[Congressional Record Volume 163, Number 147 (Tuesday, September 12, 2017)]
[Senate]
[Pages S5198-S5210]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018--MOTION TO
PROCEED--Continued
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. PAUL. Mr. President, I rise today to oppose unauthorized,
undeclared, and unconstitutional war. What we have today is basically
unlimited war, anywhere, anytime, anyplace upon the globe.
My amendment would sunset in 6 months the 2001 and 2002
authorizations for use of force. What does that mean? This was
legislation passed many years ago to go after the people who attacked
us on 9/11. I supported that battle, but I think the mission is long
since over. I don't think anyone with an ounce of intellectual honesty
believes these authorizations from 16 years ago and 14 years ago--I
don't think anyone with intellectual honesty believes they authorized
war in seven different countries.
Not only is it lives we are losing, the American soldiers, the brave
young men and women who are sent to distant lands and asked to give
their lives for their country without the Senate taking the time to
authorize the war--I think that is terribly unjust and should end.
There are some who argue that we don't even need to vote at all. Some
of the Presidents, Republican and Democratic, have said they have
article II--this is the second article of the Constitution--they say
that by the Constitution, they can do what they want, when they want,
where they want, and that Congress never has to approve their
authorization and never has to give authority to go to war. These
advocates of perpetual war argue that these powers are implicit and
that no one can stop a President who wants to go to war.
This is diametrically opposite of what our Founding Fathers thought.
Madison in particular disagreed. Madison wrote that the executive
branch is the branch most prone to go to war; therefore, the
Constitution, with studied care, vested that power in the Congress. Our
Founding Fathers saw the
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history of Europe as the perpetual history of war--brothers fighting
brothers, Kings of two different countries who were cousins, brothers,
uncles, fathers, sons. The history of Europe was perpetual war.
When we broke away, we said: We are going to have some checks and
balances in place. We are going to make it difficult to go to war. We
are going to vest that power in the Congress.
But somewhere along the way, we lost our way, and we now commit
ourselves to war or one man or one woman commits us to war without any
vote by Congress. This is not what our Founding Fathers intended.
Former President Obama, when he was a candidate, wrote that no
President should unilaterally go to war unless we were under imminent
attack. That is the understanding of the Constitution that most
originalists take. Yet, once Mr. Obama was in the White House, he
bombed seven different countries. He expanded the use of Executive
power. He expanded the war-making power of the Presidency, even while
all along saying that he was for a narrower interpretation.
Candidate Trump said that the war in Afghanistan had lost its
purpose, that it was a disaster, and that it should end. He said that
on maybe 15 different occasions. Yet, now that he is in the White
House, the generals have said: We must fight on. We must continue to
fight. If we leave, the Taliban will take over.
My question is, When will the Afghans stand up and fight? We have
spent $1 trillion helping them. We spent billions of dollars trying to
convince them not to grow the poppy that becomes the opium that addicts
the world. Yet last year Afghanistan had the biggest crop of poppy they
have ever had in recent history. The people who run Afghanistan, whom
we put in to govern, the Karzai family--full of drug dealers, crooks,
and thieves. You wonder why they are not popular in their own country.
But my question is, Where did the $1 trillion go? Why can't they defend
themselves? Why do we have to fight their wars for them?
One thing is certain: The war was not authorized by you, the people,
and the war was not authorized by us, the Congress, and therefore the
war is unconstitutional. The war is unauthorized.
You say: Well, do we ever get it right? Have we ever voted to
authorize war?
Yes, we have. When we went to war in Afghanistan the first time--and
I would have voted yes--there was a vote, and overwhelmingly we voted
to go in.
Some have argued: Well, is 6 months enough time for Congress to do
anything? Can they get anything done in 6 months?
When we were attacked in Pearl Harbor, do you know how long it took
us to declare war? Twenty-four hours. When we were attacked on 9/11,
how long did it take us to authorize the military force to go in? Three
days. People say Congress will never get it done. Maybe it is because
we are divided.
We haven't been attacked, we have no clear purpose in Afghanistan,
and there is no clear route to victory. Realize that in 2011 President
Obama put 100,000 troops into Afghanistan. Sure, he pushed the Taliban
back. Where did they go? To our ally Pakistan, which has gotten
billions and billions of dollars of American welfare and as we sit here
is destined to get another half a million of your money in American
welfare over the next month. Billions and billions of dollars we send
to Pakistan, but where does the Taliban live? In Pakistan. They run
back and forth across the border.
So we have to ask the question, What is our purpose? Are we nation
building? We spend hundreds of billions of dollars building their
roads, building their bridges, building their schools. They bomb them,
we bomb them--somebody bombs them, and then we rebuild them again.
We have $150 billion worth of damage in Texas. Do you know how we
should pay for it? Let's quit sending welfare to foreign countries.
Let's look at our country first, the problems we have here, rebuild our
roads, our bridges, our schools, and not borrow it, not add to a $20
trillion debt. Take the money we are sending in welfare to foreign
countries and let's rebuild our own.
We are at war in seven countries--none of them voted on by Congress.
Is it expensive? Yes, to the tune of trillions of dollars.
Today we will debate the issue of war and whether Congress is
constitutionally bound to declare war. We will debate whether one
generation can bind another generation to perpetual war.
We are at the point where we have been in Afghanistan so long that
within the next year, there will be people fighting who were not yet
born on 9/11. This war no longer has anything to do with 9/11, no
longer has anything to do with any vital interest in our country. It
has to do with us believing we could reshape the world and make the
world safe for democracy--everyone is going to love America, and
everyone is going to become a western style democracy. Guess what? It
is never going to happen.
Afghanistan is not even a real country; it is a collection of five or
six tribal lands that were stuck together by Europeans who had no
knowledge of the local people. They don't even like each other, much
less us. Do you know what they call the President, who resides in
Kabul? They call him the mayor of Kabul derisively because he has no
sway over them. They are interested in who their chieftain is in their
local area. They speak five different languages. They are never going
to be a country.
If you want to be at war there, you want to send your sons and
daughters to Afghanistan, you think somehow it will make our country
safer, let's vote on it. So what I am advocating is a vote. For the
first time in 16 years, I am advocating that we should vote on whether
we should be at war. It should be a simple vote, but it is like pulling
teeth. I have been trying very hard to get this vote for 5 years now. I
am this close. I am hoping to get the vote today or tomorrow, but it
isn't easy because we have been obstructing and obstructing, and no one
wants to be on the line. Yet that is why we are elected--to put our
names, our John Hancock, on the line. Are you for the war or against
the war?
I am done. I am done. I am ready to come home. I remember my father
saying, in 2008, in one of the Presidential debates, when they asked
``How will you get the people home?'' he said ``We just marched in, and
we can just march out.''
There is no more meaning or purpose in Afghanistan. We had 100,000
troops there in 2011. All of the Taliban scurried into Pakistan, and as
soon as the troops diminished, they went back. Some people take from
that lesson--they say: We need 200,000 or we need half a million troops
or we need to stay there forever and police every corner for them. I
take it to mean that the governments themselves over there do not have
the popular support of the people.
Stand up and fight for your country. Half of the people in
Afghanistan who were helping us over there came to our country. They
fled. It is the same with Iraq. All of the good people in Iraq--our
translators, pro-Western people--came to our country. I understand
wanting to come to a good place, but it would be like having the people
who signed the Declaration of Independence, after they had fought the
war and America had won, going back to England and saying: Oh, it is
dangerous in the new country. Yet that is what we have been saying year
after year, so the people who have pro-Western values from Afghanistan
now live in the United States and the same in Iraq.
The thing is that we need to have some tough love. They need to
practice some responsibility, and they need to take ownership of their
country. But as long as you coddle people, as long as you give people
stuff, and as long as you fight their wars for them, they are not going
to step up and fight.
We are going to debate whether Afghanistan is a winnable war.
We will also debate whether war in Yemen is in our national interest.
Most of America does not know that we are at war in Yemen. Most of
America does not know where Yemen is. We need to know why we are there
and whether it is of any value to the United States.
We will debate whether our support for Saudi Arabia is exacerbating
starvation and the plague of cholera in Yemen.
We will debate whether it is in our national interest to topple the
Government of Syria. There are 2 million
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Christians who live in Syria. Guess what. We may not understand it, but
most of those Christians support Assad. On the side of the war that we
have been funding and arming with the radical Islamists from Saudi
Arabia and with the radical Islamists from Qatar are the people who
hate the Christians. We are fighting on the side of the people who hate
the Christians in Syria. Does that make Assad a good guy? No, but the
thing is that maybe sometimes there is no good person in a war, no good
side to a war.
For 5 years, I have been fighting to have a vote on whether we should
be at war and where. I think there is no greater responsibility for a
legislator than to vote on when we go to war. I tell the young soldiers
whom I meet that it is my responsibility to discuss, debate, and think
seriously about whether we send them to war.
One of the things that is most mistaken by politicians--even by some
who are well intended--is that they think every soldier in America is
jumping up and down to go to his eighth tour in Afghanistan. Go out and
meet the soldiers. They are not allowed to be politically active, and
they are not a political force on Washington, but I guarantee that if
you were to ask our soldiers ``Are you ready to go back for your eighth
tour of Afghanistan? Do you see purpose in Afghanistan?'' that they
have lost sight of what that purpose is.
I met a Navy SEAL about a year ago. He had been in for 19 years--a
tough guy, as they all are--and he said to me: Do you know what? We can
defeat any enemy. We can kill any enemy. We can succeed at almost any
mission that you give us. But the mistake is when you--Congress or a
President--tell us to go somewhere and plant the flag and create a
country. We are just not very good at nation building.
We have the world's most elite military. We can defend our country.
We can defend, without question, against all invaders. Yet we are not
very good at making countries out of places that are not.
What we should think about is that we have a $20 trillion debt. We
borrow $1 million a minute. Even if you thought it was a good idea to
try to create a country in Iraq or create a country in Afghanistan or
create some sort of paradise in Yemen or Somalia or Nigeria or Libya or
any of the places we are--even if you thought some paradise was a great
thing--we have no money with which to do it. We are destroying our
country from within. We are eating out the substance of the very
greatness of America by borrowing $1 million a minute. We are flat
broke. We cannot afford to be everybody's Uncle Sam. We cannot afford
to be everybody's Uncle Patsy. We cannot afford to keep exporting our
money and our jobs to the rest of the world. We need to look at our
country and say it is time that we did things for our country, for our
people, and it is time that we quit borrowing $1 million a minute.
The question is, Will the Senators--will those who gather to vote--
stand for the rule of law? Will the Senators stand for congressional
authority for war? Will they stand for what the Constitution clearly
says in article I, section 8, which is that Congress, not the
President, shall declare war? Will the Senators sit idly by and let the
wars continue unabated and unauthorized?
Some will argue that sunsetting the old authorizations is too soon,
too dramatic. Really? So 6 months and 16 years later, we have not
decided whether we should be at war or where we should be, and we
cannot decide in 6 months? It took us 24 hours to decide with Pearl
Harbor. It took us 3 days to decide with 9/11. I think 6 months is
more than enough time.
Will Congress do its job unless it is forced to? All history says no.
Why does Congress have an 11-percent approval rating from the people?
Because it is not doing its job. How do we force Congress to do its
job? Give it deadlines. How can we get a deadline? Let's pass this.
Let's let the authorizations expire. Let's have a full-throated, deep,
and heartfelt debate over whether we should be at war and where. Should
we be at war in Afghanistan? Is there a winnable and foreseeable
winnable future there? Should we be at war in Iraq? Syria? Yemen?
Libya?
Today's vote can be seen as a proxy vote for the Constitution.
Today's vote is not really a vote for or against any particular war.
Today's vote is simply a vote on whether we will obey the Constitution.
Today's vote is a vote on whether Congress will step up and do its job.
Sixteen-and-a-half years is more than enough time to determine whether
the war in Afghanistan or Yemen or Libya or Somalia has purpose or real
meaning for our national security.
Often, it is said--very glibly--that, yes, it is in our national
security interest. Realize when people tell you that they are giving
you a conclusion. That is the beginning of the debate. We could debate
for hours and hours. Hopefully, we will have some of that debate, but
we have to debate what is in our vital national interest. Just to say
it is so does not make it so.
Does anybody in America think the war in Yemen is in our vital
interest? Most people do not know where Yemen is, much less think it is
in our vital interest. Guess what. The war in Yemen may actually be
opposed to our vital national interest. It may be making it worse. The
war in Libya certainly did.
President Obama, when he chose to act illegally and intervene in
Libya, made the world less safe. It was not his intention. I will grant
him that his motives were to make it more safe, but he made the world
less safe. Why? Because when Qadhafi was toppled, you got chaos. You
have two competing governments in Libya, and you have chaos. If you
want to set up a terrorist camp, if you are ready to go find a good
place in the world, Libya is one of the prime places to go now because
the government is gone and there is chaos. So I would argue that the
intervention--one of the wars that we fought illegally, without the
approval of the Senate, under the unilateral action of the President--
made us less safe. That is why we are supposed to debate before we go
to war. We are less safe because of the Libyan war.
How about the Syrian war? It is the Christians on one side and us on
the other side. That is the first problem I have. The people on the
side of the war that we supported are the radical Islamists. ISIS was
on the side that we were supporting. In fact, one of the most famous,
if not the most famous and important leaked email about Hillary Clinton
from WikiLeaks was when Hillary Clinton sent an email to John Podesta,
writing to him: Hmm, we need to exert some influence on Saudi Arabia
and Qatar because they are giving financial and strategic assistance to
ISIS.
Realize that. Of the people we are selling weapons to in Saudi Arabia
and Qatar--they get all of their weapons from us--guess who they are
giving them to. ISIS. They were on the same side as ISIS.
Let's say you do not believe that. You say: Oh, I don't believe that.
Certainly we would not have done that because we would not have
supported the bad people.
Let's say we just supported the so-called moderates. They are still
fighting against the guys who are protecting the Christians.
