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H.Doc.108-24 PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO TERRORISTS ...
108th Congress, 1st Session - - - - - - - - - - - - - House Document 108-23 REPORT ON MATTERS RELEVANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002 __________ COMMUNICATION from THE PRESIDENT OF THE UNITED STATES transmitting A REPORT ON MATTERS RELEVANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002, PUBLIC LAW 107-243 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] January 28, 2003.--Referred to the Committee on International Relations and ordered to be printed The White House, Washington, January 20, 2003. Hon. J. Dennis Hastert, Speaker of the House of Representatives, Washington, DC. Dear Mr. Speaker: Pursuant to the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107- 243) and as part of my effort to keep the Congress fully informed, I am providing a report prepared by my Administration on matters relevant to that Resolution including on the status of efforts to obtain Iraq's compliance with the resolutions adopted by the United Nations Security Council. Information required by section 3 of the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1) is and will be included in this and subsequent reports. Sincerely, George W. Bush. Report to Congress on Matters Relevant to the Authorization for Use of Military Force Against Iraq Resolution of 2002 SCOPE This report is made pursuant to the Authorization for the Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243). It reports on matters relevant to that Resolution including on the status of efforts to obtain Iraq's compliance with the resolutions adopted by the United Nations Security Council. Information required by section 3 of the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1) is included in this report. The report covers events up to December 15, 2002. OVERVIEW As long as Saddam Hussein remains remains in power and in defiance of United Nations Security Council (UNSC) resolutions, he threatens the well-being of the Iraqi people, the peace and security of the region, and vital U.S. interests. Before the United Nations General Assembly on September 12, the President challenged the U.N. to address Iraq's systematic violations of UNSC resolutions and to compel Iraq's disarmament of weapons of mass destruction (WMD). In response to the President's address, on November 8, the UNSC unanimously adopted Resolution 1441, which declares that ``Iraq has been and remains in materials breach of its obligations under relevant resolutions,'' sets up ``an enhanced inspection regime with the aim of bringing to full and verified completion the disarmament process,'' affords Iraq a ``final opportunity to comply with its disarmament obligations,'' and recalls that the UNSC has repeatedly ``warned Iraq that it will face serious consequences as a result of its continued violations of its obligations.'' Under UNSCR 1441, weapons inspections resumed in Iraq on November 27, the first inspections since 1998, when Iraqi noncompliance made it impossible for them to carry out their duties. If is not, however, the United Nations' burden to prove Iraq's non-compliance. On the contrary, the burden is on Iraq to provide verifiable evidence of its disarmament as required by numerous UNSC resolutions. As UNMOVIC Executive Director Hans Blix has said, ``I have consistently taken the view that Iraq must either present existing proscribed items and programmes for elimination or provide credible evidence that they have been eliminated. It is not enough just to open doors to inspectors.'' Thus, the United Nations Monitoring Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency's (IAEA) Iraq Action Team cannot fulfill their disarmament mission unless Iraq cooperates fully and immediately by bringing forward verifiable evidence of disarmament. While we hope that Iraq will comply with UNSC resolutions requiring WMD disarmament, we are prepared, if necessary to lead a coalition to use force to ride Iraq of its WMD capabilities. In order to allow the President to retain as much flexibility as possible in dealing with this situation, we are continuing to build up our forces in the region. We continue to support the Iraqi opposition as part of our program to back transition to a more representative government in Iraq. As part of that effort, the Iraqi National Congress (INC) and other groups continue to be funded for a variety of activities by the State Department, and continue to receive training under the drawdown authority of the Iraq Liberation Act (ILA). We continue to help maintain No-Fly Zones over northern and southern Iraq to uphold vital UNSC resolutions and to ensure the safety of Iraq's persecuted ethnic and religious groups and Iraq's neighbors. Ambassador Yuli Vorontsov, the Secretary General's high- level coordinator for Kuwait issues, presented his periodic report on Kuwaiti and third-country national prisoners and stolen Kuwaiti property in December. This report demonstrates Iraq's continuing failure to comply fully with its obligations under relevant UNSC resolutions. The Iraqi Government, in a departure from its standard practice of denying Ambassador Vorontsov entry to the country, has invited him to Baghdad in January for consultations. The Iraqi regime continues to undermine the Oil for Food (OFF) program, which the Security Council designed to provide for the humanitarian needs of the Iraqi people and to keep Iraq's oil revenues out of Saddam Hussein's control. Baghdad smuggles large amounts of oil outside theprogram in order to obtain unregulated funds to support WMD programs, rebuild its military, reward regime supporters, and maintain Iraq's extensive security apparatus. The Iraqi regime has also on occasion ceased oil sales under the program and has repeatedly demanded illegal surcharges from oil lifters. The United States, with the United Kingdom, has been responsible for the institution of a retroactive pricing policy that has effectively curtailed Baghdad's ability to demand a surcharge, and maintains a naval presence in the Gulf to interdict oil smugglers (see below). UNMOVIC/IAEA: Weapons of Mass Destruction Iraq's continued defiance of the international community's will, as demonstrated by its failure to comply with relevant UNSC resolutions, caused a four-year absence of weapons inspectors and no progress in addressing Iraq's outstanding disarmament obligations. Iraq remains in violation of its obligations to end its programs to develop WMD and ballistic missiles with ranges exceeding 150 kilometers. Since 1998, Iraq has maintained its chemical weapons effort, energized its missile program, and invested more heavily in biological weapons; most analysts assess that Iraq is reconstituting its nuclear weapons program. Following President Bush's address to the U.N. General Assembly and the unanimous passage of UNSC Resolution 1441, Iraq accepted the return of U.N. weapons inspectors, who resumed