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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4862 Reported in House (RH)]

                                                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 Corporation, and William A. 
               Hamilton and Nancy Hamilton, individually.

_______________________________________________________________________

                            October 7, 1994

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

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

SECTION 1. FINDINGS.

    The Congress finds that--
            (1) in assessing the merits of certain claims put forward 
        against the United States, two Federal courts have ruled in 
        favor of INSLAW, Inc. and William A. Hamilton and Nancy Burke 
        Hamilton; and
            (2) one of the recommendations of the 1992 investigative 
        report by the Committee on the Judiciary entitled ``The Inslaw 
        Affair'' was that the Committee should consider at a future 
        date whether to adopt legislation authorizing a claim against 
        the United States pursuant to section 1492 of title 28, United 
        States Code.

SEC. 2. JURISDICTION.

    Jurisdiction is conferred upon the United States Court of Federal 
Claims to hear, determine, and render judgment upon the claims of 
INSLAW, Inc., a Delaware Corporation (hereinafter referred to as 
``INSLAW'') and William A. Hamilton and Nancy Burke Hamilton, 
individually, which claims arise out of the furnishing of computer 
software and services to the United States Department of Justice.

SEC. 3. SATISFACTION OF CLAIMS AGAINST THE UNITED STATES.

    If the judgment in any action brought under section 2 is for INSLAW 
or William A. Hamilton and Nancy Burke Hamilton, individually, or both, 
the Secretary of the Treasury shall pay, in accordance with such 
judgment and out of money in the Treasury not otherwise appropriated, 
to INSLAW or William A. Hamilton and Nancy Burke Hamilton, 
individually, or both, an amount of money in compensation for damages 
to INSLAW or William A. Hamilton and Nancy Burke Hamilton, 
individually, or both, for claims that arise out of the furnishing of 
computer software and services to the Department of Justice.

SEC. 4. WAIVER OF SOVEREIGN IMMUNITY AND DEFENSES.

    (a) Sovereign Immunity.--Any available defense of sovereign 
immunity of the United States, the Department of Justice, any other 
United States government agency, or any United States government 
official, officer, agent, or employee is specifically waived as to the 
respective claims of INSLAW, William A. Hamilton, and Nancy Burke 
Hamilton and any amount payable to them under section 3.
    (b) Payment of Claims.--If in any action brought under section 2 
the court finds in favor of INSLAW or William A. Hamilton and Nancy 
Burke Hamilton, individually, or both, the such parties shall be 
entitled to payment of such claims as determined in such action 
notwithstanding any defense pertaining to statute of limitation, 
laches, estoppel, including judicial estoppel, equitable estoppel, 
collateral estoppel, estoppel by judgment, and promissory estoppel, res 
judicata, failure to exhaust all legal remedies, administrative or 
otherwise, or pendency of claims in others courts, tribunals or 
departments, all such defenses being hereby waived with respect to the 
claims of INSLAW and William A. Hamilton and Nancy Burke Hamilton, 
individually, and the amounts payable under section 3.
    (c) Satisfaction of Claims.--Any amount payable under section 3 
shall be in satisfaction of all claims, legal or equitable, by INSLAW, 
William A. Hamilton and Nancy Burke Hamilton, individually, against the 
United States of America, any agency thereof, or its officials, 
officers, employees, or agents.
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