[Congressional Record Volume 154, Number 160 (Thursday, October 2, 2008)]
[Senate]
[Page S10413]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM ACT

  Mr. HARKIN. Mr. President, I know this is kind of a hectic time in 
Congress. We are trying to get bills passed. People want to get home to 
campaign and for the election. But I want to highlight a very important 
bill I am working on with my colleague, Congressman Bruce Braley from 
the State of Iowa.
  I would like to urge my colleagues to take the time to look at this 
important measure. It is H.R. 5167, the Justice for Victims of Torture 
and Terrorism Act. I am hopeful when we are back in November--and we 
will be back on the 17th doing business--we will be able to pass this 
bill and send it to the President for his signature.
  Let me highlight some of the bill's most important aspects. H.R. 5167 
will finally provide justice for American prisoners of war and 
civilians who were taken hostage and tortured by Saddam Hussein's 
regime.
  These victims include 17 American prisoners of war who were tortured 
under Saddam Hussein's regime and who sought compensation through the 
courts. These victims also include CBS reporter Bob Simon and his 
cameraman, Roberto Alvarez, who were captured and tortured along with 
the POWs.
  These brave POWs were beaten and starved by Saddam Hussein's regime, 
and they were awarded compensation from a U.S. judge until the Bush 
administration lawyers intervened in the case and said it should be 
thrown out.
  These victims were, again, denied justice by the Bush administration 
when President Bush vetoed H.R. 1585, the fiscal year 2008 National 
Defense Authorization Act, which would have allowed Americans tortured 
by Saddam Hussein's regime to pursue justice in U.S. courts.
  This bill, H.R. 5167, is the result of a bipartisan compromise that 
passed the House unanimously--unanimously--on September 15. The bill 
gives the Government of Iraq 90 days to resolve the claims of American 
victims of Iraqi torture and terrorism for minimal amounts before the 
waiver that was put into last year's DOD bill would be terminated. As a 
result of the bipartisan compromise made in the House, the waiver would 
remain in place as long as the President certifies that Iraq has not 
settled commercial claims or that the administration is engaged in 
good-faith negotiations with Iraq to settle the claims of the victims. 
Let me point out, the compensation due these victims would not be U.S. 
taxpayer money but coming from the Iraqi treasury. It is time these 
victims are compensated. This bill will allow that to happen.
  Right now, the Iraqi Government is depositing billions--billions--of 
dollars in U.S. banks in the U.S. and billions in other places around 
the world. Surely--surely--they can help compensate the 17 American 
prisoners of war and others who were tortured and beaten under Saddam 
Hussein.
  So, again, as I pointed out, it passed the House unanimously. I urge 
my colleagues to take a look at this bill. I am hopeful when we come 
back in November we can take it up and pass it unanimously just like 
they did in the House.
  With that, Mr. President, I yield the floor and suggest the absence 
of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SALAZAR. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________