Presidential References to the 2001 Authorization for Use of Military Force in Publicly Available Executive Actions and Reports to Congress
MEMORANDUM
February 16, 2018
Subject:
Presidential References to the 2001 Authorization for Use of Military Force in
Publicly Available Executive Actions and Reports to Congress
From:
Matthew Weed, Specialist in Foreign Policy Legislation, 7-4589
This memorandum was prepared to enable distribution to more than one congressional office.
This memorandum sets out information and analysis concerning presidential references in public official
notifications and records to the Authorization for Use of Military Force (2001 AUMF; Public Law 107-
40; 50 U.S.C. § 1541 note), enacted in response to the September 11, 2001 terrorist attacks on the United
States, in relation to military and other action. It contains very brief discussions of the relevant provisions
of the 2001 AUMF, and the uses of U.S. armed forces connected with 2001 AUMF authority, as well as
excerpted language and other information from the notifications.
Use of Military Force Authorization Language in the 2001 AUMF
Section 2(a) of the 2001 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.
The 2001 AUMF does not include a specified congressional reporting requirement, but states that the
authorization is not intended to supersede any requirement of the War Powers Resolution, which does
require congressional reporting for initial and continuing deployments of U.S. armed forces into imminent
or ongoing hostilities.1
1 For a detailed overview of the War Powers Resolution and its operation, see CRS Report R42699, The War Powers Resolution:
Concepts and Practice, by Matthew C. Weed.
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Executive Branch Policy Concerning Utilization of 2001 AUMF
Authorization
Prior to the U.S. military campaign against the Islamic State that began in summer 2014, executive branch
officials made statements that included certain interpretations2 concerning the 2001 AUMF, including the
following:
The 2001 AUMF is primarily an authorization to enter into and prosecute an armed
conflict against Al Qaeda and the Taliban in Afghanistan.
The 2001 AUMF authorizes the President to use military force against Al Qaeda and the
Taliban outside Afghanistan, but such uses of force must meet a higher standard of threat
to the United States and must use limited, precise methods against specific individual
targets rather than general military action against enemy forces.
Because the 2001 AUMF authorizes U.S. involvement in an international armed conflict,
the international law of armed conflict informs the authority within the 2001 AUMF. This
law permits the use of military force against forces associated with Al Qaeda and the
Taliban as co-belligerents; such forces must be operating in some sort of coordination and
cooperation with Al Qaeda and/or the Taliban, not just share similar goals, objectives, or
ideologies.
This interpretation of the scope of 2001 AUMF authority can be seen to fit within the overall framework
of presidential power to use military force against those posing a threat to U.S. national security and U.S.
interests.3 In situations where the 2001 AUMF or other relevant legislation does not seem to authorize a
given use of military force or related activity, the executive branch will determine whether the President's
Article II powers as Commander in Chief and Chief Executive, as interpreted by the executive branch
itself, might authorize such actions. In this way, similar U.S. military action to meet U.S. counterterrorism
objectives might be interpreted to fall under different authorities, of which the 2001 AUMF is just one,
albeit important, example.
December 2016 Legal Framework Report on Use of Military Force
President Obama issued a report in December 2016 entitled, “Report on the Legal and Policy Frameworks
Guiding the United States’ Use of Military Force, and Related National Security Operations.”4 Among
other matters, the Report deals with the legal justification for the United States’ ongoing use of military
force against the Islamic State, which according to the Report has taken place in the form of airstrikes,
military advising and training of Iraqi security forces and Syrian rebel groups, and military activities of
U.S. special operations forces in Iraq, Syria, and Libya.5 The Report asserts that such use of force is
authorized by the 2001 AUMF, arguing certain factors as determinative:
2 See, e.g., testimony of Mary McLeod and Stephen W. Preston, General Counsel, Department of Defense, before the Senate
Committee on Foreign Relations, hearing on the Authorization for Use of Military Force, 113th Cong., 2nd sess., May 21, 2014,
http://www.cq.com/doc/congressionaltranscripts-4481556?5.
3 Cf. Stephen W. Preston, "The Legal Framework for the United States' Use of Military Force Since 9/11," delivered at the
Annual Meeting of the American Society of International Law, Washington, DC, April 10, 2015.
4 Available at https://obamawhitehouse.archives.gov/sites/whitehouse.gov/files/documents/Legal_Policy_Report.pdf. The report
was released to accompany a December 5, 2016 Presidential Memorandum, Steps for Increased Legal and Policy Transparency
Concerning the United States Use of Military Force and Related National Security Operations.
5 Ibid., pp. 2-3.
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1. The 2001 AUMF authorizes the President to use military force “in order to prevent any
future acts of international terrorism against the United States by such nations,
organizations, or persons” who perpetrated or harbored those who perpetrated the
September 11, 2001 terror attacks against the United States.
2. Al Qaeda was identified as the primary organization responsible for the September 11,
2001 attacks.
3. Organized, armed groups that are co-belligerent with Al Qaeda against the United States
are targetable under the 2001 AUMF pursuant to the law of international armed conflicts
as “associated forces.”
4. With specific regard to the Islamic State, the United States determined in 2004 that Al
Qaeda in Iraq (AQI), the predecessor organization of the Islamic State, was either part of
Al Qaeda itself or an associated force in 2004 and has used force against the group under
2001 AUMF authority since that time, including after AQI changed its name to the
Islamic State (or ISIL or ISIS).
5. The fact that the Islamic State has asserted a split between itself and Al Qaeda does not
divest the President of his previous authority to use force against the Islamic State, as the
Islamic State’s conflict with the United States and its allies has continued.
6. Congress has supported military action against the Islamic State by specifically funding
the military campaign and providing authority to assist groups fighting the Islamic State
in Iraq and Syria.6
Records of Executive Actions and Presidential Reporting to Congress
Referencing the 2001 AUMF
Since 2001, Presidents George W. Bush, Barack Obama, and Donald Trump have referenced in public
notifications the 2001 AUMF in connection with initiating or continuing certain military or related actions
(including non-lethal military activities such as detentions and military trials), as U.S. armed forces
continue to counter Al Qaeda, the Taliban, and violent extremist and terrorist groups designated as
associated with those two organizations.7 The notifications reference both statutory and constitutional
authority for the President to take such action, as well as statutory provisions requiring congressional
notification, including reference to provisions in the 2001 AUMF. As will be discussed in detail below,
the manner in which Presidents have presented information on military deployments and actions in these
notifications, the constitutional and statutory authority for such actions, and the reporting requirements for
such actions, have changed over time, making it difficult to aggregate such information.
Notifications of Deploying U.S. Armed Forces and/or Using Military Force Involving
Reference to the 2001 AUMF
Presidents Bush, Obama, and Trump have provided formal notifications of military deployments and/or
action to Congress at various times since enactment of the 2001 AUMF, referring to that authorization to
various degrees and ends. While presidential reports to Congress concerning the use of military force and
other activities undertaken by the U.S. armed forces initially provided a fairly simple and straightforward
discussion of actions and related authorities, over time these reports became increasingly detailed,
6 Ibid., pp. 3-7.
7 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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complicated, and difficult to decipher with regard to determining applicable presidential authority. At all
times, both Presidents have relied primarily on their constitutional Article II powers as Commander in
Chief and Chief Executive. In many instances, reference to 2001 AUMF authority has been
supplementary and indirect; in only a few cases has a President relied directly on 2001 AUMF authority
as justification for a military operation, deployment, or other action. This is not to say that 2001 AUMF
authority does not serve as a sole or primary legal basis for military action in any given situation reported
in a notification, only that the notification language is susceptible to more than one interpretation when it
concerns presidential authority to use to military force or undertake other military action.
Below are provided several tables of information concerning presidential notifications and records of
other executive action referencing the 2001 AUMF. Each table provides:
a date of each notification or record;
the relevant military activity, location, and/or purpose of such activities, as available;
the constitutional and statutory authority provided in the notification or record as
provided; and
the reference to applicable reporting requirements precipitating each respective
notification or record.
For Tables 1-8, each set out in its own section with accompanying analysis, each table includes a group of
notifications that are similar in composition and content. Each subsequent table and section, therefore,
denotes a change in composition of the notifications referencing the 2001 AUMF in some way.
Initial Reporting in the Aftermath of the September 11, 2001 Attacks
President Bush’s reports to Congress concerning military deployments in the weeks following the
September 11, 2001 terror attacks were relatively concise, focusing on the need to address the terrorist
threat in the immediate aftermath of the attacks, and the deployments and actions taken in response to
such threat. The first notification on September 24, 2001 references deployments to “a number of foreign
nations” in the “Central and Pacific Command areas of operations.” Major military operations in
Afghanistan had not yet commenced. The second notification on October 9, 2001 includes similar
information but also notifies Congress of the commencement of combat against Al Qaeda and the Taliban
in Afghanistan. In these two notifications, President Bush stated that he had taken the actions described
pursuant to his constitutional authority as Commander in Chief and Chief Executive. In both notifications,
he referred to the 2001 AUMF as evidencing the continuing support of Congress, but did not specifically
state he had taken such action pursuant to 2001 AUMF authority. The President stated in these
notifications that he was reporting on these actions to Congress consistent with both the War Powers
Resolution and the 2001 AUMF. It is possible to conclude that reporting action consistent with the 2001
AUMF would mean that the action was considered taken pursuant to 2001 AUMF authority. See Table 1
below for more information and precise language related to 2001 AUMF references in these notifications.
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Table 1. September 2001 and October 2001 Notifications
Including relevant notification, authority, and reporting language
Relevant
Country,
Reference to
Date
Geographic
Constitutional
Reference to Legislative
Reference to Legislative
Area, Targeted
Authority
Authority
Reporting Requirement
Group, or Type
of Action
9/24/2001 Central and
“I have taken these actions
“I appreciate the continuing
“I am providing this report
Pacific
pursuant to my
support of the Congress,
as part of my efforts to keep
Command
constitutional authority to
including its passage of
the Congress informed,
deployments
conduct U.S. foreign
Senate Joint Resolution 23,
consistent with the War
relations and as
in this action to protect the
Powers Resolution and
Commander in Chief and
security of the United States
Senate Joint Resolution 23,
Chief Executive.”
of America and its citizens,
which I signed on September
civilian and military, here and 18, 2001.”
abroad.”
10/9/2001 Combat action
“I have taken these actions
“I appreciate the continuing
“I am providing this report
against Al Qaeda pursuant to my
support of the Congress,
as part of my efforts to keep
and the Taliban
constitutional authority to
including its enactment of
the Congress informed,
in Afghanistan
conduct U.S. foreign
Public Law 107-40, in these
consistent with the War
relations as Commander in actions to protect the
Powers Resolution and
Chief and Chief
security of the United States
Public Law 107-40.”
Executive.”
of America and its citizens,
civilian and military, here and
abroad.”
Sources: Federal Register; Compilation of Presidential Documents.
September 2002–September 2003 Notifications
From September 2002 to September 2003, three notifications from President Bush referenced the 2001
AUMF. In these notifications, the President began referring to previous notifications concerning
hostilities against Al Qaeda and the Taliban in Afghanistan and deployments to the “Central and Pacific
Command areas of operations.” The notifications also added information about deployments to the
Philippines, Georgia, Yemen, and Djibouti, operations in the Horn of Africa, detention operations in
Guantanamo Bay, Cuba, and maritime interception activities on the high seas in the Central, European,
and Pacific Command areas. The President stated that the actions were taken pursuant to Article II
authority, and adds that the actions are “consistent with” the 2001 AUMF. The President continued to
state that he was reporting on these actions to Congress consistent with both the War Powers Resolution
and the 2001 AUMF. See Table 2 below for more information and precise language related to 2001
AUMF references in these notifications.
