[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 743 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 743

To clarify the authority of States to establish conditions for insurers 
to conduct the business of insurance within a State based on provision 
   of information regarding Holocaust era insurance policies of the 
   insurer and to establish a Federal cause of action for claims for 
      payment of such insurance policies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2005

  Mr. Foley (for himself, Mr. Israel, Mrs. McCarthy, Mr. Norwood, Mr. 
McNulty, Ms. Zoe Lofgren of California, and Mr. McHugh) introduced the 
   following bill; which was referred to the Committee on Financial 
                                Services

_______________________________________________________________________

                                 A BILL


 
To clarify the authority of States to establish conditions for insurers 
to conduct the business of insurance within a State based on provision 
   of information regarding Holocaust era insurance policies of the 
   insurer and to establish a Federal cause of action for claims for 
      payment of such insurance policies, 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 ``Comprehensive Holocaust 
Accountability in Insurance Measure''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) between 1933 and 1945, the Nazi regime and its 
        collaborators conducted systematic, bureaucratic, and State-
        sponsored persecution and murder of approximately six million 
        Jews--the genocidal act known as the Holocaust;
            (2) before and during World War II, millions of European 
        Jews had purchased, in good faith, life insurance policies with 
        certain European insurance companies because these policies 
        were a popular form of savings and investment that provided a 
        means of safeguarding a family's assets, assisting in 
        retirement planning, providing for a dowry, or saving for the 
        education of children;
            (3) after the Nazis came to power in Germany, they 
        systematically confiscated the insurance assets, including the 
        cash value of life insurance policies, of Jews and other 
        designated enemies of the Nazi regime;
            (4) after the conclusion of World War II, European insurers 
        often rejected insurance claims of Holocaust victims and heirs 
        who lacked required documentation, such as death certificates;
            (5) during the 50 years since the end of the war, only a 
        small percentage of Holocaust victims and their families have 
        been successful in collecting on their policies;
            (6) in 1998, the International Commission on Holocaust Era 
        Insurance Claims (ICHEIC) was established by U.S. State 
        insurance regulators, European insurers, and certain 
        nongovernmental organizations to act as a facilitator between 
        insurers and beneficiaries to help expedite payouts on 
        contested insurance policies;
            (7) to date ICHEIC has received over 90,000 claims and has 
        only made 2,281 settlement offers, which amounts to less than a 
        3% success rate;
            (8) these insurance payments should be expedited to the 
        victims of the most heinous crime of the 20th century to ensure 
        that they do not become victims a second time;
            (9) States should be allowed to collect Holocaust-era 
        insurance information from foreign-based insurance companies 
        that want to do business in the State; and
            (10) Holocaust victims and their families should be able to 
        recover claims on Holocaust era insurance policies in Federal 
        court when they deem it necessary to seek redress through the 
        judicial system.

SEC. 3. STATE AUTHORITY TO ESTABLISH REQUIREMENTS FOR CONDUCTING 
              INSURANCE BUSINESS.

    (a) In General.--A State may establish requirements on insurers as 
a condition of doing insurance business in that State, to the extent 
such requirements are consistent with the due process guarantees of the 
Constitution of the United States, as follows:
            (1) Information requirements.--The State may require that 
        an insurer provide to the State the following information 
        regarding Holocaust era insurance policies:
                    (A) Whether the insurer, or any affiliate or 
                predecessor company, sold any such policies.
                    (B) The number of such policies sold by the 
                insurer, and any affiliates and predecessor companies, 
                and the number the insurer and its affiliates currently 
                have in their possession.
                    (C) The identity of the holder and beneficiary of 
                each such policy sold or held and current status of 
                each such policy.
                    (D) The city of origin, domicile, and address for 
                each policyholder listed.
                    (E) If an insurer has no such policies to report 
                because records are no longer in the possession of the 
                insurer or its affiliates, a statement explaining the 
                reasons for the lack of possession of such records.
                    (F) Any other information regarding such policies 
                as the State considers appropriate.
            (2) Requirements regarding payment of policies.--A State 
        may require that an insurer certify that, with respect to any 
        Holocaust era insurance policies sold or at any time held by 
        the insurer--
                    (A) the proceeds of the policy were paid;
                    (B) the beneficiaries of the policy or heirs or 
                such beneficiaries could not, after diligent search, be 
                located, and the proceeds were distributed to Holocaust 
                survivors or charities;
                    (C) a court of law has certified a plan for the 
                distribution of the proceeds; or
                    (D) the proceeds have not been distributed.
    (b) Holocaust Era Insurance Policies.--For purposes of this 
section, the term ``Holocaust era insurance policy'' means a policy for 
insurance coverage that--
            (1) was in force at any time during the 26-year period 
        beginning with 1920 and ending with 1945; and
            (2) has a policy beneficiary, policyholder, or insured life 
        that is a listed Holocaust victim.

