H. R. 4986—334 
(F) the annual and cumulative cost to the Government 
for the program, including a comparison of costs of the 
same service provided by the Air Force; 
(2) an assessment of the impact of outsourcing air refueling 
on the Air Force’s flying hour program and aircrew training; 
and 
(3) any other data that the Secretary determines is appro-
priate for evaluating the performance of the commercial air 
refueling providers participating in the pilot program. 
(d) COMPTROLLER GENERAL REVIEW.—The Comptroller General 
shall submit to the congressional defense committees— 
(1) an annual review of the conduct of the pilot program 
under this section and any recommendations of the Comptroller 
General for improving the program; and 
(2) not later than 90 days after the completion of the 
pilot program, a final assessment of the results of the pilot 
program and the recommendations of the Comptroller General 
for whether the Secretary of the Air Force should continue 
to utilize fee-for-service air refueling. 
SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF DEFENSE CAPABILI-
TIES FOR SUPPORT OF CIVIL AUTHORITIES AFTER CER-
TAIN INCIDENTS. 
(a) IN GENERAL.—The Secretary of Defense shall establish an 
advisory panel to carry out an assessment of the capabilities of 
the Department of Defense to provide support to United States 
civil authorities in the event of a chemical, biological, radiological, 
nuclear, or high-yield explosive (CBRNE) incident. 
(b) PANEL MATTERS.— 
(1) IN GENERAL.—The advisory panel required by subsection 
(a) shall consist of individuals appointed by the Secretary of 
Defense (in consultation with the chairmen and ranking mem-
bers of the Committees on Armed Services of the Senate and 
the House of Representatives) from among private citizens of 
the United States with expertise in the legal, operational, and 
organizational aspects of the management of the consequences 
of a chemical, biological, radiological, nuclear, or high-yield 
explosive incident. 
(2) DEADLINE
FOR
APPOINTMENT.—All members of the 
advisory panel shall be appointed under this subsection not 
later than 30 days after the date on which the Secretary enters 
into the contract required by subsection (c). 
(3) INITIAL
MEETING.—The advisory panel shall conduct 
its first meeting not later than 30 days after the date that 
all appointments to the panel have been made under this 
subsection. 
(4) PROCEDURES.—The advisory panel shall carry out its 
duties under this section under procedures established under 
subsection (c) by the federally funded research and development 
center with which the Secretary contracts under that sub-
section. Such procedures shall include procedures for the selec-
tion of a chairman of the advisory panel from among its mem-
bers. 
(c) SUPPORT OF FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTER.— 
(1) IN GENERAL.—The Secretary of Defense shall enter into 
a contract with a federally funded research and development
H. R. 4986—335 
center for the provision of support and assistance to the 
advisory panel required by subsection (a) in carrying out its 
duties under this section. Such support and assistance shall 
include the establishment of the procedures of the advisory 
panel under subsection (b)(4). 
(2) DEADLINE FOR CONTRACT.—The Secretary shall enter 
into the contract required by this subsection not later than 
60 days after the date of the enactment of this Act. 
