[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 118 Introduced in House (IH)]







107th CONGRESS
  2d Session
H. J. RES. 118

To provide preliminary authorization for the use of force against Iraq.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2002

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

_______________________________________________________________________

                            JOINT RESOLUTION


 
To provide preliminary authorization for the use of force against Iraq.

Whereas under United Nations Security Council Resolution 687 (1991), which 
        effected a formal cease-fire following the Persian Gulf War, Iraq agreed 
        to destroy or dismantle, under international supervision, its nuclear, 
        chemical, and biological weapons programs (hereafter in this joint 
        resolution referred to as Iraq's ``weapons of mass destruction 
        program''), as well as its program to develop or acquire ballistic 
        missiles with a range greater than 150 kilometers (hereafter in this 
        joint resolution referred to as Iraq's ``prohibited ballistic missile 
        program''), and undertook unconditionally not to develop any such 
        weapons thereafter;
Whereas on numerous occasions since 1991, the United Nations Security Council 
        has reaffirmed Resolution 687, most recently in Resolution 1284, which 
        established a new weapons inspection regime to ensure Iraqi compliance 
        with its obligations under Resolution 687;
Whereas on numerous occasions since 1991, the United States and the United 
        Nations Security Council have condemned Iraq's failure to fulfill its 
        obligations under Resolution 687 to destroy or dismantle its weapons of 
        mass destruction program and its prohibited ballistic missile program;
Whereas Iraq under Saddam Hussein used chemical weapons in its war with Iran in 
        the 1980s and against the Kurdish population in northern Iraq in 1988;
Whereas since 1990, the United States has considered Iraq to be a state sponsor 
        of terrorism; and
Whereas Iraq's failure to comply with its international obligations to destroy 
        or dismantle its weapons of mass destruction program and its prohibited 
        ballistic missile program, its record of using weapons of mass 
        destruction, its record of using force against neighboring states, and 
        its support for international terrorism require a strong diplomatic, and 
        if necessary, military response by the international community, led by 
        the United States: 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 ``Preliminary 
Authorization for the Use of Force Against Iraq Resolution of 2002''.

SEC. 2. AUTHORIZATION FOR THE USE OF UNITED STATES ARMED FORCES.

    (a) Authorization for the Use of Force.--The President, subject to 
subsection (b), is authorized to use United States Armed Forces as he 
determines to be necessary and appropriate--
            (1) to enforce United Nations Security Council Resolution 
        687, and other resolutions approved by the Council which govern 
        Iraqi compliance with Resolution 687, in order to secure the 
        dismantlement or destruction of Iraq's weapons of mass 
        destruction program and its prohibited ballistic missile 
        program; or
            (2) in the exercise of individual or collective self-
        defense, to defend the United States or allied nations against 
        a grave threat posed by Iraq's weapons of mass destruction 
        program or its prohibited ballistic missile program.
    (b) Requirement for Determination That Use of Force Is Necessary.--
Before exercising the authority granted by subsection (a)--
            (1) the President shall make available to the Speaker of 
        the House of Representatives and the President pro tempore of 
        the Senate his determination that--
                    (A) the United States has attempted to seek, 
                through the United Nations Security Council, adoption 
                of a resolution after September 12, 2002, under Chapter 
                VII of the United Nations Charter authorizing the 
                action described in subsection (a)(1), and such 
                resolution has been adopted; or
                    (B) the threat to the United States or allied 
                nations posed by Iraq's weapons of mass destruction 
                program or prohibited ballistic missile program is so 
                grave that the use of force is necessary pursuant to 
                subsection (a)(2), notwithstanding the failure of the 
                Security Council to approve a resolution described in 
                paragraph (1); and
            (2) Congress shall approve the determination of the 
        President referred to in paragraph (1) in a joint resolution 
        enacted after the date of the enactment of this joint 
        resolution.

SEC. 3. CONSULTATION.

    The President shall keep Congress fully and currently informed on 
matters relevant to this joint resolution.

SEC. 4. WAR POWERS RESOLUTION REQUIREMENTS.

    (a) Specific Statutory Authorization.--Consistent with section 
8(a)(1) of the War Powers Resolution, the Congress declares that 
section 2 is intended to constitute specific statutory authorization 
within the meaning of section 5(b) of the War Powers Resolution.
    (b) Applicability of Other Requirements.--Nothing in this joint 
resolution supersedes any requirement of the War Powers Resolution.
                                 <all>