their work in Iraq on November 27. We continue to consult regularly with UNMOVIC's Dr. Hans Blix and IAEA's Dr. Mohamed Al Baradei, and Mr. Jacques Baute and their staffs to provide the best support possible. The President and other high officials have met with UNMOVIC and IAEA leadership and we maintain working-level and higher-level contacts. Both UNMOVIC and the IAEA reaffirmed their requests for United States Government assistance, particularly technical, logistical, and information support. At the President's direction, we are actively providing intelligence, technical, and personnel and training support. Intelligence support has included briefings on Iraq's WMD programs, inspection concepts and strategies, counterintelligence information, and meeting specific requests from inspectors, such as the provision of maps. Technical support has included offers of aerial surveillance, lab equipment and services, sampling equipment, and communications equipment. We have offered training to the inspectors as well as suggested candidates for hire and provided others for temporary duty. So far, however, there are no signs that the regime has taken the decision to make a strategic shift in its approach and to give up its WMD. Indeed, there are many troubling and serious signs that it has no intention to disarm at all. The first day inspections resumed, air raid sirens sounded in Baghdad, apparently to warn that the inspectors had begun their work. Indeed, the first inspection was delayed by the actions of an Iraqi ``minder.'' Even more serious is Iraq's response to UNSCR 1441's requirement that Iraq make a ``currently accurate, full, and complete'' declaration of its weapons of mass destruction activities. Iraq's declaration was incomplete and inaccurate. The December 7, 2002 declaration was padded with reams of extraneous material, but failed to address scores of questions pending since 1998. It seeks to deceive when it says that Iraq has no ongoing WMD programs. Illustrative examples--but not a complete list--of Iraq's omissions identified as issues by UNSCOM include: 550 artillery munitions filled with mustard agent; 400 R-400 aerial bombs capable of delivering biological agent; tons of unaccounted for chemical weapons precursors; 30,000 empty chemical munitions; tens of thousands of liters of unaccounted biological agents. The report also failed to deal with issues which have arisen since 1998, including: mobile biological weapons laboratories; missiles and associated facilities which violate the U.N.-mandated 150km range limit; unmanned aerial vehicle programs associated with WMD; and attempts to acquire uranium and the means to enrich it. In short, we have not seen anything that indicates that the Iraqi regime has made a strategic decision to disarm. On the contrary, we believe that Iraq is actively working to disrupt, deny, and defeat inspection efforts. Given the false Iraqi declaration, the inspectors should focus their efforts on auditing the gaps and inaccuracies of the Iraqi declaration using all the tools at theirdisposal including: the right to ``immediate, unimpeded, unrestricted, and private access to all officials or other persons * * * inside or outside Iraq;'' the right to ``free and unrestricted use'' of aerial reconnaissance vehicles; and the right to ``immediate, unimpeded, unconditional, and unrestricted access'' to any and all buildings, equipment, and records. The United States stands ready to support the inspectors in this effort. U.S. and Coalition Force Levels in the Gulf Region Saddam Hussein's record of aggressive behavior necessitates the continued deployment of an increasingly capable force in the region in order to deter Baghdad and respond to its reconstitution of its WMD programs, respond to any movement against the Kurds in northern Iraq or the Shia in southern Iraq, and respond to any threat it might pose to its neighbors. We are continuing to build up our forces in the region to support our diplomatic effort to convince the Iraqi regime to disarm voluntarily and to ensure that the President has as much flexibility as possible in the event that Iraq must be disarmed by force. While we hope that Iraq will comply voluntarily with UNSC resolutions concerning WMD disarmament, we are prepared, if necessary, to lead a ``coalition of the willing'' to use force to rid Iraq of its WMD capabilities. In this regard, we have received offers of support from many other nations, to include military assistance both during and after a possible conflict, as well as humanitarian and economic aid in helping to rebuild Iraq. The Iraqi Opposition We continue to support the Iraqi opposition, helping Iraqis inside and outside Iraq to become a more effective voice for the Iraqi people, and working to build support for the forces of change inside the country. They are working toward the day when Iraq has a government worthy of its people--a government prepared to live in peace with its people and its neighbors. The Iraqi opposition held a broad-based conference in London from December 14 to 17, 2002. The Administration was in close touch with a wide range of opposition groups as planning for this event moved forward, and during the conference itself. Over 340 Iraqi delegates attended and included representatives of almost all major Iraqi opposition groups. The conference produced a political statement and a statement on the post- Saddam transition period, and formed a 65-member Advisory Committee that plans to hold its initial meeting in early 2003. In November, the INC signed a new grant agreement with the Department of State that will fund INC headquarters operations and satellite offices in Tehran, Prague and Damascus, increase funding for the INC's satellite television broadcasting into Iraq, increase funding for the production and distribution of the INC's newspaper, plan for the delivery of humanitarian relief to Iraqis in need, cover June and July expenses for the INC's Information Collection Program, and manage assistance provided to the INC under the ILA. The grant will cover INC expenses from June 2002 to January 2003. The President has directed the drawdown of the remaining $92 million available in assistance under the ILA. In addition, the United States has designated six new opposition groups as authorized recipients of drawdown assistance under the ILA, and removed one opposition party from the list. Future of Iraq Should it become necessary for the United States and coalition armed forces to take military action against Iraq, the United States, together with its coalition partners, will play a role in helping to meet the humanitarian, reconstruction, and administrative challenges facing the country in the immediate aftermath of a conflict. We will also be responsible for securing the elimination of WMD capabilities and stockpiles. We will work to transfer authority as soon as practical to the Iraqis themselves, initially in an advisory
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