(c) of the War Powers Resolution (50 U.S.C.
1544(c)) states, ``at any time that United States Armed Forces
are engaged in hostilities outside the territory of the United
States, its possessions and territories without a declaration
of war or specific statutory authorization, such forces shall
be removed by the President if the Congress so directs''.
(35) Section 1013 of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides,
``Any joint resolution or bill [to require] the removal of
United States Armed Forces engaged in hostilities . . . without
a declaration of war or specific statutory authorization shall
be considered in accordance with the procedures of section
601(b) of the International Security Assistance and Arms Export
Control Act of 1976''(Public Law 94-329; 90 Stat. 765).
SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES IN SYRIA
THAT HAVE NOT BEEN AUTHORIZED BY CONGRESS.
Pursuant to section 1013 of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a), and in accordance
with the provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90
Stat. 765), Congress hereby directs the President to remove United
States Armed Forces from hostilities in or affecting Syria by not later
than the date that is 30 days after the date of the adoption of this
joint resolution (unless the President requests and Congress authorizes
a later date), and unless and until a declaration of war or specific
authorization for such use of United States Armed Forces has been
enacted.
SEC. 3. RULE OF CONSTRUCTION REGARDING AUTHORIZATIONS FOR USE OF
MILITARY FORCE.
Consistent with section 8(a)(1) of the War Powers Resolution (50
U.S.C. 1547(a)(1)), nothing in this joint resolution may be construed
as authorizing the use of military force.
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