(d) DUTIES OF PANEL.—The advisory panel required by sub-
section (a) shall— 
(1) evaluate the authorities and capabilities of the Depart-
ment of Defense to conduct operations in support to United 
States civil authorities in the event of a chemical, biological, 
radiological, nuclear, or high-yield explosive incident, including 
the authorities and capabilities of the military departments, 
the Defense Agencies, the combatant commands, any supporting 
commands, and the reserve components of the Armed Forces 
(including the National Guard in a Federal and non-Federal 
status); 
(2) assess the adequacy of existing plans and programs 
of the Department of Defense for training and equipping dedi-
cated, special, and general purposes forces for conducting oper-
ations described in paragraph (1) across a broad spectrum 
of scenarios, including current National Planning Scenarios 
as applicable; 
(3) assess policies, directives, and plans of the Department 
of Defense in support of civilian authorities in managing the 
consequences of a chemical, biological, radiological, nuclear, 
or high-yield explosive incident; 
(4) assess the adequacy of policies and structures of the 
Department of Defense for coordination with other department 
and agencies of the Federal Government, especially the Depart-
ment of Homeland Security, the Department of Energy, the 
Department of Justice, and the Department of Health and 
Human Services, in the provision of support described in para-
graph (1); 
(5) assess the adequacy and currency of information avail-
able to the Department of Defense, whether directly or through 
other departments and agencies of the Federal Government, 
from State and local governments in circumstances where the 
Department provides support described in paragraph (1) 
because State and local response capabilities are not fully ade-
quate for a comprehensive response; 
(6) assess the equipment capabilities and needs of the 
Department of Defense to provide support described in para-
graph (1); 
(7) develop recommendations for modifying the capabilities, 
plans, policies, equipment, and structures evaluated or assessed 
under this subsection in order to improve the provision by 
the Department of Defense of the support described in para-
graph (1); and 
(8) assess and make recommendations on— 
(A) whether there should be any additional Weapons 
of Mass Destruction Civil Support Teams, beyond the 55 
already authorized and, if so, how many additional Civil 
Support Teams, and where they should be located; and
H. R. 4986—336 
(B) what criteria and considerations are appropriate 
to determine whether additional Civil Support Teams are 
needed and, if so, where they should be located. 
(e) COOPERATION OF OTHER AGENCIES.— 
(1) IN GENERAL.—The advisory panel required by subsection 
(a) may secure directly from the Department of Defense, the 
Department of Homeland Security, the Department of Energy, 
the Department of Justice, the Department of Health and 
Human Services, and any other department or agency of the 
Federal Government information that the panel considers nec-
essary for the panel to carry out its duties. 
(2) COOPERATION.—The Secretary of Defense, the Secretary 
of Homeland Secretary, the Secretary of Energy, the Attorney 
General, the Secretary of Health and Human Services, and 
any other official of the United States shall provide the advisory 
panel with full and timely cooperation in carrying out its duties 
under this section. 
(f) REPORT.—Not later than 12 months after the date of the 
initial meeting of the advisory panel required by subsection (a), 
the advisory panel shall submit to the Secretary of Defense, and 
to the Committees on Armed Services of the Senate and the House 
of Representatives, a report on activities under this section. The 
report shall set forth— 
(1) the findings, conclusions, and recommendations of the 
advisory panel for improving the capabilities of the Department 
of Defense to provide support to United States civil authorities 
in the event of a chemical, biological, radiological, nuclear, 
or high-yield explosive incident; and 
(2) such other findings, conclusions, and recommendations 
for improving the capabilities of the Department for homeland 
defense as the advisory panel considers appropriate. 
SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY. 
(a) TERRORISM EXCEPTION TO IMMUNITY.— 
(1) IN GENERAL.—Chapter 97 of title 28, United States 
Code, is amended by inserting after section 1605 the following: 
‘‘§ 1605A. Terrorism exception to the jurisdictional immunity 
of a foreign state 
‘‘(a) IN GENERAL.— 
‘‘(1) NO IMMUNITY.—A foreign state shall not be immune 
from the jurisdiction of courts of the United States or of the 
States in any case not otherwise covered by this chapter in 
which money damages are sought against a foreign state for 
personal injury or death that was caused by an act of torture, 
extrajudicial killing, aircraft sabotage, hostage taking, or the 
provision of material support or resources for such an act 
if such act or provision of material support or resources is 
engaged in by an official, employee, or agent of such foreign 
state while acting within the scope of his or her office, employ-
ment, or agency. 
