Senators introduce bill to update Trump's war authority

Senators introduce bill to update Trump's war authority
© Greg Nash

Senators are renewing a long-stalled debate over President TrumpDonald John TrumpTrump retweets personal attacks on Clinton, Pelosi, Abrams Biden swipes at Trump: 'Presidency is about a lot more than tweeting from your golf cart' GOP sues California over Newsom's vote-by-mail order MORE's legal authority to target terrorist groups overseas. 

A bipartisan group of senators introduced the legislation to update the authorization for the use of military force (AUMF) on Monday.

If passed, it would replace the 2001 and 2002 bills that authorized the wars in Afghanistan and Iraq and have been used as the legal basis for military action against terrorist groups.

ADVERTISEMENT

"There have been a number of efforts over the years to update these authorities, and while there is still work ahead, I am pleased that we have reached an agreement on a product for the committee to consider," Sen. Bob CorkerRobert (Bob) Phillips CorkerRomney is only GOP senator not on new White House coronavirus task force McConnell, Romney vie for influence over Trump's trial RNC says ex-Trump ambassador nominee's efforts 'to link future contributions to an official action' were 'inappropriate' MORE (R-Tenn.), the chairman of the Foreign Relations Committee, said in a statement.

In addition to Corker, Sens. Tim KaineTimothy (Tim) Michael KaineBipartisan senators introduce bill to make changes to the Paycheck Protection Program Overnight Defense: National Guard chief negative in third coronavirus test | Pentagon IG probing Navy's coronavirus response | Democrats blast use of Russia deterrence funds on border wall Overnight Defense: Navy secretary nominee: Service in 'rough waters' after 'failure of leadership'| Senate fails to override Trump's Iran war powers veto| Top Armed Services Republican expects to address Pentagon border wall funds in defense policy bill MORE (D-Va.), Jeff FlakeJeffrey (Jeff) Lane Flake'Never Trump' Republicans: Fringe, or force to be reckoned with? The Memo: Can the Never Trumpers succeed? Former GOP Sen. Jeff Flake says he will not vote for Trump MORE (R-Ariz.), Christopher CoonsChristopher (Chris) Andrew CoonsCongress must fill the leadership void Congress headed toward unemployment showdown Trump declines to say if he's 'standing by' nominee under investigation MORE (D-Del.), Todd YoungTodd Christopher YoungSave wildlife, save ourselves Bipartisan senators seek funding for pork producers forced to euthanize livestock The Hill's Coronavirus Report: Rep. Hurd says China engaged in global disinformation campaign; US unemployment highest since Great Depression MORE (R-Ind.) and Bill NelsonClarence (Bill) William NelsonLobbying world The most expensive congressional races of the last decade Lobbying world MORE (D-Fla.) are supporting the bill.

Though the legislation comes days after President Trump launched "precision" military strikes in response to an alleged chemical weapons attack in Syria, the bill does not address the president's legal authority to take action against Syrian President Bashar Assad or any other nation-state.

It does specify that a sovereign nation would not qualify as an "associated force." 

In addition to repealing the 2001 and 2002 AUMFs, it allows Trump to use "all necessary and appropriate force" against al Qaeda, the Taliban and the Islamic State in Iraq and Syria (ISIS).

ADVERTISEMENT

"Our proposal finally repeals those authorizations and makes Congress do its job by weighing in on where, when and with who we are at war," Kaine added in a statement.

In a move that is likely to draw backlash from liberal lawmakers and outside groups, it would allow Trump to take action against an associated terrorist group or use military action in a new country without congressional authorization.

Trump would then need to notify Congress, who would under the legislation have 60 days to try to remove his authority to target the associated group or prohibit him from taking action in a specific country.

Corker told reporters that the legislation does not include a built-in sunset for the new AUMF.

Instead, it establishes a process whereby every four years a president must submit a proposal to Congress, which could then be fast-tracked through both chambers. If Congress doesn't pass new legislation, the Corker-Kaine war bill would stay in place.

Kaine said the Trump administration pushed back strongly against including a firm sunset in the bill. 

"That was strongly objected to by Secretary Mattis and others. They just felt like if you do that, you're sending a signal that you're going to leave and they'll wait you out," he said. 

He added the language in the final bill was a "middle ground" between the Democratic push for a firm sunset and Republican's push for no timeline. 

The legislation comes as Congress has struggled for years with passing a new war authorization amid deep political and policy divides.

Corker said he hopes the Foreign Relations Committee will mark up the legislation next week, as soon as Monday.

He noted earlier this year that he would like a week of floor time to debate the issue, if it can get passed his committee. But that could be a big ask heading into a midterm election, where leadership could be wary of starting debate of Trump's war authority.

"It is a political season. Everybody says they want to weigh in on an AUMF. We'll see if everybody really wants to weigh in an AUMF," Corker told reporters on Monday. 

Sen. John CornynJohn CornynFive questions about the next COVID-19 relief package Hillicon Valley: Lawmakers demand answers on Chinese COVID hacks | Biden re-ups criticism of Amazon | House Dem bill seeks to limit microtargeting Lawmakers ask for briefings on Chinese targeting of coronavirus research MORE (Texas), the No. 2 Senate Republican, said late last week that he has not heard any discussion of giving the bill floor time. 

—Updated at 8:10 p.m.