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Authorization for Use of Military Force Against Iraq Resolution of 2002

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Authorization for Use of Military Force Against Iraq Resolution of 2002
Great Seal of the United States
Long titleJoint Resolution to authorise the use of United States Armed Forces against Iraq
NicknamesIraq Resolution
Enacted bythe 107th United States Congress
EffectiveOctober 16, 2002
Citations
Public lawPub. L. 107–243 (text) (PDF)
Statutes at Large116 Stat. 1498
Legislative history
President George W. Bush, surrounded by leaders of the House and Senate, announces the Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq, October 2, 2002.

The Authorization for Use of Military Force Against Iraq Resolution of 2002,[1] informally known as the Iraq Resolution, is a joint resolution passed by the United States Congress in October 2002 as Public Law No. 107-243, authorizing the use of the United States Armed Forces against Saddam Hussein's Iraq government in what would be known as Operation Iraqi Freedom.[2]

George W. Bush signs the Resolution, with Colin Powell and Donald Rumsfeld on his side, on October 16, 2002. In the background, on the far right, is then-Senator and future president Joe Biden, who voted in favor of the Resolution.

Contents

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The resolution cited many factors as justifying the use of military force against Iraq:[3][4]

The resolution "supported" and "encouraged" diplomatic efforts by President George W. Bush to "strictly enforce through the U.N. Security Council all relevant Security Council resolutions regarding Iraq" and "obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion, and noncompliance and promptly and strictly complies with all relevant Security Council resolutions regarding Iraq."

The resolution authorized President Bush to use the Armed Forces of the United States "as he determines to be necessary and appropriate" in order to "defend the national security of the United States against the continuing threat posed by Iraq; and enforce all relevant United Nations Security Council Resolutions regarding Iraq."

Passage

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An authorization by Congress was sought by President George W. Bush soon after his September 12, 2002 statement before the U.N. General Assembly asking for quick action by the Security Council in enforcing the resolutions against Iraq.[5][6]

Of the legislation introduced by Congress in response to President Bush's requests,[7] S.J.Res. 45 sponsored by Sen. Daschle and Sen. Lott was based on the original White House proposal authorizing the use of force in Iraq, H.J.Res. 114 sponsored by Rep. Hastert and Rep. Gephardt and the substantially similar S.J.Res. 46 sponsored by Sen. Lieberman were modified proposals. H.J.Res. 110 sponsored by Rep. Hastings was a separate proposal never considered on the floor. Eventually, the Hastert–Gephardt proposal became the legislation Congress focused on.

Passage of the full resolution

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Introduced in Congress on October 2, 2002, in conjunction with the Administration's proposals,[3][8] H.J.Res. 114 passed the House of Representatives on Thursday afternoon at 3:05 p.m. EDT on October 10, 2002, by a vote of 296–133,[9] and passed the Senate after midnight early Friday morning, at 12:50 a.m. EDT on October 11, 2002, by a vote of 77–23.[10] It was signed into law as Pub. L. 107–243 (text) (PDF) by President Bush on October 16, 2002.

United States House of Representatives

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Party Ayes Nays Not
Voting
Republican 215 6 2
Democratic 81 126 1
Independent 0 1 0
TOTALS 296 133 3
  • 215 (96.4%) of 223 Republican Representatives voted for the resolution.
  • 81 (39.2%) of 208 Democratic Representatives voted for the resolution.
  • 6 (<2.7%) of 223 Republican Representatives voted against the resolution: Reps. Duncan (R-TN), Hostettler (R-IN), Houghton (R-NY), Leach (R-IA), Morella (R-MD), Paul (R-TX).
  • 126 (~60.3%) of 209 Democratic Representatives voted against the resolution.
  • The only Independent Representative voted against the resolution: Rep. Sanders (I-VT)

United States Senate

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Party Yeas Nays
Republican 48 1
Democratic 29 21
Independent 0 1
TOTALS 77 23
Final Congressional vote by chamber and party, October 2002
  • 29 (58%) of 50 Democratic senators voted for the resolution. Those voting for the resolution were:

Sens. Baucus (D-MT), Bayh (D-IN), Biden (D-DE), Breaux (D-LA), Cantwell (D-WA), Carnahan (D-MO), Carper (D-DE), Cleland (D-GA), Clinton (D-NY), Daschle (D-SD), Dodd (D-CT), Dorgan (D-ND), Edwards (D-NC), Feinstein (D-CA), Harkin (D-IA), Hollings (D-SC), Johnson (D-SD), Kerry (D-MA), Kohl (D-WI), Landrieu (D-LA), Lieberman (D-CT), Lincoln (D-AR), Miller (D-GA), Nelson (D-FL), Nelson (D-NE), Reid (D-NV), Rockefeller (D-WV), Schumer (D-NY), and Torricelli (D-NJ).

  • 21 (42%) of 50 Democratic Senators voted against the resolution. Those voting against the resolution were:

Sens. Akaka (D-HI), Bingaman (D-NM), Boxer (D-CA), Byrd (D-WV), Conrad (D-ND), Corzine (D-NJ), Dayton (D-MN), Durbin (D-IL), Feingold (D-WI), Graham (D-FL), Inouye (D-HI), Kennedy (D-MA), Leahy (D-VT), Levin (D-MI), Mikulski (D-MD), Murray (D-WA), Reed (D-RI), Sarbanes (D-MD), Stabenow (D-MI), Wellstone (D-MN), and Wyden (D-OR).

  • 1 (2%) of 49 Republican senators voted against the resolution: Sen. Chafee (R-RI).
  • The only independent senator voted against the resolution: Sen. Jeffords (I-VT)

Amendments offered to the House Resolution

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The Lee Amendment

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Amendment in the nature of a substitute sought to have the United States work through the United Nations to seek to resolve the matter of ensuring that Iraq is not developing weapons of mass destruction, through mechanisms such as the resumption of weapons inspections, negotiation, enquiry, mediation, regional arrangements, and other peaceful means.
Sponsored by Rep. Barbara Lee (D-CA).[11]
Failed by the Ayes and Nays: 72 – 355[12]

The Spratt Amendment

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Amendment in the nature of a substitute sought to authorize the use of U.S. armed forces to support any new U.N. Security Council resolution that mandated the elimination, by force if necessary, of all Iraqi weapons of mass destruction, long-range ballistic missiles, and the means of producing such weapons and missiles. Requested that the President should seek authorization from Congress to use the armed forces of the U.S. in the absence of a U.N. Security Council resolution sufficient to eliminate, by force if necessary, all Iraqi weapons of mass destruction, long-range ballistic missiles, and the means of producing such weapons and missiles. Provided expedited consideration for authorization in the latter case.
Sponsored by Rep. John Spratt (D-SC-5).[13]
Failed by the Yeas and Nays: 155 – 270[14]

The House Rules Amendment

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An amendment considered as adopted pursuant to the provisions of H.Res. 574[15]
Sponsored by House Rules.[16]
Resolution (H.RES.574) agreed to by voice vote[17]

Amendments offered to the Senate Resolution

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The Byrd Amendments

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To provide statutory construction that constitutional authorities remain unaffected and that no additional grant of authority is made to the President not directly related to the existing threat posed by Iraq.
Sponsored by Sen. Robert Byrd (D-WV).[18]
Amendment SA 4868 not agreed to by Yea-Nay Vote: 14 – 86[19]
To provide a termination date for the authorization of the use of the Armed Forces of the United States, together with procedures for the extension of such date unless Congress disapproves the extension.
Sponsored by Sen. Robert Byrd (D-WV).[20]
Amendment SA 4869 not agreed to by Yea-Nay Vote: 31 – 66[21]

The Levin Amendment

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To authorize the use of the United States Armed Forces, pursuant to a new resolution of the United Nations Security Council, to destroy, remove, or render harmless Iraq's weapons of mass destruction, nuclear weapons-usable material, long-range ballistic missiles, and related facilities, and for other purposes.
Sponsored by Sen. Carl Levin (D-MI).[22]
Amendment SA 4862 not agreed to by Yea-Nay Vote: 24 – 75[23]

