[Congressional Record Volume 149, Number 64 (Thursday, May 1, 2003)]
[Senate]
[Page S5665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COLEMAN:
  S. 972. A bill to clarify the authority of States to establish 
conditions for insurers to conduct the business of insurance within a 
State based on the provision of information regarding Holocaust era 
insurance policies of the insurer, to establish a Federal cause of 
action for claims for payment of such insurance policies, and for other 
purposes; to the Committee on the Judiciary.
  Mr. COLEMAN. Mr. President, I ask unanimous consent that the bill I 
introduce today to clarify the authority of States to establish 
conditions for insurers to conduct the business of insurance within a 
State based on the provision of information regarding Holocaust era 
insurance policies of the insurer, to establish a Federal cause of 
action for claims of payment of such insurance policies, and for other 
purposes be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 972

       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 Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Between 1933 and 1945, the Nazi regime and its 
     collaborators conducted systematic, bureaucratic, and State-
     sponsored persecution and murder of approximately 6,000,000 
     Jews--the genocidal act known as the Holocaust.
       (2) Before and during World War II, millions of European 
     Jews 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 family 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 State insurance 
     regulators in the United States, 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 more than 90,000 claims and 
     has only made 2,281 settlement offers, which amounts to a 
     resolution rate of less than a 3 percent.
       (8) These insurance payments should to 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 such States.
       (10) Holocaust victims and their families should be able to 
     recover claims on Holocaust era insurance policies in Federal 
     court when they consider 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 the 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.--In this section, the 
     term ``Holocaust era insurance policy'' means a policy for 
     insurance coverage that--
       (1) was in force at any time during the 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.--In 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 of 
     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 a State or the 
     Attorney General determines was in a position to have 
     financial dealings with any individual who was a victim of 
     the Holocaust.

     SEC. 5. LISTED HOLOCAUST VICTIMS.

       In 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 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.
                                 ______