IIA 

116TH CONGRESS 

1ST SESSION S. J. RES. 13 

To repeal the authorizations for use of military force against Iraq, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2019 

Mr. KAINE (for himself and Mr. YOUNG) 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 reports required every 60 days pursuant to section 

3 of the 1991 AUMF and section 4 of the 2002 AUMF 

indicated that the United States was not engaged in any 


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•SJ 13 IS 

activities pursuant to the 1991 AUMF or the 2002 

AUMF from December 2011 through June 2014; 

Whereas, since June 2014, the only relevant activities detailed by such reports are actions by the United States 

to combat the threat posed by the Islamic State of Iraq 

and Syria (ISIS); 

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 Secretary of State Pompeo noted in a January 10, 

2019, speech in Cairo that ‘‘[t]oday in Iraq, at the government’s invitation, we have approximately 5,000 troops 

where there were once 166,000’’, and further that ‘‘when 

we do set up major bases . . . it’s at the invitation of 

the host country’’; 

Whereas, during testimony to the Committee on Armed Services of the Senate on February 5, 2019, Commander of 

the United States Central Command, General Joseph 


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•SJ 13 IS 

Votel, stated that United States forces are in Iraq at the 

‘‘invitation of the Government of Iraq’’; 

Whereas, following a trip to Iraq, Acting Secretary of Defense Patrick M. Shanahan stated on February 12, 2019, 

that ‘‘[w]e understand that we’re there by invitation and 

that we jointly share the resources and that we clearly 

recognize their sovereignty’’; 

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 

conclusion: 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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