[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[Senate]
[Pages S7607-S7608]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4133. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page S7608]]


  

        At the end of subtitle B of title XII, add the following:

     SEC. 1224. REPEAL OF AUTHORIZATIONS FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) 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.
       (2) 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.
       (3) Repealing the 1991 AUMF and the 2002 AUMF would 
     therefore not affect ongoing United States military 
     operations.
       (4) 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.
       (5) 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''.
       (6) 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.
       (7) 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''.
       (8) 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''.
       (9) 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.
       (10) Authorizations for the use of military force that are 
     no longer necessary should have a clear political and legal 
     ending.
       (b) 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.
       (c) 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.
                                 ______