[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 75 Referred in Senate (RFS)]

  1st Session
H. J. RES. 75


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 20 (legislative day, December 18), 2001

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION


 
   Regarding inspection and monitoring to prevent the development of 
                  weapons of mass destruction in Iraq.

Whereas the Iraqi regime of Saddam Hussein engaged the Islamic Republic of Iran, 
        a nation of more than 55,000,000 Muslims, in a 10-year war, during which 
        Saddam Hussein used chemical weapons against Iran and his own people;
Whereas Saddam Hussein has pursued a policy of ethnic cleansing against the 
        Kurdish people, killing 5,000 Kurdish civilians with a chemical attack 
        on March 16, 1988, and an estimated 50,000 to 182,000 in the forced 
        relocation of Kurdish civilians in 1988;
Whereas on August 2, 1990, Iraq without provocation invaded the State of Kuwait, 
        a nation of more than 1,500,000 Muslims;
Whereas on November 29, 1990, the United Nations Security Council adopted United 
        Nations Security Council Resolution 678, which authorized nations 
        cooperating with the State of Kuwait to use all necessary means to force 
        Iraq to withdraw from Kuwait and to restore international peace and 
        security to the area;
Whereas on January 17, 1991, the regime of Saddam Hussein without provocation 
        fired 7 Scud missiles into the State of Israel, a nation of 
        approximately 1,000,000 Muslims and 5,000,000 Jews;
Whereas on January 17, 1991, Iraq fired Scud missiles into the Kingdom of Saudi 
        Arabia, a nation of more than 20,000,000 Muslims;
Whereas on January 29, 1991, Iraq attacked the city of Khafji in the Kingdom of 
        Saudi Arabia;
Whereas the regime of Saddam Hussein is a threat to its neighbors and has 
        demonstrated its willingness to use weapons of mass destruction;
Whereas on February 24, 1991, a broad international coalition of 38 Muslim and 
        non-Muslim nations, including the United States, the United Kingdom of 
        Great Britain and Northern Ireland, the State of Kuwait, the Arab 
        Republic of Egypt, the Kingdom of Saudi Arabia, and the Syrian Arab 
        Republic, began a coalition ground operation to liberate Kuwait;
Whereas on April 6, 1991, Iraq accepted the provisions of United Nations 
        Security Council Resolution 687 (April 3, 1991) bringing a formal cease-
        fire into effect;
Whereas, in accordance with Security Council Resolution 687, Iraq 
        unconditionally accepted the destruction, removal, or rendering harmless 
        of ``all chemical and biological weapons and all stocks of agents and 
        all related subsystems and components and all research, development, 
        support and manufacturing facilities related thereto'', and ``all 
        ballistic missiles with a range greater than one hundred and fifty 
        kilometers, and related major parts and repair and production 
        facilities'';
Whereas, in accordance with Security Council Resolution 687, Iraq 
        unconditionally agreed not to acquire or develop any nuclear weapons, 
        nuclear-weapons-usable material, nuclear-related subsystems or 
        components, or nuclear-related research, development, support, or 
        manufacturing facilities;
Whereas Security Council Resolution 687 calls for the creation of a United 
        Nations special commission to ``carry out immediate on-site inspection 
        of Iraq's biological, chemical, and missile capabilities'' and to assist 
        and cooperate with the International Atomic Energy Agency in carrying 
        out the ``destruction, removal or rendering harmless'' of all nuclear-
        related items and in developing a plan for the ongoing monitoring and 
        verification of Iraq's compliance;
Whereas, in accordance with Security Council Resolution 687, the process of 
        destruction, removal, or rendering harmless of Iraq's weapons of mass 
        destruction was to have been completed within 45 days of approval by the 
        United Nations Security Council of the weapons inspectors' plan for 
        doing so;
Whereas Iraq has now been in breach of this requirement for more than a decade;
Whereas the regime of Saddam Hussein consistently impeded the work of United 
        Nations weapons inspectors in Iraq between 1991 and 1998 by denying them 
        access to crucial sites and documents and by obstructing their work in 
        numerous other ways;
Whereas on October 31, 1998, Iraq banned the United Nations weapons inspectors 
        despite its agreement and obligation to comply with Security Council 
        Resolution 687;
Whereas on December 15, 1998, the chief United Nations weapons inspector 
        reported that Iraq was withholding cooperation;
Whereas Congress declared in Public Law 105-235 (112 Stat. 1538) that ``the 
        Government of Iraq is in material and unacceptable breach of its 
        international obligations, and therefore the President is urged 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 Security Council Resolution 687 was adopted under chapter VII of the 
        United Nations Charter and violations of such resolution that threaten 
        international peace and security may be dealt with through military 
        action pursuant to Security Council Resolution 678;
Whereas the United States has reported that a high risk exists that Iraq has 
        continued to develop weapons of mass destruction since the expulsion of 
        United Nations weapons inspectors, in violation of Security Council 
        Resolution 687 and subsequent resolutions;
Whereas such development is a threat to the United States and its friends and 
        allies in the Middle East;
Whereas Congress declared in Public Law 105-338 (112 Stat. 3178) that it should 
        be ``the policy of the United States to support efforts to remove the 
        regime headed by Saddam Hussein from power in Iraq and to promote the 
        emergence of a democratic government to replace that regime'';
Whereas the attacks of September 11, 2001, illustrate the global reach of 
        terrorists;
Whereas numerous terrorist groups are seeking to acquire weapons of mass 
        destruction;
Whereas Iraq is a sponsor of terrorism and has trained members of several 
        terrorist organizations;
Whereas the regime of Saddam Hussein plotted to assassinate former President 
        George Bush during his visit to the State of Kuwait in 1993;
Whereas the President has stated that ``any nation that continues to harbor or 
        support terrorism will be regarded by the United States as a hostile 
        regime'' and has committed to ``pursue nations that provide aid or safe 
        haven to terrorism''; and
Whereas on November 26, 2001, President Bush warned that any nation that 
        develops weapons of mass destruction in order to ``terrorize'' others 
        ``will be held accountable'': Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That--
            (1) the United States and the United Nations Security 
        Council should insist on a complete program of inspection and 
        monitoring to prevent the development of weapons of mass 
        destruction in Iraq;
            (2) Iraq should allow United Nations weapons inspectors 
        ``immediate, unconditional and unrestricted access to any and 
        all areas, facilities, equipment, records and means of 
        transportation which they wish to inspect'', as required by 
        United Nations Security Council Resolutions 707 (August 15, 
        1991) and 1284 (December 17, 1999);
            (3) the United States should ensure that the United Nations 
        does not accept any inspection and monitoring regime that fails 
        to guarantee weapons inspectors immediate, unconditional, and 
        unrestricted access to any and all areas, facilities, 
        equipment, records, and means of transportation which they wish 
        to inspect;
            (4) Iraq, as a result of its refusal to comply with the 
        terms of United Nations Security Council Resolution 687 (April 
        3, 1991) and subsequent relevant resolutions, remains in 
        material and unacceptable breach of its international 
        obligations; and
            (5) Iraq's refusal to allow United Nations weapons 
        inspectors immediate, unconditional, and unrestricted access to 
        facilities and documents covered by United Nations Security 
        Council Resolution 687 and other relevant resolutions presents 
        a mounting threat to the United States, its friends and allies, 
        and international peace and security.

            Passed the House of Representatives December 20, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.