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Table 2. September 2002–September 2003 Notifications
Including relevant notification, authority, and reporting language
Relevant Country,
Reference to
Reference to
Reference to
Date
Geographic Area, Targeted
Constitutional
Legislative
Legislative Reporting
Group, or Type of Action
Authority
Authority
Requirement
9/20/2002 Combat action against Al
“I have taken these actions
“In addition,
“I am providing this
Qaeda and the Taliban in
pursuant to my
these actions
report as part of my
Afghanistan (continuing)
constitutional authority to
are consistent
efforts to keep the
Foreign military training,
conduct U.S. foreign
with Public Law
Congress informed,
advising, assisting in the
relations and as
107–40.”
consistent with the War
Philippines
Commander in Chief and
Powers Resolution and
Chief Executive.”
Public Law 107-40.”
Foreign military training and
equipping in Georgia
Foreign military training and
equipping in Yemen
Conducting secure detention
operations in Guantanamo
Bay, Cuba
3/20/2003 Combat action against Al
“I have taken these actions
“In addition,
“I am providing this
Qaeda and the Taliban in
pursuant to my
these actions
report as part of my
Afghanistan (continuing)
constitutional authority to
are consistent
efforts to keep the
Foreign military training and
conduct U.S. foreign
with Public Law
Congress informed,
equipping in the Philippines
relations and as
107–40.”
consistent with the War
(continuing)
Commander in Chief and
Powers Resolution and
Chief Executive.”
Public Law 107–40.”
Foreign military training and
equipping in Georgia
(continuing)
Foreign military training and
equipping in Yemen
(continuing)
Deployment to Djibouti for
activities against Al Qaeda
and other terrorists in Horn
of Africa
Conducting secure detention
operations in Guantanamo
Bay, Cuba (continuing)
Maritime interception
operations on the high seas in
the Central and European
Command areas of
responsibility
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Relevant Country,
Reference to
Reference to
Reference to
Date
Geographic Area, Targeted
Constitutional
Legislative
Legislative Reporting
Group, or Type of Action
Authority
Authority
Requirement
9/19/2003 Combat action against Al
“I have taken these actions
“In addition,
“I am providing this
Qaeda and the Taliban in
pursuant to my
these actions
report as part of my
Afghanistan (continuing)
constitutional authority to
are consistent
efforts to keep the
Conducting secure detention
conduct United States
with Public Law
Congress informed,
operations in Guantanamo
foreign relations and as
107–40.”
consistent with the War
Bay, Cuba (continuing)
Commander in Chief and
Powers Resolution and
Chief Executive.”
Public Law 107–40.”
Anti-terrorism deployment in
the Philippines (continuing)
Maritime interception
operations on the high seas in
the Central, European, and
Pacific Command areas of
responsibility (continuing)
Deployment to Georgia to
enhance counterterrorism
capabilities (continuing)
Deployment to Djibouti to
enhance counterterrorism
capabilities, and for activities
against Al Qaeda and other
terrorists in Horn of Africa,
including Yemen (continuing)
Sources: Federal Register; Compilation of Presidential Documents.
March 2004–December 2008 Notifications
Beginning in March 2004, President Bush changed the format of periodic notifications to Congress on
deployments of U.S. combat-equipped troops:
... I have decided to consolidate supplemental reports I provide to the Congress regarding the
deployment of U.S. combat-equipped armed forces in a number of locations around the world.
This consolidated report is part of my efforts to keep the Congress informed about such
deployments and covers operations in support of the global war on terrorism (including in
Afghanistan), Kosovo, Bosnia and Herzegovina, and Haiti.
The notifications from March 2004 to December 2008 mentioned the 2001 AUMF once, in a section
entitled “The Global War on Terrorism,” or a similarly named anti-terror section, but only referred to the
fact that presidential reporting “consistent with” 2001 AUMF and War Powers Resolution requirements
has been made “[s]ince September 24, 2001.” No direct reliance on 2001 AUMF as legal justification for
military action was included. President Bush continued to include language asserting that his actions were
taken pursuant to his authority as President under Article II of the Constitution, but that language was
moved to the end of each of these notifications, and applied to all actions described in the consolidated
notification.
The March 2004 notification also stated that “[o]perations in Iraq are a critical part of the war on terror...,”
but assert that the two AUMFs passed regarding military action against Iraq (P.L. 102-1 and P.L. 107-243)
served as authority for anti-terror activities in Iraq. Beginning with the November 2004 notification, U.S.
operations in Iraq are included under the “Global War on Terrorism” or similarly titled anti-terror section
of each notification. In the June 2007 notification the President included deployments in the European
Command area under NATO’s Kosovo Force (KFOR) in the anti-terror section. Later notifications
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removed the reference to KFOR from the descriptions but retained reference to the European Command
area deployments as falling under anti-terror operations.
See Table 3 below for more information and precise language related to 2001 AUMF references in these
notifications.
Table 3. March 2004–December 2008 Notifications
Including relevant notification, authority, and reporting language
Relevant Country, Geographic
Reference to
Reference to
Reference to Legislative
Date
Area, Targeted Group, or Type
Constitutional
Legislative
of Action
Authority
Authority
Reporting Requirement
3/20/2004
Under section entitled “The
“I have directed the
none
“Since September 24, 2001, I
Global War on Terrorism”
participation of U.S.
have reported, consistent
Combat action against Al
Armed Forces in all of
with Public Law 107–40 and
Qaeda and the Taliban in
these operations
the War Powers Resolution,
Afghanistan (continuing)
[both GWOT and
on the combat operations in
other unrelated
Afghanistan against al-Qaida
Conducting secure detention
operations] pursuant
terrorists and their Taliban
operations in Guantanamo Bay,
to my constitutional
supporters, which began on
Cuba (continuing)
authority to conduct
October 7, 2001, and the
U.S. armed forces working with
U.S. foreign relations
deployment of various
“friends and allies in areas
and as Commander in
combat-equipped and
around the globe”
Chief and Chief
combat-support forces to a
Foreign military training and
Executive.”
number of locations in the
equipping in Georgia
Central, Pacific, and
(continuing)
Southern Command areas of
Deployment to Djibouti to
operation in support of
enhance counterterrorism
those operations and of
capabilities in Djibouti, as well
other operations in our
as in Kenya, Ethiopia, Yemen,
global war on terrorism.”
and Eritrea, and for activities
against Al Qaeda and other
terrorists in Horn of Africa,
including Yemen (continuing)
Maritime interception
operations on the high seas in
the Central, European,
Northern, Pacific, and Southern
Command areas of
responsibility (continuing)
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Relevant Country, Geographic
Reference to
Reference to
Date
Area, Targeted Group, or Type
Constitutional
Legislative
Reference to Legislative
Reporting Requirement
of Action
Authority
Authority
11/4/2004
Under section entitled “The
“I have directed the
none
“Since September 24, 2001, I
Global War on Terrorism”
participation of U.S.
have reported, consistent
Combat action against Al
Armed Forces in all of
with Public Law 107–40 and
Qaeda and the Taliban in
these operations
the War Powers Resolution,
Afghanistan (continuing)
[both GWOT and
on the combat operations in
other unrelated
Afghanistan against al-Qaida
Conducting secure detention
operations] pursuant
terrorists and their Taliban
operations in Guantanamo Bay,
to my constitutional
supporters, which began on
Cuba (continuing)
authority to conduct
October 7, 2001, and the
Military operations in Iraq
U.S. foreign relations
deployment of various
under the Multinational Force
and as Commander in
combat-equipped and
in Iraq (MNF-I)
Chief and Chief
combat-support forces to a
U.S. armed forces working with
Executive.”
number of locations in the
“friends and allies in areas
Central, Pacific, and
around the globe” (continuing)
Southern Command areas of
Deployments to Horn of Africa;
operation in support of
deployment to Djibouti to
those operations and of
enhance counterterrorism
other operations in our
capabilities in Djibouti, as well
global war on terrorism.”
as in Kenya, Ethiopia, Yemen,
and Eritrea, and for activities
against Al Qaeda and other
terrorists in Horn of Africa,
including Yemen (continuing)
Maritime interception
operations on the high seas in
the areas of responsibility of all
of the geographic combatant
commanders (continuing)
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Relevant Country, Geographic
Reference to
Reference to
Date
Area, Targeted Group, or Type
Constitutional
Legislative
Reference to Legislative
Reporting Requirement
of Action
Authority
Authority
5/20/2005
Under section entitled “The
“I have directed the
none
“Since September 24, 2001, I
Global War on Terrorism”
participation of U.S.
have reported, consistent
Combat action against Al
Armed Forces in all of
with Public Law 107–40 and
Qaeda and the Taliban in
these operations
the War Powers Resolution,
Afghanistan (continuing)
[both GWOT and
on the combat operations in
other unrelated
Afghanistan against al-Qaida
Conducting secure detention
operations] pursuant
terrorists and their Taliban
operations in Guantanamo Bay,
to my constitutional
supporters, which began on
Cuba (continuing)
authority to conduct
October 7, 2001, and the
Military operations in Iraq
U.S. foreign relations
deployment of various
under the Multinational Force
and as Commander in
combat-equipped and
in Iraq (MNF-I) (continuing)
Chief and Chief
combat-support forces to a
U.S. armed forces working with
Executive.”
number of locations in the
“friends and allies in areas
Central, Pacific, and
around the globe” (continuing)
Southern Command areas of
Deployments to Horn of Africa;
operation in support of
deployment to Djibouti to
those operations and of
enhance counterterrorism
other operations in our
capabilities in Djibouti, as well
global war on terrorism.”
as in Kenya, Ethiopia, Yemen,
and Eritrea, and for activities
against Al Qaeda and other
terrorists in Horn of Africa,
including Yemen (continuing)
Maritime interception
operations on the high seas in
the areas of responsibility of all
of the geographic combatant
commanders (continuing)
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Relevant Country, Geographic
Reference to
Reference to
Date
Area, Targeted Group, or Type
Constitutional
Legislative
Reference to Legislative
Reporting Requirement
of Action
Authority
Authority
12/7/2005
Under section entitled “The
“I have directed the
none
“Since September 24, 2001, I
War on Terror”
participation of U.S.
have reported, consistent
Combat action against Al
Armed Forces in all of
with Public Law 107–40 and
Qaeda and the Taliban in
these operations
the War Powers Resolution,
Afghanistan (continuing)
[both GWOT and
on the combat operations in
other unrelated
Afghanistan against al-Qaida
Conducting secure detention
operations] pursuant
terrorists and their Taliban
operations in Guantanamo Bay,
to my constitutional
supporters, which began on
Cuba (continuing)
authority to conduct
October 7, 2001, and the
Military operations in Iraq
U.S. foreign relations
deployment of various
under the Multinational Force
and as Commander in
combat-equipped and
in Iraq (MNF-I) (continuing)
Chief and Chief
combat-support forces to a
U.S. armed forces working with
Executive.”
number of locations in the
“friends and allies in areas
Central, Pacific, and
around the globe” (continuing)
Southern Command areas of
Deployments to Horn of Africa;
operation in support of
deployments Djibouti for
those operations and of
activities against Al Qaeda and
other operations in our war
other terrorists in Horn of
on terror.”
Africa, including Yemen
(continuing)
Maritime interception
operations on the high seas in
the areas of responsibility of all
of the geographic combatant
commanders (continuing)
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Relevant Country, Geographic
Reference to
Reference to
Date
Area, Targeted Group, or Type
Constitutional
Legislative
Reference to Legislative
Reporting Requirement
of Action
Authority
Authority
6/15/2006
Under section entitled “The
“I have directed the
none
“Since September 24, 2001, I
War on Terror”
participation of U.S.
have reported, consistent
Combat action against Al
Armed Forces in all of
with Public Law 107–40 and
Qaeda and the Taliban in
these operations
the War Powers Resolution,
Afghanistan (continuing)
[both GWOT and
on the combat operations in
other unrelated
Afghanistan against al-Qaida
Conducting secure detention
operations] pursuant
terrorists and their Taliban
operations in Guantanamo Bay,
to my constitutional
supporters, which began on
Cuba (continuing)
authority to conduct
October 7, 2001, and the
Military operations in Iraq
U.S. foreign relations
deployment of various
under the Multinational Force
and as Commander in
combat-equipped and
in Iraq (MNF-I) (continuing)
Chief and Chief
combat-support forces to a
U.S. armed forces working with
Executive.”
number of locations in the
“friends and allies in areas
Central, Pacific, and
around the globe” (continuing)
Southern Command areas of
Deployments to enhance
operation in support of
counterterrorism capabilities of
those operations and of
“friends and allies”
other operations in our war
on terror.”
