Statements on Introduced Bills and Joint Resolutions

Floor Speech

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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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