Bill Summary
This legislation, known as the Joint Resolution, aims to repeal the authorizations for use of military force against Iraq, enacted in 1991 and 2002. These authorizations are currently considered valid law, but recent administrations have argued that they are not necessary to support ongoing military operations in Iraq. The resolution emphasizes that the United States military is in Iraq at the invitation of the Iraqi government to combat ISIS and that the authorizations are no longer necessary and should be repealed. It also clarifies that the authorizations are not being used as the sole legal basis for detaining enemy combatants. The resolution ultimately calls for the repeal of both authorizations, with the goal of providing a clear political and legal ending to their use.
Possible Impacts
1. The repeal of the Authorization for Use of Military Force Against Iraq Resolution could potentially affect individuals who are currently detained as enemy combatants, as it states that neither the 1991 AUMF nor the 2002 AUMF are being used as the sole legal basis for any detention. This could potentially lead to their release or transfer to another legal system.
2. The legislation could also affect individuals who are currently serving in the United States military in Iraq, as it repeals the authorizations for use of military force against Iraq. This could potentially lead to changes in their duties or deployment status.
3. The repeal of the 1991 AUMF and the 2002 AUMF could also have political and legal implications for the relationship between the United States and Iraq, as it states that the authorizations are no longer necessary and should have a clear ending. This could potentially impact diplomatic relations and agreements between the two countries.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 10 Reported in Senate (RS)]
<DOC>
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. Lujan, 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. Collins) 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 (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.
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