[Congressional Record Volume 169, Number 57 (Wednesday, March 29, 2023)]
[Senate]
[Pages S1055-S1056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN:
  S. 1061. A bill to prospectively repeal the 2001 Authorization for 
Use of Military Force; to the Committee on Foreign Relations.
  Mr. CARDIN. Madam President, the Senate today has finally voted to 
repeal two outdated and obsolete authorizations for the use of military 
force--those that launched two wars against the Iraqi Government of 
Saddam Hussein, enacted into law in 1991 and 2002.
  Yet this is not the only action we must take to protect our national 
security. A third AUMF, which Congress enacted in 2001 in the aftermath 
of the 9/11 attacks on our country by the terrorist organization al-
Qaida, is also outdated and ought to be repealed. This authorization 
was fully justified and necessary at the time, and I voted in favor of 
it.
  It was sadly necessary to go to war in Afghanistan to remove the very 
real threat that al-Qaida posed from its sanctuary there.
  But, as I have repeatedly argued in successive Congresses since 2014, 
this AUMF, too, is now obsolete. We ought to repeal it and replace it 
with a new AUMF that more accurately reflects the threats our country 
faces today.
  Four Presidents from both parties have used the 2001 AUMF to target 
groups that did not even exist on 9/11/2001 in countries such as Yemen 
and

[[Page S1056]]

Somalia, far from the battlefield of Afghanistan. Presidents have used 
this AUMF in ways that those of us in Congress who voted for it could 
never have imagined 22 years ago.
  Publicly available War Powers Resolution notifications that refer to 
the 2001 AUMF address more than 20 countries, including Afghanistan, 
Iraq, Syria, Yemen, Libya, Somalia, Niger, Philippines, Georgia, 
Djibouti, Kenya, Ethiopia, Eritrea, Turkey, Jordan, Lebanon, Cameroon, 
Chad, Nigeria, and Saudi Arabia.
  The number of countries where the U.S. military has actually resorted 
to military action is smaller but not insignificant. Again based on War 
Powers Resolution notifications, the 2001 AUMF has been publicly cited 
as authorization for military activity in seven countries: Afghanistan, 
Iraq, Syria, Libya, Yemen, Somalia, and Niger. No administration should 
continue to use the 2001 AUMF--that clearly and specifically is aimed 
at those who perpetrated the 9/11 attacks--as a blank check for war 
anywhere and anytime, and it is past time for Congress to take action.
  In 2014 and 2015, President Obama relayed his intent to work with the 
Congress to repeal and replace the 2001 AUMF, at the time the United 
States was assembling the Coalition to Defeat ISIS, but we were not 
able to get it done.
  Now, President Biden has reiterated the same intent. In the official 
Statement of Administration Policy on the bill we have passed today, 
the White House declared its support for passage of S. 316 and goes on 
to say:

       Furthermore, President Biden remains committed to working 
     with Congress to ensure that outdated authorizations for the 
     use of military force are replaced with a narrow and specific 
     framework more appropriate to protecting Americans form 
     modern terrorist threats. Toward that end, the Administration 
     will ensure that Congress has a clear and thorough 
     understanding of the effect of any such action and of the 
     threats facing U.S. forces, personnel, and interests around 
     the world.

  So, in response to the invitation President Biden has extended to 
Congress to replace and repeal the 2001 AUMF, I am today introducing 
legislation that would prospectively repeal the outdated 
authorization--while providing enough time for both the executive and 
the legislative branches to agree on the most appropriate replacement. 
This legislation would sunset the existing AUMF in July 2025, 6 months 
into the next administration. So we will have adequate time to consult 
with the administration's national security professionals about the 
best way to do so.
  This would also provide a framework for the necessary national debate 
about how to modernize our national security posture during the 
upcoming 2024 elections.
  This is a pivotal moment. Congress must act to reassert its rightful 
role in war-making authorities, as set out in article I of the 
Constitution. We must take action on all fronts. Having voted 
decisively to repeal the authorizations of 1991 and 2002 in legislation 
led by my able colleagues, Senator Kaine of Virginia and Senator Young 
of Indiana, we now need to move with dispatch to repeal and replace the 
2001 authorization. It is a responsibility that we must assume to 
protect our national security in today's context.
  I look forward to moving on this initiative as soon as possible in 
this session of the 118th Congress.

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