[House Report 117-56]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-56
======================================================================
TO REPEAL THE AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ
RESOLUTION OF 2002
_______
June 8, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Meeks, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 256]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 256) to repeal the Authorization for Use of Military
Force Against Iraq Resolution of 2002, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Designation of Hearings Used to Develop or Consider the Bill..... 4
Committee Consideration.......................................... 4
Committee Oversight Findings..................................... 5
New Budget Authority, Tax Expenditures, and Congressional Budget
Office Estimates............................................... 5
Non-Duplication of Federal Programs.............................. 6
Performance Goals and Objectives................................. 7
Congressional Accountability Act................................. 7
New Advisory Committees.......................................... 7
Earmark Identification........................................... 7
Section-by-Section Analysis...................................... 7
Dissenting Views................................................. 12
Changes in Existing Law Made by the Bill, as Reported............ 7
Purpose and Summary
The legislation H.R. 256--To repeal the Authorization for
Use of Military Force Against Iraq Resolution of 2002--would
terminate the nearly two-decade old Congressional authorization
for using military force in Iraq.
Background and Need for Legislation
During a mere two-week period in October 2002, Congress
authorized the use of military force against Iraq. H.J. Res.
114 was introduced by the Speaker of the House on October 2,
2002. Five days later on October 7, 2002, the House Foreign
Affairs Committee reported the amended bill out of Committee.
On October 10th, 2002, the legislation passed the House in a
296-133 vote. The Senate took up the legislation the next day
and voted 77-23 to authorize the use of military force. The
legislation was signed by the President on October 16, 2002.
On March 20, 2003, the Iraq War commenced when the United
States launched a shock and awe bombing campaign. By April 9,
2003, Baghdad had fallen and Saddam Hussein's tenure as the
leader of Iraq had ended. Hussein was captured and executed in
2006. A formal end to U.S. military operations and the United
States-Iraqi status-of-forces agreement both expired in 2011.
Nonetheless, the 2002 Authorization for the Use of Military
Force Against Iraq continued to be used as a legal authority.
In 2014, the President cited the 2002 AUMF as an alternative
statutory authority for the United States' campaign against the
Islamic State. More recently, the Executive Branch proclaimed
that the 2002 AUMF was a legal authority for the killing of
Iran Quds force leader Qassem Soleimani. The Executive Branch's
expansive reading of the 2002 authorization to justify the
Soleimani strike shows the danger of leaving the 2002 AUMF on
the books. Soleimani rose to prominence fighting Hussein's
forces in the Iran-Iraq War of the 1980s, yet somehow an
authorization to attack Hussein's Iraq was used to justify a
strike against Iran's Soleimani eighteen years later.
There are no valid reasons to leave the 2002 AUMF as good
law. The 2001 Authorization for the Use of Military Force
provides the President the authority for some operations
against terrorist groups, and under Article II of the
Constitution of the United States the President has the right
to undertake operations to defend America and its citizens.
This legislation is supported by Concerned Veterans for
America, Common Defense, Friends Committee on National
Legislation, Human Rights First, FreedomWorks, National Council
of Churches, Open Society, Public Citizen, R Street Institute,
the ACLU, VoteVets, and Win Without War.
The Constitution explicitly leaves the power to declare war
to Congress, but expansive interpretations of outdated
authorizations have caused the legislative branch to
functionally forfeit this constitutionally derived
responsibility. By repealing the 2002 AUMF, Congress will take
a step towards reclaiming its proper constitutional authority
over the use of military force.
Hearings
On March 23, 2021, the Full Committee held a hearing
entitled ``Reclaiming Congressional War Powers.'' The hearing
witnesses were Ms. Oona A. Hathaway, Professor of Law at Yale
Law School, and former Special Counsel to the General Counsel
at the U.S. Department of Defense; Mr. Bob Bauer, Professor of
Practice and Distinguished Scholar in Residence at the New York
University School of Law, and former White House Counsel; and
The Honorable Jack Goldsmith, Learned Hand Professor at Harvard
Law School, and former Assistant Attorney General, Office of
Legal Counsel at the U.S. Department of Justice.