What was the net effect of the Syrian civil war? Before we got
involved, Assad was winning the war. Once again, like Qadhafi, he is
not a great guy, but he does defend the Christians, and the Christians
do support him. We turned the tide of the war by flowing in hundreds
and hundreds of tons of weapons in 2013--us, Qatar, and Saudi Arabia--
but these weapons went in indiscriminantly. What happened when we
turned the tide of the war? Chaos in a vacuum. In that vacuum, guess
who arose. ISIS.
When you created chaos in Libya by fighting an unconstitutional,
unauthorized war, you got more terrorism, more chaos, and the world was
a less safe place.
When we got involved in Syria without the authorization of Congress--
unconstitutional, unauthorized--what did you get? Chaos and the rise of
ISIS.
What do we have in Yemen right now? In Yemen, you have a Sunni-backed
government in exile that is supported by the Saudis, and you have these
Houthi rebels who are supported by Iran. But that is not all you have
in Yemen. You also have al-Qaida of the Arab Peninsula--three different
groups. It is said that al-Qaida of the Arab Peninsula is actually the
strongest remaining presence of al-Qaida. Is it possible, in our
supporting the Saudi
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Arabian-backed government against the Houthis, that they fight and kill
each other to such a degree of chaos that al-Qaida of the Arab
Peninsula fills the vacuum? If you look at Libya, that is what
happened. If you look at Syria, that is what happened. What if it
happens in Yemen?
You have to ask, what is our vital interest in Yemen? Why are we in
Yemen? Why are we supplying bombs to the Saudis? Is it somehow making
us safer from terrorism? Are we killing them over there so they do not
kill us over here? Guess what. We may be creating more terrorists than
we can possibly kill.
The Saudis bombed a funeral procession of civilians. They killed 150
people, and they wounded 500. Do you think they are ever going to
forget about it? That is going to be passed down through oral tradition
for a thousand years, and they will talk about the day that the Saudis
came and bombed civilians. They will also say in the next breath: Guess
who gave them the bombs. The Americans. Guess who helped to guide the
planes. Guess who refueled the planes in the air. The Americans
refueled the Saudis the day that they came to bomb a funeral
procession.
So, in the end, we killed 150 people. You might say: Well, they were
all bad people. They were at the funeral of a bad person. Do you think
that we killed 150 and that will be the end of it, or do you think that
those who were wounded, who survived and went back to their villages,
told every one of their neighbors and everyone in the village about the
day the Saudis came with the American bombs?
We have to ask ourselves, are we making things better? Is Yemen in
our vital national interest? Are we making things better or are we
making things worse? Is there a possibility that it will lead to such
chaos that al-Qaida of the Arab Peninsula will rise up and become a
real threat to us?
What else is happening in Yemen? It is one of the poorest countries
on the planet, as 17 million people, as we speak, live on the edge of
starvation--17 million people. They are having the largest outbreak of
cholera. Where is most of this happening? Where is most of the
starvation, most of the killing, and most of the cholera? It is in the
areas that are being bombed by the Saudis. They have bombed the
infrastructure into ruins, and there is no clean water, so cholera is
spreading.
War is probably the most common and most important precipitating
factor in humanitarian disasters. If you look at humanitarian disasters
around the world, you will find that the No. 1 cause is war, and Yemen
was already a poor place to begin with.
You are fighting the war, and nobody asked your permission. You are
fighting a war in Yemen through the proxy of Saudi Arabia, and no one
has asked my permission. This is a grave insult to us. It is dangerous
to the Treasury, but it is also your sons and daughters who are being
asked to go to Yemen now.
We had a manned raid in Yemen and lost one of our Navy SEALs. I have
asked what we got, and they just sort of push me off and say, oh, they
might tell me on another occasion. No one will tell me what we got.
They claim that it was great, that it was the best stuff you could ever
find, that it is going to prevent loss of life. But the thing is, we
have no business in Yemen. We have not voted to go to war in Yemen. We
have been at war 16 years--the longest war now--in Afghanistan. There
is no purpose left. There is no future for the war in Afghanistan.
Today's vote will be remembered as the first vote--if we have it--in
16 years on whether to continue fighting everywhere, all the time,
without ever having to renew the authorization of Congress. I hope
Senators will think long and hard about the seven ongoing wars and, at
the very least, show regard for our young soldiers and go on the record
to uphold their oath of office. Each Senator should uphold their oath
of office and defend the Constitution and its requirements with regard
to war.
I, for one, will stand with soldiers, young and brave, sent to fight
in distant lands in a forgotten, forever war. I will stand for the
Constitution. I will stand with our Founding Fathers, who did
everything possible to make the initiation of war difficult.
I hope my colleagues will stand for something. I hope my colleagues
will finally vote to do their constitutional duty and oversee and/or
discontinue the many wars we are in. But even if my colleagues say:
War, war--that is the answer--everywhere, all the time, by golly, come
down and put your name on it. If you think we should be at war in
Afghanistan, vote for it. If you think we should be at war in Yemen,
come down to the floor and vote for it.
What does everybody do? Pass the buck. Let the President do it. Let
the President take the blame if things don't go well. We should vote.
So on my amendment, you will probably see that the majority will say:
We don't want any responsibility; let the President take care of that.
My vote isn't actually directly on any of the wars, although I do
oppose most of the wars we are involved in. My vote is on whether or
not we should vote on whether we should be at war.
So for those who oppose my vote, they oppose the Constitution. They
oppose obeying the Constitution, which says that we are supposed to
vote. They are going to say: No, I refuse to vote on any of these wars.
All my amendment does is to sunset an authorization that really
doesn't apply to anything we are doing at the moment, and it says that
in 6 months' time, you have to come up with an authority to go to war.
I hope my colleagues will stand for something. I hope they will finally
vote to do their constitutional duty. It is the least we can do to
honor the service of our brave young soldiers.
Thank you, Mr. President.
I reserve the remainder of my time.
The PRESIDING OFFICER (Mr. Strange). The Senator from Oklahoma.
Mr. INHOFE. Mr. President, I want to discuss an amendment, and I am
not sure when it will be offered--I understand it will be offered--and
I think it is very significant.
First of all, let's keep in mind what this is all about. The NDAA is
the National Defense Authorization Act. It is one that we know is going
to pass. It has passed for 55 consecutive years. If something happened
and it didn't pass, the troops wouldn't get hazard pay or flight pay,
and it would really be a traumatic thing that would happen. But it is
not going to happen. It is going to pass. It is the most important bill
that I believe we pass every year. As I said, we have passed it for 55
consecutive years, and it is important that we pass it right away.
Sometimes it gets stalled until later in the year, but if it isn't done
by the end of December, that is when everything falls apart. So we just
don't need to do that, and I believe we have the momentum to go ahead
and get it done.
Now, we are facing a threat. I have stood at this podium so many
times now to talk about how I look back wistfully at the days of the
Cold War when we had two superpowers. We knew what they had. They knew
what we had. Mutually shared destruction meant something, but now it is
totally different.
We hear that the two biggest threats facing us right now would be
North Korea and Iran. I stand on the side that it is North Korea
because North Korea is run by someone with a questionable mentality,
and they are developing--I have watched them over the years--the
capabilities that they now have. I certainly agree that Iran also is a
serious threat. But the fact is that our Armed Forces are now in a
condition that they have not been in for a long time.
I chair the Subcommittee on Readiness in the Senate, and we had the
vice chairs testify before us not too long ago. They testified that we
are in worse shape now than we were during the hollow force of the
1970s, right after the Carter administration. Many of us remember that,
and I certainly do. Our Armed Forces are smaller than in the days of
the hollow force in the 1970s, and readiness in the form of personnel,
training, and equipment have been degraded, I think, to a breaking
point. All the while, we have witnessed an uptake in the training and
operational accidents across the Armed Forces. While the risks posed by
the readiness crisis are significant, Congress is already taking steps
to correct the shortfalls.
Every amendment considered for the NDAA should focus on increasing
readiness across our services. We owe it to
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our troops and our Nation to help ensure that levels are acceptable.
That is why it is disappointing and dangerous that we are considering
an amendment that would authorize a base realignment and closure round,
better known to all of us as a BRAC round. We have had five BRAC rounds
since 1989, and I am familiar with all of them. I, along with many of
my colleagues in the Senate Armed Services Committee, successfully have
a provision that would include a prohibition against a BRAC right now.
I think it is pretty obvious. Everyone knows what the threat is out
there. At least those on the Armed Services Committee do. But they also
know that any BRAC round that you do is going to have the effect of
costing a lot of money that should be spent on readiness. No matter
what a base realignment and closure, or BRAC, is, the amount of money
that is spent when you first start is going to be very expensive.
Unfortunately, an amendment is pending that would enable a new BRAC
round in 2019, and, at the same time, remove--this is critical--the
nonpartisan commission that allows the input of both local defense
communities and Congress into the BRAC process.
I will tell my colleagues why that is important. I remember because
it was shortly after I was first elected. Prior to 1989, the Defense
Department was the agency that made the decisions as to what was going
to happen to our various installations around America. It was very,
very political. There were rumors or some stories that they would agree
for certain considerations to allow someone to continue to operate when
they really shouldn't be operating.
Well, the Pentagon claims that a BRAC round would save money and
would allow the military to invest that money into critical readiness
shortfalls. It is just not true. Before the most recent BRAC round in
2005, we heard these same arguments from the Pentagon, that the BRAC
would somehow save money and would allow the military to increase
efficiency. With 22 major base closings and 33 realignments--that is
what happened in 2005--the round was depicted to save, over a 20-year
period, $35 billion, with costs of $21 billion. The reality is far
different. The 2005 BRAC round cost taxpayers roughly $35 billion, and
it is only expected to save $9.9 billion over the next 20 years.
Now, the other day I went back and looked up just to see what the GAO
said about that. Keep in mind that it was a 2005 BRAC round, but the
GAO study was actually in 2011, saying: We know what we said at that
time; let's see how they performed.
So let me read right out of their report: The ``one-time
implementation costs''--that is the cost of putting together a BRAC
round--``grew from $21 billion originally estimated by the BRAC
Commission in 2005 to about $35 billion.'' In other words, they said it
was going to cost $21 billion, and it ended up costing $35 billion.
That is an increase of 67 percent. It has been that way with the other
rounds too.
Looking at their analysis of the value, it is very important that we
understand what they are saying here. The GAO said that ``the 20-year
net present value DOD can expect by implementing the 2005 BRAC
recommendations has decreased by 72 percent.''
In other words, they were 72 percent off as to what great savings we
were going to have in the future by making these closures.
They went on to say that ``the 20-year net present value--that is,
the present value of future savings minus the present value of up-front
investment costs--of $35.6 billion estimated by the Commission in 2005
for this BRAC round has decreased by 72 percent.'' It cannot be more
specific than that, and this is the consistent pattern that we have.
So, clearly, those base closure rounds cost the American taxpayers an
exorbitant amount of money up front and take years to recoup their
initial investment, if they ever do. In this case, they haven't, and
they don't expect to. With the history of previous inconsistencies
between expected and actual costs, there is no certainty that any
proposed base closures or realignments would be economically viable now
or at any time in the future.
Now, we are at a point of uncertainty that makes it irresponsible to
expend billions of dollars in downsizing our Armed Forces when we are
currently facing some of the most volatile, unpredictable, and
dangerous military threats that America has ever seen. Readiness can't
wait, and our enemies around the world will not.
We must also consider the possibility that we will soon require the
capacity that is presently considered excess if the current military
threats materialize in a manner that would encourage expansion of our
armed services.
I think that just stands to reason. We know the threats are out
there, and we know the problems are more severe than they have ever
been in the history of this country. So maybe the current size of our
forces would not be adequate. Well, it is a lot cheaper to go ahead and
keep something that is already there than it is to tear down something
and start all over again.
So, anyway, as to the early years, everybody knows that the certainty
is there that it will cost money in the early years. The high cost of a
BRAC round would divert resources away from addressing immediate,
tangible threats.
Just last week, North Korea tested what is believed to be a hydrogen
bomb, its most powerful nuclear weapon tested to date, estimated at
nearly seven times as powerful as the bomb detonated over Hiroshima.
This came on the heels of North Korea's first successfully tested and
more powerful and far-ranging intercontinental ballistic missile, or
ICBM. We are familiar with that test, which began over the summer. Now,
if fired on a trajectory, experts believe the ICBMs that North Korea
tested could have reached the United States of America.
I can remember talking about this with our intelligence department
years ago. At that time, we were saying that they could finally develop
a bomb and a delivery system that could reach the United States of
America. Well, that may be here today. If not, it is imminent.
A BRAC round now would also shortchange a response to the immediate
readiness needs. Over the last 90 days, we have witnessed a spike in
accidents across the military services, especially in the Navy and in
some of the aviation mishaps. While these accidents are still under
investigation--under investigation to determine the cause--it is not
hard to correlate them with the readiness decline.
Our forces are smaller than the days of the hollow force in the
1970s. Our equipment is aging. Our base infrastructure requires
critical maintenance and upgrades. Our Air Force is short 1,500 pilots,
and 1,300 of those are fighter pilots. Only 50 percent of the Air Force
squadrons are trained and ready to conduct their assigned missions. The
Navy is the smallest and the least ready it has been in years. It
currently can only meet about 40 percent of the demand for regional
combat commanders. We are talking about the commanders in the field who
make that assessment. We can only carry out less than 40 percent of
them. More than half of Navy aircraft are grounded because they are
awaiting maintenance or lack necessary parts. The Marine Corps' F/A-
18s, known as the Hornets, 62 percent are broken. We don't have that
capacity. The Army has said about one-third of their brigade combat
teams, one-fourth of their combat aviation brigades, and one-half of
their division headquarters are currently ready.
Speaking in January about the Army readiness, then-Vice Chief of
Staff of the Army General Allyn said:
What it comes down to . . . we will be too late to need. .
. . Our soldiers will arrive too late, our units will require
too much time to close the manning, training, and equipment
gap . . . the end result is excessive casualties to civilians
and to our forces who are already forward-stationed.
