II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1856 IS

1 SECTION 1. CIVIL ACTIONS IN FEDERAL COURTS FOR CER2 TAIN INJURIES TO PERSONS AND PROPERTY

3 UNDER OR RESULTING FROM THE NAZI GOV4 ERNMENT OF GERMANY.

5 (a) AMENDMENT OF TITLE 28.—Chapter 85 of title

6 28, United States Code, is amended by inserting after sec7 tion 1350 the following new section:

8 ‘‘§ 1350A. Actions for certain injuries to persons and

9 property under or resulting from the

10 Nazi government of Germany.

11 ‘‘(a) JURISDICTION.—Notwithstanding any otherwise

12 applicable limitation period for commencing an action, the

13 district courts shall have original jurisdiction over and au14 thority to grant relief in any civil action commenced by

15 any person, or the heirs of such person, on or before Janu16 ary 1, 2010, arising under customary international law,

17 any international agreement to which the United States

18 is a party, or, to the fullest extent permitted by Article

19 III, section 2 of the United States Constitution, the laws

20 of any nation, to recover damages or secure any other ap21 propriate relief for an injury or injuries resulting from

22 such person’s having been—

23 ‘‘(1) forced to perform involuntary labor at any

24 time between January 1, 1939 and December 31,

25 1945, for, or on behalf of, any entity transacting
3

•S 1856 IS

1 business in Germany, or in any territory occupied or

2 controlled by the Nazi regime or its allies;

3 ‘‘(2) subjected to involuntary medical treatment

4 or experimentation at any time between January 1,

5 1939 and December 31, 1945, for, or on behalf of,

6 any entity transacting business in Germany, or in

7 any territory occupied or controlled by the Nazi re8 gime or its allies;

9 ‘‘(3) deprived of property located in Germany,

10 or in any territory occupied or controlled by the

11 Nazi regime or its allies, at any time between Janu12 ary 1, 1933 and December 31, 1945, pursuant to

13 programs designed to transfer ownership of such

14 property to persons of Aryan racial stock; and

15 ‘‘(4) denied payment in connection with any in16 surance policy owned by or covering any person re17 siding in Germany, or in any territory occupied or

18 controlled by the Nazi regime or its allies, who suf19 fered an injury or loss caused by the Nazi regime or

20 its allies between January 1, 1933 and December

21 31, 1945.

22 ‘‘(b) ADJUDICATION OF MERITS OF CLAIMS.—Not23 withstanding any judicial doctrine imposing prudential

24 limitations on the exercise of judicial authority, a district

25 court shall, to the fullest extent of its power, adjudicate
4

•S 1856 IS

1 the merits of any action over which the court has jurisdic2 tion under subsection (a).

3 ‘‘(c) AMENABILITY OF DEFENDANTS TO SUITS.—

4 Any defendant in any action brought under subsection (a)

5 shall be amenable to suit to the fullest extent permitted

6 by the Constitution of the United States.

7 ‘‘(d) EFFECTIVE DATE.—The provisions of this sec8 tion shall apply to all actions pending or filed in the dis9 trict courts or in the appellate courts on or after Sep10 tember 1, 1999.’’.

11 (b) CONFORMING AMENDMENT.—The table of sec12 tions for chapter 85 of title 28, United States Code, is

13 amended by inserting after the item relating to section

14 1350 the following new item:

‘‘1350A. Actions for certain injuries to persons and property under the Nazi

government of Germany.’’.

Æ