I 
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 Representa-
tives 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 proce-
dures as the President may by regulation establish, the 
President or his designee shall receive the claims of, and 
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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 in-
juries caused by an act of hostage-taking or has ob-
tained 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 mem-
ber in Case Number 1:00CV03110(EGS) in the 
United States District Court for the District of Co-
lumbia. 
(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 sub-
section (b), any person seeking compensation for hostage- 
taking under this section shall be awarded the following 
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amounts with respect to which the United States shall 
enjoy full subrogation rights in the event such person ob-
tains 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 judg-
ment 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 FOR-
EIGN 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 com-
pensation 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 Tak-
ing of the Hostages and includes any act that 
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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 Ter-
rorism Risk Insurance Act (section 201(d)(4) of 
Public Law 107–297) and includes any person, orga-
nization, 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 Presi-
dent, 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 con-
duct in connection with the Oil for Food Program of 
the United Nations, including any fines, forfeitures 
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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 con-
nection 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 PA-
TRIOT) 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 
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