I
106TH CONGRESS
1ST SESSION
H. R. 3254
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 HOUSE OF REPRESENTATIVES
NOVEMBER 8, 1999
Mr. NADLER (for himself, Mr. RANGEL, Mr. ENGEL, Mr. RAMSTAD, and Mr.
WEINER) introduced the following bill; which was referred to the Com-
mittee 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 govern-
ment of Germany.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CIVIL ACTIONS IN FEDERAL COURTS FOR CER-
TAIN INJURIES TO PERSONS AND PROPERTY
UNDER OR RESULTING FROM THE NAZI GOV-
ERNMENT OF GERMANY.
(a) AMENDMENT OF TITLE 28.—Chapter 85 of title
28, United States Code, is amended by inserting after sec-
tion 1350 the following new section:
‘‘§ 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 au-
thority to grant relief in any civil action commenced by
any person, or the heirs of such person, on or before Janu-
ary 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 ap-
propriate 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, 1933, and December 31,
1945, for or on behalf of any entity transacting
controlled by the Nazi regime or its allies, who suf-
fered 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.—Not-
withstanding 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 jurisdic-
tion 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 sec-
tion shall apply to all actions pending or filed in the dis-
trict courts or in the appellate courts on or after Sep-
tember 1, 1999.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions 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 or resulting
from the Nazi government of Germany.’’.
Æ