H.R.5677 - Lasting Justice for Victims of 9/11 Act 107th Congress (2001-2002)
|Sponsor:||Rep. McKinney, Cynthia A. [D-GA-4] (Introduced 10/16/2002)|
|Committees:||House - Judiciary|
|Latest Action:||House - 11/12/2002 Referred to the Subcommittee on Immigration, Border Security, and Claims. (All Actions)|
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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>