Source:
Proposed
House resolution on Iraq, MSNBC Online, October 2, 2002, additional
links by MILNET.
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
for 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,
SEC. 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
(a) strictly enforce through the
United Nations Security Council all relevant Security Council resolutions
applicable to Iraq and encourages him in those efforts; and
(b) 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 no
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 the 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.