Deployments to Horn of Africa;
deployments Djibouti for
activities against Al Qaeda and
other terrorists in Horn of
Africa, including Yemen
(continuing)
Maritime interception
operations on the high seas in
the areas of responsibility of all
of the geographic combatant
commanders (continuing)
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Relevant Country, Geographic
Reference to
Reference to
Date
Area, Targeted Group, or Type
Constitutional
Legislative
Reference to Legislative
Reporting Requirement
of Action
Authority
Authority
12/15/2006 Under section entitled “THE
“I have directed the
none
“Since September 24, 2001, I
WAR ON TERROR”
participation of U.S.
have reported, consistent
Combat action against Al
Armed Forces in all of
with Public Law 107–40 and
Qaeda and the Taliban in
these operations
the War Powers Resolution,
Afghanistan (continuing)
[both GWOT and
on the combat operations in
other unrelated
Afghanistan against al-Qaida
Conducting secure detention
operations] pursuant
terrorists and their Taliban
operations in Guantanamo Bay,
to my constitutional
supporters, which began on
Cuba (continuing)
authority to conduct
October 7, 2001, and the
Military operations in Iraq
U.S. foreign relations
deployment of various
under the Multinational Force
and as Commander in
combat-equipped and
in Iraq (MNF-I) (continuing)
Chief and Chief
combat-support forces to a
U.S. armed forces working with
Executive.”
number of locations in the
“friends and allies in areas
Central, Pacific, and
around the globe” (continuing)
Southern Command areas of
Deployments to enhance
operation in support of
counterterrorism capabilities of
those operations and of
“friends and allies” (continuing)
other operations in our war
on terror.”
Deployments to Horn of Africa;
deployments Djibouti for
activities against Al Qaeda and
other terrorists in Horn of
Africa, including Yemen
(continuing)
Maritime interception
operations on the high seas in
the areas of responsibility of all
of the geographic combatant
commanders (continuing)
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Relevant Country, Geographic
Reference to
Reference to
Date
Area, Targeted Group, or Type
Constitutional
Legislative
Reference to Legislative
Reporting Requirement
of Action
Authority
Authority
6/15/2007
Under section entitled “THE
“I have directed the
none
“Since September 24, 2001, I
WAR ON TERROR”
participation of U.S.
have reported, consistent
Combat action against Al
Armed Forces in all of
with Public Law 107–40 and
Qaeda and the Taliban in
these operations
the War Powers Resolution,
Afghanistan (continuing)
[both GWOT and
on the combat operations in
other unrelated
Afghanistan against al-Qaida
Conducting secure detention
operations] pursuant
terrorists and their Taliban
operations in Guantanamo Bay,
to my constitutional
supporters, which began on
Cuba (continuing)
authority to conduct
October 7, 2001, and the
Military operations in Iraq
U.S. foreign relations
deployment of various
under the Multinational Force
and as Commander in
combat-equipped and
in Iraq (MNF-I) (continuing)
Chief and Chief
combat-support forces to a
U.S. armed forces working with
Executive.”
number of locations in the
“friends and allies in areas
Central, Pacific, European
around the globe” (continuing)
(KFOR), and Southern
Deployments to enhance
Command areas of
counterterrorism capabilities of
operation in support of
“friends and allies” (continuing)
those operations and of
other operations in our war
Deployment of combat-
on terror.”
equipped forces in the Horn of
Africa (continuing); air- and
sea-launched strikes against Al
Qaeda targets in Somalia
Maritime interception
operations on the high seas in
the areas of responsibility of all
of the geographic combatant
commanders (continuing)
Congressional Research Service
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Relevant Country, Geographic
Reference to
Reference to
Date
Area, Targeted Group, or Type
Constitutional
Legislative
Reference to Legislative
Reporting Requirement
of Action
Authority
Authority
12/14/2007 Under section entitled “THE
“I have directed the
none
“Since September 24, 2001, I
WAR ON TERROR”
participation of U.S.
have reported, consistent
Combat action against Al
Armed Forces in all of
with Public Law 107–40 and
Qaeda and the Taliban in
these operations
the War Powers Resolution,
Afghanistan (continuing)
[both GWOT and
on the combat operations in
other unrelated
Afghanistan against al-Qaida
Conducting secure detention
operations] pursuant
terrorists and their Taliban
operations in Guantanamo Bay,
to my constitutional
supporters, which began on
Cuba (continuing)
authority to conduct
October 7, 2001, and the
Military operations in Iraq
U.S. foreign relations
deployment of various
under the Multinational Force
and as Commander in
combat-equipped and
in Iraq (MNF-I) (continuing)
Chief and Chief
combat-support forces to a
U.S. armed forces working with
Executive.”
number of locations in the
“friends and allies in areas
Central, Pacific, European,
around the globe” (continuing)
and Southern Command
Deployments to enhance
areas of operation in
counterterrorism capabilities of
support of those operations
“friends and allies” (continuing)
and of other operations in
our war on terror.”
Deployment of combat-
equipped forces in the Horn of
Africa (continuing)
Maritime interception
operations on the high seas in
the areas of responsibility of all
of the geographic combatant
commanders (continuing)
6/13/2008
Under section entitled “THE
“I have directed the
none
“Since September 24, 2001, I
WAR ON TERROR”
participation of U.S.
have reported, consistent
Combat action against Al
Armed Forces in all of
with Public Law 107–40 and
Qaeda and the Taliban in
these operations
the War Powers Resolution,
Afghanistan (continuing)
[both GWOT and
on the combat operations in
other unrelated
Afghanistan against al-Qaida
Conducting secure detention
operations] pursuant
terrorists and their Taliban
operations in Guantanamo Bay,
to my constitutional
supporters, which began on
Cuba (continuing)
authority to conduct
October 7, 2001, and the
Military operations in Iraq
the foreign relations
deployment of various
under the Multinational Force
of the United States
combat-equipped and
in Iraq (MNF-I) (continuing)
and as Commander in
combat-support forces to a
U.S. armed forces working with
Chief and Chief
number of locations in the
“friends and allies in areas
Executive.”
Central, Pacific, European,
around the globe” (continuing)
and Southern Command
Deployments to enhance
areas of operation in
counterterrorism capabilities of
support of those operations
“friends and allies” (continuing)
and of other operations in
our war on terror.”
Deployment of combat-
equipped forces in the Horn of
Africa (continuing)
Maritime interception
operations on the high seas in
the areas of responsibility of all
of the geographic combatant
commanders (continuing)
Congressional Research Service
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Relevant Country, Geographic
Reference to
Reference to
Date
Area, Targeted Group, or Type
Constitutional
Legislative
Reference to Legislative
Reporting Requirement
of Action
Authority
Authority
12/16/2008 Under section entitled “THE
“I have directed the
none
“Since September 24, 2001, I
WAR ON TERROR”
participation of U.S.
have reported, consistent
Combat action against Al
Armed Forces in all of
with Public Law 107–40 and
Qaeda and the Taliban in
these operations
the War Powers Resolution,
Afghanistan (continuing)
[both GWOT and
on the combat operations in
other unrelated
Afghanistan against al-Qaida
Conducting secure detention
operations] pursuant
terrorists and their Taliban
operations in Guantanamo Bay,
to my constitutional
supporters, which began on
Cuba (continuing)
authority to conduct
October 7, 2001, and the
Military operations in Iraq
the foreign relations
deployment of various
under the Multinational Force
of the United States
combat-equipped and
in Iraq (MNF-I) (continuing)
and as Commander in
combat-support forces to a
U.S. armed forces working with
Chief and Chief
number of locations in the
“friends and allies in areas
Executive.”
Central, Pacific, European,
around the globe” (continuing)
Southern, and Africa
Deployments to enhance
Command areas of
counterterrorism capabilities of
operation in support of
“friends and allies” (continuing)
those operations and of
other operations in our war
Deployment of combat-
on terror.”
equipped forces in the Horn of
Africa (continuing)
Maritime interception
operations on the high seas in
the areas of responsibility of all
of the geographic combatant
commanders (continuing)
Sources: Federal Register; Compilation of Presidential Documents.
Congressional Research Service
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June 2009 and December 2009 Notifications
President Obama’s first two consolidated notifications referencing the 2001 AUMF were not organized by
designated sections as previous notifications had been, but they continued to include information on a
number of deployments in addition to anti-terror operations in roughly the same order and language. The
notifications maintained their reliance on Article II authority for all anti-terror and other actions listed in
each notification, and to state that anti-terror operations “were previously” reported consistent with the
2001 AUMF and the War Powers Resolution. These two notifications included language relying directly
on 2001 AUMF authority to conduct detention operations at Guantanamo Bay, Cuba, but did not refer to
2001 AUMF authority specifically for any other operations. See Table 4 below for more information and
precise language related to 2001 AUMF references in these notifications.
Table 4. June 2009 and December 2009 Notifications
Including relevant notification, authority, and reporting language
Relevant Country,
Geographic Area,
Reference to
Reference to
Date
Reference to Legislative
Targeted Group, or
Constitutional
Legislative
Reporting Requirement
Type of Action
Authority
Authority
6/15/2009
Combat action against “I have directed the
Conducting
“Since October 7, 2001, the
Al Qaeda and the
participation of U.S. Armed detention
United States has conducted
Taliban in Afghanistan
Forces in all of these
operations in
combat operations in
(continuing)
operations [both GWOT
Cuba “under
Afghanistan against al-Qa'ida
Conducting secure
and other unrelated
Public Law 107-
terrorists and their Taliban
detention operations
operations] pursuant to my 40 and
supporters, and has deployed
in Guantanamo Bay,
constitutional authority to
consistent with
various combat-equipped forces
Cuba (continuing)
conduct the foreign
the law of war”
to a number of locations in the
relations of the United
Central, Pacific, European,
Military operations in
States and as Commander
Southern, and Africa Command
Iraq under the
in Chief and Chief
areas of operation in support of
Multinational Force in
Executive.”
those and other overseas
Iraq (MNF-I)
operations. These operations
(continuing)
and deployments remain ongoing
U.S. armed forces
and were previously reported
working with “friends
consistent with Public Law 107–
and allies in areas
40 and the War Powers
around the globe”
Resolution.”
(continuing)
Deployments to
enhance
counterterrorism
capabilities of “friends
and allies”
(continuing)
Deployment of
combat-equipped
forces in the Horn of
Africa (continuing)
Maritime interception
operations on the high
seas in the areas of
responsibility of all of
the geographic
combatant
commanders
(continuing)
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Relevant Country,
Geographic Area,
Reference to
Reference to
Reference to Legislative
Date
Constitutional
Legislative
Targeted Group, or
Authority
Authority
Reporting Requirement
Type of Action
12/16/2009 Combat action against “I have directed the
Conducting
“Since October 7, 2001, the
Al Qaeda and the
participation of U.S. Armed detention
United States has conducted
Taliban in Afghanistan
Forces in all of these
operations in
combat operations in
(continuing)
operations [both GWOT
Cuba “under
Afghanistan against al-Qa'ida
Conducting secure
and other unrelated
Public Law 107-
terrorists and their Taliban
detention operations
operations] pursuant to my 40 and
supporters, and has deployed
in Guantanamo Bay,
constitutional authority to
consistent with
various combat-equipped forces
Cuba (continuing)
conduct the foreign
principles of the
to a number of locations in the
relations of the United
law of war”
Central, Pacific, European,
Military operations in
States and as Commander
Southern, and Africa Command
Iraq under the
in Chief and Chief
areas of operation in support of
Multinational Force in
Executive.”
those and other overseas
Iraq (MNF-I)
operations. These operations
(continuing)
and deployments remain ongoing
U.S. armed forces
and were previously reported
working with “friends
consistent with Public Law 107–
and allies in areas
40 and the War Powers
around the globe”
Resolution.”
