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