[House Report 107-724]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-724
======================================================================
PROVIDING FOR CONSIDERATION OF HOUSE JOINT RESOLUTION 114,
AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002
_______
October 7, 2002.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Dreier, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 574]
The Committee on Rules, having had under consideration
House Resolution 574, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of House Joint
Resolution 114, Authorization for Use of Military Force Against
Iraq Resolution of 2002, under a structured rule. The rule
provides for seventeen hours of debate in the House equally
divided and controlled by the chairman and ranking minority
member of the Committee on International Relations.
The rule provides that it shall be in order for the
Majority Leader or his designee, after consultation with the
Minority Leader, to move to extend debate on the joint
resolution and that such motion shall not be subject to debate
or amendment. The rule waives all points of order against
consideration of the joint resolution.
The rule provides that the amendment to the preamble and
the amendment to the text recommended by the Committee on
International Relations now printed in the joint resolution
shall be considered as adopted. The rule makes in order only
those amendments printed in this report.
The rule provides that each amendment may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read
and shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent. The rule waives all points of order against such
amendments.
The rule provides for one final hour of debate on the joint
resolution, as amended, equally divided and controlled by the
chairman and ranking minority member of the Committee on
International Relations after the consideration of the
amendments.
The rule provides one motion to recommit with or without
instructions.
Finally, the rule provides that during consideration of
House Joint Resolution 114, the Chair may postpone further
consideration of the joint resolution to a time designated by
the Speaker, either on the same legislative day or on the next
legislative day.
The waiver of all points of order against consideration of
the joint resolution includes a waiver of clause 4(a) of rule
XIII (requiring a three-day layover of the committee report)
because the report was not filed until Monday, October 7, 2002
and the bill could be considered as early as Tuesday, October
8, 2002.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. Lee: Amendment in the Nature of a Substitute. Urges the
U.S. to re-engage the diplomatic process and stresses the U.S.
government's commitment to the U.N. inspections process. (1
hour)
2. Spratt/Moran (VA)/Allen/Snyder/Price/Larson/Levin/
Matsui/Clyburn: Amendment in the Nature of a Substitute.
Authorizes the use of U.S. armed forces to support any new U.N.
Security Council resolution that mandates the elimination, by
force if necessary, of all Iraqi weapons of mass destruction,
long-range ballistic missiles, and the means of producing such
weapons and missiles. Requests that the President should seek
authorization from Congress to use the armed forces of the U.S.
in the absence of a U.N. Security Council resolution sufficient
to eliminate by force if necessary, all Iraqi weapons of mass
destruction, long-range ballistic missiles, and the means of
producing such weapons and missiles. Provides expedited
consideration for authorization in the latter case. (1 hour)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Lee of California, or
Her Designee, Debatable for 60 Minutes
Strike the preamble and insert in lieu thereof the matter
preceding the resolved clause, below, and strike the text and
insert in lieu thereof the matter following the resolved
clause, below:
Whereas on April 6, 1991, during the Persian Gulf War, Iraq accepted the
provisions of United Nations Security Council Resolution 687 (April 3,
1991) bringing a formal cease-fire into effect;
Whereas, in accordance with Security Council Resolution 687, Iraq
unconditionally accepted the destruction, removal, or rendering harmless of
``all chemical and biological weapons and all stocks of agents and all
related subsystems and components and all research, development, support
and manufacturing facilities related thereto'', and ``all ballistic
missiles with a range greater than one hundred and fifty kilometers, and
related major parts and repair and production facilities'';
Whereas, in accordance with Security Council Resolution 687, Iraq
unconditionally agreed not to acquire or develop any nuclear weapons,
nuclear-weapons-usable material, nuclear-related subsystems or components,
or nuclear-related research, development, support, or manufacturing
facilities;
Whereas Security Council Resolution 687 calls for the creation of a United
Nations special commission to ``carry out immediate on-site inspection of
Iraq's biological, chemical, and missile capabilities'' and to assist and
cooperate with the International Atomic Energy Agency in carrying out the
``destruction, removal or rendering harmless'' of all nuclear-related items
and in developing a plan for the ongoing monitoring and verification of
Iraq's compliance;
Whereas United Nations weapons inspectors (UNSCOM) between 1991 and 1998
successfully uncovered and destroyed large stockpiles of chemical and
biological weapons and production facilities, nuclear weapons research and
development facilities, and Scud missiles, despite the fact that the
Government of Iraq sought to obstruct their work in numerous ways;
Whereas in 1998, UNSCOM weapons inspectors were withdrawn from Iraq and
have not returned since;
Whereas Iraq is not in compliance with United Nations Security Council
Resolution 687, United Nations Security Council Resolution 1154, and
additional United Nations resolutions on inspections, and this
noncompliance violates international law and Iraq's ceasefire obligations
and potentially endangers United States and regional security interests;
Whereas the true extent of Iraq's continued development of weapons of mass
destruction and the threat posed by such development to the United States
and allies in the region are unknown and cannot be known without