On March 10, 2021, the Full Committee held a hearing
entitled ``Secretary Blinken: The Biden Administration's
Priorities for U.S. Foreign Policy.'' The hearing witness was
The Honorable Antony Blinken, Secretary, U.S. Department of
State.
On February 24, 2021, the Full Committee held a hearing
entitled ``America Forward: Restoring Diplomacy and Development
in a Fracturing World.'' The hearing witnesses were Dr. Anne-
Marie Slaughter, former Director of Policy Planning at the
Department of State; The Honorable Gayle Smith, former
Administrator of the U.S. Agency for International Development;
The Honorable Ruben Brigety, former U.S. Ambassador to the
African Union; and The Honorable Ryan Crocker, former U.S.
Ambassador to Afghanistan, Iraq, Pakistan, Syria, Kuwait, and
Lebanon.
Additionally, hearings were held in the prior Congress that
informed the development of H.R. 256 in this Congress.
On June 16, 2020, the Subcommittee on the Middle East,
North Africa, and International Terrorism held a hearing
entitled ``Objectives of U.S. Arms Sales to the Gulf: Examining
Strategic Goals, Risks and Benefits.'' Witnesses included Dr.
Andrew Exum, Partner at Hakluyt & Company, and Former Deputy
Assistant Secretary, Middle East Policy, at the U.S. Department
of Defense; Lt. Col. (Ret.) Dr. Jodi Vittori, Nonresident
Scholar, Democracy, Conflict, and Governance Program, Carnegie
Endowment for International Peace, U.S. Research and Policy
Manager, Defense and Security Program, and Transparency
International; and Mr. Bradley Bowman, Senior Director at
Center on Military and Political Power and Foundation for
Defense of Democracies.
On December 10, 2019, the Subcommittee on the Middle East,
North Africa, and International Terrorism held a hearing
entitled ``The Way Forward in Iraq.'' The hearing witness was
Mr. Joey Hood, Principal Deputy Assistant Secretary, Bureau of
Near Eastern Affairs at the U.S. Department of State.
On May 8, 2019, the Subcommittee on the Middle East, North
Africa, and International Terrorism held a hearing entitled
``Opportunities and Challenges in U.S. Relations with the Gulf
States.'' The hearing witness was Mr. Timothy A. Lenderking,
Deputy Assistant Secretary for Arabian Gulf Affairs, Bureau of
Near Eastern Affairs at the U.S. Department of State.
On April 3, 2019, the Subcommittee on the Middle East,
North Africa, and International Terrorism held a hearing
entitled ``Assessing U.S. Policy Priorities in the Middle
East.'' Witnesses included Ms. Elisa Catalano Ewers, Adjunct
Senior Fellow, Middle East Security Program at the Center for a
New American Security; Mr. Dan Benaim Senior Fellow at the
Center for American Progress; and Ms. Danielle Pletka Senior
Vice President, Foreign and Defense Policy Studies at American
Enterprise Institute.
Designation of Hearings Used To Develop or Consider H.R. 256
Pursuant to Clause 3 of Rule XIII of the Rules of the House
of Representatives, the following Committee or Subcommittee
hearings were used to develop or consider H.R. 256.
On March 23, 2021, the Full Committee held a hearing
entitled ``Reclaiming Congressional War Powers.'' The hearing
witnesses were Ms. Oona A. Hathaway, Professor of Law at Yale
Law School, and former Special Counsel to the General Counsel
at the U.S. Department of Defense; Mr. Bob Bauer, Professor of
Practice and Distinguished Scholar in Residence at the New York
University School of Law, and former White House Counsel; and
The Honorable Jack Goldsmith, Learned Hand Professor at Harvard
Law School, and former Assistant Attorney General, Office of
Legal Counsel at the U.S. Department of Justice.
Additionally, hearings were held in the prior Congress that
informed the development of H.R. 256 in this Congress.
On December 10, 2019, the Subcommittee on the Middle East,
North Africa, and International Terrorism held a hearing
entitled ``The Way Forward in Iraq.'' The hearing witness was
Mr. Joey Hood, Principal Deputy Assistant Secretary, Bureau of
Near Eastern Affairs at the U.S. Department of State.
