[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1170 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1170

 To make the United States' energy policy toward Iraq consistent with 
          the national security policies of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2001

 Mr. Murkowski introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To make the United States' energy policy toward Iraq consistent with 
          the national security policies of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND FINDINGS.

    (a) This Act can be cited as the ``Iraq Petroleum Import 
Restriction Act of 2001.''
    (b) Findings.--Congress finds that:
            (1) The Government of the Republic of Iraq--
                    (A) has failed to comply with the terms of United 
                Nations Security Council Resolution 687 regarding 
                unconditional Iraqi acceptance of the destruction, 
                removal, or rendering harmless, under international 
                supervision, of all nuclear, chemical and biological 
                weapons and all stocks of agents and all related 
                subsystems and components and all research, 
                development, support and manufacturing facilities, as 
                well as all ballistic missiles with a range greater 
                than 150 kilometers and related major parts, and repair 
                and production facilities and has failed to allow 
                United Nations inspectors access to sites used for the 
                production or storage of weapons of mass destruction;
                    (B) routinely contravenes the terms and conditions 
                of UNSC Resolution 661, authorizing the export of 
                petroleum products from Iraq in exchange for food, 
                medicine and other humanitarian products by conducting 
                a routine and extensive program to sell such products 
                outside of the channels established by UNSC Resolution 
                661 in exchange for military equipment and materials to 
                be used in pursuit of its program to develop weapons of 
                mass destruction in order to threaten the United States 
                and its allies in the Persian Gulf and surrounding 
                regions;
                    (C) has failed to adequately draw down upon the 
                amounts received in the Escrow Account established by 
                UNSC Resolution 986 to purchase food, medicine and 
                other humanitarian products required by its citizens, 
                resulting in massive humanitarian suffering by the 
                Iraqi people;
                    (D) conducts a periodic and systematic campaign to 
                harass and obstruct the enforcement of the United 
                States and United Kingdom-enforced ``No-Fly Zones'' in 
                effect in the Republic of Iraq; and
                    (E) routinely manipulates the petroleum export 
                production volumes permitted under UNSC Resolution 661 
                in order to create uncertainty in global energy 
                markets, and therefore threatens the economic security 
                of the United States.
            (2) Further imports of petroleum products from the Republic 
        of Iraq are inconsistent with the national security and foreign 
        policy interests of the United States and should be eliminated 
        until such time as they are not so inconsistent.

SEC. 2. PROHIBITION ON IRAQI-ORIGIN PETROLEUM IMPORTS.

    The direct or indirect import from Iraq of Iraqi-origin petroleum 
and petroleum products is prohibited, notwithstanding an authorization 
by the Committee established by UNSC Resolution 661 or its designee, or 
any other order to the contrary.

SEC. 3. TERMINATION/PRESIDENTIAL CERTIFICATION.

    This Act will remain in effect until such time as the President, 
after consultation with the relevant committees in Congress, certifies 
to the Congress that:
    (a) The United States is not engaged in active military operations 
in--
            (1) enforcing ``No-Fly Zones'' in Iraq;
            (2) support of United Nations sanctions against Iraq;
            (3) preventing the smuggling of Iraqi-origin petroleum and 
        petroleum products in violation of UNSC Resolution 986; and
            (4) otherwise preventing threatening action by Iraq against 
        the United States or its allies; and
    (b) Resuming the importation of Iraqi-origin petroleum and 
petroleum products would not be inconsistent with the national security 
and foreign policy interests of the United States.

SEC. 4. HUMANITARIAN INTERESTS.

    It is the sense of the Senate that the President should make all 
appropriate efforts to ensure that the humanitarian needs of the Iraqi 
people are not negatively affected by this Act, and should encourage 
through public, private, domestic and international means the direct or 
indirect sale, donation or other transfer to appropriate non-
governmental health and humanitarian organizations and individuals 
within Iraq of food, medicine and other humanitarian products.

SEC. 5. DEFINITIONS.

    (a) ``661 Committee.''--The term 661 Committee means the Security 
Council Committee established by UNSC Resolution 661, and persons 
acting for or on behalf of the Committee under its specific delegation 
of authority for the relevant matter or category of activity, including 
the overseers appointed by the UN Secretary-General to examine and 
approve agreements for purchases of petroleum and petroleum products 
from the Government of Iraq pursuant to UNSC Resolution 986.
    (b) ``UNSC Resolution 661.''--The term UNSC Resolution 661 means 
United Nations Security Council Resolution No. 661, adopted August 6, 
1990, prohibiting certain transactions with respect to Iraq and Kuwait.
    (c) ``UNSC Resolution 986.''--The term UNSC Resolution 986 means 
United Nations Security Council Resolution 986, adopted April 14, 1995.

SEC. 6. EFFECTIVE DATE.

    The prohibition on importation of Iraqi origin petroleum and 
petroleum products shall be effective 30 days after enactment of this 
Act.
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