We are talking about lives. We are talking about American lives. That
is a sobering assessment, especially when considering the gravity of
the threats we face around the world, including, of course, the Korean
Peninsula.
The NDAA's first priority has to be to rebuild our force and improve
its readiness, which is what we are in the process of doing right now,
and we need to get it done. A BRAC round would divert vast resources
away from this end for savings we would not see for decades to come, if
we ever did--and we
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are growing, not shrinking. Now is not the time for a BRAC round.
I hope my colleagues in the Senate will join me in rejecting this
amendment. However well-intentioned, now is not the time for a
shortsighted BRAC round.
There are still Members--I have talked to Senators who are saying
they really believe, and they have been told, that somehow we are going
to have more money for readiness if we have a BRAC round. It is exactly
the opposite. Again, straight from the GAO, they made the analysis of
the 2005 BRAC, and said the 20-year net present value DOD can expect by
implementing the 2005 BRAC recommendations has decreased by 72 percent.
It always costs a lot more on the front end and saves much less in the
long run.
With that, I encourage my colleagues to reject this amendment, if
this amendment is indeed offered.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BOOZMAN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Johnson). Without objection, it is so
ordered.
Remembering Frank Broyles
Mr. BOOZMAN. Mr. President, I rise today to pay tribute to the
legendary University of Arkansas football coach, Frank Broyles, who
passed away August 14 at the age of 92. He spent his life in service to
the university, its student athletes, and our great State.
I was fortunate to have been recruited by and played for Coach
Broyles as an offensive tackle in the early 1970s. For a kid from
Arkansas, this was a dream come true. Outside of family, the people who
have had the greatest influences on my life were my coaches, teachers,
pastors, friends, and certainly Coach Broyles is right at the top. He
was an icon in Arkansas and a legend in collegiate athletics.
As head coach of the Razorback football team from 1958 to 1976, he
turned the school's program into a national powerhouse. During his
tenure, Coach Broyles led the Razorbacks to seven Southwest Conference
titles, and a Football Association of America national championship.
Coach Broyles had tremendous charisma and had a remarkable ability to
attract and develop talent--both players and coaches. He wasn't afraid
to seek out talent to support him, and he had an innate ability to see
the strengths in people. He would turn them loose to use those
strengths to help the team and those individuals succeed. His recipe
was to get great people around him to help the program win while
helping those individuals get to where they wanted to be in their own
professional careers.
The roster of assistants under Coach Broyles reads like a Who's Who
in NFL and college football: great coaches such as Jimmy Johnson, Barry
Switzer, Johnny Majors, Joe Gibbs, Raymond Berry, and Hayden Fry--and
the list goes on and on. They were once Coach Broyles' assistants. His
legacy of producing great assistant coaches is recognized in an award
named in his honor to recognize college football assistant coaches for
the work they do. Since 1996, the Broyles Award has been given annually
to the top assistant coach in college football.
Frank Broyles' impact on the University of Arkansas went well beyond
the football field. He implemented his vision for Arkansas athletics as
the athletic director for more than three decades, helping the
university's men's program win 43 national championships during his
tenure. When he retired from the position in 2007, he continued his
devotion to the University of Arkansas working as a fundraiser at the
Razorback Foundation.
Coach Broyles used his notoriety for his most important mission,
which he undertook in his later years. He became a passionate advocate
for finding a cure for Alzheimer's and educating Americans on caring
for loved ones suffering from this disease when his wife Barbara lost
her battle with Alzheimer's in 2004. He shared the experience of his
family as caregivers to his beloved Barbara across Arkansas and brought
his story to Capitol Hill, where he encouraged lawmakers to be
passionate about Alzheimer's so we can find a cure. He told Members
they need to turn that compassion into passion to make a difference.
Coach Broyles spent his final years showing his passion for fighting
Alzheimer's and helping other families touched by the disease. When his
family was learning the best way to care for Barbara, they found there
were limited resources available to caregivers looking for assistance.
That is one of the reasons they created the Broyles Foundation and were
inspired to share what they had learned in caring for Barbara to help
other caregivers. The culmination of that effort was a book, ``Coach
Broyles' Playbook for Alzheimer's Caregivers,'' which has been
translated into 11 languages and distributed across the country.
After years of advocacy on behalf of those suffering from Alzheimer's
and their families, the disease he fought so passionately to find a
cure for ultimately took his life as well. One of the best ways we can
honor Coach Broyles' legacy is by continuing to fund research in search
of a cure for this devastating disease.
Coach Broyles brought the same energy to fighting Alzheimer's that he
brought to college football and his work on behalf of the University of
Arkansas on and off the field. He made a tremendous mark on the lives
of so many student athletes during his years as a coach, athletic
director, and all-around ambassador for the University of Arkansas and
for our State.
I was one of the many who learned from the example Coach Broyles set.
His leadership, faith, and ability to attract talent and utilize it to
make our State a better place has been a tremendous influence on me
through the years. I will be forever proud to be a Razorback and to
have had the opportunity to play for Coach Broyles.
Coach Broyles was fond of saying there are two types of people in the
world: givers and takers. Live your life as a giver, not a taker. We
lost a giver, but we are so much better for what he gave us.
Honoring Deputy Timothy Braden
Mr. President, I would also like to pay respect to a law enforcement
officer in my home State of Arkansas who lost his life in the line of
duty, Thursday, August 24, 2017.
Drew County Sheriff's Deputy Timothy Braden gave his life while
serving and protecting the citizens of Arkansas. Deputy Braden was a
selfless servant who made a career out of helping others. He joined the
Drew County sheriff's office in February after serving 3 years at the
McGehee Police Department.
He is remembered as a kind and hard-working officer who performed his
job with a positive attitude. He had an appreciation for law
enforcement and had aspirations of serving as an Arkansas State Police
trooper. I am grateful for Deputy Braden's commitment to the community.
He represents the selfless service of our men and women who turn toward
danger to protect communities and bring criminals to justice.
He showed his dedication to the community in many ways, including
being a former member of the Arkansas National Guard and a former Eagle
Scout of the Year in his hometown, Star City. Deputy Braden's ultimate
sacrifice reminds us all of the risks members of the law enforcement
community face on a daily basis.
My thoughts and prayers go out to Deputy Braden's family, including
his wife and four young children, his friends, and the law enforcement
community. I pray they will find comfort during such a difficult time
as this.
I join all Arkansans as we express our gratitude for Deputy Braden's
service and sacrifice.
With that, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Mr. President, I come to the floor today to question
the plan for auditing the Department of Defense. The new Chief
Financial Officer, Mr. David Norquist, presented a plan to the Armed
Services Committee on May 9. It appears flawed, like a lot of other
such plans. The Department
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may be audit ready by the September 30 deadline, but the goal--and the
goal ought to be a clean opinion--isn't in the mix. In its place, we
get another lame excuse: ``I recognize it will take time to go from
being audited to passing an audit.''
We have heard this story over and over for 26 years. When will it
come to an end?
I don't think the Pentagon has a clue if the Department is truly
audit ready. Then, why is the Chief Financial Officer predicting
failure before the audit even starts?
Doubletalk is necessary to accomplish that goal. A monster is lurking
in the weeds, and nobody wants to talk about it. It is the ``deal-
breakers.'' That is a term that is often used in audit reports. They
are red-flagged accounting issues listed in Department of Defense
reports for years and years. They are prefaced by this warning: ``The
deal-breakers prevent clean opinions.''
If Mr. Norquist wants to win this war, he had better get on top of
the ``deal-breakers.'' But he ignored them in testimony, focusing
instead on this apparent distraction: DOD has spent too much time
``preparing for full-scope audit without starting it.''
We need to pinpoint ``vulnerabilities''--those are his words, and he
went on--``to drive change to a clean opinion.'' Suggesting that the
Department of Defense lags behind on audit starts or needs more audits
to spot weaknesses seems very wrongheaded. The Department has conducted
nonstop audits since 1991--294 financial audits, to be exact--and 90
percent were failures, but a few were full-scope audits with clean
opinions. Together, the Corps of Engineers and the Military Retirement
Fund earned 28 clean opinions out of 43 starts. In the case of the
Corps of Engineers, auditors relied on unorthodox procedures known as
``manual workarounds'' or ``audit trail reconstruction work.'' Highly
paid auditors scramble around searching for missing records. These
procedures work on small jobs, but the point is that they are an
inefficient substitute for a modern accounting system.
Now, I have talked about small jobs. To the contrary, on big jobs
this approach is a nonstarter. Yet, that is exactly where Mr. Norquist
intends to go--the toughest, the unauditable: the Army, the Navy, the
Marine Corps, the Air Force, and the rest of the Defense Department.
This is where auditing hits the wall--over 200 starts without a
successful finish.
If these audits begin before the accounting house is in order, the
Norquist plan may be swallowed up by the swamp. The destructive power
of the deal-breakers was hammered home by the most important audit so
far--the Marine Corps audit. Their impact was exposed in a first-rate
report issued by the Government Accountability Office. I spoke at
length about that report on the Marines on August 4, 2015. Today, I
will touch on it just briefly. This background is very, very important.
Back in September 2008, the Marine Corps, the smallest of the big
ones, stepped up to the plate. The Marine Corps boldly declared that it
was audit ready. As a pilot project, the Marine Corps would lead the
way. High hopes for a breakthrough were not to be. Ten years and five
audits later, the Marine Corps is still stuck on square one. The
inspector general and the Government Accountability Office determined
that it was never ready for audit. It failed for the same reasons as
all the other audits failed, going back to the term ``deal breakers.''
To make matters worse, there was an attempt to cover up these
shortcomings. Initially, a clean opinion was issued. The then-Secretary
of Defense, Chuck Hagel, gave the Marine Corps an award for being the
first service to earn a clean opinion. The opinion did not stand up to
scrutiny. The evidence did not meet ``professional auditing
standards.'' So the inspector general had to withdraw, leaving Mr.
Hagel with egg all over his face.
The deputy inspector general for audit was removed and reassigned,
and the accounting firm involved lost the contract to Kearney &
Company, where the now Chief Financial Officer, Mr. Norquist, was a
partner.
Without strong leadership, the Marine Corps could be the Norquist
template. This is where we have been before: audit ready but light
years away from a clean opinion. So that takes you to nowheresville.
Why go there when you know what you are going to find? Although lessons
were learned, the end result was mostly waste--$32 million for five
premature audits. DOD is big, big business for these auditing firms,
and what do we get? No clean opinion.
The deal-breakers, which doomed the Marine Corps audit and all the
others, are alive and well. They are still driving the freight train
with no fix in sight. Yet, in spite of these formidable barriers, the
Marine Corps is once again shooting for the moon. It jumped out in
front of all the other military services by starting a full financial
audit, which the press calls a ``mammoth task.'' Why would the outcome
be any different this time around, when we just exposed within the last
2 years that what they thought was a clean audit was not such a clean
audit.
The government's expert on accounting--and I call him the expert on
government accounting because he is Comptroller General Gene Dodaro--
understands the dilemma. The $10 billion spent annually on fixing the
accounting system, he says, ``has not yielded positive results.'' Money
is being spent in the wrong places. Mr. Dodaro wonders if the
Department of Defense has the talent to get it right, and that is his
word--``talent.''
With his plan resting on shaky ground, Mr. Norquist may need to shift
gears. For starters, the cost of the full financial audits, which are
touted as the largest ever undertaken, could top $200 million. Spending
so much money on audits doomed to failure would be a gross waste of tax
dollars.
Now, I am not suggesting that Mr. Norquist back off. Mr. Norquist
just needs to get a handle on the root cause of the problem, and the
feeder systems are that root cause. As a main source of unreliable
transaction data, the feeder systems are the driver behind the deal-
breakers. Fix them, and then the rest should be just a piece of cake.
Department of Defense reports have repeatedly called for ``testing
the feeder systems.'' However, according to the Government
Accountability Office, those tests were never, never performed.
So the aggressive testing and aggressive verification of transactions
are the right places to start. Senators Johnson, Ernst, Paul, and this
Senator are sponsoring an amendment to make that happen.
Once all of the tricky technical issues are ironed out and testing
provides confidence that the system is reliable, the plan will gel.
Audit readiness will be self-evident, not contrived. Full financial
accounting could begin. Clean opinions should follow, and those clean
opinions should be our goal.
There has been 26 years of hard-core foot-dragging that shows that
internal resistance to auditing the books runs very, very deep. It will
take strong, confident leadership and strong determination to root out
that internal resistance to auditing the books. I am counting on
Secretary Mattis and Chief Financial Officer Norquist to get the job
done in the shortest time possible.
I yield the floor.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. KAINE. Mr. President, I rise to speak about the pending NDAA. In
particular, I rise to speak about an amendment that has been previously
discussed on the floor that is being offered by the Senator from
Kentucky, Mr. Paul, that deals with the current authorizations for use
of military force that are justifying American military action in
Afghanistan, Iraq, Syria, and numerous other countries.
The authorizations that currently support military actions were
passed in 2001 and 2002. About a quarter of us were here and voted on
those. Three-quarters of us have joined either the Senate or the House
since those authorizations have been voted on. What that means is that
we have American troops who are deployed in harm's way, that thousands
have been killed, that thousands have their lives at risk right now,
and that three-quarters of Congress has never voted to support the
military operations that are currently underway. Many of us support
them or support them with recommendations or reservations or
qualifications, but three-quarters of us have never cast a vote.
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These authorizations are, respectively, 15 and 16 years old. The
authorizations have, essentially, been interpreted in a very broad
way--first, by the Bush administration; second, by the Obama
administration; and now by the current Trump administration. I would
argue that the current interpretation of the authorizations would
essentially allow, without any approval from Congress, an American
President to wage war anywhere against any terrorist group for however
long he wants to.
That was not the intention of the authorizations when they were
originally drafted. If you were to go back and talk to those who had
been here and cast their votes in 2001 and 2002, they would say that it
was completely beyond their contemplation that what they were voting
for then, which was going after those who had attacked the Pentagon--9/
11 was yesterday--and the World Trade Center, would 16 years later
still be used to support military action in a total of 14 countries in
35 separate instances having been declared by the last three
administrations.
