[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2781 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2781

To amend the International Claims Settlement Act of 1949 to provide for 
   the settlement of claims relating to American victims of National 
                         Socialist persecution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1999

  Mr. Pallone (for himself, Mr. Engel, Mr. Lantos, Ms. Slaughter, Mr. 
  Wexler, and Mr. Gejdenson) introduced the following bill; which was 
          referred to the Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
To amend the International Claims Settlement Act of 1949 to provide for 
   the settlement of claims relating to American victims of National 
                         Socialist persecution.

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

SECTION 1. CLAIMS RELATING TO AMERICAN VICTIMS OF NATIONAL SOCIALIST 
              PERSECUTION.

    The International Claims Settlement Act of 1949 (22 U.S.C. 1621 and 
following) is amended by adding at the end the following:

``TITLE VIII--CLAIMS RELATING TO AMERICAN VICTIMS OF NATIONAL SOCIALIST 
                              PERSECUTION

``SEC. 801. DETERMINATION OF CLAIMS.

    ``(a) In General.--The Commission shall receive and determine the 
validity and amount of any claim for damages arising from National 
Socialist persecution that would be actionable in the courts of the 
United States or of the States under section 1605(a)(7) of title 28, 
United States Code, but for subparagraph (A) of such section, or under 
section 589 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1997 (as contained in Public Law 104-208; 
110 Stat. 3009-172), but for the fact that the foreign state concerned 
was not designated as a state sponsor of terrorism under section 6(j) 
of the Export Administration Act of 1979. In a claim brought under this 
subsection--
            ``(1) the requirement set forth in clause (i) of section 
        1605(a)(7)(B) of title 28, United States Code, relating to 
        arbitration, does not apply, but the requirement set forth in 
        clause (ii) of that section that the claimant or the victim be 
        a national of the United States does apply; and
            ``(2) the claimant is entitled to damages to the same 
        extent as if the claim had been brought in court.
    ``(b) Procedures.--(1) The Commission shall establish procedures 
for conducting proceedings under subsection (a), including with respect 
to the manner in which claimants are to bring their claims before the 
Commission.
    ``(2) Only the provisions of subsections (c), (d), and (e) of 
section 4 of this Act (22 U.S.C. 1623 (c), (d), (e)) shall apply to 
this section, and those provisions shall apply to the same extent as 
those provisions apply to claims under title I.
    ``(3) Except as otherwise provided in this section and in those 
provisions referred to in paragraph (2), the provisions of subchapter 
II of chapter 5, and of chapter 7, of title 5, United States Code, 
shall apply to the actions of the Commission under this section.
    ``(c) Time Limit For Bringing Claims.--(1) The time limit for 
bringing claims under section 1605(a)(7) of title 28, United States 
Code, shall apply to bringing claims under this section.
    ``(2) No claim for damages otherwise actionable under this section 
shall be denied based on any failure of a claimant to submit a timely 
claim under this subsection unless the United States demonstrates that 
the claimant received actual notice of the claims program under which 
the claimant applies and failed to submit a timely claim.
    ``(d) Limitation on Discovery.--Section 1605(g) of title 28, United 
States Code, shall apply to the Commission, with respect to any 
request, demand, order, or subpoena for information from the United 
States, to the same extent as such section applies to any request, 
demand, or order for discovery in the United States.
    ``(e) Appeal of Commission Determination.--A claimant may appeal 
the determination of the Commission under this section on the claim to 
the United States Court of Appeals for the District of Columbia Circuit 
within 30 days after the Commission's determination is issued. The 
court of appeals may render an opinion and judgment and remand the case 
for further action by the Commission, with such direction as the court 
considers just and proper.
    ``(f) Role of Secretary of State.--The Commission shall notify the 
Secretary of State of the amount of each claim awarded under this 
section. Upon receipt of notification of a claim, the Secretary of 
State shall take the necessary steps to negotiate with the foreign 
state concerned for payment of substantially the same amount as 
specified in the Commission's determination of the claim.''.
                                 <all>