SEC. 4. FEDERAL CAUSE OF ACTION FOR COVERED CLAIMS.

    (a) Federal Cause of Action.--
            (1) In general.--There shall exist a Federal cause of 
        action for any covered claim.
            (2) Statute of limitations.--Any action brought under 
        paragraph (1) shall be filed not later than 10 years after the 
        date of the enactment of this Act.
    (b) Subject Matter Jurisdiction.--The district courts shall have 
original jurisdiction of any civil action on a covered claim (whether 
brought under subsection (a) or otherwise).
    (c) Personal Jurisdiction.--Notwithstanding any provision of Rule 4 
of the Federal Rules of Civil Procedure to the contrary, in a civil 
action on a covered claim (whether brought under subsection (a) or 
otherwise) commenced in a district where the defendant is not a 
resident--
            (1) the court may exercise jurisdiction over such defendant 
        on any basis not inconsistent with the Constitution of the 
        United States; and
            (2) service of process, summons, and subpoena may be made 
        on such defendant in any manner not inconsistent with the 
        Constitution of the United States.
    (d) Definitions.--For purposes of this section:
            (1) Covered claim.--The term ``covered claim'' means a 
        claim against a covered foreign insurance company that arises 
        out of the insurance coverage involved in an original request.
            (2) Original request.--The term ``original request'' means 
        a request that--
                    (A) seeks payment of any claim on insurance 
                coverage that--
                            (i) was provided by a covered foreign 
                        insurance company;
                            (ii) had as the policyholder, insured, or 
                        beneficiary a listed Holocaust victim; and
                            (iii) was in effect during any portion of 
                        the 13-year period beginning with 1933 and 
                        ending with 1945; and
                    (B) was made by a listed Holocaust victim, or the 
                heirs or beneficiaries of such victim, to the covered 
                foreign insurance company or the International 
                Commission on Holocaust Era Insurance Claims.
            (3) Covered foreign insurance company.--The term ``covered 
        foreign insurance company'' means each of the following 
        companies, and its affiliates and predecessor companies:
                    (A) Assicurazioni Generali S.p.A.
                    (B) Union Des Assurances de Paris.
                    (C) Victoria Lebenversicherungs AG.
                    (D) Winterthur Lebensversicherungs Gesellschaft.
                    (E) Allianz Lebensversicherungs AG.
                    (F) Wiener Allianz Versicherungs AG.
                    (G) Riunione Adriatica di Sicurta.
                    (H) Vereinte Lebensversicherungs AG.
                    (I) Basler Lebens-Versicherungs Gesellschaft.
                    (J) Deutscher Ring Lebensversicherungs AG.
                    (K) Nordstern Lebensversicherungs AG.
                    (L) Gerling Konzern Lebensversicherungs AG.
                    (M) Manheimer Lebensversicherung AG.
                    (N) Der Anker.
                    (O) Allgemeine Versicherungs AG.
                    (P) Zuerich Lebensversicherungs Gesellschaft.
                    (Q) Any other foreign insurance company that the 
                States or the Attorney General of the United States 
                determines was in a position to have financial dealings 
                with any individual who was a victim of the Holocaust.

SEC. 5. LISTED HOLOCAUST VICTIMS.

    For purposes of this Act, the term ``listed Holocaust victim'' 
means the following individuals:
            (1) List of survivors.--Any individual whose name is on the 
        list of Jewish Holocaust Survivors maintained by the United 
        States Holocaust Memorial Museum in Washington, D.C.
            (2) List of deceased.--Any individual whose name is on the 
        list of individuals who died in the Holocaust maintained by the 
        Yad Veshem of Jerusalem in its Hall of Names.
            (3) Other lists.--Any individual whose name is on--
                    (A) any list of Holocaust victims that is 
                designated as appropriate for use under this Act by the 
                chief executive officer of a State or a State insurance 
                commissioner or other principal insurance regulatory 
                authority of a State; or
                    (B) any similar list, such as a list of the 
                International Red Cross, the League of Red Cross 
                Societies, the Supreme Headquarters of the Allied 
                Expeditionary Forces, or other regularly accessed 
                source of information regarding Holocaust victims.
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