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.
Be it enacted by the Senate and House of Representa-
tives 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 in-
vestigative report by the Committee on the Judiciary
entitled ‘‘The Inslaw Affair’’ was that the Committee
should consider at a future date whether to adopt leg-
islation 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. Ham-
ilton 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 em-
ployee is specifically waived as to the respective claims of
INSLAW, William A. Hamilton, and Nancy Burke Hamil-
ton 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 Wil-
liam A. Hamilton and Nancy Burke Hamilton, individ-
ually, or both, the such parties shall be entitled to payment
of such claims as determined in such action notwithstand-
ing any defense pertaining to statute of limitation, laches,
estoppel, including judicial estoppel, equitable estoppel, col-
lateral estoppel, estoppel by judgment, and promissory es-
toppel, 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, individ-
ually, 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, em-
ployees, or agents.