[Congressional Record Volume 147, Number 120 (Friday, September 14, 2001)]
[House]
[Pages H5681-H5683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





               Motion to Recommit Offered by Mr. Tierney

  Mr. TIERNEY. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER. Is the gentleman opposed to the joint resolution?
  Mr. TIERNEY. I am, in its current form, Mr. Speaker.
  The SPEAKER. The Clerk will report the motion to recommit.
  The Clerk read as follows:

       Mr. Tierney moves to recommit the joint resolution H.J. 
     Res. 64 to the Committee on International Relations with 
     instructions to report the same back to the House forthwith 
     with the following amendment:

       Add at the end the following new section:

     SEC. 3. REPORTS TO CONGRESS; CONSULTATION.

       (a) Reports.--At least once every 60 days after the date of 
     the enactment of this resolution, the President shall submit 
     to Congress a summary on the status of efforts made to carry 
     out this resolution.
       (b) Sense of Congress.--It is the sense of Congress that, 
     in addition to complying with subsection (a), the President 
     should comply with all other reporting and consultation 
     requirements under applicable provisions of law, including 
     sections 3 and 4 of the War Powers Resolution.
  The SPEAKER. The gentleman from Massachusetts (Mr. Tierney) is 
recognized for 5 minutes.
  Mr. TIERNEY. Mr. Speaker, I join all of our colleagues and all 
Americans in our sorrow for Tuesday's victims and in our outrage for 
the despicable acts of cowardice which have so changed our lives. 
Tonight, we show our unity; and by so doing we serve notice that we, as 
a Nation, are resolved to hold accountable those responsible for 
Tuesday's terrorism.
  As we go forward, I do not think this Congress wants to purposely 
abdicate its constitutional obligations and responsibilities. It seems 
unlikely that this Congress would knowingly deny itself the information 
that may well be necessary in the future in order to intelligently 
carry out its work with the President in meeting their shared 
responsibilities in the area of national security. Yet if we pass the 
resolution tonight, without first adding the language of this motion to 
recommit, I am concerned that that is precisely what might occur.
  As written, the joint resolution refers to the War Powers Resolution 
but

[[Page H5682]]

could arguably be read not to require more than periodic reports to 
Congress, if any reports at all. Even the periodic reports could mean 
at least 6-month intervals could pass without adequate knowledge by 
which Congress could carry out its responsibilities.
  Moreover, Mr. Speaker, successive executives have historically 
challenged the constitutionality of the War Powers Resolution. By 
passing this motion to recommit, we can cure that ambiguity and clarify 
the record.
  In 1991, then President George H. W. Bush asked Congress to authorize 
his use of force, and he signed a joint resolution that included a 
requirement that the President submit to Congress at least once every 
60 days a summary on the status of his efforts.