Senator Paul has an amendment on the table, and the amendment is
this: to sunset the 2001 and 2002 authorizations in 6 months as a
mechanism for forcing Congress to finally do the job of having a debate
and defining the legal authority of the military mission that we are
currently engaged in and putting a senatorial and congressional
thumbprint on the mission so that those who are risking their lives
know that they are doing so with a political consensus by the American
political leadership here in Congress. I am supporting Senator Paul's
amendment.
I think it is way past time for Congress to take this up and for
everybody to be on the record. I think that our allies need to know
whether Congress supports the American military missions that are
currently underway. I think that our adversary needs to know that there
is a congressional resolve, not just an Executive resolve. Most
importantly, I think that the American troops who are deployed in
harm's way every day deserve an answer to the question of whether
Congress is behind them.
I came to Congress being very focused on this and to the Senate in
January of 2013. I gave my first speech about it on the floor in the
summer of 2013, when President Obama expanded the military action
against al-Qaida to also incorporate military action against ISIS,
which did not form until 2 years after the 9/11 attack. I filed my
first military authorization, seeking to get Congress on board and to
send to the troops the message that we supported them. That was now
almost 3 years ago. I was once able to get a vote on an authorization
in the Foreign Relations Committee. It passed out of committee but died
for lack of any action on the floor.
Since 2015, out of a thought that we should try to be at least as
bipartisan as we could in putting support behind the troops and
carrying out our article I responsibilities, Senator Jeff Flake of
Arizona and I have worked together, first, in introducing in 2015--and
then in reintroducing this year--an authorization for use of military
force. We have a pending authorization that we filed in June, which has
been pending in the Foreign Relations Committee, to set forth a
military authorization with certain conditions to undertake and legally
justify military action against al-Qaida, ISIS, and the Taliban. That
has been pending in the Foreign Relations Committee, but there has been
no particular motive or forcing mechanism that has made the committee
take this up, bat it around, hear from experts, debate it, amend it,
and send it to the floor.
I think, of all of the powers that Congress has, the one that we
should most jealously guard is the power to declare war. James Madison
was the drafter of the Constitution, and he gathered great ideas from
others. The 230th anniversary of the drafting of the Constitution is
this Sunday, September 17--Constitution Day in Philadelphia. The
Constitution was a great collection of wonderful ideas, many that had
been tried out in other nations, but the genius of it was the way in
which we got the best of the best and tried to put them together in the
document.
It has been said by many historians that there were only about two
items in the Constitution circa 1787 that were truly unique and that we
were doing for the first time. One was the protection of the ability of
the people to worship as they pleased without preference or punishment,
which had been drawn from a statute that had been passed in Virginia in
1780, the Statute for Religious Freedom. The second idea that was very
unique to our country and was, really, an effort by the Framers of our
Constitution to change the course of human history was the idea that
war should only be initiated by Congress and not by the Executive.
The Framers of the Constitution knew in 1787 about Executives and
Executive overreach, especially in matters of war. They knew Kings,
Emperors, Monarchs, Sultans, and Popes, and they knew that that was how
war started. Madison decided that we were going to do it differently,
and the Framers and those who voted in Philadelphia agreed with him.
The Constitutional Convention's minutes that were taken by Madison and
others demonstrated what they were trying to do.
Madison explained it in a letter to President Jefferson about 10
years later, when Jefferson was grappling with questions of war.
Madison wrote in the letter that our Constitution supposes what the
history of all governments demonstrate--that it is the Executive that
is most interested in war and, thus, is most prone to war. For this
reason, we have, with studied care, placed the question of war in the
legislature. Madison was trying to change it so that war could not be
initiated without a vote of Congress.
In my view--and I was tough on a President of my own party about
this--when President Obama decided to initiate offensive military
action against ISIS in August of 2014, I said: You must come to
Congress. When President Trump used military might--in this instance,
weapons against Syria--to undertake the laudable step of punishing the
use of chemical weapons against civilians, I said: I will support you
with a vote, but you cannot do that without Congress. That is because
there is nothing in the authorizations that are currently pending that
allow the United States to take military action against the Government
of Syria.
Yet we have gotten so sloppy about this. Frankly, we have been sloppy
about it just about since 1787. If I can be blunt, throughout our
history, regardless of party--Whig or Federalist, Democrat or
Republican--Members of Congress have often concluded that a war vote is
a very difficult vote and that, if we could allow the President to
initiate it without a vote, we might be politically insulated from the
consequences of the vote. That has been a uniform trend, and it has
been a nonpartisan one. That is one of the reasons that we are where we
are right now in Congress's being reluctant to take up war votes. These
are difficult votes.
I have been on the Foreign Relations Committee since January 2013 and
have cast two votes for military action--first, against Syria for using
chemical weapons in the summer of 2013 and, second, in the matter that
I mentioned earlier in voting for a war authorization against ISIS in
December of 2014. I will say that there is no vote that you will ever
cast that is harder.
I come from a State with a great military tradition. More people in
Virginia are connected to the military--either as Active Duty, veteran,
Guard, Reserve, DOD civilian or military contractor or military
family--than in any other State. One of my children is a Marine
infantry commander. Any war vote--if not immediately, then
prospectively--affects him and the people whom he works with and cares
deeply about.
These are very, very hard votes. They are supposed to be hard, but
that is no reason to duck them. Congress is supposed to take this up,
not hand any President of any party a carte blanche to go to war
without a vote of Congress. Even against bad guys like ISIS or even
against a Syrian dictator who is using chemical weapons against
civilians, we are not supposed to be at war without a vote of Congress.
So I am here to support Senator Paul's amendment, which would take
these old and outdated authorizations and sunset them within 6 months.
I view his amendment as being an attempt to force Congress to do what
it should do, which is to have a debate anew after 16 years and come up
with a crafted legal authority and appropriate
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strategy for carrying out military actions against nonstate terrorist
groups.
I applaud my colleague from Arizona, Senator Flake, because he and I
have worked together very hard on this issue. We have a matter that is
pending. If Senator Paul's amendment passes, the result of his
amendment will be that the Senate Foreign Relations Committee and this
body will have to grapple with what is an appropriate authorization
circa 2017 to replace the authorizations from 2001 and 2002.
We shouldn't be afraid of that discussion. We should relish it and
protect the power of Congress to decide when we will and will not be at
war. I believe the version that Senator Flake and I have introduced,
that was introduced in June, is a good-faith effort to listen to all
and craft a compromise going forward.
I will close and say what I have said already. I think Congress
should not only do this because we are constitutionally required to--
and waging war without an authorization poses all kinds of legal
challenges that I think are significant; that it is constitutionally
required should be enough--but I actually really like the reason. I
like the reason for the constitutional provision.
Madison and the Framers concluded that we should not order men and
women into combat, where they are risking their lives and their health,
if there is not a political consensus by the elected leadership of the
country that the mission is so worth it that we can fairly ask them to
risk their lives. If we are afraid to cast a vote because, oh, it is
too unpopular or it could be too challenging, how can we stand up and
say we are going to duck that responsibility when the consequence of
war is that volunteers are being deployed and potentially injured and
killed?
I will close and just say it seems to me that the sacrifice of the
millions who serve Active, Guard, and Reserve--of the thousands who are
deployed overseas in theaters of war right now--their sacrifice should
call upon us to have a debate and do the job we are supposed to do.
If the Paul amendment passes, I look forward to working especially
with my colleague from Arizona and my colleagues on the Armed Services
Committee and colleagues on this floor to have a debate, have a vote,
and send a strong message to terrorist groups, to our allies--but
especially to our troops--that the article I branch of the U.S.
Government has a resolve and supports them.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. FLAKE. Mr. President, I wish to thank the Senator from Virginia
for his leadership on this issue. He has been at it a long time. The
two of us have been at it for quite a while. I think this is the year.
This is the time. We are well past time for an AUMF.
I wish to thank the Senator from Kentucky for focusing the Senate's
attention on the 16-year-old authorization for use of military force.
As a freshman Member of the House of Representatives, I voted in favor
of the 2001 authorization on September 14, 2001--almost 16 years ago to
the day--September 14, 2001. I can attest that when I voted for that
law, I had no idea it would still be in effect 16 years later.
Since its passage, more than 300 Members of the House who took that
vote that day, on September 14, 2001--more than 300 Members of the
House are no longer in office. Of the Senators who voted, only 23
remain in the Senate today--23 out of 100. That comes out to about 70
percent of the Congress who has not voted to authorize force against
terrorist groups abroad.
It is long past time for Congress to calibrate the legal underpinning
of the war against terrorism to today's realities. ISIS, for example,
did not exist when the 2001 law was approved. We have learned a number
of things since we voted to go to war with the perpetrators of the 9/11
attacks, and I think it is time to incorporate those lessons into a new
AUMF.
For example, we have learned that no administration is ever going to
want to have the powers granted to it under the 2001 law curtailed. The
Obama administration fought efforts to put an ISIS-specific AUMF in
place, and the Trump administration has signaled it believes the 2001
authorities are adequate, and it does not plan to seek a new AUMF.
We have also learned that crafting a new AUMF that garners bipartisan
support is an especially difficult task. I know, because we have been
trying for a while.
I think we can all agree, the only thing worse than having the 2001
statute in place is a partisan vote on a new AUMF.
Lastly, we have learned that America is strongest when we speak with
one voice, which means Congress needs to have some buy-in. We have to
have some skin in the game. Otherwise, we can simply blame the
administration for any effort overseas.
We can't let wars against new terrorist groups like ISIS be waged
only by the executive branch. We in Congress need to weigh in and we
have to let our allies and our adversaries know we are serious and
committed.
Taking these lessons into account, I think it is imperative for any
future terrorism-related AUMF to include a sunset provision that
requires Congress to put its skin in the game. That way, we can avoid
being put in the position we are in today--having to vote on an
amendment to repeal a law that authorizes force against groups that are
actively planning attacks against American interests.
Ultimately, I cannot support my colleague's effort to repeal the 2001
AUMF in 6 months because of the very real risk associated with
repealing such a vital law before we have something to replace it with.
Fortunately, I know the chairman of the Foreign Relations Committee
remains committed to considering legislation to repeal the 2001 AUMF
and to replace it.
As I mentioned, the Senator from Virginia and I have introduced
legislation to do just that. That legislation, S.J. Res. 43, would
repeal the 2001 law and authorize the use of force against al-Qaida,
the Taliban, and ISIS. It would allow for greater congressional
oversight of what groups can be deemed as ``associated forces'' of
those organizations. It also contains a sunset provision.
So I look forward to working with my colleague from Kentucky and
other members of the Foreign Relations Committee to move an AUMF that
can garner bipartisan support. That is the right way to do it--under
regular order, moving it through the Foreign Relations Committee, and
then bringing it here to the floor, where we can debate and we can have
buy-in, and the Senate can vote on an AUMF and then the House. Then,
the U.S. Government--the Congress and the executive branch--can speak
with one voice.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Massachusetts.
Ms. WARREN. Mr. President, I rise to speak in support of the National
Defense Authorization Act.
The Defense bill has a long tradition of bipartisan cooperation, and
I was glad to join in that tradition as part of the Armed Services
Committee. As with any far-reaching legislation, there are a number of
provisions in this I support and some I do not, but, on the whole, this
bill is a win for national security and a win for Massachusetts.
Massachusetts has a lot to offer our national security. Each of our
military bases is unique in making vital contributions to our defense.
The Massachusetts National Guard has a proud history, dating back to
1636, and it contains the oldest units of the U.S. Army.
Today we are proud of our military tradition, and we have a unique
ecosystem of universities, industries, startups, and military labs, all
focused on the next-generation needs for our warfighters. Research and
development is critically important to this effort. It will literally
save lives. I have made research funding a major priority, and I am
very pleased we have secured an additional $45 million in funding for
the Army's Basic and Applied Research accounts, for places like Natick,
where researchers are doing cutting-edge work to better protect our
soldiers. Overall, the bill increases funding for science and
technology $250 million above the President's budget.
The bill also recognizes the critical role that MIT Lincoln Lab plays
in national security research, and supports the construction of a new
advanced microelectronics integration facility that will begin in 2019.
It also fully funds the Defense Innovation Unit Experimental, or DIUx,
which is doing
[[Page S5207]]
great work connecting DOD with innovative startups in Cambridge and
around the country.
Our military bases, which are the lifeblood of their communities in
Massachusetts, are also receiving much needed facility upgrades.
Hanscom Air Force Base will receive $11 million to build a new gate
complex that will dramatically improve its security. Westover Air Force
Base in Chicopee will receive more than $60 million to construct a new
maintenance facility and build a new indoor small arms range to improve
readiness. Natick Soldier Systems Center will receive $21 million to
improve family housing facilities, bringing our families working at
Natick closer to the base.
All three of my brothers served in the military, and I know the
demands of the military can be hard on families and on servicemembers.
I have spent a lot of time over the last 9 months working hard with
both Republican and Democratic Senators to do everything I can to help
improve the lives of our military personnel and their families. I
partnered with Senator Ernst, a Republican from Iowa, to introduce the
Leadership Recognition Act, which has been incorporated into this
larger Defense bill. Our proposal ensures that our servicemembers get
the pay raises they deserve.
Over the last 15 years, Congress directed the Pentagon to raise
military pay so it was more comparable to civilian wages, but it also
gave the President the authority to waive the requirement to raise
military pay. Unfortunately, that keeps happening, and military
families who are already sacrificing so much don't get the pay raises
they are entitled to.
Our new provision restricts the use of this waiver. We promised our
military their regular pay raises in line with inflation, and they
ought to get those raises, period. This one is a no-brainer. I am sorry
it is taking Congress so long to get it done, but we are there now.
The Defense bill also includes my Service Member Debt Collection
Reform Act. The Consumer Financial Protection Bureau has identified how
unscrupulous debt collectors often take advantage of military
personnel, for example, by alleging that servicemembers owe disputed or
imaginary debts and sometimes even by contacting a servicemember's
commanding officer to intimidate a servicemember into paying a debt
they don't owe. This is outrageous. My provision requires DOD to review
and update its policies regarding harassment of servicemembers by debt
collectors.
