I 

116TH CONGRESS 

1ST SESSION H. R. 5265 

To provide for the restoration of legal rights for claimants under holocaustera insurance policies. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 22, 2019 

Ms. WASSERMAN SCHULTZ (for herself and Mr. ZELDIN) introduced the following bill; which was referred to the Committee on Foreign Affairs, 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 provide for the restoration of legal rights for claimants 

under holocaust-era insurance policies. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Holocaust Insurance 

5 Accountability Act of 2019’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are to— 

8 (1) allow for the enforcement of State laws re9 quiring the disclosure of information about HoloVerDate Sep 11 2014 02:43 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5265.IH H5265

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1 caust-era insurance policies, notwithstanding the 

2 holding of the Supreme Court of the United States 

3 in American Insurance Association v. Garamendi, 

4 539 U.S. 396 (2003) that such laws are preempted 

5 by the foreign policy espoused by the executive 

6 branch of the Federal Government addressed in that 

7 case; 

8 (2) facilitate the disclosure of information about 

9 Holocaust-era insurance policies under applicable 

10 State laws so that citizens of the United States (and 

11 other persons on whose behalf such laws were en12 acted) may know whether they hold any rights under 

13 the policies; 

14 (3) create a new Federal private cause of action 

15 and subject matter jurisdiction to allow the bene16 ficiaries of Holocaust-era insurance policies, many of 

17 whom are citizens of the United States, to bring 

18 suits in the courts of the United States to recover 

19 any proceeds under the policies to which they may 

20 be entitled, notwithstanding the defense that such 

21 suits are preempted by the executive branch foreign 

22 policy addressed in Garamendi, with the State law of 

23 the forum or Federal common law providing the rule 

24 of decision governing the right of a beneficiary to re25 cover under such policies; 


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1 (4) foreclose defenses to claims brought under 

2 section 4 of this Act arising from any prior judg3 ments or settlement agreements (including the class 

4 action judgment and settlement agreement (M21– 

5 89, United States District Court for the Southern 

6 District of New York) in In re: Assicurazioni Gen7 eral S.p.A. Holocaust Insurance Litigation) that 

8 were entered and approved based on the erroneous 

9 conclusion that State law claims to recover under 

10 Holocaust-era insurance claims are preempted by 

11 the executive branch foreign policy addressed in 

12 Garamendi; 

13 (5) provide for a uniform statute of limitations 

14 of 10 years after the date of enactment of this Act 

15 in any action to recover under Holocaust-era insur16 ance policies under this Act or State law; and 

17 (6) in carrying out the purposes described in 

18 paragraphs (1) through (5), preserve the lawmaking 

19 powers of Congress under article I of the Constitu20 tion of the United States, with which the judicial de21 cisions cited in this section are inconsistent. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) BENEFICIARY.—The term ‘‘beneficiary’’ in25 cludes— 


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1 (A) a named insured or named beneficiary 

2 under a covered policy; and 

3 (B) an heir, assignee, or legal representa4 tive of a named insured or named beneficiary 

5 described in subparagraph (A). 

6 (2) COVERED POLICY.—The term ‘‘covered pol7 icy’’ means any life, dowry, education, annuity, prop8 erty, or other insurance policy that was— 

9 (A) in effect at any time during the period 

10 beginning on January 31, 1933, and ending on 

11 December 31, 1945; and 

12 (B) issued to a policyholder domiciled in— 

13 (i) any area that was occupied or con14 trolled by Nazi Germany; or 

15 (ii) the territorial jurisdiction of Swit16 zerland. 

17 (3) INSURER.—The term ‘‘insurer’’— 

18 (A) means any person engaged in the busi19 ness of insurance (including reinsurance) in 

20 interstate or foreign commerce that issued a 

21 covered policy; and 

22 (B) includes any successor in interest to a 

23 person described in subparagraph (A). 

24 (4) NAZI GERMANY.—The term ‘‘Nazi Ger25 many’’ means— 


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1 (A) the Nazi government of Germany; and 

2 (B) any government that— 

3 (i) had friendly relations with the 

4 Nazi government of Germany; 

5 (ii) was allied with or controlled by 

6 the Nazi government of Germany; or 

7 (iii) exercised or claimed sovereignty 

8 over any area occupied by the military 

9 forces of the Nazi government of Germany. 

10 (5) RELATED COMPANY.—The term ‘‘related 

11 company’’ means an affiliate, as that term is defined 

12 in section 104(g) of the Gramm-Leach-Bliley Act 

13 (15 U.S.C. 6701(g)). 

14 SEC. 4. PRIVATE RIGHT OF ACTION; CIVIL ACTIONS. 

15 (a) CIVIL ACTIONS TO RECOVER UNDER COVERED

16 POLICIES.—This Act creates a new Federal private cause 

17 of action and Federal subject matter jurisdiction for a 

18 beneficiary of a covered policy to bring a civil action 

19 against the insurer for the covered policy or a related com20 pany of the insurer to recover proceeds due under the cov21 ered policy or otherwise to enforce any rights under the 

22 covered policy. The rule of decision governing the right 

23 of a beneficiary to recover under a covered policy shall be 

24 the law of the forum State in which the civil action is filed, 

25 or Federal common law, at the option of the beneficiary. 


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1 (b) NATIONWIDE SERVICE OF PROCESS.—For a civil 

2 action brought under subsection (a) in a district court of 

3 the United States, process may be served in the judicial 

4 district where the case is brought or any other judicial 

5 district of the United States where the defendant may be 

6 found, resides, has an agent, or transacts business. 

