[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     repealed.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  By failing to remove outdated authorities, Congress cedes its Article 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.

                          ____________________