[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 93 Introduced in House (IH)]






109th CONGRESS
  1st Session
H. CON. RES. 93

  Expressing the sense of the Congress that the Department of Justice 
should halt efforts to block compensation for torture inflicted by the 
 Government of Iraq on American prisoners of war during the 1991 Gulf 
                                  War.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2005

  Mr. Reyes submitted the following concurrent resolution; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Expressing the sense of the Congress that the Department of Justice 
should halt efforts to block compensation for torture inflicted by the 
 Government of Iraq on American prisoners of war during the 1991 Gulf 
                                  War.

Whereas while serving in the Gulf War, 23 American soldiers were captured and 
        held as prisoners of war in Kuwait and Iraq between January and March 
        1991;
Whereas the American prisoners of war were subjected to physical and 
        psychological torture, including beatings, starvation, mock executions, 
        and inhumane living conditions, and the prisoners were tortured at 
        various locations, including the Abu Ghraib prison;
Whereas the Congress, in the Antiterrorism and Effective Death Penalty Act of 
        1996, amended the foreign sovereign immunities provisions of title 28, 
        United States Code (28 U.S.C. 1602 et seq.) to provide that American 
        victims of terrorist acts, including specifically torture, could bring 
        suit in United States courts against state sponsors of terrorism and 
        their officials so as to secure compensation for their injuries and 
        deter terrorist acts against Americans;
Whereas using the authority granted by the Congress in those amendments made by 
        the Antiterrorism and Effective Death Penalty Act of 1996 to the foreign 
        sovereign immunities provisions of title 28, United States Code, 17 of 
        the American prisoners of war filed a lawsuit against the Government of 
        Iraq seeking compensation for the injuries they suffered;
Whereas on July 7, 2003, United States District Court Judge Richard W. Roberts 
        issued a decision awarding the prisoners of war $653,000,000 for 
        compensatory damages and $306,000,000 in punitive damages, to be paid by 
        the Government of Iraq;
Whereas since the judgement in favor of the prisoners of war, the White House 
        has stated that no funds should go to prisoners of war from the 1991 
        Gulf War, and the Department of Justice has sought to block payment of 
        the court-ordered judgment;
Whereas Secretary of Defense Donald Rumsfeld has stated his belief that Iraqi 
        citizens who were subject to abuse and cruelty by members of the United 
        States Armed Forces at the Abu Ghraib prison and other detention 
        facilities should be provided compensation for their mistreatment; and
Whereas in the interests of fairness for American prisoners of war, members of 
        the United States Armed Forces who were held captive during the 1991 
        Gulf War and tortured at the Abu Ghraib prison and other locations in 
        Iraq and Kuwait should be compensated for their suffering: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that the Department of Justice 
should halt efforts to block compensation for torture inflicted on 
American prisoners of war by the Government of Iraq during the 1991 
Gulf War.
                                 <all>