Iraq: Authorization of Use of U.S. Armed Forces -- Side-By-Side Comparison of Public Law 107-243 and Selected Legislative Proposals

October 16, 2002 RL31596

On October 16, 2002, the President signed H.J.Res. 114 into law as Public Law 107-243 (116 Stat. 1498), wherein Congress authorized the President to use United States Armed Forces against Iraq. This report presents a side-by-side comparison of Public Law 107-243 and selected alternative legislative proposals considered in 107th Congress. P.L. 107-243 [ H.J.Res. 114 , Hastert-Gephardt], the Spratt amendment, S.J.Res. 45 [Daschle-Lott], a draft proposal by Senators Biden and Lugar [Biden-Lugar], and a draft proposal by Senator Levin were central to the debates waged in the House and Senate in early October 2002. S.J.Res. 46 [Lieberman] is not explicitly included here because of its substantial similarity to H.J.Res. 114 . Each would have authorized the President to use U.S. Armed Forces against Iraq. Each, however, presented different reasons for the authorization, conditions and thresholds to be met, congressional consultation requirements, and reporting requirements.

Order Code RL31596
Report for Congress
Received through the CRS Web
Iraq: Authorization of Use of U.S. Armed Forces –
Side-By-Side Comparison of Public Law 107-243
and Selected Legislative Proposals
Updated October 16, 2002
-name redacted-
Specialist in Foreign Policy Legislation
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ˜ The Library of Congress
Iraq: Authorization of Use of U.S. Armed Forces –
Side-By-Side Comparison of Public Law 107-243 and
Selected Legislative Proposals
Summary
On October 16, 2002, the President signed H.J. Res. 114 into law as Public Law
107-243 (116 Stat. 1498), wherein Congress authorized the President to use United
States Armed Forces against Iraq. This report presents a side-by-side comparison of
Public Law 107-243 and selected alternative legislative proposals considered in 107th
Congress.
Public Law 107-243 [H.J.Res. 114, Hastert-Gephardt], the Spratt amendment,
S.J.Res. 45 [Daschle-Lott], a draft proposal by Senators Biden and Lugar
[Biden-Lugar], and a draft proposal by Senator Levin were central to the debates
waged in the House and Senate in early October 2002. S.J.Res. 46 [Lieberman] is
not explicitly included here because of its substantial similarity to H.J.Res. 114.
Each would have authorized the President to use U.S. Armed Forces against Iraq.
Each, however, presented different reasons for the authorization, conditions and
thresholds to be met, congressional consultation requirements, and reporting
requirements.
Contents
Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Side-by-Side Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Iraq: Authorization of Use of U.S. Armed
Forces – Side-by-Side Comparison of Public
Law 107-243 and Selected Legislative
Proposals
Overview
On October 10, 2002, the House of Representatives passed H.J.Res. 114 to
authorize the President to use United States Armed Forces against Iraq. The Senate,
having debated its own resolution throughout the week, adopted the House language
without amendment in the early hours of October 11, 2002. President Bush signed
H.J.Res. 114 into law on October 16, 2002 (P.L. 107-243; 116 Stat. 1498).
In the course of the debate, both chambers considered a range of options, to
either authorize a preemptive and unilateral strike or to support deployment as part
of a larger multinational effort to implement and enforce United Nations Security
Council resolutions. The White House had prepared draft language in September to
provide the broadest authority to the President; this emerged as S.J.Res. 45,
introduced by Senators Daschle and Lott on September 26, 2002. A clause in
S.J.Res. 45 that would have authorized the President to use force not just against Iraq
but also to “restore international peace and security in the region” raised concern on
Capitol Hill, and led to the drafting of a “compromise House/White House plan,”
H.J.Res. 114, introduced on October 2 by Speaker of the House Dennis Hastert and
Minority Leader Richard Gephardt. H.J.Res. 114 was marked up by the Committee
on International Relations on October 3, and reported to the House on October 7.
House rules provided for 20 hours of debate on H.J.Res. 114. Debate began on
October 8. Two amendments, in the nature of a substitute, were considered and
rejected:
! Representative Lee proposed language to resolve the conflict with
Iraq through the United Nations “through mechanisms such as the
resumption of weapons inspections, negotiation, enquiry, mediation,
regional arrangements, and other peaceful means.” Failed by a vote
of 72 - 355 (October 10).
! Representative Spratt proposed language to authorize the President
to use U.S. Armed Forces against Iraq pursuant to a new United
Nations Security Council resolution requiring the elimination of
Iraq’s weapons of mass destruction and ballistic missiles. Failed by
a vote of 155 - 270 (October 10).
CRS-2
Representative Kucinich moved to recommit H.J.Res. 114 to the Committee on
International Relations, with instructions to report back a committee amendment to
the measure that would require the President to report to Congress on the impact the
use of armed force would have on U.S. national security interests prior to
deployment. The Kucinich motion failed, by a vote of 101 - 325. H.J.Res. 114 was
cleared for a final vote, and passed the House by a vote of 296 - 133.
In the Senate the debate began with S.J.Res. 45, introduced by Senators Daschle
and Lott on September 26, 2002, and placed on the Senate General Calendar
September 30. Daschle-Lott was derived from an earlier White House proposal. A
motion to begin the debate was made on October 1; cloture on that motion was
invoked on October 3, by a vote of 95 - 1. The motion to proceed was then agreed
to by unanimous consent. Debate began in earnest on October 4, and continued
through the early morning hours of October 11.
Though S.J.Res. 45 was ostensibly the proposal under consideration, the
language introduced earlier as S.J.Res. 46 by Senator Lieberman and others on
October 2, 2002, which was nearly identical to H.J.Res. 114, was put forward as an
amendment to S.J.Res. 45. S.J.Res. 46 became the target of five secondary
amendments, all of which failed to pass:
! Senator Graham proposed language, in the nature of a substitute, to
authorize the President to use the Armed Forces against Iraq, but
further to “defend the national security of the United States against
the threat posed by...” Abu Nidal, HAMAS, Hizballah, the Palestine
Islamic Jihad, and the Palestine Liberation Front. Tabled, by a vote
of 88 - 10 (October 9).
! Senator Byrd proposed language, to be added to the end of S.J.Res.
46, to state that passage of the resolution was not “intended to alter
the constitutional authorities of the Congress to declare war...”, nor
was it intended to grant “...any authority to the President...for any
purpose not directly related to a clear threat of imminent, sudden,
and direct attack upon the United States, its possessions or
territories, or the Armed Forces of the United States....” Failed, by
a vote of 14 - 86 (October 10).
! Senator Levin proposed language, in the nature of a substitute, to
authorize the President to use the Armed Forces against Iraq, but
pursuant to adoption of a new U.N. Security Council resolution.
Failed, by a vote of 24 - 75 (October 10).
! Senator Byrd proposed language, to be added to the end of S.J.Res.
46, to terminate the authorization of use of the Armed Forces 12
months after enactment, but also to allow a continuation of the
authorization of certain conditions were met. Failed, by a vote of 31
- 66 (October 10).