(continuing)
Deployments to
enhance
counterterrorism
capabilities of “friends
and allies”
(continuing)
Deployment of
combat-equipped
forces in the Horn of
Africa (continuing)
Maritime interception
operations on the high
seas in the areas of
responsibility of all of
the geographic
combatant
commanders
(continuing)
Sources: Federal Register; Compilation of Presidential Documents.
June 2010–December 2011 Notifications
Beginning in June 2010, President Obama’s notifications were broken down into sections, including an
anti-terror operations section, in a similar fashion to President Bush’s notifications from 2004 to 2008.
Two new sections included in these notifications, however, seem to have removed certain types of
operations formerly included in the anti-terror sections of Bush Administration era notifications. Instead
of inclusion in the anti-terror section, operations on the high seas were included under a “MARINE
INTERCEPTION OPERATIONS” section, and actions in Iraq were included under a “MILITARY
OPERATIONS IN IRAQ” section. It is unclear whether the decision to remove these activities from the
anti-terror section, the section that might be most closely associated with 2001 AUMF authority, was part
of any reinterpretation of applicable authorities for continuing Iraq and high seas operations.
Congressional Research Service
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The notifications included the same language as previous notifications concerning reporting on anti-terror
operations “consistent with” the 2001 AUMF and War Powers Resolution. Detention operations in
Guantanamo Bay, Cuba continued to be justified under 2001 AUMF authority. In addition, President
Obama included reference to the 2001 AUMF in blanket descriptions of presidential authority at the close
of the notification:
I have directed the participation of U.S. Armed Forces in all of these operations pursuant to my
constitutional and statutory authority as Commander in Chief (including the authority to carryout
[sic] Public Law 107-40 and other statutes) and as Chief Executive, as well as my statutory and
constitutional authority to conduct the foreign relations of the United States.
Because these consolidated notifications contained information on deployments that did not seem to have
a connection to anti-terror operations or other operations that might be connected with 2001 AUMF
authority, it is difficult to link conclusively the anti-terror operations information at the beginning of the
notification and the reference to 2001 AUMF authority at the end of the notification, separated as they are
by intervening sections.
See Table 5 below for more information and precise language related to 2001 AUMF references in these
notifications.
Table 5. June 2010–December 2011 Notifications
Including relevant notification, authority, and reporting language
Reference to
Relevant Country, Geographic
Reference to
Reference to
Legislative
Date
Area, Targeted Group, or Type
Constitutional
Legislative
of Action
Authority
Authority
Reporting
Requirement
6/15/2010
Under section entitled
“I have directed the
Conducting
“Since October 7,
“MILITARY OPERATIONS IN
participation of U.S.
detention operations
2001, the United
SUPPORT OF U.S.
Armed Forces in all of
in Cuba “under
States has conducted
COUNTERTERRORISM
these operations
Public Law 107-40
combat operations in
OBJECTIVES”
[both GWOT and
and consistent with
Afghanistan against al-
Combat action against Al
other unrelated
principles of the law
Qa'ida terrorists and
Qaeda and the Taliban in
operations] pursuant
of war”
their Taliban
Afghanistan (continuing)
to my constitutional . . “I have directed the
supporters. It has also
. authority as
deployed combat-
Conducting secure detention
participation of U.S.
Commander in Chief
equipped forces to a
operations in Guantanamo Bay,
Armed Forces in all
. . . and as Chief
number of locations in
Cuba (continuing)
of these operations
Executive, as well as
[both GWOT and
the U.S. Central,
U.S. armed forces working with
my . . . constitutional
other unrelated
Pacific, European,
“partners around the globe,
authority to conduct
operations] pursuant
Southern, and Africa
with a particular focus on the
the foreign relations
to my . . . statutory
Command areas of
U.S. Central Command’s area
of the United States.”
authority as
operation in support
of operations”; deployments,
Commander in Chief
of those and other
“including special operations
(including the
overseas operations.
and other forces”, to enhance
authority to carryout Operations and
counterterrorism capabilities of
[sic] Public Law 107-
deployments remain
“friends and allies” “[i]n this
40 and other
ongoing. Previous such
context” (continuing)
statutes) and as
operations were
Deployment to Djibouti to
Chief Executive, as
reported consistent
provide command and control
well as my statutory . with Public Law 107–
support to U.S. forces in the
. . authority to
40 and the War
Horn of Africa (continuing)
conduct the foreign
Powers Resolution.”
U.S. armed forces working with
relations of the
counterterrorism partners to
United States.”
disrupt and degrade Al Qaeda
and affiliates
Congressional Research Service
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Reference to
Relevant Country, Geographic
Reference to
Reference to
Legislative
Date
Area, Targeted Group, or Type
Constitutional
Legislative
of Action
Authority
Authority
Reporting
Requirement
12/15/2010 Under section entitled
“I have directed the
Conducting
“Since October 7,
“MILITARY OPERATIONS
participation of U.S.
detention operations
2001, the United
AGAINST AL-QA’IDA, THE
Armed Forces in all of
in Cuba “under
States has conducted
TALIBAN, AND ASSOCIATED
these operations
Public Law 107-40
combat operations in
FORCES AND IN SUPPORT OF
[both GWOT and
and consistent with
Afghanistan against al-
RELATED U.S.
other unrelated
principles of the law
Qa'ida terrorists and
COUNTERTERRORISM
operations] pursuant
of war”
their Taliban
OBJECTIVES”
to my constitutional . . “I have directed the
supporters. In support
Combat action against Al
. authority as
participation of U.S.
of these and other
Qaeda and the Taliban in
Commander in Chief Armed Forces in all
overseas operations,
Afghanistan (continuing)
. . . and as Chief
of these operations
the United States has
Executive, as well as
deployed combat-
Conducting secure detention
[both GWOT and
my . . . constitutional
equipped forces to a
operations in Guantanamo Bay,
other unrelated
authority, to conduct
number of locations in
Cuba (continuing)
operations] pursuant
the foreign relations
to my . . . statutory
the U.S. Central,
“In furtherance of U.S. efforts
of the United States.”
authority as
Pacific, European,
against members of al-Qa'ida,
Commander in Chief
Southern, and Africa
the Taliban, and associated
(including the
Command areas of
forces . . . ,” U.S. armed forces
authority to carry
operation. Previous
working with “partners around
out Public Law 107-
such operations and
the globe, with a particular
40 and other
deployments have
focus on the U.S. Central
statutes) and as
been reported,
Command’s area of
Chief Executive, as
consistent with Public
operations”; deployments,
well as my statutory . Law 107-40 and the
“including special operations
. . authority, to
War Powers
and other forces”, to enhance
conduct the foreign
Resolution, and
counterterrorism capabilities of
relations of the
operations and
“friends and allies” “[i]n this
United States.”
deployments remain
context” (continuing)
ongoing.”
U.S. armed forces working with
counterterrorism partners to
disrupt and degrade Al Qaeda
and affiliates (continuing)
“A classified annex to this
report provides further
information.”
Congressional Research Service
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Reference to
Relevant Country, Geographic
Reference to
Reference to
Legislative
Date
Area, Targeted Group, or Type
Constitutional
Legislative
of Action
Authority
Authority
Reporting
Requirement
6/15/2011
Under section entitled
“I have directed the
Conducting
“Since October 7,
“MILITARY OPERATIONS
participation of U.S.
detention operations
2001, the United
AGAINST AL-QA’IDA, THE
Armed Forces in all of
in Cuba “under
States has conducted
TALIBAN, AND ASSOCIATED
these operations
Public Law 107-40
combat operations in
FORCES AND IN SUPPORT OF
[both GWOT and
and consistent with
Afghanistan against al-
RELATED U.S.
other unrelated
principles of the law
Qa'ida terrorists and
COUNTERTERRORISM
operations] pursuant
of war”
their Taliban
OBJECTIVES”
to my constitutional . . “I have directed the
supporters. In support
Combat action against Al
. authority as
participation of U.S.
of these and other
Qaeda and the Taliban in
Commander in Chief Armed Forces in all
overseas operations,
Afghanistan (continuing)
. . . and as Chief
of these operations
the United States has
Executive, as well as
deployed combat-
Detention of approximately
[both GWOT and
my . . . constitutional
equipped forces to a
1,000 Al Qaeda, Taliban, and
other unrelated
authority, to conduct
number of locations in
associated fighters
operations] pursuant
the foreign relations
to my . . . statutory
the U.S. Central,
Conducting secure detention
of the United States.”
authority as
Pacific, European,
operations in Guantanamo Bay,
Commander in Chief
Southern, and Africa
Cuba (continuing)
(including the
Command areas of
“In furtherance of U.S. efforts
authority to carry
operation. Previously
against members of al-Qa'ida,
out Public Law 107-
such operations and
the Taliban, and associated
40 and other
deployments have
forces . . . ,” U.S. armed forces
statutes) and as
been reported,
working with “partners around
Chief Executive, as
consistent with Public
the globe, with a particular
well as my statutory . Law 107–40 and the
focus on the U.S. Central
. . authority, to
War Powers
Command’s area of
conduct the foreign
Resolution, and
responsibility”; deployments,
relations of the
operations and
“including special operations
United States.”
deployments remain
and other forces”, to enhance
ongoing.”
counterterrorism capabilities of
“friends and allies” “[i]n this
context” (continuing)
U.S. armed forces working with
counterterrorism partners to
disrupt and degrade Al Qaeda
and affiliates (continuing)
“A classified annex to this
report provides further
information.”
Congressional Research Service
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Reference to
Relevant Country, Geographic
Reference to
Reference to
Legislative
Date
Area, Targeted Group, or Type
Constitutional
Legislative
of Action
Authority
Authority
Reporting
Requirement
12/15/2011 Under section entitled
“I have directed the
Conducting
“Since October 7,
“MILITARY OPERATIONS
participation of U.S.
detention operations
2001, the United
AGAINST AL-QA’IDA, THE
Armed Forces in all of
in Cuba “under
States has conducted
TALIBAN, AND ASSOCIATED
these operations
Public Law 107-40
combat operations in
FORCES AND IN SUPPORT OF
[both GWOT and
and consistent with
Afghanistan against al-
RELATED U.S.
other unrelated
principles of the law
Qa'ida terrorists and
COUNTERTERRORISM
operations] pursuant
of war”
their Taliban
OBJECTIVES”
to my constitutional . . “I have directed the
supporters. In support
Combat action against Al
. authority as
participation of U.S.
of these and other
Qaeda and the Taliban in
Commander in Chief Armed Forces in all
overseas operations,
Afghanistan (continuing)
. . . and as Chief
of these operations
the United States has
Executive, as well as
deployed combat-
U.S. forces executing clear-
[both GWOT and
my . . . constitutional
equipped forces to a
hold-build strategy in
other unrelated
authority to conduct
number of locations in
Afghanistan
operations] pursuant
the foreign relations
to my . . . statutory
the U.S. Central,
Detention of approximately
of the United States.”
authority as
Pacific, European,
2,500 Al Qaeda, Taliban, and
Commander in Chief
Southern, and Africa
associated fighters (continuing)
(including the
Command areas of
Conducting secure detention
authority to carry
operation. Previously
operations in Guantanamo Bay,
out Public Law 107-
such operations and
Cuba (continuing)
40 and other
deployments have
“In furtherance of U.S. efforts
statutes) and as
been reported,
against members of al-Qa'ida,
Chief Executive, as
consistent with Public
the Taliban, and associated
well as my . . .
Law 107–40 and the
forces . . . ,” U.S. armed forces
statutory authority
War Powers
working with “partners around
to conduct the
Resolution, and
the globe, with a particular
foreign relations of
operations and
focus on the U.S. Central
the United States.”
deployments remain
Command’s area of
ongoing.”
responsibility”; deployments,
“including special operations
and other forces”, to enhance
counterterrorism capabilities of
“friends and allies” “[i]n this
context” (continuing)
U.S. armed forces working with
counterterrorism partners to
disrupt and degrade Al Qaeda
and affiliates (continuing)
“A classified annex to this
report provides further
information.”
Sources: Federal Register; Compilation of Presidential Documents.
