AUTHORIZATION FOR USE OF MILITARY
FORCE AGAINST IRAQ RESOLUTION OF 2002
PL 107-243, October 16, 2002, 116 Stat 1498
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.