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24 September 2002

Lawmaker Submits Resolution on Use of Force Against Iraq

(H.J. Res. 110 says President must certify he has sought UN
resolution) (2110)
Representative Alcee Hastings (Democrat of Florida) introduced a
resolution to the House of Representatives September 23 which would
allow the Bush Administration to use force against the regime of Iraqi
dictator Saddam Hussein, but only if certain conditions were met.
Hastings submitted his proposed resolution, House Joint Resolution 110
(H.J. Res. 110), and it was referred to the House International
Relations Committee.
The proposed resolution, Hastings said, "authorizes the use of U.S.
Armed Forces to defend our national security interests against the
threat posed by Iraq."
However, the Florida Democrat added, "this Resolution does set some
definitive conditions for the President prior to engaging the U.S.
Armed Forces."
H.J. Res. 110 would require the President "to exhaust diplomatic
efforts to obtain Iraq's compliance with the U.N. Security Council
Resolutions," Hastings said, as well as requiring the President "to
present the Congress with a comprehensive plan of how stability will
be maintained in the region in a post-strike environment."
According to the text of the proposed resolution, President Bush would
be required to certify that the United States "has sought from the
United Nations Security Council a thorough and robust resolution
expressing its dissatisfaction regarding Iraq's noncompliance with
United Nations Security Council Resolutions 687 and 949" as well as
other resolutions of the United Nations regarding Iraq.
H.J. Res. 110, entitled the "Liberation of the Iraqi People"
resolution, cites the role of Congress to declare war as provided for
in the Constitution, and the authority of Congress to approve any U.S.
military action with Iraq through the War Powers Resolution.
The proposed resolution also draws attention to the fact that "the
United States has never engaged in a preemptive strike against another
sovereign nation and must resort to this course of action when, and
only when, all other avenues for disarming the threat to its vital
interests have been explored and exhausted."
Representative Hastings is a member of the House Rules Committee, and
the House Permanent Select Committee on Intelligence.
Hastings also serves on the U.S. Helsinki Commission, and is a member
of the Congressional Black Caucus.
On September 19, fellow Congressional Black Caucus member
Representative Barbara Lee (Democrat of California) submitted a
proposed resolution that urged the Bush administration to work through
the United Nations and to use peaceful means to reach its goals in
Iraq.
Following is the text of Representative Alcee Hastings's September 23
speech introducing House Joint Resolution 110 and the text of the
proposed resolution:
(begin text)
JOINT RESOLUTION AUTHORIZING THE USE OF UNITED STATES ARMED FORCES
AGAINST IRAQ
HON. ALCEE L. HASTINGS
September 23, 2002
HON. ALCEE L. HASTINGS OF FLORIDA
IN THE HOUSE OF REPRESENTATIVES
Monday, September 23, 2002
Mr. HASTINGS of Florida. Mr. Speaker, I rise today to introduce a
Joint Resolution. It authorizes the use of U.S. Armed Forces to defend
our national security interests against the threat posed by Iraq.
However, this Resolution does set some definitive conditions for the
President prior to engaging the U.S. Armed Forces. It requires the
President to exhaust diplomatic efforts to obtain Iraq's compliance
with the U.N. Security Council Resolutions. It also requires the
President to present the Congress with a comprehensive plan of how
stability will be maintained in the region in a post-strike
environment.
The young men and women of our Armed Forces are already fighting a war
on terrorism. Before we expand their role, and send them even deeper
into harm's way, I want assurances that we have explored and exhausted
every avenue for a peaceful and diplomatic solution. I also want
assurances that we have a plan for maintaining stability in the region
once we declare victory.
Let me be perfectly clear. I am well aware that for more than a
decade, Iraq has violated virtually every U.N. Security Council
Resolution. With each violation, the threat to international peace and
security becomes more ominous. I believe that Iraq not only poses a
threat to our national security interests, but also threatens the
stability and security of the entire region and indeed, the world. It
is becoming more and more evident that we must be proactive in
defending our nation. We know that the United States is a terrorism
target, and we know that Iraq constitutes a real and imminent threat
against our national security interests.
However, only Congress has the authority to declare war. The Congress
must be convinced that every conceivable option has been explored. The
Congress must be convinced that the post-strike plan for maintaining
stability in that region is achievable. The Congress must agree that a
preemptive strike is our only course of action.
I urge my colleagues to vote for this Resolution.
Liberation of the Iraqi People Resolution
Introduced in House
HJ 110 IH
107th CONGRESS
2d Session
H. J. RES. 110
Authorizing the use of United States Armed Forces against Iraq.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 23, 2002
Mr. HASTINGS of Florida introduced the following joint resolution;
which was referred to the Committee on International Relations
JOINT RESOLUTION
Authorizing the use of United States Armed Forces against Iraq.
