Iraq Liberation Act of 1998
To establish a program to support a transition to democracy in Iraq.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. 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) In April 1993, Iraq orchestrated a failed plot to assassinate
former President George Bush during his April 14-16, 1993, visit to
(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
(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 in Iraq, and has persisted in a pattern of deception and
concealment regarding the history of its weapons of mass destruction
(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) 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
SEC. 3. 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) 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 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 the assistance is
to be provided, engaged in military cooperation with the Saddam Hussein
(d) NOTIFICATION 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
(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. DESIGNATION OF IRAQI
DEMOCRATIC OPPOSITION ORGANIZATION.
(a) INITIAL 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
(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 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. 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
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.