The Durbin Amendment

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To amend the authorization for the use of the Armed Forces to cover an imminent threat posed by Iraq's weapons of mass destruction rather than the continuing threat posed by Iraq.
Sponsored by Sen. Dick Durbin (D-IL).[24]
Amendment SA 4865 not agreed to by Yea-Nay Vote: 30 – 70[25]
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U.S. law

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Further information: Doe v. Bush, US Constitution, and US law
Events leading up
to the Iraq War

The United States Court of Appeals for the First Circuit refused to review the legality of the invasion in 2003, citing a lack of ripeness.

In early 2003, the Iraq Resolution was challenged in court to stop the invasion from happening. The plaintiffs argued that the President does not have the authority to declare war. The final decision came from a three-judge panel from the US Court of Appeals for the First Circuit which dismissed the case. Judge Lynch wrote in the opinion that the Judiciary cannot intervene unless there is a fully developed conflict between the President and Congress or if Congress gave the President "absolute discretion" to declare war.[26]

Similar efforts to secure judicial review of the invasion's legality have been dismissed on a variety of justiciability grounds.

International law

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Main article: Legality of the Iraq War
Further information: United Nations Charter and International law

The vast majority of international legal scholarship contended that the war was an illegal war of aggression, and United Nations Secretary General Kofi Annan stated in 2004 that the invasion was illegal, and that it was "not in conformity with the UN Charter".[27][28]

U.N. security council resolutions

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Debate about the legality of the 2003 invasion of Iraq under international law, centers around ambiguous language in parts of U.N. Resolution 1441 (2002).[29] The U.N. Charter in Article 39 states: "The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security".

The position of the U.S. and U.K. is that the invasion was authorized by a series of U.N. resolutions dating back to 1990 and that since the U.N. security council has made no Article 39[30] finding of illegality, that no illegality exists.

Resolution 1441 declared that Iraq was in "material breach" of the cease-fire under U.N. Resolution 687 (1991), which required cooperation with weapons inspectors. The Vienna Convention on the Law of Treaties states that under certain conditions, a party may invoke a "material breach" to suspend a multilateral treaty. Thus, the U.S. and U.K. claim that they used their right to suspend the cease-fire in Resolution 687 and to continue hostilities against Iraq under the authority of U.N. Resolution 678 (1990), which originally authorized the use of force after Iraq invaded Kuwait.[31] This is the same argument that was used for Operation Desert Fox in 1998.[32] They also contend that, while Resolution 1441 required the UNSC to assemble and assess reports from the weapons inspectors, it was not necessary for the UNSC to reach an agreement on the course of action. If, at that time, it was determined that Iraq breached Resolution 1441, the resolution did not "constrain any member state from acting to defend itself against the threat posed by Iraq".[33] The United States government argued, wholly apart from Resolution 1441, that it has a right of pre-emptive self-defense to protect itself from terrorism fomented by Iraq.[34]

It remains unclear whether any party other than the Security Council can make the determination that Iraq breached Resolution 1441, as U.N. members commented that it is not up to one member state to interpret and enforce U.N. resolutions for the entire council.[35] In addition, other nations have stated that a second resolution was required to initiate hostilities.[36]

Repeal

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See also: Repeal of the 2002 AUMF

On June 17, 2021, the House of Representatives voted for House Resolution 256, to repeal the 2002 resolution by a vote of 268–161. 219 House Democrats and 49 House Republicans voted to repeal, while 160 Republicans and 1 Democrat voted to oppose the repeal.[37]

In July 2021, three Senators, Christopher Murphy, Mike Lee & Bernie Sanders, introduced S.2391, the National Security Powers Act of 2021, which would have repealed previous war authorizations and established new procedures,[38] but a Senator put a quasi-anonymous hold on it in committee until it was dead.[39] Its companion in the House, H.R.5410, the National Security Reforms and Accountability Act, did not contain the repeal language (which prevented the Senators' attempt to repeal),[40] and again, this companion bill was quasi-anonymously held in committee til it was dead.[41]

