[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1877 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1877

      To clarify and reaffirm a cause of action and Federal court 
    jurisdiction for certain claims against the Government of Iran.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 20 (legislative day, December 18), 2001

  Mr. Harkin introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
      To clarify and reaffirm a cause of action and Federal court 
    jurisdiction for certain claims against the Government of Iran.

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

SECTION 1. FEDERAL COURT JURISDICTION OF CERTAIN CLAIMS AGAINST THE 
              GOVERNMENT OF IRAN.

    (a) Cause of Action.--Notwithstanding the Algiers Accords, any 
other international agreement, or any other provision of law, a former 
Iranian hostage or immediate relative thereof shall have a cause of 
action for money damages against the Government of Iran for the hostage 
taking and any death, disability, or other injury (including pain and 
suffering and financial loss) to the former Iranian hostage resulting 
from the former Iranian hostage's period of captivity in Iran.
    (b) Jurisdiction of the Federal Courts.--Notwithstanding the 
Algiers Accords, any other international agreement, or any other 
provision of law, no United States court shall decline to hear or 
determine on the merits a claim under subsection (a) against the 
Government of Iran.
    (c) Definitions.--In this section:
            (1) Algiers accords.--The term ``Algiers Accords'' means 
        the Declarations of the Government of the Democratic and 
        Popular Republic of Algeria concerning commitments and 
        settlement of claims by the United States and Iran with respect 
        to resolution of the crisis arising out of the detention of 52 
        United States nationals in Iran, with Undertakings and Escrow 
        Agreement, done at Algiers January 19, 1981.
            (2) Former iranian hostage.--The term ``former Iranian 
        hostage'' means any United States personnel held hostage in 
        Iran during the period of captivity in Iran.
            (3) Immediate relative.--The term ``immediate relative'' 
        means, with respect to a former Iranian hostage, the parent, 
        spouse, son, or daughter of the former Iranian hostage.
            (4) Period of captivity in iran.--The term ``period of 
        captivity in Iran'' means the period beginning on November 4, 
        1979, and ending on January 20, 1981.
    (d) Effective Date.--This section shall apply to--
            (1) any action brought before the date of enactment of this 
        Act and being maintained on such date; and
            (2) any action brought on or after the date of enactment of 
        this Act.
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