[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5167 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5167

To amend the National Defense Authorization Act for Fiscal Year 2008 to 
   remove the authority of the President to waive certain provisions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2008

      Mr. Braley of Iowa (for himself, Mr. Conyers, Mr. Frank of 
  Massachusetts, Mr. Sestak, Mr. Hare, Ms. Sutton, Mr. Sarbanes, Mr. 
 Kagen, Ms. Hirono, Ms. Kilpatrick, Mr. Hall of New York, Mr. Welch of 
 Vermont, Ms. Shea-Porter, Mr. Walz of Minnesota, Mr. Perlmutter, Mr. 
Gonzalez, Mr. Carnahan, Mr. Courtney, Mr. George Miller of California, 
   Mr. Cummings, Mr. Murphy of Connecticut, Ms. Lee, Ms. Castor, Ms. 
Jackson-Lee of Texas, Mr. Ellison, Mr. Kennedy, Mr. Johnson of Georgia, 
 Mr. Moran of Virginia, and Ms. Hooley) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the National Defense Authorization Act for Fiscal Year 2008 to 
   remove the authority of the President to waive certain provisions.

    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 Torture and 
Terrorism Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) During the Gulf War against Iraq in 1991, many 
        Americans serving in the United States Armed Forces were 
        captured, became prisoners of war (POWs), and were subsequently 
        tortured, beaten, starved, hooked to electrical shock devices, 
        and subjected to other horrendous acts by Saddam Hussein's 
        regime.
            (2) At the time these acts occurred, the United States 
        Department of State had classified Iraq as a ``state sponsor of 
        terrorism''.
            (3) During that Gulf War, the Congress passed 2 resolutions 
        by unanimous consent, stating an intention to hold Iraq 
        accountable for the torture of American POWs.
            (4) When these brave American POWs returned home after the 
        Gulf War ended, they were given a hero's welcome by then 
        Secretary of Defense Dick Cheney, who told them, ``Your country 
        is opening its arms to greet you''.
            (5) These brave American POWs have suffered long-term 
        physical, emotional, and mental damages as a result of this 
        brutal, state-sponsored torture.
            (6) In 1996, responding to concerns raised by the torture 
        of American POWs in the Gulf War, the Congress passed an 
        amendment to the Foreign Sovereign Immunities Act (FSIA) so 
        that torture victims like the American POWs from the Gulf War 
        could seek compensation for their injuries from terrorist 
        countries, including Iraq.
            (7) On April 4, 2002, 17 Gulf War POWs and their families 
        filed claims in the United States District Court for the 
        District of Columbia seeking compensation for damages related 
        to their torture and abuse by the Government of Iraq. The POWs 
        included Colonel Clifford Acree, USMC (Ret.); Lieutenant 
        Colonel Craig Berryman, USMC (Ret.); Former Staff Sergeant Troy 
        Dunlap, US Army; Colonel David Eberly, USAF (Ret.); Lieutenant 
        Colonel Jeffrey D. Fox, USAF (Ret.); Chief Warrant Officer 5 
        Guy Hunter, USMC (Ret.); Sergeant David Lockett, US Army; 
        Colonel H. Michael Roberts, USAF; Colonel Russell Sanborn, 
        USMC; Captain Lawrence Randolph Slade, USN (Ret.); Major Joseph 
        Small, USMC (Ret.); Staff Sergeant Daniel Stamaris, US Army 
        (Ret.); Lieutenant Colonel Richard Dale Storr, Air National 
        Guard; Lieutenant Colonel Robert Sweet, USAF; Lieutenant 
        Colonel Jeffrey Tice, USAF (Ret.); Former Lieutenant Robert 
        Wetzel, USN; and Former Commander Jeffrey Zaun, USN.
            (8) In 2003, after the Government of Iraq repeatedly 
        refused to participate in arbitration on the damages claims, 
        and after hearing evidence of how the former POWs had been 
        repeatedly tortured, a judge awarded them a judgment for 
        damages, stating that ``deterring torture of POWs should be of 
        the highest priority''.
            (9) Article 131 of the Third Geneva Convention relative to 
        the Treatment of Prisoners of War (August 12, 1949) prohibits 
        the United States, as a party to that treaty, from absolving 
        the Government of Iraq of any liability incurred due to the 
        torture of prisoners of war, such as the Gulf War POWs.
            (10) The United States has a moral obligation to protect 
        its past, present, and future military forces from torture, and 
        the United States Congress is committed to holding state 
        sponsors of terrorism accountable for such horrendous acts.

SEC. 3. REMOVAL OF WAIVER AUTHORITY.

    (a) In General.--Section 1083 of the National Defense Authorization 
Act for Fiscal Year 2008 is amended by striking subsection (d) and 
redesignating subsection (e) as subsection (d).
    (b) Nullification of Existing Waivers.--Any waiver made by the 
President under section 1083(d) of the National Defense Authorization 
Act for Fiscal year 2008 before the enactment of this Act shall cease 
to be effective on the date of the enactment of this Act.
                                 <all>