IIA 

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. 


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•SJ 10 IS 

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’’; 


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•SJ 10 IS 

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 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILI4 TARY FORCE AGAINST IRAQ RESOLUTION. 

5 The Authorization for Use of Military Force Against 

6 Iraq Resolution (Public Law 102–1; 105 Stat. 3; 50 

7 U.S.C. 1541 note) is hereby repealed. 

8 SEC. 2. REPEAL OF AUTHORIZATION FOR USE OF MILITARY 

9 FORCE AGAINST IRAQ RESOLUTION OF 2002. 

10 The Authorization for Use of Military Force Against 

11 Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 

12 1498; 50 U.S.C. 1541 note) is hereby repealed. 

Æ 


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