Private Calendar No. 16

103D CONGRESS

2D SESSION H. R. 4862

[Report No. 103–852]

A BILL

For the relief of INSLAW, INC., a Delaware CorHamilton, individually. poration, and William A. Hamilton and Nancy

OCTOBER 7, 1994

Reported with an amendment, committed to the Committee of the Whole House, and ordered to be printed
IB

Private Calendar No. 16

103D CONGRESS

2D SESSION H. R. 4862

[Report No. 103–852]

For the relief of INSLAW, INC., a Delaware Corporation, and William

A. Hamilton and Nancy Hamilton, individually.

IN THE HOUSE OF REPRESENTATIVES

JULY 29, 1994

Mr. ROSE introduced the following bill; which was referred to the Committee

on the Judiciary

OCTOBER 7, 1994

Reported with an amendment, committed to the Committee of the Whole

House, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 29, 1994]

A BILL

For the relief of INSLAW, INC., a Delaware Corporation,

and William A. Hamilton and Nancy Hamilton, individually.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 The Congress finds that—
2

•HR 4862 RH

1 (1) in assessing the merits of certain claims put

2 forward against the United States, two Federal courts

3 have ruled in favor of INSLAW, Inc. and William A.

4 Hamilton and Nancy Burke Hamilton; and

5 (2) one of the recommendations of the 1992 in6 vestigative report by the Committee on the Judiciary

7 entitled ‘‘The Inslaw Affair’’ was that the Committee

8 should consider at a future date whether to adopt leg9 islation authorizing a claim against the United

10 States pursuant to section 1492 of title 28, United

11 States Code.

12 SEC. 2. JURISDICTION.

13 Jurisdiction is conferred upon the United States Court

14 of Federal Claims to hear, determine, and render judgment

15 upon the claims of INSLAW, Inc., a Delaware Corporation

16 (hereinafter referred to as ‘‘INSLAW’’) and William A.

17 Hamilton and Nancy Burke Hamilton, individually, which

18 claims arise out of the furnishing of computer software and

19 services to the United States Department of Justice.

20 SEC. 3. SATISFACTION OF CLAIMS AGAINST THE UNITED

21 STATES.

22 If the judgment in any action brought under section

23 2 is for INSLAW or William A. Hamilton and Nancy

24 Burke Hamilton, individually, or both, the Secretary of the

25 Treasury shall pay, in accordance with such judgment and
3

•HR 4862 RH

1 out of money in the Treasury not otherwise appropriated,

2 to INSLAW or William A. Hamilton and Nancy Burke

3 Hamilton, individually, or both, an amount of money in

4 compensation for damages to INSLAW or William A. Ham5 ilton and Nancy Burke Hamilton, individually, or both, for

6 claims that arise out of the furnishing of computer software

7 and services to the Department of Justice.

8 SEC. 4. WAIVER OF SOVEREIGN IMMUNITY AND DEFENSES.

9 (a) SOVEREIGN IMMUNITY.—Any available defense of

10 sovereign immunity of the United States, the Department

11 of Justice, any other United States government agency, or

12 any United States government official, officer, agent, or em13 ployee is specifically waived as to the respective claims of

14 INSLAW, William A. Hamilton, and Nancy Burke Hamil15 ton and any amount payable to them under section 3.

16 (b) PAYMENT OF CLAIMS.—If in any action brought

17 under section 2 the court finds in favor of INSLAW or Wil18 liam A. Hamilton and Nancy Burke Hamilton, individ19 ually, or both, the such parties shall be entitled to payment

20 of such claims as determined in such action notwithstand21 ing any defense pertaining to statute of limitation, laches,

22 estoppel, including judicial estoppel, equitable estoppel, col23 lateral estoppel, estoppel by judgment, and promissory es24 toppel, res judicata, failure to exhaust all legal remedies,

25 administrative or otherwise, or pendency of claims in others
4

•HR 4862 RH

1 courts, tribunals or departments, all such defenses being

2 hereby waived with respect to the claims of INSLAW and

3 William A. Hamilton and Nancy Burke Hamilton, individ4 ually, and the amounts payable under section 3.

5 (c) SATISFACTION OF CLAIMS.—Any amount payable

6 under section 3 shall be in satisfaction of all claims, legal

7 or equitable, by INSLAW, William A. Hamilton and Nancy

8 Burke Hamilton, individually, against the United States

9 of America, any agency thereof, or its officials, officers, em10 ployees, or agents.