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Pub.L. 105-339 To amend title 5, United States Code, to provide that consideration may not be denied to preference eligibles applying for certain positions in the competitive service, and for other purposes. <> %%Filename:...


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[[Page 3177]]

                       IRAQ LIBERATION ACT OF 1998

[[Page 112 STAT. 3178]]

Public Law 105-338
105th Congress

                                 An Act


 
     To establish a program to support a transition to democracy in 
              Iraq. <<NOTE: Oct. 31, 1998 -  [H.R. 4655]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Iraq Liberation Act of 
1998.>> assembled,

SECTION 1. <<NOTE: 22 USC 2151 note.>> 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 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 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) <<NOTE: George Bush.>> 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

[[Page 112 STAT. 3179]]

        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) <<NOTE: William Clinton.>> 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. <<NOTE: Saddam Hussein.>> 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:
            (1) Broadcasting assistance.--(A) Grant assistance to such 
        organizations for radio and television broadcasting by such 
        organizations to Iraq.
            (B) <<NOTE: Appropriation authorization.>> 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 <<NOTE: President.>> 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

[[Page 112 STAT. 3180]]

the assistance is to be provided, engaged in military cooperation with 
the Saddam Hussein regime.
    (d) Notification <<NOTE: President.>> 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 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 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.

SEC. 5. <<NOTE: President.>> DESIGNATION OF IRAQI DEMOCRATIC OPPOSITION 
            ORGANIZATION.

    (a) Initial <<NOTE: Deadline.>> 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 Hussein 
        regime.

    (d) Notification Requirement.--At least 15 days in advance of 
designating an Iraqi democratic opposition organization pursuant

[[Page 112 STAT. 3181]]

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 634A.

SEC. 6. <<NOTE: Saddam Hussein.>> 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 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.

                                  <all>

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