[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 110 Introduced in House (IH)]







107th CONGRESS
  2d Session
H. J. RES. 110

    Authorizing the use of United States Armed Forces against Iraq.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2002

  Mr. Hastings of Florida introduced the following joint resolution; 
     which was referred to the Committee on International Relations

_______________________________________________________________________

                            JOINT RESOLUTION


 
    Authorizing the use of United States Armed Forces against Iraq.

Whereas on September 11, 2001, it was demonstrated that the United States is a 
        known target of terrorism;
Whereas in 1988 Congress concluded that Iraq was then in material and 
        unacceptable breach of its international obligations and thereby 
        threatened the vital interests of the United States and international 
        peace and security, stated the reasons for that conclusion, and urged 
        the President to take appropriate action to bring Iraq into compliance 
        with its international obligations (Public Law 105-235);
Whereas Iraq persists in violating resolutions of the United Nations Security 
        Council by continuing to engage in brutal repression of its civilian 
        population, including the Kurdish people, thereby threatening peace and 
        security in the region, by refusing to release, repatriate, or account 
        for non-Iraqi citizens wrongfully detained by Iraq, and by failing to 
        return property wrongfully seized by Iraq from Kuwait;
Whereas Iraq is in breach of United Nations Security Council Resolution 687, to 
        cease repression of its civilian population pursuant to Security Council 
        Resolution 688, and to cease threatening its neighbors or United Nations 
        operations in Iraq pursuant to Security Council Resolution 949;
Whereas United Nations Security Council Resolution 678 authorizes use of all 
        necessary means to compel Iraq to comply with these ``subsequent 
        relevant resolutions'';
Whereas Congress, in the Authorization for Use of Military Force Against Iraq 
        Resolution (Public Law 102-1), authorized the President to use United 
        States Armed Forces to achieve full implementation of Security Council 
        Resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677, 
        pursuant to Security Council Resolution 678;
Whereas Congress, in section 1095 of the National Defense Authorization Act for 
        Fiscal Years 1992 and 1993 (Public Law 102-190), has stated that it 
        ``supports the use of all necessary means to achieve the goals of 
        Security Council Resolution 687 as being consistent with the 
        authorization for Use of Military Force Against Iraq (Public Law 102-
        1)'', that Iraq's repression of its civilian population violates United 
        Nations Security Council Resolution 688 and ``constitutes a continuing 
        threat to the peace, security, and stability of the Persian Gulf 
        Region'', and that Congress ``supports the use of all necessary means to 
        achieve the goals of Resolution 688'';
Whereas Congress, in the Iraq Liberation Act of 1998 (Public Law 105-338), has 
        expressed its sense that it should be the policy of the United States to 
        support efforts to remove from power the current Iraqi political 
        structure and promote the emergence of a democratic government to 
        replace that political structure;
Whereas in 1998 Iraq rejected full cooperation with the United Nations Special 
        Commission (UNSCOM) to ensure the destruction of all weapons of mass 
        destruction;
Whereas since 1998 Iraq has remained in noncompliance with United Nations 
        Security Council Resolutions 660, 661, 662, 664, 665, 666, 667, 669, 
        670, 674, and 677, pursuant to Security Council Resolution 678, 
        providing it with an open-ended ability to build its weapons of mass 
        destruction programs;
Whereas a key threat from Iraq is its development of weapons of mass destruction 
        and its potential to transfer weapons of mass destruction to the 
        terrorists and terrorist groups it sponsors;
Whereas a key threat from Iraq is the potential of an Iraqi preemptive strike 
        against the United States or its allies or interests in the region;
Whereas the President contends that Iraq remains an immediate threat to the 
        national security of the United States;
Whereas the United States is fighting a war on terrorism and seeks the widest 
        possible support of its allies and the support of United Nations 
        Security Council;
Whereas the United Nations Security Council in approving Resolution 1377 
        affirmed that ``the acts of international terrorism constitute one of 
        the most serious threats to international peace and security in the 
        twenty-first century'';
Whereas in the absence of one or more thorough and robust resolutions by the 
        United Nations Security Council to continue the weapons inspections 
        program in Iraq, Iraq remains a threat to all nations engaged in the 
        global war on terrorism;
Whereas the Constitution reserves to Congress the sole authority to declare war;
Whereas the Congress must approve any United States engagement in military 
        action with Iraq through the War Powers Resolution; and
Whereas the United States has never engaged in a preemptive strike against 
        another sovereign nation and must resort to this course of action when, 
        and only when, all other avenues for disarming the threat to its vital 
        interests have been explored and exhausted: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This joint resolution may be cited as the ``Liberation of the Iraqi 
People Resolution''.