‘‘(2) CLAIM HEARD.—The court shall hear a claim under 
this section if— 
‘‘(A)(i)(I) the foreign state was designated as a state 
sponsor of terrorism at the time the act described in para-
graph (1) occurred, or was so designated as a result of 
such act, and, subject to subclause (II), either remains
H. R. 4986—337 
so designated when the claim is filed under this section 
or was so designated within the 6-month period before 
the claim is filed under this section; or 
‘‘(II) in the case of an action that is refiled under 
this section by reason of section 1083(c)(2)(A) of the 
National Defense Authorization Act for Fiscal Year 2008 
or is filed under this section by reason of section 1083(c)(3) 
of that Act, the foreign state was designated as a state 
sponsor of terrorism when the original action or the related 
action under section 1605(a)(7) (as in effect before the 
enactment of this section) or section 589 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1997 (as contained in section 101(c) 
of division A of Public Law 104–208) was filed; 
‘‘(ii) the claimant or the victim was, at the time the 
act described in paragraph (1) occurred— 
‘‘(I) a national of the United States; 
‘‘(II) a member of the armed forces; or 
‘‘(III) otherwise an employee of the Government 
of the United States, or of an individual performing 
a contract awarded by the United States Government, 
acting within the scope of the employee’s employment; 
and 
‘‘(iii) in a case in which the act occurred in the foreign 
state against which the claim has been brought, the claim-
ant has afforded the foreign state a reasonable opportunity 
to arbitrate the claim in accordance with the accepted 
international rules of arbitration; or 
‘‘(B) the act described in paragraph (1) is related to 
Case Number 1:00CV03110 (EGS) in the United States 
District Court for the District of Columbia. 
‘‘(b) LIMITATIONS.—An action may be brought or maintained 
under this section if the action is commenced, or a related action 
was commenced under section 1605(a)(7) (before the date of the 
enactment of this section) or section 589 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1997 
(as contained in section 101(c) of division A of Public Law 104– 
208) not later than the latter of— 
‘‘(1) 10 years after April 24, 1996; or 
‘‘(2) 10 years after the date on which the cause of action 
arose. 
‘‘(c) PRIVATE RIGHT
OF ACTION.—A foreign state that is or 
was a state sponsor of terrorism as described in subsection 
(a)(2)(A)(i), and any official, employee, or agent of that foreign 
state while acting within the scope of his or her office, employment, 
or agency, shall be liable to— 
‘‘(1) a national of the United States, 
‘‘(2) a member of the armed forces, 
‘‘(3) an employee of the Government of the United States, 
or of an individual performing a contract awarded by the United 
States Government, acting within the scope of the employee’s 
employment, or 
‘‘(4) the legal representative of a person described in para-
graph (1), (2), or (3), 
for personal injury or death caused by acts described in subsection 
(a)(1) of that foreign state, or of an official, employee, or agent 
of that foreign state, for which the courts of the United States
H. R. 4986—338 
may maintain jurisdiction under this section for money damages. 
In any such action, damages may include economic damages, 
solatium, pain and suffering, and punitive damages. In any such 
action, a foreign state shall be vicariously liable for the acts of 
its officials, employees, or agents. 
‘‘(d) ADDITIONAL DAMAGES.—After an action has been brought 
under subsection (c), actions may also be brought for reasonably 
foreseeable property loss, whether insured or uninsured, third party 
liability, and loss claims under life and property insurance policies, 
by reason of the same acts on which the action under subsection 
(c) is based. 
‘‘(e) SPECIAL MASTERS.— 
‘‘(1) IN GENERAL.—The courts of the United States may 
appoint special masters to hear damage claims brought under 
this section. 
‘‘(2) TRANSFER
OF
FUNDS.—The Attorney General shall 
transfer, from funds available for the program under section 
1404C of the Victims of Crime Act of 1984 (42 U.S.C. 10603c), 
to the Administrator of the United States district court in 
which any case is pending which has been brought or main-
tained under this section such funds as may be required to 
cover the costs of special masters appointed under paragraph 
(1). Any amount paid in compensation to any such special 
master shall constitute an item of court costs. 
‘‘(f) APPEAL.—In an action brought under this section, appeals 
from orders not conclusively ending the litigation may only be 
taken pursuant to section 1292(b) of this title. 
