[Congressional Record Volume 167, Number 40 (Wednesday, March 3, 2021)]
[Senate]
[Page S1030]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KAINE (for himself, Mr. Young, Ms. Duckworth, Mr. Lee, Mr. 
        Coons, Mr. Grassley, Mr. Paul, and Mr. Durbin):
  S.J. Res. 10. 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 colleagues Senators Young, Duckworth, Lee, Coons, 
Grassley, Durbin and Paul 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--30 and 19 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 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 President Biden, Secretary of State Blinken, 
Secretary of Defense Austin and Commander of the United States Central 
Command, General McKenzie, 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 partner. 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 this group of Senators 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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