[Congressional Record Volume 167, Number 112 (Monday, June 28, 2021)]
[House]
[Pages H3174-H3176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ
RESOLUTION
Mr. MEEKS. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3261) to repeal the Authorization for the Use of Military Force
Against Iraq Resolution.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3261
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE
AGAINST IRAQ RESOLUTION.
The Authorization for Use of Military Force Against Iraq
Resolution (Public Law 102-1; 50 U.S.C. 1541 note) is hereby
repealed.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Meeks) and the gentleman from Texas (Mr. McCaul) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. MEEKS. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 3261.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 3261, to repeal the
Authorization for Use of Military Force Against Iraq Resolution,
authored by Representative Spanberger.
Less than two weeks ago, this body voted for a bill to repeal the
2002 AUMF, nearly two decades after it was originally passed. By not
repealing an AUMF and allowing it to remain long after it has served
its purpose, we open the door for future administrations of either
party to abuse that authority and stretch the authorization far beyond
its original purpose.
{time} 1530
By failing to remove outdated authorities, Congress cedes its Article
I authority to the executive branch. This is contrary to the design of
our Constitution, Mr. Speaker, which gives Congress the power to make
decisions on matters of war and peace.
Today, we debate a bill that would repeal an Authorization for Use of
Military Force older than the 2002 AUMF. H.R. 3261 repeals the 1991
AUMF that authorized the use of the United States Armed Forces pursuant
to the United Nations Security Council resolution, which was issued in
the wake of Saddam Hussein's invasion of Kuwait. Yet, the 1991 AUMF
remains in statute, in the United States Code, even though our military
liberated Kuwait and completed its limited mission there three decades
ago.
By voting this legislation out of the House, we continue to
demonstrate our commitment to reclaiming our authority over war powers.
One of the hardest decisions any of us can make as Members of Congress
is whether to send the brave men and women of our armed services into
conflict. While it is a difficult decision, it does not relinquish us
of that responsibility.
I thank the gentlewoman from Virginia (Ms. Spanberger) for authoring
this important legislation.
I urge my colleagues to support this legislation, and I reserve the
balance of my time.
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me first say I support this bill to repeal the 1991
Authorization for Use of Military Force for the first Gulf war. That
law provided authority to use our military to enforce specific United
Nations resolutions opposing Iraq's 1990 invasion of Kuwait.
With the success of Operation Desert Storm, the Iraqi troops were
expelled from Kuwait, and combat operations concluded in early 1991,
more than 30 years ago.
The specific point of this law was accomplished. Therefore, there is
no reason to leave it on the books.
It is, in that sense, very different from the 2002 Iraq AUMF we voted
on before. That authority has been used consistently since its
enactment to address terrorist threats in and emanating from Iraq and
was most recently used--not that authority--but we saw a strike from
the President against Shia militia proxies in Iraq and Syria. Those
threats continue to this day. Unfortunately, not all can be targeted
using the 2001 AUMF.
Real war powers reform means consulting with our military commanders
and intelligence experts. It means updating Article I authorities so
the President can use them to address the deadly terrorists who
threaten Americans today.
It does not mean repealing old AUMFs without replacing them, although
for this one, we don't need to. It does not mean telling the President
just to rely on Article II powers when there is no consensus about
their reach.
This law, which is tied to U.N. resolutions about the 1990 invasion
of Kuwait, legally cannot be used to launch new military engagements in
the 21st century.
I support this repeal. I thank Ms. Spanberger for bringing this. This
is an example of how we can work together to clean up these old AUMFs
and hopefully move forward with an updated AUMF.
Mr. Speaker, I reserve the balance of my time.
Mr. MEEKS. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Virginia (Ms. Spanberger), a valued member of the House Foreign Affairs
Committee.
Ms. SPANBERGER. Mr. Speaker, I rise today in support of repealing the
1991 Authorization for Use of Military Force.
Today, we have another opportunity to demonstrate that Congress is
serious about reclaiming congressional war powers and serious about
representing the servicemembers and veterans who have served our
country. Too often, they have served under authorities that were signed
into law decades previously.
