Text: H.J.Res.114 — 107th Congress (2001-2002)All Information (Except Text)

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Public Law No: 107-243 (10/16/2002)

 
[107th Congress Public Law 243]
[From the U.S. Government Printing Office]


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 AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002

[[Page 116 STAT. 1498]]

Public Law 107-243
107th Congress

                            Joint Resolution


 
       To authorize the use of United States Armed Forces against 
            Iraq. <<NOTE: Oct. 16, 2002 -  [H.J. Res. 114]>> 

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

[[Page 116 STAT. 1499]]

    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

[[Page 116 STAT. 1500]]

    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 <<NOTE: Authorization for Use of Military 
Force Against Iraq Resolution of 2002. 50 USC 1541 note.>> assembled,

SECTION 1. SHORT TITLE.

    This joint resolution may be cited as the ``Authorization for Use of 
Military Force Against Iraq Resolution of 2002''.

[[Page 116 STAT. 1501]]

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) <<NOTE: President.>> 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).

[[Page 116 STAT. 1502]]

    (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.

    Approved October 16, 2002.

LEGISLATIVE HISTORY--H.J. Res. 114 (S.J. Res. 45) (S.J. Res. 46):
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HOUSE REPORTS: No. 107-721 (Comm. on International Relations).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            Oct. 8, 9, considered in House.
            Oct. 10, considered and passed House and Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            Oct. 16, Presidential remarks and statement.

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