IIA Calendar No. 117 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, Mr. DURBIN, Mr. MARKEY, Mr. WYDEN, Ms. MURKOWSKI, Mr. HEINRICH, Mr. LUJA´N, Ms. BALDWIN, Mr. LEAHY, Ms. WARREN, Mr. BOOKER, Mrs. FEINSTEIN, Ms. SMITH, Mr. CARDIN, Mr. PADILLA, Mr. SCHATZ, Mr. MORAN, Mr. HICKENLOOPER, Mr. WARNOCK, Ms. KLOBUCHAR, Mr. TESTER, Mr. BENNET, Mr. MERKLEY, Mr. REED, Mrs. MURRAY, Mr. MARSHALL, Mr. BRAUN, and Ms. COL- LINS) introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations AUGUST 4, 2021 Reported by Mr. MENENDEZ, without amendment 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 VerDate Sep 11 2014 01:11 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SJ10.RS SJ10 kjohnson on DSK79L0C42PROD with BILLS 2 •SJ 10 RS (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 ac- tivities; 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 oper- ated 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 pro- tect U.S. and Coalition personnel in Iraq at the govern- ment’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 VerDate Sep 11 2014 01:11 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SJ10.RS SJ10 kjohnson on DSK79L0C42PROD with BILLS 3 •SJ 10 RS 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 1 of the United States of America in Congress assembled, 2 SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILI- 3 TARY FORCE AGAINST IRAQ RESOLUTION. 4 The Authorization for Use of Military Force Against 5 Iraq Resolution (Public Law 102–1; 105 Stat. 3; 50 6 U.S.C. 1541 note) is hereby repealed. 7 SEC. 2. REPEAL OF AUTHORIZATION FOR USE OF MILITARY 8 FORCE AGAINST IRAQ RESOLUTION OF 2002. 9 The Authorization for Use of Military Force Against 10 Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 11 1498; 50 U.S.C. 1541 note) is hereby repealed. 12 VerDate Sep 11 2014 01:11 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\SJ10.RS SJ10 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 117 117TH CONGRESS 1ST SESSION S. J. RES. 10 JOINT RESOLUTION To repeal the authorizations for use of military force against Iraq, and for other purposes. AUGUST 4, 2021 Reported without amendment VerDate Sep 11 2014 01:11 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\SJ10.RS SJ10 kjohnson on DSK79L0C42PROD with BILLS