On March 16, 2023, a bill (S. 316) to repeal the 1991 and 2002 AUMFs, introduced by Senators Tim Kaine and Todd Young, was advanced by the Senate by 68 votes to 27,[42] but its companion, H.R.932, has been quasi-anonymously held by a Representative in the House Committee on Foreign Affairs since February 9, 2023.[43]

On July 13, 2023, in a further attempt to repeal the 1991 and 2002 AUMFs, Tim Kaine & Todd Young introduced S.Amdt.427 to S.2226, the National Defense Authorization Act for Fiscal Year 2024.[44] But they didn't timely propose it on the floor so that when the bill passed the Senate, no action was taken on their amendment & it was therefore, by default, excluded by law.[45] The POTUS remains authorized by Congress to strike at will, any targets of his choosing in Iraq.

See also

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References

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  1. ^ Authorization for Use of Military Force Against Iraq Resolution of 2002 (PDF)
  2. ^ "Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq" (Press release). The Office of the President of the United States. Archived from the original on November 2, 2002.
  3. ^ a b "President, House Leadership Agree on Iraq Resolution" (Press release). The White House. 2002-10-02.
  4. ^ "Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq" (Press release). The White House. 2002-10-02.
  5. ^ "President's Remarks at the United Nations General Assembly" (Press release). The White House. 2002-09-12.
  6. ^ "Remarks by the President after Meeting with Congressional Leaders" (Press release). The White House. 2002-09-18.
  7. ^ Legislation related to the Authorization for Use of Military Force Against Iraq, Congressional Record, Library of Congress.
  8. ^ Major Congressional Actions of H.J.Res. 114, Congressional Record, Library of Congress
  9. ^ "107th Congress-2nd Session 455th Roll Call Vote of by members of the House of Representatives".
  10. ^ "U.S. Senate: U.S. Senate Roll Call Votes 107th Congress – 2nd Session". www.senate.gov.
  11. ^ H.AMDT.608 – Amendment in the nature of a substitute of H.J.RES.114 Archived 2008-12-18 at the Wayback Machine, 107th Congress, U.S. House of Representatives, Library of Congress, 2002-10-10
  12. ^ On Agreeing to the Lee of California Substitute Amendment, 107th Congress, U.S. House of Representatives, Clerk of the House, 2002-10-10
  13. ^ H.AMDT.609 – Amendment in the nature of a substitute of H.J.RES.114 Archived 2008-12-18 at the Wayback Machine, 107th Congress, U.S. House of Representatives, Library of Congress, 2002-10-10
  14. ^ On Agreeing to the Spratt of South Carolina Substitute Amendment, 107th Congress, U.S. House of Representatives, Clerk of the House, 2002-10-10
  15. ^ H.RES.574 – Providing for the consideration of the joint resolution (H.J.RES.114)[permanent dead link‍], 107th Congress, U.S. House of Representatives, Library of Congress, 2002-10-08
  16. ^ H.AMDT.610 – Amendment considered as adopted pursuant to the provisions of H.Res.574 Archived 2016-07-03 at the Wayback Machine, 107th Congress, U.S. House of Representatives, Library of Congress, 2002-10-10
  17. ^ On Agreeing to Resolve H.RES.574 Archived 2016-07-04 at the Wayback Machine, 107th Congress, U.S. House of Representatives, Library of Congress, 2002-10-08
  18. ^ S.AMDT.4868 – Providing for Statuary Construction in the Consideration of the Joint Resolution (S.J.RES.45) Archived 2008-12-18 at the Wayback Machine, 107th Congress, U.S. Senate, Library of Congress, 2002-10-10
  19. ^ On Agreeing to the Amendment (Byrd Amdt. No. 4868), 107th Congress, U.S. Senate, Library of Congress, 2002-10-10
  20. ^ S.AMDT.4869 – Providing for Congressional Construction in the Consideration of the Joint Resolution (S.J.RES.45) Archived 2008-12-18 at the Wayback Machine, 107th Congress, U.S. Senate, Library of Congress, 2002-10-10
  21. ^ On Agreeing to the Amendment (Byrd Amdt. No. 4869), 107th Congress, U.S. Senate, Library of Congress, 2002-10-10
