[Congressional Record Volume 148, Number 127 (Wednesday, October 2, 2002)]
[Senate]
[Pages S9855-S9856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S.J. Res. 46. A joint resolution to authorize the use of United 
States Armed Forces against Iraq; read the first time.

                              S.J. Res. 46

       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--

[[Page S9856]]

       (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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