By Rachna Choudhry, 2/16/15
It’s President’s Day – and Congress will be in recess this week. The deadline to fund the Department of Homeland Security looms ahead. Lawmakers have until Feb. 27 to avoid an agency shutdown. When Congress returns next week, they may also consider the President’s Draft Authorization for the Use of Military Force. And yesterday, the Federal Aviation Administration released a set of draft regulations for the legalization of commercial drone flight.
Learn more from our Hill Sources, then share your voice on POPVOX!
(On the right is a photo of the Thomas Jefferson statue in the US Capitol.)
Homeland Security Appropriations
The Senate again failed to pass the House Department of Homeland Security funding bill, which included language to defund President Obama’s immigration executive actions:
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Dept. of Homeland Security Appropriations, 2015 – House-passed version (HR 240)
Makes appropriations for the Department of Homeland Security (DHS) for the fiscal year ending Sept. 30, 2015. “In total, the bill provides $39.7 billion in discretionary funding for DHS, an increase of $400 million compared to the fiscal year 2014 enacted level. The bill prioritizes frontline security – including all operational, counterterrorism, and threat-targeting activities, and essential tactical equipment – and saves taxpayer dollars by reducing overhead costs and cutting funds for lower-priority programs. The bill also includes several approved amendments to limit the President’s recent actions on immigration and to require DHS to enforce current immigration laws,” according to the House Appropriations Committee. (Bill text)
Background: In January, the House passed its version of the Homeland Security Appropriations bill – the last of the 12 annual funding bills to be considered for the remainder of FY 2015. The other 11 bills were approved in 2014, but Congress “punted” on this one to move the discussion around the President’s immigration executive actions to the 114th Congress. Lawmakers now have until Feb. 27 to pass a Homeland Security Appropriations bill – and avoid an agency shutdown.
Last week, Senator Barbara Mikulski (D-MD), Vice Chairwoman of the Senate Appropriations Committee, urged her colleagues to take up and pass the “clean” appropriations funding bill that she introduced with Senator Jeanne Shaneen (D-NH):
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”Clean” Dept. of Homeland Security Appropriations, 2015 (S 272)
“A complete, clean bill to fund DHS operations through the remainder of fiscal year (FY) 2015. Shaheen and Mikulski used the House and Senate’s December DHS compromise to write their bill (S 272), and kept it free of extraneous policy riders that would threaten vital homeland security operations. DHS funding is set to expire at the end of February,” according to the sponsors. “Incorporates critical increases in funding and support for border security, cybersecurity, the Secret Service and other national security initiatives. The legislation would fully fund DHS operations for the remainder of FY 2015, and also includes complete disaster funding.” (Bill text)
From our Hill Sources: The entire Democratic caucus is calling on Congress to pass a clean DHS funding bill. Forty-five Senators, including two Independents, who caucus with Democrats, signed a joint letter stating their support. (Read the letter)
Use of Military Force Against ISIL
Last week, the President submitted to Congress a draft resolution that “would authorize the continued use of military force to degrade and defeat ISIL.”
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The President’s Draft Authorization for the Use of Military Force (AUMF)
Would not authorize long‑term, large-scale ground combat operations like those our nation conducted in Iraq and Afghanistan. Would provide the flexibility to conduct ground combat operations in other, more limited circumstances, such as rescue operations involving US or coalition personnel or the use of special operations forces to take military action against ISIL leadership. Would also authorize the use of US forces in situations where ground combat operations are not expected or intended, such as intelligence collection and sharing, missions to enable kinetic strikes, or the provision of operational planning and other forms of advice and assistance to partner forces. (Source: Letter from the President to Congress)
Background on Congressional Authorization and the Constitution
The Constitution separates the power to declare war (Legislative Branch) from the power to conduct war (Executive Branch). In other words, Congress decides whether to fight, and the President, as Commander-in-Chief, manages the fight authorized by Congress. In the last century, Congress has authorized major military actions, including World War I and II, the Gulf War, the response to the 9/11 attacks, and the Iraq War. The 2001 authorization for the use of military force is the longest continuously used Congressional use of force authorization.