inspections;
Whereas the United Nations was established for the purpose of preventing
war and resolving disputes between nations through peaceful means,
including ``by negotiation, enquiry, mediation, conciliation, arbitration,
judicial settlement, resort to regional arrangements, or other peaceful
means'';
Whereas the United Nations remains seized of this matter;
Whereas the President has called upon the United Nations to take
responsibility to assure that Iraq fulfills its obligations to the United
Nations under existing United Nations Security Council resolutions;
Whereas war with Iraq would place the lives of tens of thousands of people
at risk, including members of the United States armed forces, Iraqi
civilian non-combatants, and civilian populations in neighboring countries;
Whereas unilateral United States military action against Iraq may undermine
cooperative international efforts to reduce international terrorism and to
bring to justice those responsible for the attacks of September 11, 2001;
Whereas unilateral United States military action against Iraq may also
undermine United States diplomatic relations with countries throughout the
Arab and Muslim world and with many other allies;
Whereas a preemptive unilateral United States first strike could both set a
dangerous international precedent and significantly weaken the United
Nations as an institution; and
Whereas the short-term and long-term costs of unilateral United States
military action against Iraq and subsequent occupation may be significant
in terms of United States casualties, the cost to the United States
treasury, and harm to United States diplomatic relations with other
countries: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the United
States should work through the United Nations to seek to
resolve the matter of ensuring that Iraq is not developing
weapons of mass destruction, through mechanisms such as the
resumption of weapons inspections, negotiation, enquiry,
mediation, regional arrangements, and other peaceful means.
2. An Amendment To Be Offered by Representative Spratt of South
Carolina, or His Designee, Debatable for 60 Minutes
Strike the preamble and insert in lieu thereof the matter
preceding the resolved clause, below, and strike the text and
insert in lieu thereof the matter following the resolved
clause, below:
Whereas the Government of Iraq, without cause or provocation, invaded and
occupied the country of Kuwait on August 2, 1990;
Whereas, in reaction to Iraq's aggression against Kuwait, President George
H. W. Bush assembled a coalition of nations to liberate Kuwait and to
enforce a series of United Nations Security Council resolutions adopted in
opposition to Iraq's invasion of Kuwait;
Whereas the United Nations Security Council passed Resolution 660,
condemning the invasion of Kuwait and demanding Iraq's immediate
withdrawal, and thereafter passed Resolutions 661, 662, 664, 665, 666, 667,
670, 674, and 677, further demanding that Iraq withdraw from Kuwait;
Whereas the Government of Iraq defied the United Nations, flouting and
violating each of these resolutions;
Whereas Iraq's defiance resulted in the adoption of United Nations Security
Council Resolution 678 which authorized the use of all means necessary to
repel Iraq from Kuwait and to compel its compliance with the above-
referenced resolutions;
Whereas allied forces, led by the United States, attacked Iraqi forces on
January 16, 1991, and drove them out of Kuwait;
Whereas, after the liberation of Kuwait in 1991, Iraq entered into a cease-
fire agreement sponsored by the United Nations, pursuant to which Iraq
agreed--
(1) to destroy, remove, or render harmless all
chemical and biological weapons and stocks of agents
and all related subsystems and components and all
research, development, support, and manufacturing
facilities related thereto;
(2) to destroy, remove, or render harmless all
ballistic missiles with a range greater than 150
kilometers, and related major parts and production
facilities;
(3) not to acquire or develop any nuclear weapons,
nuclear-weapons-usable material, nuclear-related
subsystems or components, or nuclear-related research,
development, support, or manufacturing facilities; and
(4) to permit immediate on-site inspection of Iraq's
biological, chemical, and missile capabilities, and
assist the International Atomic Energy Agency in
carrying out the destruction, removal, or rendering
harmless of all nuclear-related items and in developing
a plan for ongoing monitoring and verification of
Iraq's compliance;
Whereas, in flagrant violation of the cease-fire agreement, Iraq sought to
thwart the efforts of arms inspectors to uncover and destroy Iraq's
stockpiles of weapons of mass destruction and long-range ballistic
missiles, and the means of producing such weapons and missiles;
Whereas, because of Iraq's demonstrated will to attack neighboring
countries and arm itself with weapons of mass destruction, the United
Nations Security Council passed Resolutions 687, 707, 715, 1051, 1060,
1115, 1134, 1137, 1154, 1194, and 1205, demanding that Iraq destroy all
weapons of mass destruction, cease further development of chemical,
biological, and nuclear weapons, stop the acquisition of ballistic missiles
with a range exceeding 150 kilometers, and end its support of terrorism;
Whereas Iraq has continued to defy resolutions of the United Nations
Security Council and to develop weapons of mass destruction, has not
stopped its support of terrorism, has refused to cooperate with arms
inspectors of the United Nations, and since December 1998 has barred and
denied all such inspectors any access to Iraq;
Whereas Iraq has materially breached its international obligations by
retaining and continuing to develop chemical and biological weapons, by
actively seeking a nuclear weapons capability and ballistic missiles with
ranges exceeding 150 kilometers, and by supporting international terrorism;
Whereas the attacks of September 11, 2001, underscores the extent of the
threat posed by international terrorist organizations, and makes clear the
gravity of the threat if they obtain access to weapons of mass destruction;
Whereas the House of Representatives (in H. J. Res. 658 of the 101st
Congress and H. Res. 322 in the 105th Congress) and the Senate (in S. Con.