Committee Consideration
On March 25, 2021, the Committee marked up H.R. 256, To
repeal the Authorization for Use of Military Force Against Iraq
Resolution of 2002, pursuant to notice in open session.
The Chair called up the measure and amendments previously
provided to Members, to be considered:
H.R. 256 To repeal the Authorization for Use of Military
Force Against Iraq Resolution of 2002 (Rep. Barbara Lee).
The following amendments were considered separately:
Perry Amendment No. 52: An amendment to delay
repeal of the Authorization for Use of Military Force (AUMF)
Against Iraq Resolution of 2002 until Congress passes an AUMF
against terrorist groups and repeals the 2001 AUMF.
Record Vote Description: Perry Amendment No. 52 to
H.R. 256, amends H.R. 256 to include a delay to the
repeal of the Authorization for Use of Military Force
(AUMF) Against Iraq Resolution of 2002 until Congress
passes an AUMF against terrorist groups and repeals the
2001 AUMF.
Not Adopted 27-19.
Members Voting Yes (27): Gregory W. Meeks, D-NY,
Chair; Brad Sherman, D-CA; Albio Sires, D-NJ; Gerald E.
Connolly, D-VA; Theodore E. Deutch, D-FL; William R.
Keating, D-MA; David N. Cicilline, D-RI; Ami Bera, D-
CA; Joaquin Castro, D-TX; Dina Titus, D-NV; Ted Lieu,
D-CA; Susan Wild, D-PA; Dean Phillips, D-MN; Colin
Allred, D-TX; Andy Levin, D-MI; Abigail Spanberger, D-
VA; Chrissy Houlahan, D-PA; Tom Malinowski, D-NJ; Andy
Kim, D-NJ; Sara Jacobs, D-CA; Kathy Manning, D-NC; Jim
Costa, D-CA; Juan Vargas, D-CA; Vicente Gonzalez, D-TX;
Brad Schneider, D-IL; Ken Buck, R-CO; Peter Meijer, R-
MI.
Members Voting No (19): Michael T. McCaul, R-TX;
Chris Smith, R-NJ; Steve Chabot, R-OH; Joe Wilson, R-
SC; Scott Perry, R-PA; Darrell Issa, R-CA; Adam
Kinzinger, R-IL; Lee Zeldin, R-NY; Ann Wagner, R-MO;
Brian Mast, R-FL; Brian Fitzpatrick, R-PA; Tim
Burchett, R-TN; Mark Green, R-TN; Andy Barr, R-KY; Dan
Meuser, R-PA; August Pfluger, R-TX; Nicole Malliotakis,
R-NY; Ronny Jackson, R-TX; Young Kim, R-CA.
Issa Amendment No. 18: Grants the President the
authority to delay the repeal of the Authorization for Use of
Military Force Against Iraq Resolution.
Not adopted by Voice Vote.
The Committee then proceeded to vote on the underlying
measure. H.R. 256 was ordered to be reported by the Yays and
Nays: 28-19.
Record Vote Description: H.R. 256, to repeal the
authorization for use of military force against Iraq resolution
of 2002.
Adopted 28-19.
Members Voting Yes (28): Gregory W. Meeks, D-NY,
Chair; Brad Sherman, D-CA; Albio Sires, D-NJ; Gerald E.
Connolly, D-VA; Theodore E. Deutch, D-FL; Karen Bass,
D-CA; William R. Keating, D-MA; David N. Cicilline, D-
RI; Ami Bera, D-CA; Joaquin Castro, D-TX; Dina Titus,
D-NV; Ted Lieu, D-CA; Susan Wild, D-PA; Dean Phillips,
D-MN; Colin Allred, D-TX; Andy Levin, D-MI; Abigail
Spanberger, D-VA; Chrissy Houlahan, D-PA; Tom
Malinowski, D-NJ; Andy Kim, D-NJ; Sara Jacobs, D-CA;
Kathy Manning, D-NC; Jim Costa, D-CA; Juan Vargas, D-
CA; Vicente Gonzalez, D-TX; Brad Schneider, D-IL; Ken
Buck, R-CO; Peter Meijer, R-MI.
