H.R. 3008

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3008 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 3008

To provide for the restoration of legal rights for claimants under 
holocaust-era insurance policies.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 24, 2025

Mr. Kustoff (for himself and Ms. Wasserman Schultz) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
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 jurisdiction of the committee 
concerned

_______________________________________________________________________

A BILL

To provide for the restoration of legal rights for claimants under 
holocaust-era insurance policies.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Holocaust Insurance Accountability 
Act of 2025''.

SEC. 2. PURPOSES.

The purposes of this Act are to--
(1) allow for the enforcement of State laws requiring the 
disclosure of information about Holocaust-era insurance 
policies, notwithstanding the holding of the Supreme Court of 
the United States in American Insurance Association v. 
Garamendi, 539 U.S. 396 (2003) that such laws are preempted by 
the foreign policy espoused by the executive branch of the 
Federal Government addressed in that case;
(2) facilitate the disclosure of information about 
Holocaust-era insurance policies under applicable State laws so 
that citizens of the United States (and other persons on whose 
behalf such laws were enacted) may know whether they hold any 
rights under the policies;
(3) create a new Federal private cause of action and 
subject matter jurisdiction to allow the beneficiaries of 
Holocaust-era insurance policies, many of whom are citizens of 
the United States, to bring suits in the courts of the United 
States to recover any proceeds under the policies to which they 
may be entitled, notwithstanding the defense that such suits 
are preempted by the executive branch foreign policy addressed 
in Garamendi, with the State law of the forum or Federal common 
law providing the rule of decision governing the right of a 
beneficiary to recover under such policies;
(4) foreclose defenses to claims brought under section 4 of 
this Act arising from any prior judgments or settlement 
agreements (including the class action judgment and settlement 
agreement (M21-89, United States District Court for the 
Southern District of New York) in In re: Assicurazioni General 
S.p.A. Holocaust Insurance Litigation) that were entered and 
approved based on the erroneous conclusion that State law 
claims to recover under Holocaust-era insurance claims are 
preempted by the executive branch foreign policy addressed in 
Garamendi;
(5) provide for a uniform statute of limitations of 10 
years after the date of enactment of this Act in any action to 
recover under Holocaust-era insurance policies under this Act 
or State law; and
(6) in carrying out the purposes described in paragraphs 
(1) through (5), preserve the lawmaking powers of Congress 
under article I of the Constitution of the United States, with 
which the judicial decisions cited in this section are 
inconsistent.

SEC. 3. DEFINITIONS.

In this Act:
(1) Beneficiary.--The term ``beneficiary'' includes--
(A) a named insured or named beneficiary under a 
covered policy; and
(B) an heir, assignee, or legal representative of a 
named insured or named beneficiary described in 
subparagraph (A).
(2) Covered policy.--The term ``covered policy'' means any 
life, dowry, education, annuity, property, or other insurance 
policy that was--
(A) in effect at any time during the period 
beginning on January 31, 1933, and ending on December 
31, 1945; and
(B) issued to a policyholder domiciled in--
(i) any area that was occupied or 
controlled by Nazi Germany; or
(ii) the territorial jurisdiction of 
Switzerland.
(3) Insurer.--The term ``insurer''--
(A) means any person engaged in the business of 
insurance (including reinsurance) in interstate or 
foreign commerce that issued a covered policy; and
(B) includes any successor in interest to a person 
described in subparagraph (A).
(4) Nazi germany.--The term ``Nazi Germany'' means--
(A) the Nazi Government of Germany; and
(B) any government that--
(i) had friendly relations with the Nazi 
Government of Germany;
(ii) was allied with or controlled by the 
Nazi Government of Germany; or
(iii) exercised or claimed sovereignty over 
any area occupied by the military forces of the 
Nazi Government of Germany.
(5) Related company.--The term ``related company'' means an 
affiliate, as that term is defined in section 104(g) of the 
Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)).

SEC. 4. PRIVATE RIGHT OF ACTION; CIVIL ACTIONS.

