```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3221 Referred in Senate (RFS)]

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.

    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 ``Iraq Claims Act of 1994''.

SEC. 2. ADJUDICATION OF CLAIMS.

    (a) Certain Claims Within the Jurisdiction of UN Commission.--The 
United States Commission is authorized to receive and determine the 
validity and amounts of any claims referred to it by the Secretary of 
State with respect to which the United States has received lump-sum 
payments from the United Nations Commission.
    (b) Other Claims Against Iraq.--The United States Commission is 
authorized to receive and determine the validity and amounts of any 
claims by nationals of the United States against the Government of Iraq 
that are determined by the Secretary of State to be outside the 
jurisdiction of the United Nations Commission.
    (c) Decision Rules.--In deciding claims under subsection (a) or 
(b), the United States Commission shall apply, in the following order--
            (1) in the case of claims under subsection (a), relevant 
        decisions of the United Nations Security Council and the United 
        Nations Commission;
            (2) applicable substantive law, including international 
        law; and
            (3) applicable principles of justice and equity.
    (d) Priority Claims.--Before deciding any other claim against the 
Government of Iraq, the United States Commission shall, to the extent 
practical, decide all pending non-commercial claims of members of the 
United States Armed Forces and other individuals arising out of Iraq's 
invasion and occupation of Kuwait or out of the 1987 attack on the USS 
Stark.
    (e) Applicability of International Claims Settlement Act.--To the 
extent they are not inconsistent with the provisions of this Act, the 
provisions of title I (other than section 2(c)) and title VII of the 
International Claims Settlement Act of 1949 (22 U.S.C. 1621-1627 and 
1645-1645o) shall apply with respect to claims under this Act and the 
funds established pursuant to sections 3(a) and 3(c).

SEC. 3. CLAIMS FUNDS.

    (a) UN Commission Claims Funds.--The Secretary of the Treasury is 
authorized to establish in the Treasury of the United States one or 
more funds (hereinafter in this Act referred to as the ``UN Commission 
Claims Funds'') for payment of claims under section 2(a). The Secretary 
of the Treasury shall cover into the UN Commission Claims Funds such 
amounts as are allocated to such funds pursuant to subsection (b)(1).
    (b) Allocation of Funds Received From UN Commission.--The Secretary 
of State shall allocate funds received by the United States from the 
United Nations Commission, in the manner the Secretary determines 
appropriate, between--
            (1) the UN Commission Claims Funds; and
            (2) funds established under the authority of the paragraphs 
        under the heading ``TRUST FUNDS'' in the Act entitled ``An Act 
        making appropriations for the diplomatic and consular service 
        for the fiscal year ending June thirtieth, eighteen hundred and 
        ninety-seven'', approved February 26, 1896 (22 U.S.C. 2668a).
    (c) Iraq Claims Fund.--The Secretary of the Treasury is authorized 
to establish in the Treasury of the United States a fund (hereinafter 
in this Act referred to as the ``Iraq Claims Fund'') for payment of 
claims under section 2(b). The Secretary of the Treasury shall cover 
into the Iraq Claims Fund such amounts as are allocated to such fund 
pursuant to subsection (d).
    (d) Allocation of Proceeds From Iraqi Asset Liquidatation.--
            (1) In general.--The President shall allocate funds 
        resulting from the liquidation of assets pursuant to section 4 
        in the manner the President determines appropriate between the 
        Iraq Claims Fund and such other accounts as are appropriate for 
        the payment of claims of the United States Government, subject 
        to the limitation in paragraph (2).
            (2) Limitation.--The amount allocated pursuant to this 
        subsection for payment of claims of the United States 
        Government may not exceed the amount which bears the same 
        relation to the amount allocated to the Iraq Claims Fund 
        pursuant to this subsection as the sum of all certified claims 
        of the United States Government bears to the sum of all claims 
        certified under section 2(b). As used in this paragraph, the 
        term ``certified claims of the United States Government'' means 
        those claims of the United States Government which are 
        determined by the Secretary of State to be outside the 
        jurisdiction of the United Nations Commission and which are 
        determined to be valid, and whose amount has been certified, 
        under such procedures as the President may establish.

SEC. 4. AUTHORITY TO VEST IRAQI ASSETS.

    The President is authorized to vest and liquidate as much of the 
assets of the Government of Iraq in the United States that have been 
blocked pursuant to the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) as may be necessary to satisfy claims under 
section 2(b), as well as claims of the United States Government against 
Iraq which are determined by the Secretary of State to be outside the 
jurisdiction of the United Nations Commission.

SEC. 5. REIMBURSEMENT FOR EXPENSES OF PROGRAM ADMINISTRATION.

