[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 46 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
S. J. RES. 46

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 2, 2002

   Mr. Lieberman (for himself, Mr. Warner, Mr. Bayh, Mr. McCain, Mr. 
McConnell, Mr. Domenici, Mr. Hutchinson, Ms. Landrieu, Mr. Allard, Mr. 
Helms, and Mr. Miller) 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 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 of 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 all relevant 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 there after as may be 
feasible, but not 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 2 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 this 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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