[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3402 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3402

 To amend title 28, United States Code, to authorize Federal district 
  courts to hear civil actions to recover damages for deprivation of 
    property under or resulting from the Nazi government of Germany.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 1999

 Mr. Ramstad introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to authorize Federal district 
  courts to hear civil actions to recover damages for deprivation of 
    property under or resulting from the Nazi government of Germany.

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

SECTION 1. CIVIL ACTIONS IN FEDERAL COURTS FOR DEPRIVATION OF PROPERTY 
              UNDER OR RESULTING FROM THE NAZI GOVERNMENT OF GERMANY.

    (a) Amendment of Title 28.--Chapter 85 of title 28, United States 
Code, is amended by inserting after section 1350 the following new 
section:
``Sec. 1350A. Actions for deprivation of property under or resulting 
              from the Nazi government of Germany
    ``(a) Jurisdiction.--Notwithstanding any otherwise applicable 
limitation period for commencing an action, the district courts shall 
have original jurisdiction over and authority to grant relief in any 
civil action commenced by any person, or the heirs of such person, on 
or before January 1, 2010, to recover damages or secure any other 
appropriate relief resulting from such person's having been deprived of 
property located in Germany, or in any territory occupied or controlled 
by the Nazi regime or its allies, at any time between January 1, 1929, 
and December 31, 1945, pursuant to or as a result of laws, decrees, or 
regulations of the German government, or programs of such government 
designed to transfer ownership of such property to persons of Aryan 
racial stock.
    ``(b) Adjudication of Merits of Claims.--Notwithstanding any 
judicial doctrine imposing prudential limitations on the exercise of 
judicial authority, a district court shall, to the fullest extent of 
its power, adjudicate the merits of any action over which the court has 
jurisdiction under subsection (a).
    ``(c) Amenability of Defendants to Suits.--Any defendant in any 
action brought under subsection (a) shall be amenable to suit to the 
fullest extent permitted by the Constitution of the United States.
    ``(d) Effective Date.--The provisions of this section shall apply 
to any action pending or filed in a State court or in a district court 
or appellate court of the United States on or after October 15, 
1999.''.
    (b) Conforming Amendment.--The table of sections for chapter 85 of 
title 28, United States Code, is amended by inserting after the item 
relating to section 1350 the following new item:

``1350A. Actions for deprivation of property under the Nazi government 
                            of Germany.''.
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