Res. 147 of the 101st Congress and S. J. Res. 54 in the 105th Congress)
have declared support for international action to halt Iraq's defiance of
the United Nations;
Whereas in the National Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190), Congress called upon ``the President [to]
consult closely with the partners of the United States in the Desert Storm
coalition and with the members of the United Nations Security Council in
order to present a united front of opposition to Iraq's continuing
noncompliance with Security Council Resolution 687'';
Whereas in H. Res. 322 of the 105th Congress, the House of Representatives
affirmed that the ``current crisis regarding Iraq should be resolved
peacefully through diplomatic means, but in a manner which assures full
compliance by Iraq with United Nations Security Council resolutions
regarding the destruction of Iraq's capability to produce and deliver
weapons of mass destruction'';
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 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''; and
Whereas Congress supports the efforts by the President to enforce through
the Security Council the United Nations Security Council resolutions
referenced above: 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 ``Elimination of
Weapons of Mass Destruction from Iraq Resolution''.
SEC. 2. SENSE OF THE CONGRESS.
It is the sense of Congress that--
(1) the President should be commended for calling
upon the United Nations to address the threat to
international peace and security posed by Iraq's
refusal to meet its disarmament obligations under
United Nations Security Council resolutions;
(2) the President should persist in his efforts to
obtain approval of the Security Council for any actions
taken against Iraq; and
(3) the President should continue to seek, and the
Security Council should approve, a resolution that--
(A) demands full and unconditional compliance
by the Government of Iraq with all disarmament
requirements imposed by United Nations Security
Council Resolutions 687, 707, 715, 1051, 1060,
1115, 1134, 1154, 1194, and 1205;
(B) mandates the immediate return to Iraq of
United Nations arms inspection teams, empowered
with increased staff and resources and
unconditional access to all sites they deem
necessary to uncover and destroy weapons of
mass destruction and ballistic missiles with
ranges exceeding 150 kilometers, and the means
of producing such weapons and missiles, without
regard to any objections or conditions that
Iraq may seek to impose; and
(C) authorizes, if the President deems
advisable, a military force, formed under the
auspices of the United Nations Security Council
but commanded by the United States, to protect
and support arms inspectors and make force
available in the event that Iraq impedes,
resists, or in any way interferes with such
inspection teams;
(4) if the United Nations Security Council fails to
pass a resolution that satisfies the conditions of
paragraph (3), and if the President determines that use
of the United States Armed Forces is necessary to
compel Iraq to comply with all such disarmament
requirements, the President should seek authorization
from Congress to use military force to compel such
compliance by invoking the expedited procedures set
forth in section 5;
(5) if the United States must resort to force, the
President should endeavor to form a coalition of allies
as broadly based as practicable to support and
participate with United States Armed Forces, and should
also seek multilateral cooperation and assistance,
specifically including Arab and Islamic countries, in
the post-conflict reconstruction of Iraq; and
(6) if the United States resorts to force, Congress
will provide all possible support to the members of the
United States Armed Forces and their families.
SEC. 3. AUTHORIZATION TO USE FORCE IN ACCORDANCE WITH NEW UNITED
NATIONS SECURITY COUNCIL RESOLUTIONS.
