I 
109TH CONGRESS 
1ST SESSION 
H. R. 743 
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 
FEBRUARY 10, 2005 
Mr. FOLEY (for himself, Mr. ISRAEL, Mrs. MCCARTHY, Mr. NORWOOD, Mr. 
MCNULTY, Ms. ZOE LOFGREN of California, and Mr. MCHUGH) intro-
duced the following bill; which was referred to the Committee on Finan-
cial 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 Hol-
ocaust era insurance policies of the insurer and to estab-
lish a Federal cause of action for claims for payment 
of such insurance policies, 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 ‘‘Comprehensive Holo-
caust Accountability in Insurance Measure’’.
SEC. 2. CONGRESSIONAL FINDINGS. 
The Congress finds that— 
(1) between 1933 and 1945, the Nazi regime 
and its collaborators conducted systematic, bureau-
cratic, and State-sponsored persecution and murder 
of approximately six million Jews—the genocidal act 
known as the Holocaust; 
(2) before and during World War II, millions of 
European Jews had purchased, in good faith, life in-
surance policies with certain European insurance 
companies because these policies were a popular 
form of savings and investment that provided a 
means of safeguarding a family’s assets, assisting in 
retirement planning, providing for a dowry, or sav-
ing for the education of children; 
(3) after the Nazis came to power in Germany, 
they systematically confiscated the insurance assets, 
including the cash value of life insurance policies, of 
Jews and other designated enemies of the Nazi re-
gime; 
(4) after the conclusion of World War II, Euro-
pean insurers often rejected insurance claims of Hol-
ocaust victims and heirs who lacked required docu-
mentation, such as death certificates; 
(5) during the 50 years since the end of the 
war, only a small percentage of Holocaust victims
and their families have been successful in collecting 
on their policies; 
(6) in 1998, the International Commission on 
Holocaust Era Insurance Claims (ICHEIC) was es-
tablished by U.S. State insurance regulators, Euro-
pean insurers, and certain nongovernmental organi-
zations to act as a facilitator between insurers and 
beneficiaries to help expedite payouts on contested 
insurance policies; 
(7) to date ICHEIC has received over 90,000 
claims and has only made 2,281 settlement offers, 
which amounts to less than a 3% success rate; 
(8) these insurance payments should be expe-
dited to the victims of the most heinous crime of the 
20th century to ensure that they do not become vic-
tims a second time; 
(9) States should be allowed to collect Holo-
caust-era insurance information from foreign-based 
insurance companies that want to do business in the 
State; and 
(10) Holocaust victims and their families should 
be able to recover claims on Holocaust era insurance 
policies in Federal court when they deem it nec-
essary to seek redress through the judicial system.
SEC. 3. STATE AUTHORITY TO ESTABLISH REQUIREMENTS 
FOR CONDUCTING INSURANCE BUSINESS. 
(a) IN GENERAL.—A State may establish require-
ments on insurers as a condition of doing insurance busi-
ness in that State, to the extent such requirements are 
consistent with the due process guarantees of the Con-
stitution of the United States, as follows: 
(1) INFORMATION REQUIREMENTS.—The State 
may require that an insurer provide to the State the 
following information regarding Holocaust era insur-
ance policies: 
(A) Whether the insurer, or any affiliate or 
predecessor company, sold any such policies. 
(B) The number of such policies sold by 
the insurer, and any affiliates and predecessor 
companies, and the number the insurer and its 
affiliates currently have in their possession. 
(C) The identity of the holder and bene-
ficiary of each such policy sold or held and cur-
rent status of each such policy. 
(D) The city of origin, domicile, and ad-
dress for each policyholder listed. 
(E) If an insurer has no such policies to 
report because records are no longer in the pos-
session of the insurer or its affiliates, a state-
ment explaining the reasons for the lack of pos-
session of such records. 
(F) Any other information regarding such 
policies as the State considers appropriate. 
(2) REQUIREMENTS REGARDING PAYMENT OF 
POLICIES.—A State may require that an insurer cer-
tify that, with respect to any Holocaust era insur-
ance policies sold or at any time held by the in-
surer— 
(A) the proceeds of the policy were paid; 
(B) the beneficiaries of the policy or heirs 
or such beneficiaries could not, after diligent 
search, be located, and the proceeds were dis-
tributed to Holocaust survivors or charities; 
(C) a court of law has certified a plan for 
the distribution of the proceeds; or 
(D) the proceeds have not been distributed. 
(b) HOLOCAUST ERA INSURANCE POLICIES.—For 
purposes of this section, the term ‘‘Holocaust era insur-
ance policy’’ means a policy for insurance coverage that— 
(1) was in force at any time during the 26-year 
period beginning with 1920 and ending with 1945; 
and 
(2) has a policy beneficiary, policyholder, or in-
sured life that is a listed Holocaust victim.
SEC. 4. FEDERAL CAUSE OF ACTION FOR COVERED CLAIMS. 
(a) FEDERAL CAUSE OF ACTION.— 
(1) IN GENERAL.—There shall exist a Federal 
cause of action for any covered claim. 
(2) STATUTE
OF
LIMITATIONS.—Any action 
brought under paragraph (1) shall be filed not later 
than 10 years after the date of the enactment of this 
Act. 
(b) SUBJECT MATTER JURISDICTION.—The district 
courts shall have original jurisdiction of any civil action 
on a covered claim (whether brought under subsection (a) 
or otherwise). 
(c) PERSONAL JURISDICTION.—Notwithstanding any 
provision of Rule 4 of the Federal Rules of Civil Procedure 
to the contrary, in a civil action on a covered claim (wheth-
er brought under subsection (a) or otherwise) commenced 
in a district where the defendant is not a resident— 
(1) the court may exercise jurisdiction over 
such defendant on any basis not inconsistent with 
the Constitution of the United States; and 
(2) service of process, summons, and subpoena 
may be made on such defendant in any manner not 
inconsistent with the Constitution of the United 
States. 
(d) DEFINITIONS.—For purposes of this section: