IIA

103D CONGRESS

2D SESSION H. R. 3221

IN THE SENATE OF THE UNITED STATES

MAY 2, 1994

Received; read twice and referred to the Committee on Foreign Relations

AN ACT

To provide for the adjudication of certain claims against

the Government of Iraq.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Iraq Claims Act of

5 1994’’.
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1 SEC. 2. ADJUDICATION OF CLAIMS.

2 (a) CERTAIN CLAIMS WITHIN THE JURISDICTION OF

3 UN COMMISSION.—The United States Commission is au4 thorized to receive and determine the validity and amounts

5 of any claims referred to it by the Secretary of State with

6 respect to which the United States has received lump-sum

7 payments from the United Nations Commission.

8 (b) OTHER CLAIMS AGAINST IRAQ.—The United

9 States Commission is authorized to receive and determine

10 the validity and amounts of any claims by nationals of the

11 United States against the Government of Iraq that are

12 determined by the Secretary of State to be outside the ju13 risdiction of the United Nations Commission.

14 (c) DECISION RULES.—In deciding claims under sub15 section (a) or (b), the United States Commission shall

16 apply, in the following order—

17 (1) in the case of claims under subsection (a),

18 relevant decisions of the United Nations Security

19 Council and the United Nations Commission;

20 (2) applicable substantive law, including inter21 national law; and

22 (3) applicable principles of justice and equity.

23 (d) PRIORITY CLAIMS.—Before deciding any other

24 claim against the Government of Iraq, the United States

25 Commission shall, to the extent practical, decide all pend26 ing non-commercial claims of members of the United
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1 States Armed Forces and other individuals arising out of

2 Iraq’s invasion and occupation of Kuwait or out of the

3 1987 attack on the USS Stark.

4 (e) APPLICABILITY OF INTERNATIONAL CLAIMS SET5 TLEMENT ACT.—To the extent they are not inconsistent

6 with the provisions of this Act, the provisions of title I

7 (other than section 2(c)) and title VII of the International

8 Claims Settlement Act of 1949 (22 U.S.C. 1621–1627 and

9 1645–1645o) shall apply with respect to claims under this

10 Act and the funds established pursuant to sections 3(a)

11 and 3(c).

12 SEC. 3. CLAIMS FUNDS.

13 (a) UN COMMISSION CLAIMS FUNDS.—The Sec14 retary of the Treasury is authorized to establish in the

15 Treasury of the United States one or more funds (herein16 after in this Act referred to as the ‘‘UN Commission

17 Claims Funds’’) for payment of claims under section 2(a).

18 The Secretary of the Treasury shall cover into the UN

19 Commission Claims Funds such amounts as are allocated

20 to such funds pursuant to subsection (b)(1).

21 (b) ALLOCATION OF FUNDS RECEIVED FROM UN

22 COMMISSION.—The Secretary of State shall allocate funds

23 received by the United States from the United Nations

24 Commission, in the manner the Secretary determines ap25 propriate, between—
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1 (1) the UN Commission Claims Funds; and

2 (2) funds established under the authority of the

3 paragraphs under the heading ‘‘TRUST FUNDS’’

4 in the Act entitled ‘‘An Act making appropriations

5 for the diplomatic and consular service for the fiscal

6 year ending June thirtieth, eighteen hundred and

7 ninety-seven’’, approved February 26, 1896 (22

8 U.S.C. 2668a).

9 (c) IRAQ CLAIMS FUND.—The Secretary of the

10 Treasury is authorized to establish in the Treasury of the

11 United States a fund (hereinafter in this Act referred to

12 as the ‘‘Iraq Claims Fund’’) for payment of claims under

13 section 2(b). The Secretary of the Treasury shall cover

14 into the Iraq Claims Fund such amounts as are allocated

15 to such fund pursuant to subsection (d).

16 (d) ALLOCATION OF PROCEEDS FROM IRAQI ASSET

17 LIQUIDATATION.—

18 (1) IN GENERAL.—The President shall allocate

19 funds resulting from the liquidation of assets pursu20 ant to section 4 in the manner the President deter21 mines appropriate between the Iraq Claims Fund

22 and such other accounts as are appropriate for the

23 payment of claims of the United States Government,

24 subject to the limitation in paragraph (2).
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1 (2) LIMITATION.—The amount allocated pursu2 ant to this subsection for payment of claims of the

3 United States Government may not exceed the

4 amount which bears the same relation to the amount

5 allocated to the Iraq Claims Fund pursuant to this

6 subsection as the sum of all certified claims of the

7 United States Government bears to the sum of all

8 claims certified under section 2(b). As used in this

9 paragraph, the term ‘‘certified claims of the United

10 States Government’’ means those claims of the

11 United States Government which are determined by

12 the Secretary of State to be outside the jurisdiction

13 of the United Nations Commission and which are

14 determined to be valid, and whose amount has been

15 certified, under such procedures as the President

16 may establish.

17 SEC. 4. AUTHORITY TO VEST IRAQI ASSETS.

18 The President is authorized to vest and liquidate as

19 much of the assets of the Government of Iraq in the

20 United States that have been blocked pursuant to the

21 International Emergency Economic Powers Act (50

22 U.S.C. 1701 et seq.) as may be necessary to satisfy claims

23 under section 2(b), as well as claims of the United States

24 Government against Iraq which are determined by the
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1 Secretary of State to be outside the jurisdiction of the

2 United Nations Commission.

3 SEC. 5. REIMBURSEMENT FOR EXPENSES OF PROGRAM AD4 MINISTRATION.

5 (a) DEDUCTION.—In order to reimburse the United

6 States Government for its expenses in administering the

7 Iraq claims program and this Act, the Secretary of the

8 Treasury shall deduct—

9 (1) 1.5 percent of any amount covered into the

10 UN Commission Claims Funds or the Iraq Claims

11 Fund; and

12 (2) 1.5 percent of any amount the Secretary of

13 State receives from the United Nations Commission

14 that is not covered into the UN Commission Claims

15 Funds and that is not in payment of a claim of the

16 United States Government.

17 (b) DEDUCTIONS TREATED AS MISCELLANEOUS RE18 CEIPTS.—Amounts deducted pursuant to subsection (a)

19 shall be deposited in the Treasury of the United States

20 as miscellaneous receipts.

21 SEC. 6. PAYMENTS.

22 (a) IN GENERAL.—The United States Commission

23 shall certify to the Secretary of the Treasury each award

24 made pursuant to section 2. The Secretary of the Treas25 ury shall make payment, out of the appropriate fund es-
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1 tablished pursuant to section 3(a) or 3(c), in the following

2 order of priority to the extent funds are available in such

3 fund:

4 (1) Payment of $10,000 or the principal

5 amount of the award, whichever is less.

6 (2) For each claim that has priority under sec7 tion 2(d), payment of a further $90,000 toward the

8 unpaid balance of the principal amount of the

9 award.

10 (3) Payments from time to time in ratable pro11 portions on account of the unpaid balance of the

12 principal amounts of all awards according to the

13 proportions which the unpaid balance of such

14 awards bear to the total amount in the appropriate

15 claims fund that is available for distribution at the

16 time such payments are made.

17 (4) After payment has been made of the prin18 cipal amounts of all such awards, pro rata payments

19 on account of accrued interest on such awards as

20 bear interest.

21 (5) After payment has been made in full of all

22 the awards payable out of a fund established pursu23 ant to section 3(a) or 3(c), any funds remaining in

24 that fund shall be transferred to the other claims

25 fund established pursuant to section 3(a) or 3(c), ex-
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1 cept that any funds received by the United States

2 from the United Nations Commission shall be so

3 transferred only to the extent not inconsistent with

4 requirements of the United Nations Commission.