Our military personnel are also entitled to educational benefits that
can help them earn a degree or transition to civilian life. However,
too often military members don't actually use these benefits because
they can't navigate a frustratingly complicated and bureaucratic
application process. That is why I offered an amendment to the NDAA to
make sure DOD works with the Departments of Education and Veterans
Affairs to automate the application of student loan benefits available
to military borrowers. These Departments can use this information that
already exists in Federal databases to expedite student borrower
benefits for servicemembers, and there is no reason we shouldn't just
do that right away. This will make life a little easier for our vets,
and it will help put many of them on the road to a better education and
higher earnings for the rest of their lives.
There is another problem in our military that we need to address. I
was appalled earlier this year at reports that some male servicemembers
shared nude photos of their fellow female servicemembers without
consent, and harassed them on a website called Marines United. The
military is not immune to the rise of so-called revenge porn online.
Make no mistake, revenge porn is sexual harassment. DOD concluded in a
May 2017 report that such harassment can lead to sexual assault.
Just last week, I sat with women in Massachusetts who had been
sexually harassed and sexually assaulted during their time in the
military. They volunteered for the military out of a deep sense of
patriotism, and now they are struggling hard to come to terms with what
happened to them. Their sense of betrayal--betrayal by their fellow
servicemembers--ran deep.
Acts like these are deeply wrong, and they undermine unit cohesion
and readiness. The Marine Corps and other services have taken some
positive steps in response to the website scandal, but military
prosecutors need the tools to combat this specific behavior.
Commanders have always had the ability to prosecute disorderly
conduct, but the Uniform Code of Military Justice does not explicitly
prohibit nonconsensual photo-sharing in all cases. To solve this
problem, I teamed up with Senator Sullivan, a Republican from Alaska,
to introduce the Protecting Servicemembers Online Act. Our proposal
closes the revenge porn loophole, making it unlawful under the UCMJ for
military personnel to share private, intimate images without the
consent of the individual depicted. It does this by balancing privacy
protections and survivors' rights, and I am grateful this year's
Defense bill takes similar steps to address this revenge porn problem.
There is more to do to make sure each person who signs up to serve our
country is treated with dignity and respect, but this is a positive
step.
This year's Defense bill also addresses an issue which is very
personal to me--how we care for victims of terrorist attacks. I had
been a Senator for only 3 months when the twin explosions went off at
the Boston Marathon finish line on April 15, 2013, killing three people
and wounding hundreds more. I was on a flight from Boston to DC when
the bombs went off. I didn't even leave the DC airport. I just caught
the next flight back to Boston.
The next day, I met with Jessica Kensky and Patrick Downes. They had
been recently married. When the bombs went off, they were both
seriously injured. Each had a leg amputated at the scene. They were
rushed to separate hospitals, where they underwent more lifesaving
treatments and where Jessica lost her other leg.
When I first saw Jessica, she still had gravel and glass embedded in
her skin--injuries the doctors hadn't yet cleaned up. She was grateful
to be alive, but worried about Patrick. When I first met Patrick, he
had the same question: How is Jessica?
The Boston hospitals at which they received emergency care are among
the world's best, and they saved many lives on that day, but those
hospitals don't specialize in the long-term recovery from such complex
and serious injuries like limb amputation. For that, you need military
hospitals, like Walter Reed National Military Medical Center, but right
now, access to Walter Reed requires a special exemption from the
Secretary of Defense. Jess and Patrick say they owe their recoveries to
the doctors, physical therapists, and prosthetic lab technicians who
treated them at Walter Reed and who have treated thousands of troops
since 2001.
Earlier this year, Senator Collins, a Republican from Maine, joined
me in introducing the Jessica Kensky and Patrick Downes Act, which
would allow all victims of terror attacks to receive treatment at
military medical facilities if there is space available. I hope we will
never see another attack like the Boston Marathon bombing, but this
bill will help us be ready if it happens.
I am glad the Defense bill includes language to implement the policy
in our bipartisan bill, and I am particularly thankful to Senator
Collins for working with me so other victims of terrorist attacks will
be able to access our world-class military medical facilities if they
need them the way Jessica and Patrick did.
The work on servicemember pay, GI student loan benefits, and help for
civilian victims of terror made me proud to be in the U.S. Senate. At
the same time, I worked hard this year to ensure the Defense bill
contains a number of provisions that will strengthen our national
security.
Like my colleagues on the Armed Services Committee, I am concerned
about Russian aggression. Too often this year, this issue has been
obscured by partisan sniping, and it shouldn't be that way. Russia's
attempts to sow global instability are a major national security
threat, and on the Armed Services Committee we have treated it that
way.
Earlier this year, I introduced the Countering Foreign Interference
with Our Armed Forces Act. This bill contains two provisions--one
requiring annual reports on the new and disturbing trend of Russian
efforts to target our military personnel with disinformation
[[Page S5208]]
campaigns and a second bill in response to the Michael Flynn scandal so
DOD will be required to report to Congress when a retired general
officer requests permission to accept payments from a foreign
government. We need to protect our military and our country from
outside influence, and these are two steps we can take right now.
Another area which concerns me is the money we spend to outfit our
military. The DOD buys a lot of goods and equipment, which means it
pays an extraordinary amount of money to government contractors. It
shouldn't be too much to ask those contractors to provide high-quality
products at a reasonable price, to treat their workers decently, and to
knock off any efforts to extort extra profits out of the government. I
am pleased the Defense bill also includes a number of my priorities to
promote these kinds of reforms.
Step one in this process needs to be a full audit of the Department
of Defense. DOD spending makes up half of the discretionary budget, and
yet the DOD--unlike other government agencies--has never been audited.
That makes no sense at all. Senator Ernst and I teamed up to fight for
a provision to incentivize the Department to achieve audit readiness by
mandating a pay reduction for the Secretary of each military service
unit that does not achieve audit after 2020, and we got it passed.
Senator Perdue, a Republican from Georgia, and I joined together to
press the Defense Innovation Board to study how we can improve the way
the Department acquires software.
Senator Rounds, a Republican from South Dakota, and I successfully
fought for a provision requiring DOD to open source software methods
and open source licenses whenever possible for unclassified, nondefense
software, in accordance with best practices from the private sector.
This one is particularly important so contractors can't shake down the
Pentagon for new piles of cash every time DOD needs to upgrade and
improve its software systems.
Finally, after stories about contractors with terrible safety records
continuing to get DOD contracts, one after another, I successfully
secured a provision that will require DOD contracting officers to
consider workplace safety and health violations when they evaluate a
potential DOD contractor. I introduced the Contractor Accountability
and Workplace Safety Act to address this issue, and I am very glad it
has been included in the NDAA.
This Defense bill isn't perfect. I don't agree with all of it. In a
Republican-controlled Congress, I wouldn't expect to agree with all of
it. For one thing, I vehemently disagree with the decision to authorize
funding for research and development for a new generation of
intermediate-range missiles. Everyone knows the Russians have violated
the INF treaty already, but that is not a reason for the United States
to violate this core anti-nuclear proliferation treaty as well. Our
military doesn't want it. Our European allies don't want it. Even the
White House doesn't want it. We obviously don't need it. In a world of
limited resources, spending tons of taxpayer money to build an
unnecessary weapon that will make all of us less safe is a terrible
idea.
I also disagree with the committee's recommendation to zero out the
funding for the Warfighter Information Network-Tactical, otherwise
known as WIN-T. I have listened to the critiques of this system, but
WIN-T Increment 2 is the only tactical communications system the Army
currently has that permits communications on the move. GEN Mark Milley,
the Army Chief of Staff, has noted the importance of remaining mobile
on the battlefield. ``If you stay in one place longer than 2 or 3
hours, you will be dead,'' he said. We should improve WIN-T, not junk
it, and we definitely shouldn't abruptly cancel this program without
having any earthly idea of what will replace it. Fortunately, this
program is not zeroed out in the House version so I will continue to
fight for this during the House-Senate conference.
Finally, I am concerned about the overall increase in defense
spending contemplated by this bill, particularly when there is no real
plan in place to pay for it. The Defense Department is not the only
agency that is critical to our national security, and most of those
other agencies are under attack in this Congress. Moreover, it is
important for us to make the investments we need here at home, to do
things like address climate change and promote resilience after natural
disasters, to invest in scientific research and discovery, to improve
access to healthcare and education, to build new schools, and to repair
aging roads and bridges. We cannot support a buildup in military
spending that leaves our country weakened and unable to build a strong
economy going forward.
Fortunately, the bill we are putting forward today merely authorizes
new defense funding. Actual dollar amounts for Federal spending will be
determined later this year for all of our agencies as part of the
appropriations process. At that point, all spending--defense and
nondefense--will be on the table at the same time. If that process is
going to serve the American people well, it must provide for
significant increases in spending on education, infrastructure, basic
research, and the other building blocks of a strong country with a
vibrant future.
I commend the leadership of Senators John McCain and Jack Reed
throughout this process. Our committee has a long history of
bipartisanship, and Senators McCain and Reed have continued that proud
tradition. This legislation supports our servicemembers and their
families, promotes commonsense Pentagon spending reforms, advances
cutting-edge defense research, and bolsters the Commonwealth's
innovation economy. Most importantly, this NDAA will make a real,
positive impact on the lives of Americans. For those reasons, I intend
to support it, and I urge my colleagues to do the same.
I yield the floor.
The PRESIDING OFFICER. The Senator from Utah.
Mr. LEE. Mr. President, I stand to support my friend Senator Rand
Paul and to encourage my colleagues in the U.S. Senate to support his
proposed amendment to the National Defense Authorization Act.
In the Declaration of Independence, the Founding Fathers lodged the
following grievance against King George III: ``He has affected to
render the military independent of and superior to civil power.''
A decade later, the Founders included a safeguard in the Constitution
so ``civil power''--in other words, the people and their duly elected
representatives--would play an important role in matters of war and
peace. The safeguard takes up all of seven words in the Constitution:
``The Congress shall have Power . . . to declare War.''
Today this safeguard--this crucial check on government--has been
eroded in several ways and in ways many Americans would find downright
alarming.
Congressional authorization for the use of military force is being
used in a contorted way to justify wars with an ever-growing list of
adversaries without any input from Congress or the American people
about whether we should be fighting those wars in the first place.
Senator Paul has submitted an amendment to sunset two such
authorizations: the 2001 authorization of military force against the
perpetrators of 9/11, and the 2002 authorization of military force
against the regime of Saddam Hussein in Iraq.
I support my colleague's amendment because the world has changed and
our adversaries have changed since those authorizations were passed
into law by Congress. Osama bin Laden is dead. Saddam Hussein is dead.
In fact, his statue in Firdos Square came down almost a decade and a
half ago. Yet thousands of American troops are still serving in the
Middle East based on the same authorizations Congress granted more than
a decade and a half ago. Instead of changing these authorizations to
reflect a changing world, politicians have used the old authorizations
to start new wars in countries other than Iraq and Afghanistan against
adversaries that had nothing to do with 9/11.
The 2001 AUMF has been used to justify a drone war across the Middle
East without a debate or a vote in Congress. It has been used to
justify air wars in Libya and Yemen without a debate or a vote in
Congress. It has been used to justify military action against the
Islamic State terrorist group without a debate or a vote in Congress.
Some of these military actions may be justified, but the best way to
determine
[[Page S5209]]
whether they are is to submit them to scrutiny, to debate and vote on
the matter in Congress as the Constitution prescribes.
As many of you know, we are in the midst of sort of a populist
challenge to Washington, DC. Senator Paul and I have listened to
countless Americans voice many of their grievances against Washington.
The gist of their complaint in this area is this: They don't feel as
though their interests are being taken into account in our Nation's
Capital. Bit by bit, they have watched their representatives cede
decisionmaking power to unelected, unaccountable bureaucrats in the
executive branch. They have watched as a Washington consensus has
emerged, a kind of faux consensus shared nowhere else other than in
Washington, DC.
If you understand these concerns that Washington, DC, is deeply
unrepresentative of how much of the country feels, then you understand
a lot about the populist moment. It applies to foreign policy as well
as domestic policy, to how our government conducts itself abroad as
well as at home.
A decade and a half after the terrorist attacks of September 11,
2001, the American people want a place at the table in decisions about
war and peace, about life and death. They want to be represented in
decisions that concern them and their sons and their daughters so
intimately. If we do not give the American people these things, if we
don't listen to their concerns, advocate for them in the legislative
branch and vote on them openly under the light of day in this Chamber,
then we are failing them as representatives, and we are ignoring the
Constitution. That is why I am supporting Senator Paul's amendment. I
hope my colleagues will join me so that this issue can get the vote it
deserves.
Mr. President, I yield the floor.
The PRESIDING OFFICER (Mr. Daines). The Senator from Rhode Island.
Mr. REED. Mr. President, I have listened intently to the discussions
this afternoon with respect to the AUMF of 2001 and the AUMF of 2002,
and all of the speakers have made a point that I think is obvious: We
have to update our authorizations to account for the past 16 years, to
account for the transformation of the threats in those 16 years and
many other factors.
The Paul amendment does not give us that transformative language so
that we can make a reasoned judgment. It simply gives us a 6-month
period of time to work our way through all of the nuances, which are
very complicated and difficult. I think it would unwittingly and
unintentionally cause more difficulties than be an effective way to
urge action and to seek complete action in this Senate and the House
and a signature by the President.
Again, I do understand the concerns of all. I supported the 2001
authorization for the use of military force after the incredible and
shattering attacks on New York City, Washington, and the crash of an
aircraft in Shanksville, PA, and we responded.
Like so many of my colleagues who were here at the time, I did not
expect that 16 years later we would still be engaged in the evolution
of that fight that began on 9/11, but we cannot simply stop and
threaten to pull back our legal framework with the expectation that in
6 months we will produce a new and more appropriate authorization for
the use of military force.
