H.R. 3129House108th Congress (2003-2005)In Committee

Holocaust Victims Insurance Fairness Act

Legislative Activity

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3 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises.

Capital Markets Subcommittee

December 2, 2003

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HouseIntro Referral

Introduced in House

September 17, 2003

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E1820)

September 17, 2003

HouseIntro Referral

Referred to the House Committee on Financial Services.

Financial Services Committee

September 17, 2003

HouseCommittee

Referred to the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises.

Capital Markets Subcommittee

December 2, 2003

Floor Debate

1 member

What members said about H.R. 3129 on the floor

1 Democrat

Rep. Adam B. SchiffD-CA-29 · Oct 16, 2003

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…

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

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.

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Introduced in HouseIssued September 17, 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3129 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 3129

To permit States to require insurance companies to disclose Holocaust-
era insurance information.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 17, 2003

Mr. Schiff introduced the following bill; which was referred to the
Committee on Financial Services

_______________________________________________________________________

A BILL

To permit States to require insurance companies to disclose Holocaust-
era insurance information.

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 ``Holocaust Victims Insurance Fairness
Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The Holocaust occurred between 1933 and 1945 and
involved the systematic, bureaucratic, and State-sponsored
persecution and murder of approximately six million Jews by the
Nazi regime and its collaborators.
(2) Before and during this period of time, millions of
European Jews purchased life insurance policies from certain
European insurance companies as a form of savings and
investment.
(3) After World War II, insurance companies rejected many
claims presented by Holocaust survivors or heirs of Holocaust
victims because the claimants lacked the requisite
documentation, such as death certificates, that had been
confiscated by the Nazi regime.
(4) Since the end of the war several years ago, only a
small fraction of Holocaust victims and their families have
been able to collect on their policies.
(5) In 1998, the International Commission on Holocaust Era
Insurance Claims (ICHEIC) was established to address the issue
of unpaid insurance policies and to expedite payouts to
Holocaust victims.
(6) To date, companies holding Holocaust-era insurance
policies continue to withhold names on thousands of policies
and more than 80 percent of claims applications filed with the
ICHEIC remain unresolved due to the inability of claimants to
identify the company holding the policy.
(7) States should be allowed to collect Holocaust-era
insurance information from foreign-based insurance companies
that want to do business in the State.

SEC. 3. AUTHORIZATION FOR STATES TO REQUIRE DISCLOSURE OF HOLOCAUST-ERA
INSURANCE INFORMATION.

(a) In General.--Any State may implement a law that--
(1) requires insurance companies conducting business in the
State to disclose (and to make publicly available) details
regarding some or all covered policies described in subsection
(b)(1) that were issued by that company or by any related
company; and
(2) provides for appropriate penalties and sanctions for
noncompliance.
(b) Definitions.--For purposes of this section:
(1) Covered policy.--A covered policy described in this
paragraph is a property, liability, health, annuity, dowry,
educational, or casualty insurance policy that was issued to a
policyholder domiciled in the area of the European Continent
that was occupied or controlled by Nazi Germany or by any ally
or sympathizer of Nazi Germany and that was in effect at any
time during the period between 1933 and 1945.
(2) Related company.--The term ``related company''
includes, with respect to an insurance company, any parent,
subsidiary, reinsurer, successor in interest, managing general
agent, or affiliate company, whether or not the company was
related during the time when a covered policy was sold.
(c) Congressional Disapproval.--Any Executive branch policy or
agreement that preempts State efforts to collect Holocaust-era
insurance information to resolve outstanding claims is explicitly
disapproved by the Congress.
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