[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[Senate]
[Pages 17280-17282]
[From the U.S. Government Publishing Office, www.gpo.gov]




   DRAFT JOINT RESOLUTION TO AUTHORIZE THE USE OF U.S. ARMED FORCES 
                              AGAINST IRAQ

  Mr. MURKOWSKI. Madam President, I am going to briefly turn to another 
matter, and that is the recognition that today OPEC announced they were 
not going to increase the production of oil from the OPEC nations. What 
does this mean? It simply means that as we look at going into a 
showdown with Iraq, the Mideast nations that control oil--basically 
OPEC--are not going to increase production. That means to the American 
consumer a continuation of high gasoline prices, high oil prices, 
perhaps well beyond $30 a barrel.
  We have seen the development of that cartel over a period of time. It 
initiated a program that said, in effect, if the price fell below $22 a 
barrel, they would reduce supply to stabilize the price. They wanted a 
price structure of $22 to $28. That puts a tremendous burden on the 
structure of our society and our economy.
  It is rather revealing to recognize that as we continue to address 
our situation with Iraq, we also continue to import oil from Iraq. I 
think currently we are importing about 600,000 barrels from Iraq each 
day.
  We have delivered from the White House to the Speaker, majority 
leader, minority leader, as well as the House minority leader, a 
transmittal, which is the consequences of discussions with the 
President, identifying a suggested form of resolution with respect to 
Iraq. I ask unanimous consent this be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


                                              The White House,

                                   Washington, September 19, 2002.
     Hon. J. Dennis Hastert,
     Speaker of the House of Representatives,
     Washington, DC.

     Hon. Thomas A. Daschle,
     Majority Leader, U.S. Senate,
     Washington, DC.

     Hon. Trent Lott,
     Minority Leader, U.S. Senate,
     Washington, DC.

     Hon. Richard A. Gephardt,
     Minority Leader, House of Representatives,
     Washington, DC.
       Dear Speaker Hastert, Leader Daschle, Leader Lott, and 
     Leader Gephardt, As a follow-up to your discussion yesterday 
     morning with the President, we enclose a suggested form of 
     resolution with respect to Iraq. We stand ready to meet with 
     you or your staffs to discuss our proposal.
       As the President indicated to you, it is our hope that we 
     can reach early agreement on the proposal at the leadership 
     level to allow you to proceed to consider the resolution in 
     your respective chambers as soon as possible.
           Sincerely,
     Nicholas E. Calio,
       Assistant to the President for Legislative Affairs.
     Alberto R. Gonzales,
       Counsel to the President.
                                  ____


  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;

[[Page 17281]]

       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.

  Mr. MURKOWSKI. This contains a number of ``whereas's.'' It is 
transmitted by the Assistant to the President for Legislative Affairs 
and the Counsel to the President. At the conclusion of the resolution 
that is going to be before this body is a joint resolution cited as 
``Further Resolution on Iraq.'' I will read the ``resolved'' portion:

       The President is authorized to use all means that he 
     determines to be appropriate, including force, in order to 
     enforce 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.

  We undoubtedly will be addressing this issue in the very near future. 
I encourage my colleagues to recognize the significance of what this 
obligation means to each and every Member of the Senate. We know Saddam 
Hussein is unpredictable. We know he is dangerous. We know he has 
weapons of mass destruction. We know he has used those weapons--
certainly chemical warfare--on his own people.
  I had an opportunity several years ago, with a small group of 
Senators, to visit Baghdad. Later we had an opportunity to meet with 
Saddam Hussein. His ruthlessness was apparent at that time.
  To reflect a little bit on that particular time, there was at issue 
an allegation that Iraq was importing a delivery capability consisting 
of a huge cannon-type device that had been intercepted in the docks of 
London. This was going to have the capability of delivering a 
projectile farther than any projectile had ever been delivered by 
conventional methods, as opposed to a missile-type system.
  There was allegedly a triggering device also found on the docks of 
London.
  When we confronted Saddam Hussein, he advised us these were parts for 
his refinery, these were technical developments by the Baghdad 
Institute of Technology. This was prior to the Persian Gulf war.
  My point is, he has been misleading, if you will, the Western World 
for an extended period of time and continues to do so. The announcement 
he made that he would welcome U.N. inspectors is a guise. He will not 
allow U.N. inspectors to have free rein in his country, and we will 
clearly see this as we continue the process of evaluating our position.
  But we have an opportunity now to fish or cut bait. We are going to 
have this resolution before us. I encourage each and every Member of 
the Senate to review it in detail and recognize the insecurity of our 
Nation's oil supply. Currently, we are importing somewhere close to 60 
percent of our oil, primarily from the Mideast. We have the capability 
of reducing that dependence here at home. It is an issue in my State. 
ANWR has been debated in this Chamber. It has been supported by the 
House but not the Senate.
  The technology that we have to develop this area is evident. To 
suggest we can do it safely is something that most people with an 
objective view would recognize clearly. The reserves are as much as we 
would import from Saddam Hussein in 40 years or from Saudi Arabia in 30 
years.
  This matter is in the conference. It is being discussed. It will be 
determined by the conference as to what the disposition will be. But I 
encourage Members to recognize that we have an opportunity to take a 
position that would affirmatively reduce our dependence on imported oil 
and send a very strong message to the Mideast that we intend to reduce 
that dependence.
  Recognize that we do have an alternative. I think in future times, as 
we address our continued vulnerability and dependence on the Mideast, 
we are going to have to assert ourselves to find some relief. That 
relief partially might be in the joining together of Canada, Mexico, 
the United States, Alaska, and Russia as an offset to our dependence on 
imported oil from the Mideast. While we do not have the depth of 
reserves, we have substantial reserves collectively. The idea of an 
energy group made up of those nations could clearly send a message to 
the Mideast that we will not be held hostage by policies of the cartel 
which are designated to simply maintain high prices for oil by 
continuing to keep the availability of oil at a minimum.
  As this matter comes before the Senate for further discussion and 
consideration, as well as the conference, I urge my colleagues to keep 
an open mind and recognize that, again, we are going to have to vote 
not on what is necessarily the litany of America's environmental 
community but what is right for America. To suggest we should not have 
these jobs in the United States as if we do not have the technical 
capability to open up this area safely is not fraught with any degree 
of accuracy but it is simply misleading arguments that environmental 
groups continue to use to generate revenue in dollars.
  I encourage each Member to recognize the obligation that we have. 
That obligation is do what is right for America. What is right for 
America is to produce more energy and and to produce clean energy here 
at home.
  One of the inconsistencies we have is that nobody seems to really 
care where they get the oil as long as they get it.

[[Page 17282]]

They do not concern themselves with whether it comes from a scorched 
Earth, lack of any environmental oversight a field in Iraq, or from 
fields in Saudi Arabia, or from the rain forests of Colombia. They only 
care if they get it.
  As I have said time and time again, the world will continue to depend 
on oil, because that is what the world moves on. We have no other 
alternative.
  Some people suggest we have alternatives, but hot air is not going to 
move us in an out of Washington, DC, although occassionally there is 
quite a bit of it here.
  I yield the floor. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Carper). Without objection, it is so 
ordered.

                          ____________________