I think we should be on the floor debating such an AUMF. I think it
should have been debated seriously and thoroughly in the Foreign
Relations committee, subject to amendment, and brought forward to this
Senate so that we could debate it. Then we could present it to our
colleagues in the House and ultimately to the President and also do so
in the full view of the American public.
What we are simply doing, if the Paul amendment is adopted, is
saying: If we can't get our job done in 6 months, then we have no legal
authority or questionable legal authority to continue operations across
the globe. It would be an arbitrary 6-month period. I think it would,
unfortunately, send a very inappropriate signal to our troops and to
our allies in the fight across the globe. Also, it would send an
unfortunate signal to our adversaries because it would raise, quite
literally, the possibility, since we have supported the option, of
abandoning our legal basis for conducting many of these operations in 6
months. I think it would be read many places as a signal that the
Senate has essentially declared that in 6 months we are going to de-
authorize our military efforts. I think that signal would be very
disturbing to our troops in the field, to our allies, and it would give
a huge propaganda lever to our adversaries.
The 6-month period is not related to our operations on the ground,
not related to the planning and the operational procedures that are in
place already. It is unrealistic to believe that if we cannot come to
some resolution in 6 months, we could suddenly withdraw our forces or
find some other reason to prosecute these wars and these efforts.
Again, we have to think seriously about what the message would be if
we adopted this resolution. I think the headline might say ``Senate
moves to end involvement.'' I am more certain, after multiple trips to
Iraq and Afghanistan and recently to Syria, that the headline in
Baghdad and Kabul and Damascus would be ``U.S. moves to end
engagement.'' That would cause great concern among our allies. It would
cause great concern among our troops.
Operationally, our planning and staging is not something that is done
in 6-month periods. It takes months and months for military forces to
prepare to go in. Unless we could do something literally next week, we
would be running into the reality of American military commanders
wondering whether they should begin to plan for the extraction of our
forces and the closing of our facilities on these bases. I don't think
anyone here believes, with the workload we have, that we could tackle
this issue in the next week or two.
As the days go by, that contingency becomes more pressing on our
military forces. Those commanders would have to start making serious
plans. Those serious plans would be easily communicated to our allies,
to our adversaries, and to our troops on the ground. As a result, I
think, again, this is not the responsible way to pursue what we all
want, which is a more realistic AUMF, one more resonant in terms of
being consistent with the reality today.
Some people have argued--in fact, this seems to be the most
compelling argument--that this will force Congress to act. Well, I do
think we have to act, but I think what the proponents are missing is
that our action will not be immediate. As we look ahead, we have
recesses that we will observe; we will have other requirements; we have
to get appropriations done. We have a host of legislative items. If
this effort takes a backseat and we approach the 6 months again, the
difficulty of conducting military operations will be significantly
complicated. What is intended to be a forward effort in Afghanistan
will gradually begin planning for withdrawal, even if at the last
moment we come forward with a new authorization.
We have to think about those things because it does affect the troops
who are defending us today, it does affect how much our allies will be
supportive of our efforts, and it will also, as I indicated, give our
adversaries the argument that they have used repeatedly--that the
United States is going. It was pointed out years ago on one of my first
trips to Afghanistan--a saying has become commonplace where the Taliban
would say: ``You all have the watches, we have the time.'' And what we
are doing with this measure is once again giving them the time so they
can predict or proselytize with more power that our presence will be
diminished.
Secretary Mattis and Secretary Tillerson have written to the Senate
leadership expressing their concerns with this approach, and I
immensely respect both gentlemen. I particularly respect Secretary
Mattis for his service. He has been on the ground. He knows what it
takes to lead marines, soldiers, airmen, and sailors in action. They
are quite concerned. They are concerned about issues, too, to which we
have not devoted full attention.
As Secretary Mattis and Secretary Tillerson indicate, there is a
strong argument that the legal basis for continuing to hold captured
combatants at Guantanamo Bay would be taken away and that these
individuals could, through our courts, apply for habeas corpus and
could likely be released--
[[Page S5210]]
something that I don't think anyone would want to see. The presence of
an AUMF provides a legal basis for holding these very dangerous
combatants at Guantanamo Bay.
I think it could also affect our ongoing operations against
terrorists throughout the globe, particularly our military operations,
our special forces operations that are focused on terrorists connected
to Al-Qaida, connected to ISIS, connected to those groups who have,
over several administrations, been included within the scope of the
AUMF.
To a point my colleagues have made, administrations going back to
President George W. Bush, the Obama administration, and now the Trump
administration--particularly in the case of the Obama and Bush
administrations--have adjusted the AUMF to confront new circumstances,
such as the rise of ISIS, et cetera. They have done so, though, in the
context of a congressional statute, not because of the expansive power,
under article II of the Constitution, of the President to defend the
United States. One issue here is, again, do we want to put ourselves in
the position where there is no governing law; rather it is simply that
article II of the Constitution that provides the legal basis?
For many reasons, I hope we will think carefully about our role with
respect to Senator Paul's amendment. He has been tireless in his
advocacy--``relentless,'' I think, is probably a better word. He is
doing so with the utmost integrity and the utmost commitment to doing
what he thinks is in the best interest of the United States.
I come here today to point out what I think our consequences would
be, which would be very serious and very detrimental to ourselves,
particularly our troops. I ask all of my colleagues to think clearly
about what we are doing. We should and we must replace the AUMFs--both
of them; however, until we have a replacement, we shouldn't create a 6-
month period of uncertainty, doubt, and confusion. That is what it will
be because it will affect our soldiers, our allies, and in some
respects, give more leverage to our adversaries.
With that, I yield the floor.
The PRESIDING OFFICER. The majority leader.
____________________
[Congressional Record Volume 163, Number 148 (Wednesday, September 13, 2017)]
[Senate]
[Pages S5253-S5474]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018
The PRESIDING OFFICER. The clerk will report the bill.
The senior assistant legislative clerk read as follows:
A bill (H.R. 2810) to authorize appropriations for fiscal
year 2018 for military activities of the Department of
Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other
purposes.
Amendment No. 1003
(Purpose: In the nature of a substitute)
Mr. McCAIN. Mr. President, I call up substitute amendment No. 1003.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Arizona [Mr. McCain] proposes an amendment
numbered 1003.
Mr. McCAIN. I ask unanimous consent that the reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Amendment No. 871 to Amendment No. 1003
Mr. McCONNELL. Mr. President, I call up the Paul amendment No. 871.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell], for Mr. Paul,
proposes an amendment numbered 871 to amendment No. 1003.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To repeal the Authorization for Use of Military Force and the
Authorization for Use of Military Force Against Iraq Resolution of
2002)
At the end of subtitle E of title X, add the following:
SEC. ___. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE
AND AUTHORIZATION FOR USE OF MILITARY FORCE
AGAINST IRAQ RESOLUTION OF 2002.
Effective as of the date that is six months after the date
of the enactment of this Act, the following are repealed:
(1) The Authorization for Use of Military Force (Public Law
107-40; 50 U.S.C. 1541 note).
(2) The Authorization for Use of Military Force Against
Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541
note).
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. Mr. President, I understand Senator Paul is on his way to
discuss his amendment.
Mr. President, I ask unanimous consent for the following Members to
be recognized for debate: 15 minutes for Senator Cardin, 5 minutes for
Senator Murphy, 7 minutes for Senator Moran, and 15 minutes for Senator
Paul, and that following Senator Paul, Senator Corker be recognized.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCAIN. For the information of my colleagues, in approximately 45
minutes, the Senate will have a vote on a motion to table the Paul
amendment, which means around 12:15 p.m.
The PRESIDING OFFICER. The Senator from Maryland.
Mr. CARDIN. Mr. President, earlier this week, we commemorated the
16th anniversary of the attack on our country on September 11. It was a
day that I think none of us will ever forget. We were attacked, and we
wanted to take all necessary action to protect our country and go after
those who perpetrated this attack against America.
I was part of the Congress at that time and was part of the Congress
that passed the 2001 authorization for the use of military force that
was targeted toward Afghanistan, and I was part of the Congress that
when we took up the 2002 authorization for use of military force
against Iraq, I voted against that authorization.
It has now been 14 years after the U.S. invasion of Iraq and the end
of the Saddam Hussein regime. Yet we still have the authority for the
use of military force against Iraq, and it is still being used. It is
time for that authorization to end. I take this time to support Senator
Paul's efforts to put a termination date on the 2002 authorization and
to put a termination date on the 2001 authorization.
The 2001 authorization was the first we passed. It was done virtually
unanimously. There was some objection, but very few, because we wanted
our country to hold those responsible in Afghanistan for the attack
against America. That authorization is now 16 years
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old. Let me read for my colleagues exactly what that authorization
said, what we passed 16 years ago:
That the President is authorized to use all necessary and
appropriate force against those Nations, organizations, or
persons he determines planned, authorized, committed, or
aided the terrorist attacks that occurred on September 11,
2001, or harbored such organizations or persons, in order to
prevent any future acts of international terrorism against
the United States by such nations, organizations or persons.
That is the authorization. It is pretty specific. It is pretty
specific to go after those who were responsible for the attack against
the United States that was centered in Afghanistan, and it was used for
that purpose. Our military took action against Afghanistan as a result
of the attack against our country, and that was authorized by Congress.
It is hard to understand how you can get from the reading of this
authorization of the use of military force today as congressionally
authorized against ISIS in the Middle East, in Africa, or anywhere in
the world, but that is the interpretation that has been given to the
action of Congress in 2001. I think that interpretation cannot be
defended.
Congress has a responsibility to act. We have a responsibility to
specifically authorize the new threats that we have against our country
and what military force is appropriate. That is our responsibility.
This is a different threat than we saw 16 years ago. It is our
responsibility to give congressional authorization for the use of
military force. Some say it cannot be done. Well, if it can't be done,
then we don't agree on the authorization of force.
Let me just remind my colleagues that the Senate Foreign Relations
Committee, over 3 years ago, passed an authorization for the use of
military force. We came together in our committee, and I know Senator
Kaine and Senator Flake have worked on a proposal that is certainly
much more focused toward the current circumstances. Some of us may have
amendments to that, some of us may disagree with it, but that is the
debate we should be having. There should be no debate that the 2001
authorization does not apply to our current circumstances.
We should pass an authorization that is tailored to allow the
President to effectively go after the direct threats to the United
States. That is our responsibility. We owe it to the American people
and we owe it to the men and women who serve in our military to give
them clear authority from Congress in their military operations. There
clearly needs to be direction given by Congress. We have seen an abuse
of the 2001 authorization, so we need to be pretty clear.
I must tell you that I have heard over and over again from our
generals that there is no military-only victory against ISIS. We can't
win this by a military victory alone. We need to make sure that there
are leaders in countries that protect their citizens, not only their
physical security but good governance in their human rights.
We have new challenges we need to deal with--cyber threats against
the United States. We are concerned about a physical caliphate; now we
are concerned about a virtual caliphate as we take more and more of the
territory away from the ISIS forces. So that is what we need to do.
Senator Paul's amendment gives us that opportunity by saying quite
clearly that the 2001 and 2002 authorizations need to end--need to
end--that we don't today have clear authorization from Congress to
pursue the military campaign against ISIS, and we need to have that.
There are some who say: Well, what happens if we don't meet that
deadline? Well, let me tell you something. The President has plenty of
authority. Read article 2 of the Constitution. He has the inherent
power to protect our country and our national security, and he can take
action in order to do that.
I was particularly struck as to why we need the Paul amendment when I
received a letter in my capacity on the Senate Foreign Relations
Committee from Secretary Mattis and Secretary Tillerson. You see, the
Senate Foreign Relations Committee was having meetings, trying to
figure out how to proceed on the authorization for the use of military
force. During one of those meetings, we had the opportunity to have
Secretary Mattis and Secretary Tillerson before us, and we had a candid
discussion about what type of authorization would make sense. It was
done in a closed setting so we could have a candid discussion, and I am
not going to reveal the specifics because I thought that is what we
should be doing. But I can tell you, I left with the impression that
there was room for Congress to work with the administration on the
authorization of force, and I was hopeful that we were going to have an
open hearing in the Senate Foreign Relations Committee, the committee
of jurisdiction, on the AUMF.
We had similar discussions under the Obama administration. As a
result of those discussions, President Obama submitted to Congress what
he believed would be an appropriate authorization for the use of
military force. That authorization was never taken up, but he asked for
it.
Well, just recently, we received notice from Secretary Tillerson and
Secretary Mattis that the President does not want Congress to adjust
the authorizations because he has adequate authority to do what he
wants to do. I understand that. If you take their interpretation--it is
not just this administration; it is prior administrations'
interpretation of the AUMF--they have a blank check. But that is not
our responsibility being carried out.
We are the ones who are responsible for the authorization of force,
not the President of the United States, and according to this
President, he has blank-check authorization from Congress.
So it is our responsibility to make sure that when our men and women
are sent into harm's way, they have direct authorization from the
Congress of the United States unless, by the way, there is an urgent
situation that requires the President to act, which he can do under
article 2.
So I urge my colleagues that we have a chance to start this debate
right here and now by supporting the Paul amendment, and I intend to do
that.
With that, I yield the floor.
The PRESIDING OFFICER. The minority whip.
Mr. DURBIN. Mr. President, I want to stand in support of the
statement just made by my colleague from the Commonwealth of Maryland.
He knows, as I know, that our responsibilities as U.S. Senators include
important votes. Some of the votes we cast will blur into history, and
we will be hard pressed to remember them. But certainly any vote
involving sending America to war is a vote you will never forget--at
least not this Senator. Many of those votes cast over the years in the
House and the Senate have created sleepless nights before the vote
because you understand that even under the best of circumstances,
people will die as a result of your vote. Not just the enemy but even
our own risk their lives and die in defense of the United States.
It was 9/11/2001 when this U.S. Senate was faced with the awesome
responsibility of voting to go to war. There were two votes. The first
was on the invasion of Iraq. There were 23 of us--22 Democrats and 1
Republican--who voted against the authorization for the use of force
and the invasion of Iraq. I continue to believe that when it comes to
foreign policy, it is the most important vote that I have ever cast.
