Authorizes the President to compensate a U.S. national, or his or her estate, who: (1) has a claim pending in U.S. court 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) on or after August 2, 1990, and while not serving on active duty in the U.S. Armed Forces, was taken hostage by a terrorist party; or (3) was a representative plaintiff or class member in Case Number 1:00CV03110(EGS) in the U.S. District Court for the District of Columbia.
Bars a person who has accepted compensation under this Act from commencing or maintaining a U.S. civil action seeking compensation for such injuries or damages associated with such hostage taking against a foreign state or its agencies or instrumentalities.
Funds compensation under this Act from the Hostage Victims Fund, into which the President shall direct deposits from: (1) blocked assets of terrorist parties; (2) amounts received against any person in connection with the U.N. Oil for Food Program; or (3) amounts received as a result of any fine or forfeiture in connection with a violation of the International Emergency Economic Powers Act, the Trading With the Enemy Act, the USA PATRIOT Act of 2001, the Bank Secrecy Act, or the Export Administration Act.
Provides additional compensation for victims of the 1979 Iranian hostage taking in Tehran, including spouses and children of persons taken captive.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3878 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3878
To provide compensation for United States citizens taken hostage by
terrorists or State sponsors of terrorism.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7 (legislative day, September 6), 2006
Mr. Allen (for himself and Mr. Menendez) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line