[[Page H3175]]
While the Constitution is clear that only Congress can declare war,
we have steadily surrendered this responsibility to the executive
branch. Building off the House's vote earlier this month to repeal the
2002 AUMF, we are considering today two additional bipartisan bills
that repeal other outdated and inactive AUMFs.
First, we are considering my legislation to repeal the 1991 AUMF
against Iraq. This AUMF was Congress' authorization for the first Gulf
war of 1991 in response to Saddam Hussein's invasion of Kuwait 30 years
ago. The short military conflict that took place under this authority
has been over for three decades, and we must remove this old, inactive
authority from the books. Repealing this AUMF would help ensure that it
is not misused or stretched by any American President going forward.
I thank the broad range of Members and advocates who have supported
this legislation and helped bring us to where we are today.
Representatives Gallagher, Golden, and Meijer have been critical
partners in this effort to repeal inactive, outdated AUMFs. We come
from different political persuasions and different areas of the
country, but we share backgrounds in national security, a commitment to
serving our constituents, and a focus on our constitutional
responsibilities.
House Foreign Affairs Committee Chair Meeks and Ranking Member McCaul
are also original cosponsors of our bill to repeal the 1991 AUMF. They
have been instrumental in moving this legislation forward quickly,
including a unanimous vote out of the House Foreign Affairs Committee
earlier this year.
I applaud Chairman Meeks for his leadership of the committee and for
sending a clear message that Congress must assert its war powers. Even
as a Democratic chairman with a Democrat in the White House, Chairman
Meeks is making clear that this is not about a particular President. It
is about fulfilling our obligation as Members of Congress.
Intelligence Committee Chair Schiff, Armed Services Committee Chair
Smith, State and Foreign Operations Chair Lee, Rules Chair McGovern,
and Rules Ranking Member Cole are also original cosponsors of this
bill. And I truly appreciate the many other cosponsors who have been on
board with this legislation, many of whom have served our Nation in
national security roles prior to coming to Congress.
I also want to thank Congresswoman Barbara Lee for her leadership on
AUMF issues and congratulate her on the House voting with strong
bipartisan support to repeal the 2002 AUMF earlier this month.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. MEEKS. Mr. Speaker, I yield the gentlewoman an additional 1
minute.
Ms. SPANBERGER. Notably, my bill to repeal the 1991 AUMF is also
supported by a broad range of foreign policy and veterans-focused
organizations.
The American Legion, the United States' largest veterans service
organization, has emphasized the importance of Congress reasserting its
constitutional authority over war powers. In addition, I thank the many
other organizations that have been supportive of this effort for their
endorsement of our legislation.
For years, Americans have been calling on their Representatives in
Congress to exercise our responsibility to make decisions on war and
peace. We cannot simply allow AUMFs to accumulate without congressional
action.
We have more work ahead of us as we reassert congressional war powers
and reform, repeal, and, in some cases, update AUMFs. But, today, we
can take an important step by passing my widely supported legislation
to repeal a 30-year Authorization for Use of Military Force.
Mr. Speaker, I urge my colleagues to join me in voting ``yes'' on the
repeal of the 1991 Gulf war Authorization for Use of Military Force.
Mr. McCAUL. Mr. Speaker, I am prepared to close, and I yield myself
such time as I may consume.
Let me just say, I want to thank the gentlewoman from Virginia (Ms.
Spanberger) for bringing this repeal. It is a real step forward. I also
want to thank her for her service in the intelligence community over
the years, protecting this Nation from the threats that we face. I also
want to thank the chairman for really exercising great leadership on
this issue.
I don't know the fate of the 2002 AUMF in the Senate, but I can tell
you this one, it should sail. It is a very historic moment because it
could be the first time in my memory that the Congress has finally
reasserted its Article I authority and cleaned up very outdated, old
AUMFs.
I see this as a very positive day, working together as Republicans
and Democrats on reasserting our congressional authorities, reasserting
the fact that, under the Constitution, it is the Congress that has the
power to declare war, not the President of the United States.
This committee addresses nothing more grave than issues of war and
peace. I think this is, again, a very historic opportunity.
