Sec. 1358. Sense of Congress regarding the inclusion of sunset provisions in authorizations for use of military force
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Congress makes the following findings: Article 1, Section 8, of the Constitution provides Congress with the sole authority to declare war . Legal experts who have served in both Democratic and Republic administrations recommend the inclusion of a sunset clause or reauthorization requirement in authorizations for use of military force to ensure that Congress fulfills its constitutional duty to debate and vote on whether to send United States servicemembers into war. Sunset provisions have been included in 29 percent of prior authorizations for use of military force and declarations of war.
It is the sense of Congress that— the inclusion of a sunset provision or reauthorization requirement in authorizations for use of military force is critical to ensuring Congress’s exercise of its constitutional duty to declare war; and any joint resolution enacted to authorize the introduction of United States forces into hostilities or into situations where there is a serious risk of hostilities should include a sunset provision setting forth a date certain for the termination of the authorization for the use of such forces absent the enactment of a subsequent specific statutory authorization for such use of the United States forces.