! Senator Durbin proposed language to change the rationalization for
authorization, so that instead of being in order to defend the national
CRS-3
security of the United States “against the continuing threat posed by
Iraq,” it would be in order to defend “against an imminent threat
posed by Iraq’s weapons of mass destruction.” Failed, by a vote of
30 - 70 (October 10).
At one point in the debate on the text of S.J.Res. 46 as an amendment to
S.J.Res. 45, cloture was invoked by a vote of 75 - 25, thus limiting remaining debate
to 30 hours. The entire time was not expended, however, and the amendment was
agreed to by voice vote. Amid debate, the Senate received H.J.Res. 114 from the
House. That measure was passed by the Senate just after midnight on October 11,
2002, by a vote of 77 - 23. Cloture on S.J.Res. 45 was subsequently rescinded, and
the matter was indefinitely postponed, both by unanimous consent.
H.J.Res. 114 was cleared for the President on October 11, 2002, presented to the
President on October 15, who signed it on October 16. In a speech given on the
occasion of signing, the President stated, in part:1
The resolution I’m about to sign symbolizes the united purpose of our nation,
expresses the considered judgment of the Congress, and marks an important
event in the life of America. The 107th Congress is one of the few called by
history to authorize military action to defend our country and the cause of peace.
This is among the most serious and difficult decisions a legislator can face.
Members of both Houses, both political parties, have deliberated with care, and
they have spoken with clarity on behalf of the American people. We will face
our dangers squarely, and we will face them unafraid.
With this resolution, Congress has now authorized the use of force. I have not
ordered the use of force. I hope the use of force will not become necessary. Yet,
confronting the threat posed by Iraq is necessary, by whatever means that
requires. Either the Iraqi regime will give up its weapons of mass destruction,
or, for the sake of peace, the United States will lead a global coalition to disarm
that regime. If any doubt our nation’s resolve, our determination, they would be
unwise to test it.
Since the President declared Iraq part of an “axis of evil” in his State of the
Union Address on January 29, 2002, tensions increased between the legislative and
executive branches over just what that meant and what was to be done about it.
Resolutions circulated on Capitol Hill since mid-summer beginning with a call on
Congress to “consider and vote on a resolution authorizing the use of force by the
United States Armed Forces against Iraq before such force is deployed against Iraq.”
(H.J.Res. 109, introduced July 26, 2002, by Representative DeFazio and others).
Subsequent proposals became increasingly focused on only Iraq and its weapons of
mass destruction. Throughout the debate, differences of view were pinned on regime
change, Iraq’s links to terrorism, the viability or seriousness of Iraq’s threat of
weapons of mass destruction, and choosing a strategy of unilateral action or coalition
building.
1 For full text, see [http://www.whitehouse.gov/news/]
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This paper presents a side-by-side consideration of key legislative proposals in
the debate to authorize the President to use Untied States Armed Forces against Iraq:
Public Law 107-243 (H.J.Res. 114), the Spratt amendment, S.J.Res. 45, Biden-Lugar,
and Levin. The paper is organized on the construction of Public Law 107-243.
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Side-by-Side Comparison
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
To authorize the use of
Not applicable.
To authorize the use of
Authorizing the use of the
Authorizing the use of the
United States Armed
United States Armed
United States Armed
United States Armed
Forces against Iraq.
Forces against Iraq.
Forces pursuant to a new
Forces, pursuant to a new
resolution of the United
resolution of the United
Nations Security Council
Nations Security Council,
seeking to enforce the
to destroy, remove, or
destruction and
render harmless Iraq’s
dismantlement of Iraq’s
weapons of mass
weapons of mass
destruction, nuclear
destruction program and
weapons-usable material,
prohibited ballistic
long-range ballistic
missiles program or
missiles, and related
pursuant to the United
facilities, and for other
States right of individual or
purposes.
collective self-defense if
the Security Council fails
to act.
Whereas in 1990 in
Whereas the Government
No equivalent language.
No equivalent language.
No equivalent language.
response to Iraq’s war of
of Iraq, without cause or
aggression against and
provocation, invaded and
illegal occupation of
occupied the country of
CRS-6
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
Kuwait, the United States
Kuwait on August 2, 1990;
forged a coalition of
nations to liberate Kuwait
[and]
and its people in order to
defend the national
Whereas in reaction to
security of the United
Iraq’s aggression against
States and enforce United
Kuwait, President George
Nations Security Council
H. W. Bush assembled a
resolutions relating to Iraq;
coalition of nations to
liberate Kuwait and to
enforce a series of United
Nations Security Council
resolutions adopted in
opposition to Iraq’s
invasion of Kuwait;
Whereas after the
Whereas, after the
No equivalent language.
Whereas under United
Whereas, in accordance
liberation of Kuwait in
liberation of Kuwait in
Nations Security Council
with United Nations
1991, Iraq entered into a
1991, Iraq entered into a
Resolution 687 (1991),
Security Council
United Nations sponsored
cease-fire agreement
which effected a formal
Resolution 687 (1991),
cease-fire agreement
sponsored by the United
cease-fire following the
Iraq made a commitment –
pursuant to which Iraq
Nations, pursuant to which
Persian Gulf War, Iraq
(1) to destroy, remove,
unequivocally agreed,
Iraq agreed –
agreed to destroy or
or render harmless all
among other things, to
(1) to destroy, remove,
dismantle, under
chemical and biological
eliminate its nuclear,
or render harmless all
international supervision,
weapons and stocks of
CRS-7
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
biological, and chemical
chemical and biological
its nuclear, chemical, and
agents and all related
weapons programs and the
weapons and stocks of
biological weapons
subsystems and
means to deliver and
agents and all related
programs (hereafter in this
components and all
develop them, and to end
subsystems and
joint resolution referred to
research, development,
its support for international
components and all
as Iraq’s “weapons of mass
support, and
terrorism;
research, development,
destruction program”), as
manufacturing facilities
support, and
well as its program to
related thereto;
manufacturing facilities
develop or acquire ballistic
(2) to destroy, remove,
related thereto;
missiles with a range
or render harmless all
(2) to destroy, remove,
greater than 150 kilometers
ballistic missiles with a
or render harmless all
(hereafter in this joint
range greater than 150
ballistic missiles with a
resolution referred to as
kilometers, and related
range greater than 150
Iraq’s “prohibited ballistic
major parts and production
kilometers, and related
missile program”), and
facilities;
major parts and production
undertook unconditionally
(3) not to acquire or
facilities;
not to develop any such
develop any nuclear
(3) not to acquire or
weapons thereafter.
weapons, nuclear-
develop any nuclear
weapons-usable material,
weapons, nuclear-
nuclear-related subsystems
weapons-usable material,
or components, or nuclear-
nuclear-related subsystems
related research,
or components, or nuclear-
development, support, or
related research,
manufacturing facilities;
development, support, or
and
manufacturing facilities;
(4) to permit immediate
CRS-8
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
and
on-site inspection of Iraq’s
(4) to permit immediate
biological, chemical, and
on-site inspection of Iraq’s
missile capabilities, and
biological, chemical, and
assist the International
missile capabilities, and
Atomic Energy Agency in
assist the International
carrying out the
Atomic Energy Agency in
destruction, removal, or
carrying out the
rendering harmless of all
destruction, removal, or
nuclear-related items and
rendering harmless of all
in developing a plan for
nuclear-related items and
ongoing monitoring and
in developing a plan for
verification of Iraq’s
ongoing monitoring and
compliance;
verification of Iraq’s
compliance;
Whereas the efforts of
No equivalent language.