  22. ^ S.AMDT.4862 – Providing for Congressional Construction in the Consideration of the Joint Resolution (S.J.RES.45) Archived 2008-12-18 at the Wayback Machine, 107th Congress, U.S. Senate, Library of Congress, 2002-10-10
  23. ^ On Agreeing to the Amendment (Levin Amdt. No. 4862), 107th Congress, U.S. Senate, Library of Congress, 2002-10-10
  24. ^ S.AMDT.4865 – Providing for Congressional Amendment in the Consideration of the Joint Resolution (S.J.RES.45) Archived 2008-12-18 at the Wayback Machine, 107th Congress, U.S. Senate, Library of Congress, 2002-10-10
  25. ^ On Agreeing to the Amendment (Byrd Amdt. No. 4865), 107th Congress, U.S. Senate, Library of Congress, 2002-10-10
  26. ^ Doe v. Bush Opinion by Judge Lynch 3/13/2003 Archived 2007-08-09 at the Wayback Machine Pages 3,4,23,25,26. Retrieved 8/7/2007.
  27. ^ MacAskill, Ewen; Borger, Julian (2004-09-16). "Iraq war was illegal and breached UN charter, says Annan". The Guardian. ISSN 0261-3077. Retrieved 2019-11-29.
  28. ^ "Iraq war illegal, says Annan". 16 September 2004 – via news.bbc.co.uk.
  29. ^ World Press: "The United Nations, International Law, and the War in Iraq" Retrieved 9/5/2007. "Resolution 1441 ultimately passed—by a vote of 15–0—because its ambiguous wording was able to placate all parties. <...> Resolution 1441 is ambiguous in two important ways. The first deals with who can determine the existence of a material breach. The second concerns whether another resolution, explicitly authorizing force, is needed before military action against Iraq may be taken."
  30. ^ UN Charter Article 39 http://www.un.org/en/documents/charter/chapter5.shtml Accessed 12/28/2011.
  31. ^ ASIL: Security Council Resolution 1441 on Iraq's Final Opportunity to Comply with Disarmament Obligations November, 2002. Retrieved 9/5/2007. "The language of 'material breach' in Resolution 1441 is keyed to Article 60 of the Vienna Convention on the Law of Treaties, which is the authoritative statement of international law regarding material breaches of treaties. Under Article 60 of the Vienna Convention, a material breach is an unjustified repudiation of a treaty or the violation of a provision essential to the accomplishment of the object or purpose of a treaty. Article 60 provides that a party specially affected by a material breach of a multilateral treaty may invoke it as a ground for suspending the operation of the treaty in whole or in part in the relations between itself and the defaulting state. <...> Security Council Resolution 687, adopted at the end of the Gulf War, includes a provision declaring a formal cease-fire between Iraq, Kuwait and the member states (such as the United States) cooperating with Kuwait in accordance with Resolution 678 (1990). Resolution 678 authorized member states to use all necessary means to restore international peace and security in the area, and thus provided the basis under international law for the allies' military action in the Gulf War. The determination in Resolution 1441 that Iraq is already in material breach of its obligations under Resolution 687 provides a basis for the decision in paragraph 4 (above) of Resolution 1441 that any further lack of cooperation by Iraq will be a further material breach. If Iraq, having confirmed its intention to comply with Resolution 1441, then fails to cooperate fully with the inspectors, it would open the way to an argument by any specially affected state that it could suspend the operation of the cease-fire provision in Resolution 687 and rely again on Resolution 678."
