H.R.4573 - Gulf War Veterans' and Other Iraqi Claims Protection Act of 2002107th Congress (2001-2002)
|Sponsor:||Rep. Doggett, Lloyd [D-TX-10] (Introduced 04/24/2002)|
|Committees:||House - International Relations|
|Latest Action:||House - 04/24/2002 Referred to the House Committee on International Relations. (All Actions)|
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Text: H.R.4573 — 107th Congress (2001-2002)All Information (Except Text)
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Introduced in House (04/24/2002)
[Congressional Bills 107th Congress] [From the U.S. Government Printing Office] [H.R. 4573 Introduced in House (IH)] 107th CONGRESS 2d Session H. R. 4573 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 April 24, 2002 Mr. Doggett (for himself, Mr. Evans, Mr. Lantos, Ms. Brown of Florida, Mr. Cramer, Mr. Dingell, Mr. Edwards, Mr. Filner, Mr. Frost, Mr. Gonzalez, Mr. Green of Texas, Ms. Hart, Ms. Jackson-Lee of Texas, Mr. Jefferson, Ms. Eddie Bernice Johnson of Texas, Mrs. Kelly, Mr. Lampson, Ms. Lee, Mr. Luther, Mr. McGovern, Ms. McKinney, Mr. Menendez, Mr. George Miller of California, Mr. Ortiz, Mr. Reyes, Ms. Rivers, Mr. Rodriguez, Mr. Sanders, Ms. Sanchez, Mr. Sandlin, Mr. Skelton, Mr. Stark, Mr. Tierney, Mr. Towns, Mr. Turner, and Ms. Woolsey) 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 Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf War Veterans' and Other Iraqi Claims Protection Act of 2002''. SEC. 2. ADJUDICATION OF CLAIMS. (a) 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 outside the jurisdiction of the United Nations Commission. Such claims must be submitted to the United States Commission within the period specified by such Commission by notice published in the Federal Register. The United States Commission shall certify to each claimant the amount determined by the Commission to be payable on the claim under this Act. (b) Decision Rules.--In deciding claims under subsection (a), the United States Commission shall apply, in the following order-- (1) applicable substantive law, including international 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 pending 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 occupation of Kuwait or out of the 1987 attack on the U.S.S. Stark. (d) 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. SEC. 3. CLAIMS FUND. (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 certified 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 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 against Iraq, 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 against Iraq 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 against Iraq bears to the sum of all claims certified under section 2(a). As used in this paragraph, the term ``certified claim of the United States Government against Iraq'' means any claim of the United States Government against Iraq which is outside the jurisdiction of the United Nations Commission and which is determined to be valid, and the amount of which 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), claims of the United States Government against Iraq which are outside the jurisdiction of the United Nations Commission, and administrative expenses under section 5. SEC. 5. REIMBURSEMENT FOR ADMINISTRATIVE EXPENSES. (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 percent of any amount covered into the Iraq Claims Fund to satisfy claims under this Act. (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 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 section 2(c), payment of an additional $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 Iraq 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. (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 determined under 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 UNUSED 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 on and after the date that is one year after the date of publication 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 of, and the names of the claimants holding, 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 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) by depositing in the Treasury of the United States as miscellaneous receipts any such funds that are not used for payments of certified claims under this Act. (2) Unused funds.--The unused funds referred to in paragraph (1) are any remaining balance 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 ``Government of Iraq'' includes agencies, instrumentalities, and entities controlled by that government (including public sector enterprises). (3) United nations commission.--The term ``United Nations Commission'' means the United Nations Compensation Commission established pursuant 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. <all>