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H.R. 7205: Ukrainian Sovereignty Act of 2022


The text of the bill below is as of Mar 24, 2022 (Introduced).


I

117th CONGRESS

2d Session

H. R. 7205

IN THE HOUSE OF REPRESENTATIVES

March 24, 2022

(for herself and Mr. Upton) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 28, United States Code, to ensure those who incur losses as a result of hostile invasion in Europe have access to the United States courts to recover damages, and for other purposes.

1.

Short title

This Act may be cited as the Ukrainian Sovereignty Act of 2022.

2.

Authorizing certain actions in United States courts

(a)

In general

Chapter 97 of title 28, United States Code, is amended by adding after section 1605B the following:

1605C.

Authorizing certain actions in United States courts

(a)

Civil action

Notwithstanding any other provision of law, a foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against the foreign state for physical injury, including death, property damage, or loss of property caused by the foreign state’s invasion of another sovereign nation located in Europe if such invasion—

(1)

was by or at the direction of the foreign state irrespective of where such injury, death, damage, or loss occurred; and

(2)

has been, at any time, condemned by the General Assembly of the United Nations and by a concurrent resolution or separate resolutions of the United States House of Representatives and the United States Senate.

(b)

Attachment

Notwithstanding any other provision of law, including the limitations in section 1610, the property in the United States of the aggressor foreign state shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act.

(c)

Jurisdiction

The district courts of the United States shall have original jurisdiction, without regard to the amount in controversy, of any civil action made under this section. Personal jurisdiction over a foreign state shall exist as to each claim for relief where service has been made pursuant to section 1608.

(d)

Definitions

In this section, the term:

(1)

Foreign state

The term foreign state includes—

(A)

a foreign state as defined by section 1603(a);

(B)

an agency or instrumentality of a foreign state as defined by section 1603(b); and

(C)

any official of a foreign state and any citizen of such state subject to any sanction by the United States through the Department of Commerce, the Department of Justice, or the Department of State.

(2)

Europe

The term Europe includes the following sovereign nations:

(A)

Each sovereign nation that is a member of the European Union.

(B)

United Kingdom.

(C)

Norway.

(D)

Switzerland.

(E)

Danish autonomous territory of Greenland.

(F)

Bulgaria.

(G)

Romania.

(H)

Ukraine, including Crimea, Luhansk, and Donetsk.

(I)

Croatia.

(J)

Republic of North Macedonia.

(K)

Albania.

(L)

Bosnia and Herzogovina.

(M)

Montenegro.

(N)

Moldova.

(O)

Andorra.

(P)

Iceland.

(Q)

Liechtenstein.

(R)

San Marino.

.

(b)

Clerical amendment

The table of sections for chapter 97 of title 28, United States Code, is amended by inserting before the item relating to section 1605B the following new item:

1605C. Authorizing certain actions in United States courts.

.

(c)

Effective date; applicability

The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to any invasion of a sovereign nation occurring one year prior to, on, or after the date of the enactment of this Act.