[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1856 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1856

   To amend title 28 of the United States Code to authorize Federal 
  district courts to hear civil actions to recover damages or secure 
relief for certain injuries to persons and property under or resulting 
                  from the Nazi government of Germany.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 1999

 Mr. Schumer (for himself and Mr. Torricelli) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 28 of the United States Code to authorize Federal 
  district courts to hear civil actions to recover damages or secure 
relief for certain injuries to persons and 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 CERTAIN INJURIES TO 
              PERSONS AND 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 certain injuries to persons and 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, arising under customary international law, 
any international agreement to which the United States is a party, or, 
to the fullest extent permitted by Article III, section 2 of the United 
States Constitution, the laws of any nation, to recover damages or 
secure any other appropriate relief for an injury or injuries resulting 
from such person's having been--
            ``(1) forced to perform involuntary labor at any time 
        between January 1, 1939 and December 31, 1945, for, or on 
        behalf of, any entity transacting business in Germany, or in 
        any territory occupied or controlled by the Nazi regime or its 
        allies;
            ``(2) subjected to involuntary medical treatment or 
        experimentation at any time between January 1, 1939 and 
        December 31, 1945, for, or on behalf of, any entity transacting 
        business in Germany, or in any territory occupied or controlled 
        by the Nazi regime or its allies;
            ``(3) 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, 1933 and December 31, 
        1945, pursuant to programs designed to transfer ownership of 
        such property to persons of Aryan racial stock; and
            ``(4) denied payment in connection with any insurance 
        policy owned by or covering any person residing in Germany, or 
        in any territory occupied or controlled by the Nazi regime or 
        its allies, who suffered an injury or loss caused by the Nazi 
        regime or its allies between January 1, 1933 and December 31, 
        1945.
    ``(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 all actions pending or filed in the district courts or in the 
appellate courts on or after September 1, 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 certain injuries to persons and property under the 
                            Nazi government of Germany.''.
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