IB 

Union Calendar No. 451

107TH CONGRESS 

2D SESSION H. J. RES. 114

[Report No. 107–721] 

To authorize the use of United States Armed Forces against Iraq. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 2, 2002

Mr. HASTERT (for himself and Mr. GEPHARDT) introduced the following joint 

resolution; which was referred to the Committee on International Relations 

OCTOBER 7, 2002

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the resolving clause and insert the part printed in italic] 

[Strike out the preamble and insert the part printed in italic] 

[For text and preamble of introduced joint resolution, see copy of joint resolution as introduced 

on October 2, 2002] 

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 
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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’’; 
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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 has 
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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 international 

terrorist groups combined with its development of weapons 
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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 efforts 

10 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 Se16 curity Council to ensure that Iraq abandons its strat17 egy of delay, evasion and noncompliance and prompt18 ly and strictly complies with all relevant Security 

19 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 determines 

24 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 (a) 

8 to use force the President shall, prior to such exercise or 

9 as soon thereafter as may be feasible, but no later than 48 

10 hours after exercising such authority, make available to the 

11 Speaker of the House of Representatives and the President 

12 pro tempore of the Senate his determination that—

13 (1) reliance by the United States on further dip14 lomatic or other peaceful means alone either (A) will 

15 not adequately protect the national security of the 

16 United States against the continuing threat posed by 

17 Iraq or (B) is not likely to lead to enforcement of all 

18 relevant United Nations Security Council resolutions 

19 regarding Iraq; and 

20 (2) acting pursuant to this joint resolution is 

21 consistent with the United States and other countries 

22 continuing to take the necessary actions against inter23 national terrorist and terrorist organizations, includ24 ing those nations, organizations, or persons who 
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1 planned, authorized, committed or aided the terrorist 

2 attacks that occurred on September 11, 2001. 

3 (c) WAR POWERS RESOLUTION REQUIREMENTS.—

4 (1) SPECIFIC STATUTORY AUTHORIZATION.—

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

6 Resolution, the Congress declares that this section is 

7 intended to constitute specific statutory authorization 

8 within the meaning of section 5(b) of the War Powers 

9 Resolution. 

10 (2) APPLICABILITY OF OTHER REQUIREMENTS.—

11 Nothing in this joint resolution supersedes any re12 quirement of the War Powers Resolution. 

13 SEC. 4. REPORTS TO CONGRESS. 

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

15 60 days, submit to the Congress a report on matters relevant 

16 to this joint resolution, including actions taken pursuant 

17 to the exercise of authority granted in section 3 and the 

18 status of planning for efforts that are expected to be required 

19 after such actions are completed, including those actions de20 scribed in section 7 of the Iraq Liberation Act of 1998 (Pub21 lic Law 105–338). 

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

23 that the submission of any report described in subsection 

24 (a) coincides with the submission of any other report on 

25 matters relevant to this joint resolution otherwise required 
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1 to be submitted to Congress pursuant to the reporting re2 quirements of the War Powers Resolution (Public Law 93–

3 148), all such reports may be submitted as a single consoli4 dated report to the Congress. 

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

6 information required by section 3 of the Authorization for 

7 Use of Military Force Against Iraq Resolution (Public Law 

8 102–1) is included in the report required by this section, 

9 such report shall be considered as meeting the requirements 

10 of section 3 of such resolution. 

Union Calendar No. 451

107TH CONGRESS 

2D SESSION H. J. RES. 114

[Report No. 107–721] 

JOINT RESOLUTION

To authorize the use of United States Armed 

Forces against Iraq. 

OCTOBER 7, 2002

Reported with amendments, committed to the Committee 

of the Whole House on the State of the Union, and ordered to be printed