IB
Union Calendar No. 160
106TH CONGRESS
1ST SESSION
H. R. 456
[Report No. 106–270]
For the relief of the survivors of the 14 members of the Armed Forces
and the one United States civilian Federal employee who were killed
on April 14, 1994, when United States fighter aircraft mistakenly shot
down 2 United States helicopters over Iraq.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 1999
Mr. COLLINS introduced the following bill; which was referred to the
Committee on the Judiciary
JULY 29, 1999
Additional sponsors: Mr. BONILLA, Mr. DIXON, Mr. FOLEY, Mr. UDALL of
Colorado, Mr. GONZALEZ, Mr. MCCOLLUM, Mr. BARTLETT of Maryland,
Mr. MCINTOSH, and Mr. RODRIGUEZ
JULY 29, 1999
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
For the relief of the survivors of the 14 members of the
Armed Forces and the one United States civilian Federal
employee who were killed on April 14, 1994, when
United States fighter aircraft mistakenly shot down 2
United States helicopters over Iraq.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PAYMENT.
(a) PAYMENT AUTHORIZATION.—The Secretary of
the Treasury shall pay, out of funds not otherwise appro-
priated, $100,000 to the survivor, or collectively the sur-
vivors, of each of the 14 members of the Armed Forces
and the one United States civilian Federal employee who
were killed on April 14, 1994, when United States F–15
fighter aircraft mistakenly shot down two UH–60 Black
Hawk helicopters over Iraq.
(b) SURVIVOR STATUS.—
(1) MEMBERS OF THE ARMED FORCES INSURED
BY SGLI.—In the case of a member of the Armed
Forces described in subsection (a) who was insured
by a Servicemembers’ Group Life Insurance policy
(issued under chapter 19 of title 38, United States
Code), a survivor of such member for the purposes
of subsection (a) shall be any person designated as
a beneficiary on the individual’s policy.
(2) INDIVIDUALS NOT INSURED BY SGLI.—In
the case of a member of the Armed Forces described
in
subsection
(a)
who
was
not
insured
by
a
Servicemembers’ Group Life Insurance policy (issued
under chapter 19 of title 38, United States Code) or
the civilian Federal employee described in subsection
(a), a survivor of such member or employee for the
purposes of subsection (a) shall be any person deter-
mined to be a survivor by the Secretary of the
Treasury using the provisions of section 5582(b) of
title 5, United States Code.
SEC. 2. LIMITATION ON TOTAL AMOUNT OF PAYMENT.
Not more than a total of $1,500,000 may be paid
to survivors under section 1.
SEC. 3. LIMITATION ON ATTORNEY FEES.
Notwithstanding any contract, no representative of a
survivor may receive more than 10 percent of a payment
made under section 1 for services rendered in connection
with the survivor’s claim for such payment. Any person
who violates this section shall be guilty of an infraction
and shall be subject to a fine in the amount provided in
title 18, United States Code.
SEC. 4. REPORT.
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of the Treasury shall
transmit to the Congress a report describing the payments
made under section 1.
SECTION 1. PAYMENT.
(a) PAYMENT AUTHORIZATION.—The Secretary of the
Treasury shall pay, out of funds not otherwise appro-
priated, $100,000 to the survivor, or collectively the sur-
vivors, of each of the 14 members of the Armed Forces and
the one United States civilian Federal employee who were
killed on April 14, 1994, when United States F–15 fighter
aircraft mistakenly shot down two UH–60 Black Hawk hel-
icopters over Iraq.
(b) SURVIVOR STATUS.—
(1) MEMBERS OF THE ARMED FORCES INSURED
BY SGLI.—In the case of a member of the Armed
Forces described in subsection (a) who was insured by
a Servicemembers’ Group Life Insurance policy
(issued under chapter 19 of title 38, United States
Code), a survivor of such member for the purposes of
subsection (a) shall be any person designated as a
beneficiary on the individual’s policy.
(2) INDIVIDUALS NOT INSURED BY SGLI.—In the
case of a member of the Armed Forces described in
subsection 
(a) 
who 
was 
not 
insured 
by 
a
Servicemembers’ Group Life Insurance policy (issued
under chapter 19 of title 38, United States Code) or
the civilian Federal employee described in subsection
(a), a survivor of such member or employee for the
purposes of subsection (a) shall be any person deter-
mined to be a survivor by the Secretary of the Treas-
ury using the provisions of section 5582(b) of title 5,
United States Code.
SEC. 2. LIMITATION ON TOTAL AMOUNT OF PAYMENT.
Not more than a total of $1,500,000 may be paid to
survivors under section 1.
SEC. 3. LIMITATION ON ATTORNEY FEES.
Notwithstanding any contract, no representative of a
survivor may receive more than 10 percent of a payment
made under section 1 for services rendered in connection
with the survivor’s claim for such payment. Any person who
violates this section shall be guilty of an infraction and
shall be subject to a fine in the amount provided in title
18, United States Code.
SEC. 4. REPORT.
Not later than 6 months after the date of the enactment
of this Act, the Secretary of the Treasury shall transmit
to the Congress a report describing the payments made
under section 1.
Amend the title so as to read: ‘‘A bill for the relief
of the survivors of the 14 members of the United States
Armed Forces and the one United States civilian Federal
employee who were killed on April 14, 1994, when two
United States helicopters were shot down over Iraq, so as
to provide those survivors with payments similar to the
payments already made by the Department of Defense to
the survivors of foreign nationals killed in the same inci-
dent.’’.