[Congressional Record Volume 149, Number 145 (Thursday, October 16, 2003)]
[Extensions of Remarks]
[Pages E2059-E2060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      INTRODUCTION OF THE ARMENIAN VICTIMS INSURANCE FAIRNESS ACT

                                 ______
                                 

                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                       Thursday, October 16, 2003

  Mr. SCHIFF. Mr. Speaker, I rise today to introduce the ``Armenian 
Victims Insurance Fairness Act''--legislation to provide states with 
the authority to assist survivors of the Armenian Genocide.
  At the end of the 19th century, major American and European insurance 
companies began expanding their operations into the Ottoman Empire and 
thousands of Armenians in the area purchased life insurance policies as 
a form of savings and investment for the

[[Page E2060]]

future. By 1915, it is reported that one French-based company had sold 
more than 11,000 policies in the area. Almost all of these 
policyholders were massacred when a systematic campaign of ethnic 
cleansing was launched, killing more than 1.5 million Armenians.
  Over eighty years later, insurance companies still have not paid the 
benefits due on the thousands of policies sold. Some families have 
tried for years to obtain owed benefits, but insurance companies have 
demanded that the survivors produce non-existent documents, such as 
death certificates.
  In order to provide victims with the justice they deserve, California 
enacted legislation to assist both Armenian victims and Holocaust 
victims in recovering outstanding insurance claims. In addition to 
providing a right of action for claims arising out of such policies, 
California enacted an additional law requiring insurance companies 
doing business in their state to disclose information about Holocaust-
era insurance policies. A similar requirement was omitted from the 
Armenian victims legislation because of a pending Supreme Court 
challenge of the Holocaust disclosure law.
  In a 5-4 ruling, the Supreme Court in AIA v. Garamendi recently 
struck down the California disclosure law, citing Administration 
efforts to settle Holocaust insurance claims and stating that 
``Congress has done nothing to express disapproval of the President's 
policy [with respect to settling such claims and preempting state 
efforts in this area].''
  Although no similar Administration efforts have interfered with the 
settlement of Armenian claims, it is important for Congress to speak 
clearly on this issue. Private settlement negotiations between 
insurance companies and families have been slow with no final 
resolutions reached to date. Families should not have to wait any 
longer for disclosure of policyholder lists.
  I have introduced two pieces of legislation to specifically allow 
states to collect insurance information for victims and survivors of 
the Armenian Genocide and the Holocaust. The Armenian Victims Insurance 
Fairness Act specifically provides states with the authority to pass 
disclosure laws related to insurance policies in effect at any time 
between 1875 and 1923 that were issued to persons domiciled in the 
Ottoman Empire, such as Armenians, Greeks, and Assyrians.
  The Armenian Victims Insurance Fairness Act, and my companion 
legislation the Holocaust Victims Insurance Fairness Act (H.R. 3129), 
specifically provide states with the authority to pass policyholder 
disclosure laws and explicitly express Congressional disapproval of any 
Executive branch policy or agreement that preempts State efforts in 
this area. Pleasejoin me in this effort to finally provide justice to 
those who have been denied it for so long.

                          ____________________