H.R. 5167 would amend the National Defense Authorization Act for Fiscal Year 2008 to remove the authority of the President to waive certain provisions.

== Detailed Summary ==

<summary>
Justice for Victims of Torture and Terrorism Act - AmendsTerminates the National Defense Authorization Act for Fiscal Year 2008 (the Act)authority of the President to strike a provision which prohibited victimsgrant the government of terrorIraq immunity from actions by victims of terrorism seeking compensation for injuries caused by officials, employees, or agents of the government of Iraq during the time1991 Gulf War when such government had beenwas classified as a state sponsor of terrorism, unless the President certifies to Congress that Iraq has adequately settled specified claims of U.S. soldiers and civilians held in Iraq as POWs and hostages and subject to state-sponsored torture and terrorism.

Deems ineffective, onProvides an exception to the datetermination of such authority if the enactment of this Act,President certifies that: (1) Iraq has not compensated any immunity granted toforeign persons or entities for claims or liabilities incurred by or under the governmentcontrol of the Saddam Hussein regime, including commercial or financial claims and claims for acts against individuals similar to those described above; or (2) negotiations are ongoing with Iraq to settle the American claims, and the President believes that those negotiations are being conducted in good faith and could lead to a satisfactory settlement. Limits the latter certification period to 180 days (with authorized renewals by the President).

Defines various adequate settlement amounts, depending on the victim, length of torture or detainment, etc.

Prohibits the use of any U.S. funds to pay any claim covered under this Act.
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== Status of the Legislation ==

<status>
Latest Major Action: 9/16/2008: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Armed Services.
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== Points in Favor ==

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== Points Against ==

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