H.J.Res. 77 (102nd): Authorization for Use of Military Force Against Iraq Resolution

102nd Congress, 1991–1992. Text as of Jan 14, 1991 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

PUBLIC LAW 102-1—JAN. 14, 1991                                  105 STAT. 3
Public Law 102-1
102d Congress
                           Joint Resolution
To authorize the use of United States Armed Forces pursuant to United Nations    Jan. 14, 1991
                        Security Council Resolution 678.                         [H.J. Res. 77]
Whereas the Government of Iraq without provocation invaded and 50 u s e 1541
  occupied the territory of Kuwait on August 2,1990;                   note.
Whereas both the House of Representatives (in H.J. Res. 658 of the
  101st Congress) and the Senate (in S. Con. Res. 147 of the 101st
  Congress) have condemned Iraq's invasion of Kuwait and declared
  their support for international action to reverse Iraq's aggression;
Whereas, Iraq's conventional, chemical, biological, and nuclear
  weapons and ballistic missile programs and its demonstrated
  willingness to use weapons of mass destruction pose a grave threat
  to world peace;
Whereas the international community has demanded that Iraq
  withdraw unconditionally and immediately from Kuwait and that
  Kuwait's independence and legitimate government be restored;
Whereas the United Nations Security Council repeatedly affirmed
  the inherent right of individual or collective self-defense in re-
  sponse to the armed attack by Iraq against Kuwait in accordance
  with Article 51 of the United Nations Charter;
Whereas, in the absence of full compliance by Iraq with its resolu-
  tions, the United Nations Security Council in Resolution 678 has
  authorized member states of the United Nations to use all nec-
  essary means, after January 15,1991, to uphold and implement all
  relevant Security Council resolutions and to restore international
  peace and security in the area; and
Whereas Iraq has persisted in its illegal occupation of, and brutal
  aggression against Kuwait: Now, therefore, be it
  Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,                               Authorization
                                                                      for Use of
SECTION 1. SHORT TITLE.                                               Military Force
                                                                      Against Iraq
  This joint resolution may be cited as the "Authorization for Use of Resolution.
Military Force Against Iraq Resolution",                              Kuwait.
                                                                      50 u s e 1541
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.          note.
                                                                      President.
  (a) AUTHORIZATION.—The President is authorized, subject to 50 u s e 1541
subsection QoX to use United States Armed Forces pursuant to note.
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.
  (b) REQUIREMENT FOR DETERMINATION THAT U S E OF MILITARY
FORCE Is NECESSARY.—Before exercising the authority granted in
subsection (a), the President shall make available to the Speaker of
the House of Representatives and the President pro tempore of the
Senate his determination that—
      (1) the United States has used all appropriate diplomatic and
    other peaceful means to obtain compliance by Iraq with the

105 STAT. 4 PUBLIC L A W 102-1—JAN. 14, 1991 United Nations Security Council resolutions cited in subsection (a); and (2) that those efforts have not been and would not be success- ful in obtaining such compliance, (c) WAR POWERS RESOLUTION REQUIREMENTS.— (1) SPECIFIC STATUTORY AUTHORIZATION.—Consistent with sec- tion 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) APPLICABIUTY OF OTHER REQUIREMENTS.—Nothing in this resolution supersedes any requirement of the War Powers Reso- lution. President. SEC. 3. REPORTS TO CONGRESS. note. At least once every 60 days, the President shall submit to the Congress a summary on the status of efforts to obtain compliance by Iraq with the resolutions adopted by the United Nations Security Council in response to Iraq's aggression. Approved January 14, 1991. LEGISLATIVE HISTORY—H.J. Res. 77 (S.J. Res. 2): CONGRESSIONAL RECORD, Vol. 137 (1991): Jan. 12, S.J. Res. 2 considered and passed Senate. H.J. Res. 77 considered and passed House and Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): Jan. 14, Presidential statement.