Sen. Portman advocates for new Authorization for Use of Military Force

With the current Authorizations for Use of Military Force (AUMF) to combat terrorist groups dating back to 2001 and 2002, U.S. Sen. Rob Portman (R-OH) advocated for a new AUMF that would preserve the president’s authority while adding congressional oversight and input.

Portman said during a U.S. Senate Foreign Relations Committee that he does not believe a new AUMF is “legally needed” to deal with terrorist threats, but he acknowledged the need for modifications.

“I’m just confused as to why someone would want to live with the existing AUMF, which is in place, rather than having improvement,” he said.

John Bellinger, a former National Security Advisor legal counsel, testified that he did not believe the White House or Congress would be prepared to accept an AUMF sunset schedule, or requirements for new authorizations, each time a country or group gets added to the list. Seeing it as not a stable option, Bellinger said that a new AUMF would have to be passed with every new addition.

“I don’t think Congress would be passing a new AUMF periodically,” Portman replied. “I think Congress would sit on it, and I think some members of this Senate would choose to filibuster it and I think we would not be providing the ability for our armed forces to be able to protect us from a very real terrorist threat that’s out there.”

Congress “can’t seem to pass some of the basic stuff” required for the government to function, Portman added. However, “if the alternative is nothing, then you have no congressional accountability, frankly, because you don’t have the quadrennial review, you don’t have Congress taking this up every four years,” he continued.

Bellinger testified that he viewed an AUMF proposal advanced by a bipartisan group of senators as “an improvement.” He added that it “may not improve as much as some would like but it does have the quadrennial review, and it also requires a review every time a new group is added, or a new country is added.”

Portman called that “a big change.” He said Congress has to compromise on the issue or the country will remain stuck in the same state.

“Our ability to respond to the ongoing threat will not be as effective and Congress will not have the authority or the accountability that I think we should have on us every four years to figure this out,” Portman said.