[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 114 Introduced in House (IH)]
107th CONGRESS
2d Session
H. J. RES. 114
To authorize the use of United States Armed Forces against Iraq.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 2, 2002
Mr. Hastert (for himself and Mr. Gephardt) introduced the following
joint resolution; which was referred to the Committee on International
Relations
_______________________________________________________________________
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 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'' (Public Law 105-235);
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 resolutions 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 American 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 authorizes the use of all
necessary means to enforce United Nations Security Council Resolution
660 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, repression of its civilian
population in violation of United Nations Security Council Resolution
688, and threatening its neighbors or United Nations operations in Iraq
in violation of United Nations Security Council Resolution 949;
Whereas Congress in the Authorization for Use of Military Force Against Iraq
Resolution (Public Law 102-1) 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 Resolutions 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 (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 allrelevant 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 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 the
Use of Military Force Against Iraq''.
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 applicable to
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.
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 resolution is consistent with
the United States and other countries continuing to take the
necessary actions against international terrorists and
terrorist organizations, including those nations, organizations
or persons who planned, authorized, committed or aided the
terrorists 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
resolution supersedes any requirement of the War Powers
Resolution.
SEC. 4. REPORTS TO CONGRESS.
(a) 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 Public Law 105-338 (the Iraq
Liberation Act of 1998).
(b) 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 Public
Law 93-148 (the War Powers Resolution), all such reports may be
submitted as a single consolidated report to the Congress.
(c) To the extent that the information required by section 3 of
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 Public Law 102-1.
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