‘‘(g) PROPERTY DISPOSITION.— 
‘‘(1) IN GENERAL.—In every action filed in a United States 
district court in which jurisdiction is alleged under this section, 
the filing of a notice of pending action pursuant to this section, 
to which is attached a copy of the complaint filed in the action, 
shall have the effect of establishing a lien of lis pendens upon 
any real property or tangible personal property that is— 
‘‘(A) subject to attachment in aid of execution, or execu-
tion, under section 1610; 
‘‘(B) located within that judicial district; and 
‘‘(C) titled in the name of any defendant, or titled 
in the name of any entity controlled by any defendant 
if such notice contains a statement listing such controlled 
entity. 
‘‘(2) NOTICE.—A notice of pending action pursuant to this 
section shall be filed by the clerk of the district court in the 
same manner as any pending action and shall be indexed 
by listing as defendants all named defendants and all entities 
listed as controlled by any defendant. 
‘‘(3) ENFORCEABILITY.—Liens established by reason of this 
subsection shall be enforceable as provided in chapter 111 
of this title. 
‘‘(h) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘aircraft sabotage’ has the meaning given 
that term in Article 1 of the Convention for the Suppression 
of Unlawful Acts Against the Safety of Civil Aviation; 
‘‘(2) the term ‘hostage taking’ has the meaning given that 
term in Article 1 of the International Convention Against the 
Taking of Hostages;
H. R. 4986—339 
‘‘(3) the term ‘material support or resources’ has the 
meaning given that term in section 2339A of title 18; 
‘‘(4) the term ‘armed forces’ has the meaning given that 
term in section 101 of title 10; 
‘‘(5) the term ‘national of the United States’ has the 
meaning given that term in section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22)); 
‘‘(6) the term ‘state sponsor of terrorism’ means a country 
the government of which the Secretary of State has determined, 
for purposes of section 6(j) of the Export Administration Act 
of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the 
Arms Export Control Act (22 U.S.C. 2780), or any other provi-
sion of law, is a government that has repeatedly provided 
support for acts of international terrorism; and 
‘‘(7) the terms ‘torture’ and ‘extrajudicial killing’ have the 
meaning given those terms in section 3 of the Torture Victim 
Protection Act of 1991 (28 U.S.C. 1350 note).’’. 
(2) AMENDMENT TO CHAPTER ANALYSIS.—The table of sec-
tions at the beginning of chapter 97 of title 28, United States 
Code, is amended by inserting after the item relating to section 
1605 the following: 
‘‘1605A. Terrorism exception to the jurisdictional immunity of a foreign state.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) GENERAL EXCEPTION.—Section 1605 of title 28, United 
States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (5)(B), by inserting ‘‘or’’ after the 
semicolon; 
(ii) in paragraph (6)(D), by striking ‘‘; or’’ and 
inserting a period; and 
(iii) by striking paragraph (7); 
(B) by repealing subsections (e) and (f); and 
(C) in subsection (g)(1)(A), by striking ‘‘but for sub-
section (a)(7)’’ and inserting ‘‘but for section 1605A’’. 
(2) COUNTERCLAIMS.—Section 1607(a) of title 28, United 
States Code, is amended by inserting ‘‘or 1605A’’ after ‘‘1605’’. 
(3) PROPERTY.—Section 1610 of title 28, United States Code, 
is amended— 
(A) in subsection (a)(7), by striking ‘‘1605(a)(7)’’ and 
inserting ‘‘1605A’’; 
(B) in subsection (b)(2), by striking ‘‘(5), or (7), or 
1605(b)’’ and inserting ‘‘or (5), 1605(b), or 1605A’’; 
(C) in subsection (f), in paragraphs (1)(A) and (2)(A), 
by inserting ‘‘(as in effect before the enactment of section 
1605A) or section 1605A’’ after ‘‘1605(a)(7)’’; and 
(D) by adding at the end the following: 
‘‘(g) PROPERTY IN CERTAIN ACTIONS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), the property 
of a foreign state against which a judgment is entered under 
section 1605A, and the property of an agency or instrumentality 
of such a state, including property that is a separate juridical 
entity or is an interest held directly or indirectly in a separate 
juridical entity, is subject to attachment in aid of execution, 
and execution, upon that judgment as provided in this section, 
regardless of—
H. R. 4986—340 
‘‘(A) the level of economic control over the property 
by the government of the foreign state; 
‘‘(B) whether the profits of the property go to that 
government; 
‘‘(C) the degree to which officials of that government 
manage the property or otherwise control its daily affairs; 
‘‘(D) whether that government is the sole beneficiary 
in interest of the property; or 
‘‘(E) whether establishing the property as a separate 
entity would entitle the foreign state to benefits in United 
States courts while avoiding its obligations. 
