[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1632 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1632

  To provide for the compensation of the people and Government of the 
 United States who suffered damages as a result of the attack on, and 
                 occupation of, Kuwait by Iraq in 1990.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2001

 Mr. Shadegg (for himself, Mr. Armey, Mr. Sherman, Mr. Souder, and Mr. 
    Flake) introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
  To provide for the compensation of the people and Government of the 
 United States who suffered damages as a result of the attack on, and 
                 occupation of, Kuwait by Iraq in 1990.

    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 ``Justice for Victims of Iraqi 
Aggression Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Saddam Hussein engaged in unprovoked aggression in his 
        invasion and occupation of Kuwait on August 2, 1990.
            (2) The Iraqi occupation force inflicted physical injury, 
        including rape, torture, mutilation, and murder, on persons in 
        Kuwait.
            (3) The Iraqi occupation force caused catastrophic economic 
        and ecological damage, including looting homes and businesses 
        and setting fire to 789 oil wells.
            (4) The people and Government of the United States are 
        seeking $4,300,000,000 in personal, business, and government 
        losses that occurred as a result of the invasion of Kuwait by 
        Iraqi forces.

SEC. 3. PAYMENT OF CLAIMS AGAINST IRAQ.

    (a) Iraq Claims Fund.--The Secretary of the Treasury shall 
establish in the Treasury of the United States a fund to be known as 
the Iraq Claims Fund (in this section referred to as the ``Fund'').
    (b) Vesting of Assets.--All nondiplomatic accounts of the 
Government of Iraq that have been blocked pursuant to the International 
Economic Powers Act (50 U.S.C. 1701 et seq.) shall vest in the 
President. The President, not later than 30 days after the date of the 
enactment of this Act, shall liquidate such accounts and transfer the 
amounts from the liquidation to the Fund.
    (c) Payments.--
            (1) Individual claims.--
                    (A) In general.--After receiving a certification of 
                claims from the Foreign Claims Settlement Commission of 
                the United States (in this section referred to as the 
                ``Commission'') under subsection (d), the Secretary of 
                the Treasury shall pay each such certified individual 
                claim out of the Fund as provided in subparagraph (B) 
                or (C).
                    (B) Payment in full.--If the total amount in the 
                Fund available for distribution (after making the 
                deduction for administrative expenses under subsection 
                (f)) is equal to or greater than the sum of the amounts 
                of all certified individual claims, the Secretary of 
                the Treasury shall pay each certified individual claim 
                in full.
                    (C) Pro rata payment.--If the total amount in the 
                Fund available for distribution (after making the 
                deduction for administrative expenses under subsection 
                (f)) is less than the sum of the amounts of all 
                certified individual claims, the Secretary of the 
                Treasury shall pay each certified individual claim in 
                an amount bearing the same ratio to the full value of 
                such certified individual claim as the total amount in 
                the Fund available for distribution bears to the sum of 
                the amounts of all certified individual claims.
            (2) Corporate and government claims.--
                    (A) In general.--If the Secretary of the Treasury 
                has paid all certified individual claims in full under 
                paragraph (1)(B), the Secretary of the Treasury, after 
                receiving the certification from the President under 
                subsection (e), shall pay each certified corporate 
                claim and each certified Government claim out of the 
                Fund as provided in subparagraph (B) or (C).
                    (B) Payment in full.--If the total amount in the 
                Fund available for distribution (after paying the 
                certified individual claims in full under paragraph 
                (1)(B)) is equal to or greater than the sum of the 
                amounts of all certified corporate claims and all 
                certified Government claims, the Secretary of the 
                Treasury shall pay each certified corporate claim and 
                each certified Government claim in full.
                    (C) Pro rata payment.--If the total amount in the 
                Fund available for distribution (after paying the 
                certified individual claims in full under paragraph 
                (1)(B)) is less than the sum of the amounts of all 
                certified corporate claims and all certified Government 
                claims, the Secretary of the Treasury shall pay each 
                certified corporate claim and each certified Government 
                claim in an amount bearing the same ratio to the full 
                value of such claim as the total amount in the Fund 
                available for distribution (after paying the certified 
                individual claims in full under paragraph (1)(B)) bears 
                to the sum of the amounts of all certified corporate 
                claims and all certified Government claims.
    (d) Determination and Certification of Individual and Corporate 
Claims.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Commission shall determine, in 
        accordance with applicable substantive law (including 
        international law), the validity and amount of each individual 
        and corporate claim, and shall certify such determination to 
        the Secretary of the Treasury. Such certification shall be in 
