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Weapons of Mass Destruction (WMD)

10 October 2002

Text: House Joint Resolution Authorizing Use of Force Against Iraq

(House of Representatives approves resolution October 10) (1940)
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)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)



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