I
106TH CONGRESS
2D SESSION
H. R. 5607
To prohibit an insurer from treating a veteran differently in the terms
or conditions of motor vehicle insurance because a motor vehicle operated
by the veteran, during a period of military service by the veteran, was
insured or owned by the United States.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 31, 2000
Mr. ANDREWS introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To prohibit an insurer from treating a veteran differently
in the terms or conditions of motor vehicle insurance
because a motor vehicle operated by the veteran, during
a period of military service by the veteran, was insured
or owned by the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FAIR TREATMENT OF VETERANS IN THE TERMS
AND CONDITIONS OF MOTOR VEHICLE IN-
SURANCE.
(a) PROHIBITION.—An insurer shall not deny a vet-
eran a policy of motor vehicle insurance, or issue a policy
of motor vehicle insurance that treats a veteran differently
in its terms or conditions, because a motor vehicle oper-
ated by the veteran, during a period of active military,
naval, or air service by the veteran, was insured or owned
by the United States.
(b) CIVIL ACTION.—
(1) IN GENERAL.—Subject to paragraph (2), a
veteran or a dependent of a veteran may bring a
civil action for a violation of subsection (a) com-
mitted with respect to the veteran, in an appropriate
court of the United States or a State for damages
described in paragraph (5), costs of the action, and
reasonable attorney’s fees.
(2) LIMITATION.—A veteran or a dependent
may commence a civil action under this subsection
only if—
(A) the veteran or dependent files a com-
plaint alleging a violation of subsection (a) with
the Secretary of Veterans Affairs; and
(B) the Secretary—
(i) finds in accordance with paragraph
(3) that reasonable evidence of such viola-
tion exists; or
(ii) fails to make a finding in accord-
ance with paragraph (3).
(3) FINDING BY SECRETARY.—Not later than
90 days after receiving a complaint filed under para-
graph (2)(A), the Secretary shall find whether or not
reasonable evidence exists of a violation of sub-
section (a).
(4) STATUTE
OF
LIMITATIONS.—A complaint
may only be filed under paragraph (2) not later than
180 days after the veteran or dependent receives no-
tice of the denial or issuance that allegedly violates
subsection (a).
(5) DAMAGES.—Damages referred to in para-
graph (1) are the sum of the following:
(A) 3 times the amount of any economic
loss suffered by the veteran or dependent, re-
spectively, as a result of the violation of sub-
section (a).
(B) Such damages as are appropriate due
to emotional distress suffered by the veteran or
dependent, respectively, as a result of the viola-
tion of subsection (a).
(c) DEFINITIONS.—For purposes of this section:
(1) 
DEPENDENT.—The 
term 
‘‘dependent’’
means a spouse, parent, or child.
(2) INSURER.—The term ‘‘insurer’’ means any
person engaged in interstate commerce in the busi-
ness of issuing policies of insurance.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Veterans Affairs.
(4) VETERAN.—The term ‘‘veteran’’ has the
meaning given that term in section 101(2) of title
38, United States Code.
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