Home > 106th Congressional Bills > H.Con.Res. 345 (eh) [Engrossed in House] ...

H.Con.Res. 345 (eh) [Engrossed in House] ...


Google
 
Web GovRecords.org







108th CONGRESS
  1st Session
H. CON. RES. 344

  Expressing the sense of the Congress that American prisoners of war 
  (POWs) during the 1991 Gulf War and their immediate family members 
 should be adequately compensated, without delay, for their suffering 
  and injury, as decided by the United States District Court for the 
                         District of Columbia.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2003

   Mr. Meeks of New York (for himself and Mr. Conyers) submitted the 
following concurrent resolution; which was referred to the Committee on 
                        International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Expressing the sense of the Congress that American prisoners of war 
  (POWs) during the 1991 Gulf War and their immediate family members 
 should be adequately compensated, without delay, for their suffering 
  and injury, as decided by the United States District Court for the 
                         District of Columbia.

Whereas the treatment of American prisoners of war (POWs) during 1991 Gulf War 
        by the Republic of Iraq and its intelligence service, at the direction 
        of Iraqi president Saddam Hussein, constituted ``torture,'' as required 
        to support exercise of subject matter jurisdiction under the Foreign 
        Sovereign Immunities Act (FSIA) over claims by the POWs and their 
        immediate family members for compensatory and punitive damages for 
        injuries allegedly suffered as result of such treatment;
Whereas the POWs constantly feared torture and death as a direct result of 
        severe physical and mental abuse; they were systematically starved, 
        denied sleep, and exposed to freezing cold; they were denied medical 
        care and their existing injuries were intentionally aggravated; they 
        were shocked with electrical devices and confined in dark, filthy 
        conditions exposing them to contagion and infection; they suffered 
        serious physical injuries, including broken bones, perforated eardrums, 
        nerve damage infections, nausea, severe weight loss, massive bruises, 
        and other injuries; and they were denied requests to notify family 
        members that they were alive, were forced to participate in propaganda 
        tapes, were denied the right to be inspected by the Red Cross, and were 
        used as props in public announcements that POWs would be used as human 
        shields;
Whereas these acts of torture intentionally inflicted severe and lasting 
        emotional distress;
Whereas these acts of torture were carried out by officials, employees, or 
        agents of the Republic of Iraq, acting within scope of their office or 
        employment;
Whereas the refusal of the Republic of Iraq and its intelligence service to 
        comply with Iraq's legal obligation under the Geneva Convention to 
        permit the POWs to write to their families to inform them of their 
        capture and state of their health constituted intentional infliction of 
        emotional stress on the family members of the POWs, also cognizable in 
        an action under the FSIA;
Whereas the United States District Court for the District of Columbia found, in 
        an action brought under the torture exception of the FSIA against the 
        Republic of Iraq, its president, and its intelligence service, that the 
        POWs subjected to torture during 1991 Gulf War were entitled to 
        compensatory damages;
Whereas the court also found that the POWs were entitled to compensatory damages 
        for pain and suffering, during the period following captivity, as the 
        POWs attempted to return to normal life, in amounts in multiple millions 
        of dollars;
Whereas the court found that the wives of the POWs were entitled to compensatory 
        damages for mental anguish and solatium during the periods in which 
        their husbands were in captivity, and for mental anguish and emotional 
        distress following the release of POWs, and the court found that the 
        children, parents, and siblings of the POWs were entitled to 
        compensatory damages for mental anguish and solatium;
Whereas the court also found that an award of punitive damages to the POWs was 
        warranted because of the exceedingly heinous nature of the acts of 
        torture against the POWs, and the severe and continuing harm to the POWs 
        caused by the reprehensible acts inflicted on them, and because--

    (1) the use of torture against the handcuffed and blindfolded POWs 
resulted in unrestrained savagery, causing them to suffer intense, 
justified fear that the Iraqi threats of death and dismemberment would be 
carried out;

    (2) there must be a premium on protecting POWs who are uniquely 
vulnerable to acts of torture;

    (3) deterring torture of POWs should be of the highest priority; and

    (4) punitive damages create incentives for the agencies and 
instrumentalities of terrorist countries to comply with their obligations 
not to torture POWs: Now, therefore, be it

    Resolved by the House of Representatives (the Senate concurring), 
That--
            (1) American prisoners of war (POWs) during the 1991 Gulf 
        War were brutally tortured by the Republic of Iraq and its 
        intelligence service, at the direction of Iraqi President 
        Saddam Hussein, and thereby suffered severe physical trauma and 
        emotional abuse;
            (2) United States civilians stationed in the Persian Gulf 
        region before and during Operation Desert Storm were taken 
        hostage by the Republic of Iraq and its intelligence service, 
        at the direction of Iraqi President Saddam Hussein, and used as 
        so-called ``human shields'', experiencing brutal threats to 
        their personal safety and emotional being;
            (3) no one would subject himself or herself for any price 
        to the terror, torment, and pain experienced by the POWs during 
        the 1991 Gulf War and their immediate family members;
            (4) there is no monetary award that could adequately 
        compensate these individuals for their suffering and the 
        resulting permanent injury;
            (5) the Congress has previously recognized and authorized 
        the right of United States citizens, including the POWs and 
        ``human shields'', to hold terrorist states such as Iraq liable 
        for injuries to United States citizens;
            (6) United States district courts have been authorized to 
        adjudicate such cases;
            (7) notwithstanding section 1503 of the Emergency Wartime 
        Supplemental Appropriations Act of 2003, the President should 
        take action, through the liquidation of blocked Iraqi assets or 
        through other appropriate sources, to ensure that POWs during 
        the 1991 Gulf War and their immediate family members receive, 
        without delay, their just compensation as awarded by the United 
        States District Court for the District of Columbia; and
            (8) the Congress will continue to oversee the application 
        of section 1503 of the Emergency Wartime Supplemental 
        Appropriations Act of 2003 in order to ensure that it is not 
        misinterpreted, including by divesting United States courts of 
        jurisdiction, with respect to the POWs and other victims of 
        Iraqi terrorism.
                                 <all>

