IB 

Union Calendar No. 545 

110TH CONGRESS 

2D SESSION H. R. 5167 

[Report No. 110–844] 

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 

SEPTEMBER 15, 2008 

Additional sponsors: Mr. HINCHEY, Ms. SCHAKOWSKY, Ms. WASSERMAN

SCHULTZ, Mr. GRIJALVA, Mr. MCGOVERN, Ms. WOOLSEY, Mr. DAVIS of 

Illinois, Mr. ISSA, and Mr. GOODE

SEPTEMBER 15, 2008 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 29, 2008] 

A BILL 

To amend the National Defense Authorization Act for Fiscal 

Year 2008 to remove the authority of the President 

to waive certain provisions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Victims of 

5 Torture and Terrorism Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) During the Gulf War against Iraq in 1991, 

9 Americans serving in the United States Armed Forces 

10 were captured, became Prisoners of War (POWs), and 

11 were subsequently tortured, beaten, starved, hooked to 

12 electrical shock devices, and subjected to other horren13 dous acts by Saddam Hussein’s regime. 

14 (2) CBS News reporter Bob Simon and camera15 man Roberto Alvarez were kidnapped while on as16 signment during the 1991 Gulf War and were held 

17 and tortured, along with the American POWs. 

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1 (3) Following the Iraqi invasion of Kuwait in 

2 August 1990, many United States citizens were de3 tained by Iraq, beaten, subjected to cruel, inhumane 

4 and degrading treatment, confined under deplorable 

5 conditions, and used as ‘‘human shields’’ for the 

6 avowed purpose of preventing the United States and 

7 its coalition allies from using military force to lib8 erate Kuwait. 

9 (4) At the time these acts occurred, the Depart10 ment of State had classified Iraq as a state sponsor 

11 of terrorism. 

12 (5) The brave American POWs and American ci13 vilian hostages have suffered long-term physical, emo14 tional, and mental damage as a result of this brutal, 

15 state-sponsored torture and terrorism. 

16 (6) When the American POWs returned home 

17 after the Gulf War ended, they were given a hero’s 

18 welcome by then Secretary of Defense Dick Cheney, 

19 who told them, ‘‘Your country is opening its arms to 

20 greet you’’. 

21 (7) During the Gulf War, the Congress unani22 mously passed resolutions condemning the brutal 

23 treatment by the Government of Iraq of captured 

24 United States service members, demanding that the 

25 Government of Iraq abide by the Geneva Convention 

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1 regarding the treatment of prisoners of war, and stat2 ing an intention to hold Iraq accountable for the tor3 ture of American POWs. 

4 (8) In 1996, Congress passed an amendment to 

5 the Foreign Sovereign Immunities Act (FSIA) provi6 sions of title 28, United States Code, so that torture 

7 victims like the American POWs and the American 

8 ‘‘human shield’’ victims from the Gulf War could seek 

9 compensation for their injuries from terrorist coun10 tries, including Iraq. 

11 (9) On April 4, 2002, 17 Gulf War POWs and 

12 their families filed claims in the United States Dis13 trict Court for the District of Columbia seeking com14 pensation for damages related to their torture and 

15 abuse by the Government of Iraq. The POWs included 

16 Colonel Clifford Acree, USMC (Ret.); Lieutenant 

17 Colonel Craig Berryman, USMC (Ret.); Former Staff 

18 Sergeant Troy Dunlap, US Army; Colonel David 

19 Eberly, USAF (Ret.); Lieutenant Colonel Jeffrey D. 

20 Fox, USAF (Ret.); Chief Warrant Officer 5 Guy 

21 Hunter, USMC (Ret.); Sergeant David Lockett, US 

22 Army; Colonel H. Michael Roberts, USAF; Colonel 

23 Russell Sanborn, USMC; Captain Lawrence Ran24 dolph Slade, USN (Ret.); Major Joseph Small, USMC 

25 (Ret.); Staff Sergeant Daniel Stamaris, US Army 

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1 (Ret.); Lieutenant Colonel Richard Dale Storr, Air 

2 National Guard; Lieutenant Colonel Robert Sweet, 

3 USAF; Lieutenant Colonel Jeffrey Tice, USAF (Ret.); 

4 Former Lieutenant Robert Wetzel, USN; and Former 

5 Commander Jeffrey Zaun, USN. 

6 (10) In 2003, after the Government of Iraq re7 peatedly refused to participate in arbitration on the 

8 damage claims, and after hearing evidence of how the 

9 former POWs had been repeatedly tortured, a judge 

10 awarded them a judgment for damages, stating that 

11 ‘‘deterring torture of POWs should be of the highest 

12 priority’’. 

13 (11) Despite this ruling, the POWs and their 

14 families have not received payment, and are unable 

15 to further pursue their claims in United States courts 

16 because of the waiver that was granted for Iraq by the 

17 President under authority established in the National 

18 Defense Authorization Act for Fiscal Year 2008. 

19 (12) In December 2001, after conducting an evi20 dentiary hearing, the United States district court 

21 held, in Hill v. Republic of Iraq, that Iraq was liable 

22 for having taken United States citizens hostage fol23 lowing the Iraqi invasion of Kuwait and subsequently 

24 awarded 180 of those former hostages and their 

25 spouses a judgment for damages. 

