COMMENT: Personally, I don't hold anything against the Democrats who voted for this language. See John Dean and Alan Dershowitz books that explain how Bush didn't follow through.
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 an
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,
SECTION 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
(1) strictly enforce through the United Nations Security Council all relevant Security Council
resolutions applicable to 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.
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 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 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 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 Wap
Xnwers 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.
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