105TH CONGRESS
2D SESSION
H. R. 4655
AN ACT
To establish a program to support a transition to
democracy in Iraq.
105TH CONGRESS
2D SESSION
H. R. 4655
AN ACT
To establish a program to support a transition to democracy
in Iraq.
Be it enacted by the Senate and House of Representa-
tives 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 eight year war in which Iraq employed
chemical weapons against Iranian troops and ballis-
tic 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 af-
fect the town today.
(4) On August 2, 1990, Iraq invaded and began
a seven month occupation of Kuwait, killing and
committing numerous abuses against Kuwaiti civil-
ians, and setting Kuwait’s oil wells ablaze upon re-
treat.
(5) Hostilities in Operation Desert Storm ended
on February 28, 1991, and Iraq subsequently ac-
cepted the ceasefire conditions specified in United
ception and concealment regarding the history of its
weapons of mass destruction programs.
(10) On August 5, 1998, Iraq ceased all co-
operation with UNSCOM, and subsequently threat-
ened 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 unac-
ceptable 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 avail-
able for assistance to the Iraqi democratic opposition
for such activities as organization, training, commu-
nication and dissemination of information, develop-
ing and implementing agreements among opposition
groups, compiling information to support the indict-
ment of Iraqi officials for war crimes, and for relat-
ed purposes.
SEC. 3. SENSE OF CONGRESS REGARDING UNITED STATES
POLICY TOWARD IRAQ.
It should be the policy of the United States to sup-
port efforts to remove the regime headed by Saddam Hus-
sein 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 DE-
MOCRACY 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 tele-
vision 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 arti-
cles from the stocks of the Department of Defense,
defense services of the Department of Defense, and
military education and training for such organiza-
tions.
(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 pro-
vided, engaged in military cooperation with the Saddam
Hussein regime.
(d) NOTIFICATION REQUIREMENT.—The President
shall notify the congressional committees specified in sec-
tion 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 such section 634A.
(e) REIMBURSEMENT RELATING TO MILITARY AS-
SISTANCE.—
(1) IN
GENERAL.—Defense articles, defense
services, and military education and training pro-
vided under subsection (a)(2) shall be made available
without reimbursement to the Department of De-
fense except to the extent that funds are appro-
priated 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 ap-
plicable appropriation, fund, or account for the value
(as defined in section 644(m) of the Foreign Assist-
ance Act if 1961) of defense articles, defense serv-
ices, or military education and training provided
under subsection (a)(2).
(f) AVAILABILITY OF FUNDS.—(1) Amounts author-
ized 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.—Activi-
ties under this section (including activities of the nature
described in subsection (b)) may be undertaken notwith-
standing 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 enactment of this Act, the President shall
designate one or more Iraqi democratic opposition organi-
zations that the President determines satisfy the criteria
set forth in subsection (c) as eligible to receive assistance
under section 4.
(b) DESIGNATION
OF
ADDITIONAL
ORGANIZA-
TIONS.—At any time subsequent to the initial designation
pursuant to subsection (a), the President may designate
one or more additional Iraqi democratic opposition organi-
zations 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 individ-
uals, groups, or both, opposed to the Saddam Hus-
sein regime; and
(2) are committed to democratic values, to re-
spect for human rights, to peaceful relations with
Iraq’s neighbors, to maintaining Iraq’s territorial in-
tegrity, and to fostering cooperation among demo-
cratic 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 pro-
posed designation in accordance with the procedures appli-
cable to reprogramming notifications under such 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 im-
prisoning 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 Congress that once the Saddam
Hussein regime is removed from power in Iraq, the United