[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 28 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
S. RES. 28

  Expressing the sense of the Senate that the United Nations weapons 
inspectors should be given sufficient time for a thorough assessment of 
 the level of compliance by the Government of Iraq with United Nations 
  Security Council Resolution 1441 (2002) and that the United States 
 should seek a United Nations Security Council resolution specifically 
 authorizing the use of force before initiating any offensive military 
                        operations against Iraq.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2003

 Mr. Byrd (for himself, Mr. Kennedy, Mr. Bingaman, Mrs. Feinstein, Mr. 
     Inouye, Mr. Sarbanes, and Mrs. Boxer) submitted the following 
  resolution; which was referred to the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the Senate that the United Nations weapons 
inspectors should be given sufficient time for a thorough assessment of 
 the level of compliance by the Government of Iraq with United Nations 
  Security Council Resolution 1441 (2002) and that the United States 
 should seek a United Nations Security Council resolution specifically 
 authorizing the use of force before initiating any offensive military 
                        operations against Iraq.

Whereas on November 8, 2002, the United Nations Security Council adopted 
        Resolution 1441, stating that Iraq is in ``material breach'' of its 
        obligations under previous United Nations resolutions, and giving Iraq 
        ``a final opportunity to comply with its disarmament obligations'' and 
        to accept ``an enhanced inspection regime'';
Whereas Iraq formally accepted the return of weapons inspectors under the terms 
        of United Nations Security Council Resolution 1441 on November 13, 2002, 
        and according to a joint statement issued January 20, 2003, by the 
        International Atomic Energy Agency (IAEA), the United Nations Monitoring 
        and Verification Commission (UNMOVIC), and Iraq, the Government of Iraq 
        has provided the weapons inspectors with access to all sites;
Whereas on December 7, 2002, Iraq provided a 12,000-page declaration of past 
        chemical, biological, and nuclear programs to the Security Council, 
        which declaration, after preliminary review, was described by Mohamed 
        ElBaradei, the Director General of the IAEA, as incomplete and 
        inconclusive, but which produced no ``smoking gun'';
Whereas, according to the joint statement made by UNMOVIC, IAEA, and Iraq on 
        January 20, 2003, Iraq pledged to offer United Nations inspectors more 
        help in their search for evidence of weapons of mass destruction and 
        expressed a readiness to respond to questions raised in connection with 
        the December 7, 2002 declaration;
Whereas Hans Blix, Executive Chairman of UNMOVIC, reported to the United Nations 
        Security Council on January 27, 2003, that Iraq has been cooperating 
        with the weapons inspectors on process but has failed to demonstrate 
        active cooperation on matters of substance;
Whereas Dr. Blix earlier characterized the January 27, 2003, report to the 
        Security Council as an interim update intended to mark ``the beginning 
        of the inspection and monitoring process, not the end of it'';
Whereas IAEA Director General ElBaradei reported to the Security Council on 
        January 27, 2003, that his agency has found no evidence that Iraq has 
        revived its nuclear weapons program;
Whereas Dr. ElBaradei urged the Security Council on January 27, 2003, to allow 
        the inspection process to ``run its natural course'' over the next few 
        months;
Whereas the United Nations weapons inspectors have failed to obtain evidence 
        that would prove that Iraq is in material breach of the terms of the 
        United Nations Security Council Resolution 1441 (2002);
Whereas European and Arab officials are reportedly trying to persuade Saddam 
        Hussein to leave Iraq voluntarily, and senior officials in the executive 
        branch of the United States Government have said that they would welcome 
        exile for Hussein;
Whereas the emergence of a nuclear crisis in North Korea, and the contradictory 
        responses by the United States to the situations in North Korea and 
        Iraq, have cast doubts on the consistency and propriety of the United 
        States doctrine of preemption, especially in the international 
        community;
Whereas war with Iraq to enforce United Nations Security Council Resolution 1441 
        (2002) should not be a unilateral decision as it is likely to have 
        international ramifications on the worldwide supply of oil, including 
        the possibility of widespread economic destabilization if Middle East 
        oil supplies are interrupted;
Whereas key members of the United Nations Security Council, including Great 
        Britain, Germany, the Russian Federation, France, and China, have 
        expressed their belief that the weapons inspectors need more time to 
        continue their work and have urged the United States not to rush to a 
        decision to invade Iraq without seeking the support of the Security 
        Council;
Whereas United Nations Security Resolution 1441 (2002) does not authorize the 
        use of force but instead stipulates that the Security Council will 
        convene immediately to consider any failure on the part of Iraq to 
        comply with the Resolution;
Whereas the President, in his September 12, 2002, address to the United Nations 
        regarding Iraq's failure to comply with previous United Nations Security 
        Council resolutions, pledged to work with the Security Council for the 
        ``necessary resolutions'' and has stated repeatedly since that time that 
        he has made no decision on whether to invade Iraq:
Whereas no evidence has been presented to the Senate or the American people to 
        link Iraq with the September 11, 2001, terrorist attacks on the United 
        States;
Whereas there is growing concern that war with Iraq would greatly heighten the 
        threat of terrorist attacks on United States citizens at home, including 
        the possibility of chemical, biological, or nuclear weapon attacks;
Whereas the terrible cost of war--in lives lost in Iraq and potentially the 
        United States, Israel, and other nations in the Middle East and 
        elsewhere, and in the massive drain on America's treasure--is a cost 
        that the United States and its allies should strive to avoid if at all 
        possible; and
Whereas a United States-initiated war with Iraq is likely to inflame passions in 
        the Middle East and could precipitate further conflict between the 
        Israelis and Palestinians as well as a surge in regional terrorism: Now, 
        therefore, be it
    Resolved, That it is the sense of the Senate that--
            (1) the United Nations weapons inspectors should be given 
        sufficient time to carry out the inspections, and collect the 
        data, that are necessary for a thorough assessment of the level 
        of compliance by the Government of Iraq with United Nations 
        Security Council Resolution 1441 (2002);
            (2) the United States and other member nations of the 
        United Nations Security Council should work together to exhaust 
        all peaceful and diplomatic means for disarming Iraq before 
        launching an invasion of Iraq;
            (3) international emissaries, including European and Arab 
        leaders, should be given adequate time to pursue strategies to 
        persuade Saddam Hussein to leave Iraq voluntarily and avert 
        war;
            (4) before initiating any offensive military operation in 
        Iraq to enforce United Nations Security Council Resolution 1441 
        (2002), the United States should seek a specific authorization 
        for the use of force from the United Nations Security Council;
            (5) the United States should re-engage in the Middle East 
        peace process in an effort to end the violence between the 
        State of Israel and the Palestinians; and
            (6) the United States should redouble its efforts to secure 
        the United States homeland in light of the growing number of 
        intelligence assessments highlighting the vulverability of the 
        United States for further terrorist attacks.
                                 <all>