Members Voting No. (19): Michael T. McCaul, R-TX;
Chris Smith, R-NJ; Steve Chabot, R-OH; Joe Wilson, R-
SC; Scott Perry, R-PA; Darrell Issa, R-CA; Adam
Kinzinger, R-IL; Lee Zeldin, R-NY; Ann Wagner, R-MO;
Brian Mast, R-FL; Brian Fitzpatrick, R-PA; Tim
Burchett, R-TN; Mark Green, R-TN; Andy Barr, R-KY; Dan
Meuser, R-PA; August Pfluger, R-TX; Nicole Malliotakis,
R-NY; Ronny Jackson, R-TX; Young Kim, R-CA.
Committee Oversight Findings
In compliance with Clause 3(c)(1) of rule XIII of the rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under Clause 2(b)(1) of rule X of the
House of Representatives are incorporated in the descriptive
portions of this report, particularly in the ``Background and
Need for Legislation'' section.
New Budget Authority, Tax Expenditures, and Congressional Budget Office
Estimates
In compliance with clause 3(c)(2) of House rule XIII and
the Unfunded Mandates Reform Act (P.L. 104-4), the committee
adopts as its own the estimate of new budget authority,
entitlement authority, tax expenditure or revenues, and Federal
mandates contained in the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 256 would repeal Public Law 107-243, which authorized
the President to use the armed forces to defend the United
States against the threat posed by Iraq and to enforce all
relevant United Nations Security Council resolutions regarding
Iraq.
The Administration has not cited the legal authorities of
P.L. 107-243 as the basis for recent military operations in
Iraq. Rather, the Department of Defense has asserted that
operations to protect U.S. armed forces in combat theaters are
justified under Article II of the Constitution. Additionally,
the department has stated that Article 51 of the United Nations
Charter provides the right of self-defense to member nations
involved in ongoing military operations. On the basis of such
information, CBO estimates that repealing the authorizing
legislation would not affect spending to support current
military operations in Iraq; thus enacting the bill would not
affect the federal budget.
The CBO staff contact for this estimate is Aldo Prosperi.
The estimate was reviewed by Leo Lex, Deputy Director of Budget
Analysis.
Non-Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, the
committee states that no provision of this bill establishes or
reauthorizes a program of the Federal Government known to be
duplicative of another Federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
Performance Goals and Objectives
As explained with greater specificity in the ``Purpose and
Summary'' and ``Section-by-Section Analysis'' sections of this
report, the general goal of H.R. 256 is to repeal the
Authorization for Use of Military Force Against Iraq Resolution
of 2002.
Congressional Accountability Act
H.R. 256 does not apply to terms and conditions of
employment or to access to public services or accommodations
within the legislative branch.
New Advisory Committees
H.R. 256 does not establish or authorize any new advisory
committees.
Earmark Identification
H.R. 256 contains no congressional earmarks, limited tax
benefits, or limited tariff benefits as described in clauses
9(e), 9(f), and 9(g) of House rule XXI.
