Madam Chair, I rise in strong opposition to this unfortunate and dangerous amendment which is a propaganda win for the Iranian regime and the Houthi allies. It takes legitimate options off the table; shows America divided in the face of…
Madam Chair, I rise in strong opposition to this unfortunate and dangerous amendment which is a propaganda win for the Iranian regime and the Houthi allies. It takes legitimate options off the table; shows America divided in the face of mounting Iranian threats; and makes our Nation less safe.
We all agree that, under Article I of the Constitution, only Congress possesses the authority to declare war. The administration's measured response to Iran's shooting down of our U.S. military asset in international airspace shows that the President is not looking for war with Iran.
But this amendment goes much farther in prohibiting unauthorized war with the number one state sponsor of terror. It uses the power of the purse to preclude any use of force whatsoever against Iran unless it is previously authorized by Congress or provoked by an attack on the United States or our Armed Forces.
Think about what that means. What can our military do if Iran attacks American civilians or our regional allies like Israel and Jordan or strategic international shipping through the Straits of Hormuz?
Under this reckless amendment, the answer is: Absolutely nothing. The U.S. military cannot fire a single shot until after the successful completion of a bicameral legislation process that enacts a law authorizing the use of force. All of us here today know how long that could take.
This will tie our military's hands at a perilous time. We need Iran and its terrorist proxies to think twice before they attack Americans, our friends, or our interests.
This amendment is an unprecedented attempt to micromanage the powers claimed by every Commander in Chief, Democrat and Republican, since the War Powers Resolution was enacted over President Nixon's veto in 1973. In fact, the effect of this misguided amendment is far more restrictive than the War Powers Resolution itself.
This is absolutely not the time to play politics with our national security. Iran's saber rattling and provocation is not going to go away anytime soon.
I would like to quote from a July 8 letter from Acting Under Secretary of Defense for Policy. He says:
The Department strongly opposes this amendment. If U.S.
citizens, diplomatic facilities in the region, or other
national interests are threatened or attacked, we must be
able to respond promptly and in an appropriate fashion.
And he says:
At a time when Iran is engaging in escalating military
provocations demonstrated most recently by the shooting down
of the U.S. unmanned aerial vehicle, it is attacking allied
shipping.
They shot a missile at our U.S. Embassy in Iraq. This amendment could only embolden Iran to further provocations.
Bottom line, this amendment will give comfort to our enemy who has the blood of Americans on their hands--from the Marine barracks bombing to the Iraq war--and who continues to hold American hostages to this day. This is a pro-Iran, pro-Houthi amendment.
I was in the White House when the President made his decision and exercised restraint to not escalate this war, but this, I believe, is an ill-proposed amendment.
Madam Chair, no one respects the Constitution more than I do. We have Article I authorities.
There is a reason why the Founding Fathers put Article I first, because that is the American people over the imperial presidency.
Why are we debating such an important issue, matters of war and peace, which is what my committee argues day in and day out on the Foreign Affairs Committee--well, first of all, it is part of the NDAA. But why are we arguing this at 9:15 at night, in the darkness of night and not the sunlight of day?
This is a dangerous amendment. It is a preemptive use of the AUMF.
We have not engaged in hostile forces, combat forces in Iran. We have not engaged in hostilities. That is when the War Powers Resolution kicks in, notification to the Congress, and then Congress debates the Authorization for Use of Military Force.
I have been in this body for eight terms. That is how the process works. You don't handcuff the President, the Commander in Chief. You don't handcuff him in advance of any preparation for dealing with state-sponsored terror.
This is just wrong.
Madam Chair, I claim the time in opposition to the amendment.
Madam Chair, I oppose this amendment to repeal the 2002 law that authorizes the use of military force ``to defend the national security of the United States against the continued threat posed by Iraq.''
First of all, the repeal of any AUMF does not belong in this NDAA bill. The Committee on Foreign Affairs has longstanding sole jurisdiction over declarations of war and intervention abroad. Any significant change to war-making authorities needs to be the result of deliberations and votes by the committee of jurisdiction.
There is no issue more deserving of regular order than issues related to war and peace.
