text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Comprehensive Holocaust 
  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, bureaucratic, 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 insurance 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 saving 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 regime;
              (4) after the conclusion of World War II, European insurers 
          often rejected insurance claims of Holocaust victims and heirs 
          who lacked required documentation, 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 established by U.S. State 
          insurance regulators, European insurers, and certain 
          nongovernmental organizations 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 expedited to the 
          victims of the most heinous crime of the 20th century to ensure 
          that they do not become victims a second time;
              (9) States should be allowed to collect Holocaust-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 necessary 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 requirements on insurers as 
  a condition of doing insurance business in that State, to the extent 
  such requirements are consistent with the due process guarantees of the 
  Constitution 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 insurance 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 beneficiary of 
                  each such policy sold or held and current status of 
                  each such policy.
                      (D) The city of origin, domicile, and address for 
                  each policyholder listed.
                      (E) If an insurer has no such policies to report 
                  because records are no longer in the possession of the 
                  insurer or its affiliates, a statement explaining the 
                  reasons for the lack of possession 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 certify that, with respect to any 
          Holocaust era insurance policies sold or at any time held by 
          the insurer--
                      (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 distributed 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 insurance 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 insured 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 (whether 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:
              (1) Covered claim.--The term ``covered claim'' means a 
          claim against a covered foreign insurance company that arises 
          out of the insurance coverage involved in an original request.
              (2) Original request.--The term ``original request'' means 
          a request that--
                      (A) seeks payment of any claim on insurance 
                  coverage that--
                              (i) was provided by a covered foreign 
                          insurance company;
                              (ii) had as the policyholder, insured, or 
                          beneficiary a listed Holocaust victim; and
                              (iii) was in effect during any portion of 
                          the 13-year period beginning with 1933 and 
                          ending with 1945; and
                      (B) was made by a listed Holocaust victim, or the 
                  heirs or beneficiaries of such victim, to the covered 
                  foreign insurance company or the International 
                  Commission on Holocaust Era Insurance Claims.
              (3) Covered foreign insurance company.--The term ``covered 
          foreign insurance company'' means each of the following 
          companies, and its affiliates and predecessor companies:
                      (A) Assicurazioni Generali S.p.A.
                      (B) Union Des Assurances de Paris.
                      (C) Victoria Lebenversicherungs AG.
                      (D) Winterthur Lebensversicherungs Gesellschaft.
                      (E) Allianz Lebensversicherungs AG.
                      (F) Wiener Allianz Versicherungs AG.
                      (G) Riunione Adriatica di Sicurta.
                      (H) Vereinte Lebensversicherungs AG.
                      (I) Basler Lebens-Versicherungs Gesellschaft.
                      (J) Deutscher Ring Lebensversicherungs AG.
                      (K) Nordstern Lebensversicherungs AG.
                      (L) Gerling Konzern Lebensversicherungs AG.
                      (M) Manheimer Lebensversicherung AG.
                      (N) Der Anker.
                      (O) Allgemeine Versicherungs AG.
                      (P) Zuerich Lebensversicherungs Gesellschaft.
                      (Q) Any other foreign insurance company that the 
                  States or the Attorney General of the United States 
                  determines was in a position to have financial dealings 
                  with any individual who was a victim of the Holocaust.
  
  SEC. 5. LISTED HOLOCAUST VICTIMS.
  
      For purposes of this Act, the term ``listed Holocaust victim'' 
  means the following individuals:
              (1) List of survivors.--Any individual whose name is on the 
          list of Jewish Holocaust Survivors maintained by the United 
          States Holocaust Memorial Museum in Washington, D.C.
              (2) List of deceased.--Any individual whose name is on the 
          list of individuals who died in the Holocaust maintained by the 
          Yad Veshem of Jerusalem in its Hall of Names.
              (3) Other lists.--Any individual whose name is on--
                      (A) any list of Holocaust victims that is 
                  designated as appropriate for use under this Act by the 
                  chief executive officer of a State or a State insurance 
                  commissioner or other principal insurance regulatory 
                  authority of a State; or
                      (B) any similar list, such as a list of the 
                  International Red Cross, the League of Red Cross 
                  Societies, the Supreme Headquarters of the Allied 
                  Expeditionary Forces, or other regularly accessed 
                  source of information regarding Holocaust victims.
target: Comprehensive Holocaust Accountability in Insurance Measure - Authorizes the States to establish information requirements on insurers as a condition of doing insurance business in the host State.
  
  Permits a State to require that an insurer provide specified information regarding Holocaust era insurance policies, including policies sold or held.
  
  Permits a State to require that an insurer certify that: (1) proceeds of the policy were paid; (2) the beneficiaries of the policy or heirs could not, after diligent search, be located, and the proceeds were distributed to Holocaust survivors or charities; (3) a court of law has certified a plan for the distribution of the proceeds; or (4) the proceeds have not been distributed.
  
  Establishes a Federal cause of action for any covered claim brought under this Act against one of several specified foreign insurance companies that arises out of the insurance coverage involved in an original request for payment made by a listed Holocaust victim or the heirs of beneficiaries of such victim.
  
  Requires an action brought under this Act to be filed not later than ten years after its enactment.
  
  Lists covered foreign insurance companies.
feat_title: 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.