(a) Civil Actions To Recover Under Covered Policies.--This Act 
creates a new Federal private cause of action and Federal subject 
matter jurisdiction for a beneficiary of a covered policy to bring a 
civil action against the insurer for the covered policy or a related 
company of the insurer to recover proceeds due under the covered policy 
or otherwise to enforce any rights under the covered policy. The rule 
of decision governing the right of a beneficiary to recover under a 
covered policy shall be the law of the forum State in which the civil 
action is filed, or Federal common law, at the option of the 
beneficiary.
(b) Nationwide Service of Process.--For a civil action brought 
under subsection (a) in a district court of the United States, process 
may be served in the judicial district where the case is brought or any 
other judicial district of the United States where the defendant may be 
found, resides, has an agent, or transacts business.
(c) Remedies.--
(1) Damages.--
(A) In general.--A court shall award to a 
prevailing beneficiary in a civil action brought under 
subsection (a)--
(i) the amount of the proceeds due under 
the covered policy;
(ii) prejudgment interest on the amount 
described in clause (i) from the date the 
amount was due until the date of judgment, 
calculated at a rate of 6 percent per year, 
compounded annually; and
(iii) any other appropriate relief 
necessary to enforce rights under the covered 
policy.
(B) Treble damages.--If a court finds that an 
insurer or related company of the insurer acted in bad 
faith, the court shall award damages in an amount equal 
to 3 times the amount otherwise to be awarded under 
subparagraph (A).
(2) Attorney's fees and costs.--A court shall award 
reasonable attorney's fees and costs to a prevailing 
beneficiary in a civil action brought under subsection (a).
(d) Limitation.--A civil action may not be brought under this 
section on or after the date that is 10 years after the date of 
enactment of this Act.

SEC. 5. EFFECT OF PRIOR JUDGMENTS AND RELEASES.

(a) In General.--
(1) Effect.--Subject to subsection (b)(1), a judgment or 
release described in paragraph (2) shall not preclude, 
foreclose, bar, release, waive, acquit, discharge, or otherwise 
impair any claim brought under section 4 by any person.
(2) Judgments and releases.--A judgment or release 
described in this paragraph is--
(A) a judgment entered before the date of enactment 
of this Act for any claim arising under a covered 
policy in any civil action in a Federal or State court; 
or
(B) an agreement entered into before the date of 
enactment of this Act under which any person (on behalf 
of the person, any other person, or a class of persons) 
agrees not to assert or agrees to waive or release any 
claim described in subparagraph (A), regardless of 
whether the agreement is--
(i) denominated as a release, discharge, 
covenant not to sue, or otherwise; or
(ii) approved by a court.
(b) Rules of Construction.--
(1) In general.--Except as provided in paragraph (2), 
nothing in this section shall affect the validity or 
enforceability of any agreement entered into between any 
claimant under a covered policy and the International 
Commission on Holocaust Era Insurance Claims or an insurer 
under which the claimant has agreed to release or waive any 
claim in consideration for payment under a covered policy.
(2) Exception.--Paragraph (1) shall not apply to any 
agreement for which the payment is denominated as humanitarian 
by the International Commission on Holocaust Era Insurance 
Claims.

SEC. 6. EFFECT OF EXECUTIVE AGREEMENTS AND EXECUTIVE FOREIGN POLICY.

(a) Effect of Executive Agreements and Executive Foreign Policy on 
State Laws.--An executive agreement described in subsection (c)(1) and 
an executive foreign policy described in subsection (c)(2) shall not 
supercede or preempt the law of any State--
(1) relating to a claim under or relating to a covered 
policy against the insurer for the covered policy or a related 
company of the insurer; or
(2) that requires an insurer doing business in the State or 
any related company of the insurer to disclose information 
regarding a covered policy issued by the insurer.
(b) Effect of Executive Agreements and Executive Foreign Policy on 
Claims Brought Under This Act.--An executive agreement described in 
subsection (c)(1) and an executive foreign policy described in 
subsection (c)(2) shall not compromise, settle, extinguish, waive, 
preclude, bar, or foreclose a claim brought under section 4.
(c) Executive Agreements and Executive Foreign Policy Covered.--
(1) Executive agreements.--An executive agreement described 
in this paragraph is an executive agreement between the United 
States and a foreign government entered into before, on, or 
after the date of enactment of this Act.
(2) Executive foreign policy.--An executive foreign policy 
described in this paragraph is a foreign policy of the 
executive branch of the Federal Government established before, 
on, or after the date of enactment of this Act.

SEC. 7. EFFECT ON STATE LAWS.

Nothing in this Act shall supersede or preempt any State law except 
to the extent the law of the State conflicts with this Act.

SEC. 8. TIMELINESS OF ACTIONS BROUGHT UNDER STATE LAW.

A claim brought under any State law described in section 6(a) shall 
not be deemed untimely on the basis of any State or Federal statute of 
limitations or on the basis of any other legal or equitable rule or 
doctrine (including laches) governing the timeliness of claims if the 
claim is filed not later than 10 years after the date of enactment of 
this Act.

SEC. 9. SEVERABILITY.

If any provision of this Act or the application of such provision 
to any person or circumstance is held to be unconstitutional, the 
remainder of this Act and the application of such provision to any 
other person or circumstance shall not be affected thereby.

SEC. 10. EFFECTIVE DATE; APPLICABILITY.

This Act shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any claim relating to a covered policy that is 
brought before, on, or after the date of enactment of this Act.
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