IIA

107TH CONGRESS

2D SESSION H. J. RES. 114

IN THE SENATE OF THE UNITED STATES

OCTOBER 10, 2002

Received

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
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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 ceasefire, 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’’;
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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 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;
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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
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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 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 inter-
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national 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
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1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This joint resolution may be cited as the ‘‘Authoriza5 tion for Use of Military Force Against Iraq Resolution of

6 2002’’.

7 SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EF8 FORTS.

9 The Congress of the United States supports the ef10 forts by the President to—

11 (1) strictly enforce through the United Nations

12 Security Council all relevant Security Council resolu13 tions regarding Iraq and encourages him in those ef14 forts; and

15 (2) obtain prompt and decisive action by the

16 Security Council to ensure that Iraq abandons its

17 strategy of delay, evasion and noncompliance and

18 promptly and strictly complies with all relevant Se19 curity Council resolutions regarding Iraq.

20 SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES

21 ARMED FORCES.

22 (a) AUTHORIZATION.—The President is authorized to

23 use the Armed Forces of the United States as he deter24 mines to be necessary and appropriate in order to—
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1 (1) defend the national security of the United

2 States against the continuing threat posed by Iraq;

3 and

4 (2) enforce all relevant United Nations Security

5 Council resolutions regarding Iraq.

6 (b) PRESIDENTIAL DETERMINATION.—In connection

7 with the exercise of the authority granted in subsection

8 (a) to use force the President shall, prior to such exercise

9 or as soon thereafter as may be feasible, but no later than

10 48 hours after exercising such authority, make available

11 to the Speaker of the House of Representatives and the

12 President pro tempore of the Senate his determination

13 that—

14 (1) reliance by the United States on further

15 diplomatic or other peaceful means alone either (A)

16 will not adequately protect the national security of

17 the United States against the continuing threat

18 posed by Iraq or (B) is not likely to lead to enforce19 ment of all relevant United Nations Security Council

20 resolutions regarding Iraq; and

21 (2) acting pursuant to this joint resolution is

22 consistent with the United States and other coun23 tries continuing to take the necessary actions

24 against international terrorist and terrorist organi25 zations, including those nations, organizations, or
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1 persons who planned, authorized, committed or

2 aided the terrorist attacks that occurred on Sep3 tember 11, 2001.

4 (c) WAR POWERS RESOLUTION REQUIREMENTS.—

5 (1) SPECIFIC STATUTORY AUTHORIZATION.—

6 Consistent with section 8(a)(1) of the War Powers

7 Resolution, the Congress declares that this section is

8 intended to constitute specific statutory authoriza9 tion within the meaning of section 5(b) of the War

10 Powers Resolution.

11 (2) APPLICABILITY OF OTHER REQUIRE12 MENTS.—Nothing in this joint resolution supersedes

13 any requirement of the War Powers Resolution.

14 SEC. 4. REPORTS TO CONGRESS.

15 (a) REPORTS.—The President shall, at least once

16 every 60 days, submit to the Congress a report on matters

17 relevant to this joint resolution, including actions taken

18 pursuant to the exercise of authority granted in section

19 3 and the status of planning for efforts that are expected

20 to be required after such actions are completed, including

21 those actions described in section 7 of the Iraq Liberation

22 Act of 1998 (Public Law 105–338).

23 (b) SINGLE CONSOLIDATED REPORT.—To the extent

24 that the submission of any report described in subsection

25 (a) coincides with the submission of any other report on
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1 matters relevant to this joint resolution otherwise required

2 to be submitted to Congress pursuant to the reporting re3 quirements of the War Powers Resolution (Public Law

4 93–148), all such reports may be submitted as a single

5 consolidated report to the Congress.

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

7 the information required by section 3 of the Authorization

8 for Use of Military Force Against Iraq Resolution (Public

9 Law 102–1) is included in the report required by this sec10 tion, such report shall be considered as meeting the re11 quirements of section 3 of such resolution.

Passed the House of Representatives October 10,

2002.

Attest: JEFF TRANDAHL,

Clerk.