Republicans in Congress will introduce a new war authorization on Wednesday that could put the fight against the Islamic State on firmer legal ground.
Rep. Jim Banks, R-Ind., is introducing a new war authorization in the House that specifically names al Qaeda, the Taliban and the Islamic State, as well as successor or associated organizations, as ones that can be targeted by the U.S.
Sen. Todd Young, R-Ind., is introducing a companion bill in the Senate.
The current fight against ISIS is covered by two previous war authorizations from 2001 and 2002 that cover the war on terrorism and fighting in Iraq, respectively. While the Obama administration argued that it had the authority to strike ISIS under these authorizations, legal scholars have questioned whether the previous bills are adequate, since the Islamic State did not exist when Congress passed them.
In addition, only a quarter of the current Congress was serving and voted on those previous authorizations, meaning most lawmakers on Capitol Hill have not been given a chance to make their voice heard with respect to the war effort.
Most on Capitol Hill agree that a new war authorization would send a clear signal to troops that the country supports their mission, but Republicans and Democrats have been unable to move a plan forward for more than two years.
Former President Obama sent his request to Capitol Hill in February 2015, but Republicans said it tied the hands of a commander-in-chief who should have every tool at his disposal, while Democrats worried it was too broad and could become a blank check. Several lawmakers have introduced other proposals, but none has gained any support or received a vote on the floor.
In addition to naming ISIS, the new war authorization proposed by Banks and Young would allow the U.S. to detain members of those terrorist groups. It would also repeal the authorizations from 2001 and 2002, and require the president to present to Congress a plan to defeat the Islamic State within 30 days of the authorization passing.
