Justice for Victims of Torture and Terrorism

(a)

Findings

The Congress finds the following: (1)During the Gulf War against Iraq in 1991, 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)CBS News reporter Bob Simon and cameraman Roberto Alvarez were kidnapped while on assignment during the 1991 Gulf War and were held and tortured, along with the American POWs. (3)Following the Iraqi invasion of Kuwait in August 1990, many United States citizens were detained by Iraq, beaten, subjected to cruel, inhumane and degrading treatment, confined under deplorable conditions, and used as human shields for the avowed purpose of preventing the United States and its coalition allies from using military force to liberate Kuwait. (4)At the time these acts occurred, the Department of State had classified Iraq as a state sponsor of terrorism. (5)The brave American POWs and American civilian hostages have suffered long-term physical, emotional, and mental damage as a result of this brutal, state-sponsored torture and terrorism. (6)When the 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. (7)During the 1991 Gulf War, the Congress unanimously passed resolutions condemning the brutal treatment by the Government of Iraq of captured United States service members, demanding that the Government of Iraq abide by the Geneva Convention regarding the treatment of prisoners of war, and stating an intention to hold Iraq accountable for the torture of American POWs. (8)In 1996, Congress passed an amendment to the Foreign Sovereign Immunities Act (FSIA) provisions of title 28, United States Code, so that torture victims like the American POWs and the American human shield victims from the Gulf War could seek compensation for their injuries from terrorist countries, including Iraq. (9)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, U.S. Army; Colonel David Eberly, USAF (Ret.); Lieutenant Colonel Jeffrey D. Fox, USAF (Ret.); Chief Warrant Officer 5 Guy Hunter, USMC (Ret.); Sergeant David Lockett, U.S. 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, U.S. 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. (10)In 2003, after the Government of Iraq repeatedly refused to participate in arbitration on the damage 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. (11)Despite this ruling, the POWs and their families have not received payment, and are unable to further pursue their claims in United States courts because of the waiver that was granted for Iraq by the President under authority established in the National Defense Authorization Act for Fiscal Year 2008. (12)In December 2001, after conducting an evidentiary hearing, the United States district court held, in Hill v. Republic of Iraq, that Iraq was liable for having taken United States citizens hostage following the Iraqi invasion of Kuwait and subsequently awarded 180 of those former hostages and their spouses a judgment for damages. (13)On March 20, 2003, on the eve of Operation Iraqi Freedom, the President of the United States directed that all of the judgments that had been awarded in Hill v. Republic of Iraq be paid from moneys held in blocked Iraqi accounts. (14)On that same date, the President issued an Executive order confiscating all remaining blocked assets of Iraq and ordering them to be deposited into the United States Treasury to be used for Iraq reconstruction. (15)The claims of more than 200 United States citizens who, at the same time and in the same manner as the Hill plaintiffs, were held hostage in territory occupied by Iraq are currently pending in a United States district court in the case of Vine v. Republic of Iraq. (16)The plaintiffs in Vine v. Republic of Iraq have not been compensated and are unable to enforce any judgment they may obtain in United States courts because of the waiver that was granted for Iraq by the President under authority established in the National Defense Authorization Act for Fiscal Year 2008. (17)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 American POWs referred to in this section. (18)The United States has a moral obligation to protect its past, present, and future members of its Armed Forces, and all United States citizens, from torture and hostage-taking, and the Congress is committed to holding state sponsors of terrorism accountable for such horrendous acts. (b)

Resolution of certain claims against Iraq

(1)

Adequate settlement of certain cases

Unless the claims in the cases referred to in paragraph (2) have been adequately settled before the end of the 30-day period beginning on the date of the enactment of this Act, then, upon the expiration of that 30-day period, the waiver authority granted to the President in section 1083(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 343), and any waiver granted before the end of that 30-day period under such authority, shall terminate. (2)

Cases

The cases referred to in paragraph (1) are cases numbered 99:00CV03346 (TPJ), 1:01CV02674 (HHK), CIV.A. 02–632 (RWR) (July 7, 2003), 1:03CV00691 (HHK), 1:03CV00888 (HHK), and No. 03–0215 (JDB), in the United States District Court for the District of Columbia. (3)

Adequate settlement

For purposes of paragraph (1), adequate settlement means payment by the Government of Iraq, or payment by a United States depository institution pursuant to an unqualified and unconditional guarantee made by such depository institution, of at least the following amounts to the following persons: (A)To any person— (i)whose claim in the applicable case referred to in paragraph (2) arose from an act of hostage taking or from being held in hostage status, and (ii)who has not obtained a judgment on the claim before the date of the enactment of this Act,

$150,000, plus $6,000 for each day the person was held as a hostage, but in no event more than $900,000.

(B)To any person— (i)whose claim in the applicable case referred to in paragraph (2) arose from an act of hostage taking or from being held in hostage status, (ii)who, while a hostage, was subjected to torture, and (iii)who has not obtained a judgment on the claim before the date of the enactment of this Act,

$2,500,000, plus $6,000 for each day the person was held as a hostage.

(C)To a plaintiff in the applicable case referred to in paragraph (2) who is the spouse or was at the time the claims arose, or child of any person who qualifies for receipt of payment under paragraph (1) or (2), one-third of the amount that such person qualifies for receipt under such paragraph. (D)To any person who, before the date of the enactment of this Act, obtained a judgment for compensatory damages in a case referred to in paragraph (2) (regardless of whether such judgment was subsequently vacated)— (i)payment of the unsatisfied amount of such judgment, in an amount that is the lesser of $1,000,000 or the unsatisfied amount of the award; and (ii)if the amount of the judgment exceeds $1,000,000, one-third of the unsatisfied amount of such excess. (4)

Definitions

In this section: (A)

Hostage

The term hostage means an individual in hostage status or an individual seized or detained in the commission of an act of hostage taking. (B)

Hostage status

The term hostage status has the meaning given that term in section 599C(d)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513). (C)

Hostage taking

The term hostage taking has the meaning given that term in section 1605A(h)(2) of title 28, United States Code. (D)

Person

The term person includes the legal representative of a claimant’s estate. (E)

Torture

The term torture has the meaning given that term in section 3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note). (F)

United states

The term United States means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (G)

United states depository institution

The term United States depository institution means a depository institution organized under the laws of any State, the District of Columbia, or the United States, including a branch or agency of a foreign depository institution. (c)

Additional provisions

(1)

Construction of appropriations act provision

Section 1503 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 579), and any exercise of authority by the President pursuant to such section 1503, was never intended to and did not provide for the removal of jurisdiction over cases brought under section 1605(a)(7) of title 28, United States Code. (2)

Construction of ndaa provision

Section 1083(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 343), and any waiver exercised by the President pursuant to such section 1083(d), was never intended to and did not provide for the removal of jurisdiction over cases brought under section 1605(a)(7) of title 28, United States Code. (3)

Applicability of ndaa provision

Notwithstanding any other provision of law, section 1083(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 342) shall apply, beginning on the date of the enactment of this Act, to the cases referred to in subsection (b)(2) of this section, notwithstanding any waiver of that provision with respect to Iraq.