The President is authorized to use United States Armed Forces
pursuant to any resolution of the United Nations Security
Council adopted after September 12, 2002, that provides for the
elimination of Iraq's weapons of mass destruction and ballistic
missiles with ranges exceeding 150 kilometers, and the means of
producing such weapons and missiles. Nothing in the preceding
sentence shall be construed to prevent or otherwise limit the
authority of the Armed Forces to use all appropriate force for
self defense and enforcement purposes.
SEC. 4. PRESIDENTIAL CERTIFICATIONS.
In the event that the United Nations Security Council does
not adopt a resolution as described in section 3, or in the
event that such a resolution is adopted but does not sanction
the use of force sufficient to compel Iraq's compliance, and if
the President determines that use of the United States Armed
Forces is necessary for such compliance, the President should
seek authorization from Congress to use military force to
compel such compliance by invoking the expedited procedures set
forth in section 5 after the President submits to the Speaker
of the House of Representatives and the President pro tempore
of the Senate a certification that--
(1)(A) the United States has sought passage by the
United Nations Security Council of a resolution
described in section 3, and the Security Council has
failed to pass such a resolution, and no other action
taken by the United Nations Security Council has been
sufficient to compel Iraq to comply with the Security
Council resolutions referred to in section 2; or
(B) the United Nations Security Council has passed a
resolution that does not sanction the use of force
sufficient to compel compliance, and--
(i) the United Nations Security Council is
unlikely to take further action that will
result in Iraq's compliance with such
resolution; and
(ii) the use of military force against Iraq
is necessary to compel compliance;
(2) the use of military force against Iraq will not
impair international cooperation in the fight against
terrorism or participation in United States military
actions undertaken pursuant to Public Law 107-40; and
(3) the United States is in the process of
establishing, or has established, a coalition of other
countries as broadly based as practicable to support
and participate with the United States in whatever
action is taken against Iraq.
SEC. 5. EXPEDITED CONGRESSIONAL CONSIDERATION OF JOINT RESOLUTION
AUTHORIZING USE OF FORCE.
(a) Qualifying Resolution.--(1) This section applies with
respect to a joint resolution of the Senate or House of
Representatives--
(A) that is a qualifying resolution as described in
paragraph (2); and
(B) that is introduced (by request) by a qualifying
Member not later than the next legislative day after
the date of receipt by the Speaker of the House of
Representatives and the President pro tempore of the
Senate of a certification by the President under
section 4.
(2) For purposes of this section, a qualifying resolution is
a joint resolution--
(A) that does not have a preamble;
(B) the title of which is the following: ``Joint
resolution authorizing the President to use all
necessary means, including the Armed Forces of the
United States, to compel the Government of Iraq to
comply with certain United Nations Security Council
resolutions.'' and
(C) the text of which is as follows: ``The President
is authorized to use all necessary and appropriate
means, including the Armed Forces of the United States,
to compel the Government of Iraq to comply with the
disarmament provisions in the United Nations Security
Council Resolutions 687, 707, 715, 1051, 1060, 1115,
1134, 1154, 1194, and 1205 and with any other
resolution of the United Nations Security Council
adopted after September 12, 2002, that requires the
elimination of Iraq's weapons of mass destruction and
ballistic missiles with ranges exceeding 150
kilometers, and the means of producing such weapons and
missiles.''.
(3) For purposes of this subsection, a qualifying Member is--
(A) in the case of the House of Representatives, the
majority leader or minority leader of the House of
Representatives; and
(B) in the case of the Senate, the majority leader or
minority leader of the Senate.
(b) Placement on Calendar.--Upon introduction in either House
of a resolution described in subsection (a), the resolution
shall be placed on the appropriate calendar of the House
involved.
(c) Consideration in the House of Representatives.--(1) A
resolution described in subsection (a) shall be considered in
the House of Representatives in accordance with the provisions
of this subsection.
(2) On or after the first legislative day after the day on
which such a resolution is introduced, it is in order (even
though a previous motion to the same effect has been disagreed
to) for any Member of the House of Representatives to move to
proceed to the consideration of the resolution. All points of
order against the resolution (and against consideration of the
resolution) are waived. Such a motion is privileged and is not
debatable. An amendment to the motion is not in order. It shall
not be in order to move to postpone the motion or to proceed to
the consideration of other business. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the consideration of the
resolution is agreed to, the House of Representatives shall
immediately proceed to consideration of the resolution without
intervening motion, and the resolution shall remain the
unfinished business of the House of Representatives until
disposed of.
