Text: H.R.5677 — 107th Congress (2001-2002)All Information (Except Text)

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Introduced in House (10/16/2002)

 
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 5677 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5677

To allow suits to be filed against foreign states or other persons for 
   damages arising from the terrorist attacks of September 11, 2001, 
 regardless of whether a claim has been filed under the September 11th 
       Victims Compensation Fund of 2001, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2002

 Ms. McKinney introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To allow suits to be filed against foreign states or other persons for 
   damages arising from the terrorist attacks of September 11, 2001, 
 regardless of whether a claim has been filed under the September 11th 
       Victims Compensation Fund of 2001, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lasting Justice for Victims of 9/11 
Act''.

SEC. 2. JURISDICTION OF FEDERAL COURTS.

    (a) Jurisdiction.--Notwithstanding chapter 97 of title 28, United 
States Code, in any action brought in any court of the United States or 
of any State in which money damages are sought against a foreign state 
or other person for personal injury or death that was caused by the 
terrorist attacks of September 11, 2001, including any action brought 
on the basis of the defendant's direct participation in such attacks or 
other acts of the defendant that caused, permitted, provided material 
support or resources (as defined in section 2339A of title 18, United 
States Code) for, or in any other way assisted the perpetrators in the 
commission of, such attacks, the jurisdiction of the court shall not be 
barred--
            (1) on the grounds that the defendant is immune from suit 
        as a foreign state, or is immune from suit under the Vienna 
        Convention on Diplomatic Relations, the Convention on 
        Privileges and Immunities of the United Nations, the Diplomatic 
        Relations Act (22 U.S.C. 254a et seq.), or any other law 
        extending diplomatic privileges or immunities; or
            (2) on the basis of section 408(b) of the September 11th 
        Victims Compensation Fund of 2001 (49 U.S.C. 40101 note).
    (b) Statute of Limitations.--No action to which subsection (a) 
applies may be brought more than 25 years after the date of the 
enactment of this Act.
    (c) Definitions.--In this section:
            (1) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            (2) Foreign state.--The term ``foreign state'' has the 
        meaning given that term in section 1603 of title 28, United 
        States Code.
    (d) Actions Against Air Carriers Not Affected.--This section does 
not supersede the applicability of section 408(a) of the September 11th 
Victims Compensation Fund of 2001 (49 U.S.C. 40101 note).

SEC. 3. RIGHTS UNDER SEPTEMBER 11TH VICTIMS COMPENSATION FUND.

    Sections 405(c)(3)(B) and 409 of the September 11th Victims 
Compensation Fund of 2001 (49 U.S.C. 40101 note) shall not apply with 
respect to any action to which section 2(a) of this Act applies, except 
that if a person receives a money judgment in an action to which 
section 2(a) applies--
            (1) the court shall so notify the Special Master appointed 
        under section 404(a) of the September 11th Victims Compensation 
        Fund of 2001; and
            (2)(A) if the person has already been paid compensation 
        under section 406 of that Act, the court shall order the 
        reimbursement of the appropriate account of the United States 
        Treasury in an amount which is the lesser of--
                    (i) the amount of the judgment, less costs and 
                attorneys fees; or
                    (ii) the amount of the compensation paid under such 
                section 406; or
            (B) if no payment under section 406 of that Act has yet 
        been made to that person, the Special Master referred to in 
        paragraph (1) shall reduce the amount of any compensation 
        defined under section 405(b)(1)(B)(ii) of that Act by the 
        amount of the judgment, less costs and attorneys fees, except 
        that no amount of compensation shall be reduced to less than 0.

SEC. 4. ACTION BY EXECUTIVE BRANCH.

    The heads of the appropriate departments and agencies of the United 
States shall assist plaintiffs in actions to which section 2(a) applies 
in enforcing any decision, judgment, or order issued in favor of 
plaintiffs in such actions.
                                 <all>