5 (b) UNSATISFIED CLAIMS.—Payment of any award

6 made pursuant to this Act shall not extinguish any

7 unsatisfied claim, or be construed to have divested any

8 claimant, or the United States on his or her behalf, of

9 any rights against the Government of Iraq with respect

10 to any unsatisfied claim.

11 SEC. 7. RECORDS.

12 (a) TRANSFER TO COMMISSION.—The head of any

13 Executive agency may transfer or otherwise make avail14 able to the United States Commission such records and

15 documents relating to claims authorized to be adjudicated

16 by this Act as may be required by the United States Com17 mission in carrying out its functions under this Act.

18 (b) PUBLIC DISCLOSURE.—Section 552 of title 5 of

19 the United States Code (commonly referred to as the

20 ‘‘Freedom of Information Act’’) shall not apply with re21 spect to records that, as determined by the Secretary of

22 State, are required under the rules and decisions of the

23 United Nations Commission to be withheld from public

24 disclosure.
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1 SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UN2 USED FUNDS.

3 (a) STATUTE OF LIMITATIONS.—Any demand or

4 claim for payment on account of an award that is certified

5 under the Iraq claims program shall be barred one year

6 after the publication date of the notice required by sub7 section (b).

8 (b) PUBLICATION OF NOTICE.—

9 (1) IN GENERAL.—At the end of the 9-year pe10 riod specified in paragraph (2), the Secretary of the

11 Treasury shall publish a notice in the Federal Reg12 ister detailing the statute of limitations provided for

13 in subsection (a) and identifying the claim numbers

14 and awardee names of unpaid certified claims.

15 (2) PUBLICATION DATE.—The notice required

16 by paragraph (1) shall be published 9 years after the

17 latter of—

18 (A) the last date on which the Secretary of

19 the Treasury covers into any of the UN Com20 mission Claims Funds, or into any fund de21 scribed in section 3(b)(2), amounts allocated to

22 that fund pursuant to section 3(b); or

23 (B) the last date on which the Secretary of

24 the Treasury covers into the Iraq Claims Fund

25 amounts allocated to that fund pursuant to sec26 tion 3(d).
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1 (c) DISPOSITION OF UNUSED FUNDS.—

2 (1) DISPOSITION.—At the end of the 2-year pe3 riod beginning on the publication date of the notice

4 required by subsection (b), the Secretary of the

5 Treasury shall dispose of all unused funds described

6 in paragraph (2) as follows:

7 (A) By making additional payments pursu8 ant to the Iraq claims program.

9 (B) By depositing in the Treasury of the

10 United States as miscellaneous receipts any

11 such funds that are not used for such addi12 tional payments.

13 (2) UNUSED FUNDS.—The unused funds re14 ferred to in paragraph (1) are—

15 (A) any remaining balance in the UN

16 Commission Claims Funds or in the Iraq

17 Claims Fund, including the amount of any un18 paid certified claim under the Iraq claims pro19 gram; and

20 (B) any remaining balance in any fund re21 ferred to in section 3(b)(2) to the extent such

22 balance reflects amounts deposited pursuant to

23 that section.

24 SEC. 9. DEFINITIONS.

25 As used in this Act—
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1 (1) the term ‘‘Government of Iraq’’ includes

2 agencies, instrumentalities, and controlled entities

3 (including public sector enterprises) of that govern4 ment;

5 (2) the term ‘‘Executive agency’’ has the mean6 ing given that term by section 105 of title 5, United

7 States Code;

8 (3) the term ‘‘Iraq claims program’’ means the

9 claims whose adjudication is provided for in this Act

10 and any other claims that are within the jurisdiction

11 of the United Nations Commission;

12 (4) the term ‘‘United Nations Commission’’

13 means the United Nations Compensation Commis14 sion established pursuant to United Nations Secu15 rity Council Resolution 687 (1991); and

16 (5) the term ‘‘United States Commission’’

17 means the Foreign Claims Settlement Commission

18 of the United States.

