10 October 2002
Text: House Joint Resolution
Authorizing Use of Force Against Iraq, October 10,
2002
(House of Representatives approves
resolution October 10)
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)