House Joint Resolution Authorizing Use of Force
Against Iraq / 10 October 2002 / H.
J. RES. 114
Notes:
(1) The following is the complete text.
(2) Approved
in the House of Representatives October 10, by a vote
of 296 to 133:
(3) The "Wheras" items give the complete background, reasons
and justification for the resolution.
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.
House Joint Resolution Authorizing Use of Force Against Iraq
House of Representatives approves resolution October 10
Approved in the House
of Representatives October 10, by a vote of 296 to 133:
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