[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3830 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3830

To prohibit insurers from canceling or refusing to renew fire insurance 
policies covering houses of worship and related support structures, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 1996

 Mr. Filner (for himself, Ms. McKinney, Mrs. Clayton, Mr. Clyburn, Mr. 
 Conyers, Mr. Dellums, Mr. Dixon, Mr. Fields of Louisiana, Mr. Flake, 
Mr. Ford, Mr. Jackson of Illinois, Ms. Jackson-Lee of Texas, Mr. Lewis 
 of Georgia, Ms. Norton, Mr. Payne of New Jersey, Mr. Rush, Mr. Scott, 
    Mr. Thompson, Mr. Towns, Ms. Waters, Mr. Wynn, and Mr. Bishop) 
 introduced the following bill; which was referred to the Committee on 
  Commerce, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To prohibit insurers from canceling or refusing to renew fire insurance 
policies covering houses of worship and related support structures, 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 ``Church Insurance Protection Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) the recent incidents of arson attacks against churches 
        should be condemned; and
            (2) houses of worship and their congregations should be 
        held harmless for the recent acts of arson and insurance 
        companies should be prohibited from taking punitive measures 
        against the churches and congregations because of the 
        occurrence of such acts.

SEC. 3. PROHIBITION OF CANCELING OR DECLINING TO RENEW FIRE INSURANCE 
              FOR RELIGIOUS PROPERTIES.

    An insurer may not cancel or decline to renew any coverage for fire 
insurance for a religious property based on--
            (1) the race, color, religion, or national origin of the 
        members of the congregation for, members of, or participants 
        in, the religious organization or gathering that uses the 
        property (or the predominant number of such members or 
        participants);
            (2) the status of the property as a religious property;
            (3) any previous occurrence of arson against the property; 
        or
            (4) any threat or perceived threat of arson against the 
        property.

SEC. 4. PROHIBITION OF DISCRIMINATION IN PREMIUM CHARGES.

    An insurer may not require, as a condition of coverage for fire 
insurance for a religious property, that the insured pay a premium or 
contribution which is greater than the premium or contribution for 
similar coverage for a similarly situated property, solely on the basis 
of--
            (1) the race, color, religion, or national origin of the 
        members of the congregation for, members of, or participants 
        in, the religious organization or gathering that uses the 
        property (or the predominant number of such members or 
        participants);
            (2) the status of the property as a religious property;
            (3) any previous occurrence of arson against the property; 
        or
            (4) any threat or perceived threat of arson against the 
        property.

SEC. 5. ENFORCEMENT THROUGH DEPARTMENT OF JUSTICE.

    (a) In General.--The authority and responsibility for investigating 
violations of this Act and for enforcing this Act shall be in the 
Attorney General.
    (b) Complaints.--The Attorney General shall provide for persons 
aggrieved under this Act to file complaints with the Attorney General 
alleging violations of this Act and shall investigate such complaints 
to determine whether the violations have occurred.
    (c) Monitoring Compliance.--The Attorney General may, on the 
Attorney General's own initiative, take such actions as the Attorney 
General considers appropriate to investigate and determine compliance 
with this Act.

SEC. 6. CIVIL ACTION.

    (a) Cause of Action.--Whenever the Attorney General has reasonable 
cause to believe that a violation of this Act has occurred and judicial 
action is necessary to carry out the purposes of this Act, the Attorney 
General may commence a civil action in any appropriate United States 
district court.
    (b) Relief.--In addition to other appropriate relief which may be 
granted in a civil action, the court in a civil action under subsection 
(a)--
            (1) may award such preventive relief, including a permanent 
        or temporary injunction, restraining order, or other order 
        against the person responsible for a violation of this Act as 
        is necessary to ensure the full enjoyment of rights granted by 
        this Act (including an order of specific performance of any 
        contract for insurance coverage); and
            (2) shall assess a civil penalty against the person 
        determined to violate this Act in an amount of--
                    (A) $50,000, for a first violation;
                    (B) $250,000, for a second violation; and
                    (C) $500,000, for a third or subsequent violation.

SEC. 7. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Coverage for fire insurance.--The term ``coverage for 
        fire insurance'' means any property and casualty insurance 
        coverage that includes insurance against losses, damages, 
        expenses, and liabilities caused by fires. The term includes 
        coverage under a policy for only the line of insurance for 
        losses from fires and coverage for such fire losses under a 
        policy that includes the fire line of insurance together with 
        other lines.
            (2) Insurer.--The term ``insurer'' means any corporation, 
        association, society, order, firm, company, mutual, 
        partnership, individual, aggregation of individuals, or other 
        legal entity that is authorized to transact the business of 
        property or casualty insurance in any State or that is engaged 
        in a property or casualty insurance business.
            (3) Religious property.--The term ``religious property'' 
        means any church, synagogue, mosque, or other religious 
        property, and includes any buildings and support structures 
        used primarily for worship and related activities.