    (a) Deduction.--In order to reimburse the United States Government 
for its expenses in administering the Iraq claims program and this Act, 
the Secretary of the Treasury shall deduct--
            (1) 1.5 percent of any amount covered into the UN 
        Commission Claims Funds or the Iraq Claims Fund; and
            (2) 1.5 percent of any amount the Secretary of State 
        receives from the United Nations Commission that is not covered 
        into the UN Commission Claims Funds and that is not in payment 
        of a claim of the United States Government.
    (b) Deductions Treated as Miscellaneous Receipts.--Amounts deducted 
pursuant to subsection (a) shall be deposited in the Treasury of the 
United States as miscellaneous receipts.

SEC. 6. PAYMENTS.

    (a) In General.--The United States Commission shall certify to the 
Secretary of the Treasury each award made pursuant to section 2. The 
Secretary of the Treasury shall make payment, out of the appropriate 
fund established pursuant to section 3(a) or 3(c), in the following 
order of priority to the extent funds are available in such fund:
            (1) Payment of $10,000 or the principal amount of the 
        award, whichever is less.
            (2) For each claim that has priority under section 2(d), 
        payment of a further $90,000 toward the unpaid balance of the 
        principal amount of the award.
            (3) Payments from time to time in ratable proportions on 
        account of the unpaid balance of the principal amounts of all 
        awards according to the proportions which the unpaid balance of 
        such awards bear to the total amount in the appropriate claims 
        fund that is available for distribution at the time such 
        payments are made.
            (4) After payment has been made of the principal amounts of 
        all such awards, pro rata payments on account of accrued 
        interest on such awards as bear interest.
            (5) After payment has been made in full of all the awards 
        payable out of a fund established pursuant to section 3(a) or 
        3(c), any funds remaining in that fund shall be transferred to 
        the other claims fund established pursuant to section 3(a) or 
        3(c), except that any funds received by the United States from 
        the United Nations Commission shall be so transferred only to 
        the extent not inconsistent with requirements of the United 
        Nations Commission.
    (b) Unsatisfied Claims.--Payment of any award made pursuant to this 
Act shall not extinguish any unsatisfied claim, or be construed to have 
divested any claimant, or the United States on his or her behalf, of 
any rights against the Government of Iraq with respect to any 
unsatisfied claim.

SEC. 7. RECORDS.

    (a) Transfer to Commission.--The head of any Executive agency may 
transfer or otherwise make available to the United States Commission 
such records and documents relating to claims authorized to be 
adjudicated by this Act as may be required by the United States 
Commission in carrying out its functions under this Act.
    (b) Public Disclosure.--Section 552 of title 5 of the United States 
Code (commonly referred to as the ``Freedom of Information Act'') shall 
not apply with respect to records that, as determined by the Secretary 
of State, are required under the rules and decisions of the United 
Nations Commission to be withheld from public disclosure.

SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UNUSED FUNDS.

    (a) Statute of Limitations.--Any demand or claim for payment on 
account of an award that is certified under the Iraq claims program 
shall be barred one year after the publication date of the notice 
required by subsection (b).
    (b) Publication of Notice.--
            (1) In general.--At the end of the 9-year period specified 
        in paragraph (2), the Secretary of the Treasury shall publish a 
        notice in the Federal Register detailing the statute of 
        limitations provided for in subsection (a) and identifying the 
        claim numbers and awardee names of unpaid certified claims.
            (2) Publication date.--The notice required by paragraph (1) 
        shall be published 9 years after the latter of--
                    (A) the last date on which the Secretary of the 
                Treasury covers into any of the UN Commission Claims 
                Funds, or into any fund described in section 3(b)(2), 
                amounts allocated to that fund pursuant to section 
                3(b); or
                    (B) the last date on which the Secretary of the 
                Treasury covers into the Iraq Claims Fund amounts 
                allocated to that fund pursuant to section 3(d).
    (c) Disposition of Unused Funds.--
            (1) Disposition.--At the end of the 2-year period beginning 
        on the publication date of the notice required by subsection 
        (b), the Secretary of the Treasury shall dispose of all unused 
        funds described in paragraph (2) as follows:
                    (A) By making additional payments pursuant to the 
                Iraq claims program.
                    (B) By depositing in the Treasury of the United 
                States as miscellaneous receipts any such funds that 
                are not used for such additional payments.
            (2) Unused funds.--The unused funds referred to in 
        paragraph (1) are--
                    (A) any remaining balance in the UN Commission 
                Claims Funds or in the Iraq Claims Fund, including the 
                amount of any unpaid certified claim under the Iraq 
                claims program; and
                    (B) any remaining balance in any fund referred to 
                in section 3(b)(2) to the extent such balance reflects 
                amounts deposited pursuant to that section.