Section-by-Section Analysis
Section 1: Repeals the Authorization for Use of Military
Force Against Iraq Resolution of 2002.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002
[Whereas in 1990 in response to Iraq's war of aggression
against and illegal occupation of Kuwait, the United States
forged a coalition of nations to liberate Kuwait and its
people in order to defend the national security of the
United States and enforce United Nations Security Council
resolutions relating to Iraq;
[Whereas after the liberation of Kuwait in 1991, Iraq entered
into a United Nations sponsored cease-fire agreement
pursuant to which Iraq unequivocally agreed, among other
things, to eliminate its nuclear, biological, and chemical
weapons programs and the means to deliver and develop them,
and to end its support for international terrorism;
[Whereas the efforts of international weapons inspectors,
United States intelligence agencies, and Iraqi defectors
led to the discovery that Iraq had large stockpiles of
chemical weapons and a large scale biological weapons
program, and that Iraq had an advanced nuclear weapons
development program that was much closer to producing a
nuclear weapon than intelligence reporting had previously
indicated;
[Whereas Iraq, in direct and flagrant violation of the cease-
fire, attempted to thwart the efforts of weapons inspectors
to identify and destroy Iraq's weapons of mass destruction
stockpiles and development capabilities, which finally
resulted in the withdrawal of inspectors from Iraq on
October 31, 1998;
[Whereas in Public Law 105-235 (August 14, 1998), Congress
concluded that Iraq's continuing weapons of mass
destruction programs threatened vital United States
interests and international peace and security, declared
Iraq to be in ``material and unacceptable breach of its
international obligations'' and urged the President ``to
take appropriate action, in accordance with the
Constitution and relevant laws of the United States, to
bring Iraq into compliance with its international
obligations'';
[Whereas Iraq both poses a continuing threat to the national
security of the United States and international peace and
security in the Persian Gulf region and remains in material
and unacceptable breach of its international obligations
by, among other things, continuing to possess and develop a
significant chemical and biological weapons capability,
actively seeking a nuclear weapons capability, and
supporting and harboring terrorist organizations;
[Whereas Iraq persists in violating resolution of the United
Nations Security Council by continuing to engage in brutal
repression of its civilian population thereby threatening
international peace and security in the region, by refusing
to release, repatriate, or account for non-Iraqi citizens
wrongfully detained by Iraq, including an American
serviceman, and by failing to return property wrongfully
seized by Iraq from Kuwait;
[Whereas the current Iraqi regime has demonstrated its
capability and willingness to use weapons of mass
destruction against other nations and its own people;
[Whereas the current Iraqi regime has demonstrated its
continuing hostility toward, and willingness to attack, the
United States, including by attempting in 1993 to
assassinate former President Bush and by firing on many
thousands of occasions on United States and Coalition Armed
Forces engaged in enforcing the resolutions of the United
Nations Security Council;
[Whereas members of al Qaida, an organization bearing
responsibility for attacks on the United States, its
citizens, and interests, including the attacks that
occurred on September 11, 2001, are known to be in Iraq;
[Whereas Iraq continues to aid and harbor other international
terrorist organizations, including organizations that
threaten the lives and safety of United States citizens;
[Whereas the attacks on the United States of September 11,
2001, underscored the gravity of the threat posed by the
acquisition of weapons of mass destruction by international
terrorist organizations;
[Whereas Iraq's demonstrated capability and willingness to use
weapons of mass destruction, the risk that the current
Iraqi regime will either employ those weapons to launch a
surprise attack against the United States or its Armed
Forces or provide them to international terrorists who
would do so, and the extreme magnitude of harm that would
result to the United States and its citizens from such an
attack, combine to justify action by the United States to
defend itself;
[Whereas United Nations Security Council Resolution 678 (1990)
authorizes the use of all necessary means to enforce United
Nations Security Council Resolution 660 (1990) and
subsequent relevant resolutions and to compel Iraq to cease
certain activities that threaten international peace and
security, including the development of weapons of mass
destruction and refusal or obstruction of United Nations
weapons inspections in violation of United Nations Security
Council Resolution 687 (1991), repression of its civilian
population in violation of United Nations Security Council
Resolution 688 (1991), and threatening its neighbors or
United Nations operations in Iraq in violation of United
Nations Security Council Resolution 949 (1994);
[Whereas in the Authorization for Use of Military Force Against
Iraq Resolution (Public Law 102-1), Congress has authorized
the President ``to use United States Armed Forces pursuant
to United Nations Security Council Resolution 678 (1990) in
order to achieve implementation of Security Council
Resolution 660, 661, 662, 664, 665, 666, 667, 669, 670,
674, and 677'';
[Whereas in December 1991, Congress expressed its sense that it
``supports the use of all necessary means to achieve the
goals of United Nations Security Council Resolution 687 as
being consistent with the Authorization of Use of Military
Force Against Iraq Resolution (Public Law 102-1),'' that
