I

104TH CONGRESS

2D SESSION H. R. 3830

To prohibit insurers from canceling or refusing to renew fire insurance policies

covering houses of worship and related support structures, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 17, 1996

Mr. FILNER (for himself, Ms. MCKINNEY, Mrs. CLAYTON, Mr. CLYBURN, Mr.

CONYERS, Mr. DELLUMS, Mr. DIXON, Mr. FIELDS of Louisiana, Mr.

FLAKE, Mr. FORD, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas,

Mr. LEWIS of Georgia, Ms. NORTON, Mr. PAYNE of New Jersey, Mr.

RUSH, Mr. SCOTT, Mr. THOMPSON, Mr. TOWNS, Ms. WATERS, Mr.

WYNN, and Mr. BISHOP) introduced the following bill; which was referred

to the Committee on Commerce, 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 prohibit insurers from canceling or refusing to renew

fire insurance policies covering houses of worship and

related support structures, 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 ‘‘Church Insurance Pro5 tection Act’’.
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1 SEC. 2. SENSE OF CONGRESS.

2 It is the sense of the Congress that—

3 (1) the recent incidents of arson attacks against

4 churches should be condemned; and

5 (2) houses of worship and their congregations

6 should be held harmless for the recent acts of arson

7 and insurance companies should be prohibited from

8 taking punitive measures against the churches and

9 congregations because of the occurrence of such

10 acts.

11 SEC. 3. PROHIBITION OF CANCELING OR DECLINING TO

12 RENEW FIRE INSURANCE FOR RELIGIOUS

13 PROPERTIES.

14 An insurer may not cancel or decline to renew any

15 coverage for fire insurance for a religious property based

16 on—

17 (1) the race, color, religion, or national origin

18 of the members of the congregation for, members of,

19 or participants in, the religious organization or gath20 ering that uses the property (or the predominant

21 number of such members or participants);

22 (2) the status of the property as a religious

23 property;

24 (3) any previous occurrence of arson against

25 the property; or
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1 (4) any threat or perceived threat of arson

2 against the property.

3 SEC. 4. PROHIBITION OF DISCRIMINATION IN PREMIUM

4 CHARGES.

5 An insurer may not require, as a condition of cov6 erage for fire insurance for a religious property, that the

7 insured pay a premium or contribution which is greater

8 than the premium or contribution for similar coverage for

9 a similarly situated property, solely on the basis of—

10 (1) the race, color, religion, or national origin

11 of the members of the congregation for, members of,

12 or participants in, the religious organization or gath13 ering that uses the property (or the predominant

14 number of such members or participants);

15 (2) the status of the property as a religious

16 property;

17 (3) any previous occurrence of arson against

18 the property; or

19 (4) any threat or perceived threat of arson

20 against the property.

21 SEC. 5. ENFORCEMENT THROUGH DEPARTMENT OF JUS22 TICE.

23 (a) IN GENERAL.—The authority and responsibility

24 for investigating violations of this Act and for enforcing

25 this Act shall be in the Attorney General.
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1 (b) COMPLAINTS.—The Attorney General shall pro2 vide for persons aggrieved under this Act to file com3 plaints with the Attorney General alleging violations of

4 this Act and shall investigate such complaints to deter5 mine whether the violations have occurred.

6 (c) MONITORING COMPLIANCE.—The Attorney Gen7 eral may, on the Attorney General’s own initiative, take

8 such actions as the Attorney General considers appro9 priate to investigate and determine compliance with this

10 Act.

11 SEC. 6. CIVIL ACTION.

12 (a) CAUSE OF ACTION.—Whenever the Attorney Gen13 eral has reasonable cause to believe that a violation of this

14 Act has occurred and judicial action is necessary to carry

15 out the purposes of this Act, the Attorney General may

16 commence a civil action in any appropriate United States

17 district court.

18 (b) RELIEF.—In addition to other appropriate relief

19 which may be granted in a civil action, the court in a civil

20 action under subsection (a)—

21 (1) may award such preventive relief, including

22 a permanent or temporary injunction, restraining

23 order, or other order against the person responsible

24 for a violation of this Act as is necessary to ensure

25 the full enjoyment of rights granted by this Act (in-
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1 cluding an order of specific performance of any con2 tract for insurance coverage); and

3 (2) shall assess a civil penalty against the per4 son determined to violate this Act in an amount of—

5 (A) $50,000, for a first violation;

6 (B) $250,000, for a second violation; and

7 (C) $500,000, for a third or subsequent

8 violation.

9 SEC. 7. DEFINITIONS.

10 For purposes of this Act, the following definitions

11 shall apply:

12 (1) COVERAGE FOR FIRE INSURANCE.—The

13 term ‘‘coverage for fire insurance’’ means any prop14 erty and casualty insurance coverage that includes

15 insurance against losses, damages, expenses, and li16 abilities caused by fires. The term includes coverage

17 under a policy for only the line of insurance for

18 losses from fires and coverage for such fire losses

19 under a policy that includes the fire line of insurance

20 together with other lines.

21 (2) INSURER.—The term ‘‘insurer’’ means any

22 corporation, association, society, order, firm, com23 pany, mutual, partnership, individual, aggregation of

24 individuals, or other legal entity that is authorized

25 to transact the business of property or casualty in-
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1 surance in any State or that is engaged in a prop2 erty or casualty insurance business.

3 (3) RELIGIOUS PROPERTY.—The term ‘‘reli4 gious property’’ means any church, synagogue,

5 mosque, or other religious property, and includes

6 any buildings and support structures used primarily

7 for worship and related activities.