I 

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.

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 Victims In5 surance Fairness Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Holocaust occurred between 1933 and 

9 1945 and involved the systematic, bureaucratic, and 

10 State-sponsored persecution and murder of approxi-
2

•HR 3129 IH 

1 mately six million Jews by the Nazi regime and its 

2 collaborators. 

3 (2) Before and during this period of time, mil4 lions of European Jews purchased life insurance 

5 policies from certain European insurance companies 

6 as a form of savings and investment. 

7 (3) After World War II, insurance companies 

8 rejected many claims presented by Holocaust sur9 vivors or heirs of Holocaust victims because the 

10 claimants lacked the requisite documentation, such 

11 as death certificates, that had been confiscated by 

12 the Nazi regime. 

13 (4) Since the end of the war several years ago, 

14 only a small fraction of Holocaust victims and their 

15 families have been able to collect on their policies. 

16 (5) In 1998, the International Commission on 

17 Holocaust Era Insurance Claims (ICHEIC) was es18 tablished to address the issue of unpaid insurance 

19 policies and to expedite payouts to Holocaust vic20 tims. 

21 (6) To date, companies holding Holocaust-era 

22 insurance policies continue to withhold names on 

23 thousands of policies and more than 80 percent of 

24 claims applications filed with the ICHEIC remain 
3

•HR 3129 IH 

1 unresolved due to the inability of claimants to iden2 tify the company holding the policy. 

3 (7) States should be allowed to collect Holo4 caust-era insurance information from foreign-based 

5 insurance companies that want to do business in the 

6 State. 

7 SEC. 3. AUTHORIZATION FOR STATES TO REQUIRE DISCLO8 SURE OF HOLOCAUST-ERA INSURANCE IN9 FORMATION. 

10 (a) IN GENERAL.—Any State may implement a law 

11 that—

12 (1) requires insurance companies conducting 

13 business in the State to disclose (and to make pub14 licly available) details regarding some or all covered 

15 policies described in subsection (b)(1) that were 

16 issued by that company or by any related company; 

17 and 

18 (2) provides for appropriate penalties and sanc19 tions for noncompliance. 

20 (b) DEFINITIONS.—For purposes of this section: 

21 (1) COVERED POLICY.—A covered policy de22 scribed in this paragraph is a property, liability, 

23 health, annuity, dowry, educational, or casualty in24 surance policy that was issued to a policyholder 

25 domiciled in the area of the European Continent 
4

•HR 3129 IH 

1 that was occupied or controlled by Nazi Germany or 

2 by any ally or sympathizer of Nazi Germany and 

3 that was in effect at any time during the period be4 tween 1933 and 1945. 

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

6 company’’ includes, with respect to an insurance 

7 company, any parent, subsidiary, reinsurer, suc8 cessor in interest, managing general agent, or affil9 iate company, whether or not the company was re10 lated during the time when a covered policy was 

11 sold. 

12 (c) CONGRESSIONAL DISAPPROVAL.—Any Executive 

13 branch policy or agreement that preempts State efforts to 

14 collect Holocaust-era insurance information to resolve out15 standing claims is explicitly disapproved by the Congress.

Æ