S.Amdt. 6600Senate117th Congress (2021-2023)2nd degree
S.Amdt. 6600
Sponsored by
Sen. Tim Kaine (D-VA)
Submitted December 21, 2022
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Senate amendment submitted
December 21, 2022
Text
Submitted
SA 6600. Mr. KAINE (for himself and Mr. Young) submitted an amendment intended to be proposed to amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United States Code, to amend the description of how performance goals are achieved, and for other purposes; which was ordered to lie on the table; as follows: On page 410, after line 25, add the following: SEC. 8145. REPEAL OF AUTHORIZATIONS FOR USE OF MILITARY FORCE AGAINST IRAQ. (a) Findings.--Congress makes the following findings: (1) 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. (2) 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. (3) Repealing the 1991 AUMF and the 2002 AUMF would therefore not affect ongoing United States military operations. (4) 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. (5) 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''. (6) 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. (7) 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''. (8) In a February 23, 2021, call with Prime Minister Mustafa Al-Kadhimi of Iraq, President Joseph R. Biden affirmed United States [[Page S10008]] support for Iraq's ``sovereignty and independence''. (9) 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. (10) Authorizations for the use of military force that are no longer necessary should have a clear political and legal ending. (b) 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. (c) 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. ______