S.Amdt. 3424

1. Adds TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ at the end of division A

   Adds a title

   In S. 2400 · Placed on Calendar Senate

   "(2) The budget justification materials submitted to Congress in support of the Department of Defense budget for the fiscal year succeeding such fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code).".

   Inserted: TITLE XIII--AUTHORIZED USES OF FORCE IN IRAQ

   Inserted: SEC. 1301. SHORT TITLE.

   Inserted: This title may be cited as the "Authorization for Multilateral Iraq Stabilization Force Act of 2004".

   Inserted: SEC. 1302. FINDINGS.

   Inserted: Congress makes the following findings:

   Inserted: (1) On October 16, 2002, the President signed into law the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243).

   Inserted: (2) On March 19, 2003, the United States Armed Forces commenced military operations against the authoritarian regime of Saddam Hussein.

   Inserted: (3) More than 225,000 members of the United States Armed Forces, and thousands more troops from coalition countries, carried out Operation Iraqi Freedom with courage and determination, swiftly defeating the enemy on the battlefield.

   Inserted: (4) The regime of Saddam Hussein fell on April 11, 2003, creating an opportunity for the Iraqi people to build a government free from despotism.

   Inserted: (5) On May 1, 2003, the President announced an end to major combat operations, signaling the beginning of the transition to an Iraq that is free from the tyranny of Saddam Hussein.

   Inserted: (6) On May 8, 2003, the United States and the United Kingdom, by a letter to the President of the United Nations Security Council, recognized their specific authorities, responsibilities, and obligations in Iraq under international law as occupying powers under unified command.

   Inserted: (7) The situation in Iraq has remained extremely dangerous since the end of major combat operations in Iraq, and violence has claimed the lives of hundreds of members of the United States Armed Forces and unknown numbers of Iraqi civilians.

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   Inserted: (8) On June 30, 2004, the restoration of Iraq sovereignty and the end of the occupation government means that the status of the United States-led military coalition has changed, and its continued presence in Iraq will be subject to the consent of the Iraq government, the mandate of the United Nations Security Council, or both.

   Inserted: (9) The Prime Minister, the President, and the Foreign Minister of Iraq, who have been chosen to lead the interim Iraq government, have all cited the need for the continued presence in Iraq of the United States-led coalition and the approval of a new United Nations Security Council resolution with a mandate for a multinational force to assist in stabilizing Iraq.

   Inserted: (10) There is a need for Congress to enact a new authorization for the use of the United States Armed Forces in Iraq to recognize the restoration of Iraq sovereignty and the end of the occupation government of Iraq, and to send a message to the people of Iraq that the United States does not desire to maintain a military presence in Iraq for any longer than necessary.

   Inserted: (11) The Constitution provides that the President shall serve as Commander in Chief of the Army and Navy, but also that Congress has ultimate authority, under Article I, Section 8, over the power to declare war and authorize the use of military force.

   Inserted: SEC. 1303. CONGRESSIONAL POLICY ON THE GOVERNMENT OF IRAQ.

   Inserted: Congress--

   Inserted: (1) supports the transfer planned for June 30, 2004, of the governing authority in Iraq from the Coalition Provisional Authority to a newly constituted Iraq government;

   Inserted: (2) endorses the sovereignty of a new Iraq government that has the broad support of the Iraqi people, planned to take office on that date;

   Inserted: (3) encourages the United Nations to work with the interim Iraq government to promote the process for holding free and democratic elections to establish a constitutional Iraq government; and

   Inserted: (4) supports the adoption of a United Nations Security Council resolution that--

   Inserted: (A) supports the planned transfer of governing authority in Iraq; and

   Inserted: (B) authorizes a multinational force, of a substantially multinational character under unified command, to assist in securing Iraq; and

   Inserted: (5) encourages the North Atlantic Council, the North Atlantic Treaty Organization (NATO) member countries, and other countries to commit to provide increase support to assist Iraq authorities in providing security and stability in Iraq, including the deployment of additional troops for such efforts.