No equivalent language.
No equivalent language.
No equivalent language.
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
CRS-9
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
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
Whereas, in flagrant
No equivalent language.
No equivalent language.
Whereas the regime of
flagrant violation of the
violation of the cease-fire
Saddam Hussein
cease-fire, attempted to
agreement, Iraq sought to
consistently refused to
thwart the efforts of
thwart the efforts of arms
cooperate with United
weapons inspectors to
inspectors to uncover and
Nations Special
identify and destroy Iraq’s
destroy Iraq’s stockpiles of
Commission weapons
weapons of mass
weapons of mass
inspectors in Iraq between
destruction stockpiles and
destruction and long-range
1991 and 1998 by denying
development capabilities,
ballistic missiles, and the
them access to crucial
which finally resulted in
means of producing such
people, sites, and
the withdrawal of
weapons and missiles;
documents;
inspectors from Iraq on
October 31, 1998;
Whereas, because of Iraq’s
[and]
demonstrated will to attack
neighboring countries and
Whereas on October 31,
CRS-10
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
arm itself with weapons of
1998, Iraq banned the
mass destruction, the
United Nations weapons
United Nations Security
inspectors despite its
Council passed
agreement and obligation
Resolutions 687, 707, ,715,
to comply with United
1051, 1060, 1115, 1134,
Nations Security Council
1137, 1154, 1194, and
Resolution 687 (1991);
1205, demanding that Iraq
destroy all weapons of
mass destruction, cease
further development of
chemical, biological, and
nuclear weapons, stop the
acquisition of ballistic
missiles with a range
exceeding 150 kilometers,
and end its support of
terrorism;
Whereas Iraq has
continued to defy
resolutions of the United
Nations Security Council
and to develop weapons of
mass destruction, has not
CRS-11
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
stopped its support of
terrorism, has refused to
cooperate with arms
inspectors of the United
Nations, and since
December 1998 has barred
and denied all such
inspectors any access to
Iraq;
Whereas in Public Law
No equivalent language.
Whereas Congress in 1998
No equivalent language.
No equivalent language.
105-335 (August 14,
concluded that Iraq was
1998), Congress concluded
then in material and
that Iraq’s continuing
unacceptable breach of its
weapons of mass
international obligations
destruction programs
and thereby threatened the
threatened vital United
vital interests of the United
States interests and
States and international
international peace and
peace and security, stated
security, declared Iraq to
the reasons for that
be in “material and
conclusion, and urged the
unacceptable breach of its
President to take
international obligations”
appropriate action to bring
and urged the President “to
Iraq into compliance with
take appropriate action, in
its international obligations
CRS-12
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
accordance with the
(Public Law 105-235);
Constitution and relevant
laws of the United States,
to bring Iraq into
compliance with its
international obligations”;
Whereas Iraq both poses a
Whereas Iraq has
Whereas Iraq remains in
No equivalent language.
Whereas Iraq continues to
continuing threat to the
materially breached its
material and unacceptable
develop weapons of mass
national security of the
international obligations by
breach of its international
destruction, in violation of
United States and
retaining and continuing to
obligations by, among
its commitments under
international peace and
develop chemical and
other things, continuing to
United Nations Security
security in the Persian Gulf
biological weapons, by
possess and develop a
Council Resolution 687
region and remains in
actively seeking a nuclear
significant chemical and
(1991) and subsequent
material and unacceptable
weapons capability and
biological weapons
resolutions, and the regime
breach of its international
ballistic missiles with
capability, actively seeking
of Saddam Hussein has
obligations by, among
ranges exceeding 150
a nuclear weapons
used weapons of mass
other things, continuing to
kilometers, and by
capability, and supporting
destruction against its own
possess and develop a
supporting international
and harboring terrorist
people and other nations;
significant chemical and
terrorism;
organizations, thereby
and
biological weapons
continuing to threaten the
capability, actively seeking
national security interests
Whereas the development
a nuclear weapons
of the United States and
of weapons of mass
capability, and supporting
international peace and
destruction by Iraq is a
and harboring terrorist
security;
threat to the United States,
CRS-13
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
organizations;
to the friends and allies of
the United States in the
Middle East, and to
international peace and
security:
Whereas Iraq persists in
Whereas Iraq persists in
No equivalent language.
No equivalent language.
violating resolution [sic]
violating resolutions of the
of the United Nations
United Nations Security
Security Council by
Council by continuing to
continuing to engage in
engage in brutal repression
brutal repression of its
of its civilian population,
civilian population thereby
including the Kurdish
threatening international
peoples, thereby
peace and security in the
threatening international
region, by refusing to
peace and security in the
release, repatriate, or
region, by refusing to
account for non-Iraqi
release, repatriate, or
citizens wrongfully
account for non-Iraqi
detained by Iraq, including
citizens wrongfully
an American serviceman,
detained by Iraq, and by
and by failing to return
failing to return property
property wrongfully seized
wrongfully seized by Iraq
by Iraq from Kuwait;
from Kuwait;
CRS-14
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
Whereas the current Iraqi
No equivalent language.
Language identical to that
No equivalent language.
No equivalent language.
regime has demonstrated
in H.J.Res. 114.
its capability and
willingness to use weapons
of mass destruction against
other nations and its own
people;
Whereas the current Iraqi
No equivalent language.
Language identical to that
No equivalent language.
No equivalent language.
regime has demonstrated
in H.J.Res. 114.
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;
CRS-15
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
Whereas members of al
No equivalent language.
Language identical to that
No equivalent language.
No equivalent language.
Qaida, an organization
in H.J.Res. 114.
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
No equivalent language.
Language identical to that
Whereas since 1990, the
No equivalent language.
aid and harbor other
in H.J.Res. 114.
United States has
international terrorist
considered Iraq to be a
organizations, including
state sponsor of terrorism;
organizations that threaten
the lives and safety of
American citizens;
Whereas the attacks on the
Whereas the attacks of
Whereas the attacks on the
No equivalent language.
No equivalent language.
United States of September
September 11, 2001,
United States of September
11, 2001, underscored the
underscores [sic] the
11, 2001, underscored the
gravity of the threat posed
extent of the threat posed
gravity of the threat that
by the acquisition of
by international terrorist
Iraq will transfer weapons
weapons of mass
organizations, and makes
of mass destruction to
destruction by international
clear the gravity of the
international terrorist
CRS-16
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
terrorist organizations;
threat if they obtain access
organizations;
to weapons of mass
destruction;
Whereas Iraq’s
No equivalent language.
Whereas Iraq’s
No equivalent language.