Twenty three of us voted no.
The second vote was on the invasion of Afghanistan and a different
vote completely. We had just gone through 9/11, and 3,000 innocent
Americans had been killed. The images are still in my mind--and will be
until I die--of what I saw as a result of that heinous attack, that
atrocious attack by terrorists on the World Trade Center, on the
Pentagon, and, of course, what happened in the fields of Pennsylvania.
So the vote came to the floor, and they basically said: When it comes
to the invasion of Afghanistan, we are going after the people
responsible for
9/11. I joined every other U.S. Senator of both political parties in
voting yes. We had to make clear to terrorists around the world that
when you strike the United States, you will pay a price. We will hunt
you down, we will find you, we will bring you to justice or bring you
to your end on Earth. I voted for it, and I knew it was the right thing
to do. That is what I was sent here to do.
Little did I realize, having cast that vote 15 or 16 years ago, that
I wasn't
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just voting to go after the terrorists responsible for 9/11; I was
voting for the longest war in the history of the United States of
America, a war that continues to this day in Afghanistan. I don't think
there was a single member of the Senate--either party on the floor--who
would have believed that was what we were voting for. It has happened.
To date we have lost almost 2,400 American lives, tens of thousands
have been injured in Afghanistan, billions and billions of dollars have
been spent, and there is no end in sight. Who is responsible for that?
Ultimately, Congress is responsible for that. The Constitution and the
people who wrote it made it clear that we have the responsibility to
declare war. It is a responsibility that may have clarity in the
Constitution, but it is one that we don't accept willingly in most
circumstances. Most Members of the Senate will acknowledge that
constitutional opportunity and authority, but they don't want to cast a
vote for fear that they are going to vote an incorrect way as history
will judge.
Now we have a proposal by Senator Paul of Kentucky. It is one that I
think should be supported by every Member of the Senate. What it says
is this: Within 6 months, the authorization for the use of military
force we voted for so long ago is going to be eliminated, and we, in
that period of time, have to come up with a new authorization that
reflects the new reality of the threat against the United States. That
is our constitutional responsibility. The President, as Commander in
Chief, always must step up and defend America, but when it comes to the
declaration of war, that is the responsibility of Congress.
I will be supporting this effort by Senator Paul. I believe it is
consistent with our constitutional responsibility, and I believe it is
also time for us to renew the debate as to our future in Afghanistan, a
war that has claimed so many American lives, created so many
casualties, and cost us so dearly. It is time for us, on behalf of the
American people, to engage in that debate again.
I yield the floor.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. MURPHY. Mr. President, first let me lend my support to efforts to
bring amendments before the floor later today or later this week with
respect to strengthening our Nation's ``Buy American'' laws. This has
been a cause that I have been working on for almost my entire career in
the U.S. Congress, and it is about time we start making sure that when
we are spending billions of dollars for the U.S. military, we
prioritize American companies so that we don't allow for those dollars
to flow overseas when we have companies in Connecticut, North Carolina,
and Illinois that can do the work. This is important, and I hope we
take some votes on these measures that I think will draw bipartisan
support either this week or next.
I do rise, though, to lend my voice, as well, to the amendment being
offered by Senator Paul. Let me stipulate that this is an extraordinary
amendment to sunset an authorization of military force that currently
provides the legal authorization for our continuing military efforts to
take out al-Qaida as they try to plan attacks against the United States
and our allies. It is time for extraordinary measures because we have
simply not done our constitutional duty in declaring and authorizing
war.
I would argue, as many of my colleagues do, that no matter how
necessary it is for the United States to take the fight to ISIS, as we
have in Iraq and Syria and other places around the world, that is not
currently authorized by the U.S. Congress, and it is a fairly
extraordinary leap of statutory interpretation to think that an
authorization to attack al-Qaida, the perpetrators of the attacks on 9/
11, allows you then to conduct a global war with almost no limits
against this new enemy.
To me, if we don't reauthorize military action against ISIS, perhaps
against other foes that we confront, then I am not sure the Congress
will ever again authorize war. Why? It is a lot harder to authorize
military action today than it was a century ago or 50 years ago. We
aren't marching conventional armies across a field against one another.
We aren't signing neat peace treaties that provide a clear end to
hostilities. The enemy is shadowy and diffuse and perpetual, and
victory now is harder to define than ever before. It is very easy for
the U.S. Congress to just step back and say that authorizing military
force is too hard. It is too difficult, so we outsource it to the
executive branch to decide who we fight, where we fight, when we fight,
and how we fight. That is not what the Founding Fathers imagined, and,
in fact, there is very good reason to vest in the Congress the sole
authority to declare war. If I thought that we were going to do this
without the sunsetting of the existing AUMFs, then I wouldn't support
this extraordinary measure. I have been here long enough to know that
it is far too easy and convenient for this Congress to allow for an
Executive, whether it be a Republican or Democratic Executive, to
define the parameters of war and to name new enemies who have not been
before this body for debate.
So I think it is time for us to sunset these authorizations, and I do
think that with that pressure, we will be able to come up with a new
authorization that gives our military and our Executive what they need
in order to continue the fight against groups like ISIS, while
protecting the interests of our constituents, who, frankly, by and
large, no matter what State they are from, do not want the President of
the United States--this or any other--to have an unchecked ability to
bring the fight to anyone, anywhere around the globe.
I will just state, take a look at the way in which the President
suggested he was authorized to take action against the Assad regime as
evidence of how unending the current interpretation can be. The
justification for that action was because it was next to action being
taken against ISIS, which was authorized because ISIS has some familial
relationship to al-Qaida. That is three or four steps removed from any
debate this body has ever had. That is not what the Founding Fathers
intended.
I am going to support Senator Paul's amendment. I will then
vigorously work with my colleagues to try to craft an authorization
that gets the job done. It is about time.
I yield the floor.
The PRESIDING OFFICER. The Senator from Kansas.
Mr. MORAN. Mr. President, thank you.
Prior to arriving in the U.S. Senate after the election of 2010, I
was a Member of the House of Representatives, and I am one of the 30
percent of us in Congress today who were here in 2001 and approved the
use of military force in response to the terrorist attacks of 9/11.
I hate to say this at this moment because the vote is so closely
pending, but I don't know what the right answer to this question is--
the one we face today. I firmly believe that it is the U.S. Senate and
U.S. Congress's authority and constitutional responsibility to declare
war. I worry that the resolution that is before us only eliminates the
current resolutions, only eliminates the current authority. What is
missing is the followup.
I just heard my colleague from Connecticut indicate that he will work
vigorously to see that we have the opportunity to vote for a resolution
authorizing force, but in some ways we have the cart ahead of the
horse.
I will be the one who will always argue that it is our
responsibility, it is Congress's responsibility to make these decisions
as determined by the U.S. Constitution. It gives us that authority and
that responsibility. The question in my mind is, Is it prudent to
eliminate the authorization today before we have a new authorization in
place? And I don't know the answer to that question.
While I have heard my colleagues say we will work to accomplish that,
having experienced the U.S. Senate now for the last 7 years, I worry
that a 6-month opportunity will be forgone, those authorizations may
not occur, and, at best, once again the U.S. Senate may be presented
with a fait accompli, which is, here is a resolution authorizing force.
We are out of time. The 6 months is gone. Take it or leave it.
We will have a gun to our heads to approve, in an expeditious way,
something that is not really what I would be supportive of. Once again,
I will have
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the dilemma: Do I vote for some authorization of force even though it
is not the one that is well thought out?
If I thought we were going to do an authorization of force, I would
have expected it to have occurred already. I commend Senator Corker,
the chairman of the committee, and many of my colleagues who have
worked to put an authorization--a resolution in place and voted it out
of committee, but no vote has occurred on the U.S. Senate floor, and no
vote has occurred in the U.S. House of Representatives. I don't know
whether we are setting the stage for us to be once again in a position
of ``Here it is; take it or leave it,'' or worse than that, I suppose,
is leaving those who serve our country in a position of not knowing
whether their Congress supports their efforts.
It is not as if this is prospective; we already have troops on the
ground in Afghanistan. I just returned from Afghanistan. That was my
fourth visit there. I was there over the Labor Day weekend. I came to
the conclusion that we belong in Afghanistan. I don't believe this is
about rebuilding Afghanistan as much as it is about protecting
Americans. There are 21 terrorist organizations at work in Afghanistan,
out to kill citizens of the United States, attack us, and we have the
Government of Afghanistan allowing us the opportunity to be engaged in
a battle to defeat those terrorist organizations.
The idea that we would walk away--in fact, I heard my colleagues
earlier talk about how long we have been there. Does anybody talk about
how long terrorism is going to be with us? So the idea that we should
set a parameter for our timeframe, knowing that we are engaged in a
great battle for the future of our Nation with terrorist organizations
that want us dead, seems to be the wrong way to look at this issue. I
don't know what the right timeframe is, and I am saddened that we are
still there, but it is not a matter of time, it is a matter of
accomplishment of the mission of ending terrorist attacks against the
United States. Nine-eleven remains fresh in my mind.
So the issue we face is, Does this resolution offered by the Senator
from Kentucky put us in a position in which we finally do what we are
supposed to do, which, in my view, is authorize, declare war--not
necessarily an authorization of use of force, but whatever that
mechanism of authorization is, does this resolution, this vote we will
take today, does it put us in a position to take advantage of the
circumstance in which Congress finally utilizes its authority and
accepts its responsibility? I don't know the answer to that question.
We are making progress in Afghanistan. The greatest evidence of that
to me was my visit to Bagram, to the hospital, during which I learned
that 84 percent of the patients at the hospital are Afghani, not
Americans.
I support the statement of strategy by the administration in regard
to our efforts in Afghanistan and particularly the need to deal with
Pakistan as a sanctuary.
The last thing I would want to do, having just returned from visiting
with troops, including many Kansans, is make a decision today that they
are no longer supported by Congress.
Going to war is something that, in my view, has been too easy in the
United States, and we have had Presidential leadership for a long time
that has downplayed the importance of war. We have been told that it
will be easy, that oil revenues will pay for the war. It seems as if
our political leadership in this country wants the American citizens to
believe that we can go to war and that they will not suffer any
consequence or participate in any way.
Declaring war and the authorization of use of military force by
Congress brings the American people into this, rather than downplaying
the significance and sacrifice. It makes certain that others, not just
our military men and women and their families, make a sacrifice, that
we are all in this together, and would involve Congress making a
decision that this endeavor, whatever it is, is worth the potential
loss of life by Americans who serve in our military.
These are difficult and challenging but important decisions, and I
want to work with my colleagues to find the right solution--not just to
walk away from a resolution but to make sure we have in place something
that gives the authority to our troops to succeed.
Mr. President, I ask unanimous consent that Senator McCain be
recognized prior to Senator Corker's speaking time.
The PRESIDING OFFICER. Is there objection?
Mr. REED. Mr. President, reserving the right to object, I ask if the
Senator from Kansas would modify the request and I be allowed to speak
for up to 5 minutes before Senator McCain?
Mr. MORAN. Mr. President, I modify my request and ask unanimous
consent that Senator McCain and Senator Reed be recognized prior to
Senator Corker's speaking time.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from Kentucky.
Mr. PAUL. Mr. President, for the first time in 15 years, we are
debating the congressional role in the declaration of war.
We have fought the longest war in U.S. history under an original
authorization to go after the people who attacked us on 9/11. That war
is long since over, the war has long since lost its purpose, and it is
long past time that we have a debate in Congress about whether we
should be at war.
It is the constitutional role of Congress. Interestingly, the folks
you have heard on either side of the issue have said it is our job. It
is what we should be doing. Yet we haven't done it for 16 years. Who in
their right mind thinks that Congress is actually going to do their job
without being forced to do their job?
My resolution is actually silent on whether we should still be at
war. My resolution simply says that the resolutions we have previously
passed will expire. I don't believe they have anything to do with the
seven wars we are involved with currently, anyway, but if we were to
force them to expire, we would then have a debate.
But for those who say: Yes, Congress should exert its authority;
Congress should be involved in the initiation of war--they don't really
believe that unless they are going to vote that way. What will happen
is the continuation of the same--that we abdicate that role and let the
President do whatever he wants.
It is worse than that. Let's say that we were to vote for my
resolution and that the authorization to go to war after 9/11 expired.
Do you think any of the wars would end? No. The neoconservatives and
the neoliberals believe the President has unlimited authority. They
call it article II authority for war. There is some authority given to
the President--an enormous amount of authority--to execute the war but
not to initiate the war. The sole duty of initiation of war was given
specifically to Congress.
So if these authorities were to expire--the President already says: I
have all the authority I want under the Constitution to do whatever I
want. But that is not what our Founders wanted. Madison, if he were
here, would vehemently disagree. Madison wrote that the executive
branch is the branch most prone for war; therefore, the Constitution,
with studied care, vested that power in the legislature. It was
supposed to be difficult to go to war.
Some wrung their hands and said: Oh, the Senate can never agree on
any authorization to go to war. How long did it take us after Pearl
Harbor? Twenty-four hours, and we declared war on Japan. How long did
it take us after
9/11? It took 3 days. We can come together as a body when we are
attacked, when we are unified in purpose. But guess what--after 16
years, it is difficult to determine the purpose in Afghanistan.
Also, those who say: We need a new authorization, but it is going to
authorize war anywhere, anytime, with no geographic limit and no time
limit--basically they would be authorizing everything we are doing now
and not putting any limitations on it. We are in Yemen. We are aiding
and abetting the Saudi war in Yemen. Yet there has been no vote on it.
Seventeen million people live on the edge of starvation because of the
Saudi blockade and bombing campaign. We are aiding and abetting that.
Yet there has been no vote here in Congress.