I know, yesterday, the President did attack Shia proxies in Iraq and
Syria. I hope I can work with the chairman on updating the 2002 and
2001 AUMFs so we can repeal the 2001 and update it to what are the
modern threats that we face. After all, they are over 28 years old.
Many serving may not have even been born at the time those were passed
by Congress.
It is refreshing to see this kind of leadership from the chairman
coming out of this committee. I applaud him, commend him. I commend the
gentlewoman from Virginia for bringing this measure forward. I look
forward to it being passed by the Senate and cleaning up, as we say,
the housekeeping on the books. I also look forward to exercising our
authorities moving forward.
Mr. Speaker, I yield back the balance of my time.
Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume for
the purpose of closing.
Mr. Speaker, I thank Mr. McCaul for working together in regard to
this 1991 AUMF reform that was put forth by Ms. Spanberger. I want to
tell the gentleman that, of course, we will work together, as I
indicated at the last debate that we had on the floor to repeal and
replace the 2001 AUMF so that we can deal with those items that make
sure that we are secure and are modernizing and updating what we need
to do to make sure that we are updated and strong moving forward,
utilizing what the Constitution has given us, the Article I authority
in war powers. I think that is absolutely key and essential.
It is difficult for all of us who sit here as Members of Congress,
but it is our duty and our responsibility that we can't dodge. I think
we understand that in a bipartisan way, that we are going to take up
the responsibilities that we have.
Passing the repeal of the 2002 AUMF was the beginning of our work of
reclaiming our authority over matters of war and peace, and today's
repeal of the 1991 AUMF continues that effort.
Again, Representative Spanberger's bill before this Chamber today
will remove an outdated AUMF and lessen the risk that the executive can
circumvent Congress in utilizing military force.
I thank Representative Spanberger for authoring this bill, as well as
the support of so many here in Congress on both sides of the aisle for
defending Congress' Article I authority. We are doing this
collectively, our responsibility that we are not dodging and not giving
to the executive branch.
Mr. Speaker, I urge my colleagues to support this legislation, and I
yield back the balance of my time.
Mr. CICILLINE. Mr. Speaker, nearly two decades ago, Congress passed a
resolution authorizing military force against the Iraqi regime of
Saddam Hussein. That resolution--aided in its passage by deeply flawed
intelligence that we now know had no basis in fact authorized the use
of force for two express purposes: to defend the national security of
the United States against the continued threat posed by Iraq and to
enforce all relevant UN Security Council resolutions regarding Iraq. It
has been 18 years since Saddam Hussein was deposed. It has been a
decade since the United States declared a formal end of operations in
Iraq. The Iraqi government is a regional partner and the UN Security
Council resolutions referenced have been fulfilled.
In short, there is no virtue in allowing the 2002 AUMF to lay dormant
but active. The only possible outcome is for a future administration to
wield it as a legal loophole to bypass the need to confer with Congress
before engaging in military operations. Each of us here
[[Page H3176]]
understands that the nature of modern warfare has changed--it is
murkier, dirtier, and involves a variety of state- and non-state
actors.
But that fact should not compel Congress to forfeit its
constitutional responsibility to directly authorize the use of force.
It should not preclude any administration from receiving direct
authorization from the Congress to engage in global conflicts.
Earlier this year, the House Foreign Affairs Committee had a
productive hearing where each of the three expert witnesses testified
that this AUMF is not necessary. It does not enhance our national
security. It does not make Americans any safer. It does not make the
mission of our men and women in uniform any easier. To repeal this
resolution would not tie the hands of the current administration or any
future administration in their responsibility to preserve the national
security of the United States--it would instead ensure that it could
not be manipulated to take us into a war that Congress did not
authorize.
If we fail to act, we run the risk of opportunistic legal
interpretations leading to a slippery slope until our country finds
itself on a permanent war footing. Congress did not authorize that in
2002. We shouldn't tacitly authorize it by failing to act. Let's do our
jobs--we owe it to the American people and to our men and women in
uniform.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Meeks) that the House suspend the rules
and pass the bill, H.R. 3261.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. DAVIDSON. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________