Repeal of Authorization for Use of Military Force Against Iraq Resolution

Floor Speech

Date: June 28, 2021
Location: Washington, DC

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.

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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.

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