Look, we have problems here at home. These wars are costing trillions
of dollars. They are unauthorized. We
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have not voted on them. And I say, look, let's pay attention to some of
the problems we have here at home. We are going to have a $150 billion
tab for the Hurricane Harvey damage in Texas. Yet we continue with
unauthorized, unconstitutional, undeclared war. I think it is time to
think about the problems we have here at home. I think it is time to
think about the $20 trillion debt we have. But we still have this
wringing of hands and gnashing of teeth, saying: What if Congress
doesn't do its job? What if we allowed this authorization of force to
expire and we didn't get another one?
The thing is, that is abdicating your constitutional duty. The duty
is to do what is within your constitutional duty. It is not to say:
Well, the other Congressmen won't do their job, so I am not going to do
my job.
Our job is to enforce, obey, and execute the Constitution. The
Constitution says Congress shall declare war. It doesn't say the
President can go to war anytime, anywhere around the globe. It says
Congress shall declare war. So for the first time in 15 years, we are
debating whether Congress has a role in this.
Those who vote no against my resolution are basically voting--even
though they will say otherwise, they are voting to say: Well, let's
just let the status quo go on. The President can do what he wants. It
is too emotional, it is too controversial to debate war. So we will
keep letting the President do whatever he wants.
My vote is to grab power back. My vote is to say: The Senate has
prerogative here. The Constitution gives the power to the legislature.
That is what this vote is about. It is about grabbing back the power to
declare war and saying this is a Senate prerogative. So the majority,
in all likelihood, will say: No, we do not want to do that. We think
that would risk some war somewhere, sometime.
That is the point. We should be debating where we should be at war.
Should we be at war in Somalia? Should we be at war in Libya? Should we
be at war in Yemen? Should we be at war in Iraq, in Syria, in
Afghanistan?
Look, President Obama ran on ending the wars; yet he ended up taking
the war and bombing campaign to seven countries without his having any
authorization. Intriguingly, the left was relentless in criticizing
George Bush; yet George Bush did come to Congress. We had a vote to go
after those who attacked us on 9/11. We had an ill-fought campaign with
regard to the Iraq war, but we did actually vote on it. We have not
voted for a generation. Should one generation be able to bind another
generation?
Realize that, if we do not force these authorizations to expire, this
war could go on forever. This is 1984. This is George Orwell's saying
that Oceania has always been at war with East Asia and then, a month
later, his saying that Oceania has always been at war with Eurasia--
because no one is stepping up to say no. That is what Congress is
supposed to do. We are supposed to be a voice that debates and asks:
Should we go to war? It is part of doing our job, but the only way to
get Congress to do its job is to actually let these expire.
We should have a full-throated debate over who initiates war. There
is no murkiness to the Constitution. The Constitution is explicit. The
power of the initiation of war--the declaration of war--lies with
Congress, but the war in Afghanistan has gone on for 16 years now. Our
young men and women who will be fighting in the war in the next year or
so were not yet born on 9/11. We have long since killed the people who
perpetrated 9/11. With the killing of bin Laden, there is no person
left in the leadership of al-Qaida or the Taliban who was around at
that period of time. Yet we say: Well, it is still the Taliban. If you
are going to say that we are going to fight until the end of time--that
we are going to have a perpetual war until the end of time--and that we
are going to kill every radical Islamist in the world, it is an
impossibility.
I would say, at the very least, let's have a debate. If that is your
purpose, if that is your goal, and if that is what you stand for, step
forward, and let's have a debate. Let's debate the war in Yemen. Let's
debate the war in Somalia. Let's debate whether we should be bombing
people in Nigeria. Let's debate whether we should be in Syria, Iraq,
Iran, Afghanistan. Let's have a debate about all of these different
wars. Let's not just muddle on and say: Oh, the President can do what
he wants.
Realize that the people in this body who are for perpetual war do not
even think we should have any role in it. They tell me quietly every
day that the President can do whatever he wants under article II of the
Constitution. That is absolutely false. Read the Federalist Papers.
There is extensive debate over the war-making power. From Washington,
to Adams, to Jefferson, to Madison, they all said very explicitly: We
give this power to Congress because we fear the perpetual wars that we
have seen in Europe. We fear the wars of brother fighting brother and
brother fighting cousin within these royal disputes that went on
endlessly in Europe. He set up our founding document to try to make war
difficult, but when we have been attacked, it has been easy to come
together. For 9/11, virtually unanimously, we came together within 3
days. For Pearl Harbor, it was within 24 hours.
What I would say to my colleagues is: Do your job. This is your
constitutional role. Let's let these expire, and over the next 6
months, let's debate whether we should be at war and where.
I, for one, am one who says that we should oppose unauthorized,
undeclared, unconstitutional war. At this particular time, there are no
limits on war. The 9/11 proclamation has been interpreted so widely
that it could mean anything. You have people who interpret it widely,
but you also have people who say that the Constitution says that the
President can do anything. This is not what our Founding Fathers
intended.
I am proud to be a part of and an instigator of the debate. For the
first time in 15 years, the full Senate will vote on whether we have a
role in initiating war, whether we should continue to be at war, or
whether we should even vote on whether we should continue to be at war.
I urge the Senate to adopt my amendment, which would be a 6-month
moratorium--a 6-month sunset--on the 2001 and 2002 resolution so that
we could then have the real debate. But mark my words: Those who will
come out and say that they are for the real debate are not really for
it unless they are willing to sunset it, because we have been going for
16 years without having a real debate. There will be no real debate on
war unless we pass this resolution.
I yield back my time.
The PRESIDING OFFICER (Mrs. Ernst). The Senator from Rhode Island.
Mr. REED. Madam President, Senator Paul has been relentless in doing
something that has to be done, which is the revision of the AUMFs from
2001 and 2002. Yet there is sort of a simple notion that you cannot
replace something with nothing, and we have nothing. This is 6 months
of more time when, in the last 16 years, even at the request of a
President, we have not been able to come together as a Senate. I don't
know where the House is on this, but I think that it is equally
befuddled in providing the kind of specific language we need for an
AUMF.
This would be a different debate and a different vote if we were to
have before us an actual AUMF that would immediately supersede the
existing authorities. Without such an AUMF, we are going to cause
confusion, and we are going to cause disruption among our forces and
our allies. In my having spent a little bit of time in the Service,
when there is a possibility that in 6 months you will have to cease
operations, you begin planning almost immediately for those operations.
By the time we get around to actually even considering this--since I do
not think there are any plans to do it immediately--we could see 3 or 4
of those months evaporate. With each passing day, the concerns about
redeployment and repositioning and authorities become more pressing to
the military. Not only that, but even if they are sophisticated in
understanding that it is not yet the law of the United States, our
allies will read this--will see it--as a signal that we are weakening
in our cooperation.
What we have seen over the last several months, in Iraq particularly,
has
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been effective Iraqi indigenous forces in close cooperation with U.S.
special operations and other forces, and they have made progress. They
will have political blowback in Baghdad and Kabul, especially if this
provision passes. Then I think, very adroitly, our adversaries will
take advantage of this. The newspapers and the social media that they
control--and, unfortunately, they control a great deal in all parts of
the world--will make this very simple: the United States to leave, the
United States restricting authority. Those are the practical
consequences.
Again, this would be an entirely different debate and an entirely
different vote, I think, if we were looking at a real replacement for
the AUMFs of 2001 and 2002. So I would urge my colleagues to think not
just about the constitutional imperatives--the congressional
authorities to declare war, the Presidential authorities under article
II--but to think about the practical and almost immediate consequences
to those in the field, to our allies, and also of the possible ways in
which this act could be used by our adversaries.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. Madam President, I want to discuss the amendment, which
has to do with the importance of the authorization for use of military
force in the ongoing U.S. operations against violent extremist
organizations.
First of all, it is important to acknowledge why our current fight
against terrorism is necessary. Earlier this week, we commemorated the
anniversary of the September 11 terrorist attacks, which took the lives
of thousands of innocent Americans, shook our Nation to its core, and,
importantly, brought us together in common resolve to make sure that
kind of tragedy would never, ever happen again.
In pursuit of that noble goal, thousands of brave men and women in
uniform are currently deployed in Afghanistan, Iraq, and many other
places. No matter what else we do in this body and on this legislation,
we must always ask ourselves if we are doing everything we can to
support those servicemembers as they risk their lives to defend us.
At the same time, we must recognize the ways in which the current
conflict is different from when Congress passed the first authorization
for use of military force in 2001. The landscape of the global fight
against terrorism has changed dramatically with the emergence of ISIS
and the spread of the threat beyond Afghanistan and Iraq. That is why I
and many others have long called for updating the AUMFs.
Yet the nature of the conflict remains the same: Terrorist
organizations continue to warp the religion of Islam and promote a
radical ideology to recruit new fighters and plot violent attacks as
part of their jihad against the United States of America and all that
we stand for.
As chairman of the Senate Armed Services Committee, I am open to a
process that would develop a new AUMF specific to the current fight
against ISIS and other terrorist organizations as identified by the
administration. I would be very willing to work with my colleagues,
including the chairman and ranking member of the Foreign Relations
Committee, as well as the Senator from Kentucky, to ensure that the
legislation proceeded under regular order and included hearings, a
committee markup, and a floor amendment process that ensured that each
Member of this body was able to have his or her voice heard.
Haven't we had enough of bringing things to the floor without
hearings, without amendments, without debate? I am confident that an
overwhelming bipartisan majority of my colleagues would agree to
approve the use of military force against the vicious, brutal enemy
that we face in ISIS and its associated forces.
The amendment before us now falls far, far short of that process.
Repealing the 2001 and 2002 AUMFs without simultaneously passing a new
authorization would be premature, it would be irresponsible, it would
threaten U.S. national security, and it would inhibit our democracy-
building efforts abroad.
As we speak, we have troops deployed overseas who are engaged in the
fight against ISIS, al-Qaida, the Taliban, and other violent extremist
organizations. Repealing the existing AUMFs without having a
replacement would jeopardize the legal authority for ongoing military
operations. I cannot stand by silently as this body considers taking
any action that would put our currently deployed servicemembers at
risk.
It is also important to recognize that adopting this amendment would
embolden our enemies and would send a signal to the members of the U.S.
Armed Forces who are serving in Afghanistan, Iraq, and elsewhere that
Congress and the American public no longer support their mission and
their sacrifice. We cannot send that message, because it is not true.
In closing, I agree with those who support this amendment that the
time has come for a new authorization for use of military force in the
global fight against terrorism, but this amendment is, simply, not the
way to do it. Rather than repealing the existing AUMFs without passing
a new authorization, I urge my colleagues to work together on a new,
bipartisan AUMF that addresses the threats we face today.
There are many Members on both sides of the aisle who have been
working together on AUMFS, including the chairman of the Foreign
Relations Committee. That is a process in which I would be proud to
participate, and it is one that would honor those who are currently
deployed in harm's way, fighting to make sure that our Nation never
sees another day like 9/11. But I cannot support anything that fails to
provide our men and women in uniform with everything they need--
including the legal authority--to keep our Nation safe.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Madam President, I agree with so much of what the Senator
from Arizona just said.
We are getting ready to go through a procedural motion that I just
want to briefly explain. Senator Paul has offered an amendment. I would
prefer that we have an up-or-down vote on this, personally. I do not
support the amendment for many of the reasons that Senator McCain just
laid out. But in order for Senator Paul--I am doing this out of respect
for his desire to have a recorded vote. I am going to move to table his
amendment, which allows him, per Senate rules, to actually get a vote.
If it were just a straight up-or-down vote, he would have to have
unanimous consent for this to occur. He cannot get that. So this is not
a hostile act. He is sitting right beside me, and he understands what I
am doing.
I am going to move to table this shortly. I do not support the
substance of this amendment. I agree that we need to take action on an
AUMF, even though the administration believes--and I agree with them--
that they have a legal basis to do what they are doing now against
ISIS, per the 2001 and 2002 AUMFs. I agree with that.
I am all for updating the AUMFs. Our committee intends to do so.
There has been a bipartisan amendment offered by committee members
wherein we hope to take up an AUMF. But doing away with the legal basis
by which we are going against ISIS today, before we have implemented
and put in place another one, to me, is not prudent. It would mean we
would immediately need to begin winding down our operations, and it is
not in our national security interests to do so.
So out of a courtesy to the Senator from Kentucky, who serves on our
committee, I move to table the Paul amendment No. 871, and I ask for
the yeas and nays.
This will allow him to have a recorded vote.
With that, I yield the floor.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the motion.
The clerk will call the roll.
The bill clerk called the roll.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from Florida (Mr. Rubio).
Further, if present and voting, the Senator from Florida (Mr. Rubio)
would have voted ``yea.''
Mr. DURBIN. I announce that the Senator from New Jersey (Mr.
Menendez) and the Senator from Florida (Mr. Nelson) are necessarily
absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
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The result was announced--yeas 61, nays 36, as follows:
[Rollcall Vote No. 195 Leg.]
YEAS--61
Alexander
Barrasso
Blunt
Boozman
Burr
Capito
Carper
Casey
Cassidy
Cochran
Collins
Corker
Cornyn
Cortez Masto
Cotton
Crapo
Cruz
Daines
Donnelly
Enzi
Ernst
Fischer
Flake
Gardner
Graham
Grassley
Hassan
Hatch
Hoeven
Inhofe
Isakson
Johnson
Kennedy
Lankford
Manchin
McCain
McCaskill
McConnell
Moran
Murkowski
Perdue
Portman
Reed
Risch
Roberts
Rounds
Sasse
Schatz
Scott
Shaheen
Shelby
Stabenow
Strange
Sullivan
Thune
Tillis
Toomey
Warner
Whitehouse
Wicker
Young
NAYS--36
Baldwin
Bennet
Blumenthal
Booker
Brown
Cantwell
Cardin
Coons
Duckworth
Durbin
Feinstein
Franken
Gillibrand
Harris
Heinrich
Heitkamp
Heller
Hirono
Kaine
King
Klobuchar
Leahy
Lee
Markey
Merkley
Murphy
Murray
Paul
Peters
Sanders
Schumer
Tester
Udall
Van Hollen
Warren
Wyden
NOT VOTING--3
Menendez
Nelson
Rubio
The motion was agreed to.
The PRESIDING OFFICER. The majority leader.