  32. ^ World Press: "The United Nations, International Law, and the War in Iraq" Retrieved 9/5/2007. "[On Dec. 16, 1998], U.S. and British warplanes launched air strikes against Iraq after learning that Iraq was continuing to impede the work of UNSCOM, the weapons inspectors sent to Iraq at the close of the Gulf War, and thus was not in compliance with Resolution 687. When the Security Council met that night to discuss whether individual member states could resort to force without renewed Security Council consent, it was clear that the Security Council members did not all agree on the legality of the U.S. and British resort to force. According to the press release from that meeting, the U.S. representative claimed his country's actions were authorized by previous council resolutions (as many in the Bush administration are arguing again today). The British delegate similarly argued that because Iraq had not complied with the terms of Resolution 687, military force was justified."
  33. ^ World Press: "The United Nations, International Law, and the War in Iraq" Retrieved 9/5/2007. "At that time, U.S. Ambassador to the U.N. John Negroponte said: 'This resolution contains no 'hidden triggers' and no 'automaticity' with respect to the use of force. If there is a further Iraqi breach, reported to the council by UNMOVIC, the IAEA, or a Member State, the matter will return to the council for discussion….[But] if the Security Council fails to act decisively in the event of further Iraqi violations, this resolution does not constrain any member state from acting to defend itself against the threat posed by Iraq or to enforce the relevant United Nations resolutions and protect world peace and security.' The British ambassador, Sir Jeremy Greenstock, agreed."
  34. ^ American Society of International Law: Security Council Resolution 1441 on Iraq's Final Opportunity to Comply with Disarmament Obligations November, 2002. http://www.asil.org/insigh92.cfm Archived 2012-02-04 at the Wayback Machine Retrieved 12/28/2011.
  35. ^ US not allowed to speak for the entire council
  36. ^ ASIL: Security Council Resolution 1441 on Iraq's Final Opportunity to Comply with Disarmament Obligations November, 2002. Retrieved 9/5/2007. "[T]he representative of Mexico (a current member of the Security Council) said after the vote on Resolution 1441 that the use of force is only valid as a last resort and with prior, explicit authorization from the Council. Mexico does not stand alone in taking that position. <...> It would be argued that, in light of the emphasis in the Charter on peaceful dispute settlement, Resolution 678 could not be used as an authorization for the use of force after twelve years of cease fire, unless the Security Council says so."
  37. ^ "In Historic, Bipartisan Move, House Votes To Repeal 2002 Iraq War Powers Resolution". 17 June 2021. Retrieved 19 June 2021.
  38. ^ Desiderio, Andrew (2021-07-20). "Unlikely Senate alliance aims to claw back Congress' foreign policy powers 'before it's too late'". Politico. Retrieved 2022-10-03.
  39. ^ "S.2391 – National Security Powers Act of 2021 117th Congress (2021–2022)". congress.gov. Law Library of Congress. July 20, 2021. Retrieved November 9, 2023.
  40. ^ McGovern, James P. (2021-09-30). "Text – H.R.5410 – 117th Congress (2021–2022): National Security Reforms and Accountability Act". congress.gov. Law Library of Congress. Retrieved 2022-10-03.
  41. ^ "H.R.5410 – National Security Reforms and Accountability Act 117th Congress (2021–2022)". congress.gov. Law Library of Congress. September 30, 2021. Retrieved November 9, 2023.
  42. ^ Yilek, Caitlin (March 16, 2023). "Senate advances bill to repeal Iraq war authorizations in bipartisan vote". CBS News.
  43. ^ "All Information (Except Text) for H.R.932 – To repeal the authorizations for use of military force against Iraq. 118th Congress (2023–2024)". congress.gov. Law Library of Congress. February 9, 2023. Retrieved November 9, 2023.
  44. ^ "S.Amdt.427 to S.2226 118th Congress (2023–2024)". congress.gov. Law Library of Congress. July 13, 2023. Retrieved November 9, 2023.
  45. ^ "Amendments: S.2226 — 118th Congress (2023–2024)". congress.gov. Law Library of Congress. July 27, 2023. Retrieved November 9, 2023.
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