        the form of a single document, listing first the valid 
individual claims and second the valid corporate claims, and shall 
include with the listing of each claim the name and address of the 
claimant and the amount of such claim, including interest, determined 
by the Commission to be valid.
            (2) Applicability of the international claims settlement 
        act of 1949.--Except to the extent inconsistent with the 
        provisions of this section, the provisions of title I of the 
        International Claims Settlement Act of 1949 (22 U.S.C. 1621 et 
        seq.) shall apply with respect to each individual and corporate 
        claim under this section. Any reference in such provisions to 
        ``this title'' shall be deemed to refer to those provisions and 
        to this section.
            (3) Award of interest.--In determining the amount of any 
        valid claim pursuant to this subsection, the Commission shall 
        award interest on the amount of the claim for the period 
        beginning on the date that the injury, loss, or damage that 
        forms the basis of the claim occurred and ending on the date 
        that the claim is certified under paragraph (1). Interest shall 
        be awarded at the rate set by the Secretary of the Treasury 
        under section 1961(a) of title 28, United States Code, as of 
        the date that the Commission determines the validity of the 
        claim. Interest shall be computed daily to the date of the 
        certification of the claim under paragraph (1), and shall be 
        compounded annually.
            (4) Coordination with the united nations compensation 
        commission.--
                    (A) Noncertification of paid claims.--The 
                Commission shall not certify any claim under this 
                section to the extent that such claim has been paid by 
                the United Nations Compensation Commission.
                    (B) Notification of united nations claimants.--Not 
                later than 60 days after the date of the enactment of 
                this Act, the Secretary of State shall notify each 
                United Nations claimant of the provisions of this 
                section.
                    (C) Notification of united nations compensation 
                commission regarding satisfied claims.--The Secretary 
                of State shall promptly notify the United Nations 
                Compensation Commission of any amount paid under 
                subsection (c) to a United Nations claimant and shall 
                suggest that the United Nations Compensation Commission 
                reduce any eventual payment to such claimant 
                accordingly.
    (e) Determination and Certification of United States Government 
Claims.--The President of the United States shall determine the 
validity and amount of each Government claim, and shall certify the 
amount of any such valid claims to the Secretary of the Treasury.
    (f) Deduction for Administrative Expenses.--In order to reimburse 
the United States Government for its expenses in administering this 
Act, the Secretary of the Treasury, before making any payment under 
subsection (c), shall deduct from the Fund an amount equal to 1.5 
percent of any amounts transferred to the Fund. The Secretary of the 
Treasury shall deposit as miscellaneous receipts in the Treasury of the 
United States any amounts deducted from the Fund under this subsection.
    (g) Unsatisfied Claims.--Any payment made under this section shall 
not extinguish the unsatisfied portion of any claim, or be construed to 
have divested any claimant, including the United States, of any rights 
against the Government of Iraq with respect to the unsatisfied portion 
of any claim.
    (h) Definitions.--In this section:
            (1) The term ``corporate claim'' means a claim by any 
        corporation, partnership, association, or other legal entity 
        organized under the laws of the United States, any State, the 
        District of Columbia, or any commonwealth, territory, or 
        possession of the United States against the Government of Iraq 
        for injuries, losses, or other damages suffered as a result of 
        the invasion and occupation of Kuwait by Iraq in 1990.
            (2) The term ``Government claim'' means a claim by the 
        Government of the United States against the Government of Iraq 
        for injuries, losses, or other damages suffered as a result of 
        the invasion and occupation of Kuwait by Iraq in 1990.
            (3) The term ``Government of Iraq'' includes agencies and 
        instrumentalities of, and entities (including public sector 
        enterprises) controlled by, such government.
            (4) The term ``individual claim'' means a claim by any 
        citizen or national of the United States against the Government 
        of Iraq for injuries, losses, or other damages suffered as a 
        result of the invasion and occupation of Kuwait by Iraq in 
        1990.
            (5) The term ``United Nations claimant'' means--
                    (A) any citizen or national of the United States 
                with a claim pending before the United Nations 
                Compensation Commission; or
                    (B) any corporation, partnership, association, or 
                other legal entity, organized under the laws of the 
                United States, any State, the District of Columbia, or 
                any commonwealth, territory, or possession of the 
                United States, with a claim pending before the United 
                Nations Compensation Commission.

SEC. 4. CONSTITUTIONAL AUTHORITY.

    The authority on which this Act rests is the power of Congress to 
make all laws which are necessary and proper for carrying into 
execution the powers vested by the Constitution in the Government of 
the United States, or in any Department or officer thereof, as 
enumerated in section 8 of article I of the United States Constitution.
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