[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 114 Enrolled Bill (ENR)]

        H.J.Res.114

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                            Joint Resolution


 
    To authorize the use of United States Armed Forces against Iraq.

Whereas in 1990 in response to Iraq's war of aggression against and 
  illegal occupation of Kuwait, the United States forged a coalition of 
  nations to liberate Kuwait and its people in order to defend the 
  national security of the United States and enforce United Nations 
  Security Council resolutions relating to Iraq;

Whereas after the liberation of Kuwait in 1991, Iraq entered into a 
  United Nations sponsored cease-fire agreement pursuant to which Iraq 
  unequivocally agreed, among other things, to eliminate its nuclear, 
  biological, and chemical weapons programs and the means to deliver 
  and develop them, and to end its support for international terrorism;

Whereas the efforts of international weapons inspectors, United States 
  intelligence agencies, and Iraqi defectors led to the discovery that 
  Iraq had large stockpiles of chemical weapons and a large scale 
  biological weapons program, and that Iraq had an advanced nuclear 
  weapons development program that was much closer to producing a 
  nuclear weapon than intelligence reporting had previously indicated;

Whereas Iraq, in direct and flagrant violation of the cease-fire, 
  attempted to thwart the efforts of weapons inspectors to identify and 
  destroy Iraq's weapons of mass destruction stockpiles and development 
  capabilities, which finally resulted in the withdrawal of inspectors 
  from Iraq on October 31, 1998;

Whereas in Public Law 105-235 (August 14, 1998), Congress concluded 
  that Iraq's continuing weapons of mass destruction programs 
  threatened vital United States interests and international peace and 
  security, declared Iraq to be in ``material and unacceptable breach 
  of its international obligations'' and urged the President ``to take 
  appropriate action, in accordance with the Constitution and relevant 
  laws of the United States, to bring Iraq into compliance with its 
  international obligations'';

Whereas Iraq both poses a continuing threat to the national security of 
  the United States and international peace and security in the Persian 
  Gulf region and remains in material and unacceptable breach of its 
  international obligations by, among other things, continuing to 
  possess and develop a significant chemical and biological weapons 
  capability, actively seeking a nuclear weapons capability, and 
  supporting and harboring terrorist organizations;

Whereas Iraq persists in violating resolution of the United Nations 
  Security Council by continuing to engage in brutal repression of its 
  civilian population thereby threatening international peace and 
  security in the region, by refusing to release, repatriate, or 
  account for non-Iraqi citizens wrongfully detained by Iraq, including 
  an American serviceman, and by failing to return property wrongfully 
  seized by Iraq from Kuwait;

Whereas the current Iraqi regime has demonstrated its capability and 
  willingness to use weapons of mass destruction against other nations 
  and its own people;

Whereas the current Iraqi regime has demonstrated its continuing 
  hostility toward, and willingness to attack, the United States, 
  including by attempting in 1993 to assassinate former President Bush 
  and by firing on many thousands of occasions on United States and 
  Coalition Armed Forces engaged in enforcing the resolutions of the 
  United Nations Security Council;

Whereas members of al Qaida, an organization bearing responsibility for 
  attacks on the United States, its citizens, and interests, including 
  the attacks that occurred on September 11, 2001, are known to be in 
  Iraq;

Whereas Iraq continues to aid and harbor other international terrorist 
  organizations, including organizations that threaten the lives and 
  safety of United States citizens;

Whereas the attacks on the United States of September 11, 2001, 
  underscored the gravity of the threat posed by the acquisition of 
  weapons of mass destruction by international terrorist organizations;

Whereas Iraq's demonstrated capability and willingness to use weapons 
  of mass destruction, the risk that the current Iraqi regime will 
  either employ those weapons to launch a surprise attack against the 
  United States or its Armed Forces or provide them to international 
  terrorists who would do so, and the extreme magnitude of harm that 
  would result to the United States and its citizens from such an 
  attack, combine to justify action by the United States to defend 
  itself;

Whereas United Nations Security Council Resolution 678 (1990) 
  authorizes the use of all necessary means to enforce United Nations 
  Security Council Resolution 660 (1990) and subsequent relevant 
  resolutions and to compel Iraq to cease certain activities that 
  threaten international peace and security, including the development 
  of weapons of mass destruction and refusal or obstruction of United 
  Nations weapons inspections in violation of United Nations Security 
  Council Resolution 687 (1991), repression of its civilian population 
  in violation of United Nations Security Council Resolution 688 
  (1991), and threatening its neighbors or United Nations operations in 
  Iraq in violation of United Nations Security Council Resolution 949 
  (1994);

Whereas in the Authorization for Use of Military Force Against Iraq 
  Resolution (Public Law 102-1), Congress has authorized the President 
  ``to use United States Armed Forces pursuant to United Nations 
  Security Council Resolution 678 (1990) in order to achieve 
  implementation of Security Council Resolution 660, 661, 662, 664, 
  665, 666, 667, 669, 670, 674, and 677'';