7 (c) REMEDIES.— 

8 (1) DAMAGES.— 

9 (A) IN GENERAL.—A court shall award to 

10 a prevailing beneficiary in a civil action brought 

11 under subsection (a)— 

12 (i) the amount of the proceeds due 

13 under the covered policy; 

14 (ii) prejudgment interest on the 

15 amount described in clause (i) from the 

16 date the amount was due until the date of 

17 judgment, calculated at a rate of 6 percent 

18 per year, compounded annually; and 

19 (iii) any other appropriate relief nec20 essary to enforce rights under the covered 

21 policy. 

22 (B) TREBLE DAMAGES.—If a court finds 

23 that an insurer or related company of the in24 surer acted in bad faith, the court shall award 

25 damages in an amount equal to 3 times the 


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1 amount otherwise to be awarded under sub2 paragraph (A). 

3 (2) ATTORNEY’S FEES AND COSTS.—A court 

4 shall award reasonable attorney’s fees and costs to 

5 a prevailing beneficiary in a civil action brought 

6 under subsection (a). 

7 (d) LIMITATION.—A civil action may not be brought 

8 under this section on or after the date that is 10 years 

9 after the date of enactment of this Act. 

10 SEC. 5. EFFECT OF PRIOR JUDGMENTS AND RELEASES. 

11 (a) IN GENERAL.— 

12 (1) EFFECT.—Subject to subsection (b)(1), a 

13 judgment or release described in paragraph (2) shall 

14 not preclude, foreclose, bar, release, waive, acquit, 

15 discharge, or otherwise impair any claim brought 

16 under section 4 by any person. 

17 (2) JUDGMENTS AND RELEASES.—A judgment 

18 or release described in this paragraph is— 

19 (A) a judgment entered before the date of 

20 enactment of this Act for any claim arising 

21 under a covered policy in any civil action in a 

22 Federal or State court; or 

23 (B) an agreement entered into before the 

24 date of enactment of this Act under which any 

25 person (on behalf of the person, any other perVerDate Sep 11 2014 02:43 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5265.IH H5265

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1 son, or a class of persons) agrees not to assert 

2 or agrees to waive or release any claim de3 scribed in subparagraph (A), regardless of 

4 whether the agreement is— 

5 (i) denominated as a release, dis6 charge, covenant not to sue, or otherwise; 

7 or 

8 (ii) approved by a court. 

9 (b) RULES OF CONSTRUCTION.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), nothing in this section shall affect the va12 lidity or enforceability of any agreement entered into 

13 between any claimant under a covered policy and the 

14 International Commission on Holocaust Era Insur15 ance Claims or an insurer under which the claimant 

16 has agreed to release or waive any claim in consider17 ation for payment under a covered policy. 

18 (2) EXCEPTION.—Paragraph (1) shall not 

19 apply to any agreement for which the payment is de20 nominated as humanitarian by the International 

21 Commission on Holocaust Era Insurance Claims. 

22 SEC. 6. EFFECT OF EXECUTIVE AGREEMENTS AND EXECU23 TIVE FOREIGN POLICY. 

24 (a) EFFECT OF EXECUTIVE AGREEMENTS AND EX25 ECUTIVE FOREIGN POLICY ON STATE LAWS.—An execuVerDate Sep 11 2014 02:43 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5265.IH H5265

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1 tive agreement described in subsection (c)(1) and an exec2 utive foreign policy described in subsection (c)(2) shall not 

3 supercede or preempt the law of any State— 

4 (1) relating to a claim under or relating to a 

5 covered policy against the insurer for the covered 

6 policy or a related company of the insurer; or 

7 (2) that requires an insurer doing business in 

8 the State or any related company of the insurer to 

9 disclose information regarding a covered policy 

10 issued by the insurer. 

11 (b) EFFECT OF EXECUTIVE AGREEMENTS AND EX12 ECUTIVE FOREIGN POLICY ON CLAIMS BROUGHT UNDER

13 THIS ACT.—An executive agreement described in sub14 section (c)(1) and an executive foreign policy described in 

15 subsection (c)(2) shall not compromise, settle, extinguish, 

16 waive, preclude, bar, or foreclose a claim brought under 

17 section 4. 

18 (c) EXECUTIVE AGREEMENTS AND EXECUTIVE FOR19 EIGN POLICY COVERED.— 

20 (1) EXECUTIVE AGREEMENTS.—An executive 

21 agreement described in this paragraph is an execu22 tive agreement between the United States and a for23 eign government entered into before, on, or after the 

24 date of enactment of this Act. 


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1 (2) EXECUTIVE FOREIGN POLICY.—An execu2 tive foreign policy described in this paragraph is a 

3 foreign policy of the executive branch of the Federal 

4 Government established before, on, or after the date 

5 of enactment of this Act. 

6 SEC. 7. EFFECT ON STATE LAWS. 

7 Nothing in this Act shall supersede or preempt any 

8 State law except to the extent the law of the State conflicts 

9 with this Act. 

10 SEC. 8. TIMELINESS OF ACTIONS BROUGHT UNDER STATE 

11 LAW. 

12 A claim brought under any State law described in 

13 section 6(a) shall not be deemed untimely on the basis 

14 of any State or Federal statute of limitations or on the 

15 basis of any other legal or equitable rule or doctrine (in16 cluding laches) governing the timeliness of claims if the 

17 claim is filed not later than 10 years after the date of 

18 enactment of this Act. 

19 SEC. 9. SEVERABILITY. 

20 If any provision of this Act or the application of such 

21 provision to any person or circumstance is held to be un22 constitutional, the remainder of this Act and the applica23 tion of such provision to any other person or circumstance 

24 shall not be affected thereby. 


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1 SEC. 10. EFFECTIVE DATE; APPLICABILITY. 

2 This Act shall— 

3 (1) take effect on the date of enactment of this 

4 Act; and 

5 (2) apply to any claim relating to a covered pol6 icy that is brought before, on, or after the date of 

7 enactment of this Act. 

Æ 


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