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 Massachu-
setts, 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 Con-
necticut, Ms. LEE, Ms. CASTOR, Ms. JACKSON-LEE of Texas, Mr. 
ELLISON, Mr. KENNEDY, Mr. JOHNSON of Georgia, Mr. MORAN of Vir-
ginia, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice for Victims 
of Torture and Terrorism Act’’. 
VerDate Aug 31 2005 
23:02 Jan 30, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5167.IH
H5167
rwilkins on PROD1PC63 with BILLS
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) During the Gulf War against Iraq in 1991, 
many Americans serving in the United States Armed 
Forces were captured, became prisoners of war 
(POWs), and were subsequently tortured, beaten, 
starved, hooked to electrical shock devices, and sub-
jected to other horrendous acts by Saddam Hus-
sein’s regime. 
(2) At the time these acts occurred, the United 
States Department of State had classified Iraq as a 
‘‘state sponsor of terrorism’’. 
(3) During that Gulf War, the Congress passed 
2 resolutions by unanimous consent, stating an in-
tention to hold Iraq accountable for the torture of 
American POWs. 
(4) When these brave American POWs returned 
home after the Gulf War ended, they were given a 
hero’s welcome by then Secretary of Defense Dick 
Cheney, who told them, ‘‘Your country is opening its 
arms to greet you’’. 
(5) These brave American POWs have suffered 
long-term physical, emotional, and mental damages 
as a result of this brutal, state-sponsored torture. 
(6) In 1996, responding to concerns raised by 
the torture of American POWs in the Gulf War, the 
VerDate Aug 31 2005 
23:02 Jan 30, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5167.IH
H5167
rwilkins on PROD1PC63 with BILLS
Congress passed an amendment to the Foreign Sov-
ereign Immunities Act (FSIA) so that torture vic-
tims like the American POWs from the Gulf War 
could seek compensation for their injuries from ter-
rorist countries, including Iraq. 
(7) On April 4, 2002, 17 Gulf War POWs and 
their families filed claims in the United States Dis-
trict Court for the District of Columbia seeking com-
pensation for damages related to their torture and 
abuse by the Government of Iraq. The POWs in-
cluded Colonel Clifford Acree, USMC (Ret.); Lieu-
tenant Colonel Craig Berryman, USMC (Ret.); 
Former Staff Sergeant Troy Dunlap, US Army; 
Colonel David Eberly, USAF (Ret.); Lieutenant 
Colonel Jeffrey D. Fox, USAF (Ret.); Chief War-
rant Officer 5 Guy Hunter, USMC (Ret.); Sergeant 
David Lockett, US Army; Colonel H. Michael Rob-
erts, USAF; Colonel Russell Sanborn, USMC; Cap-
tain Lawrence Randolph Slade, USN (Ret.); Major 
Joseph Small, USMC (Ret.); Staff Sergeant Daniel 
Stamaris, US Army (Ret.); Lieutenant Colonel Rich-
ard Dale Storr, Air National Guard; Lieutenant 
Colonel Robert Sweet, USAF; Lieutenant Colonel 
Jeffrey Tice, USAF (Ret.); Former Lieutenant Rob-
VerDate Aug 31 2005 
23:02 Jan 30, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5167.IH
H5167
rwilkins on PROD1PC63 with BILLS
ert Wetzel, USN; and Former Commander Jeffrey 
Zaun, USN. 
(8) In 2003, after the Government of Iraq re-
peatedly refused to participate in arbitration on the 
damages claims, and after hearing evidence of how 
the former POWs had been repeatedly tortured, a 
judge awarded them a judgment for damages, stat-
ing that ‘‘deterring torture of POWs should be of 
the highest priority’’. 
(9) Article 131 of the Third Geneva Convention 
relative to the Treatment of Prisoners of War (Au-
gust 12, 1949) prohibits the United States, as a 
party to that treaty, from absolving the Government 
of Iraq of any liability incurred due to the torture 
of prisoners of war, such as the Gulf War POWs. 
(10) The United States has a moral obligation 
to protect its past, present, and future military 
forces from torture, and the United States Congress 
is committed to holding state sponsors of terrorism 
accountable for such horrendous acts. 
SEC. 3. REMOVAL OF WAIVER AUTHORITY. 
(a) IN GENERAL.—Section 1083 of the National De-
fense Authorization Act for Fiscal Year 2008 is amended 
by striking subsection (d) and redesignating subsection (e) 
as subsection (d). 
VerDate Aug 31 2005 
23:02 Jan 30, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5167.IH
H5167
rwilkins on PROD1PC63 with BILLS
(b) NULLIFICATION OF EXISTING WAIVERS.—Any 
waiver made by the President under section 1083(d) of 
the National Defense Authorization Act for Fiscal year 
2008 before the enactment of this Act shall cease to be 
effective on the date of the enactment of this Act. 
Æ 
VerDate Aug 31 2005 
23:02 Jan 30, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H5167.IH
H5167
rwilkins on PROD1PC63 with BILLS