[Congressional Record (Bound Edition), Volume 146 (2000), Part 9]
[House]
[Pages 12143-12144]
[From the U.S. Government Publishing Office, www.gpo.gov]



SENSE OF CONGRESS WITH REGARD TO IRAQ'S FAILURE TO RELEASE PRISONERS OF 
                                  WAR

  Mr. GILMAN. Mr. Speaker, I ask unanimous consent that the Committee 
on International Relations be discharged from further consideration of 
the concurrent resolution (H. Con. Res. 275) expressing the sense of 
the Congress with regard to Iraq's failure to release prisoners of war 
from Kuwait and nine other nations in violation of international 
agreements, and ask for its immediate consideration in the House.
  The Clerk read the title of the concurrent resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  The Clerk read the concurrent resolution, as follows:

                            H. Con. Res. 275

       Whereas in 1990 and 1991, thousands of Kuwaitis were 
     randomly arrested on the streets of Kuwait during the Iraqi 
     occupation;
       Whereas in February 1993, the Government of Kuwait compiled 
     evidence documenting the existence of 605 prisoners of war 
     and submitted its files to the International Committee of the 
     Red Cross (ICRC), which passed those files on to Iraq, the 
     United Nations, and the Arab League;
       Whereas numerous testimonials exist from family members who 
     witnessed the arrest and forcible removal of their relatives 
     by Iraqi armed forces during the occupation;
       Whereas eyewitness reports from released prisoners of war 
     indicate that many of those who are still missing were seen 
     and contacted in Iraqi prisons;
       Whereas official Iraqi documents left behind in Kuwait 
     chronicle in detail the arrest, imprisonment, and transfer of 
     significant numbers of Kuwaitis, including those who are 
     still missing;
       Whereas in 1991, the United Nations Security Council 
     overwhelmingly passed Security Council Resolutions 686 and 
     687 that were part of the broad cease-fire agreement accepted 
     by the Iraqi regime;
       Whereas United Nations Security Council Resolution 686 
     calls upon Iraq to arrange for immediate access to and 
     release of all prisoners of war under the auspices of the 
     ICRC and to return the remains of the deceased personnel of 
     the forces of Kuwait and the Member States cooperating with 
     Kuwait;
       Whereas United Nations Security Resolution 687 calls upon 
     Iraq to cooperate with the ICRC in the repatriation of all 
     Kuwaiti and third-country nationals, to provide the ICRC with 
     access to the prisoners wherever they are located or 
     detained, and to facilitate the ICRC search for those 
     unaccounted for;
       Whereas the Government of Kuwait, in accordance with United 
     Nations Security Council Resolution 686, immediately released 
     all Iraqi prisoners of war as required by the terms of the 
     Geneva Convention;
       Whereas immediately following the cease-fire in March 1991, 
     Iraq repatriated 5,722 Kuwaiti prisoners of war under the 
     aegis of the ICRC and freed 500 Kuwaitis held by rebels in 
     southern Iraq;
       Whereas Iraq has hindered and blocked efforts of the 
     Tripartite Commission, the eight-country commission chaired 
     by the ICRC and responsible for locating and securing the 
     release of the remaining prisoners of war;
       Whereas Iraq has denied the ICRC access to Iraqi prisons in 
     violation of Article 126 of the Third Geneva Convention, to 
     which Iraq is a signatory; and
       Whereas Iraq--under the direction and control of Saddam 
     Hussein--has failed to locate and secure the return of all 
     prisoners of war being held in Iraq, including prisoners from 
     Kuwait and nine other nations: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That--
       (1) the Congress--
       (A) acknowledges that there remain 605 prisoners of war 
     imprisoned in Iraq, although Kuwait was liberated from Iraq's 
     brutal invasion and occupation on February 26, 1991;
       (B) condemns and denounces the Iraqi Government's refusal 
     to comply with international human rights instruments to 
     which it is a party;
       (C) urges Iraq immediately to disclose the names and 
     whereabouts of those who are still alive among the Kuwaiti 
     prisoners of war and other nations to bring relief to their 
     families; and
       (D) insists that Iraq immediately allow humanitarian 
     organizations such as the International Committee of the Red 
     Cross to visit the living prisoners and to recover the 
     remains of those who have died while in captivity; and
       (2) it is the sense of the Congress that the United States 
     Government should--
       (A) actively and urgently work with the international 
     community and the Government of Kuwait, in accordance with 
     United Nations Security Council Resolutions 686 and 687, to 
     secure the release of Kuwaiti prisoners of war and other 
     prisoners of war who are still missing nine years after the 
     end of the Gulf War; and
       (B) exert pressure, as a permanent member of the United 
     Nations Security Council, on Iraq to bring this issue to a 
     close, to release all remaining prisoners of the Iraqi 
     occupation of Kuwait, and to rejoin the community of nations 
     with a humane gesture of good will and decency.

