Holocaust Insurance Accountability Act of 2008

Bill: 110-hr-1746
Sponsor: Rep. Ros-Lehtinen, Ileana [R-FL-18]
Introduced: 2007-03-28 in the House
Policy area: Finance and Financial Sector
Subjects: Archives
Business records
Civil actions and liability
Claims
Commerce
Congressional reporting requirements
Data banks
Directories
Electronic government information
Europe
Federal-state relations
Fines (Penalties)
Government Operations and Politics
Government paperwork
Government publicity
History
Insurance
Insurance companies
International Affairs
Jewish holocaust (1939-1945)
Law
Legal fees
Parties to actions
Public records
Punitive damages
Science, Technology, Communications
Treaties

Summary:
action_date: 2007-03-28
text: 
Holocaust Insurance Accountability Act of 2007 - Amends federal law governing the National Archives and Records Administration to direct the Archivist of the United States to: (1) establish a collection of records known as the Holocaust Insurance Registry, consisting of specified information provided under the Holocaust Victims Insurance Relief Act of 2007; and (2) make it accessible to the public.
 
Requires the Secretary of State to seek agreements with European countries to make information on covered policies available to the Registry.
 
Requires: (1) insurers to file certain disclosures of Holocaust-Era policies with the Secretary of Commerce; and (2) the Secretary to provide them to the Archivist.
 
Subjects insurer noncompliance to a civil penalty.
 
Requires the Secretary to notify each state's commissioner of insurance of the identity of each noncompliant insurer.
 
States that this Act does not preempt state holocaust insurance statutes.
 
Establishes a federal cause of action for treble damages for any claim against insurer or related company arising out of or related to an insurance policy: (1) in effect at any time between January 30, 1933, and December 31, 1945; and (2) issued to a policyholder domiciled in any area that was occupied or controlled by Nazi Germany or by any ally or sympathizer of Nazi Germany.

action_date: 2008-08-01
text: 
Holocaust Insurance Accountability Act of 2008 - (Sec. 3) Requires insurers of Holocaust-era policies to: (1) respond within 90 days to written inquiries from eligible persons regarding such polices; (2) provide to such persons all information in the possession of such insurer regarding whether such person is a potential beneficiary; and (3) notify the Holocaust Claims Processing Office (HCPO) immediately in writing of the inquiry, with a copy of all acknowledgments and information provided to such eligible person.
 
Terminates such requirement 10 years after enactment of this Act.
 
Instructs the Secretary of State to: (1) seek to enter into an agreement with each European country with which no appropriate agreement exists to facilitate such response requirements; and (2) report annually to Congress on implementation of this Act.
 
(Sec. 4) Authorizes the Secretary of the Treasury (Secretary) to enter into an agreement with the HCPO to: (1) monitor compliance with requirements of this Act; (2) notify the Secretary of the identity of any insurer not complying with this Act within 30 days after the failure to comply; and (3) notify the certain congressional committees annually, including the Secretary and the Secretary of State, of the identity of each non-compliant insurer.
 
Provides for the transfer of specified funds to the HCPO to implement its monitoring functions.

(Sec. 5) Instructs the Secretary to assess a civil penalty of not less than $5,000 for each day that an insurer fails to comply with the requirements of this Act.
 
Authorizes the Secretary to seek to attach a lien on any payment from a U.S. domiciliary subsidiary of any insurer based outside the United States from which the Secretary is unable to collect a penalty.
 
(Sec. 6) Sets forth a federal cause of action for any claim against an insurer arising out of or related to a covered policy.
 
(Sec. 7) Expresses the sense of Congress that claimants have the right to opt out of new or ongoing class action proceedings relating to claims based on Holocaust-era insurance policies.
 
(Sec. 8) Directs the Secretary to instruct the U.S. Executive Director at the European Bank for Reconstruction and Development to use the voice and vote of the United States to create and advocate the policies of the Bank to encourage Eastern European countries to engage in and pursue restitution programs in compliance with this Act.


Legislative actions:
action_date: 2008-10-03
text: House Committee on Judiciary Granted an extension for further consideration ending not later than Jan. 3, 2009.
action_date: 2008-10-03
text: House Committee on Oversight and Government Granted an extension for further consideration ending not later than Jan. 3, 2009.
action_date: 2008-10-03
text: House Committee on Foreign Affairs Granted an extension for further consideration ending not later than Jan. 3, 2009.
action_date: 2008-10-02
text: House Committee on Judiciary Granted an extension for further consideration ending not later than Oct. 3, 2008.
action_date: 2008-10-02
text: House Committee on Oversight and Government Granted an extension for further consideration ending not later than Oct. 3, 2008.
action_date: 2008-10-02
text: House Committee on Foreign Affairs Granted an extension for further consideration ending not later than Oct. 3, 2008.
action_date: 2008-09-29
text: House Committee on Judiciary Granted an extension for further consideration ending not later than Oct. 2, 2008.
action_date: 2008-09-29
text: House Committee on Oversight and Government Granted an extension for further consideration ending not later than Oct. 2, 2008.
action_date: 2008-09-29
text: House Committee on Foreign Affairs Granted an extension for further consideration ending not later than Oct. 2, 2008.
action_date: 2008-09-28
text: House Committee on Judiciary Granted an extension for further consideration ending not later than Sept. 29, 2008.
action_date: 2008-09-28
text: House Committee on Oversight and Government Granted an extension for further consideration ending not later than Sept. 29, 2008.
action_date: 2008-09-28
text: House Committee on Foreign Affairs Granted an extension for further consideration ending not later than Sept. 29, 2008.
action_date: 2008-09-26
text: House Committee on Judiciary Granted an extension for further consideration ending not later than Sept. 28, 2008.
action_date: 2008-09-26
text: House Committee on Oversight and Government Granted an extension for further consideration ending not later than Sept. 28, 2008.
action_date: 2008-09-26
text: House Committee on Foreign Affairs Granted an extension for further consideration ending not later than Sept. 28, 2008.
action_date: 2008-08-01
text: Referred sequentially to the House Committee on the Judiciary for a period ending not later than Sept. 26, 2008 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(k), rule X.
action_date: 2008-08-01
text: House Committee on Oversight and Government Granted an extension for further consideration ending not later than Sept. 26, 2008.
action_date: 2008-08-01
text: House Committee on Foreign Affairs Granted an extension for further consideration ending not later than Sept. 26, 2008.
action_date: 2008-08-01
text: Reported (Amended) by the Committee on Financial Services. H. Rept. 110-820, Part I.
action_date: 2008-08-01
text: Reported (Amended) by the Committee on Financial Services. H. Rept. 110-820, Part I.
action_date: 2008-06-25
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2008-06-25
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-02-07
text: Committee Hearings Held.
action_date: 2007-10-23
text: Ordered to be Reported in the Nature of a Substitute by Unanimous Consent.
action_date: 2007-10-23
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-03-28
text: Referred to the Committee on Financial Services, and in addition to the Committees on Foreign Affairs, and Oversight and Government Reform, 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.
action_date: 2007-03-28
text: Referred to the Committee on Financial Services, and in addition to the Committees on Foreign Affairs, and Oversight and Government Reform, 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.
action_date: 2007-03-28
text: Referred to the Committee on Financial Services, and in addition to the Committees on Foreign Affairs, and Oversight and Government Reform, 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.
action_date: 2007-03-28
text: Referred to the Committee on Financial Services, and in addition to the Committees on Foreign Affairs, and Oversight and Government Reform, 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.
action_date: 2007-03-28
text: Introduced in House
action_date: 2007-03-28
text: Introduced in House