The 2001 Authorization for Use of Military Force: Background in Brief

The 2001 Authorization for Use of Military Force: Background in Brief

MEMORANDUM
July 10, 2013
To:
Honorable Barbara Lee
From:
Matthew Weed, Analyst in Foreign Policy Legislation, 7-4589
Subject:
The 2001 Authorization for Use of Military Force: Background in Brief

This memorandum responds to your request for information on presidential utilization of the
Authorization for Use of Military Force (AUMF; P.L. 107-40; 50 U.S.C. § 1541 note), enacted in
response to the September 11, 2001 terrorist attacks on the United States, to justify and undertake military
and other action. It contains very brief discussions of the relevant provisions of the AUMF, and the use of
U.S. armed forces and other actions initiated under AUMF authority. Material in this memorandum may
be used in other Congressional Research Service (CRS) products.
2001 AUMF Use of Force Provision
Section 2(a) of the AUMF authorizes the use of force in response to the September 11 attacks:
Resolved by the Senate and House of Representatives of the United States of America in Congress
assembled,
. . . .
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) IN GENERAL.—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.
Analysis
Scope: The authorizing language is broad in its scope concerning the prevention of any future acts of
terrorism that might be perpetrated against the United States, but is circumscribed by authorizing the
targeting only of those nations, organizations, or persons determined to be involved in perpetrating the
September 11 attacks or harboring those who perpetrated the attacks.
War Against Non-State Actors: The AUMF is considered groundbreaking as it (1) empowered the
President to target non-state actors, even to the individual level, as well as states, and (2) did not specify
which states and non-state actors were included under the authorization.
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Current Debate: After nearly 12 years in force, executive branch reliance on the AUMF has raised a
number of concerns for a number of commentators and Members of Congress. These concerns relate to
Congress’s constitutional role in exercising its war power, as well as several types of executive branch
activities to counter terrorism that are perceived as problematic. In contrast, Obama Administration
officials have testified that the legal framework for the current conflict against Al Qaeda and associated
forces, which includes the AUMF, remains valid and effective in meeting the U.S. military’s requirements
for conducting counterterrorism operations.
Actions Taken Under AUMF Authority
CRS has located 30 occurrences of a publicly disclosed presidential reliance on the AUMF to take or
continue military or related action (including non-military action like detentions and military trials).1 Of
the 30 occurrences, 18 were made during the Bush Administration, and 12 have been made during the
Obama Administration.
Pursuant to the AUMF, President George W. Bush notified Congress that he was deploying U.S. armed
forces to Afghanistan in 2001 to oust the Taliban from power and eliminate al Qaeda training sites and
safe harbors in the country. In addition, Presidents Bush and Obama have invoked the AUMF to use U.S.
armed forces or engage in other actions to
 counter the terrorist threat against the United States following 9/11;
 deploy and direct such forces, or report on ongoing use of such forces in
o Afghanistan;
o the Philippines;
o Georgia;
o Yemen;
o Djibouti;
o Kenya;
o Ethiopia;
o Eritrea;
o Iraq;
o Somalia;
 engage terrorist groups “around the world”;
 engage terrorist groups “on the high seas”;
 detain individuals at Guantanamo Bay, Cuba, and to take other actions related to
detainment decisions; and
 conduct trials of terrorist suspects in military commissions.

1 See Appendix for information on each notification. Based on notifications from the President concerning deployments of U.S.
armed forces in the Federal Register and Compilation of Presidential Documents. It is possible that actions have been taken under
the AUMF without being disclosed in these publications, and may have been disclosed to Congress through other means.

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Appendix.
Table 1, below, provides dates and subject matter of each of the presidential notifications located by CRS
that reference the AUMF as authority for the deployment or use of U.S. armed forces or other activities.
In many cases, the notifications indicate the continuation of a given deployment or activity.
Table 1. List of Presidential Notifications Referencing AUMF

Date
Relevant Country, Geographic Area, Targeted Group, or Type of Action
9/24/2001
Afghanistan; the Taliban
10/9/2001
al Qaeda; other terrorist organizations
11/13/2001
Military detention and trial of terrorist suspects
9/20/2002
Afghanistan; Philippines; Georgia; Yemen; Guantanamo Bay
3/20/2003
Yemen; Djibouti; Guantanamo Bay
9/19/2003
Afghanistan; Philippines; Georgia; Yemen; Guantanamo Bay
3/20/2004
Afghanistan; Guantanamo Bay; Georgia; Djibouti; Yemen; Kenya; Ethiopia; Eritrea; high seas
11/4/2004
Afghanistan; Guantanamo Bay; Iraq; Yemen; Ethiopia; Kenya; Eritrea; Djibouti; high seas
5/20/2005
Afghanistan; Guantanamo Bay; Iraq; Djibouti; Yemen; Kenya; Ethiopia; Eritrea; high seas
12/7/2005
Afghanistan; Guantanamo Bay; Iraq; Djibouti; Yemen; Kenya; Ethiopia; high seas
6/15/2006
Afghanistan; Guantanamo Bay; Iraq; Djibouti; Yemen; high seas
12/15/2006
Afghanistan; Guantanamo Bay; Iraq; Djibouti; Yemen; high seas
2/14/2007
Executive Order 13425: includes Military Commissions
6/15/2007
Afghanistan; Guantanamo Bay; Iraq; Horn of Africa; Somalia; high seas
7/20/2007
Executive Order 13440: includes detention and interrogation of terrorist suspects
12/14/2007
Afghanistan; Guantanamo Bay; Iraq; global counterterrorism; Horn of Africa; high seas
6/13/2008
Afghanistan; Guantanamo Bay; Iraq; global counterterrorism; Horn of Africa; high seas
12/16/2008
Afghanistan; Guantanamo Bay; Iraq; global counterterrorism; Horn of Africa; high seas
6/15/2009
Afghanistan; Guantanamo Bay; Iraq; global counterterrorism; Horn of Africa; high seas
12/15/2009
Presidential Memorandum includes Guantanamo Bay issues
12/16/2009
Afghanistan; Guantanamo Bay; Iraq; global counterterrorism; Horn of Africa; high seas
6/15/2010
Afghanistan; Guantanamo Bay; Djibouti; Horn of Africa; global counterterrorism; high seas
12/15/2010
Afghanistan; Guantanamo Bay; global counterterrorism; high seas
3/7/2011
Executive Order 13567: includes detention at Guantanamo Bay
6/15/2011
Afghanistan; Guantanamo Bay; global counterterrorism; high seas
12/15/2011
Afghanistan; Guantanamo Bay; global counterterrorism; high seas
2/28/2012
Military detention of terrorist suspects
6/15/2012
Afghanistan; Guantanamo Bay; global counterterrorism; Somalia; Yemen; high seas

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Date
Relevant Country, Geographic Area, Targeted Group, or Type of Action
12/14/2012
Afghanistan; Guantanamo Bay; global counterterrorism; Somalia; Yemen; high seas
6/14/2013
Afghanistan; Somalia; Yemen; Guantanamo Bay; high seas
Sources: Federal Register; Compilation of Presidential Documents.