[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S10007-S10008]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       SA 6600. Mr. KAINE (for himself and Mr. Young) submitted an amendment 
     intended to be proposed to amendment SA 6552 proposed by Mr. Leahy to 
     the bill H.R. 2617, to amend section 1115 of title 31, United States 
     Code, to amend the description of how performance goals are achieved, 
     and for other purposes; which was ordered to lie on the table; as 
     follows:
     
             On page 410, after line 25, add the following:
     
          SEC. 8145. 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
     
     [[Page S10008]]
     
          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.
                                      ______