Congressional Research Service
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June 2012–June 2014 Notifications
This group of notifications continued much the same as the preceding group but added reference to
detention operations in Afghanistan, with the President relying on the 2001 AUMF as direct authority for
such actions. See Table 6 below for more information and precise language related to 2001 AUMF
references in these notifications.
Table 6. June 2012–June 2014 Notifications
Including relevant notification, authority, and reporting language
Relevant Country, Geographic
Reference to
Reference to
Reference to
Legislative
Date
Area, Targeted Group, or Type of
Constitutional
Legislative
Reporting
Action
Authority
Authority
Requirement
6/15/2012
Under section entitled “MILITARY
“I have directed the
“United States
“Since October 7,
OPERATIONS AGAINST AL-QA’IDA,
participation of U.S.
Armed Forces are
2001, the United
THE TALIBAN, AND ASSOCIATED
Armed Forces in all
detaining in
States has
FORCES AND IN SUPPORT OF
of these operations
Afghanistan
conducted combat
RELATED U.S.
[both GWOT and
approximately 2,748
operations in
COUNTERTERRORISM (CT)
other unrelated
individuals under the
Afghanistan against
OBJECTIVES”
operations]
Authorization for the al-Qa'ida terrorists,
Combat action against Al Qaeda
pursuant to my
Use of Military Force their Taliban
and the Taliban in Afghanistan
constitutional . . .
(Public Law 107–40)
supporters, and
(continuing)
statutory authority
as informed by the
associated forces. In
as Commander in
laws of war.”
support of these
Detention of approximately 2,748
Chief . . . and as
and other overseas
individuals in Afghanistan
Conducting
Chief Executive, as
operations, the
(continuing)
detention operations
well as my
in Cuba “under
United States has
Conducting secure detention
constitutional . . .
Public Law 107-40
deployed combat
operations in Guantanamo Bay,
authority to
and consistent with
equipped forces to a
Cuba for approximately 169
conduct the foreign
principles of the law
number of locations
detainees (continuing)
relations of the
of war”
in the U.S. Central,
“In furtherance of U.S. efforts
United States.”
Pacific, European,
“I have directed the
against members of al-Qa'ida, the
Southern, and Africa
participation of U.S.
Taliban, and associated forces . . . ,”
Command areas of
Armed Forces in all
U.S. armed forces working with
operation.
of these operations
“partners around the globe, with a
Previously such
[both GWOT and
particular focus on the U.S. Central
operations and
other unrelated
Command’s area of responsibility”;
deployments have
operations] pursuant
deployments, “including special
been reported,
to my . . . statutory
operations and other forces”, to
consistent with
authority as
enhance counterterrorism
Public Law 107–40
Commander in Chief
capabilities of “friends and allies”
and the War
(including the
“[i]n this context” (continuing)
Powers Resolution,
authority to carry
Direct military action in Somalia
and operations and
out Public Law 107–
against Al Qaeda/Al Shabaab
deployments remain
40 and other
ongoing.”
Cooperation with Yemeni
statutes) and as
government and direct military
Chief Executive, as
action in Yemen against Al Qaeda
well as my . . .
in the Arabian Peninsula (AQAP)
statutory authority
U.S. armed forces working with
to conduct the
counterterrorism partners to
foreign relations of
disrupt and degrade Al Qaeda and
the United States.”
affiliates (continuing)
“A classified annex to this report
provides further information.”
Congressional Research Service
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Reference to
Relevant Country, Geographic
Reference to
Reference to
Legislative
Date
Area, Targeted Group, or Type of
Constitutional
Legislative
Action
Authority
Authority
Reporting
Requirement
12/14/2012 Under section entitled “MILITARY
“I have directed the
“United States
“Since October 7,
OPERATIONS AGAINST AL-QA’IDA,
participation of U.S.
Armed Forces are
2001, the United
THE TALIBAN, AND ASSOCIATED
Armed Forces in all
detaining in
States has
FORCES AND IN SUPPORT OF
of these operations
Afghanistan
conducted combat
RELATED U.S.
[both GWOT and
approximately 946
operations in
COUNTERTERRORISM
other unrelated
individuals under the
Afghanistan against
OBJECTIVES”
operations]
Authorization for the al-Qa'ida terrorists,
Combat action against Al Qaeda
pursuant to my
Use of Military Force their Taliban
and the Taliban in Afghanistan
constitutional . . .
(Public Law 107–40)
supporters, and
(continuing)
authority as
as informed by the
associated forces. In
Commander in
law of war.”
support of these
Detention of approximately 946
Chief . . . and as
and other overseas
individuals in Afghanistan
Conducting
Chief Executive, as
operations, the
(continuing)
detention operations
well as my
in Cuba “under
United States has
Conducting secure detention
constitutional . . .
Public Law 107-40
deployed combat-
operations in Guantanamo Bay,
authority to
and consistent with
equipped forces to a
Cuba for approximately 166
conduct the foreign
principles of the law
number of locations
detainees (continuing)
relations of the
of war”
in the U.S. Central,
“In furtherance of U.S. efforts
United States.
Pacific, European,
“I have directed the
against members of al-Qa'ida, the
Southern, and Africa
participation of U.S.
Taliban, and associated forces . . . ,”
Command areas of
Armed Forces in all
U.S. armed forces working with
operation.
of these operations
“partners around the globe, with a
Previously such
[both GWOT and
particular focus on the U.S. Central
operations and
other unrelated
Command’s area of responsibility”;
deployments have
operations] pursuant
deployments, “including special
been reported,
to my . . . statutory
operations and other forces”, to
consistent with
authority as
enhance counterterrorism
Public Law 107–40
Commander in Chief
capabilities of “friends and allies”
and the War
(including the
“[i]n this context” (continuing)
Powers Resolution,
authority to carry
Direct military action in Somalia
and operations and
out Public Law 107–
against Al Qaeda/Al Shabaab
deployments remain
40 and other
(continuing)
ongoing.”
statutes) and as
Cooperation with Yemeni
Chief Executive, as
government and direct military
well as my . . .
action in Yemen against Al Qaeda
statutory authority
in the Arabian Peninsula (AQAP)
to conduct the
(continuing)
foreign relations of
U.S. armed forces working with
the United States.”
counterterrorism partners to
disrupt and degrade Al Qaeda and
affiliates (continuing)
“A classified annex to this report
provides further information.”
Congressional Research Service
25
Reference to
Relevant Country, Geographic
Reference to
Reference to
Legislative
Date
Area, Targeted Group, or Type of
Constitutional
Legislative
Action
Authority
Authority
Reporting
Requirement
6/14/2013
Under subsection entitled “Military
“I have directed the
“United States forces “Since October 7,
Operations Against al-Qa’ida, the
participation of U.S.
in Afghanistan
2001, the United
Taliban, and Associated Forces and in
Armed Forces in all
continue to detain
States has
Support of Related U.S.
of these operations
approximately 66
conducted combat
Counterterrorism Objectives”
[both GWOT and
third-country
operations in
Combat action against Al Qaeda
other unrelated
nationals under the
Afghanistan against
and the Taliban in Afghanistan
operations]
2001 Authorization
al-Qa'ida, the
(continuing)
pursuant to my
for the Use of
Taliban, and
constitutional . . .
Military Force (Public associated forces. In
U.S. armed forces working with
authority as
Law 107–40), as
support of these
counterterrorism partners to
Commander in
informed by the law
and other overseas
disrupt and degrade Al Qaeda, the
Chief . . . and as
of war.”
operations, the
Taliban, and associated forces
Chief Executive, as
United States has
(continuing)
Conducting
well as my
detention operations
deployed combat-
Detention of approximately 66
constitutional . . .
in Cuba “under the
equipped forces to a
individuals in Afghanistan
authority to
authority provided
number of locations
(continuing)
conduct the foreign
by the 2001
in the U.S. Central,
Conducting secure detention
relations of the
Authorization for the Pacific, European,
operations in Guantanamo Bay,
United States.”
Use of Military Force Southern, and Africa
Cuba for approximately 166
(Public Law 107-40)
Command areas of
detainees (continuing)
as informed by the
operation.
U.S. military working to counter Al
law of war”
Previously, such
Qaeda/Al Shabaab in Somalia
operations and
“I have directed the
(continuing)
deployments have
participation of U.S.
been reported,
Cooperation with Yemeni
Armed Forces in all
consistent with
government and direct military
of these operations
Public Law 107–40
action in Yemen against Al Qaeda
[both GWOT and
and the War
in the Arabian Peninsula (AQAP)
other unrelated
Powers Resolution,
(continuing)
operations] pursuant
and operations and
Classified annex provides further
to my . . . statutory
deployments remain
information
authority as
ongoing.”
Commander in Chief
(including the
authority to carry
out Public Law 107–
40 and other
statutes) and as
Chief Executive, as
well as my . . .
statutory authority
to conduct the
foreign relations of
the United States.”
Congressional Research Service
26
Reference to
Relevant Country, Geographic
Reference to
Reference to
Legislative
Date
Area, Targeted Group, or Type of
Constitutional
Legislative
Action
Authority
Authority
Reporting
Requirement
12/13/2013 Under subsection entitled “Military
“I have directed the
“United States forces “Since October 7,
Operations Against al-Qa’ida, the
participation of U.S.
in Afghanistan
2001, the United
Taliban, and Associated Forces and in
Armed Forces in all
continue to detain
States has
Support of Related U.S.
of these operations
approximately 53
conducted combat
Counterterrorism Objectives”
[both GWOT and
third-country
operations in
Combat action against Al Qaeda
other unrelated
nationals under the
Afghanistan against
and the Taliban in Afghanistan
operations]
2001 Authorization
al-Qa'ida, the
(continuing)
pursuant to my
for the Use of
Taliban, and
constitutional . . .
Military Force (Public associated forces. In
U.S. armed forces working with
authority as
Law 107–40), as
support of these
counterterrorism partners to
Commander in
informed by the law
and other overseas
disrupt and degrade Al Qaeda, the
Chief . . . and as
of war.”
operations, the
Taliban, and associated forces
Chief Executive, as
United States has
(continuing)
Conducting
well as my
detention operations
deployed combat-
Detention of approximately 53
constitutional . . .
in Cuba “under the
equipped forces to a
individuals in Afghanistan
authority to
authority provided
number of locations
(continuing)
conduct the foreign
by the 2001
in the U.S. Central,
Conducting secure detention
relations of the
Authorization for the Pacific, European,
operations in Guantanamo Bay,
United States.”
Use of Military Force Southern, and Africa
Cuba for approximately 162
(Public Law 107-40),
Command areas of
detainees (continuing)
as informed by the
operation. Such
U.S. Armed Forces captured
law of war”
operations and
member of Al Qaeda in Libya in
deployments have
“I have directed the
October 2013
been reported
participation of U.S.
previously,
U.S. military working to counter Al
Armed Forces in all
consistent with
Qaeda/Al Shabaab in Somalia
of these operations
Public Law 107–40
(continuing); conducted a raid in
[both GWOT and
and the War
Somalia to capture a top Al
other unrelated
Powers Resolution,
Shabaab commander in October
operations] pursuant
and operations and
2013
to my . . . statutory
deployments remain
Cooperation with Yemeni
authority as
ongoing.”
government and direct military
Commander in Chief
action in Yemen against Al Qaeda
(including the
in the Arabian Peninsula (AQAP)
authority to carry
(continuing)
out Public Law 107–
40 and other
Classified annex provides further
statutes) and as
information
Chief Executive, as
well as my . . .
statutory authority
to conduct the
foreign relations of
the United States.”
Congressional Research Service
27
Reference to
Relevant Country, Geographic
Reference to
Reference to
Legislative
Date
Area, Targeted Group, or Type of
Constitutional
Legislative
Action
Authority
Authority
Reporting
Requirement
6/12/2014
Under subsection entitled “Military
“I have directed the
“United States forces “Since October 7,
Operations Against al-Qa’ida, the
participation of U.S.
in Afghanistan
2001, the United
Taliban, and Associated Forces and in
Armed Forces in all
continue to detain
States has
Support of Related U.S.
of these operations
approximately 38
conducted combat
Counterterrorism Objectives”
[both GWOT and
third-country
operations in
Combat action against Al Qaeda
other unrelated
nationals under the
Afghanistan against
and the Taliban in Afghanistan
operations]
2001 Authorization
al-Qa'ida, the
(continuing)
pursuant to my
for the Use of
Taliban, and
constitutional . . .
