I
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 Amer-
ican victims of National Socialist persecution.
Be it enacted by the Senate and House of Representa-
tives 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 PERSE-
CUTION
‘‘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 con-
cerned 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 es-
tablish procedures for conducting proceedings under sub-
section (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 provi-
sions 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 Commis-
sion, with respect to any request, demand, order, or sub-
poena 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 Commis-
sion 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 con-
cerned for payment of substantially the same amount as
specified in the Commission’s determination of the
claim.’’.
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