I 

108TH CONGRESS 

1ST SESSION H. R. 1905

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 

MAY 1, 2003

Mr. FOLEY (for himself, Mr. ISRAEL, Ms. ROS-LEHTINEN, Mr. MARKEY, Mr. 

MCNULTY, Mr. FROST, and Mr. CROWLEY) 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.

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 ‘‘Comprehensive Holo5 caust Accountability in Insurance Measure’’. 
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1 SEC. 2. CONGRESSIONAL FINDINGS. 

2 The Congress finds that—

3 (1) between 1933 and 1945, the Nazi regime 

4 and its collaborators conducted systematic, bureau5 cratic, and State-sponsored persecution and murder 

6 of approximately six million Jews—the genocidal act 

7 known as the Holocaust; 

8 (2) before and during World War II, millions of 

9 European Jews had purchased, in good faith, life in10 surance policies with certain European insurance 

11 companies because these policies were a popular 

12 form of savings and investment that provided a 

13 means of safeguarding a family’s assets, assisting in 

14 retirement planning, providing for a dowry, or sav15 ing for the education of children; 

16 (3) after the Nazis came to power in Germany, 

17 they systematically confiscated the insurance assets, 

18 including the cash value of life insurance policies, of 

19 Jews and other designated enemies of the Nazi re20 gime; 

21 (4) after the conclusion of World War II, Euro22 pean insurers often rejected insurance claims of Hol23 ocaust victims and heirs who lacked required docu24 mentation, such as death certificates; 

25 (5) during the 50 years since the end of the 

26 war, only a small percentage of Holocaust victims 
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1 and their families have been successful in collecting 

2 on their policies; 

3 (6) in 1998, the International Commission on 

4 Holocaust Era Insurance Claims (ICHEIC) was es5 tablished by U.S. State insurance regulators, Euro6 pean insurers, and certain nongovernmental organi7 zations to act as a facilitator between insurers and 

8 beneficiaries to help expedite payouts on contested 

9 insurance policies; 

10 (7) to date ICHEIC has received over 90,000 

11 claims and has only made 2,281 settlement offers, 

12 which amounts to less than a 3% success rate; 

13 (8) these insurance payments should be expe14 dited to the victims of the most heinous crime of the 

15 20th Century to ensure that they do not become vic16 tims a second time; 

17 (9) States should be allowed to collect Holo18 caust-era insurance information from foreign-based 

19 insurance companies that want to do business in the 

20 State; and 

21 (10) Holocaust victims and their families should 

22 be able to recover claims on Holocaust era insurance 

23 policies in Federal court when they deem it nec24 essary to seek redress through the judicial system. 
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1 SEC. 3. STATE AUTHORITY TO ESTABLISH REQUIREMENTS 

2 FOR CONDUCTING INSURANCE BUSINESS. 

3 (a) IN GENERAL.—A State may establish require4 ments on insurers as a condition of doing insurance busi5 ness in that State, to the extent such requirements are 

6 consistent with the due process guarantees of the Con7 stitution of the United States, as follows: 

8 (1) INFORMATION REQUIREMENTS.—The State 

9 may require that an insurer provide to the State the 

10 following information regarding Holocaust era insur11 ance policies: 

12 (A) Whether the insurer, or any affiliate or 

13 predecessor company, sold any such policies. 

14 (B) The number of such policies sold by 

15 the insurer, and any affiliates and predecessor 

16 companies, and the number the insurer and its 

17 affiliates currently have in their possession. 

18 (C) The identity of the holder and bene19 ficiary of each such policy sold or held and cur20 rent status of each such policy. 

21 (D) The city of origin, domicile, and ad22 dress for each policyholder listed. 

23 (E) If an insurer has no such policies to 

24 report because records are no longer in the pos25 session of the insurer or its affiliates, a state-
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1 ment explaining the reasons for the lack of pos2 session of such records. 

3 (F) Any other information regarding such 

4 policies as the State considers appropriate. 

5 (2) REQUIREMENTS REGARDING PAYMENT OF

6 POLICIES.—A State may require that an insurer cer7 tify that, with respect to any Holocaust era insur8 ance policies sold or at any time held by the in9 surer—

10 (A) the proceeds of the policy were paid; 

11 (B) the beneficiaries of the policy or heirs 

12 or such beneficiaries could not, after diligent 

13 search, be located, and the proceeds were dis14 tributed to Holocaust survivors or charities; 

15 (C) a court of law has certified a plan for 

16 the distribution of the proceeds; or 

17 (D) the proceeds have not been distributed. 

18 (b) HOLOCAUST ERA INSURANCE POLICIES.—For 

19 purposes of this section, the term ‘‘Holocaust era insur20 ance policy’’ means a policy for insurance coverage that—

21 (1) was in force at any time during the period 

22 beginning with 1920 and ending with 1945; and 

23 (2) has a policy beneficiary, policyholder, or in24 sured life that is a listed Holocaust victim. 
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1 SEC. 4. FEDERAL CAUSE OF ACTION FOR COVERED CLAIMS. 