                              {time}  2245

  There is no reason why this Congress should ask for less as we join 
with this President, and no reason why in the spirit of unity, and 
consistent with the Constitution and the precedent set by his own 
father, that this President would not sign a resolution containing 
similar language.
  So I move now to recommit the joint resolution to the Committee on 
International Relations with instructions to report the same back to 
the House forthwith in its amended form.
  This is a straightforward and a simple amendment, Mr. Speaker. It 
will not delay our action here tonight. It continues to unite us in 
support of the President's existing authority to act to prevent future 
acts of terrorism and to locate and deal appropriately with those 
responsible for the tragic events of September 11. But it does clarify 
that the President report the status of his efforts to carry out this 
resolution. It does express our sense that as parties with a shared 
constitutional responsibility, the President comply with the statutory 
authority by consulting regularly with Congress and reporting every 60 
days.
  Whenever there exists a national emergency created by attack upon the 
United States, the Constitution empowers the President, as Commander in 
Chief, to introduce United States Armed Forces into hostilities or into 
situations where imminent involvement in hostilities is clearly 
indicated by the circumstances.
  This joint resolution reaffirms that power.
  Congress and the American people want the President to be able to act 
to prevent future acts of terrorism; and so it is no surprise that the 
Constitution allows for such authority and no surprise that Congress 
acts to restate it tonight.
  We should remember that national security is a shared responsibility, 
Mr. Speaker, requiring joint efforts and mutual respect by Congress and 
the President. Congress is a co-equal branch of government, 
specifically empowered by the Constitution, with the power to declare 
war and to make all laws which will be necessary and proper for the 
carrying into execution of that power.
  So while we specifically have not declared war tonight, we do make a 
law by which the President may engage United States Armed Forces in 
action against others.
  The responsibilities of Congress, I believe, Mr. Speaker, obligate us 
to remain informed and to have consultation with the President 
concerning any action under this resolution. Our continued ability to 
act in concert as co-equal branches of government demands no less, and 
our obligation to American citizens everywhere demands at least that 
much.
  We want to act in unison and we need the President's cooperation to 
do that. As a matter of mutual respect and as a sign of unity, as well 
an act of constitutional statutory compliance, Mr. Speaker, I ask that 
we all vote to recommit and have it come back forthwith as amended.
  Mr. HYDE. Mr. Speaker, I rise in opposition to the motion of the 
gentleman from Massachusetts to recommit the pending joint resolution.
  The SPEAKER. The gentleman from Illinois is recognized for 5 minutes.
  Mr. HYDE. Mr. Speaker, if adopted, the motion would seek to reimpose 
on the President the restrictions of the War Powers Resolution with 
regard to consultation with Congress and will impose new reporting 
requirements that go well beyond those contained in the War Powers 
Resolution.
  This is illogical because the whole point of the joint resolution we 
are considering this evening is to clear away legal underbrush that 
might otherwise interfere with the ability of our President to respond 
to the treacherous attack on our Nation that took place 3 days ago. 
Most importantly, we are stripping away the restrictions of the War 
Powers Resolution.
  It hardly makes sense to reimpose and, in one case, tighten the 
restrictions of the War Powers Resolution, if our larger purpose is to 
make it easier for the President to respond to terrorism.
  In any other case, I might understand and sympathize with the 
interest of the gentleman in keeping the President on a short leash as 
he goes about exercising the authority we give him tonight. But this is 
not any other case. This is a situation in which our Nation has been 
attacked by a sinister enemy, and thousands of our fellow citizens have 
been killed.
  I, for one, do not want to restrain our President as he goes about 
responding to this heinous attack. Many have compared the attack on 
Tuesday on our Nation to Pearl Harbor. After Pearl Harbor Congress 
declared war on Japan. We did not declare war subject to the 
requirement that President Roosevelt consult with Congress before 
sending our Armed Forces into action and periodically submit reports to 
Congress on how he was dealing with Japan.
  More Americans died on Tuesday than died at Pearl Harbor. Congress 
should not restrain the response of President Bush to this act of 
aggression any more than President Roosevelt was restrained in his 
conduct of World War II.
  I urge my colleagues to defeat the motion to recommit.
  Mr. Speaker, I rise in opposition to the gentleman's motion to 
recommit the pending joint resolution.
  If adopted, the motion would seek to reimpose on the President the 
restrictions of the War Powers Resolution with regard to consultation 
with Congress, and will impose new reporting requirements that go well 
beyond those contained in the War Powers Resolution. This is illogical, 
because the whole point of the joint resolution we are considering this 
evening is to clear away legal underbrush that might otherwise 
interfere with the ability of our President to respond to the 
treacherous attack on our nation that took place three days ago. Most 
importantly, we are stripping away the restrictions of the War Powers 
Resolution. It hardly makes sense to reimpose--and in one case 
tighten--the restrictions of the War Powers Resolution if our larger 
objective is to make it easier for the President to respond to 
terrorism.
  In any other case I might understand and sympathize with the 
gentleman's interest in keeping the President on a short leash as he 
goes about exercising the authority we give him tonight. But this is 
not any other case; this is a situation in which our nation has been 
attacked by a sinister enemy and thousands of our fellow citizens have 
been killed.
  I for one do not want to restrain our President as he goes about 
responding to this heinous attack.
  Many have compared Tuesday's attack on our nation to Pearl Harbor, 
After Pearl Harbor, Congress declared war on Japan. We did not declare 
war subject to the requirement that President Roosevelt consult with 
Congress before sending our armed forces into action, and periodically 
submit reports to Congress on how he was dealing with Japan.
  More Americans died on Tuesday than died at Pearl Harbor. Congress 
should not restrain President Bush's response to this act of aggression 
any more than President Roosevelt was restrained in his conduct of 
World War II.
  I urge my colleagues to defeat the motion to recommit.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER. Without objection, the previous question is ordered on 
the motion to recommit.
  There was no objection.
  The SPEAKER. The question is on the motion to recommit.
  The motion to recommit was rejected.
  The SPEAKER. The question is on the passage of the joint resolution.
  The question was taken; and the Speaker announced that the ayes 
appeared to have it.
  Mr. HYDE. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER. Evidently a quorum is not present.

[[Page H5683]]

  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 420, 
nays 1, not voting 10, as follows:

                             [Roll No. 342]

                               YEAS--420

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Barcia
     Barr
     Barrett
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Collins
     Combest
     Condit
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Fattah
     Ferguson
     Filner
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kerns
     Kildee
     Kind (WI)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Largent
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanders
     Sandlin
     Sawyer
     Schaffer
     Schakowsky
     Schiff
     Schrock
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Waters
     Watkins (OK)
     Watson (CA)
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--1

     Lee
       
       

                             NOT VOTING--10

     Ballenger
     Conyers
     Farr
     Kilpatrick
     King (NY)
     Lipinski
     Petri
     Sanchez
     Saxton
     Wilson

                              {time}  2317

  So the joint resolution was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. PETRI. Mr. Speaker, on rollcall No. 342 I was unavoidably 
detained. Had I been present, I would have voted ``yea.''
  The SPEAKER. Pursuant to the order of the House of earlier today, 
Senate Joint Resolution 23 is passed.
  Without objection, a motion to reconsider Senate Joint Resolution 23 
is laid on the table, and House Joint Resolution 64 is laid on the 
table.
  There was no objection.

                          ____________________