No equivalent language.
demonstrated capability
demonstrated capability
and willingness to use
and willingness to use
weapons of mass
weapons of mass
destruction, the risk that
destruction, the high risk
the current Iraqi regime
that the current Iraqi
will either employ those
regime will either employ
weapons to launch a
those weapons to launch a
surprise attack against the
surprise attack against the
United States or its Armed
United States or its Armed
Forces or provide them to
Forces or provide them to
international terrorists who
international terrorists who
would do so, and the
would do so, and the
extreme magnitude of
extreme magnitude of
harm that would result to
harm that would result to
the United States and its
the United States and its
citizens from such an
citizens from such an
attack, combine to justify
attack, combine to justify
action by the United States
the use of force by the
to defend itself;
United States in order to
defend itself;
CRS-17
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
Whereas United Nations
Whereas the United
Whereas Iraq is in material
No equivalent language.
No equivalent language.
Security Council
Nations Security Council
breach of its disarmament
Resolution 678 (1990)
passed Resolution 660,
and other obligations under
authorizes the use of all
condemning the invasion
United Nations Security
necessary means to enforce
of Kuwait and demanding
Council Resolution 687, to
United Nations Security
Iraq’s immediate
cease repression of its
Council Resolution 660
withdrawal, and thereafter
civilian population that
(1990) and subsequent
passed Resolutions 661,
threatens international
relevant resolutions and to
662, 664, 665, 666, 667,
peace and security under
compel Iraq to cease
670, 674, and 677, further
United Nations Security
certain activities that
demanding the Iraq
Council Resolution 688,
threaten international
withdraw from Kuwait;
and to cease threatening its
peace and security,
neighbors or United
including the development
Whereas the Government
Nations operations in Iraq
of weapons of mass
of Iraq defied the United
under United Nations
destruction and refusal or
Nations, flouting and
Security Council
obstruction of United
violating each of these
Resolution 949, and United
Nations weapons
resolutions;
Nations Security Council
inspections in violation of
Resolution 678 authorizes
United Nations Security
[and]
use of all necessary means
Council Resolution 687
to compel Iraq to comply
(1991), repression of its
Whereas Iraq’s defiance
with these “subsequent
civilian population in
resulted in the adoption of
relevant resolutions”;
violation of United Nations
United Nations Security
Security Council
Council Resolution 678
CRS-18
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
Resolution 688 (1991), and
which authorized the use
threatening its neighbors or
of all means necessary to
United Nations operations
repel Iraq from Kuwait and
in Iraq in violation of
to compel its compliance
United Nations Security
with the above-referenced
Council Resolution 949
resolutions;
(1994);
Whereas in the
No equivalent language.
Whereas Congress in the
No equivalent language.
No equivalent language.
Authorization for Use of
Authorization for Use of
Military Force Against
Military Force Against
Iraq Resolution (Public
Iraq Resolution (Public
Law 102-1), Congress has
Law 102-1) has authorized
authorized the President
the President to use the
“to use United States
Armed Forces of the
Armed Forces pursuant to
United States to achieve
United Nations Security
full implementation of
Council Resolution 678
Security Council
(1990) in order to achieve
Resolutions 660, 661, 662,
implementation of Security
664, 665, 666, 667, 669,
Council Resolutions 660,
670, 674, and 677,
661, 662, 664, 665, 666,
pursuant to Security
667, 669, 670, 674, and
Council Resolution 678;
677”;
CRS-19
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
Whereas in December
Whereas allied forces, led
No equivalent language.
No equivalent language.
No equivalent language.
1991, Congress expressed
by the United States,
its sense that it “supports
attacked Iraqi forces on
the use of all necessary
January 16, 1991, and
means to achieve the goals
drove them out of Kuwait;
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
CRS-20
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
Resolution 688”;
Whereas the Iraq
No equivalent language.
Whereas Congress in the
No equivalent language.
No equivalent language.
Liberation Act (Public
Iraq Liberation Act (Public
Law 105-338) expressed
Law 105-338) has
the sense of Congress that
expressed its sense that it
it should be the policy of
should be the policy of the
the United States to
United States to support
support efforts to remove
efforts to remove from
from power the current
power the current Iraqi
Iraqi regime and promote
regime and promote the
the emergence of a
emergence of a democratic
democratic government to
government to replace that
replace that regime;
regime;
Whereas on September 12,
Whereas on September 12,
No equivalent language.
No equivalent language.
No equivalent language.
2002, President Bush
2002, President Bush
committed the United
committed the United
States to “work with the
States to “work with the
United Nations Security
United Nations Security
Council to meet our
Council to meet our
common challenge” posed
common challenge” posed
by Iraq and to “work for
by Iraq and to “work for
the necessary resolutions,”
the necessary resolutions”,
while also making clear
while making clear that
CRS-21
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
that “the Security Council
“the Security Council
resolutions will be
resolutions will be
enforced, and the just
enforced, and the just
demands of peace and
demands of peace and
security will be met, or
security will be met, or
action will be
action will be
unavoidable”;
unavoidable”; and
Whereas the United States
No equivalent language.
No equivalent language.
No equivalent language.
No equivalent language.
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
CRS-22
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
all relevant United Nations
Security Council
resolutions be enforced,
including through the use
of force if necessary;
Whereas Congress has
No equivalent language.
No equivalent language.
No equivalent language.
No equivalent language.
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;
CRS-23
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
Whereas the President and
No equivalent language.
No equivalent language.
No equivalent language.
No equivalent language.
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
No equivalent language.
Whereas the President has
No equivalent language.
No equivalent language.
authority under the
authority under the
Constitution to take action
Constitution to take action
in order to deter and
in order to deter and
prevent acts of
prevent acts of
international terrorism
international terrorism
against the United States,
against the United States,
as Congress recognized in
as Congress recognized in
the joint resolution on
the joint resolution on
Authorization for Use of
Authorization for Use of
CRS-24
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
Military Force (Public Law
Military Force (Public Law
107-40); and
107-40); and
Whereas it is in the
No equivalent language.
No equivalent language.
No equivalent language.
No equivalent language.
national security of the
United States to restore
international peace and
security to the Persian Gulf
region:
No equivalent language.
Whereas the House of
No equivalent language.
No equivalent language.
No equivalent language.
Representatives (in
H.J.Res. 658 of the 101st
Congress and H. Res. 322
in the 105th Congress) and
the Senate (in S. Con. Res.
147 of the 101st Congress
and S.J.Res. 54 in the 105th
Congress) have declared
support for international
action to halt Iraq’s
defiance of the United
Nations;
CRS-25
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
No equivalent language.
Whereas in H. Res. 322 of
No equivalent language.
No equivalent language.
No equivalent language.
the 105th Congress, the
House of Representatives
affirmed that the “current
crisis regarding Iraq should
be resolved peacefully
through diplomatic means,
but in a manner which
assures full compliance by
Iraq with United Nations
Security Council
resolutions regarding the
destruction of Iraq’s
capability to produce and
deliver weapons of mass
destruction”;
No equivalent language.
Whereas Congress
No equivalent language.
No equivalent language.
No equivalent language.
supports the efforts by the
President to enforce
through the Security
Council the United Nations
Security Council
resolutions referenced
above:
CRS-26
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
No equivalent language.