SEC. 9. DEFINITIONS.

    As used in this Act--
            (1) the term ``Government of Iraq'' includes agencies, 
        instrumentalities, and controlled entities (including public 
        sector enterprises) of that government;
            (2) the term ``Executive agency'' has the meaning given 
        that term by section 105 of title 5, United States Code;
            (3) the term ``Iraq claims program'' means the claims whose 
        adjudication is provided for in this Act and any other claims 
        that are within the jurisdiction of the United Nations 
        Commission;
            (4) the term ``United Nations Commission'' means the United 
        Nations Compensation Commission established pursuant to United 
        Nations Security Council Resolution 687 (1991); and
            (5) the term ``United States Commission'' means the Foreign 
        Claims Settlement Commission of the United States.

SEC. 10. ADMISSION TO THE UNITED STATES AS REFUGEES OF INDIVIDUALS WHO 
              SERVED IN THE ARMED FORCES OF IRAQ DURING THE PERSIAN 
              GULF CONFLICT.

    (a) Statement of Policy.--It is the sense of the Congress that 
individuals who have served in the armed forces of Iraq during the 
Persian Gulf conflict should not be admitted to the United States as 
refugees under the Immigration and Nationality Act except in 
exceptional circumstances.
    (b) Persian Gulf Conflict Defined.--For purposes of this section, 
the term ``Persian Gulf conflict'' means the period beginning on August 
2, 1990, and ending on February 27, 1991.

SEC. 11. HUMANITARIAN ASSISTANCE.

    (a) Findings.--The Congress finds that--
            (1) Saddam Hussein has been condemned by the international 
        community for his unwillingness to take the steps necessary to 
        provide for the basic humanitarian needs of the Iraqi people;
            (2) dire shortages of food, medicine, and basic medical 
        supplies (including insulin, anesthetics, and antibiotics) have 
        resulted in a continuing humanitarian disaster in Iraq, 
        including massive human suffering and the death of hundreds of 
        thousands of innocent Iraqi civilians during the past 4 years;
            (3) this humanitarian tragedy is occurring throughout Iraq;
            (4) the United States has a long history of providing 
        humanitarian assistance to alleviate human suffering in many 
        parts of the world; and
            (5) the United States Agency for International Development 
        has the authority under chapter 9 of part I of the Foreign 
        Assistance Act of 1961 (relating to international disaster 
        assistance) and other provisions of law to provide assistance 
        to address humanitarian needs throughout Iraq.
    (b) Statement of Congressional Policy.--It is the sense of the 
Congress that--
            (1) the United States should immediately provide additional 
        humanitarian assistance, particularly medicine and medical 
        supplies, to alleviate the humanitarian disaster throughout 
        Iraq;
            (2) such assistance should be provided through independent 
        nongovernmental organizations and through international 
        organizations so that this desperately need assistance can 
        reach all areas of need, in particular those outside the United 
        Nations protected areas; and
            (3) the costs of such assistance should be reimbursed from 
        any available Iraqi resources, including the Iraqi assets that 
        have been blocked pursuant the International Emergency Economic 
        Powers Act so long as such reimbursement does not reduce the 
        amount paid on those priority claims of members of the United 
        States Armed Forces and others described in section 2(d) of 
        this Act and does not delay payment on those claims.

SEC. 12. PROSECUTION OF SADDAM HUSSEIN AND OTHER MEMBERS OF THE IRAQI 
              GOVERNMENT FOR WAR CRIMES.

    (a) Findings.--The Congress finds that--
            (1) as ordered by Saddam Hussein, Iraq engaged in 
        unprovoked aggression in its conquest and occupation of Kuwait;
            (2) the Iraqi occupation force treated Kuwaiti citizens 
        barbarously;
            (3) Saddam Hussein used American and European civilians as 
        ``human shields'' in an attempt to protect strategic facilities 
        throughout Iraq and directed that captured American and allied 
        prisoners of war be used for the same purposes;
            (4) Saddam Hussein ordered his military to launch missile 
        attacks against innocent civilians in Israel and Saudi Arabia; 
        and
            (5) former President Bush and President Clinton rightly 
        warned Saddam Hussein and Iraqi Government officials that they 
        would be held responsible for any abuses they have caused.
    (b) Establishment of Tribunal.--The Congress urges the President to 
request the United Nations to establish a tribunal to charge Saddam 
Hussein and other responsible Iraqi Government officials for war 
crimes, acts of aggression, and crimes against humanity they have 
committed.

            Passed the House of Representatives April 28, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```