Whereas in December 1991, Congress expressed its sense that it 
  ``supports the use of all necessary means to achieve the goals of 
  United Nations Security Council Resolution 687 as being consistent 
  with the Authorization of Use of Military Force Against Iraq 
  Resolution (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 United Nations Security Council Resolution 688'';

Whereas the Iraq Liberation Act of 1998 (Public Law 105-338) expressed 
  the sense of Congress that it should be the policy of the United 
  States to support efforts to remove from power the current Iraqi 
  regime and promote the emergence of a democratic government to 
  replace that regime;

Whereas on September 12, 2002, President Bush committed the United 
  States to ``work with the United Nations Security Council to meet our 
  common challenge'' posed by Iraq and to ``work for the necessary 
  resolutions,'' while also making clear that ``the Security Council 
  resolutions will be enforced, and the just demands of peace and 
  security will be met, or action will be unavoidable'';

Whereas the United States is determined to prosecute the war on 
  terrorism and Iraq's ongoing support for international terrorist 
  groups combined with its development of weapons of mass destruction 
  in direct violation of its obligations under the 1991 cease-fire and 
  other United Nations Security Council resolutions make clear that it 
  is in the national security interests of the United States and in 
  furtherance of the war on terrorism that all relevant United Nations 
  Security Council resolutions be enforced, including through the use 
  of force if necessary;

Whereas Congress has taken steps to pursue vigorously the war on 
  terrorism through the provision of authorities and funding requested 
  by the President to take the necessary actions against international 
  terrorists and terrorist organizations, including those nations, 
  organizations, or persons who planned, authorized, committed, or 
  aided the terrorist attacks that occurred on September 11, 2001, or 
  harbored such persons or organizations;

Whereas the President and Congress are determined to continue to take 
  all appropriate actions against international terrorists and 
  terrorist organizations, including those nations, organizations, or 
  persons who planned, authorized, committed, or aided the terrorist 
  attacks that occurred on September 11, 2001, or harbored such persons 
  or organizations;

Whereas the President has authority under the Constitution to take 
  action in order to deter and prevent acts of international terrorism 
  against the United States, as Congress recognized in the joint 
  resolution on Authorization for Use of Military Force (Public Law 
  107-40); and

Whereas it is in the national security interests of the United States 
  to restore international peace and security to the Persian Gulf 
  region: 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 ``Authorization for Use 
of Military Force Against Iraq Resolution of 2002''.

SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.

    The Congress of the United States supports the efforts by the 
President to--
        (1) strictly enforce through the United Nations Security 
    Council all relevant Security Council resolutions regarding Iraq 
    and encourages him in those efforts; and
        (2) obtain prompt and decisive action by the Security Council 
    to ensure that Iraq abandons its strategy of delay, evasion and 
    noncompliance and promptly and strictly complies with all relevant 
    Security Council resolutions regarding Iraq.

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

    (a) Authorization.--The President is authorized to use the Armed 
Forces of the United States as he determines to be necessary and 
appropriate in order to--
        (1) defend the national security of the United States against 
    the continuing threat posed by Iraq; and
        (2) enforce all relevant United Nations Security Council 
    resolutions regarding Iraq.
    (b) Presidential Determination.--In connection with the exercise of 
the authority granted in subsection (a) to use force the President 
shall, prior to such exercise or as soon thereafter as may be feasible, 
but no later than 48 hours after exercising such authority, make 
available to the Speaker of the House of Representatives and the 
President pro tempore of the Senate his determination that--
        (1) reliance by the United States on further diplomatic or 
    other peaceful means alone either (A) will not adequately protect 
    the national security of the United States against the continuing 
    threat posed by Iraq or (B) is not likely to lead to enforcement of 
    all relevant United Nations Security Council resolutions regarding 
    Iraq; and
        (2) acting pursuant to this joint resolution is consistent with 
    the United States and other countries continuing to take the 
    necessary actions against international terrorist and terrorist 
    organizations, including those nations, organizations, or persons 
    who planned, authorized, committed or aided the terrorist attacks 
    that occurred on September 11, 2001.
    (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.

    (a) Reports.--The President shall, at least once every 60 days, 
submit to the Congress a report on matters relevant to this joint 
resolution, including actions taken pursuant to the exercise of 
authority granted in section 3 and the status of planning for efforts 
that are expected to be required after such actions are completed, 
including those actions described in section 7 of the Iraq Liberation 
Act of 1998 (Public Law 105-338).
    (b) Single Consolidated Report.--To the extent that the submission 
of any report described in subsection (a) coincides with the submission 
of any other report on matters relevant to this joint resolution 
otherwise required to be submitted to Congress pursuant to the 
reporting requirements of the War Powers Resolution (Public Law 93-
148), all such reports may be submitted as a single consolidated report 
to the Congress.
    (c) Rule of Construction.--To the extent that the information 
required by section 3 of the Authorization for Use of Military Force 
Against Iraq Resolution (Public Law 102-1) is included in the report 
required by this section, such report shall be considered as meeting 
the requirements of section 3 of such resolution.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.