[105th Congress Public Law 338]
[From the U.S. Government Printing Office]
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[DOCID: f:publ338.105]
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IRAQ LIBERATION ACT OF 1998
[[Page 112 STAT. 3178]]
Public Law 105-338
105th Congress
An Act
To establish a program to support a transition to democracy in
Iraq. <<NOTE: Oct. 31, 1998 - [H.R. 4655]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Iraq Liberation Act of
1998.>> assembled,
SECTION 1. <<NOTE: 22 USC 2151 note.>> SHORT TITLE.
This Act may be cited as the ``Iraq Liberation Act of 1998''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) On September 22, 1980, Iraq invaded Iran, starting an 8
year war in which Iraq employed chemical weapons against Iranian
troops and ballistic missiles against Iranian cities.
(2) In February 1988, Iraq forcibly relocated Kurdish
civilians from their home villages in the Anfal campaign,
killing an estimated 50,000 to 180,000 Kurds.
(3) On March 16, 1988, Iraq used chemical weapons against
Iraqi Kurdish civilian opponents in the town of Halabja, killing
an estimated 5,000 Kurds and causing numerous birth defects that
affect the town today.
(4) On August 2, 1990, Iraq invaded and began a 7 month
occupation of Kuwait, killing and committing numerous abuses
against Kuwaiti civilians, and setting Kuwait's oil wells ablaze
upon retreat.
(5) Hostilities in Operation Desert Storm ended on February
28, 1991, and Iraq subsequently accepted the ceasefire
conditions specified in United Nations Security Council
Resolution 687 (April 3, 1991) requiring Iraq, among other
things, to disclose fully and permit the dismantlement of its
weapons of mass destruction programs and submit to long-term
monitoring and verification of such dismantlement.
(6) <<NOTE: George Bush.>> In April 1993, Iraq orchestrated
a failed plot to assassinate former President George Bush during
his April 14-16, 1993, visit to Kuwait.
(7) In October 1994, Iraq moved 80,000 troops to areas near
the border with Kuwait, posing an imminent threat of a renewed
invasion of or attack against Kuwait.
(8) On August 31, 1996, Iraq suppressed many of its
opponents by helping one Kurdish faction capture Irbil, the seat
of the Kurdish regional government.
(9) Since March 1996, Iraq has systematically sought to deny
weapons inspectors from the United Nations Special Commission on
Iraq (UNSCOM) access to key facilities and documents, has on
several occasions endangered the safe operation of UNSCOM
helicopters transporting UNSCOM personnel
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in Iraq, and has persisted in a pattern of deception and
concealment regarding the history of its weapons of mass
destruction programs.
(10) On August 5, 1998, Iraq ceased all cooperation with
UNSCOM, and subsequently threatened to end long-term monitoring
activities by the International Atomic Energy Agency and UNSCOM.
(11) <<NOTE: William Clinton.>> On August 14, 1998,
President Clinton signed Public Law 105-235, which declared that
``the Government of Iraq is in material and unacceptable breach
of its international obligations'' and urged the President ``to
take appropriate action, in accordance with the Constitution and
relevant laws of the United States, to bring Iraq into
compliance with its international obligations.''.
(12) On May 1, 1998, President Clinton signed Public Law
105-174, which made $5,000,000 available for assistance to the
Iraqi democratic opposition for such activities as organization,
training, communication and dissemination of information,
developing and implementing agreements among opposition groups,
compiling information to support the indictment of Iraqi
officials for war crimes, and for related purposes.
SEC. 3. <<NOTE: Saddam Hussein.>> SENSE OF THE CONGRESS REGARDING UNITED
STATES POLICY TOWARD IRAQ.
It should be the policy of the United States to support efforts to
remove the regime headed by Saddam Hussein from power in Iraq and to
promote the emergence of a democratic government to replace that regime.
SEC. 4. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN IRAQ.
(a) Authority To Provide Assistance.--The President may provide to
the Iraqi democratic opposition organizations designated in accordance
with section 5 the following assistance:
(1) Broadcasting assistance.--(A) Grant assistance to such
organizations for radio and television broadcasting by such
organizations to Iraq.
(B) <<NOTE: Appropriation authorization.>> There is
authorized to be appropriated to the United States Information
Agency $2,000,000 for fiscal year 1999 to carry out this
paragraph.
(2) Military <<NOTE: President.>> assistance.--(A) The
President is authorized to direct the drawdown of defense
articles from the stocks of the Department of Defense, defense
services of the Department of Defense, and military education
and training for such organizations.
(B) The aggregate value (as defined in section 644(m) of the
Foreign Assistance Act of 1961) of assistance provided under
this paragraph may not exceed $97,000,000.