Iraq's repression of its civilian population violates
United Nations Security Council Resolution 688 and
``constitutes a continuing threat to the peace, security,
and stability of the Persian Gulf region,'' and that
Congress, ``supports the use of all necessary means to
achieve the goals of United Nations Security Council
Resolution 688'';
[Whereas the Iraq Liberation Act of 1998 (Public Law 105-338)
expressed the sense of Congress that it should be the
policy of the United States to support efforts to remove
from power the current Iraqi regime and promote the
emergence of a democratic government to replace that
regime;
[Whereas on September 12, 2002, President Bush committed the
United States to ``work with the United Nations Security
Council to meet our common challenge'' posed by Iraq and to
``work for the necessary resolutions,'' while also making
clear that ``the Security Council resolutions will be
enforced, and the just demands of peace and security will
be met, or action will be unavoidable'';
[Whereas the United States is determined to prosecute the war
on terrorism and Iraq's ongoing support for international
terrorist groups combined with its development of weapons
of mass destruction in direct violation of its obligations
under the 1991 cease-fire and other United Nations Security
Council resolutions make clear that it is in the national
security interests of the United States and in furtherance
of the war on terrorism that all relevant United Nations
Security Council resolutions be enforced, including through
the use of force if necessary;
[Whereas Congress has taken steps to pursue vigorously the war
on terrorism through the provision of authorities and
funding requested by the President to take the necessary
actions against international terrorists and terrorist
organizations, including those nations, organizations, or
persons who planned, authorized, committed, or aided the
terrorist attacks that occurred on September 11, 2001, or
harbored such persons or organizations;
[Whereas the President and Congress are determined to continue
to take all appropriate actions against international
terrorists and terrorist organizations, including those
nations, organizations, or persons who planned, authorized,
committed, or aided the terrorist attacks that occurred on
September 11, 2001, or harbored such persons or
organizations;
[Whereas the President has authority under the Constitution to
take action in order to deter and prevent acts of
international terrorism against the United States, as
Congress recognized in the joint resolution on
Authorization for Use of Military Force (Public Law 107-
40); and
[Whereas it is in the national security interests of the United
States to restore international peace and security to the
Persian Gulf region: Now, therefore, be it
[SECTION 1. SHORT TITLE.
[This joint resolution may be cited as the ``Authorization
for Use of Military Force Against Iraq Resolution of 2002''.]
[SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.
[The Congress of the United States supports the efforts by
the President to--
[(1) strictly enforce through the United Nations
Security Council all relevant Security Council
resolutions regarding Iraq and encourages him in those
efforts; and
[(2) obtain prompt and decisive action by the
Security Council to ensure that Iraq abandons its
strategy of delay, evasion and noncompliance and
promptly and strictly complies with all relevant
Security Council resolutions regarding Iraq.
[SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
[(a) Authorization.--The President is authorized to use the
Armed Forces of the United States as he determines to be
necessary and appropriate in order to--
[(1) defend the national security of the United
States against the continuing threat posed by Iraq; and
[(2) enforce all relevant United Nations Security
Council resolutions regarding Iraq.
[(b) Presidential Determination.--In connection with the
exercise of the authority granted in subsection (a) to use
force the President shall, prior to such exercise or as soon
thereafter as may be feasible, but no later than 48 hours after
exercising such authority, make available to the Speaker of the
House of Representatives and the President pro tempore of the
Senate his determination that--
[(1) reliance by the United States on further
diplomatic or other peaceful means alone either (A)
will not adequately protect the national security of
the United States against the continuing threat posed
by Iraq or (B) is not likely to lead to enforcement of
all relevant United Nations Security Council
resolutions regarding Iraq; and
[(2) acting pursuant to this joint resolution is
consistent with the United States and other countries
continuing to take the necessary actions against
international terrorist and terrorist organizations,
including those nations, organizations, or persons who
planned, authorized, committed or aided the terrorist
attacks that occurred on September 11, 2001.
[(c) War Powers Resolution Requirements.--
[(1) Specific statutory authorization.--Consistent
with section 8(a)(1) of the War Powers Resolution, the
Congress declares that this section is intended to
constitute specific statutory authorization within the
meaning of section 5(b) of the War Powers Resolution.
[(2) Applicability of other requirements.--Nothing in
this joint resolution supersedes any requirement of the
War Powers Resolution.
[SEC. 4. REPORTS TO CONGRESS.
[(a) Reports.--The President shall, at least once every 60
days, submit to the Congress a report on matters relevant to
this joint resolution, including actions taken pursuant to the
exercise of authority granted in section 3 and the status of
planning for efforts that are expected to be required after
such actions are completed, including those actions described
in section 7 of the Iraq Liberation Act of 1998 (Public Law
105-338).
