Iraq Liberation Act of 1998
PL 105-338 (H.R.4655), enacted 10/31/1998

^ 
112 STAT. 3178 
PUBLIC LAW 105-338—OCT. 31, 1998 
Public Law 105-338 
105th Congress 
An Act 
Oct. 31, 1998 
To establish a program to support a transition to democracy in Iraq. 
[H.R. 4655] 
Be it enacted by the Senate and House of Representatives 
of 
Iraq Liberation 
the United States of America in Congress assembled, 
Act of 1998. 
22 u s e 2151 
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 
i 
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 Feb-
ruary 28, 1991, and Iraq subsequently accepted the ceasefire 
conditions specified in United Nations Security Council Resolu-
tion 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 monitor-
ing and verification of such dismantlement. 
George Bush. 
(6) In April 1993, Iraq orchestrated a failed plot to assas-
sinate 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 oppo-
nents 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 oper-
ation of UNSCOM helicopters transporting UNSCOM personnel 
PUBLIC LAW 105-338—OCT. 31, 1998 
112 STAT. 3179 
in Iraq, and has persisted in a pattern of deception and conceal-
ment 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 mon-
itoring activities by the International Atomic Energy Agency 
and UNSCOM. 
(11) On August 14, 1998, President Clinton signed Public WUliam Clinton. 
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 organiza-
tion, 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. SENSE OF THE CONGRESS REGARDING UNITED STATES POUCY 
Saddam Hussein. 
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 Appropriation 
States Information Agency $2,000,000 for fiscal year 1999 to authorization, 
carry out this paragraph. 
(2) MILITARY ASSISTANCE.—(A) The President is authorized President, 
to direct the drawdown of defense articles from the stocks 
of the Department of Defense, defense services of the Depart-
ment 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 Presi-
dent 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 des-
ignated in accordance with section 5 which group is, at the time 
112 STAT. 3180 
PUBLIC LAW 105-338—OCT. 31, 1998 
the assistance is to be provided, engaged in military cooperation 
with the Saddam Hussein regime. 
President. 
(d) NOTIFICATION REQUIREMENT.—The President shall notify 
the congressional committees specified in section 634A of the For-
eign 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 Depart-
ment of Defense except to the extent that funds are appro-
priated pursuant to paragraph (2). 
(2) AUTHORIZATION OF APPROPRIATIONS.—^There are author-
ized 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. 
President. 
SEC. 5. DESIGNATION OF IRAQI DEMOCRATIC OPPOSITION ORGANIZA-
TION. 
Deadline. 
(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 4. 
(c) CRITERIA FOR DESIGNATION.—In designating an organization 
pursuant to this section, the President shall consider only organiza-
tions 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 coopera-
tion 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 
PUBLIC LAW 105-338—OCT. 31, 1998 
112 STAT. 3181 
to this section, the President shall notify the congressional commit-
tees 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. 
Saddam Hussein. 
Consistent with section 301 of the Foreign Relations Authoriza-
tion 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 pur-
pose 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 provid-
ing 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: 
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.