  The SPEAKER pro tempore. The gentleman from New York (Mr. Gilman) is 
recognized for 1 hour.
  Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to express my support for H. Con. Res. 275, and I 
commend the gentleman from Florida (Mr. Wexler) for his leadership on 
this issue.
  I extend my appreciation to the gentleman from California (Mr. 
Rohrabacher), who successfully had an amendment during our committee's 
consideration of the resolution.
  During our markup last week, the amendment of the gentleman from 
California (Mr. Rohrabacher) calls on our government and those in the 
international community to resolve the case of U.S. Navy Lieutenant 
Commander Michael Speicher, who was shot down over Iraq in January of 
1991.
  Mr. Speaker, during the Gulf War, thousands of Kuwaitis were randomly 
arrested during the Iraqi occupation. The government of Kuwait compiled 
evidence documenting the evidence of

[[Page 12144]]

605 prisoners of war and submitted its files to the International 
Committee of the Red Cross, which passed these files on to Iraq and to 
the United Nations.
  U.N. Security Council Resolutions 686 and 687 call for Iraq to 
cooperate with the ICRC in releasing all of those prisoners of war and 
facilitate the search for those who remain unaccounted for. 
Regrettably, however, Iraq has hindered all efforts to locate and 
secure the release of those individuals, and Iraq has denied the ICRC 
access to its prisons in violation of article 126 of the third Geneva 
Convention to which Iraq is a signatory.
  Accordingly, H. Con. Res. 275 condemns the Iraqi governments refusal 
to comply with the will of the international community regarding these 
prisoners of war and urges Iraq to fulfill both the letter and the 
spirit of resolution 686 and 687.
  This resolution expresses the sense of Congress that our own 
government should continue to actively seek the release of these 
Kuwaiti prisoners of war as well as other prisoners of war who are 
still missing some 9 years after the fact.
  Accordingly, I urge the adoption of H. Con. Res. 275.


                    Amendment Offered by Mr. Gilman

  Mr. GILMAN. Mr. Speaker, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Gilman:
       Page 4, line 5, strike ``and''.
       Page 4, after line 10, insert the following:
       (E) urges Iraq to immediately release all information 
     regarding the fate of United States Navy Lieutenant Commander 
     Michael Speicher and to release Lieutenant Commander 
     Speicher, or deliver his remains, to the International 
     Committee of the Red Cross for return to the United States; 
     and
       Page 4, line 19, strike ``and'' at the end.
       Page 5, line 2, strike the period and insert ``; and''.
       Page 5, after line 2, add the following:
       (C) actively and urgently work with the international 
     community and the Government of Kuwait to actively seek 
     information on the status of United States Navy Lieutenant 
     Commander Michael Speicher and make every effort to expedite 
     the release of Lieutenant Commander Speicher, or deliver his 
     remains, from Iraq.

  The amendment was agreed to.
  The concurrent resolution was agreed to.


            Amendment to the Preamble Offered by Mr. Gilman

  Mr. GILMAN. Mr. Speaker, I offer an amendment to the preamble.
  The Clerk read as follows:

       Amendment to the Preamble Offered by Mr. Gilman:
       In the 12th clause of the preamble, strike ``and'' at the 
     end.
       In the 13th clause of the preamble, strike ``: Now, 
     therefore, be it'' and insert ``; and''.
       At the end of the preamble, add the following:
       Whereas significant questions remain regarding the status 
     of United States Navy Lieutenant Commander Michael Speicher, 
     who was shot down over Iraq on January 16, 1991, during 
     Operation Desert Storm and was declared dead by the United 
     States Navy without the conduct of an adequate search and 
     rescue operation, however subsequent information obtained 
     after the Persian Gulf Conflict by United States officials 
     has raised the possibility that Lieutenant Commander Speicher 
     survived and was captured by Iraqi forces: Now, therefore, be 
     it

  The amendment to the preamble was agreed to.
  A motion to reconsider was laid on the table.

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