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Case 22-1426, Document 59, 02/28/2023, 3475902, Page/0 of 113
the Landgraf test.” Enterprise, 391 F.3d at 408 (citing Landgraf, 511 U.S. at 262-
63); see also Martin v. Hadix, 527 U.S. 343, 355-57 (1999); Lattab v. Ashcroft,
384 F.3d 8, 14 (1st Cir. 2004).
The legislative history of 2003’s amendment makes it abundantly clear that
Congress considered—and rejected—a retroactivity clause that would have
expressly allowed § 3283’s lifetime limitations period to attach to conduct
predating its enactment. The House version of the bill included the following
proviso:
The amendments made by this section shall apply to the prosecution
of any offense committed before, on, or after the date of the enactment
of this section.
Child Abduction Prevention Act, H.R. 1104, 108th Cong. § 202 (2003). When the
House and Senate conferenced, however, this retroactivity provision was rejected.
Courts give great weight to Congress’ consideration and rejection of a legislative
proposal in interpreting federal statutes, and such a clear expression of
congressional intent ought to end the Landgraf analysis at step one here. See Food
& Food & Drug Admin. v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 144
(2000); Bureau of Alcohol, Tobacco & Firearms v. Fed. Labor Relations Auth.,
464 U.S. 89, 104 (1983); Hudson Valley Black Press v. I.R.S., 409 F.3d 106, 112
(2d Cir. 2005); United States v. Napolitano, 761 F.2d 135, 137 (2d Cir. 1985);
United States v. Lawson, 683 F.2d 688, 693 (2d Cir. 1982).
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Document Details
| Filename | DOJ-OGR-00021117.jpg |
| File Size | 653.1 KB |
| OCR Confidence | 94.0% |
| Has Readable Text | Yes |
| Text Length | 1,522 characters |
| Indexed | 2026-02-03 20:07:24.426133 |