[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4655 Received in Senate (RDS)]

  2d Session
                                H. R. 4655


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              October 6 (legislative day, October 2), 1998

                                Received

_______________________________________________________________________

                                 AN ACT


 
  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 
        eight 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 seven 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 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 
        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) 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. SENSE OF 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 
regime.
    (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 such 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 if 
        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 
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 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 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 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 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.

            Passed the House of Representatives October 5, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.