I 

110TH CONGRESS 

2D SESSION H. R. 5167 

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 

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 

5 of Torture and Terrorism Act’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

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

4 many Americans serving in the United States Armed 

5 Forces were captured, became prisoners of war 

6 (POWs), and were subsequently tortured, beaten, 

7 starved, hooked to electrical shock devices, and sub8 jected to other horrendous acts by Saddam Hus9 sein’s regime. 

10 (2) At the time these acts occurred, the United 

11 States Department of State had classified Iraq as a 

12 ‘‘state sponsor of terrorism’’. 

13 (3) During that Gulf War, the Congress passed 

14 2 resolutions by unanimous consent, stating an in15 tention to hold Iraq accountable for the torture of 

16 American POWs. 

17 (4) When these brave American POWs returned 

18 home after the Gulf War ended, they were given a 

19 hero’s welcome by then Secretary of Defense Dick 

20 Cheney, who told them, ‘‘Your country is opening its 

21 arms to greet you’’. 

22 (5) These brave American POWs have suffered 

23 long-term physical, emotional, and mental damages 

24 as a result of this brutal, state-sponsored torture. 

25 (6) In 1996, responding to concerns raised by 

26 the torture of American POWs in the Gulf War, the 


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1 Congress passed an amendment to the Foreign Sov2 ereign Immunities Act (FSIA) so that torture vic3 tims like the American POWs from the Gulf War 

4 could seek compensation for their injuries from ter5 rorist countries, including Iraq. 

6 (7) On April 4, 2002, 17 Gulf War POWs and 

7 their families filed claims in the United States Dis8 trict Court for the District of Columbia seeking com9 pensation for damages related to their torture and 

10 abuse by the Government of Iraq. The POWs in11 cluded Colonel Clifford Acree, USMC (Ret.); Lieu12 tenant Colonel Craig Berryman, USMC (Ret.); 

13 Former Staff Sergeant Troy Dunlap, US Army; 

14 Colonel David Eberly, USAF (Ret.); Lieutenant 

15 Colonel Jeffrey D. Fox, USAF (Ret.); Chief War16 rant Officer 5 Guy Hunter, USMC (Ret.); Sergeant 

17 David Lockett, US Army; Colonel H. Michael Rob18 erts, USAF; Colonel Russell Sanborn, USMC; Cap19 tain Lawrence Randolph Slade, USN (Ret.); Major 

20 Joseph Small, USMC (Ret.); Staff Sergeant Daniel 

21 Stamaris, US Army (Ret.); Lieutenant Colonel Rich22 ard Dale Storr, Air National Guard; Lieutenant 

23 Colonel Robert Sweet, USAF; Lieutenant Colonel 

24 Jeffrey Tice, USAF (Ret.); Former Lieutenant RobVerDate Aug 31 2005 23:02 Jan 30, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5167.IH H5167

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1 ert Wetzel, USN; and Former Commander Jeffrey 

2 Zaun, USN. 

3 (8) In 2003, after the Government of Iraq re4 peatedly refused to participate in arbitration on the 

5 damages claims, and after hearing evidence of how 

6 the former POWs had been repeatedly tortured, a 

7 judge awarded them a judgment for damages, stat8 ing that ‘‘deterring torture of POWs should be of 

9 the highest priority’’. 

10 (9) Article 131 of the Third Geneva Convention 

11 relative to the Treatment of Prisoners of War (Au12 gust 12, 1949) prohibits the United States, as a 

13 party to that treaty, from absolving the Government 

14 of Iraq of any liability incurred due to the torture 

15 of prisoners of war, such as the Gulf War POWs. 

16 (10) The United States has a moral obligation 

17 to protect its past, present, and future military 

18 forces from torture, and the United States Congress 

19 is committed to holding state sponsors of terrorism 

20 accountable for such horrendous acts. 

21 SEC. 3. REMOVAL OF WAIVER AUTHORITY. 

22 (a) IN GENERAL.—Section 1083 of the National De23 fense Authorization Act for Fiscal Year 2008 is amended 

24 by striking subsection (d) and redesignating subsection (e) 

25 as subsection (d). 


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1 (b) NULLIFICATION OF EXISTING WAIVERS.—Any 

2 waiver made by the President under section 1083(d) of 

3 the National Defense Authorization Act for Fiscal year 

4 2008 before the enactment of this Act shall cease to be 

5 effective on the date of the enactment of this Act. 

Æ 


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