[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 44 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. J. RES. 44
Directing the removal of United States Armed Forces from hostilities in
the Republic of Niger that have not been authorized by Congress.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 6, 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
the Republic of Niger 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) Niger hosts the second-largest United States military
presence in Africa, with more than 1,000 members of the United
States Armed Forces in the country as of June 2023.
(3) Congress has not declared war against the Republic of
Niger or any organization or group in Niger, nor has Congress
provided a specific statutory authorization for the involvement
of United States Armed Forces in the armed conflict or any
hostilities in Niger.
(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 Niger.
(5) Since 2013, members of the United States Armed Forces
have been introduced into hostilities with terrorist
organizations and insurgent groups in the Republic of Niger,
including through direct exchanges of fire with such groups.
(6) On October 4, 2017, 4 members of the United States
Armed Forces, Staff Sergeant Bryan Black, Staff Sergeant
Jeremiah Johnson, Sergeant La David Johnson, and Staff Sergeant
Dustin Wright, were killed in an attack by a regional Islamic
State affiliate near the village of Tongo Tongo in western
Niger.
(7) On December 6, 2017, members of the United States Armed
Forces engaged in a firefight and reportedly killed 11 members
of a regional Islamic State affiliate in southeastern Niger.
(8) On July 26, 2023, a coup d'etat occurred in Niger when
the presidential guard detained the duly-elected President
Mohamed Bazoum, and a military junta, the National Council for
the Safeguard of the Homeland, was established under the
leadership of presidential guard commander general
Abdourahamane Tchiani.
(9) The coup d'etat triggered a regional conflict in which
the Economic Community of West African States declared that it
has chosen an undisclosed timeframe for possible military
intervention in Niger to restore President Bazoum to power.
(10) The regional conflict resulting from the coup d'etat
threatens to involve members of the United States Armed Forces
deployed in Niger, thus expanding the scope and nature of
United States involvement in hostilities.
(11) 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 Niger fall within
such definition, as evidenced by direct exchanges of fire with
various terrorist organizations and insurgent groups.
(12) 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)).
(13) 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''.
(14) Section 1013 of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides,
``[a]ny 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 NIGER
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 the Republic of
Niger 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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