[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8440 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8440
To waive the statute of limitations for cases against the government
related to the General Motors bailout that were filed on or before July
9, 2015, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2024
Mr. Moore of Alabama (for himself and Mr. Carter of Louisiana)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To waive the statute of limitations for cases against the government
related to the General Motors bailout that were filed on or before July
9, 2015, 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 ``Auto Bailout Accident Victims
Recovery Act of 2024''.
SEC. 2. SETTLEMENT OF ACCIDENT VICTIM LITIGATION RELATED TO THE GENERAL
MOTORS BAILOUT; WAIVER OF STATUTE OF LIMITATIONS.
(a) Any eligible civil action arising from the filing of an
eligible complaint alleging a violation of the takings clause of
amendment V to the United States Constitution is not subject to any
statute of limitations.
(b) The United States shall pay just compensation to an eligible
claimant, consistent with amendment V to the Constitution of the United
States, to resolve an eligible claim. Just compensation payments to
eligible claimants shall be made pursuant to section 1304 of title 31,
United States Code.
(c) If a settlement agreement has not been submitted to the court
presiding over an eligible complaint within 30 days after the date of
enactment of this Act, the Attorney General shall submit a report to
Congress describing the reasons why a settlement agreement was not
reached with counsel of record to an eligible complaint.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) The term ``eligible claim'' means a claim asserted in
an eligible complaint on behalf of all eligible claimants.
(2) The term ``eligible claimant'' means a plaintiff, class
member, or putative class member in respect of the eligible
complaint who holds an eligible claim and who filed a proof of
claim in the bankruptcy case captioned In re Motors Liquidation
Company, et al., No. 09-50026 (Bankr. S.D.N.Y), based on death
or personal injuries that were caused by or attributable to
alleged defects in motor vehicles designed for operation on
public roadways, or by the component parts of such motor
vehicles, and in each case, manufactured, sold, or delivered by
General Motors Corporation or any of its subsidiaries on or
before June 1, 2009.
(3) The term ``eligible complaint'' means the complaint
filed with the United States Court of Federal Claims by or on
behalf of eligible claimants on July 9, 2015, captioned
Campbell, et al., v. United States, No. 15-717, alleging
violation by the United States of amendment V to the
Constitution in connection with the acquisition on July 10,
2009, by NGMCO, Inc., a United States Treasury-sponsored
entity, of substantially all the assets of General Motors
Corporation.
(4) The term ``just compensation'' means payment of a lump-
sum amount equal to the sum of--
(A) 2.5 times the ``allowed amount'' listed on the
final claims register filed on June 3, 2021, in the In
re Motors Liquidation Company bankruptcy case in
respect of a proof of claim filed by or on behalf of an
eligible claimant, plus
(B) interest thereon, plus
(C) reasonable court-approved fees and costs to
counsel of record on the eligible complaint, all
without offset of any kind.
Interest shall accrue on all eligible claims from July 10,
2009, to the effective date of settlement at a rate of three
and one-half percent (3.5 percent) per annum, compounded
quarterly.
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