109th CONGRESS
2d Session
H. R. 6305
To provide compensation for United States citizens taken hostage
by terrorists or state sponsors of terrorism.
IN THE HOUSE OF REPRESENTATIVES
September 29, 2006
Mr. SMITH of New Jersey introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committee on International
Relations, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To provide compensation for United States citizens taken hostage
by terrorists or state sponsors of terrorism.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. COMPENSATION FOR UNITED STATES CITIZENS TAKEN HOSTAGE BY TERRORISTS
OR STATE SPONSORS OF TERRORISM.
(a) In General- In accordance with such procedures as the President may
by regulation establish, the President or his designee shall receive the
claims of, and pay compensation to, any national of the United States, or
to the estate of any such national, who--
(1) as of the date of enactment of this Act has a claim pending in a court
of the United States against a foreign state seeking compensation for
injuries caused by an act of hostage-taking or has obtained a judgment
on such a claim that has not been fully satisfied;
(2) at any time on or after August 2, 1990, and while not serving on active
duty in the Armed Forces of the United States, was taken hostage by a
terrorist party; or
(3) was a representative plaintiff or class member in Case Number 1:00CV03110(EGS)
in the United States District Court for the District of Columbia.
(b) Limit on Amount of Award- The amount that may be awarded to any person
seeking compensation under this section shall not exceed $500,000, adjusted
to reflect the annual percentage change in the Consumer Price Index, from
the date on which the hostage-taking occurred to the date on which compensation
is paid.
(c) Type of Award- Subject to the limit in subsection (b), any person seeking
compensation for hostage-taking under this section shall be awarded the
following amounts with respect to which the United States shall enjoy full
subrogation rights in the event such person obtains any recovery in litigation
or otherwise as a result of such hostage-taking:
(1) In the case of any person who has been issued a final judgment for
compensatory damages, the unsatisfied amount of such judgment.
(2) In the case of any person who survived his captivity and who has not
been issued a final judgment for compensatory damages, $10,000 per day
for each day that such person was held or, if he died or was tortured
during the course of his captivity, the maximum amount in subsection (b).
(d) Prohibition on Civil Actions Against Foreign States- A person who has
accepted compensation under subsection (c)(2) may not commence or maintain
in a court of the United States a civil action seeking compensation for
such injuries or damages associated with such hostage taking against a foreign
state or its agencies or instrumentalities.
(e) Definitions- In this section:
(1) HOSTAGE TAKING- The term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the Taking of
the Hostages and includes any act that caused a person to be in `hostage
status' within the meaning of section 599C(d)(1) of Public Law 101-513.
(2) TERRORIST PARTY- The term `terrorist party' has the meaning given
that term in the Terrorism Risk Insurance Act (section 201(d)(4) of Public
Law 107-297) and includes any person, organization, or foreign state that
was designated as such either at the time or as a result of the act of
hostage-taking for which compensation is sought.
(f) Funding- Funds sufficient to pay persons to whom compensation is due
under this section shall be made available from the Hostage Victims Fund,
into which the President shall direct deposits, in proportions the President
so allocates in the discretion of the President, from--
(1) the `blocked assets' of terrorist parties, as that term is defined
in the Terrorism Risk Insurance Act (section 201(d)(2) of Public Law 107-297);
(2) amounts received by the United States by reason of any legal action
taken by the United States against any person relating to improper conduct
in connection with the Oil for Food Program of the United Nations, including
any fines, forfeitures or disgorgements of amounts received through any
activity related to said Program; or
(3) amounts received as a result of any fine or forfeiture obtained from
any person or entity in connection with a violation of--
(A) the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.);
(B) section 5(b) of the Trading With the Enemy Act (50 U.S.C. App 5(b));
(C) the United and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001
(Public Law 107-56; 115 Stat. 272);
(D) the Bank Secrecy Act (codified at title 12 U.S.C. 1829(b) and 1951-1959
and 31 U.S.C. 5311-5313 and 5316-5332);
(E) the Export Administration Act (50 U.S.C. App. 2401-2410); or
(F) any regulations promulgated under an Act listed in subparagraphs
(A) through (E).
(g) Additional Compensation for Victims of Iranian Hostage Taking in Tehran-
In addition to any amounts that may be awarded under subsection (c), the
President or his designee shall from monies deposited for Iran in the Iran
Foreign Military Sales Fund account within the Foreign Military Sales Fund
(including any amounts accrued as interest thereon)--
(1) pay any person who qualifies for payment under subsection (a)(3) who
was taken hostage by the Islamic Republic of Iran on November 4, 1979
additional compensation of $500,000, adjusted to reflect the annual percentage
change in the Consumer Price Index, from the date on which the hostage
taking occurred to the date on which the compensation is paid; and
(2) pay any person who was, at the time of such hostage-taking, the spouse
or child of such person, 50 percent of the total amount of compensation
paid to the hostage.
END
