Congressional Record: October 9, 2002 (Senate) – Pages S10191-S10195
From the Congressional Record Online via GPO Access – DOCID:cr09oc02-79
AUTHORIZATION OF THE USE OF
UNITED STATES ARMED FORCES AGAINST IRAQ
(Purpose: To authorize the use of the United States Armed Forces, pursuant to a new resolution of the United Nations Security Council, to destroy, remove, or render harmless Iraq’s weapons of mass destruction, nuclear weapons-usable material, long-range ballistic missiles, and related facilities, and for other purposes)
In lieu of the matter proposed to be inserted by the amendment, insert the following:
SECTION. 1. SHORT TITLE.
This joint resolution may be cited as the “Multilateral Use of Force Authorization Act of 2002″.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In accordance with United Nations Security Council Resolution 687 (1991), Iraq made a commitment–
(A) to destroy, remove, or render harmless all chemical and biological weapons and stocks of agents and all related subsystems and components and all research, development, support, and manufacturing facilities related thereto;
(B) to destroy, remove, or render harmless all ballistic missiles with a range greater than 150 kilometers, and related major parts and production facilities;
(C) not to acquire or develop any nuclear weapons, nuclear- weapons-usable material, nuclear-related subsystems or components, or nuclear-related research, development, support, or manufacturing facilities; and
(D) to permit immediate on-site inspection of Iraq’s biological, chemical, and missile capabilities, and assist the International Atomic Energy Agency in carrying out the destruction, removal, or rendering harmless of all nuclear- related items and in developing a plan for ongoing monitoring and verification of Iraq’s compliance.
(2) The regime of Saddam Hussein consistently refused to cooperate with United Nations Special Commission weapons inspectors in Iraq between 1991 and 1998 by denying them access to crucial people, sites, and documents.
(3) On October 31, 1998, Iraq banned the United Nations weapons inspectors despite its agreement and obligation to comply with United Nations Security Council Resolution 687 (1991).
(4) Iraq continues to develop weapons of mass destruction, in violation of its commitments under United Nations Security Council Resolution 687 (1991) and subsequent resolutions, and the regime of Saddam Hussein has used weapons of mass destruction against its own people and other nations.
(5) The development of weapons of mass destruction by Iraq is a threat to the United States, to the friends and allies of the United States in the Middle East, and to international peace and security.
SEC. 3. CONGRESSIONAL POLICY FOR UNITED NATIONS SECURITY COUNCIL ACTION ON IRAQ.
(1) supports the President’s call for the United Nations to address the threat to international peace and security posed by Saddam Hussein’s continued refusal to meet Iraq’s obligations under resolutions of the United Nations Security Council to accept the destruction, removal, or rendering harmless of its weapons of mass destruction, nuclear weapons- usable material, ballistic missiles with a range in excess of 150 kilometers, and related facilities, and to cease the development, production, or acquisition of such weapons, materials, and missiles;
(2) urges the United Nations Security Council to adopt promptly a resolution that–
(A) demands that Iraq provide immediate, unconditional, and unrestricted access of the United Nations weapons inspectors so that Iraq’s weapons of mass destruction, nuclear weapons- usable material, ballistic missiles with a range in excess of 150 kilometers, and related facilities are destroyed, removed, or rendered harmless; and
(B) authorizes the use of necessary and appropriate military force by member states of the United Nations to enforce such resolution in the event that the Government of Iraq refuses to comply;
(3) affirms that, under international law and the United Nations Charter, the United States has at all times the inherent right to use military force in self-defense; and
(4) will not adjourn sine die this year and will return to session at any time before the next Congress convenes to consider promptly proposals relative to Iraq if in the judgment of the President the United Nations Security Council fails to adopt or enforce the resolution described in paragraph (2).
SEC. 4. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES PURSUANT TO A NEW UNITED NATIONS SECURITY COUNCIL RESOLUTION.
(a) Authorization.–Pursuant to a resolution of the United Nations Security Council described in section 3(2) that is adopted after the enactment of this joint resolution, and subject to subsection (b), the President is authorized to use the Armed Forces of the United States to destroy, remove, or render harmless Iraq’s weapons of mass destruction, nuclear weapons-usable material, ballistic missiles with a range greater than 150 kilometers, and related facilities, if Iraq fails to comply with the terms of the Security Council resolution.
(b) Requirements.–Before the authority granted in subsection (a) is exercised, the President shall make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that the United States has used appropriate diplomatic and other peaceful means to obtain compliance by Iraq with a resolution of the United Nations Security Council described in section 3(2) and that those efforts have not been and are not likely to be successful in obtaining such compliance.
(c) War Powers Resolution Requirements.–
(1) Specific statutory authorization.–Consistent with section 8(a)(1) of the War Powers Resolution, Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (22 U.S.C. 1544(b)).
(2) Applicability of other requirements.–Nothing in this joint resolution supersedes any requirement of the War Powers Resolution.
SEC. 5. REPORTS TO CONGRESS.
Not later than 60 days after the date of enactment of this joint resolution, and at least once during every 60-day period thereafter, the President shall submit to Congress a report containing a summary of the status of efforts–
(1) to have the United Nations Security Council adopt the resolution described in section 3(2); or
(2) in the case of the adoption of such resolution, to obtain compliance by Iraq with the resolution.
October 9, 2002
Levin Amendment text; October 9, 2002