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 jurisdic-
tion 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Church Insurance Pro-
tection Act’’.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that—
(1) the recent incidents of arson attacks against
churches should be condemned; and
(2) houses of worship and their congregations
should be held harmless for the recent acts of arson
and insurance companies should be prohibited from
taking punitive measures against the churches and
congregations because of the occurrence of such
acts.
SEC. 3. PROHIBITION OF CANCELING OR DECLINING TO
RENEW FIRE INSURANCE FOR RELIGIOUS
PROPERTIES.
An insurer may not cancel or decline to renew any
coverage for fire insurance for a religious property based
on—
(1) the race, color, religion, or national origin
of the members of the congregation for, members of,
or participants in, the religious organization or gath-
ering that uses the property (or the predominant
number of such members or participants);
(2) the status of the property as a religious
property;
(3) any previous occurrence of arson against
the property; or
(4) any threat or perceived threat of arson
against the property.
SEC. 4. PROHIBITION OF DISCRIMINATION IN PREMIUM
CHARGES.
An insurer may not require, as a condition of cov-
erage for fire insurance for a religious property, that the
insured pay a premium or contribution which is greater
than the premium or contribution for similar coverage for
a similarly situated property, solely on the basis of—
(1) the race, color, religion, or national origin
of the members of the congregation for, members of,
or participants in, the religious organization or gath-
ering that uses the property (or the predominant
number of such members or participants);
(2) the status of the property as a religious
property;
(3) any previous occurrence of arson against
the property; or
(4) any threat or perceived threat of arson
against the property.
SEC. 5. ENFORCEMENT THROUGH DEPARTMENT OF JUS-
TICE.
(a) IN GENERAL.—The authority and responsibility
for investigating violations of this Act and for enforcing
this Act shall be in the Attorney General.
(b) COMPLAINTS.—The Attorney General shall pro-
vide for persons aggrieved under this Act to file com-
plaints with the Attorney General alleging violations of
this Act and shall investigate such complaints to deter-
mine whether the violations have occurred.
(c) MONITORING COMPLIANCE.—The Attorney Gen-
eral may, on the Attorney General’s own initiative, take
such actions as the Attorney General considers appro-
priate to investigate and determine compliance with this
Act.
SEC. 6. CIVIL ACTION.
(a) CAUSE OF ACTION.—Whenever the Attorney Gen-
eral has reasonable cause to believe that a violation of this
Act has occurred and judicial action is necessary to carry
out the purposes of this Act, the Attorney General may
commence a civil action in any appropriate United States
district court.
(b) RELIEF.—In addition to other appropriate relief
which may be granted in a civil action, the court in a civil
action under subsection (a)—
(1) may award such preventive relief, including
a permanent or temporary injunction, restraining
order, or other order against the person responsible
for a violation of this Act as is necessary to ensure
the full enjoyment of rights granted by this Act (in-
cluding an order of specific performance of any con-
tract for insurance coverage); and
(2) shall assess a civil penalty against the per-
son determined to violate this Act in an amount of—
(A) $50,000, for a first violation;
(B) $250,000, for a second violation; and
(C) $500,000, for a third or subsequent
violation.
SEC. 7. DEFINITIONS.
For purposes of this Act, the following definitions
shall apply:
(1) COVERAGE
FOR
FIRE
INSURANCE.—The
term ‘‘coverage for fire insurance’’ means any prop-
erty and casualty insurance coverage that includes
insurance against losses, damages, expenses, and li-
abilities caused by fires. The term includes coverage
under a policy for only the line of insurance for
losses from fires and coverage for such fire losses
under a policy that includes the fire line of insurance
together with other lines.
(2) INSURER.—The term ‘‘insurer’’ means any
corporation, association, society, order, firm, com-
pany, mutual, partnership, individual, aggregation of
individuals, or other legal entity that is authorized
to transact the business of property or casualty in-
surance in any State or that is engaged in a prop-
erty or casualty insurance business.
(3) RELIGIOUS
PROPERTY.—The term ‘‘reli-
gious property’’ means any church, synagogue,
mosque, or other religious property, and includes
any buildings and support structures used primarily
for worship and related activities.