[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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