According to the President, his newly proposed AUMF does not address the 2001 AUMF, but he is “committed to working with the Congress and the American people to refine, and ultimately repeal, the 2001 AUMF.” In his letter to Congress, he states that “enacting an AUMF that is specific to the threat posed by ISIL could serve as a model for how we can work together to tailor the authorities granted by the 2001 AUMF.”
Related Bills in Congress
Here are some related proposals introduced in Congress:
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Sunset of the 2001 Authorization for Use of Military Force Act (S 526)
Would sunset the 2001 Authorization for Use of Military Force after three years. Would “set out a three-year timeline that would allow Congress and the next President to review what is being accomplished, have appropriate consultations, and decide on a forward course of action,” according to the bill sponsors. (Bill text)
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Comprehensive Solution to ISIL Resolution (HJRes 30)
“Requires the President to submit to Congress a “comprehensive diplomatic, political, economic and regionally-led strategy to degrade and dismantle” ISIL within 90 days of enactment, according to the sponsor. “Advances a comprehensive strategy that is regionally-led and incorporates critical political, economic and diplomatic components and “re-establishes Congress’s Constitutionally-mandate role in war making.” (Bill text)
From our Hill Sources: The sponsor, Congresswoman Barbara Lee (D-CA), was the only Member of the House who voted against the AUMF in 2001.
Unmanned Aircraft Systems (UAS), or Drones
The Federal Aviation Administration (FAA) released a set of draft regulations for the legalization of commercial drone flight. The aircraft must weigh less than 55 pounds, not fly over 500 feet in latitude or faster than 100 miles per hour. And, “at all times the small unmanned aircraft must remain close enough to the operator for the operator to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses.” In addition, operators would be required to pass an initial aeronautical knowledge test be vetted by the Transportation Security Administration. (See the summary of proposed regulations)
The proposed rule also includes extensive discussion of the possibility of an additional, more flexible framework for “micro” UAS under 4.4 pounds.
Related Bills in Congress
There have been several bills introduced in Congress related to unmanned aircraft or drones – for civilian and government use:
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Designating Requirements On Notification of Executive-ordered Strikes Act (DRONES Act) (HR 137)
“Will limit preplanned lethal operations deliberately targeting citizens of the United States,” according to the bill sponsor. “Currently, the President can delegate decisions about targeting citizens for lethal strikes. The DRONES Act prohibits this delegation in order to ensure the President is accountable and requires him to personally confirm a citizen’s status as an enemy combatant and the necessity of lethal force. To further ensure that accountability and adequate oversight, it also requires the President, after the attack, to notify Congress of such operations with a detailed explanation of how enemy combatant status was determined and why lethal force was necessary.” (Bill text)
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Safe Skies for Unmanned Aircraft Act (HR 819 and S 387)
“Opens the door for public-private partnerships to support UAS research, allowing universities to accept research funding from the private sector, and saving American taxpayers money. Requires the FAA to remove bureaucratic hurdles to research operations for safe beyond ‘line of sight’ flying, an important research tool for medium- and long-distance applications,” according to the bill sponsors. (Bill text)
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Responsible Skies Act (HR 798)
To prohibit the flying of unmanned recreational aircraft near commercial airports. (Bill text)
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HR 466
To prohibit the Central Intelligence Agency from using an unmanned aerial vehicle to carry out a weapons strike or other deliberately lethal action and to transfer the authority to conduct such strikes or lethal action to the Department of Defense. (Bill text)
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Unmanned Aircraft System Improvement Act (S 159)
A bill to improve the operation of the Department of Homeland Security (DHS) Unmanned Aircraft System Program. “Would prohibit the procurement of new UAS, require DHS to conduct continuous, 100 percent surveillance of the Southern border and coordinate with the Department of Defense to ensure the program is utilizing “best management practices” to improve national security and require DHS to submit a detailed report to Congress regarding the program’s effectiveness, according to the bill’s sponsors. (Bill text)
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