[Congressional Record Volume 159, Number 86 (Monday, June 17, 2013)]
[Extensions of Remarks]
[Pages E883-E884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2014

                                 ______
                                 

                               speech of

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                        Thursday, June 13, 2013

       The House in Committee of the Whole House on the state of 
     the Union had under consideration the bill (H.R. 1960) to 
     authorize appropriations for fiscal year 2014 for military 
     activities of the Department of Defense and for military 
     construction, to prescribe military personnel strengths for 
     such fiscal year, and for other purposes:
  Mr. CONYERS. Madam Chair, I rise to discuss my amendment, number 104, 
to H.R. 1960, the ``National Defense Authorization Act for Fiscal Year 
2014.'' I would like to thank Chairman McKeon and Ranking Member Smith 
for accepting this amendment in en bloc amendment number five.
  This technical amendment would improve Section 1036 of the underlying 
bill, which requires the President to provide information to Congress 
as to which organizations it believes are affiliates or adherents of 
Al-Qaeda, the reasoning justifying such designation, and whether each 
group constitutes an associated force that is engaged in hostilities 
against the United States or its coalition partners. My amendment 
addresses the latter part of this assessment dealing with so-called 
``associated forces'' affiliated with Al-Qaeda or the Taliban.
  The 2001 Authorization for the Use of Military Force passed shortly 
after the 9/11 attacks has been interpreted by the last two 
Administrations as authorizing war between the United States and Al-
Qaeda, the Taliban, and co-belligerent ``associated forces.'' Although 
we clearly know who Al-Qaeda or the Taliban are, it is unclear which 
organizations the Executive Branch is referring to when referencing 
``associated forces.'' This absence of transparency as to the 
government's application of this legal concept allows for the 
possibility that the United States could rely on the AUMF as a broad, 
nearly limitless source of authority for military operations, including 
drone strikes, against groups that have little to no connection to the 
September 11 attacks in places like Mali, Somalia, or even Syria.
  It is my understanding that Section 1036 of the bill attempts to 
address this ambiguity by attempting to discern the Administration's 
thinking about which groups it considers engaged in hostilities against 
our country. Unfortunately, it is unclear if Section 1036 is asking for 
information about ``associated forces'' for the purposes of 
interpreting the 2001 AUMF or simply seeking information about groups 
that affiliate with Al-Qaeda or the Taliban in a different context. 
This distinction is critically important, because the United States is 
only technically at war with ``associated forces'' covered by the 2001 
AUMF and not with groups that have some other affiliation with Al-Qaeda 
or the Taliban.
  My amendment eliminates this ambiguity by explicitly requiring the 
President to provide information about organizations it considers to be 
``associated forces'' for the purposes of interpreting this war 
authorization. In doing so, it should help the Congress understand the 
scope of this outdated law, which has been interpreted by the Executive 
Branch and the courts in an overbroad manner, and ensure that it is not 
being used to justify uses of force unauthorized by and inconsistent 
with Congress, the Constitution, and international law.
  Again, I thank my colleagues for supporting my amendment.

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