Authorities for Military Operations Against Terrorist Groups

The United States has been undertaking counterterrorism operations against current threats under authorizations established in 2001 and 2002. Relying on this legislation is far from ideal, however, and Congress could update these authorizations to better reflect the current counterterrorism challenge. In early 2015, the Obama administration submitted its own draft authorization for the use of military force (AUMF) to Congress, the content of which has drawn criticism from both sides of the aisle. U.S. interests also face a developing threat from the Islamic State of Iraq and the Levant (ISIL). The need to dismantle the group's terrorist and military capacity has gained new urgency, and it presents an opportunity for Congress to weigh in. This report surveys the main lines of debate over the requirements for a new AUMF. It assesses the terrorist challenge to which any such legislation should respond, outlines the purposes of such legislation, offers suggestions about key elements, and assesses congressional options. A principal challenge for Congress is to craft an authorization for operations against both the old, persistent threat (al Qaeda, its affiliates, and other jihadist groups) and the new, emerging threat (ISIL and its allies). Congress faces six considerations in deciding whether and how to move forward to pass a new AUMF: (1) whether to impose geographical limitations on the authorization, (2) whether to place limits on ground forces, (3) how groups or individuals are identified, (4) the stated purposes for using force, (5) reporting requirements, and (6) sunset and renewal clauses.