[Congressional Record Volume 159, Number 107 (Wednesday, July 24, 2013)]
[House]
[Pages H5032-H5033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           REPEAL THE AUTHORIZATION FOR USE OF MILITARY FORCE

  (Ms. LEE of California asked and was given permission to address the 
House for 1 minute and to revise and extend her remarks.)
  Ms. LEE of California. Mr. Speaker, first, let me just commend 
Congressman Schiff and the 185 Members who voted today to restrict the 
authorization for the use of military force.
  Today's vote is a very important step in our effort to repeal this 
overly broad blank check to wage war anywhere, at any time, and for any 
length, which of course I could not vote for September 14, 2001.
  I have a bipartisan bill which would repeal the authorization to use 
military force, and doing so would provide Congress an opportunity 
finally, a long overdue opportunity, to have a meaningful debate about 
our constitutional role in declaring war.
  Last week, I released a public report from the Congressional Research 
Service citing 30 instances where this resolution has been invoked. 
Most Americans, and of course my colleagues in Congress, would be 
surprised to know that these activities include deploying groups in 
Ethiopia, Djibouti, Georgia, Yemen, Kenya, the Philippines, Somalia--I 
could go on and on. It also includes justifying detentions at 
Guantanamo Bay and warrantless surveillance activities.
  Finally, let me just say it is time to repeal this authorization and 
rein in the overly broad and deeply troubling NSA domestic spying 
program.
  I urge all Members to join our continuing efforts and cosponsor my 
bill, H.R. 198, to repeal the AUMF.


                               Congressional Research Service,

                                    Washington, DC, July 10, 2013.


                               MEMORANDUM

     To: Honorable Barbara Lee.
     From: Matthew Weed, Analyst in Foreign Policy Legislation.
     Subject: The 2001 Authorization for Use of Military Force: 
         Background in Brief.

       This memorandum responds to your request for information on 
     presidential utilization of the Authorization for Use of 
     Military Force (AUMF; P.L. 107-40; 50 U.S.C. 1541 note), 
     enacted in response to the September 11, 2001 terrorist 
     attacks on the United States, to justify and undertake 
     military and other action. It contains very brief discussions 
     of the relevant provisions of the AUMF, and the use of U.S. 
     armed forces and other actions initiated under AUMF 
     authority. Material in this memorandum may be used in other 
     Congressional Research Service (CRS) products.

                    2001 AUMF Use of Force Provision

       Section 2(a) of the AUMF authorizes the use of force in 
     response to the September 11 attacks:
       Resolved by the Senate and House of Representatives of the 
     United States ofAmerica in Congress assembled

                               * * * * *

     SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

       (a) In General.--That the President is authorized to use 
     all necessary and appropriate force against those nations, 
     organizations, or persons he determines planned, authorized, 
     committed, or aided the terrorist attacks that occurred on 
     September 11, 2001, or harbored such organizations or 
     persons, in order to prevent any future acts of international 
     terrorism against the United States by such nations, 
     organizations or persons.


                                Analysis

       Scope: The authorizing language is broad in its scope 
     concerning the prevention of any future acts of terrorism 
     that might be perpetrated against the United States, but is 
     circumscribed by authorizing the targeting only of those 
     nations, organizations, or persons determined to be involved 
     in perpetrating the September 11 attacks or harboring those 
     who perpetrated the attacks.
       War Against Non-State Actors: The AUMF is considered 
     groundbreaking as it (1) empowered the President to target 
     non-state actors, even to the individual level, as well as 
     states, and (2) did not specify which states and non-state 
     actors were included under the authorization.
       Current Debate: After nearly 12 years in force, executive 
     branch reliance on the AUMF has raised a number of concerns 
     for a number of commentators and Members of Congress. These 
     concerns relate to Congress's constitutional role in 
     exercising its war power, as well as several types of 
     executive branch activities to counter terrorism that are 
     perceived as problematic. In contrast, Obama Administration 
     officials have testified that the legal framework for the 
     current conflict against Al Qaeda and associated forces, 
     which includes the AUMF, remains valid and effective in 
     meeting the U.S. military's requirements for conducting 
     counterterrorism operations.

                   Actions Taken Under AUMF Authority

       CRS has located 30 occurrences of a publicly disclosed 
     presidential reliance on the AUMF to take or continue 
     military or related action (including non-military action 
     like detentions and military trials).\1\ Of the 30 
     occurrences, 18 were made during the Bush Administration, and 
     12 have been made during the Obama Administration.
       Pursuant to the AUMF, President George W. Bush notified 
     Congress that he was deploying U.S. armed forces to 
     Afghanistan in 2001 to oust the Taliban from power and 
     eliminate al Qaeda training sites and safe harbors in the 
     country. In addition, Presidents Bush and Obama have invoked 
     the AUMF to use U.S. armed forces or engage in other actions 
     to: counter the terrorist threat against the United States 
     following 9/11; deploy and direct such forces, or report on 
     ongoing use of such forces in: Afghanistan; the Philippines; 
     Georgia; Yemen; Djibouti; Kenya; Ethiopia; Eritrea; Iraq; and 
     Somalia.
       Engage terrorist groups ``around the world''.
       Engage terrorist groups ``on the high seas''.
       Detain individuals at Guantanamo Bay, Cuba, and to take 
     other actions related to detainment decisions; and Conduct 
     trials of terrorist suspects in military commissions.