(3) Debate on the resolution shall be limited to not more
than a total of 20 hours, which shall be divided equally
between the majority leader and the minority leader or their
designees. A motion to further limit debate is not debatable.
An amendment to, or motion to recommit, the resolution is not
in order.
(6) Immediately following the conclusion of the debate on the
resolution, the vote on final passage of the resolution shall
occur.
(7) A motion to reconsider the vote by which the resolution
is agreed to or disagreed to is not in order.
(d) Consideration in Senate.--(1) A resolution described in
subsection (a) shall be considered in the Senate in accordance
with the provisions of this subsection.
(2) On or after the first legislative day after the day on
which such a resolution is introduced, such a resolution, it is
in order (even though a previous motion to the same effect has
been disagreed to) for any Member of the Senate to move to
proceed to the consideration of the resolution. All points of
order against the resolution (and against consideration of the
resolution) are waived. The motion is privileged and is not
debatable. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the consideration of the
resolution is agreed to, the Senate shall immediately proceed
to consideration of the resolution without intervening motion,
order, or other business, and the resolution shall remain the
unfinished business of the Senate until disposed of.
(3) Debate on the resolution, and on all debatable motions
and appeals in connection therewith, shall be limited to not
more than a total of 20 hours, which shall be divided equally
between the majority leader and the minority leader or their
designees. A motion to further limit debate is not debatable.
An amendment to, or motion to recommit, the resolution is not
in order.
(6) Immediately following the conclusion of the debate on a
resolution and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the Senate,
the vote on final passage of the resolution shall occur.
(7) A motion to reconsider the vote by which the resolution
is agreed to or disagreed to is not in order.
(8) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure
relating to a resolution described in subsection (a) shall be
decided without debate.
(e) Action on Measure From Other House.--(1) If, before the
passage by one House of a resolution of that House described in
subsection (a), that House receives from the other House a
resolution described in subsection (a), then the following
procedures shall apply:
(A) The resolution of the other House shall not be
referred to a committee and may not be considered in
the House receiving it except as provided in
subparagraph (B)(ii).
(B) With respect to a resolution described in
subsection (a) of the House receiving the resolution--
(i) the procedure in that House shall be the
same as if no resolution had been received from
the other House; but
(ii) the vote on final passage shall be on
the resolution of the other House.
(2) Upon disposition pursuant to paragraph (1)(B)(ii) of a
resolution described in subsection (a) that is received by one
House from the other House, it shall no longer be in order to
consider such a resolution that was introduced in the receiving
House.
(f) Legislative Day Defined.--For the purposes of this
section, with respect to either House of Congress, a
legislative day is a calendar day on which that House is in
session.
(g) Section Enacted as Exercise of Rulemaking Power of the
Two Houses.--The provisions of this section (other than
subsection (h)) are enacted by the Congress--
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and, as such, shall be considered as part of the rules
of either House and shall supersede other rules only to
the extent they are inconsistent therewith; and
(2) with full recognition of the constitutional right
of either House to change the rules (so far as they
relate to the procedures of that House) at any time, in
the same manner, and to the same extent as in the case
of any other rule of that House.
(h) Presidential Recall of Congress.--In the event that
Congress is not in session upon submission of a Presidential
certification under section 4, the President is authorized to
convene a special session of the Congress to allow
consideration of a joint resolution under this section.
SEC. 6. WAR POWERS RESOLUTION REQUIREMENTS.
(a) Specific Statutory Authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution, the Congress
declares that--
(1) section 3 of this joint resolution is intended to
constitute specific authorization within the meaning of
section 5(b) of the War Powers Resolution; and
(2) if a joint resolution described in section
5(a)(2) is enacted into law, such resolution is
intended to constitute specific authorization within
the meaning of section 5(b) of the War Powers
Resolution.
(b) Applicability of Other Requirements.--Nothing in this
resolution supersedes any requirement of the War Powers
Resolution.
SEC. 7. REPORTS TO CONGRESS.
At least once every 60 days, the President shall transmit to
Congress a report on matters relevant to this joint resolution.
The President shall include in such report an estimate of
expenditures by the United States and allied nations to compel
Iraq's compliance with the above referenced United Nations
Security Council resolutions and any reconstruction efforts in
Iraq, including those actions described in section 7 of the
Iraq Liberation Act of 1998 (Public Law 105-338; 22 U.S.C. 2151
note).
SEC. 8. INHERENT RIGHT TO SELF-DEFENSE.
Nothing in this joint resolution is intended to derogate or
otherwise limit the authority of the President to use military
force in self-defense pursuant to the Constitution of the
United States and the War Powers Resolution.