[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>