[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 133 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
S. CON. RES. 133

Expressing the sense of Congress that the United States should not use 
   force against Iraq, outside of the existing Rules of Engagement, 
without specific statutory authorization or a declaration of war under 
   Article I, Section 8, Clause 11 of the Constitution of the United 
                                States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2002

  Mrs. Feinstein (for herself and Mr. Leahy) submitted the following 
 concurrent resolution; which was referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Expressing the sense of Congress that the United States should not use 
   force against Iraq, outside of the existing Rules of Engagement, 
without specific statutory authorization or a declaration of war under 
   Article I, Section 8, Clause 11 of the Constitution of the United 
                                States.

Whereas, in accordance with United Nations Security Council Resolution 687 
        (1991), Iraq--

    (1) agreed to destroy, remove, or render harmless all chemical and 
biological weapons and stocks of agents and all related subsystems and 
components and all research, development, support, and manufacturing 
facilities related thereto;

    (2) agreed to destroy, remove, or render harmless all ballistic 
missiles with a range greater than 150 kilometers, and related major parts 
and production facilities;

    (3) 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; and

    (4) agreed to permit immediate on-site inspection of Iraq's biological, 
chemical, and missile capabilities, and assist 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 ongoing 
monitoring and verification of Iraq's compliance;

Whereas the regime of Saddam Hussein consistently refused to comply with United 
        Nations Special Commission weapons inspectors in Iraq between 1991 and 
        1998 by denying them access to crucial sites and documents;
Whereas on October 31, 1998, Iraq banned the United Nations weapons inspectors 
        despite its agreement and obligation to comply with United Nations 
        Security Council Resolution 687 (1991);
Whereas Congress declared in Public Law 105-235 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, in his State of the Union Address on January 29, 2002, the President of 
        the United States stated that the ``Iraqi regime has plotted to develop 
        anthrax, and nerve gas, and nuclear weapons for over a decade'';
Whereas it is believed that Iraq continues in its efforts to develop weapons of 
        mass destruction, in violation of United Nations Security Council 
        Resolution 687 (1991) and subsequent resolutions, and that the regime of 
        Saddam Hussein has used weapons of mass destruction against its own 
        people;
Whereas the development of weapons of mass destruction by Iraq is a threat to 
        the United States, and its friends and allies in the Middle East;
Whereas Public Law 107-40 authorizes the President to use United States Armed 
        Forces against ``those nations, organizations or persons he determines 
        planned, authorized, committed, or aided the terrorist attacks that 
        occurred on September 11, 2001, or harbored such organizations or 
        persons in order to prevent any future acts on international terrorism 
        against the United States by such nations, organizations, or persons'';
Whereas no such evidence has been forthcoming linking Iraq to the September 11, 
        2001 attacks; and
Whereas Article I, Section 8, Clause 11 of the Constitution of the United States 
        confers upon Congress the sole power to declare war: Now, therefore, be 
        it
    Resolved by the Senate (the House of Representatives concurring), 
That (a) it is the sense of Congress 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 the 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 Resolution 707 of August 15, 
        1991, and United Nations Security Council Resolution 1284 of 
        December 17, 1999; and
            (3) the United States should not use force against Iraq 
        without specific statutory authorization or a declaration of 
        war under Article I, Section 8, Clause 11 of the Constitution 
        of the United States, except as provided in subsection (b).
    (b) Subsection (a)(3) does not apply to any use of force in 
compliance with the existing Rules of Engagement (ROE) used by 
coalition forces to exercise the right of self-defense or under the 
National Security Act of 1947.
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