[Congressional Record Volume 165, Number 40 (Wednesday, March 6, 2019)]
[Senate]
[Pages S1709-S1710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KAINE (for himself and Mr. Young):
  S.J. Res. 13. A joint resolution to repeal the authorizations for use 
of military force against Iraq, and for other purposes; to the 
Committee on Foreign Relations.
  Mr. KAINE. Mr. President. I am pleased today to introduce in the 
Senate, with my colleague Senator Young, a bipartisan resolution to 
repeal the 1991 and 2002 Authorizations for Use of Military Force 
(AUMF) against Iraq. This legislation will formally end the 
authorizations for the Gulf and Iraq wars--28 and 17 years, 
respectively, after these AUMFs were first passed, reasserting 
Congress' vital role in not only declaring wars, but in ending them. 
The repeal of these authorizations also recognizes the strong 
partnership the United States now has with a sovereign, democratic 
Iraq.
  The United States is no longer at war with Iraq and our legal 
frameworks should reflect this reality as much as our policy 
frameworks, to include the Strategic Framework Agreement that Iraq and 
the United States signed in November 2008, which affirms the 
establishment of a long-term relationship of cooperation and 
friendship, based on the principle of equality in

[[Page S1710]]

sovereignty and the rights and principles that are enshrined in the 
United Nations Charter.
  Since 2014, U.S. troops have been in Iraq, alongside Iraqi forces, at 
the Government of Iraq's request for assistance in combating the 
Islamic State of Iraq and Syria (ISIS). Current Administration 
officials, including Secretary Pompeo, Acting Secretary Shanahan and 
Commander of the United States Central Command, General Votel, have 
routinely emphasized that United States military forces remain in Iraq 
at the invitation of the Government of Iraq and in respect to its 
sovereignty. Recent presidential administrations have maintained that 
the 2002 AUMF only serves to ``reinforce'' any legal authority to 
combat ISIS provided by the 2001 AUMF and is not independently required 
to authorize any such activities. As such, repealing the 1991 AUMF and 
the 2002 AUMF would not affect ongoing United States military 
operations. It would however, prevent the future misuse of the Gulf and 
Iraq War authorizations and strengthen Congressional oversight over war 
powers.
  It is past time to repeal both AUMFs and formally mark the end of the 
Iraq War that resulted in a devastating loss of life and wounded tens 
of thousands of our troops. It makes no sense that two AUMFs remain in 
place against a country that is now a close ally. They serve no 
operational purpose, run the risk of future abuse by the President, and 
help keep our nation at permanent war.
  I am proud to join Senator Young in introducing a bill to repeal 
these outdated and unnecessary authorizations. I hope we can continue 
to find bipartisan compromise on these tough war power issues to 
include revising and replacing the 2001 AUMF.

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