   Inserted: SEC. 1304. AUTHORIZATION FOR MULTILATERAL IRAQ STABILIZATION FORCE.

   Inserted: (a) Authorization.--The President is authorized to use the United States Armed Forces on and after July 1, 2004, to participate in a multinational force created under a new United Nations Security Council resolution 1547 to assist Iraq authorities in providing security and stability in Iraq.

   Inserted: (b) Sunset of Authority.--The authority in subsection (a) shall expire when--

   Inserted: (1) the President determines and certifies to Congress that Iraq forces have assumed authority for security in Iraq;

   Inserted: (2) the President determines and certifies to Congress that foreign military forces or international organizations have assumed responsibility for stabilization efforts in Iraq;

   Inserted: (3) the President determines and certifies to Congress that the Iraq government has requested that United States forces or the United Nations-created multinational force withdraw from Iraq; or

   Inserted: (4) Congress enacts an Act providing for the termination of the authority.

   Inserted: (c) Limitation on Placement of Members of the Armed Forces Outside United States Chain of Command.--No member of the United States Armed Forces deployed under the authority in subsection (a) may be placed outside the chain of command of the United States Armed Forces unless the President certifies to Congress that the national security interests of the United States require the placement of such member outside such chain of command.

   Inserted: (d) War Powers Resolution Requirements.--

   Inserted: (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.

   Inserted: (2) Applicability of other requirements.--Nothing in this resolution supersedes any requirement of the War Powers Resolution.

   Inserted: (e) Construction of Authority.--Nothing in this title shall be construed to authorize the use of the United States Armed Forces to carry out offensive combat operations in any country other than Iraq.

   Inserted: (f) Relationship to Other Authority.--The authority in subsection (a) shall supersede any prior authorization for the use of the United States Armed Forces in or against Iraq, effective July 1, 2004.

   Inserted: SEC. 1305. SENSE OF CONGRESS ON UNITED STATES POLICIES TOWARD IRAQ.

   Inserted: It is the sense of Congress that--

   Inserted: (1) the end of the regime of Saddam Hussein presents an opportunity for the Iraqi people to build a new government;

   Inserted: (2) the United States should reassess its laws and policies that were intended to apply to the government of Saddam Hussein, to determine whether those laws and policies should still apply to a new government in Iraq;

   Inserted: (3) the crimes of Saddam Hussein's government should not be forgotten, but that the new authorities in Iraq should be afforded a fresh start to establish a government under principles consistent with international standards of behavior; and

   Inserted: (4) the President should work with the United Nations Security Council to effect the sunset of prior Security Council resolutions that placed punitive obligations upon the government of Saddam Hussein, so as to insure that a new Iraqi government is not unfairly burdened or prejudiced by the actions of the prior regime.

   Inserted: SEC. 1306. REPORTS.

   Inserted: (a) Reports.--Not later than 60 days after the date of the enactment of this Act, and every 60 days thereafter, the President shall submit to Congress a report on matters related to the use of force under the authorization in section 1304.

   Inserted: (b) Elements.--Each report under subsection (a) shall include--

   Inserted: (1) an assessment of the capability of Iraq authorities to achieve full sovereignty, including responsibility for security;

   Inserted: (2) an assessment of the state of Iraq security forces, including military, police, and civil defense forces, and a detailed, updated plan for training such forces;

   Inserted: (3) an accounting of foreign forces and international organizations assisting in the stabilization of Iraq, and the amount and type of any assistance provided to facilitate the participation of such forces in such efforts;

   Inserted: (4) a review of developments relating to efforts to achieve additional contributions of troops from foreign countries for the stabilization of Iraq; and

   Inserted: (5) an assessment of developments relating to preparations for elections in Iraq, including information on any potential delays in the schedule for such elections.

   Original wording

   At the end of division A, add the following:

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As printed