Military Force (Public associated forces. In
U.S. armed forces working with
authority as
Law 107–40), as
support of these
partners in the “region” of
Commander in
informed by the law
and other overseas
Afghanistan to detect and disrupt
Chief . . . and as
of war.”
operations, the
extremist threats
Chief Executive, as
Conducting
United States has
Detention of approximately 38
well as my
detention operations
deployed combat-
individuals in Afghanistan
constitutional . . .
in Cuba “under the
equipped forces to a
(continuing)
authority to
authority provided
number of locations
Conducting secure detention
conduct the foreign
by the 2001
in the U.S. Central,
operations in Guantanamo Bay,
relations of the
Authorization for the Pacific, European,
Cuba for approximately 149
United States.”
Use of Military Force Southern, and Africa
detainees (continuing)
(Public Law 107-40),
Command areas of
U.S. military working to counter Al
as informed by the
operation. Such
Qaeda/Al Shabaab in Somalia
law of war”
operations and
(continuing); conducted a
deployments have
“I have directed the
counterterrorism strike in January
been reported
participation of U.S.
2014
previously,
Armed Forces in all
consistent with
Cooperation with Yemeni
of these operations
Public Law 107–40
government and direct military
[both GWOT and
and the War
action in Yemen against Al Qaeda
other unrelated
Powers Resolution,
in the Arabian Peninsula (AQAP)
operations] pursuant
and operations and
(continuing)
to my . . . statutory
deployments remain
Classified annex provides further
authority as
ongoing.”
information
Commander in Chief
(including the
authority to carry
out Public Law 107–
40 and other
statutes) and as
Chief Executive, as
well as my . . .
statutory authority
to conduct the
foreign relations of
the United States.”
Sources: Federal Register; Compilation of Presidential Documents.
Congressional Research Service
28
September 2014 Islamic State-Related Notifications
In June 2014, the United States began deploying increased numbers of military personnel to Iraq in
response to the threat posed by the Islamic State, and President Obama notified Congress of these
deployments “consistent with” the War Powers Resolution. In August 2014, President Obama notified
Congress of the initiation of limited U.S. airstrikes against IS targets, again referencing War Powers
Resolution reporting requirements but making no mention of the 2001 AUMF. The President addressed
the nation on September 10, 2014 to discuss his intent to engage in a long-term series of airstrikes, new
deployments, and other military actions against the Islamic State. Later, on September 23, 2014, the
President transmitted two notifications to Congress relating to commencement of anti-IS and other anti-
terror operations in Iraq and Syria. In both notifications, President Obama stated that such actions were
taken pursuant to his constitutional and statutory authorities, including the authority provided in the 2001
AUMF. The President stated that his notifications were made under War Powers Resolution reporting
requirements, without reference to such action being “consistent with” the 2001 AUMF, as in previous
notifications. Beginning with the December 2014 periodic consolidated notification to Congress,
President Obama included military operations against the Islamic State in the anti-terror section of each
notification. See Table 7 below for more information and precise language related to 2001 AUMF
references in these notifications.
Table 7. September 2014 Islamic State-Related Notifications and December 2014
Notification
Including relevant notification, authority, and reporting language
Relevant Country,
Reference to
Reference to
Legislative
Date
Geographic Area, Targeted
Reference to
Constitutional Authority
Legislative
Reporting
Group, or Type of Action
Authority
Requirement
9/23/2014
Systematic campaign of
“I have directed these
“I have directed
“I am providing
airstrikes and other
actions, which are in the
these actions, which
this report as part
necessary actions against the national security and foreign
are in the national
of my efforts to
Islamic State of Iraq and the
policy interests of the United
security and foreign
keep the Congress
Levant (ISIL) in Iraq and
States, pursuant to my
policy interests of
ful y informed,
Syria
constitutional . . . authority
the United States,
consistent with the
Deployment of 475
as Commander in Chief . . .
pursuant to my . . .
War Powers
additional U.S. Armed
and as Chief Executive, as
statutory authority
Resolution (Public
Forces personnel to Iraq
well as my constitutional . . .
as Commander in
Law 93-148).”
authority to conduct the
Chief (including the
Use of U.S. armed forces to
foreign relations of the
authority to carry
train and provide
United States.”
out Public Law 107-
communications,
40 and Public Law
intelligence, and other
107-243) and as
support to Iraqi security
Chief Executive, as
forces
well as my . . .
statutory authority
to conduct the
foreign relations of
the United States.”
Congressional Research Service
29
Reference to
Relevant Country,
Reference to
Reference to
Legislative
Date
Geographic Area, Targeted
Legislative
Group, or Type of Action
Constitutional Authority
Authority
Reporting
Requirement
9/23/2014
Series of strikes in Syria
“I have directed these
“I have directed
“I am providing
against the Khorasan Group
actions, which are in the
these actions, which
this report as part
of Al Qaeda
national security and foreign
are in the national
of my efforts to
policy interests of the United
security and foreign
keep the Congress
States, pursuant to my
policy interests of
ful y informed,
constitutional . . . authority
the United States,
consistent with the
as Commander in Chief . . .
pursuant to my . . .
War Powers
and as Chief Executive, as
statutory authority
Resolution (Public
well as my constitutional . . .
as Commander in
Law 93-148).”
authority to conduct the
Chief (including the
foreign relations of the
authority to carry
United States.”
out Public Law 107-
40) and as Chief
Executive, as well as
my . . . statutory
authority to conduct
the foreign relations
of the United
States.”
Congressional Research Service
30
Reference to
Relevant Country,
Reference to
Reference to
Legislative
Date
Geographic Area, Targeted
Legislative
Group, or Type of Action
Constitutional Authority
Authority
Reporting
Requirement
12/11/2014 Under subsection entitled
“I have directed the
“United States forces “Since October 7,
“Military Operations Against
participation of U.S. Armed
in Afghanistan
2001, the United
al-Qa’ida, the Taliban, and
Forces in all of these
continue to detain a
States has
Associated Forces and in
operations [both GWOT and
small number of
conducted combat
Support of Related U.S.
other unrelated operations]
third-country
operations in
Counterterrorism Objectives”
pursuant to my constitutional
nationals under the
Afghanistan against
Combat action against Al
. . . authority as Commander
2001 Authorization
al-Qa'ida, the
Qaeda and the Taliban in
in Chief . . . , and as Chief
for the Use of
Taliban, and
Afghanistan until end of
Executive, as well as my
Military Force (Public associated forces.
2014 (continuing)
constitutional . . . authority to Law 107–40), as
In support of these
conduct the foreign relations
informed by the law
and other overseas
U.S. armed forces working
of the United States.”
of war.”
operations, the
with partners in the
United States has
“region” of Afghanistan to
Conducting
deployed combat-
detect and disrupt extremist
detention operations
equipped forces to
threats (continuing)
in Cuba “under the
authority provided
a number of
Detention of a “small
by the 2001
locations in the
number” of individuals in
Authorization for the U.S. Central,
Afghanistan (continuing)
Use of Military Force Pacific, European,
Conducting secure
(Public Law 107-40),
Southern, and
detention operations in
as informed by the
Africa Command
Guantanamo Bay, Cuba for
law of war”
areas of operation.
approximately 142 detainees
Such operations
“I have directed the
(continuing)
and deployments
participation of U.S.
Systematic campaign of
have been
Armed Forces in all
airstrikes and other
reported
of these operations
necessary actions against the
previously,
[both GWOT and
Islamic State of Iraq and the
consistent with
other unrelated
Levant (ISIL) in Iraq and
Public Law 107–40
operations] pursuant
Syria, and strikes in Syria
and the War
to my . . . statutory
against the Khorasan Group
Powers
authority as
of Al Qaeda (continuing)
Resolution, and
Commander in Chief
operations and
Use of U.S. armed forces to
(including the
deployments
train and provide
authority to carry
remain ongoing.”
communications,
out Public Law 107–
intelligence, and other
40 and other
support to Iraqi security
statutes), and as
forces (continuing)
Chief Executive, as
U.S. military working to
well as my . . .
counter Al Qaeda/Al
statutory authority
Shabaab in Somalia
to conduct the
(continuing); conducted
foreign relations of
airstrike in September 2014
the United States.”
Cooperation with Yemeni
government and direct
military action in Yemen
against Al Qaeda in the
Arabian Peninsula (AQAP)
(continuing)
Classified annex provides
further information
Sources: Federal Register; Compilation of Presidential Documents.
Congressional Research Service
31
June 2015–December 2017 Notifications
The June and December 2015 notifications continued to include information similar to that of the
December 2014 notification and June 2012–June 2014, pre-IS notifications, but removed reference to
2001 AUMF authority for detention operations in Afghanistan, presumably because those operations had
ended. See Table 8 below for more information and precise language related to 2001 AUMF references in
these notifications.
Table 8. June 2015–December 2017 Notifications
Including relevant notification, authority, and reporting language
Reference to
Reference to
Reference to
Date
Relevant Country, Geographic Area,
Constitutional
Legislative
Legislative
Targeted Group, or Type of Action
Authority
Authority
Reporting
Requirement
6/11/2015
Under subsection entitled “Military
“I have directed
Conducting
“Since October 7,
Operations Against al-Qa’ida, the Taliban,
the participation detention
2001, U.S. Armed
and Associated Forces and in Support of
of U.S. Armed
operations in
Forces, including
Related U.S. Counterterrorism Objectives”
Forces in all of
Cuba “under the
special operations
Combat mission in Afghanistan ended
these
authority provided forces, have
2014; U.S. armed forces continue to
operations
by the 2001
conducted
conduct and support counterterrorism
[both GWOT
Authorization for
counterterrorism
operations against Al Qaeda and to take
and other
the Use of Military combat operations
“appropriate action” against members of
unrelated
Force (Public Law
in Afghanistan
the Taliban who threaten U.S. or coalition
operations]
107-40), as
against al-Qa'ida,
forces or who support Al Qaeda
pursuant to my
informed by the
the Taliban, and
constitutional . .
law of war”
associated forces.
Conducting secure detention operations in . authority as
In support of these
Guantanamo Bay, Cuba for approximately
“I have directed
Commander in
and other overseas
122 detainees (continuing)
the participation
Chief and as
of U.S. Armed
operations, the
Airstrikes and other necessary actions
Chief Executive Forces in all of
United States has
against the Islamic State of Iraq and the
. . . , as well as
these operations
deployed combat-
Levant (ISIL) in Iraq and Syria, and in
my
[both GWOT and
equipped forces to
Syria against the Khorasan Group of Al
constitutional . .
other unrelated
a number of
Qaeda (continuing); May 2015 raid in Syria . authority to
operations]
locations in the
against ISIL
conduct the
pursuant to my . . . U.S. Central,
Use of U.S. armed forces to train and
foreign relations statutory authority Pacific, European,
provide communications, intelligence, and
of the United
as Commander in
Southern, and
other support to Iraqi security forces
States.”
Chief and as Chief
Africa Command
(continuing)
Executive
areas of operation.
U.S. military working to counter Al
(including the
Such operations
Qaeda/Al Shabaab in Somalia
authority to carry
and deployments
(continuing); conducted counterterrorism
out Public Law
have been
strikes in Somalia in December 2014 and
107–40 and other
reported
January and March 2015
statutes), as well
previously,
consistent with
Cooperation with Yemeni government
as my . . .