‘‘(2) UNITED STATES SOVEREIGN IMMUNITY INAPPLICABLE.— 
Any property of a foreign state, or agency or instrumentality 
of a foreign state, to which paragraph (1) applies shall not 
be immune from attachment in aid of execution, or execution, 
upon a judgment entered under section 1605A because the 
property is regulated by the United States Government by 
reason of action taken against that foreign state under the 
Trading With the Enemy Act or the International Emergency 
Economic Powers Act. 
‘‘(3) THIRD-PARTY JOINT PROPERTY HOLDERS.—Nothing in 
this subsection shall be construed to supersede the authority 
of a court to prevent appropriately the impairment of an 
interest held by a person who is not liable in the action giving 
rise to a judgment in property subject to attachment in aid 
of execution, or execution, upon such judgment.’’. 
(4) VICTIMS OF CRIME ACT.—Section 1404C(a)(3) of the Vic-
tims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended 
by striking ‘‘December 21, 1988 with respect to which an inves-
tigation or’’ and inserting ‘‘October 23, 1983, with respect to 
which an investigation or civil or criminal’’. 
(c) APPLICATION TO PENDING CASES.— 
(1) IN GENERAL.—The amendments made by this section 
shall apply to any claim arising under section 1605A of title 
28, United States Code. 
(2) PRIOR ACTIONS.— 
(A) IN GENERAL.—With respect to any action that— 
(i) was brought under section 1605(a)(7) of title 
28, United States Code, or section 589 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1997 (as contained in section 101(c) 
of division A of Public Law 104–208), before the date 
of the enactment of this Act, 
(ii) relied upon either such provision as creating 
a cause of action, 
(iii) has been adversely affected on the grounds 
that either or both of these provisions fail to create 
a cause of action against the state, and 
(iv) as of such date of enactment, is before the 
courts in any form, including on appeal or motion 
under rule 60(b) of the Federal Rules of Civil Proce-
dure, 
that action, and any judgment in the action shall, on motion 
made by plaintiffs to the United States district court where 
the action was initially brought, or judgment in the action 
was initially entered, be given effect as if the action had
H. R. 4986—341 
originally been filed under section 1605A(c) of title 28, 
United States Code. 
(B) DEFENSES WAIVED.—The defenses of res judicata, 
collateral estoppel, and limitation period are waived— 
(i) in any action with respect to which a motion 
is made under subparagraph (A), or 
(ii) in any action that was originally brought, 
before the date of the enactment of this Act, under 
section 1605(a)(7) of title 28, United States Code, or 
section 589 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 
1997 (as contained in section 101(c) of division A of 
Public Law 104–208), and is refiled under section 
1605A(c) of title 28, United States Code, 
to the extent such defenses are based on the claim in 
the action. 
(C) TIME LIMITATIONS.—A motion may be made or an 
action may be refiled under subparagraph (A) only— 
(i) if the original action was commenced not later 
than the latter of— 
(I) 10 years after April 24, 1996; or 
(II) 10 years after the cause of action arose; 
and 
(ii) within the 60-day period beginning on the date 
of the enactment of this Act. 
(3) RELATED ACTIONS.—If an action arising out of an act 
or incident has been timely commenced under section 1605(a)(7) 
of title 28, United States Code, or section 589 of the Foreign 
Operations, Export Financing, and Related Programs Appro-
priations Act, 1997 (as contained in section 101(c) of division 
A of Public Law 104–208), any other action arising out of 
the same act or incident may be brought under section 1605A 
of title 28, United States Code, if the action is commenced 
not later than the latter of 60 days after— 
(A) the date of the entry of judgment in the original 
action; or 
(B) the date of the enactment of this Act. 