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.R. 4577 (pp) Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2001, and for other purposes. [Public Print] ...
2 H.Res. 470 (eh) [Engrossed in House] ...
3 H.Res. 183 (ih) Expressing the sense of the House of Representatives regarding the [Introduced in House] ...
4 S. 1769 (es) To continue the reporting requirements of section 2519 of title 18, United States Code, beyond December 21, 1999, and for other purposes. [Engrossed in Senate] ...
5 S. 485 (is) To provide for the disposition of unoccupied and substandard multifamily housing projects owned by the Secretary of Housing and Urban Development. [Introduced in Senate] ...
6 S.Con.Res. 36 (rs) Condemning Palestinian efforts to revive the original Palestine [Reported in Senate] ...
7 H.R. 62 (ih) To provide that the provisions of Executive Order 13107, relating to the implementation of certain human rights treaties, shall not have any legal effect. [Introduced in House] ...
8 H.J.Res. 71 (ih) Making further continuing appropriations for the fiscal year 2000, and for other purposes. [Introduced in House] ...
9 S. 265 (is) Entitled the ``Hospital Length of Stay Act of 1999''. [Introduced in Senate] ...
10 H.R. 5642 (ih) To prohibit a State from determining that a ballot submitted by an absent uniformed services voter was improperly or fraudulently cast unless the State finds clear and convincing evidence of fraud, and for other purposes. [Introduced in Hou...
11 H.R. 4905 (ih) To amend the Real Estate Settlement Procedures Act of 1974 to authorize [Introduced in House] ...
12 H.Con.Res. 35 (eh) [Engrossed in House] ...
13 H.Res. 80 (ih) Repealing rule XXIII of the Rules of the House of Representatives relating to the statutory limit on the public debt. [Introduced in House] ...
14 S. 1543 (is) To amend the Agricultural Adjustment Act of 1938 to release and protect the release of tobacco production and marketing information. [Introduced in Senate] ...
15 H.R. 509 (rh) To direct the Secretary of the Interior to transfer to the personal representative of the estate of Fred Steffens of Big Horn County, Wyoming, certain land comprising the Steffens family property. [Reported in House] ...
16 H.R. 1568 (rh) To provide technical, financial, and procurement assistance to veteran owned small businesses, and for other purposes. [Reported in House] ...
17 H.R. 592 (rh) To redesignate Great Kills Park in the Gateway National Recreation Area as ``World War II Veterans Park at Great Kills''. [Reported in House] ...
18 H.R. 2570 (ih) To require the Secretary of the Interior to undertake a study regarding methods to commemorate the national significance of the United States roadways that comprise the Lincoln Highway, and for other purposes. [Introduced in House] %%Filena...
19 H.Con.Res. 336 (rds) Providing for a conditional adjournment of the House of Representatives and a conditional recess or adjournment of the Senate. [Received in the Senate] ...
20 H.R. 63 (ih) To prohibit the use of funds to administer or enforce the provisions of Executive Order 13107, relating to the implementation of certain human rights treaties. [Introduced in House] ...
21 H.R. 5071 (ih) To establish comprehensive early childhood education programs, early childhood education staff development programs, model Federal Government early childhood education programs, and for other purposes. [Introduced in House] ...
22 H.Res. 559 (rh) Waiving points of order against the conference report to accompany the bill (H.R. 4810) to provide for reconciliation pursuant to section 103(a)(1) of the concurrent resolution on the budget for fiscal year 2001. [Reported in House] %%File...
23 S. 354 (is) To authorize the extension of nondiscriminatory trade status to the products of Mongolia. [Introduced in Senate] ...
24 S. 1569 (es) To amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the Commonwealth of Massachusetts for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes. [Engrossed in Sena...
25 S. 1149 (is) To amend the Safe Drinking Water Act to increase consumer confidence in safe drinking water and source water assessments, and for other purposes. [Introduced in Senate] ...
26 S. 1078 (is) For the relief of Mrs. Elizabeth Eka Bassey and her children, Emmanuel O. Paul Bassey, Jacob Paul Bassey, and Mary Idongesit Paul Bassey. [Introduced in Senate] ...
27 H.R. 2943 (ih) To amend the Child Care and Development Block Grant Act of 1990 to provide incentive grants to improve the quality of child care. [Introduced in House] ...
28 H.R. 669 (rh) To amend the Peace Corps Act to authorize appropriations for fiscal years 2000 through 2003 to carry out that Act, and for other purposes. [Reported in House] ...
29 H.R. 4908 (ih) To amend title 18, United States Code, to provide for the disclosure of electronic monitoring of employee communications and computer usage in the workplace. [Introduced in House] ...
30 S. 188 (is) To amend the Federal Water Pollution Control Act to authorize the use of State revolving loan funds for construction of water conservation and quality improvements. [Introduced in Senate] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy