CRS Insights
Considerations for Possible Authorization for Use of Military Force Against the Islamic State
Matthew C. Weed, Analyst in Foreign Policy Legislation (mweed@crs.loc.gov
, 7-4589)
September 16, 2014 (IN10147)
The armed offensive of the Islamic State (IS, also known as ISIL or ISIS) in northern and western Iraq
and northeastern Syria has raised significant concerns
for the Middle Eastern governments and the
United States. Since June, President Obama has ordered multiple deployments of U.S. troops to Iraq to
provide security to diplomatic personnel and facilities, advise Iraqi security forces, and conduct
intelligence gathering and reconnaissance. He has also ordered U.S. military airstrikes on IS forces in
Iraq as part of at least four military operations since August 7. In a September 10, 2014, speech, the
President also laid out plans for expanded use of military force against the Islamic State in Iraq and
possibly Syria. Concerned with a perceived piecemeal build-up of troops, the President's plans for
expanding uses of military force, the lack of opportunities for congressional consultation and oversight,
and a possible expansion of the use of military force into Syria, several Members of Congress have
expressed the view that continued use of military force against the Islamic State requires congressional
authorization. Members differ on whether such authorization should be provided.
Authority to Deploy Troops and Use Military Force Against the Islamic State
Although the President in his notifications
to Congress of deployments and airstrikes has relied upon his
powers as Commander in Chief and Chief Executive under Article II of the Constitution, Obama
Administration officials have
stated that two enacted authorizations for use of military force (AUMFs)
might apply to U.S. military strikes against the Islamic State. These two AUMFs, one in response to the
September 11, 2001, terror attacks and targeting those responsible, and one to counter the threat
posed by the Saddam Hussein regime in Iraq, might not be considered to authorize strikes against the
Islamic State. If Congress decides the AUMFs do not cover such use of military force, it could consider
the President as conducting military operations without congressional authorization, and could demand
an end to hostilities or enact a new authorization to use military force against the Islamic State.
Possible Elements of a New AUMF Targeting the Islamic State
A new AUMF targeting the Islamic State could both authorize presidential use of military force beyond
what is considered valid under the President's Article II war powers, and circumscribe and limit such
use of force. Language in a new AUMF could either broaden the purpose of military force to include
unspecified U.S. national security interests, or narrow the scope of authorization to specific objectives
related to degrading or destroying the Islamic State. Congress could limit the AUMF's geographic scope,
authorizing force only in Iraq where hostilities have taken place, or approve an expansion to Syria.
With continued uncertainty surrounding the Iraqi government, Congress might include authorization to
use U.S. Armed Forces in Iraq in furtherance of political stability objectives. Provisions in any AUMF
targeting the Islamic State might address the possible effect that targeting the Islamic State in Syria
and Iraq could have on the ongoing conflict in Syria
.
Other provisions might include
the requirement that the President certify that use of military force pursuant to the authorization
was necessary and no other course of action was available;
a provision requiring the President to submit a strategy for conducting the conflict with the
Islamic State;
a sunset provision, limiting the President's authority to a set period of time, possibly with the
option of extension through a presidential certification process;
the prohibition on the use of appropriated funds for the use of military force outside the
parameters of the specified authorization;
congressional notification and reporting requirements on a periodic or incident-specific basis;
