[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 10 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
S. J. RES. 10

 To repeal the authorizations for use of military force against Iraq, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2021

 Mr. Kaine (for himself, Mr. Young, Ms. Duckworth, Mr. Lee, Mr. Coons, 
Mr. Grassley, Mr. Paul, and Mr. Durbin) introduced the following joint 
   resolution; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION


 
 To repeal the authorizations for use of military force against Iraq, 
                        and for other purposes.

Whereas the Authorization for Use of Military Force Against Iraq Resolution 
        (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note), enacted on January 
        14, 1991 (in this preamble ``the 1991 AUMF''), and the Authorization for 
        Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-
        243; 116 Stat. 1498; 50 U.S.C. 1541 note), enacted on October 16, 2002 
        (in this preamble ``the 2002 AUMF''), currently remain valid law;
Whereas recent presidential administrations have maintained that the 2002 AUMF 
        only serves to ``reinforce'' any legal authority to combat ISIS provided 
        by the Authorization for Use of Military Force (Public Law 107-40; 115 
        Stat. 224; 50 U.S.C. 1541), enacted September 18, 2001, and is not 
        independently required to authorize any such activities;
Whereas repealing the 1991 AUMF and the 2002 AUMF would therefore not affect 
        ongoing United States military operations;
Whereas, since 2014, United States military forces have operated in Iraq at the 
        request of the Government of Iraq for the sole purpose of supporting its 
        efforts to combat ISIS, consistent with the Strategic Framework 
        Agreement that Iraq and the United States signed on November 17, 2008;
Whereas, during a press briefing on December 24, 2020, Commander of the United 
        States Central Command, General Frank McKenzie, reiterated that United 
        States forces are in Iraq ``at their invitation'';
Whereas Secretary of State Antony J. Blinken and Prime Minister Mustafa Al-
        Kadhimi of Iraq discussed ``the Iraqi government's responsibility and 
        commitment to protect U.S. and Coalition personnel in Iraq at the 
        government's invitation to fight ISIS'' in a February 16, 2021, phone 
        call;
Whereas Secretary of Defense Lloyd J. Austin III stated on February 19, 2021, 
        that he ``welcomed that expanded NATO mission in Iraq that responds to 
        the desires and aspirations of the Iraqi government'';
Whereas, in a February 23, 2021, call with Prime Minister Mustafa Al-Kadhimi of 
        Iraq, President Joseph R. Biden affirmed United States support for 
        Iraq's ``sovereignty and independence'';
Whereas neither the 1991 AUMF nor the 2002 AUMF are being used as the sole legal 
        basis for any detention of enemy combatants currently held by the United 
        States; and
Whereas authorizations for the use of military force that are no longer 
        necessary should have a clear political and legal ending: Now, 
        therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST 
              IRAQ RESOLUTION.

    The Authorization for Use of Military Force Against Iraq Resolution 
(Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby 
repealed.

SEC. 2. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ 
              RESOLUTION OF 2002.

    The Authorization for Use of Military Force Against Iraq Resolution 
of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is 
hereby repealed.
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