A bill to terminate the authority of the President to waive, with regard to Iraq, certain provisions under the National Defense Authorization Act for Fiscal Year 2008 unless certain conditions are met.

OF CERTAIN CLAIMS AGAINST IRAQ.

    (a) Resolution by Iraq of Certain Claims.--
            (1) In general.--Unless the President, before the end of 
        the 90-day period beginning on the date described in paragraph 
        (2)(A), certifies to the Congress that the Government of Iraq 
        has adequately settled the claims in the cases referred to in 
        subsection (b), then, upon the expiration of that 90-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 90-day period under such 
        authority, shall terminate.
            (2) Date described.--
                    (A) In general.--The date described in this 
                paragraph is--
                            (i) 30 days after the date of the enactment 
                        of this Act, unless the President has certified 
                        to the Congress, before the end of that 30-day 
                        period, that--
                                    (I) the Government of Iraq has not, 
                                before, on, or after the enactment of 
                                this Act, compensated any foreign 
                                persons or entities for claims or 
                                liabilities incurred by or under the 
                                control of the Saddam Hussein regime, 
                                including, but not limited to, 
                                commercial or financial claims, and 
                                claims for acts against individuals 
                                similar to those described in section 
                                1605A(a)(1) of title 28, United States 
                                Code; or
                                    (II) negotiations are ongoing with 
                                the Government of Iraq to settle the 
                                claims in the cases referred to in 
                                subsection (b), and the President 
                                believes that those negotiations are 
                                being conducted in good faith and could 
                                lead to a satisfactory settlement of 
                                those claims; or
                            (ii) if a certification is made under 
                        clause (i), the day after the date on which 
                        that certification terminates or, if a 
                        subsequent certification is in effect under 
                        subparagraph (B), the day after the date on 
                        which the last such certification terminates.
                    (B) Duration of certifications.--A certification 
                under subclause (I) or (II) of subparagraph (A)(i) 
                terminates 180 days after it is made. The President may 
                make subsequent certifications under subclause (I) or 
                (II) of subparagraph (A)(i) for periods of not more 
                than 180 days each.
    (b) Cases.--The cases referred to in subsection (a)(1) are cases 
numbered 99:00CV03346 (TPJ), 1:01CV02674 (HHK), CIV.A. 02-632 (RWR) 
(July 7, 2003), 1:03CV00691 (HHK), and 1:03CV00888 (HHK), in the United 
States District Court for the District of Columbia.
    (c) Adequate Settlement.--For purposes of subsection (a)(1), 
adequate settlement means payment by the Government of Iraq of, or an 
unqualified and unconditional guarantee made by a United States 
depository institution to pay within 30 days after the end of the 90-
day period described in subsection (a)(1), at least the following 
amounts to the following persons:
            (1) To any person--
                    (A) whose claim in the applicable case referred to 
                in subsection (b) arose from an act of hostage taking 
                or from being held in hostage status, and
                    (B) 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.
            (2) To any person--
                    (A) whose claim in the applicable case referred to 
                in subsection (b) arose from an act of hostage taking 
                or from being held in hostage status,
                    (B) who, while a hostage, was subjected to torture, 
                and
                    (C) 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.
            (3) To a plaintiff in the applicable case referred to in 
        subsection (b) who is the spouse 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.
            (4) 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 subsection (b) (regardless of whether such 
        judgment was subsequently vacated)--
                    (A) 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
                    (B) if the amount of the judgment exceeds 
                $1,000,000, one third of the unsatisfied amount of such 
                excess.
    (d) Additional Condition in Case of Guarantee of Payment.--If the 
claims in the cases referred to in subsection (b) are adequately 
settled for purposes of subsection (a)(1) because of a guarantee of 
payment by a depository institution within the 30-day period specified 
in subsection (c), and such payment is not made within that 30-day 
period, then upon the expiration of that 30-day period, the waiver 
authority described in subsection (a)(1), and any waiver granted before 
the end of that 30-day period under such authority, shall terminate.
    (e) Definitions.--In this section:
            (1) Foreign person or entity.--The term ``foreign person or 
        entity'' means--
                    (A) an individual other than a national of the 
                United States; and
                    (B) a person or entity, other than an individual, 
                that is organized under the laws of a country other 
                than the United States.
            (2) 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.
            (3) 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).
            (4) Hostage taking.--The term ``hostage taking'' has the 
        meaning given that term in section 1605A(h)(2) of title 28, 
        United States Code.
            (5) National of the united states.--The term ``national of 
        the United States'' has the meaning given that term in section 
        1605A(h)(5) of title 28, United States Code.
            (6) 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).
            (7) United states.--The term ``United States'' means the 
        several States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            (8) 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.

SEC. 4. LIMITATION ON CERTAIN CLAIMS.

    No funds of the United States Government may be used to pay any 
claim--
            (1) that is cognizable under section 1605A of title 28, 
        United States Code, as added by section 1083 of the National 
        Defense Authorization Act for Fiscal Year 2008, for money 
        damages against Iraq for personal injury or death that was 
        caused by acts committed by an official, officer, or employee 
        of the Iraqi Government under Saddam Hussein; and
            (2) with respect to which the waiver authority under 
        section 1083(d) of the National Defense Authorization Act for 
        Fiscal Year 2008 has been or may be exercised.

            Passed the House of Representatives September 15, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Justice for Victims of Torture and Terrorism Act - Terminates the authority of the President to grant the government of Iraq immunity from actions by victims of terrorism seeking compensation for injuries caused by officials, employees, or agents of the government of Iraq during the 1991 Gulf War when such government was classified as a state sponsor of terrorism, unless the President certifies to Congress that Iraq has adequately settled specified claims of US soldiers and civilians held in Iraq as POWs and hostages and subject to state-sponsored torture and terrorism. Provides an exception to the termination of such authority if the President certifies that: (1) Iraq has not compensated any foreign persons or entities for claims or liabilities incurred by or under the control of the Saddam Hussein regime, including commercial or financial claims and claims for acts against individuals similar to those described above. Or (2) negotiations are ongoing with Iraq to settle the American claims, and the President believes that those negotiations are being conducted in good faith and could lead to a satisfactory settlement. Limits the latter certification period to 180 days . Defines various adequate settlement amounts, depending on the victim, length of torture or detainment, etc. Prohibits the use of any US funds to pay any claim covered under this Act.