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1 (13) On March 20, 2003, on the eve of Operation 

2 Iraqi Freedom, the President of the United States di3 rected that all of the judgments that had been award4 ed in Hill v. Republic of Iraq be paid from moneys 

5 held in blocked Iraqi accounts. 

6 (14) On that same date, the President issued an 

7 Executive order confiscating all remaining blocked as8 sets of Iraq and ordering them to be deposited into the 

9 United States Treasury to be used for Iraq recon10 struction. 

11 (15) The claims of more than 200 United States 

12 citizens who, at the same time and in the same man13 ner as the Hill plaintiffs, were held hostage in terri14 tory occupied by Iraq are currently pending in a 

15 United States district court in the case of Vine v. Re16 public of Iraq. 

17 (16) The plaintiffs in Vine v. Republic of Iraq 

18 have not been compensated and are unable to enforce 

19 any judgment they may obtain in United States 

20 courts because of the waiver that was granted for Iraq 

21 by the President under authority established in the 

22 National Defense Authorization Act for Fiscal Year 

23 2008. 

24 (17) Article 131 of the Third Geneva Convention 

25 relative to the Treatment of Prisoners of War (August 

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1 12, 1949) prohibits the United States as a party to 

2 that treaty from absolving the Government of Iraq of 

3 any liability incurred due to the torture of prisoners 

4 of war, such as the American POWs referred to in 

5 this section. 

6 (18) The United States has a moral obligation to 

7 protect its past, present, and future members of its 

8 Armed Forces, and all United States citizens, from 

9 torture and hostage-taking, and the Congress is com10 mitted to holding state sponsors of terrorism account11 able for such horrendous acts. 

12 SEC. 3. RESOLUTION OF CERTAIN CLAIMS AGAINST IRAQ. 

13 (a) RESOLUTION BY IRAQ OF CERTAIN CLAIMS.— 

14 (1) IN GENERAL.—Unless the President, before 

15 the end of the 90-day period beginning on the date de16 scribed in paragraph (2)(A), certifies to the Congress 

17 that the Government of Iraq has adequately settled the 

18 claims in the cases referred to in subsection (b), then, 

19 upon the expiration of that 90-day period, the waiver 

20 authority granted to the President in section 1083(d) 

21 of the National Defense Authorization Act for Fiscal 

22 Year 2008 (Public Law 110–181; 122 Stat. 343), and 

23 any waiver granted before the end of that 90-day pe24 riod under such authority, shall terminate. 

25 (2) DATE DESCRIBED.— 

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1 (A) IN GENERAL.—The date described in 

2 this paragraph is— 

3 (i) 30 days after the date of the enact4 ment of this Act, unless the President has 

5 certified to the Congress, before the end of 

6 that 30-day period, that— 

7 (I) the Government of Iraq has 

8 not, before, on, or after the enactment 

9 of this Act, compensated any foreign 

10 persons or entities for claims or liabil11 ities incurred by or under the control 

12 of the Saddam Hussein regime, includ13 ing, but not limited to, commercial or 

14 financial claims, and claims for acts 

15 against individuals similar to those de16 scribed in section 1605A(a)(1) of title 

17 28, United States Code; or 

18 (II) negotiations are ongoing with 

19 the Government of Iraq to settle the 

20 claims in the cases referred to in sub21 section (b), and the President believes 

22 that those negotiations are being con23 ducted in good faith and could lead to 

24 a satisfactory settlement of those 

25 claims; or 

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1 (ii) if a certification is made under 

2 clause (i), the day after the date on which 

3 that certification terminates or, if a subse4 quent certification is in effect under sub5 paragraph (B), the day after the date on 

6 which the last such certification terminates. 

7 (B) DURATION OF CERTIFICATIONS.—A cer8 tification under subclause (I) or (II) of subpara9 graph (A)(i) terminates 180 days after it is 

10 made. The President may make subsequent cer11 tifications under subclause (I) or (II) of sub12 paragraph (A)(i) for periods of not more than 

13 180 days each. 

14 (b) CASES.—The cases referred to in subsection (a)(1) 

15 are cases numbered 99:00CV03346 (TPJ), 1:01CV02674 

16 (HHK), CIV.A. 02–632 (RWR) (July 7, 2003), 

17 1:03CV00691 (HHK), and 1:03CV00888 (HHK), in the 

18 United States District Court for the District of Columbia. 

19 (c) ADEQUATE SETTLEMENT.—For purposes of sub20 section (a)(1), adequate settlement means payment by the 

21 Government of Iraq of, or an unqualified and unconditional 

22 guarantee made by a United States depository institution 

23 to pay within 30 days after the end of the 90-day period 

24 described in subsection (a)(1), at least the following 

25 amounts to the following persons: 

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1 (1) To any person— 

2 (A) whose claim in the applicable case re3 ferred to in subsection (b) arose from an act of 

4 hostage taking or from being held in hostage sta5 tus, and 

6 (B) who has not obtained a judgment on the 

7 claim before the date of the enactment of this 

8 Act, 

9 $150,000, plus $6,000 for each day the person was 

10 held as a hostage, but in no event more than 

11 $900,000. 