2 (a) FEDERAL CAUSE OF ACTION.—

3 (1) IN GENERAL.—There shall exist a Federal 

4 cause of action for any covered claim. 

5 (2) STATUTE OF LIMITATIONS.—Any action 

6 brought under paragraph (1) shall be filed not later 

7 than 10 years after the date of the enactment of this 

8 Act. 

9 (b) SUBJECT MATTER JURISDICTION.—The district 

10 courts shall have original jurisdiction of any civil action 

11 on a covered claim (whether brought under subsection (a) 

12 or otherwise). 

13 (c) PERSONAL JURISDICTION.—Notwithstanding any 

14 provision of Rule 4 of the Federal Rules of Civil Procedure 

15 to the contrary, in a civil action on a covered claim (wheth16 er brought under subsection (a) or otherwise) commenced 

17 in a district where the defendant is not a resident—

18 (1) the court may exercise jurisdiction over 

19 such defendant on any basis not inconsistent with 

20 the Constitution of the United States; and

21 (2) service of process, summons, and subpoena 

22 may be made on such defendant in any manner not 

23 inconsistent with the Constitution of the United 

24 States. 

25 (d) DEFINITIONS.—For purposes of this section: 
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1 (1) COVERED CLAIM.—The term ‘‘covered 

2 claim’’ means a claim against a covered foreign in3 surance company that arises out of the insurance 

4 coverage involved in an original request. 

5 (2) ORIGINAL REQUEST.—The term ‘‘original 

6 request’’ means a request that—

7 (A) seeks payment of any claim on insur8 ance coverage that—

9 (i) was provided by a covered foreign 

10 insurance company; 

11 (ii) had as the policyholder, insured, 

12 or beneficiary a listed Holocaust victim; 

13 and 

14 (iii) was in effect during any portion 

15 of the 13-year period beginning with 1933 

16 and ending with 1945; and 

17 (B) was made by a listed Holocaust victim, 

18 or the heirs or beneficiaries of such victim, to 

19 the covered foreign insurance company or the 

20 International Commission on Holocaust Era In21 surance Claims. 

22 (3) COVERED FOREIGN INSURANCE COM23 PANY.—The term ‘‘covered foreign insurance com24 pany’’ means each of the following companies, and 

25 its affiliates and predecessor companies: 
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1 (A) Assicurazioni Generali S.p.A. 

2 (B) Union Des Assurances de Paris. 

3 (C) Victoria Lebenversicherungs AG. 

4 (D) Winterthur Lebensversicherungs Ge5 sellschaft. 

6 (E) Allianz Lebensversicherungs AG. 

7 (F) Wiener Allianz Versicherungs AG. 

8 (G) Riunione Adriatica di Sicurta. 

9 (H) Vereinte Lebensversicherungs AG. 

10 (I) Basler Lebens-Versicherungs Gesell11 schaft. 

12 (J) Deutscher Ring Lebensversicherungs 

13 AG. 

14 (K) Nordstern Lebensversicherungs AG. 

15 (L) Gerling Konzern Lebensversicherungs 

16 AG. 

17 (M) Manheimer Lebensversicherung AG. 

18 (N) Der Anker. 

19 (O) Allgemeine Versicherungs AG. 

20 (P) Zuerich Lebensversicherungs Gesell21 schaft. 

22 (Q) Any other foreign insurance company 

23 that the States or the Attorney General deter24 mines was in a position to have financial deal-
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1 ings with any individual who was a victim of 

2 the Holocaust. 

3 SEC. 5. LISTED HOLOCAUST VICTIMS. 

4 For purposes of this Act, the term ‘‘listed Holocaust 

5 victim’’ means the following individuals: 

6 (1) LIST OF SURVIVORS.—Any individual whose 

7 name is on the list of Jewish Holocaust Survivors 

8 maintained by the United States Holocaust Memo9 rial Museum in Washington, D.C. 

10 (2) LIST OF DECEASED.—Any individual whose 

11 name is on the list of individuals who died in the 

12 Holocaust maintained by the Yad Veshem of Jeru13 salem in its Hall of Names. 

14 (3) OTHER LISTS.—Any individual whose name 

15 is on—

16 (A) any list of Holocaust victims that is 

17 designated as appropriate for use under this 

18 Act by the chief executive officer of a State or 

19 a State insurance commissioner or other prin20 cipal insurance regulatory authority of a State; 

21 or 

22 (B) any similar list, such as a list of the 

23 International Red Cross, the League of Red 

24 Cross Societies, the Supreme Headquarters of 

25 the Allied Expeditionary Forces, or other regu-
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1 larly accessed source of information regarding 

2 Holocaust victims.

Æ