Posted by Tony from ? (167.88.192.30) on Friday, October 04, 2002 at 1:04PM :
Text of resolution on Iraq
Associated Press
Text of a resolution agreed upon Wednesday by President Bush and
House leaders:
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 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" (Public Law 105-235);
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 resolutions 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 American 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 authorizes
the use of all necessary means to enforce United Nations Security
Council Resolution 660 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, repression of its civilian population in violation of United Nations
Security Council Resolution 688, and threatening its neighbors or
United Nations operations in Iraq in violation of United Nations
Security Council Resolution 949;
Whereas Congress in the Authorization for Use of Military Force
Against Iraq Resolution (Public Law 102-1) 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 Resolutions 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 (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 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,
SEC. 1. SHORT TITLE.
This joint resolution may be cited as the "Authorization for the Use of
Military Force Against Iraq". SEC. 2. SUPPORT FOR UNITED
STATES DIPLOMATIC EFFORTS
The Congress of the United States supports the efforts by the
president to
(a) strictly enforce through the United Nations Security Council all
relevant Security Council resolutions applicable to Iraq and
encourages him in those efforts; and
(b) 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.
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
there after 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 resolution is consistent with the United
States and other countries continuing to take the necessary actions
against international terrorists and terrorist organizations, including
those nations, organizations or persons who planned, authorized,
committed or aided the terrorists 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
resolution
supersedes any requirement of the War Powers Resolution.
SEC. 4. REPORTS TO CONGRESS
(a) 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 2
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 Public Law 105-338 (the Iraq Liberation Act of 1998).
(b) 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
Public Law 93-148 (the War Powers Resolution), all such reports may
be submitted as a single consolidated report to the Congress.
(c) To the extent that the information required by section 3 of 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 Public Law 102-1.
-- Tony
-- signature .