(b) Humanitarian Assistance.--The Congress urges the President to
use existing authorities under the Foreign Assistance Act of 1961 to
provide humanitarian assistance to individuals living in areas of Iraq
controlled by organizations designated in accordance with section 5,
with emphasis on addressing the needs of individuals who have fled to
such areas from areas under the control of the Saddam Hussein regime.
(c) Restriction on Assistance.--No assistance under this
section shall be provided to any group within an organization designated
in accordance with section 5 which group is, at the time
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the assistance is to be provided, engaged in military cooperation with
the Saddam Hussein regime.
(d) Notification <<NOTE: President.>> Requirement.--The President
shall notify the congressional committees specified in section 634A of
the Foreign Assistance Act of 1961 at least 15 days in advance of each
obligation of assistance under this section in accordance with the
procedures applicable to reprogramming notifications under section 634A.
(e) Reimbursement Relating to Military Assistance.--
(1) In general.--Defense articles, defense services, and
military education and training provided under subsection (a)(2)
shall be made available without reimbursement to the Department
of Defense except to the extent that funds are appropriated
pursuant to paragraph (2).
(2) Authorization of appropriations.--There are authorized
to be appropriated to the President for each of the fiscal years
1998 and 1999 such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for the value (as
defined in section 644(m) of the Foreign Assistance Act of 1961)
of defense articles, defense services, or military education and
training provided under subsection (a)(2).
(f ) Availability of Funds.--(1) Amounts authorized to be
appropriated under this section are authorized to remain available until
expended.
(2) Amounts authorized to be appropriated under this section are in
addition to amounts otherwise available for the purposes described in
this section.
(g) Authority To Provide Assistance.--Activities under this section
(including activities of the nature described in subsection (b)) may be
undertaken notwithstanding any other provision of law.
SEC. 5. <<NOTE: President.>> DESIGNATION OF IRAQI DEMOCRATIC OPPOSITION
ORGANIZATION.
(a) Initial <<NOTE: Deadline.>> Designation.--Not later than 90 days
after the date of the enactment of this Act, the President shall
designate one or more Iraqi democratic opposition organizations that the
President determines satisfy the criteria set forth in subsection (c) as
eligible to receive assistance under section 4.
(b) Designation of Additional Organizations.--At any time subsequent
to the initial designation pursuant to subsection (a), the President may
designate one or more additional Iraqi democratic opposition
organizations that the President determines satisfy the criteria set
forth in subsection (c) as eligible to receive assistance under section
4.
(c) Criteria for Designation.--In designating an organization
pursuant to this section, the President shall consider only
organizations that--
(1) include a broad spectrum of Iraqi individuals, groups,
or both, opposed to the Saddam Hussein regime; and
(2) are committed to democratic values, to respect for human
rights, to peaceful relations with Iraq's neighbors, to
maintaining Iraq's territorial integrity, and to fostering
cooperation among democratic opponents of the Saddam Hussein
regime.
(d) Notification Requirement.--At least 15 days in advance of
designating an Iraqi democratic opposition organization pursuant
[[Page 112 STAT. 3181]]
to this section, the President shall notify the congressional committees
specified in section 634A of the Foreign Assistance Act of 1961 of his
proposed designation in accordance with the procedures applicable to
reprogramming notifications under section 634A.
SEC. 6. <<NOTE: Saddam Hussein.>> WAR CRIMES TRIBUNAL FOR IRAQ.
Consistent with section 301 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (Public Law 102-138), House Concurrent
Resolution 137, 105th Congress (approved by the House of Representatives
on November 13, 1997), and Senate Concurrent Resolution 78, 105th
Congress (approved by the Senate on March 13, 1998), the Congress urges
the President to call upon the United Nations to establish an
international criminal tribunal for the purpose of indicting,
prosecuting, and imprisoning Saddam Hussein and other Iraqi officials
who are responsible for crimes against humanity, genocide, and other
criminal violations of international law.
SEC. 7. ASSISTANCE FOR IRAQ UPON REPLACEMENT OF SADDAM
HUSSEIN REGIME.
It is the sense of the Congress that once the Saddam Hussein regime
is removed from power in Iraq, the United States should support Iraq's
transition to democracy by providing immediate and substantial
humanitarian assistance to the Iraqi people, by providing democracy
transition assistance to Iraqi parties and movements with democratic
goals, and by convening Iraq's foreign creditors to develop a
multilateral response to Iraq's foreign debt incurred by Saddam
Hussein's regime.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to authorize or otherwise
speak to the use of United States Armed Forces (except as provided in
section 4(a)(2)) in carrying out this Act.
Approved October 31, 1998.
LEGISLATIVE HISTORY--H.R. 4655:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 5, considered and passed House.
Oct. 7, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Oct. 31, Presidential statement.
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