Madam President, the Senate today has finally voted to repeal two outdated and obsolete authorizations for the use of military force--those that launched two wars against the Iraqi Government of…
Madam President, the Senate today has finally voted to repeal two outdated and obsolete authorizations for the use of military force--those that launched two wars against the Iraqi Government of Saddam Hussein, enacted into law in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enacted in 2001 in the aftermath of the 9/11 attacks on our country by the terrorist organization al- Qaida, is also outdated and ought to be repealed.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
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.