Iraq Liberation Act of 1998 (Enrolled Bill (Sent to President))
Summary & Status for the 105th Congress
Public Law: 105-338 (10/31/98)
SPONSOR: Rep Gilman (introduced 09/29/98)
TITLE(S) AS INTRODUCED:
Iraq Liberation Act of 1998
TITLE(S) AS PASSED HOUSE:
Iraq Liberation Act of 1998
TITLE(S) AS ENACTED:
Iraq Liberation Act of 1998
TITLE AS INTRODUCED:
A bill to establish a program to support a transition to democracy
10/31/98 Public Law 105-338 (11/12/98 CR D1205)
10/20/98 Measure presented to President (10/21/98 CR H11704)
10/20/98 Enrolled Measure signed in Senate (CR S12718)
10/19/98 Enrolled Measure signed in House (CR H11546)
10/07/98 Measure passed Senate (CR S11812)
10/07/98 Measure considered in Senate (CR S11811-11812)
10/07/98 Measure called up by unanimous consent in Senate (CR S11811)
10/05/98 Measure passed House, amended, roll call #482 (360-38) (CR
10/05/98 Measure considered in House (CR H9486-9494)
10/05/98 Measure called up under motion to suspend rules and pass in
House (CR H9486)
Detailed Legislative Status
to the House Committee on International Relations.
Consideration and Mark-up Session Held.
Agreed to Seek Consideration Under Suspension of the Rules,
(Amended) by Voice Vote.
- Called up
by House under suspension of the rules.
by House as unfinished business.
- Passed House
(Amended) by Yea-Nay Vote: 360 - 38 (Roll No. 482).
in the Senate, read twice.
- Passed Senate
without amendment by Unanimous Consent.
- Message on
Senate action sent to the House.
- Cleared for
- Became Public
Law No: 105-338.
- Signed by
Congressional Record Page References
10/01/98 Introductory remarks on Measure (CR E1857)
10/05/98 Full text of Measure as passed House printed (CR H9486-9487)
Rep Cox - 09/29/98
AS OF 10/05/98 -- Passed House, amended)
Liberation Act of 1998 - Declares that it should be the policy of the
United States to seek to remove the Saddam Hussein regime from power
in Iraq and to replace it with a democratic government.
the President, after notifying specified congressional committees, to
provide to the Iraqi democratic opposition organizations: (1) grant
assistance for radio and television broadcasting to Iraq; (2) Department
of Defense (DOD) defense articles and services and military education
and training (IMET); and (3) humanitarian assistance, with emphasis
on addressing the needs of individuals who have fled from areas under
the control of the Hussein regime. Prohibits assistance to any group
or organization that is engaged in military cooperation with the Hussein
regime. Authorizes appropriations.
the President to designate: (1) one or more Iraqi democratic opposition
organizations that meet specified criteria as eligible to receive assistance
under this Act; and (2) additional such organizations which satisfy
the President's criteria.
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
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 humanitarian assistance to the Iraqi people
and democracy transition assistance to Iraqi parties and movements with
democratic goals, including convening Iraq's foreign creditors to develop
a multilateral response to the foreign debt incurred by the Hussein
Iraq Liberation Act of 1998 (Enrolled Bill (Sent to President))
One Hundred Fifth
United States of
AT THE SECOND SESSION
Begun and held at
the City of Washington on Tuesday,
day of January, one thousand nine hundred and ninety-eight
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
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 8 year war in which Iraq employed
chemical weapons against Iranian troops and ballistic missiles against
(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.
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
(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
(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
THE 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- (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
(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.
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.
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 section
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).
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
of 1961) of defense articles, defense services, or military education
and training provided under subsection (a)(2).
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 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 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
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 section
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
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 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
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 .
Speaker of the House
of the United States and President
of the Senate.