[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 742 Introduced in House (IH)]
107th CONGRESS
1st Session
H.R. 742
To provide the people of Iraq with access to food and medicines from
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2001
Mr. Conyers (for himself, Mr. Sanders, Ms. Velazquez, Mr. Bonior, Mr.
Clay, Ms. McKinney, Ms. Jackson-Lee of Texas, Mr. Jefferson, Ms.
Slaughter, and Ms. Baldwin) introduced the following bill; which was
referred to the Committee on International Relations
_______________________________________________________________________
A BILL
To provide the people of Iraq with access to food and medicines from
the United States, and for other purposes.
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 ``Humanitarian Exports Leading to
Peace Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Iraqi people suffered under a decade of war and
continue to suffer under a repressive regime and the most
comprehensive economic sanctions ever imposed on any country.
(2) The economic sanctions have caused extraordinary
hardship on the people of Iraq and failed to weaken the
leadership of Iraq, and have undermined the institutions of
civil society which are necessary for democratic political
life.
(3) The investigative panel established by the United
Nations Security Council and other independent bodies have
confirmed that the United Nations Oil-for-Food program has
failed to adequately meet the needs of the Iraqi people.
(4) According to the United States Department of
Agriculture, Iraq represents a potential market for nearly
$1,000,000,000 in agricultural products from the United States.
(5) The sanctions regime continues to harm the Iraqi
population for the crimes of its leaders and has not served
either the goal of the United States of punishing Iraq's
leaders or disarming weapons of mass destruction.
(6) Rigorous weapons inspections and adequate provision for
civilian needs in Iraq are not mutually exclusive.
(7) The devastating effect of the economic sanctions on
Iraq has been reported by numerous international and
independent bodies, including the following:
(A) The Center for Economic and Social Rights of
the United Nations documented dramatic increases in
malnutrition and disease, leading to the deaths of
hundreds of thousands of children under the age of 5
since 1991.
(B) UNICEF reported in 1995 that ``no significant
movement towards food security can be achieved so long
as the embargo remains in place''. Further, despite the
Oil-for-Food Program, UNICEF reported in July 1999
survey findings that ``Both the infant mortality rate
and the under-five mortality rate consistently show a
major increase in mortality over the 10 years preceding
the survey. More specifically, the results show that
the infant mortality rate has increased from 47 deaths
per 1,000 live births for the period 1984-89, to 108
deaths per 1,000 live births for the period 1994-99.''.
(C) A report authorized by the United National
Security Council on March 30, 1999, found that ``the
gravity of the humanitarian situation of the Iraqi
people is indisputable and cannot be overstated.''.
Further, it emphasized that ``Even if not all suffering
in Iraq can be imputed to external factors, especially
sanctions, the Iraqi people would not be undergoing
such deprivations in the absence of the prolonged
measures imposed by the Security Council and the
effects of the war''.
(D) UNICEF and the World Food Program found in 1997
that ``One out of every 4 young Iraqi children is
malnourished. More than 750,000 children are suffering
from malnutrition''.
SEC. 3. LIMITATION ON PROHIBITIONS AND RESTRICTIONS ON TRADE WITH IRAQ
TO ALLOW FOR THE EXPORT OF FOOD, MEDICINES, AND CERTAIN
OTHER PRODUCTS.
The sanctions applied with respect to Iraq under the Iraq Sanctions
Act of 1990 (sections 586-586J of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (Public Law
101-513)) or any other provision of law shall not apply with respect to
the export to Iraq of any food or other agricultural products
(including fertilizer), medicines, medical supplies, medical
instruments, or medical equipment, or with respect to travel incident
to the sale or delivery to Iraq of food or other agricultural products
(including fertilizer), medicines, medical supplies, medical
instruments, or medical equipment.
SEC. 4. ADMINISTRATION BY SECRETARY OF COMMERCE.
(a) Administration by Secretary of Commerce.--The Secretary of
Commerce shall exercise the authorities of the Export Administration
Act of 1979, as in effect pursuant to the International Emergency
Economic Powers Act, to carry out section 3, except that--
(1) the Secretary may not require a license for the export
of any of the items to which section 3 applies; but
(2) the Secretary shall require persons exporting such
items to notify the Secretary of such exports.
(b) Regulations.--The Secretary of Commerce shall issue such
regulations as are necessary to carry out section 3.
SEC. 5. CONFORMING AMENDMENT.
Section 906(a)(1) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of H.R. 5426 of the 106th Congress,
as enacted into law by section 1(a) of Public Law 106-387) is amended
by inserting ``(other than Iraq)'' after ``government of a country''.
SEC. 6. SENSE OF CONGRESS.
It is the sense of the Congress that the United States Government
should take all necessary steps to end the suffering of innocent
populations, primarily children and the elderly, by allowing the free
flow of humanitarian aid to Iraq without threat of prosecution. Such
steps should include, but not be limited to, using its position as a
permanent member of the United Nations Security Council--
(1) to lift the economic sanctions on Iraq so as to allow
exports and travel referred to in section 3; and
(2) to recommend a ban on transfers of weapons to Iraq by
countries that are members of the United Nations.
SEC. 7. REPORT TO CONGRESS.
Not later than 6 months after the date of the enactment of this
Act, the President shall transmit to the Congress a report that sets
forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Iraq of food and other agricultural products
(including fertilizer), medicines, medical supplies, medical
instruments, and medical equipment, since the enactment of this
Act;
(2) the impact the exports have had on food security in
Iraq;
(3) a description of the types and end users of the goods
so exported;
(4) whether there has been any indication that any
medicines, medical supplies, medical instruments, or medical
equipment exported to Iraq since the enactment of this Act--
(A) have been diverted by the Government of Iraq or
any other third party from the intended recipients; or
(B) have been used for any unintended
nonhumanitarian or dual-use purposes; and
(5) what steps the United States has taken through the
United Nations, with the cooperation of Security Council
members, to--
(A) lift nonmilitary sanctions on Iraq, including
actions described in section 6; or
(B) impose a strict regional arms control regime
pursuant to Article 14 of Security Council Resolution
687.
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