[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 45 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
S. J. RES. 45

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2002

 Mr. Daschle (for himself and Mr. Lott) introduced the following joint 
               resolution; which was read the first time

_______________________________________________________________________

                            JOINT RESOLUTION


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

Whereas Congress in 1998 concluded that Iraq was then in material and 
        unacceptable breach of its international obligations and thereby 
        threatened the vital interests of the United States and international 
        peace and security, stated the reasons for that conclusion, and urged 
        the President to take appropriate action to bring Iraq into compliance 
        with its international obligations (Public Law 105-235);
Whereas Iraq 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, thereby continuing to threaten the national security 
        interests of the United States and international peace and security;
Whereas Iraq persists in violating resolutions of the United Nations Security 
        Council by continuing to engage in brutal repression of its civilian 
        population, including the Kurdish peoples, thereby threatening 
        international peace and security in the region, by refusing to release, 
        repatriate, or account for non-Iraqi citizens wrongfully detained by 
        Iraq, 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 that Iraq will transfer weapons of mass 
        destruction to international terrorist organizations;
Whereas the United States has the inherent right, as acknowledged in the United 
        Nations Charter, to use force in order to defend itself;
Whereas Iraq's demonstrated capability and willingness to use weapons of mass 
        destruction, the high 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 the use of force by the United States in order to defend itself;
Whereas Iraq is in material breach of its disarmament and other obligations 
        under United Nations Security Council Resolution 687, to cease 
        repression of its civilian population that threatens international peace 
        and security under United Nations Security Council Resolution 688, and 
        to cease threatening its neighbors or United Nations operations in Iraq 
        under United Nations Security Council Resolution 949, and United Nations 
        Security Council Resolution 678 authorizes use of all necessary means to 
        compel Iraq to comply with these ``subsequent relevant resolutions'';
Whereas Congress in the Authorization for Use of Military Force Against Iraq 
        Resolution (Public Law 102-1) has authorized the President to use the 
        Armed Forces of the United States to achieve full implementation of 
        Security Council Resolutions 660, 661, 662, 664, 665, 666, 667, 669, 
        670, 674, and 677, pursuant to Security Council Resolution 678;
Whereas Congress in section 1095 of Public Law 102-190 has stated that it 
        ``supports the use of all necessary means to achieve the goals of 
        Security Council Resolution 687 as being consistent with the 
        Authorization for Use of Military Force Against Iraq (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 Resolution 688'';
Whereas Congress in the Iraq Liberation Act (Public Law 105-338) has expressed 
        its sense 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 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 the President has authority under the Constitution to use force in order 
        to defend the national security interests of 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 ``Further Resolution on 
Iraq''.

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

    The President is authorized to use all means that he determines to 
be appropriate, including force, in order to enforce the United Nations 
Security Council Resolutions referenced above, defend the national 
security interests of the United States against the threat posed by 
Iraq, and restore international peace and security in the region.
                                 <all>