[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\
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    \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]