No equivalent language.
Whereas the United States
No equivalent language.
No equivalent language.
has the inherent right, as
acknowledged un the
United Nations Charter, to
use force in order to defend
itself;
No equivalent language.
Whereas in the National
Whereas Congress in
No equivalent language.
No equivalent language.
Defense Act for Fiscal
section 1095 of Public Law
Years 1992 and 1993
102-190 has stated that it
(Public Law 102-190),
“supports the use of all
Congress called upon “the
necessary means to achieve
President [to] consult
the goals of Security
closely with the partners of
Council Resolution 687 as
the United States in the
being consistent with the
Desert Storm coalition and
Authorization for Use of
with members of the
Military Force Against
United Nations Security
Iraq (Public Law 102-1),”
Council in order to present
that Iraq’s repression of its
a united front of opposition
civilian population violates
to Iraq’s continuing
United Nations Security
noncompliance with
Council Resolution 688
Security Council
and “constitutes a
Resolution 687”;
continuing threat to the
peace, security, and
CRS-27
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
stability of the Persian
Gulf region,” and that
Congress “supports the use
of all necessary means to
achieve the goals of
Resolution 688”;
No equivalent language.
No equivalent language.
Whereas the President has
No equivalent language.
No equivalent language.
authority under the
Constitution to use force in
order to defend the
national security interests
of the United States:
CRS-28
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
No equivalent language.
No equivalent language.
No equivalent language.
Whereas on numerous
No equivalent language.
occasions since 1991, the
United Nations Security
Council has reaffirmed
Resolution 687, most
recently in Resolution
1284, which established a
new weapons inspection
regime to ensure Iraqi
compliance with its
obligations under
Resolution 687;
No equivalent language.
No equivalent language.
No equivalent language.
Whereas on numerous
No equivalent language.
occasions since 1991, the
United States and the
United Nations Security
Council have condemned
Iraq’s failure to fulfill its
obligations under
Resolution 687 to destroy
or dismantle its weapons of
mass destruction program
and its prohibited ballistic
missile program;
CRS-29
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
No equivalent language.
No equivalent language.
No equivalent language.
Whereas Iraq under
No equivalent language.
Saddam Hussein used
chemical weapons in its
war with Iran in the 1980s
and against the Kurdish
population in northern Iraq
in 1988;
No equivalent language.
No equivalent language.
No equivalent language.
Whereas Iraq’s failure to
No equivalent language.
comply with its
international obligations to
destroy or dismantle its
weapons of mass
destruction program and its
prohibited ballistic missile
program, its record of
using force against
neighboring states, and its
support for international
terrorism require a strong
diplomatic, and if
necessary, military
response by the
international community,
led by the United States
CRS-30
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
Now, therefore, be it
Now, therefore, be it
Now, therefore, be it
Now, therefore, be it
Now, therefore, be it
Resolved by the Senate and
Resolved by the Senate and
Resolved by the Senate and
Resolved by the Senate and
Resolved by the Senate and
House of Representatives
House of Representatives
House of Representatives
House of Representatives
House of Representatives
of the United States of
of the United States of
of the United States of
of the United States of
of the United States of
America in Congress
America in Congress
America in Congress
America in Congress
America in Congress
assembled,
assembled,
assembled,
assembled,
assembled,
Section 1. Short Title.
Section 1. Short Title.
Section 1. Short Title.
Section 1. Short Title.
Section 1. Short Title.
This joint resolution
This joint resolution
This joint resolution
This Act may be cited
This joint resolution
may be cited as the
may be cited as the
may be cited as the
as the “Authorization for
may be cited as the
“Authorization for Use of
“Elimination of Weapons
“Further Resolution on
the Use of Force Against
“Multilateral Use of Force
Military Force Against
of Mass Destruction from
Iraq”.
Iraq Resolution of 2002.”
Authorization Act of
Iraq Resolution of 2002”.
Iraq Resolution”.
2002”.
Sec. 2. Support for
Sec. 2. Sense of the
No equivalent language.
No equivalent language.
Sec. 2. Congressional
United States Diplomatic
Congress.
Policy For United
Efforts.
It is the sense of
Nations Security Council
The Congress of the
Congress that –
Action on Iraq.
United States supports the
(1) the President should
Congress–
efforts by the President to–
be commended for calling
(1) supports the
(1) strictly enforce
upon the United Nations to
President’s call for the
through the United Nations
address the threat to
United Nations to address
Security Council all
international peace and
the threat to international
relevant Security Council
security posed by Iraq’s
peace and security posed
resolutions regarding Iraq
refusal to meets its
by Saddam Hussein’s
CRS-31
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
and encourages him in
disarmament obligations
continued refusal to meet
those efforts; and
under United Nations
Iraq’s obligations under
(2) obtain prompt and
Security council
resolutions of the United
decisive action by the
resolutions;
Nations Security Council
Security Council to ensure
(2) The President
to accept the destruction,
that Iraq abandons its
should persist in his efforts
removal, or rendering
strategy of delay, evasion
to obtain approval of the
harmless of its weapons of
and noncompliance and
Security Council for any
mass destruction, nuclear
promptly and strictly
actions taken against Iraq;
weapons-usable material,
complies with all relevant
and
ballistic missiles with a
Security Council
(3) the President should
range in excess of 150
resolutions regarding Iraq.
continue to seek, and the
kilometers, and related
Security Council should
facilities, and to cease the
approve, a resolution that –
development, production,
(A) demands full and
or acquisition of such
unconditional compliance
weapons, materials, and
by the Government of Iraq
missiles;
with all disarmament
(2) urges the United
requirements imposed by
Nations Security Council
United Nations Security
to adopt promptly a
Council Resolutions 687,
resolution that–
707, 715, 1051, 1060,
(A) demands that Iraq
1115, 1134, 1154, 1194,
provide immediate,
and 1205;
unconditional, and
(B) mandates the
unrestricted access of the
CRS-32
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
immediate return to Iraq of
United Nations weapons
United Nations arms
inspectors so that Iraq’s
inspection teams,
weapons of mass
empowered with increased
destruction, nuclear
staff and resources and
weapons-usable material,
unconditional access to all
ballistic missiles with a
sites they deem necessary
range in excess of 150
to uncover and destroy
kilometers, and related
weapons of mass
facilities are destroyed,
destruction and ballistic
removed, or rendered
missiles with ranges
harmless; and
exceeding 150 kilometers,
(B) authorizes the use
and the means of
of necessary and
producing such weapons
appropriate military force
and missiles, without
by member states of the
regard to any objections or
United Nations to enforce
conditions that Iraq may
such resolution in the event
seek to impose; and
that the Government of
(C) authorizes, if the
Iraq refuses to comply;
President deems advisable,
(3) affirms that, under
a military force, formed
international law and the
under the auspices of the
United Nations Charter,
United Nations Security
the United States has at all
Council but commanded
times the inherent right to
by the United States, to
use military force in self-
CRS-33
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
protect and support arms
defense; and
inspectors and make force
(4) will not adjourn sine
available in the event that
die this year and will
Iraq impedes, resists, or in
return to session at any
any way interferes with
time before the next
such inspection teams;
Congress convenes to
(4) if the United
consider promptly
Nations Security Council
proposals relative to Iraq if
fails to pass a resolution
in the judgment of the
that satisfies the conditions
President the United
of paragraph (3), and if the
Nations Security Council
President determines that
fails to adopt the resolution
use of the United States
described in paragraph (2).
