To provide for the adjudication of claims of nationals of the United States against the Government of Iraq arising during the period beginning on May 16, 1987, and ending on May 1, 2003.

November 21, 2003

Mr. GERLACH (for himself, Mr. MCGOVERN, Ms. BERKLEY, Ms. ROS-LEHTINEN, and Mr. GALLEGLY) introduced the following bill; which was referred to the Committee on International Relations

To provide for the adjudication of claims of nationals of the United States against the Government of Iraq arising during the period beginning on May 16, 1987, and ending on May 1, 2003.

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 2003'.

SEC. 2. DETERMINATION AND CERTIFICATION OF INDIVIDUAL AND CORPORATE CLAIMS.

(a) IN GENERAL- Not later than 3 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 State and the Secretary of the Treasury. Such certification shall be in the form of a single document, listing each valid claim, 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.

(b) APPLICABILITY OF THE INTERNATIONAL CLAIMS SETTLEMENT ACT OF 1949- Except to the extent inconsistent with the provisions of this Act, 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 to the same extent as such provisions apply to claims under such title. Any reference in such provisions to `this title' shall be deemed to refer to those provisions and to this Act.

(c) AWARD OF INTEREST- In determining the amount of any valid claim pursuant to this section, 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 settled. 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 settlement of the claim, and shall be compounded annually.

SEC. 3. DEFINITIONS.

In this Act:

(1) COMMISSION- The term `Commission' means the Foreign Claims Settlement Commission of the United States.

(2) CORPORATE CLAIM- 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 arising during the period beginning on May 16, 1987, and ending on May 1, 2003.

(3) GOVERNMENT OF IRAQ- The term `Government of Iraq' includes agencies and instrumentalities of, and entities (including public sector enterprises) controlled by, such government.

(4) INDIVIDUAL CLAIM- 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 arising during the period beginning on May 16, 1987, and ending on May 1, 2003.

END