Public Law 107–40
and direct military action in Yemen
statutory authority and the War
against Al Qaeda in the Arabian Peninsula
to conduct the
Powers
(AQAP) (continuing)
foreign relations of
the United States.” Resolution, and
Deployment to Djibouti to coordinate CT
operations and
operations in Horn of Africa
deployments
Classified annex provides further
remain ongoing.”
information
Congressional Research Service
32
Reference to
Relevant Country, Geographic Area,
Reference to
Reference to
Legislative
Date
Constitutional
Legislative
Targeted Group, or Type of Action
Authority
Authority
Reporting
Requirement
12/11/2015 Under subsection entitled “Military
“I have directed
Conducting
“Since October 7,
Operations Against al-Qa’ida, the Taliban,
the participation detention
2001, U.S. Armed
and Associated Forces and in Support of
of U.S. Armed
operations in
Forces, including
Related U.S. Counterterrorism Objectives”
Forces in all of
Cuba “under the
special operations
Combat mission in Afghanistan ended
these
authority provided forces, have
2014; U.S. armed forces continue to
operations
by the 2001
conducted
conduct and support counterterrorism
[both GWOT
Authorization for
counterterrorism
operations against Al Qaeda and to take
and other
the Use of Military combat operations
“appropriate measures” against members
unrelated
Force (Public Law
in Afghanistan
of the Taliban who threaten U.S. or
operations]
107-40), as
against al-Qa'ida,
coalition forces or who support Al Qaeda
pursuant to my
informed by the
the Taliban, and
constitutional . .
law of war”
associated forces.
Conducting secure detention operations in . authority as
In support of these
Guantanamo Bay, Cuba for approximately
“I have directed
Commander in
and other overseas
107 detainees (continuing)
the participation
Chief and as
of U.S. Armed
operations, the
Airstrikes and other necessary actions
Chief Executive Forces in all of
United States has
against the Islamic State of Iraq and the
. . . , as well as
these operations
deployed combat-
Levant (ISIL) in Iraq and Syria, and in
my
[both GWOT and
equipped forces to
Syria against the Khorasan Group of Al
constitutional . .
other unrelated
a number of
Qaeda (continuing); October 2015 U.S.
. authority to
operations]
locations in the
Armed Forces supported Iraqi Kurdish
conduct the
pursuant to my . . . U.S. Central,
Peshmerga rescue mission in Hawijah,
foreign relations statutory authority Pacific, European,
Iraq; special operations forces deployed to
of the United
as Commander in
Southern, and
northern Syria
States.”
Chief and as Chief
Africa Command
Use of U.S. armed forces to train and
Executive
areas of operation.
provide communications, intelligence, and
(including the
Such operations
other support to Iraqi security forces
authority to carry
and deployments
(continuing)
out Public Law
have been
Deployment of combat aircraft and
107–40 and other
reported
personnel to Turkey for anti-ISIL strikes
statutes), as well
previously,
consistent with
U.S. military working to counter Al
as my . . .
Public Law 107–40
Qaeda/Al Shabaab in Somalia
statutory authority and the War
(continuing); conducted airstrike in
to conduct the
Powers
December 2015, and airstrikes in support
foreign relations of Resolution, and
of Somali, AMISOM, and U.S. forces
the United States.” operations and
between June 28 and July 29, 2015, and on
deployments
November 21, 2015
remain ongoing.”
Cooperation with Yemeni government
and direct military action in Yemen
against Al Qaeda in the Arabian Peninsula
(AQAP) (continuing)
Deployment to Djibouti to coordinate CT
operations in Horn of Africa
Airstrike in Libya in June 2015 against
member of Al Qaeda in the Islamic
Maghreb (AQIM); airstrike in Libya on
November 13, 2015 against ISIL leader
Congressional Research Service
33
Reference to
Relevant Country, Geographic Area,
Reference to
Reference to
Legislative
Date
Constitutional
Legislative
Targeted Group, or Type of Action
Authority
Authority
Reporting
Requirement
6/13/2016
Under subsection entitled “Military
“I have directed
Conducting
“Since October 7,
Operations Against al-Qa’ida, the Taliban,
the participation detention
2001, U.S. Armed
and Associated Forces and in Support of
of U.S. Armed
operations in
Forces, including
Related U.S. Counterterrorism Objectives”
Forces in all of
Cuba “under the
special operations
Combat mission in Afghanistan ended
these
authority provided forces, have
2014; U.S. armed forces continue to
operations
by the 2001
conducted
conduct and support counterterrorism
[both GWOT
Authorization for
counterterrorism
operations against Al Qaeda and to take
and other
the Use of Military combat operations
“appropriate measures” against members
unrelated
Force (Public Law
in Afghanistan
of the Taliban who threaten U.S. or
operations]
107-40), as
against al-Qa'ida,
coalition forces or who support Al Qaeda
pursuant to my
informed by the
the Taliban, and
(continuing)
constitutional . .
law of war.”
associated forces.
. authority as
In support of these
Conducting secure detention operations in
“I have directed
Commander in
and other overseas
Guantanamo Bay, Cuba for approximately
the participation
Chief and as
operations, the
107 detainees (continuing)
of U.S. Armed
Chief Executive Forces in all of
United States has
Airstrikes and other necessary actions
. . . , as well as
these operations
deployed combat-
against the Islamic State of Iraq and the
my
[both GWOT and
equipped forces to
Levant (ISIL) in Iraq and Syria, and in
constitutional . .
other unrelated
a number of
Syria against “operatives of Al Qaeda”
. authority to
operations]
locations in the
(continuing); providing support to Iraqi
conduct the
pursuant to my . . . U.S. Central,
Kurdish Peshmerga forces; special
foreign relations statutory authority Pacific, European,
operations forces deployed to northern
of the United
as Commander in
Southern, and
Syria (continuing)
States.”
Chief and as Chief
Africa Command
Use of U.S. armed forces to train and
Executive
areas of operation.
provide communications, intelligence, and
(including the
Such operations
other support to Iraqi security forces
authority to carry
and deployments
(continuing)
out Public Law
have been
Deployment of combat aircraft and
107–40 and other
reported
personnel to Turkey for anti-ISIL strikes
statutes), as well
previously,
(continuing)
as my . . .
consistent with
Public Law 107–40
U.S. military working to counter Al
statutory authority and the War
Qaeda/Al Shabaab in Somalia
to conduct the
Powers
(continuing); conducted airstrikes in
foreign relations of Resolution, and
March and May 2016, and airstrikes in
the United States.” operations and
support of Somali, AMISOM, and U.S.
deployments
forces between March and May 2016
remain ongoing.”
Cooperation with Yemeni government
and direct military action in Yemen
against Al Qaeda in the Arabian Peninsula
(AQAP) (continuing); conducted airstrikes
in February, March, April, and May 2016;
deployed “small numbers” of personnel to
Yemen April 2016
Deployment to Djibouti to coordinate CT
operations in Horn of Africa (continuing)
and the Arabian Peninsula
Airstrike in Libya in February 2016 against
ISIL facilitator
Congressional Research Service
34
Reference to
Relevant Country, Geographic Area,
Reference to
Reference to
Legislative
Date
Constitutional
Legislative
Targeted Group, or Type of Action
Authority
Authority
Reporting
Requirement
12/5/2016
Under subsection entitled “Military
“I have directed
Conducting
“Since October 7,
Operations Against al-Qa’ida, the Taliban, and
the participation detention
2001, …. [military
Associated Forces and in Support of Related
of U.S. Armed
operations in
operations in
U.S. Counterterrorism Objectives”
Forces in all of
Cuba “under the
support of U.S.
Combat mission in Afghanistan ended 2014;
these
authority provided counterterrorism
U.S. armed forces continue to conduct and
operations
by the 2001
objectives] have
support counterterrorism operations against
[both GWOT
Authorization for
been reported
Al Qaeda and to take “appropriate
and other
the Use of Military previously,
measures” against members of the Taliban
unrelated
Force (Public Law
consistent with
who threaten U.S. or coalition forces or who
operations]
107-40), as
Public Law 107–40
support Al Qaeda (continuing)
pursuant to my
informed by the
and the War
Conducting secure detention operations in
constitutional . .
law of war.”
Powers
Guantanamo Bay, Cuba for approximately
. authority as
“I have directed
Resolution, and
107 detainees (continuing)
Commander in
the participation
operations and
Airstrikes and other necessary actions
Chief and as
of U.S. Armed
deployments
against the Islamic State of Iraq and the
Chief Executive Forces in all of
remain ongoing.”
Levant (ISIL) in Iraq and Syria, and in Syria
. . . , as well as
these operations
against “operatives of Al Qaeda”
my
[both GWOT and
(continuing); providing support to Iraqi
constitutional . .
other unrelated
Kurdish Peshmerga forces; special
. authority to
operations forces deployed to northern Syria
operations]
conduct the
(continuing)
pursuant to my . . .
foreign relations statutory authority
Use of U.S. armed forces to train and
of the United
as Commander in
provide communications, intelligence, and
States.”
Chief and as Chief
other support to Iraqi security forces
(continuing)
Executive
(including the
Deployment of combat aircraft and
authority to carry
personnel to Turkey for anti-ISIL strikes
out Public Law
(continuing)
107–40 and other
U.S. military working to counter Al
statutes), as well
Qaeda/Al Shabaab in Somalia (continuing);
as my . . .
occasionally accompany regional forces
statutory authority
during counterterrorism operations;
to conduct the
“conducted strikes” in June, July, August,
foreign relations of
and September 2016, and airstrikes in
the United States.”
defense of Somali, AMISOM, and U.S. forces
Cooperation with Yemeni government and
direct military action in Yemen against Al
Qaeda in the Arabian Peninsula (AQAP)
(continuing); “small numbers” of personnel
deployed to Yemen (continuing); conducted
airstrikes in July, August, September,
October, and November 2016
Deployment to Djibouti to coordinate CT
operations in Horn of Africa and the Arabian
Peninsula (continuing), and contingency
support for embassy security in East Africa
Airstrikes in Libya in against ISIL, including
in support of Libyan government for
liberation of Sirte
Deployed 2,300 troops to Jordan to support
counter-ISIL operations and promote
regional security
Congressional Research Service
35
Reference to
Relevant Country, Geographic Area,
Reference to
Reference to
Legislative
Date
Constitutional
Legislative
Targeted Group, or Type of Action
Authority
Authority
Reporting
Requirement
6/6/2017
Under subsection entitled “Military Operations
“I have directed
Conducting
“Since October 7,
Against al-Qa’ida, the Taliban, and Associated
the participation detention
2001, …. [military
Forces and in Support of Related U.S.
of U.S. Armed
operations in
operations in
Counterterrorism Objectives”
Forces in all of
Cuba “under the
support of U.S.
Continuing to conduct and support
these
authority provided counterterrorism
counterterrorism operations against Al Qaeda
operations
by the 2001
objectives] have
and to take “appropriate measures” against
[both GWOT
Authorization for
been reported
members of the Taliban who threaten U.S. or
coalition forces or who support Al Qaeda
and other
the Use of Military previously,
(continuing)
unrelated
Force (Public Law
consistent with
Conducting secure detention operations in
operations]
107-40), as
Public Law 107–40
Guantanamo Bay, Cuba for approximately 107
pursuant to my
informed by the
and the War
detainees (continuing)
constitutional . .
law of war.”
Powers
Airstrikes and other necessary actions against
. authority as
“I have directed
Resolution, and
the Islamic State of Iraq and the Levant (ISIL)
Commander in
the participation
operations and
in Iraq and Syria, and in Syria against
Chief and as
of U.S. Armed
deployments
“operatives of Al Qaeda” (continuing);
Chief Executive Forces in all of
remain ongoing.”
providing support to Iraqi Kurdish Peshmerga
. . . , as well as
these operations
forces; special operations forces deployed to
my
Syria (continuing); conducted strike against
[both GWOT and
constitutional . .
pro-Syrian government forces at Tanf on May
other unrelated
. authority to
18, 2017 in defense of U.S. forces
operations]
conduct the
Use of U.S. armed forces to train and provide
pursuant to my . . .
foreign relations
communications, intelligence, and other
statutory authority
support to Iraqi security forces (continuing)
of the United
as Commander in
States.”