Whereas on September 11, 2001, it was demonstrated that the United
States is a known target of terrorism;
Whereas in 1988 Congress concluded that Iraq was then in material and
unacceptable breach of its international obligations and thereby
threatened the vital interests of the United States and international
peace and security, stated the reasons for that conclusion, and urged
the President to take appropriate action to bring Iraq into compliance
with its international obligations (Public Law 105-235);
Whereas Iraq persists in violating resolutions of the United Nations
Security Council by continuing to engage in brutal repression of its
civilian population, including the Kurdish people, thereby threatening
peace and security in the region, by refusing to release, repatriate,
or account for non-Iraqi citizens wrongfully detained by Iraq, and by
failing to return property wrongfully seized by Iraq from Kuwait;
Whereas Iraq is in breach of United Nations Security Council
Resolution 687, to cease repression of its civilian population
pursuant to Security Council Resolution 688, and to cease threatening
its neighbors or United Nations operations in Iraq pursuant to
Security Council Resolution 949;
Whereas United Nations Security Council Resolution 678 authorizes use
of all necessary means to compel Iraq to comply with these `subsequent
relevant resolutions';
Whereas Congress, in the Authorization for Use of Military Force
Against Iraq Resolution (Public Law 102-1), authorized the President
to use United States Armed Forces to achieve full implementation of
Security Council Resolutions 660, 661, 662, 664, 665, 666, 667, 669,
670, 674, and 677, pursuant to Security Council Resolution 678;
Whereas Congress, in section 1095 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190),
has stated that it `supports the use of all necessary means to achieve
the goals of Security Council Resolution 687 as being consistent with
the authorization for Use of Military Force Against Iraq (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 Resolution 688';
Whereas Congress, in the Iraq Liberation Act of 1998 (Public Law
105-338), has expressed its sense that it should be the policy of the
United States to support efforts to remove from power the current
Iraqi political structure and promote the emergence of a democratic
government to replace that political structure;
Whereas in 1998 Iraq rejected full cooperation with the United Nations
Special Commission (UNSCOM) to ensure the destruction of all weapons
of mass destruction;
Whereas since 1998 Iraq has remained in noncompliance with United
Nations Security Council Resolutions 660, 661, 662, 664, 665, 666,
667, 669, 670, 674, and 677, pursuant to Security Council Resolution
678, providing it with an open-ended ability to build its weapons of
mass destruction programs;
Whereas a key threat from Iraq is its development of weapons of mass
destruction and its potential to transfer weapons of mass destruction
to the terrorists and terrorist groups it sponsors;
Whereas a key threat from Iraq is the potential of an Iraqi preemptive
strike against the United States or its allies or interests in the
region;
Whereas the President contends that Iraq remains an immediate threat
to the national security of the United States;
Whereas the United States is fighting a war on terrorism and seeks the
widest possible support of its allies and the support of United
Nations Security Council;
Whereas the United Nations Security Council in approving Resolution
1377 affirmed that `the acts of international terrorism constitute one
of the most serious threats to international peace and security in the
twenty-first century';
Whereas in the absence of one or more thorough and robust resolutions
by the United Nations Security Council to continue the weapons
inspections program in Iraq, Iraq remains a threat to all nations
engaged in the global war on terrorism;
Whereas the Constitution reserves to Congress the sole authority to
declare war;
Whereas the Congress must approve any United States engagement in
military action with Iraq through the War Powers Resolution; and
Whereas the United States has never engaged in a preemptive strike
against another sovereign nation and must resort to this course of
action when, and only when, all other avenues for disarming the threat
to its vital interests have been explored and exhausted: 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 `Liberation of the Iraqi
People Resolution'.
SEC. 2. STATEMENT OF POLICY.
Congress--
(1) condemns Saddam Hussein's ongoing efforts to repress the freedoms
of the Iraqi people;
(2) calls on the President to exhaust all peaceful and diplomatic
avenues for disarming the threat to United States interests before
using military force against Iraq;
(3) calls on the President to obtain allied support for any preemptive
strike against Iraq through a thorough and robust United Nations
Security Council resolution;
(4) urges the President to consider that in the absence of a
post-invasion plan for ensuring the democracy, security and stability
of the nation of Iraq, a military invasion will not achieve the
desired results for that nation; and
(5) expresses its heartfelt concern for the safety, health, and well
being of the people of Iraq. SEC. 3. AUTHORIZATION FOR USE OF UNITED
STATES ARMED FORCES.
(a) AUTHORIZATION- The President is authorized, subject to subsection
(b), to use United States Armed Forces to defend the national security
interests of the United States against the threat posed by Iraq.
(b) CONDITIONS OF AUTHORITY- Before exercising the authority granted
in subsection (a), the President shall--
(1) certify to Congress that--
(A) Iraq is continuing to attempt to obtain conventional, chemical,
biological, and nuclear weapons and carry out ballistic missile
programs, and provide appropriate documentation thereof;
(B) Iraq poses an imminent threat to the United States or United
States interests in the region, and provide appropriate documentation
thereof;
(C) the United States has used all appropriate diplomatic and other
peaceful means to obtain compliance by Iraq with the United Nations
Security Council Resolutions 660, 661, 662, 664, 665, 666, 667, 669,
670, 674, 677, and 678; and
(D) the United States has sought from the United Nations Security
Council a thorough and robust resolution expressing its
dissatisfaction regarding Iraq's noncompliance with United Nations
Security Council Resolutions 687 and 949 and those resolutions
specified in subparagraph (C); and
(2) transmit to Congress a comprehensive plan of action that contains,
at a minimum--
(A) a commitment that United States engagement in the war against
terrorism shall remain the highest priority of the United States
Government to the maximum extent possible;
(B) a comprehensive plan for long-term cultural, economic, and
political stabilization in a free Iraq;
(C) a commitment that the United States will take necessary efforts to
protect the health, safety, and security of the Iraqi people and
existing infrastructure, and safety for all United States allies and
interests in the region; and
(D) a plan for the continued stabilization of Afghanistan.
(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.
At least once every 60 days, the President shall submit to the
Congress a summary on the status of efforts authorized in this joint
resolution.
(end text)
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Department of State. Web site: http://usinfo.state.gov)