I
105TH CONGRESS
2D SESSION
H. R. 3484
To provide for the adjudication of certain claims against the Government
of Iraq and to ensure priority for United States veterans filing such claims.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1998
Mr. DOGGETT introduced the following bill; which was referred to the
Committee on International Relations
A BILL
To provide for the adjudication of certain claims against
the Government of Iraq and to ensure priority for United
States veterans filing such claims.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Gulf War Veterans’
Iraqi Claims Protection Act of 1998’’.
SEC. 2. ADJUDICATION OF CLAIMS.
(a) CLAIMS AGAINST IRAQ.—The United States
Commission is authorized to receive and determine the va-
lidity and amounts of any claims by nationals of the
United States against the Government of Iraq.
(b) DECISION RULES.—In deciding claims under sub-
section (a), the United States Commission shall apply, in
the following order:
(1) applicable substantive law, including inter-
national law; and
(2) applicable principles of justice and equity.
(c) PRIORITY CLAIMS.—Before deciding any other
claim against the Government of Iraq, the United States
Commission shall, to the extent practical, decide all pend-
ing non-commercial claims of active, retired, or reserve
members of the United States Armed Forces, retired
former members of the United States Armed Forces, and
other individuals arising out of Iraq’s invasion and occupa-
tion of Kuwait or out of the 1987 attack on the USS
Stark.
(d) APPLICABILITY OF INTERNATIONAL CLAIMS SET-
TLEMENT 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.
SEC. 3. CLAIMS FUNDS.
(a) IRAQ CLAIMS FUND.—The Secretary of the
Treasury is authorized to establish in the Treasury of the
United States a fund (hereafter in this Act referred to
as the ‘‘Iraq Claims Fund’’) for payment of claims under
section 2(a). The Secretary of the Treasury shall cover
into the Iraq Claims Fund such amounts as are allocated
to such fund pursuant to subsection (b).
(b) ALLOCATION OF PROCEEDS FROM IRAQI ASSET
LIQUIDATION.—
(1) IN GENERAL.—The President shall allocate
funds resulting from the liquidation of assets pursu-
ant to section 4 in the manner the President deter-
mines 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 pursu-
ant 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(a). 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(a), 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 
ADMINISTRATIVE 
EX-
PENSES.
(a) DEDUCTION.—In order to reimburse the United
States Government for its expenses in administering this
Act, the Secretary of the Treasury shall deduct 1.5 per-
cent of any amount covered into the Iraq Claims Fund.
(b) DEDUCTIONS TREATED AS MISCELLANEOUS RE-
CEIPTS.—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 Treas-
ury shall make payment, out of the Iraq Claims Fund,
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 sec-
tion 2(c), 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 pro-
portions 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 Iraq Claims
Fund that is available for distribution at the time
such payments are made.
(4) After payment has been made of the prin-
cipal 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 the Iraq Claims Fund,
any funds remaining in that fund shall be trans-
ferred to the general fund of the Treasury of the
United States.
(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. AUTHORITY TO TRANSFER RECORDS.
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.
SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UN-
USED FUNDS.
(a) STATUTE
OF LIMITATIONS.—Any demand or
claim for payment on account of an award that is certified
under this Act shall be barred one year after the publica-
tion date of the notice required by subsection (b).
(b) PUBLICATION OF NOTICE.—
(1) IN GENERAL.—At the end of the 9-year pe-
riod specified in paragraph (2), the Secretary of the
Treasury shall publish a notice in the Federal Reg-
ister 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
last date on which the Secretary of the Treasury
covers into the Iraq Claims Fund amounts allocated
to that fund pursuant to section 3(b).
(c) DISPOSITION OF UNUSED FUNDS.—
(1) DISPOSITION.—At the end of the 2-year pe-
riod 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) by depositing in the Treasury of
the United States as miscellaneous receipts any such
funds that are not used for such additional pay-
ments.
(2) UNUSED
FUNDS.—The unused funds re-
ferred to in paragraph (1) are any remaining bal-
ance in the Iraq Claims Fund.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) EXECUTIVE AGENCY.—The term ‘‘Executive
agency’’ has the meaning given that term by section
105 of title 5, United States Code.
(2) GOVERNMENT OF IRAQ.—The term ‘‘Gov-
ernment of Iraq’’ includes agencies, instrumental-
ities, and controlled entities (including public sector
enterprises) of that government.
(3) UNITED NATIONS COMMISSION.—The term
‘‘United Nations Commission’’ means the United
Nations Compensation Commission established pur-
suant to United Nations Security Council Resolution
687 (1991).
(4) UNITED
STATES
COMMISSION.—The term
‘‘United States Commission’’ means the Foreign
Claims Settlement Commission of the United States.
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