Although none of us want to see the extension of any conflict beyond what is necessary, we have also learned that premature disengagement can have huge costs, such as when the prior administration's rush to withdraw U.S. troops contributed to the deadly rise of ISIS in Iraq and Syria.
While the Saddam Hussein regime was a key focus, it was not the sole focus of the 2002 AUMF. It expressly identified al-Qaida and ``other international terrorist organizations, including organizations that threaten the lives and safety of the United States citizens.''
Members will recall that al-Qaida in Iraq later became ISIS, a brutal transnational terrorist organization that continues to threaten American lives and interests. President Obama cited the 2002 AUMF as legal authority for his military operations against ISIS.
The current administration has stated its opposition to the repeal of the 2002 AUMF because:
It remains an important source of additional authority for
military operations against ISIS in Iraq and to defend the
national security interests of the United States against
threats emanating from Iraq.
For those reasons, we shouldn't be repealing key counterterrorism AUMFs unless and until we have replaced them with updated authorities that clearly confront the enemies that continue to threaten our Nation, our people, and our allies. To date, we have seen no such proposal from the majority.
So for those reasons, I urge my colleagues to join me in prioritizing American security by opposing this amendment.
Madam Chair, I yield back the balance of my time.
Madam Chair, I demand a recorded vote.
Madam Chair, I rise in opposition to the amendment.
Madam Chair, I rise in strong opposition to this amendment. It simply lists complaints about the 2001 authorization for the use of military force while avoiding the serious work of proposing an improved replacement.
Most Members, including me, would say they would be fine with an updated AUMF that better describes current threats. Unfortunately, there is no consensus at all about what that should look like. The fact that the majority has not put forward a single proposal in the 6 months they have been in charge indicates to me that they have deep disagreements.
The author of this amendment has also inserted an outright repeal of the 2001 AUMF into this year's Defense appropriations bill, which would make all counterterrorism operations globally illegal. That is reckless because AUMF provides the necessary legal authority to confront ongoing deadly threats against our homeland. It would also be simply irresponsible and dangerous to repeal it until an adequate replacement has passed both Chambers and been sent to the President's desk.
The gentlewoman from California, with all respect, has held a principled, consistent position on this issue, and I do respect that. I just disagree with it.
But it is incorrect to assert, as this amendment does, that the 2001 AUMF is a blank check for any President to wage war at any time and at any place. The AUMF has been interpreted as covering al-Qaida, the Taliban, and ``associated forces.'' And while that interpretation is sometimes broad, it can't be stretched to cover just anything. For example, it does not capture North Korea or countless other potential adversaries and, arguably, Iran, as well.
The amendment also complains that the 2001 AUMF did not include things like geographic limitations or a named enemy. But it is hard to see how it could have done so while also meeting the grave transnational terrorist threats it was intended to defeat. Because these enemies aren't nation-states marching uniformed troops to face us on the fields of battle, authorizing force to fight them is much more complicated.
The amendment also wrongly implies that the will of Congress has been thwarted by how long and how broadly the AUMF has been used. But Congress has been kept aware of how it is being used, and has always had the same power to legislate, amend, or repeal, as it had back in 2001. The fact is--and this goes on both sides of the aisle--it has not done so. That indicates a decision that, under both Democrat and Republican majorities and administrations, the 2001 AUMF is working.
For my years as Homeland Security chairman, I know that our operations overseas, and the sacrifices of our service men and women, have saved American lives and helped to protect the homeland from countless thwarted attacks.
Unfortunately, the threat does continue. As the Director of National Intelligence has testified, al-Qaida and ISIS maintain transnational networks actively committed to our destruction. Don't get me wrong: I would like to see an updated AUMF as well. That comes out of the Committee on Foreign Affairs. We should deliberate an updated AUMF on our committee. But this amendment contributes nothing towards that outcome.
Until we have new authorities in place to combat the real and dynamic threats to American lives and safety, we need to focus on responsibly using the authorities we have, not just complaining about their imperfections.
If the other side is serious about a fix, then let's work together on a fix and provide a serious replacement to begin this process on a very serious issue of counterterrorism and war and peace.
Madam Chair, I yield back the balance of my time.
Madam Chair, I demand a recorded vote.