SEC. 2. STATEMENT OF POLICY.

    Congress--
            (1) condemns Saddam Hussein's ongoing efforts to repress 
        the freedoms of the Iraqi people;
            (2) calls on the President to exhaust all peaceful and 
        diplomatic avenues for disarming the threat to United States 
        interests before using military force against Iraq;
            (3) calls on the President to obtain allied support for any 
        preemptive strike against Iraq through a thorough and robust 
        United Nations Security Council resolution;
            (4) urges the President to consider that in the absence of 
        a post-invasion plan for ensuring the democracy, security and 
        stability of the nation of Iraq, a military invasion will not 
        achieve the desired results for that nation; and
            (5) expresses its heartfelt concern for the safety, health, 
        and well being of the people of Iraq.

SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

    (a) Authorization.--The President is authorized, subject to 
subsection (b), to use United States Armed Forces to defend the 
national security interests of the United States against the threat 
posed by Iraq.
    (b) Conditions of Authority.--Before exercising the authority 
granted in subsection (a), the President shall--
            (1) certify to Congress that--
                    (A) Iraq is continuing to attempt to obtain 
                conventional, chemical, biological, and nuclear weapons 
                and carry out ballistic missile programs, and provide 
                appropriate documentation thereof;
                    (B) Iraq poses an imminent threat to the United 
                States or United States interests in the region, and 
                provide appropriate documentation thereof;
                    (C) the United States has used all appropriate 
                diplomatic and other peaceful means to obtain 
                compliance by Iraq with the United Nations Security 
                Council Resolutions 660, 661, 662, 664, 665, 666, 667, 
                669, 670, 674, 677, and 678; and
                    (D) the United States has sought from the United 
                Nations Security Council a thorough and robust 
                resolution expressing its dissatisfaction regarding 
                Iraq's noncompliance with United Nations Security 
                Council Resolutions 687 and 949 and those resolutions 
                specified in subparagraph (C); and
            (2) transmit to Congress a comprehensive plan of action 
        that contains, at a minimum--
                    (A) a commitment that United States engagement in 
                the war against terrorism shall remain the highest 
                priority of the United States Government to the maximum 
                extent possible;
                    (B) a comprehensive plan for long-term cultural, 
                economic, and political stabilization in a free Iraq;
                    (C) a commitment that the United States will take 
                necessary efforts to protect the health, safety, and 
                security of the Iraqi people and existing 
                infrastructure, and safety for all United States allies 
                and interests in the region; and
                    (D) a plan for the continued stabilization of 
                Afghanistan.
    (c) War Powers Resolution Requirements.--
            (1) Specific statutory authorization.--Consistent with 
        section 8(a)(1) of the War Powers Resolution, the Congress 
        declares that this section is intended to constitute specific 
        statutory authorization within the meaning of section 5(b) of 
        the War Powers Resolution.
            (2) Applicability of other requirements.--Nothing in this 
        joint resolution supersedes any requirement of the War Powers 
        Resolution.

SEC. 4. REPORTS TO CONGRESS.

    At least once every 60 days, the President shall submit to the 
Congress a summary on the status of efforts authorized in this joint 
resolution.
                                 <all>