(4) PRESERVING
THE
JURISDICTION
OF
THE
COURTS.— 
Nothing in section 1503 of the Emergency Wartime Supple-
mental Appropriations Act, 2003 (Public Law 108–11, 117 Stat. 
579) has ever authorized, directly or indirectly, the making 
inapplicable of any provision of chapter 97 of title 28, United 
States Code, or the removal of the jurisdiction of any court 
of the United States. 
(d) APPLICABILITY TO IRAQ.— 
(1) APPLICABILITY.—The President may waive any provision 
of this section with respect to Iraq, insofar as that provision 
may, in the President’s determination, affect Iraq or any agency 
or instrumentality thereof, if the President determines that— 
(A) the waiver is in the national security interest of 
the United States; 
(B) the waiver will promote the reconstruction of, the 
consolidation of democracy in, and the relations of the 
United States with, Iraq; and 
(C) Iraq continues to be a reliable ally of the United 
States and partner in combating acts of international ter-
rorism.
H. R. 4986—342 
(2) TEMPORAL SCOPE.—The authority under paragraph (1) 
shall apply— 
(A) with respect to any conduct or event occurring 
before or on the date of the enactment of this Act; 
(B) with respect to any conduct or event occurring 
before or on the date of the exercise of that authority; 
and 
(C) regardless of whether, or the extent to which, the 
exercise of that authority affects any action filed before, 
on, or after the date of the exercise of that authority 
or of the enactment of this Act. 
(3) NOTIFICATION TO CONGRESS.—A waiver by the President 
under paragraph (1) shall cease to be effective 30 days after 
it is made unless the President has notified Congress in writing 
of the basis for the waiver as determined by the President 
under paragraph (1). 
(4) SENSE OF CONGRESS.—It is the sense of the Congress 
that the President, acting through the Secretary of State, should 
work with the Government of Iraq on a state-to-state basis 
to ensure compensation for any meritorious claims based on 
terrorist acts committed by the Saddam Hussein regime against 
individuals who were United States nationals or members of 
the United States Armed Forces at the time of those terrorist 
acts and whose claims cannot be addressed in courts in the 
United States due to the exercise of the waiver authority under 
paragraph (1). 
(e) SEVERABILITY.—If any provision of this section or the amend-
ments made by this section, or the application of such provision 
to any person or circumstance, is held invalid, the remainder of 
this section and such amendments, and the application of such 
provision to other persons not similarly situated or to other cir-
cumstances, shall not be affected by such invalidation. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Sec. 1101. Extension of authority to waive annual limitation on total compensation 
paid to Federal civilian employees working overseas under areas of 
United States Central Command. 
Sec. 1102. Continuation of life insurance coverage for Federal employees called to 
active duty. 
Sec. 1103. Transportation of dependents, household effects, and personal property 
to former home following death of Federal employee where death re-
sulted from disease or injury incurred in the Central Command area of 
responsibility. 
Sec. 1104. Special benefits for civilian employees assigned on deployment tem-
porary change of station. 
Sec. 1105. Death gratuity authorized for Federal employees. 
Sec. 1106. Modifications to the National Security Personnel System. 
Sec. 1107. Requirement for full implementation of personnel demonstration project. 
Sec. 1108. Authority for inclusion of certain Office of Defense Research and Engi-
neering positions in experimental personnel program for scientific and 
technical personnel. 
Sec. 1109. Pilot program for the temporary assignment of information technology 
personnel to private sector organizations. 
Sec. 1110. Compensation for Federal wage system employees for certain travel 
hours. 
Sec. 1111. Travel compensation for wage grade personnel. 
Sec. 1112. Accumulation of annual leave by senior level employees. 
Sec. 1113. Uniform allowances for civilian employees.