Armed Forces is necessary
to compel Iraq to comply
with all such disarmament
requirements, the President
should seek authorization
from Congress to use
military force to compel
such compliance by
invoking the expedited
procedures set forth in
section 5;
(5) if the United States
CRS-34
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
must resort to force, the
President should endeavor
to form a coalition of allies
as broadly based as
practicable to support and
participate with United
States Armed Forces, and
should also seek
multilateral cooperation
and assistance, specifically
including Arab and Islamic
countries, in the post-
conflict reconstruction of
Iraq; and
(6) if the United States
resorts to force, Congress
will provide all possible
support to the members of
the United States Armed
Forces and their families.
CRS-35
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
Sec. 3. Authorization for
No equivalent language.
Sec. 2. Authorization for
Section 2. Authorization
No equivalent language.
Use of United States
(See, however, sec. 3,
Use of United States
for the Use of United
(See, however, sec. 3,
Armed Forces.
below.)
Armed Forces.
States Armed Forces.
below.)
(a) Authorization.–
The President is
(a) Authorization for
The President is authorized
authorized to use all means
the Use of Force.– The
to use the Armed Forces of
that he determines to be
President, subject to
the United States as he
appropriate, including
subsection (b), is
determines to be necessary
force, in order to enforce
authorized to use United
and appropriate in order
the United Nations
States Armed Forces as he
to–
Security Council
determines to be necessary
(1) defend the
Resolutions referenced
and appropriate–
national security of the
above, defend the national
(1) to enforce United
United States against the
security interests of the
Nations Security Council
continuing threat posed by
United States against the
Resolution 687, and other
Iraq; and
threat posed by Iraq, and
resolutions approved by
(2) enforce all
restore international peace
the Council which govern
relevant United Nations
and security in the region.
Iraqi compliance with
Security Council
Resolution 687, in order to
resolutions regarding Iraq.
secure the dismantlement
(b) Presidential
or destruction of Iraq’s
Determination.– In
weapons of mass
connection with the
destruction program and its
exercise of the authority
prohibited ballistic missile
granted in subsection (a) to
program; or
use force the President
(2) in the exercise of
CRS-36
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
shall, prior to such exercise
individual or collective
or as soon thereafter as
self-defense, to defend the
may be feasible, but no
United States or allied
later than 48 hours after
nations against a grave
exercising such authority,
threat posed by Iraq’s
make available to the
weapons of mass
Speaker of the House of
destruction program and its
Representatives and the
prohibited ballistic missile
President pro tempore of
program.
the Senate his
(b) Requirement for
determination that–
determination that use of
(1) reliance by the
force is necessary.–Before
United States on further
exercising the authority
diplomatic or other
granted by subsection (a),
peaceful means alone
the President shall make
either (A) will not
available to the Speaker of
adequately protect the
the House of
national security of the
Representatives and the
United States against the
President pro tempore of
continuing threat posed by
the Senate his
Iraq or (B) is not likely to
determination that–
lead to enforcement
(1) the United States
regarding Iraq; and
has attempted to seek,
(2) acting pursuant to
through the United Nations
this resolution is consistent
Security Council, adoption
CRS-37
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
with the United States and
of a resolution after
other countries continuing
September 12, 2002 under
to take the necessary
Chapter VII of the United
actions against
Nations Charter
international terrorists and
authorizing the action
terrorist organizations,
described in subsection
including those nations,
(a)(1), and such resolution
organizations, or persons
has been adopted; or
who planned, authorized,
(2) that the threat to the
committed or aided the
United States or allied
terrorist attacks that
nations posed by Iraq’s
occurred on September 11,
weapons of mass
2001.
destruction program and
prohibited ballistic missile
program is so grave that
the use of force is
necessary pursuant to
subsection (a)(2),
notwithstanding the failure
of the Security Council to
approve a resolution
described in paragraph (1).
CRS-38
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
(c) War Powers
Sec. 6 War Powers
No equivalent language.
Section 4. War Powers
Sec. 3 (pertaining to use of
Resolution
Resolution
Resolution
Armed Forces to enforce
Requirements.–
Requirements.
Requirements.
United Nations Security
(1) Specific Statutory
(a) Specific Statutory
(a) Specific Statutory
Council Resolution; see
Authorization.–Consistent
Authorization.– Consistent
Authorization.–Consistent
full text below)
with section 8(a)(1) of the
with section8(a)(1) of the
with section 8(a)(1) of the
(c) War Powers
War Powers Resolution,
War Powers Resolution,
War Powers Resolution,
Resolution
the Congress declares that
the Congress declares that
the Congress declares that
Requirements.–
this section is intended to
–
section 2 is intended to
(1) Specific Statutory
constitute specific statutory (1) section 3 of this
constitute specific statutory
Authorization.–Consistent
authorization within the
joint resolution is intended
authorization within the
with section 8(a)(1) of the
meaning of section 5(b) of
to constitute specific
meaning of section 5(b) of
War Powers Resolution,
the War Powers
authorization within the
the War Powers
Congress declares that this
Resolution.
meaning of section 5(b) of
Resolution.
section is intended to
(2) Applicability of
the War Powers
(b) Applicability of
constitute specific statutory
Other
Resolution; and
Other Requirements.–
authorization within the
Requirements.–Nothing in
(2) if a joint resolution
Nothing in this resolution
meaning of section 5(b) of
this resolution supersedes
described in section 5(a)(2)
supersedes any
the War Powers Resolution
any requirement of the
is enacted into law, such
requirement of the War
(22 U.S.C. 1544(b)).
War Powers Resolution.
resolution is intended to
Powers Resolution.
(2) Applicability of
constitute specific
Other
authorization within the
Requirements.–Nothing in
meaning of section 5(b) of
this joint resolution
the War Powers
supersedes any
Resolution.
requirement of the War
CRS-39
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
(B) Applicability of
Powers Resolution.
Other Requirements.
Nothing in this resolution
supersedes any
requirement of the War
Powers Resolution.
No equivalent language.
Sec. 3. Authorization To
No equivalent language.
No equivalent language.
Sec. 3. Authorization for
Use Force in Accordance
Use of United States
With New United Nations
Armed Forces Pursuant
Security Council
to a New United Nations
Resolutions.
