Bill Summary
This joint resolution repeals two previous authorizations for the use of military force against Iraq, enacted in 1991 and 2002. These authorizations are no longer necessary as the United States is no longer engaged in activities in Iraq under these authorizations. The resolution also clarifies that the remaining authorization, enacted in 2001, is the sole legal basis for any current military operations. The repeal of these authorizations has no impact on ongoing military operations and is seen as a political and legal conclusion. Additionally, the resolution notes that the United States' presence in Iraq is at the invitation of the Iraqi government and that the authorizations being repealed are not being used for any current detentions.
Possible Impacts
1. The repeal of the Authorization for Use of Military Force Against Iraq Resolution and the Authorization for Use of Military Force Against Iraq Resolution of 2002 could affect soldiers and their families as it may lead to changes in deployment and military operations in Iraq.
2. The repeal may also affect the relationship between the United States and the Government of Iraq, as it could impact the legal basis for the presence of US troops in the country.
3. The repeal could also affect the legal basis for detaining enemy combatants, potentially leading to changes in the handling of detained individuals.
[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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