Deployment of combat aircraft and personnel
Chief and as Chief
to Turkey for anti-ISIL strikes (continuing)
Executive
U.S. military working to counter Al Qaeda/Al
(including the
Shabaab in Somalia (continuing); occasionally
authority to carry
accompany Somali and AMISOM forces during
out Public Law
counterterrorism operations (continuing);
107–40 and other
“additional” U.S. forces deployed to Kenya to
statutes), as well
support CT operations for East Africa
as my . . .
Cooperation with Yemeni government and
statutory authority
direct military action in Yemen against Al
to conduct the
Qaeda in the Arabian Peninsula (AQAP)
foreign relations of
(continuing); conducted “a number of
the United States.”
airstrikes” and two “raids”
Deployment to Djibouti to coordinate CT
operations in Horn of Africa and the Arabian
Peninsula, and contingency support for embassy
security in East Africa (continuing)
Airstrikes in Libya in against ISIL (continuing),
including in support of Libyan government for
liberation of Sirte in January 2017
Increased deployment 2,850 troops in Jordan to
support counter-ISIL operations and promote
regional security
Deployments continue in Niger and Cameroon
providing intelligence, surveillance, and
reconnaissance support to African partners
conducting CT operations for the Lake Chad
Basin Region
Congressional Research Service
36
Reference to
Relevant Country, Geographic Area,
Reference to
Reference to
Legislative
Date
Constitutional
Legislative
Targeted Group, or Type of Action
Authority
Authority
Reporting
Requirement
12/11/2017 Under subsection entitled “Military Operations
“I have directed
Conducting
“Since October 7,
Against al-Qa’ida, the Taliban, and Associated Forces
the participation detention
2001, …. [military
and in Support of Related U.S. Counterterrorism
of United States
operations in
operations in
Objectives”
Armed Forces
Cuba “under the
support of U.S.
Continuing to conduct and support
counterterrorism operations against Al Qaeda and
in all of the
authority provided counterterrorism
to take “appropriate measures” against members
above-described by the 2001
objectives] have
of the Taliban who threaten U.S. or coalition
operations
Authorization for
been reported
forces or who support Al Qaeda (continuing)
[both GWOT
the Use of Military previously,
Conducting secure detention operations in
and other
Force (Public Law
consistent with
Guantanamo Bay, Cuba for approximately 107
unrelated
107-40), as
Public Law 107–40,
detainees (continuing)
operations]
informed by the
Public Law 107-
Airstrikes and other necessary actions against the
pursuant to my
law of war.”
243, the War
Islamic State of Iraq and Syria (ISIS) in Iraq and
constitutional . .
Powers
Syria, and in Syria against Al Qaeda (continuing);
“I have directed
conducting special operations in Syria against ISIS
. authority as
the participation
Resolution, and
with “indigenous ground forces”; providing
Commander in
of U.S. Armed
other statutes.”
communications, intelligence, and other support to
Chief and as
Forces in all of the
Iraqi security forces including Iraqi Kurdish
Chief Executive
Peshmerga forces (continuing); conducted limited
above-described
. . . , as well as
strikes against pro-Syrian government forces in
operations [both
defense of U.S. forces
my
GWOT and other
constitutional . .
Cooperation with Yemeni government and direct
unrelated
military action in Yemen against Al Qaeda in the
. authority to
operations]
Arabian Peninsula (AQAP) (continuing);
conduct the
pursuant to my . . .
conducted “a number of airstrikes” and supported
foreign relations statutory authority
United Arab Emirates- and Yemen-led operations;
of the United
U.S. troops deployed to Yemen to provide non-
as Commander in
States.”
combat support to Yemen against the Houthi
Chief and as Chief
insurgency
Executive
Deployment of 2,300 troops in Jordan to support
(including the
counter-ISIL operations and promote regional
authority to carry
security (continuing)
out Public Law
Deployed 100 troops to Lebanon in support of
107–40, Public
Lebanese government CT operations against ISIS
Law 107-243, and
Deployment of combat aircraft and personnel to
other statutes), as
Turkey for anti-ISIL strikes (continuing)
well as my . . .
U.S. military working to counter Al Qaeda/Al
statutory authority
Shabaab in Somalia (continuing); occasionally
to conduct the
accompany Somali and AMISOM forces during
counterterrorism operations (continuing);
foreign relations of
“additional” U.S. forces deployed to Kenya to
the United States.”
support CT operations for East Africa (continuing);
deployment to Djibouti to coordinate CT
operations in Horn of Africa and the Arabian
Peninsula, and contingency support for embassy
security in East Africa (continuing)
Airstrikes in Libya in against ISIS (continuing)
Deployments continue in the Lake Chad Basin and
Sahel Region providing intelligence, surveillance,
and reconnaissance support to African and
European partners conducting CT operations;
October 4, 2017 attack on U.S. personnel in Niger
killed four servicemembers
Deployment of U.S. armed forces to Philippines to
support Philippine government CT operations
Congressional Research Service
37
Publicly Available Records of Other Executive Actions Referencing 2001 AUMF
Authority
Tables 9-14 each contain one record of executive action, each concerning in some way the detention of or
possible judicial action against terror suspects. In each action, President Bush or Obama cites
constitutional authorities under Article II as well as legislative authorities, including the 2001 AUMF, as
the legal basis for such actions.
November 2001 Military Order on Detention of Terror Suspects
Table 9. Military Order on Terror Suspect Detention Referencing 2001 AUMF
Including relevant notification, authority, and reporting language
Relevant Country,
Reference to
Reference to
Reference to
Date
Geographic Area, Targeted
Constitutional
Legislative
Legislative Reporting
Group, or Type of Action
Authority
Authority
Requirement
11/13/2001 Military detention and trial of
“By the authority
“By the authority
n/a
terrorist suspects
vested in me as
vested in me [by] the
President and as
laws of the United
Commander in Chief
States of America,
of the Armed Forces
including the
of the United States
Authorization for
by the Constitution . .
Use of Military Force
. .”
Joint Resolution
(Public Law 107–40,
115 Stat. 224) and
sections 821 and 836
of title 10, United
States Code . . . .”
Sources: Federal Register; Compilation of Presidential Documents.
Military Commissions Under Executive Order 13425
Table 10. Executive Order 13425 Concerning Military Commissions
Including relevant notification, authority, and reporting language
Relevant Country,
Reference to
Reference to
Legislative
Date
Geographic Area, Targeted
Constitutional
Reference to Legislative
Authority
Reporting
Group, or Type of Action
Authority
Requirement
2/14/2007 Executive Order 13425:
“By the authority vested
“By the authority vested in
not applicable
includes Military Commissions
in me as President by
me as President by . . . the
“
the Constitution . . . . it
laws of the United States of
Section 1. Establishment of
Military Commissions.
is hereby ordered as
America, including the
fol ows . . . .”
Military Commissions Act of
“There are hereby
2006 (Public Law 109–366),
established military
the Authorization for Use of
commissions to try alien
Military Force (Public Law
unlawful enemy combatants
107–40), and section
for offenses triable by
948b(b) of title 10, United
military commission as
States Code, it is hereby
provided in chapter 47A of
ordered as fol ows . . . .”
title 10.”
Sources: Federal Register; Compilation of Presidential Documents.
Congressional Research Service
38
Geneva Conventions Application to Detentions Under Executive Order 13440
Table 11. Executive Order 13440 Concerning Geneva Conventions Application to
Detentions
Including relevant notification, authority, and reporting language
Relevant Country,
Reference to
Geographic Area,
Reference to
Reference to Legislative
Legislative
Date
Constitutional
Targeted Group, or Type
Authority
Authority
Reporting
of Action
Requirement
7/20/2007 Executive Order 13440—
“By the authority
“By the authority vested in me . .
not applicable
Interpretation of the
vested in me as
. by . . . the laws of the United
Geneva Conventions
President and
States of America, including the
Common Article 3 as
Commander in Chief of
Authorization for Use of Military
Applied to a Program of
the Armed Forces by
Force (Public Law 107–40), the
Detention and
the Constitution . . .
Military Commissions Act of
Interrogation Operated by
.”
2006 (Public Law 109–366), and
the Central Intelligence
section 301 of title 3, United
Agency
States Code . . . .”
Provisions concerning
Geneva Conventions
common article 3
application to CIA
program with regard to
armed conflict against Al
Qaeda and the Taliban
Sources: Federal Register; Compilation of Presidential Documents.
Presidential Memorandum Concerning Guantanamo Bay, Cuba
Table 12. Presidential Memorandum Concerning Guantanamo Bay, Cuba
Including relevant notification, authority, and reporting language
Reference to
Relevant Country, Geographic
Reference to
Reference to Legislative
Legislative
Date
Area, Targeted Group, or Type
Constitutional
Authority
Reporting
of Action
Authority
Requirement
12/15/2009 Presidential Memorandum:
“By the authority
“By the authority vested in
not applicable
includes Guantanamo Bay
vested in me as
me as President and as
issues
President and as
Commander in Chief of the
“[I]n order to facilitate the
Commander in Chief
Armed Forces of the
closure of detention facilities at
of the Armed Forces
United States by . . . the
the Guantanamo Bay Naval
of the United States
laws of the United States of
Base, I hereby direct that the
by the Constitution .
America, including the
following actions be taken as
. . .”
Authorization for Use of
expeditiously as possible with
Military Force (Public Law
respect to the facility known as
107-40, 115 Stat. 224) . . . .”
the Thomson Correctional
Center (TCC) in Thomson,
Illinois:”
[various actions to move
detainees from Guantanamo
Bay Naval Base]
Sources: Federal Register; Compilation of Presidential Documents.
Congressional Research Service
39
Executive Order Concerning Guantanamo Bay, Cuba
Table 13. Executive Order 13567 Concerning Guantanamo Bay, Cuba
Including relevant notification, authority, and reporting language
Reference to
Reference to
Date
Relevant Country, Geographic Area,
Constitutional
Reference to
Legislative
Targeted Group, or Type of Action
Authority
Legislative Authority
Reporting
Requirement
3/7/2011 Executive Order 13567: includes
“By the authority
“By the authority vested
not applicable
detention at Guantanamo Bay
vested in me as
in me as President by . . .
“Periodic Review of Individuals
President by the
the laws of the United
Detained at Guantanamo Bay Naval
Constitution . . . .”
States of America,
Station Pursuant to the Authorization
including the
for Use of Military Force
Authorization for Use of
Military Force of
“[I]n order to ensure that military
September 2001
detention of individuals now held at
(AUMF), Public Law
the U.S. Naval Station, Guantánamo
107–40”
Bay, Cuba (Guantánamo), who were
subject to the interagency review
under section 4 of Executive Order
13492 of January 22, 2009, continues
to be carefully evaluated and justified,
consistent with the national security
and foreign policy interests of the
United States and the interests of
justice, I hereby order as follows:
[provisions related to review
procedures].”
Sources: Federal Register; Compilation of Presidential Documents.
Congressional Research Service
40
Presidential Policy Directive Concerning Detentions
Table 14. Presidential Policy Directive 14 Concerning Detentions
Including relevant notification, authority, and reporting language
Reference to
Reference to
Reference to
Date
Relevant Country, Geographic Area,
Constitutional
Legislative
Legislative
Targeted Group, or Type of Action
Authority
Authority
Reporting
Requirement
2/28/2012 Presidential Policy Directive/PPD-14:
none
“Under the
not applicable
Military detention of terrorist
Authorization for
suspects
Use of Military Force
Directive on Procedures Implementing
of September 18,
Section 1022 of the National Defense
2001 (Public Law
Authorization Act for Fiscal Year 2012
107–40)(2001
AUMF) . . .”
“[T]he executive branch has the
authority to detain in military
“Section 1021 of the
custody individuals who planned,
National Defense
authorized, committed, or aided the
Authorization Act
terrorist attacks that occurred on
for FY 2012 (Public
September 11, 2001, and persons
Law 112–
who harbored those responsible for
81)(NDAA) affirms
the September 11 attacks, as well as
that authority.”
individuals who are part of or
substantially supported Taliban or al-
Qa'ida forces or associated forces
that are engaged in hostilities against
the United States or its coalition
partners.”
Sources: Federal Register; Compilation of Presidential Documents.