H. J. Res. 114

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the twenty-third day of January, two thousand and two

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 Public Law 105–235 (August 14, 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’’;

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 resolution of the United Nations

Security Council by continuing to engage in brutal repression

of its civilian population thereby threatening international peace
H. J. Res. 114—2

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 United States 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 (1990)

authorizes the use of all necessary means to enforce United

Nations Security Council Resolution 660 (1990) 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 (1991), repression of its civilian population in violation of United Nations

Security Council Resolution 688 (1991), and threatening its neighbors or United Nations operations in Iraq in violation of United

Nations Security Council Resolution 949 (1994);

Whereas in the Authorization for Use of Military Force Against

Iraq Resolution (Public Law 102–1), Congress 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 Resolution 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
H. J. Res. 114—3

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 of 1998 (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 interests 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

Use of Military Force Against Iraq Resolution of 2002’’.
H. J. Res. 114—4

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 regarding 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 regarding Iraq.

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 thereafter

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 joint resolution is consistent

with the United States and other countries continuing to take

the necessary actions against international terrorist and terrorist organizations, including those nations, organizations, or

persons who planned, authorized, committed or aided the terrorist 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 joint resolution supersedes any requirement of the War

Powers Resolution.

SEC. 4. REPORTS TO CONGRESS.

(a) REPORTS.—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 3 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 the Iraq Liberation

Act of 1998 (Public Law 105–338).
H. J. Res. 114—5

(b) SINGLE CONSOLIDATED REPORT.—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 the War Powers Resolution (Public Law 93–148), all such reports may be submitted as

a single consolidated report to the Congress.

(c) RULE OF CONSTRUCTION.—To the extent that the information

required by section 3 of the Authorization for Use of Military

Force Against Iraq Resolution (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 such resolution.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.