Security Council
The President is
Resolution.
authorized to use United
(a) Authorization.–
States Armed Forces
Pursuant to a resolution of
pursuant to any resolution
the United Nations
of the United Nations
Security Council described
Security Council adopted
in section 2(2) that is
after September 12, 2002,
adopted after the
that provides for the
enactment of this joint
elimination of Iraq’s
resolution, and subject to
weapons of mass
subsection (b), the
destruction and ballistic
President is authorized to
missiles with ranges
use the Armed Forces of
exceeding 150 kilometers,
the United States to
CRS-40
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
and the means of
destroy, remove, or render
producing such weapons
harmless Iraq’s weapons of
and missiles. Nothing in
mass destruction, nuclear
the preceding sentence
weapons-usable material,
shall be construed to
ballistic missiles with a
prevent or otherwise limit
range greater than 150
the authority of the Armed
kilometers, and related
Forces to use all
facilities, if Iraq fails to
appropriate force for self
comply with the terms of
defense and enforcement
the Security Council
purposes.
resolution.
(b) Requirements.–
[and]
Before the authority
granted in subsection (a) is
exercised, the President
Sec. 4. Presidential
shall make available to the
Certifications.
Speaker of the House of
In the event that the
Representatives and the
United Nations Security
President pro tempore of
Council does not adopt a
the Senate his
resolution as described in
determination that the
section 3, or in the event
United States has used
that such a resolution is
appropriate diplomatic and
adopted but does not
other peaceful means to
sanction the use of force
obtain compliance by Iraq
CRS-41
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
sufficient to compel Iraq’s
with a resolution of the
compliance, and if the
United Nations Security
President determines that
Council described in
use of the United States
section 2(2) and that those
Armed Forces is necessary
efforts have not been and
for such compliance, the
are not likely to be
President should seek
successful in obtaining
authorization from
such compliance.
Congress to use military
(c) War Powers
force to compel such
Resolution Requirements.–
compliance by invoking
(1) Specific Statutory
the expedited procedures
Authorization.–Consistent
set forth in section 5 after
with section 8(a)(1) of the
the President submits to
War Powers Resolution,
the Speaker of the House
Congress declares that this
of Representatives and the
section is intended to
President pro tempore of
constitute specific statutory
the Senate a certification
authorization within the
that –
meaning of section 5(b) of
(1)(A) the United States
the War Powers Resolution
has sought passage by the
(22 U.S.C. 1544(b)).
United Nations Security
(2) Applicability of
Council of a resolution
Other Requirements.–
described in section 3, and
Nothing in this joint
the Security Council has
resolution supersedes any
CRS-42
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
failed to pass such a
requirement of the War
resolution, and no other
Powers Resolution.
action taken by the United
Nations Security Council
has been sufficient to
compel Iraq to comply
with the Security Council
resolutions referred to in
section 2; or
(B) the United Nations
Security Council has
passed a resolution that
does not sanction the use
of force sufficient to
compel compliance, and–
(i) the United Nations
Security Council is
unlikely to take further
action that will result in
Iraq’s compliance with
such resolution; and
(ii) the use of military
force against Iraq is
necessary to compel
compliance;
CRS-43
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
(2) the use of military
force against Iraq will not
impair international
cooperation in the fight
against terrorism or
participation in United
States military actions
undertaken pursuant to
Public Law 107-40; and
(3) the United States is
in the process of
establishing, or has
established, a coalition of
other countries as broadly
based as practicable to
support and participate
with the United States in
whatever action is taken
against Iraq.
Sec. 4. Reports to
Sec. 7. Reports To
No equivalent language.
Section 3. Consultation
Sec. 4. Reports to
Congress.
Congress.
and Reports.
Congress.
(a) Reports. – The
At least once every 60
(a) Consultation.–The
Not later than 60 days
President shall, at least
days, the President shall
President shall keep
after the date of enactment
once every 60 days, submit
transmit to Congress a
Congress fully and
of this joint resolution, and
CRS-44
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
to the Congress a report on
report on matters relevant
currently informed on
at least once during every
matters relevant to this
to this joint resolution.
matters relevant to this
60-day period thereafter,
joint resolution, including
The President shall include
joint resolution.
the President shall submit
actions taken pursuant to
in such report an estimate
(b) Initial Report.–(1)
to Congress a report
the exercise of authority
of expenditures by the
As soon as practicable, but
containing a summary of
granted in section 3 and
United States and allied
not later than 30 days after
the status of efforts–
the status of planning for
nations to compel Iraq’s
exercising the authority
(1) to have the Untied
efforts that are expected to
compliance with the above
under subsection 2(a), the
Nations Security Council
be required after such
referenced United Nations
President shall submit to
adopt the resolution
actions are completed,
Security Council
Congress a report setting
described in section 2(2);
including those actions
resolutions and any
forth information–
or
described in section 7 of
reconstruction efforts in
(A) about the degree to
(2) in the case of the
Public Law 105-338 (the
Iraq, including those
which other nations will
adoption of such
Iraq Liberation Act of
actions described in
assist the United States in
resolution, to obtain
1998).
section 7 of the Iraq
the use of force in Iraq;
compliance by Iraq with
(b) Single
Liberation Act of 1998
(B) regarding measures
the resolution.
Consolidated Report. – To
(Public Law 105-338; 22
the United States is taking,
the extent that the
U.S.C. 2151 note).
or preparing to take, to
submission of any report
protect key allies in the
described in subsection (a)
region from armed attack
coincides with the
by Iraq; and
submission of any other
(C) on planning to
report on matters relevant
establish a secure
to this joint resolution
environment in the
otherwise required to be
immediate aftermath of the
CRS-45
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
submitted to Congress
use of force (including
pursuant to the reporting
estimated expenditures by
requirements of the War
the United States and allied
Powers Resolution (Public
nations), and, if necessary,
Law 93-148), all such
prepare for the political
reports may be submitted
and economic
as a single consolidated
reconstruction of Iraq
report to the Congress.
following the use of force.
(2) Classification of
(c) Rule of
report.–The report required
Construction. – To the
by paragraph (1) may be
extent that the information
submitted in classified
required by section 3 of the
form.
Authorization for Use of
(c) Subsequent
Military Force Against
Reports.– Following
Iraq Resolution (Public
transmittal of the report
Law 102-1) is included in
required by subsection (b),
the report required by this
the President shall submit a
section, such report shall
report to Congress every
be considered as meeting
60 days thereafter on the
the requirements of section
status of United States
3 of such resolution.
diplomatic, military and
reconstruction operations
with respect to Iraq.
CRS-46
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
No equivalent language.
Sec. 5. Expedited
No equivalent language.
No equivalent language.
No equivalent language.
Congressional
Consideration of Joint
Resolution Authorizing
Use of Force.
 (a) Qualifying
Resolution. – (1) this
section applies with
respect to a joint resolution
of the Senate or house of
Representatives –
(A) that is a qualifying
resolution as described in
paragraph (2); and
(B) that it introduced
(by request) by a
qualifying Member not
later than the next
legislative day after the
date of receipt by the
Speaker of the House of
Representatives and the
President pro tempore of
the Senate of a certification
by the President under
CRS-47
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
section 4.