19 SEC. 10. ADMISSION TO THE UNITED STATES AS REFUGEES

20 OF INDIVIDUALS WHO SERVED IN THE

21 ARMED FORCES OF IRAQ DURING THE PER22 SIAN GULF CONFLICT.

23 (a) STATEMENT OF POLICY.—It is the sense of the

24 Congress that individuals who have served in the armed

25 forces of Iraq during the Persian Gulf conflict should not
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1 be admitted to the United States as refugees under the

2 Immigration and Nationality Act except in exceptional cir3 cumstances.

4 (b) PERSIAN GULF CONFLICT DEFINED.—For pur5 poses of this section, the term ‘‘Persian Gulf conflict’’

6 means the period beginning on August 2, 1990, and end7 ing on February 27, 1991.

8 SEC. 11. HUMANITARIAN ASSISTANCE.

9 (a) FINDINGS.—The Congress finds that—

10 (1) Saddam Hussein has been condemned by

11 the international community for his unwillingness to

12 take the steps necessary to provide for the basic hu13 manitarian needs of the Iraqi people;

14 (2) dire shortages of food, medicine, and basic

15 medical supplies (including insulin, anesthetics, and

16 antibiotics) have resulted in a continuing humani17 tarian disaster in Iraq, including massive human

18 suffering and the death of hundreds of thousands of

19 innocent Iraqi civilians during the past 4 years;

20 (3) this humanitarian tragedy is occurring

21 throughout Iraq;

22 (4) the United States has a long history of pro23 viding humanitarian assistance to alleviate human

24 suffering in many parts of the world; and
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1 (5) the United States Agency for International

2 Development has the authority under chapter 9 of

3 part I of the Foreign Assistance Act of 1961 (relat4 ing to international disaster assistance) and other

5 provisions of law to provide assistance to address

6 humanitarian needs throughout Iraq.

7 (b) STATEMENT OF CONGRESSIONAL POLICY.—It is

8 the sense of the Congress that—

9 (1) the United States should immediately pro10 vide additional humanitarian assistance, particularly

11 medicine and medical supplies, to alleviate the hu12 manitarian disaster throughout Iraq;

13 (2) such assistance should be provided through

14 independent nongovernmental organizations and

15 through international organizations so that this des16 perately need assistance can reach all areas of need,

17 in particular those outside the United Nations pro18 tected areas; and

19 (3) the costs of such assistance should be reim20 bursed from any available Iraqi resources, including

21 the Iraqi assets that have been blocked pursuant the

22 International Emergency Economic Powers Act so

23 long as such reimbursement does not reduce the

24 amount paid on those priority claims of members of

25 the United States Armed Forces and others de-
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1 scribed in section 2(d) of this Act and does not delay

2 payment on those claims.

3 SEC. 12. PROSECUTION OF SADDAM HUSSEIN AND OTHER

4 MEMBERS OF THE IRAQI GOVERNMENT FOR

5 WAR CRIMES.

6 (a) FINDINGS.—The Congress finds that—

7 (1) as ordered by Saddam Hussein, Iraq en8 gaged in unprovoked aggression in its conquest and

9 occupation of Kuwait;

10 (2) the Iraqi occupation force treated Kuwaiti

11 citizens barbarously;

12 (3) Saddam Hussein used American and Euro13 pean civilians as ‘‘human shields’’ in an attempt to

14 protect strategic facilities throughout Iraq and di15 rected that captured American and allied prisoners

16 of war be used for the same purposes;

17 (4) Saddam Hussein ordered his military to

18 launch missile attacks against innocent civilians in

19 Israel and Saudi Arabia; and

20 (5) former President Bush and President Clin21 ton rightly warned Saddam Hussein and Iraqi Gov22 ernment officials that they would be held responsible

23 for any abuses they have caused.

24 (b) ESTABLISHMENT OF TRIBUNAL.—The Congress

25 urges the President to request the United Nations to es-
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1 tablish a tribunal to charge Saddam Hussein and other

2 responsible Iraqi Government officials for war crimes, acts

3 of aggression, and crimes against humanity they have

4 committed.

Passed the House of Representatives April 28, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.