[(b) Single Consolidated Report.--To the extent that the
submission of any report described in subsection (a) coincides
with the submission of any other report on matters relevant to
this joint resolution otherwise required to be submitted to
Congress pursuant to the reporting requirements of the War
Powers Resolution (Public Law 93-148), all such reports may be
submitted as a single consolidated report to the Congress.
[(c) Rule of Construction.--To the extent that the
information required by section 3 of the Authorization for Use
of Military Force Against Iraq Resolution (Public Law 102-1) is
included in the report required by this section, such report
shall be considered as meeting the requirements of section 3 of
such resolution.]
DISSENTING VIEWS
I appreciated the excellent first discussion the Committee
held on March 23, 2021, to begin exploring serious war powers
reform. Congress needs to be more active in exercising and
overseeing the use of our authorities under Article I of the
Constitution.
But I strongly opposed rushing this stand-alone statutory
repeal through the committee of jurisdiction for the first time
ever, just two days after starting this conversation, without
the due diligence that it clearly requires.
Doing this the right way involves consulting the
Departments of State and Defense, the White House, the
Intelligence Community, the Government of Iraq, and our
coalition partners and allies regarding the proposed repeal of
Public Law 107-243. The Committee has not done any of those
things.
I understand the desire to repeal the aging 2002 Iraq AUMF
as well as the 2001 post-9/11 AUMF (Public Law 107-40).
But that must be done as part of enacting a comprehensive
replacement to provide clear, updated authorities against the
terrorists who still plot to kill Americans at home and abroad.
As I know from my years as Chairman of the Committee on
Homeland Security and my tenure on this Committee: That threat
is not gone; it has evolved.
At several points, the text of the 2002 AUMF clearly
addresses international terrorist threats arising in Iraq.
While people can disagree about whether that authority should
still be used, it has been used for that purpose by every prior
administration since 9/11, both Republican and Democrat. In
fact, the Obama and Trump administrations used identical
language to describe the scope of 2002 law:
``Although the threat posed by Saddam Hussein's
regime in Iraq was the primary focus of the 2002 AUMF,
the statute, in accordance with its express goals, has
always been understood to authorize the use of force
for the related dual purposes of helping to establish a
stable, democratic Iraq and of addressing terrorist
threats emanating from Iraq. After Saddam Hussein's
regime fell in 2003, the United States continued to
take military action in Iraq under the 2002 AUMF to
further these purposes. . . . Congress ratified this
understanding of the 2002 AUMF by appropriating
[billions of dollars to support such operations].''\1\
---------------------------------------------------------------------------
\1\Report on the Legal and Policy Frameworks Guiding the United
States' Use of Military Force and Related National Security Operations
(The White House, December 2016) at 50; 2019 Update to the Report on
the Legal and Policy Frameworks Guiding the United States' Use of
Military Force and Related National Security Operations, submitted
pursuant to Section 1264 of the National Defense Authorization Act for
Fiscal Year 2018 (P.L. 115-91) at 3.
There are terrorist groups active today inside Iraq who
threaten our diplomats, our soldiers, and our partners, who
can't be targeted under the 2001 AUMF because they are not
associated forces of al Qaeda, the Taliban, or ISIS.
A rushed, stand-alone repeal of our 2002 Iraq force
authority, which could be used against such threats, sends a
message of U.S. disengagement that could destabilize Iraq,
embolden Iran, and strengthen al Qaeda and ISIS.
As the current migrant crisis on our southern border
illustrates, messaging from our leaders matters. Bad messaging
causes real world problems that can cost lives.
In the AUMF context, this danger would be eliminated by
taking up repeal and replacement together.
Real AUMF reform requires Congress and the Administration
to work together on actual text to replace the aging 2001 and
2002 AUMFs, to provide the authorities needed to keep the
American people and our deployed troops safe from terrorists. I
look forward to working on real AUMF reform with all
stakeholders, and especially the members of this Committee.
I support serious war powers reform, but this bill is not
it.
Michael T. McCaul,
Ranking Member.
[all]