10 October 2002

10 October 2002

Text: House Joint Resolution Authorizing Use of Force Against Iraq

(House of Representatives approves resolution October 10, 2002)

Following is the text of House Joint Resolution 114, "To authorize the

use of United States Armed Forces against Iraq," approved in the House

of Representatives October 10, by a vote of 296 to 133:

(begin text)

107th CONGRESS

2d Session

H. J. RES. 114

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

IN THE HOUSE OF REPRESENTATIVES

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 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 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 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'.

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).

(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.

(end text)

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