The Senate held its first vote to advance a bipartisan bill that would bring an official end to the Gulf and Iraq wars, teeing up the legislation for a final vote in the coming days.
Lawmakers voted 68-27, with 19 Republicans joining Democrats, to begin debate on repealing the authorizations for the use of military force passed in 1991 and 2002 that paved the way for the United States to get involved in the Middle Eastern wars. Sen. Tim Kaine (D-VA), who introduced the bill, praised the bill’s passage on Thursday, calling it crucial to keep a system of checks and balances in place.
EFFORT TO REPEAL RESOLUTIONS AUTHORIZING MILITARY FORCE SPLITS SENATE REPUBLICANS
“Leaving outdated authorizations on the books can lead to abuse,” Kaine said at a press conference following the vote. “Presidents should have to come to Congress to start wars, but if there’s authorizations on the books that are outdated, the president can try to find one and torture its meaning and say, ‘Oh, look, Congress already authorized or I don’t need to come for a new debate, a new vote where the American public can see what’s at stake and watch their elected representatives declare yes or no and be accountable for the vote.'”
The vote marks the first procedural hurdle lawmakers must face to push the legislation through the upper chamber, setting the stage for amendments to be introduced in the coming days. Kaine said he hopes to push amendment votes through the Senate and tee the bill up for a final vote by next week.
It’s unclear what amendments will be put forward, but Senate Majority Leader Chuck Schumer (D-NY) indicated leaders from both parties were working together to negotiate changes.
“We expect to have amendment votes,” Schumer told reporters on Wednesday. “We’re going to work together … so that we can have some amendment votes.”
One amendment lawmakers may consider includes language that would clarify the president’s authority when it comes to military action. The legislation seeks to reduce the president’s unilateral authority to deploy troops, marking an effort by lawmakers to reassert congressional authority over declarations of war.
Other amendments could specify what military actions the U.S. can take in Iraq even after the AUMFs are lifted, that way ensuring some military presence remains in the area.
The vote comes one week before the 20-year anniversary of the U.S. invasion of Iraq, which some lawmakers have pointed to as evidence that the AUMFs are outdated.
“It seems intuitive to most Americans that we would repeal the authorizations when they were no longer needed,” said Sen. Todd Young (R-IN), one of the bill’s authors, in the joint press conference with Kaine after the vote. “I believe this will establish a very important precedent moving forward so that the people … know that their voice will matter when it comes to important decisions of war in peace.”
Members of Congress have previously pushed to end the military declarations in an attempt to prevent “potential misuse” by future presidents.
House lawmakers passed a bill repealing the pair of AUMFs in the last Congress, but those efforts failed to make it to a vote in the deadlocked Senate. However, supporters of the legislation say they’re confident they have enough votes to overcome a filibuster and hold a vote as soon as next week.
Young told reporters he expects at least 70 senators to vote in favor of the bill when it comes to the floor for a full vote.
“The bigger the margin we get [in the Senate], the better the chances are [in the House],” Kaine told the Washington Examiner last week. “The bipartisan co-sponsors in the House are pretty ideologically broad, so that’s going to be helpful with the speaker.”
The bill would then head to the House, where it’s unclear whether House Speaker Kevin McCarthy (R-CA) will agree to bring it up for a vote. The Republican leader didn’t support the legislation in the last Congress, but some lawmakers have indicated it could garner enough support among Republicans to pass the lower chamber.
President Joe Biden has expressed support for the bill, releasing an endorsement ahead of the procedural vote on Thursday.
“President Biden remains committed to working with the 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 from modern terrorist threats,” the White House said in a statement. “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.”
Repealing the authorizations would not disrupt current operations in the Middle East, nor would it prevent the U.S. from initiating a military response to future threats. The legislation also does not deal with the 2001 AUMF initiated in response to the 9/11 terrorist attacks.
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It’s not clear whether any lawmakers would seek to introduce amendments seeking to repeal the 2001 AUMF, but Kaine told reporters that such a proposal “wouldn’t get the votes.”
“I think many of us realize the 2001 authorization needs some work,” Kaine said. “It might need some sharpening, but it is an authorization that’s still used by the military and by the United States to protect Americans against nonstate terrorist groups. So 22 years later, trying to give it some sharper definition makes sense. Repealing it would not get anywhere near half [the] votes.”