       \1\ See Appendix for information on each notification. 
     Based on notifications from the President concerning 
     deployments of U.S. armed forces in the Federal Register and 
     Compilation of Presidential Documents. It is possible that 
     actions have been taken under the AUMF without being 
     disclosed in these publications, and may have been disclosed 
     to Congress through other means.

                                Appendix

       Table 1, below, provides dates and subject matter of each 
     of the presidential notifications located by CRS that 
     reference the AUMF as authority for the deployment or use of 
     U.S. armed forces or other activities. In many cases, the 
     notifications indicate the continuation of a given deployment 
     or activity.

      TABLE I--LIST OF PRESIDENTIAL NOTIFICATIONS REFERENCING AUMF
------------------------------------------------------------------------
                                            Relevant country, geographic
                   Date                       area, targeted group, or
                                                   type of action
------------------------------------------------------------------------
9/24/2001.................................  Afghanistan; the Taliban.
10/9/2001.................................  al Qaeda; other terrorist
                                             organizations.
11/13/2001................................  Military detention and trial
                                             of terrorist suspects.
9/20/2002.................................  Afghanistan; Philippines;
                                             Georgia; Yemen; Guantanamo
                                             Bay.
3/20/2003.................................  Yemen; Djibouti; Guantanamo
                                             Bay.
9/19/2003.................................  Afghanistan; Philippines;
                                             Georgia; Yemen; Guantanamo
                                             Bay.
3/20/2004.................................  Afghanistan; Guantanamo Bay;
                                             Georgia; Djibouti; Yemen;
                                             Kenya; Ethiopia; Eritrea;
                                             high seas.
11/4/2004.................................  Afghanistan; Guantanamo Bay;
                                             Iraq; Yemen; Ethiopia;
                                             Kenya; Eritrea; Djibouti;
                                             high seas.
5/20/2005.................................  Afghanistan; Guantanamo Bay;
                                             Iraq; Djibouti; Yemen;
                                             Kenya; Ethiopia; Eritrea;
                                             high seas.
12/7/2005.................................  Afghanistan; Guantanamo Bay;
                                             Iraq; Djibouti; Yemen;
                                             Kenya; Ethiopia; high seas.
6/15/2006.................................  Afghanistan; Guantanamo Bay;
                                             Iraq; Djibouti; Yemen; high
                                             seas.
12/15/2006................................  Afghanistan; Guantanamo Bay;
                                             Iraq; Djibouti; Yemen; high
                                             seas.
2/14/2007.................................  Executive Order 13425:
                                             includes Military
                                             Commissions.
6/15/2007.................................  Afghanistan; Guantanamo Bay;
                                             Iraq; Horn of Africa;
                                             Somalia; high seas.
7/20/2007.................................  Executive Order 13440:
                                             includes detention and
                                             interrogation of terrorist
                                             suspects.
12/14/2007................................  Afghanistan; Guantanamo Bay;
                                             Iraq; global
                                             counterterrorism; Horn of
                                             Africa; high seas.
6/13/2008.................................  Afghanistan; Guantanamo Bay;
                                             Iraq; global
                                             counterterrorism; Horn of
                                             Africa; high seas.
12/16/2008................................  Afghanistan; Guantanamo Bay;
                                             Iraq; global
                                             counterterrorism; Horn of
                                             Africa; high seas.
6/15/2009.................................  Afghanistan; Guantanamo Bay;
                                             Iraq; global
                                             counterterrorism; Horn of
                                             Africa; high seas.
12/15/2009................................  Presidential Memorandum
                                             includes Guantanamo Bay
                                             issues.
12/16/2009................................  Afghanistan; Guantanamo Bay;
                                             Iraq; global
                                             counterterrorism; Horn of
                                             Africa; high seas.
6/15/2010.................................  Afghanistan; Guantanamo Bay;
                                             Djibouti; Horn of Africa;
                                             global counterterrorism;
                                             high seas.
12/15/2010................................  Afghanistan; Guantanamo Bay;
                                             global counterterrorism;
                                             high seas.
3/7/2011..................................  Executive Order 13567:
                                             includes detention at
                                             Guantanamo Bay.
6/15/2011.................................  Afghanistan; Guantanamo Bay:
                                             global counterterrorism;
                                             high seas.
12/15/2011................................  Afghanistan; Guantanamo Bay;
                                             global counterterrorism;
                                             high seas.
2/28/2012.................................  Military detention of
                                             terrorist suspects.
6/15/2012.................................  Afghanistan; Guantanamo Bay;
                                             global counterterrorism
                                             Somalia; Yemen; high seas.
 12/14/2012...............................  Afghanistan; Guantanamo Bay;
                                             global counterterrorism;
                                             Somalia: Yemen; high seas.
6/14/2013.................................   Afghanistan; Somalia;
                                             Yemen; Guantanamo Bay; high
                                             seas.
------------------------------------------------------------------------
Sources: Federal Register; Compilation of Presidential Documents.


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