(2) For purposes of this
section, a qualifying
resolution is a joint
resolution –
(A) that does not have a
preamble;
(B) the title of which is
the following: “Joint
resolution authorizing the
President to use all
necessary means, including
the Armed Forces of the
United States, to compel
the Government of Iraq to
comply with certain United
Nations Security Council
resolutions.” and
(C) the test of which is
as follows: “The President
is authorized to use all
necessary and appropriate
means, including the
Armed Forces of the
United States, to compel
CRS-48
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
the Government of Iraq to
comply with the
disarmament provisions in
the United Nations
Security Council
Resolutions 687, 707, 715,
1051, 1060, 1115, 1134,
1154, 1194, and 1205 and
with any other resolution
of the United Nations
Security Council adopted
after September 12, 2002,
that requires the
elimination of Iraq’s
weapons of mass
destruction and ballistic
missiles with ranges
exceeding 150 kilometers,
and the means of
producing such weapons
and missiles.”
(3) For purposes of this
subsection, a qualifying
Member is –
(A) in the case of the
CRS-49
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
House of Representatives,
the majority leader or
minority leader of the
House of Representatives;
and
(B) in the case of the
Senate, the majority leader
or minority leader of the
Senate.
(b) Placement on
Calendar. – Upon
introduction in either
House of a resolution
described in subsection (a),
the resolution shall be
placed on the appropriate
calendar of the House
involved.
(c) Consideration in the
House of Representatives.
– (1) A resolution
described in subsection (a)
shall be considered in the
House of Representatives
in accordance with the
CRS-50
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
provisions of this
subsection.
(2) On or after the first
legislative day after the
day on which such a
resolution is introduced, it
is in order (even through a
previous motion to the
same effect has been
disagreed to) for any
Member of the House of
representatives to move to
proceed to the
consideration of the
resolution. All points of
order against the resolution
(and against consideration
of the resolution) are
waived. Such a motion is
privileged and is not
debatable. An amendment
to the motion is not in
order. It shall not be in
order to move to postpone
the motion or to proceed to
CRS-51
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
the consideration of other
business. A motion to
reconsider the vote by
which the motion is agreed
to or disagreed to shall not
be in order. If a motion to
proceed to the
consideration of the
resolution is agreed to, the
House of Representatives
shall immediately proceed
to consideration of the
resolution without
intervening motion, and
the resolution shall remain
the unfinished business of
the House of
Representatives until
disposed of.
(3) Debate on the
resolution shall be limited
to not more than a total of
20 hours, which shall be
divided equally between
the majority leader and the
CRS-52
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
minority leader or their
designees. A motion to
further limit debate is not
debatable. An amendment
to, or motion to recommit,
the resolution is not in
order.
(6) [sic] Immediately
following the conclusion
of the debate on the
resolution, the vote on
final passage of the
resolution shall occur.
(7) [sic] A motion to
reconsider the vote by
which the resolution is
agreed to or disagreed to is
not in order.
(d) Consideration in
Senate. – (1) A resolution
described in subsection (a)
shall be considered in the
Senate in accordance with
the provisions of this
subsection.
CRS-53
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
(2) On or after the first
legislative day after the
day on which such a
resolution is introduced,
such a resolution, it is in
order (even though a
previous motion to the
same effect has been
disagreed to) for any
Member of the Senate to
move to proceed to the
consideration of the
resolution. All points of
order against the resolution
(and against consideration
of the resolution) are
waived. The motion is
privileged and is not
debatable. The motion is
not subject to amendment,
or to a motion to postpone,
or to a motion to proceed
to the consideration of
other business. A motion
to reconsider the vote by
CRS-54
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
which the motion is agreed
to or disagreed to shall not
be in order. If a motion to
proceed to the
consideration of the
resolution is agreed to, the
Senate shall immediately
proceed to consideration of
the resolution without
intervening motion, order,
or other business, and the
resolution shall remain the
unfinished business of the
Senate until disposed of.
(3) Debate on the
resolution, and on all
debatable motions and
appeals in connection
therewith, shall be limited
to not more than a total of
20 hours, which shall be
divided equally between
the majority leader and the
minority leader or their
designees. A motion to
CRS-55
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
further limit debate is not
debatable. An amendment
to, or motion to recommit,
the resolution is not in
order.
(6) [sic] Immediately
following the conclusion
of the debate on a
resolution and a single
quorum call at the
conclusion of the debate if
requested in accordance
with the rules of the
Senate, the vote on final
passage of the resolution
shall occur.
(7) [sic] A motion to
reconsider the vote by
which the resolution is
agreed to or disagreed to is
not in order.
(8) [sic] Appeals from
the decisions of the Chair
relating to the application
of the rules of the Senate to
CRS-56
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
the procedure relating to a
resolution described in
subsection (a) shall be
decided without debate.
(e) Action on Measure
from Other House. – (1) If,
before the passage by one
House of a resolution of
that House described in
subsection (a), that House
receives from the other
House a resolution
described in subsection (a),
then the following
procedures shall apply:
(A) The resolution of
the other House shall not
be referred to a committee
and may not be considered
in the House receiving it
except as provided in
subparagraph (B)(ii).
(B) With respect to a
resolution described in
subsection (a) of the House
CRS-57
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
receiving the resolution –
(i) the procedure in that
House shall be the same as
if no resolution had been
received from the other
House; but
(ii) the vote on final
passage shall be on the
resolution of the other
House.
(2) Upon disposition
pursuant to paragraph
(1)(B)(ii) of a resolution
described in subsection (a)
that is received by one
House from the other
House, it shall no longer be
in order to consider such a
resolution that was
introduced in the receiving
House.
(f) Legislative Day
Defined. – For the
purposes of this section,
with respect to either
CRS-58
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
House of Congress, a
legislative day is a
calendar day on which that
House is in session.
(g) Section Enacted as
Exercise of Rule-Making
Power of the Two Houses.
– The provisions of this
section (other than
subsection (h) are enacted
by the Congress –
(1) as an exercise of the
rulemaking power of the
House of Representatives
and the Senate,
respectively, and, as such,
shall be considered as part
of the rules of either House
and shall supersede other
rules only to the extent
they are inconsistent
therewith; and
(2) with full recognition
of the constitutional right
of either House to change
CRS-59
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
the rules (so far as they
relate to the procedures of
that House) at any time, in
the same manner, and to
the same extent as in the
case of any other rule of
that House.
(h) Presidential Recall
of Congress. - In the event
that Congress is not in
session upon submission of
a Presidential certification
under section 4, the
President is authorized to
convene a special session
of the Congress to allow
consideration of a joint
resolution under this
section.
No equivalent language.
Sec. 8. Inherent Right to
No equivalent language.
No equivalent language.
No equivalent language.
Self-Defense.
 Nothing in this joint
resolution is intended to
derogate or otherwise limit
CRS-60
Public Law 107-243
[H.J.Res. 114]
S.J.Res. 45
S.J.Res. ––
S.J.Res. ––
[Hastert-Gephardt]
Spratt amendment
[Daschle-Lott]
[Biden-Lugar]
[Levin]
as signed into law 10/16/02
in draft form, 10/7/02
as placed on Senate
in draft form, 9/30/02
in draft form, 10/4/02
[S.J.Res. 46 nearly
Calendar 9/30/02
identical]
the authority of the
President to use military
force in self-defense
pursuant to the
Constitution of the United
States and the War Powers
Resolution.
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