12 (2) To any person— 

13 (A) whose claim in the applicable case re14 ferred to in subsection (b) arose from an act of 

15 hostage taking or from being held in hostage sta16 tus, 

17 (B) who, while a hostage, was subjected to 

18 torture, and 

19 (C) who has not obtained a judgment on the 

20 claim before the date of the enactment of this 

21 Act, 

22 $2,500,000, plus $6,000 for each day the person was 

23 held as a hostage. 

24 (3) To a plaintiff in the applicable case referred 

25 to in subsection (b) who is the spouse or child of any 

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1 person who qualifies for receipt of payment under 

2 paragraph (1) or (2), one third of the amount that 

3 such person qualifies for receipt under such para4 graph. 

5 (4) To any person who, before the date of the en6 actment of this Act, obtained a judgment for compen7 satory damages in a case referred to in subsection (b) 

8 (regardless of whether such judgment was subse9 quently vacated)— 

10 (A) payment of the unsatisfied amount of 

11 such judgment, in an amount that is the lesser 

12 of $1,000,000 or the unsatisfied amount of the 

13 award; and 

14 (B) if the amount of the judgment exceeds 

15 $1,000,000, one third of the unsatisfied amount 

16 of such excess. 

17 (d) ADDITIONAL CONDITION IN CASE OF GUARANTEE

18 OF PAYMENT.—If the claims in the cases referred to in sub19 section (b) are adequately settled for purposes of subsection 

20 (a)(1) because of a guarantee of payment by a depository 

21 institution within the 30-day period specified in subsection 

22 (c), and such payment is not made within that 30-day pe23 riod, then upon the expiration of that 30-day period, the 

24 waiver authority described in subsection (a)(1), and any 

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1 waiver granted before the end of that 30-day period under 

2 such authority, shall terminate. 

3 (e) DEFINITIONS.—In this section: 

4 (1) FOREIGN PERSON OR ENTITY.—The term 

5 ‘‘foreign person or entity’’ means— 

6 (A) an individual other than a national of 

7 the United States; and 

8 (B) a person or entity, other than an indi9 vidual, that is organized under the laws of a 

10 country other than the United States. 

11 (2) HOSTAGE.—The term ‘‘hostage’’ means an 

12 individual in hostage status or an individual seized 

13 or detained in the commission of an act of hostage 

14 taking. 

15 (3) HOSTAGE STATUS.—The term ‘‘hostage sta16 tus’’ has the meaning given that term in section 

17 599C(d)(1) of the Foreign Operations, Export Fi18 nancing, and Related Programs Appropriations Act, 

19 1991 (Public Law 101–513). 

20 (4) HOSTAGE TAKING.—The term ‘‘hostage tak21 ing’’ has the meaning given that term in section 

22 1605A(h)(2) of title 28, United States Code. 

23 (5) NATIONAL OF THE UNITED STATES.—The 

24 term ‘‘national of the United States’’ has the meaning 

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1 given that term in section 1605A(h)(5) of title 28, 

2 United States Code. 

3 (6) TORTURE.—The term ‘‘torture’’ has the 

4 meaning given that term in section 3 of the Torture 

5 Victim Protection Act of 1991 (28 U.S.C. 1350 note). 

6 (7) UNITED STATES.—The term ‘‘United States’’ 

7 means the several States, the District of Columbia, 

8 and any commonwealth, territory, or possession of the 

9 United States. 

10 (8) UNITED STATES DEPOSITORY INSTITUTION.— 

11 The term ‘‘United States depository institution’’ 

12 means a depository institution organized under the 

13 laws of any State, the District of Columbia, or the 

14 United States, including a branch or agency of a for15 eign depository institution. 

16 SEC. 4. LIMITATION ON CERTAIN CLAIMS. 

17 No funds of the United States Government may be used 

18 to pay any claim— 

19 (1) that is cognizable under section 1605A of 

20 title 28, United States Code, as added by section 1083 

21 of the National Defense Authorization Act for Fiscal 

22 Year 2008, for money damages against Iraq for per23 sonal injury or death that was caused by acts com24 mitted by an official, officer, or employee of the Iraqi 

25 Government under Saddam Hussein; and 

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1 (2) with respect to which the waiver authority 

2 under section 1083(d) of the National Defense Author3 ization Act for Fiscal Year 2008 has been or may be 

4 exercised. 

Amend the title so as to read: ‘‘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.’’. 

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Union Calendar No. 545 

110TH CONGRESS 

2D SESSION H. R. 5167 

[Report No. 110–844] 

A BILL 

To amend the National Defense Authorization Act 

the President to waive certain provisions. for Fiscal Year 2008 to remove the authority of 

SEPTEMBER 15, 2008 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and ormstockstill on PROD1PC66 with BILLS