Title: A joint resolution to repeal the authorizations for use of military force against Iraq, and for other purposes.
Policy area: International Affairs

Summary:
This joint resolution repeals authorizations of use of military force against Iraq enacted on January 14, 1991, and October 16, 2002.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 13 Introduced in Senate (IS)]

<DOC>






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 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 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
    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.
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