109 HR 6305 IH: To provide compensation for United States citizens taken U.S. House of Representatives 2006-09-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 6305 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.

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.