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Whereas the inability of the United States to meaningfully
address the murder of two members of the United States
Armed Forces in this instance raises concerns about the
effectiveness of legal protections for the men and women
of the United States Armed Forces who serve in foreign
lands and for their families;
Whereas the United States has more than 350,000 military
personnel deployed in over 120 foreign countries;
Whereas tragic and wrongful acts against United States mili-
tary personnel may occur in the future, and the United
States should not again be unable to obtain redress, as
in the case of the deaths of David H. Pickett and Ear-
nest Dawson, Jr.; and
Whereas the 104th Congress enacted the War Crimes Act of
1996, which provided by law for criminal penalties for
certain war crimes and for certain grave breaches of the
Geneva Convention, and the 105th Congress strength-
ened and improved those provisions: Now, therefore, be
it
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. EXPRESSION OF CONGRESS WITH RESPECT TO
THE DEATHS OF DAVID H. PICKETT AND EAR-
NEST DAWSON, JR.
The Congress expresses—
(1) sincere appreciation for the military service
of Lieutenant Colonel David H. Pickett, Private
First Class Earnest Dawson Jr., and Chief Warrant
Officer Daniel Scott;
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(2) deepest sympathy to the families of David
H. Pickett and Earnest Dawson, Jr., for their tragic
and wrongful deaths; and
(3) profound regret that the available remedies
have failed to bring Ferman Hernandez and
Serveriano Fuentes to justice and thereby bring clo-
sure to this tragedy.
SEC. 2. SENSE OF THE CONGRESS WITH RESPECT TO WAR
CRIMES.
It is the sense of the Congress that—
(1) the United States should improve the legal
protections for its military personnel who serve in
foreign lands and the families of such military per-
sonnel;
(2) the Government of El Salvador should
amend its Constitution to permit the extradition of
Ferman Hernandez and Serveriano Fuentes to the
United States for trial; and
(3) the President of the United States should—
(A) make vigorous and continuing efforts
to obtain the extradition of Ferman Hernandez
and Serveriano Fuentes to the United States;
(B) initiate changes to the Geneva Conven-
tion and other relevant international agree-
ments that would prevent amnesty from being
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used to deny redress for grave breaches of the
Geneva Convention;
(C) initiate other changes to the Geneva
Convention and other relevant international
agreements as appropriate to ensure and im-
prove the legal protections for United States
military personnel who serve in foreign lands
and the families of such military personnel;
(D) examine all status-of-forces agree-
ments and similar agreements and obtain revi-
sions as appropriate to ensure that the legal
protections for United States military personnel
will not suffer another failure, as in the case of
David H. Pickett and Earnest Dawson, Jr.;
(E) encourage other countries to enact
laws substantially similar to the War Crimes
Act of 1996; and
(F) report to the Congress at least annu-
ally regarding the actions taken and progress
made by the President in connection with the
matters set forth in this resolution.
Æ