Holocaust Insurance Accountability Act of 2025
- Bill Number
- H.R. 3008
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- International Affairs
- Status
- Introduced
- Latest Action
- 2025-04-24: 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.
- Last Updated
- 2025-10-04T08:05:37Z
AI-Generated Summary
Purpose
The Holocaust Insurance Accountability Act of 2025 aims to restore legal rights for claimants seeking benefits from insurance policies issued during the Holocaust era (1933–1945). It seeks to override a 2003 Supreme Court ruling (American Insurance Association v. Garamendi) that blocked state laws requiring disclosure of such policies due to federal foreign policy preemption. The Act promotes transparency, enables recovery of policy proceeds, invalidates certain prior legal barriers, and establishes a 10-year window for claims, while affirming Congress's constitutional authority to legislate in this area.
Key Provisions
- Definitions:
- Beneficiary: Includes named insureds, beneficiaries, heirs, assignees, or legal representatives.
- Covered policy: Any life, dowry, education, annuity, property, or other insurance policy active between January 31, 1933, and December 31, 1945, issued to policyholders in areas occupied or controlled by Nazi Germany (including allied or friendly governments) or in Switzerland.
- Insurer: Any entity (including reinsurers or successors) that issued a covered policy and does business in interstate or foreign commerce; includes affiliates.
- Nazi Germany: Encompasses the Nazi government and any allied, controlled, or occupying regimes.
- Private Right of Action (Section 4): Creates a federal lawsuit option for beneficiaries to sue insurers or affiliates in U.S. district courts to recover policy proceeds or enforce rights. The deciding law can be the state law of the court or federal common law (chosen by the plaintiff). Allows nationwide service of legal documents. Remedies include full proceeds, 6% annual compounded prejudgment interest, other relief as needed, treble (triple) damages for bad faith, and attorney fees/costs for winners. Claims must be filed within 10 years of enactment.
- Effect of Prior Judgments and Releases (Section 5): Pre-existing court judgments or settlement agreements (before enactment) cannot block new claims under this Act, including class-action deals like the 1998 In re: Assicurazioni Generali S.p.A. case, if they relied on the Garamendi preemption ruling. Exceptions preserve valid individual agreements with the International Commission on Holocaust Era Insurance Claims (ICHEIC) for actual payments, but not those labeled as "humanitarian" aid.
- Override of Executive Actions (Section 6): Federal executive agreements with foreign governments or executive foreign policies (past, present, or future) cannot override state laws on claims or disclosures related to covered policies, nor block federal claims under this Act.
- State Law Protections (Sections 7–8): The Act does not override state laws unless they directly conflict. State claims are considered timely if filed within 10 years of enactment, regardless of usual time limits (statutes of limitations) or doctrines like laches (unreasonable delay).
- General Provisions (Sections 9–10): Includes a severability clause (invalid parts do not affect the whole) and applies to all claims (past, present, or future) effective upon enactment.
Significant Changes to Existing Law
- Reverses the Garamendi Supreme Court decision by explicitly allowing state disclosure laws and creating a federal pathway that ignores federal preemption based on executive foreign policy.
- Introduces a uniform 10-year statute of limitations (time limit for filing) for both federal and state claims, overriding shorter or expired limits.
- Nullifies the preclusive effect of prior settlements and judgments that assumed preemption, reopening avenues for claims previously dismissed.
- Shifts the "rule of decision" (what law governs the case) to state law or federal common law, rather than being limited by international agreements.
Potential Impacts
- On Citizens: Enables U.S. citizens and other beneficiaries (many Holocaust survivors or heirs) to more easily access information and recover unpaid insurance proceeds, potentially providing financial restitution for historical losses.
- On Government Agencies: Limits the executive branch's ability to use foreign policy to block such claims, shifting influence to Congress and courts; may require State Department involvement in related diplomacy.
- On International Relations: Could strain ties with countries like Germany, Switzerland, or others involved in past executive agreements (e.g., ICHEIC), as it challenges U.S. commitments to international Holocaust restitution frameworks and may prompt foreign insurers to face U.S. lawsuits.
- Broader Effects: Increases legal accountability for insurers, potentially leading to higher payouts and more litigation, while promoting transparency about Holocaust-era assets.
Main Stakeholders Affected
- Beneficiaries: Primarily U.S. citizens and heirs of Holocaust victims holding or entitled to covered policies, who gain new enforcement tools.
- Insurers and Affiliates: Companies (e.g., European insurers like Assicurazioni Generali) and their U.S. successors face potential lawsuits, disclosure mandates, and liability for old policies.
- U.S. Government: Executive branch (e.g., State Department) loses some foreign policy leverage; Congress asserts greater role in restitution matters.
- State Governments: Benefit from protected disclosure laws and extended claim windows, aiding local enforcement.
- International Bodies and Governments: Entities like ICHEIC or foreign states with historical ties to Nazi-era policies may see undermined agreements.
Notable Legal, Constitutional, or Political Implications
- Legal: Establishes a novel federal cause of action (right to sue) tailored to historical injustices, potentially setting precedent for overriding executive preemption in foreign affairs cases; emphasizes state law's role to avoid federal overreach.
- Constitutional: Reinforces Congress's Article I legislative powers (e.g., commerce clause for interstate insurance), countering judicial (Garamendi) and executive interpretations that limited state actions in international contexts.
- Political: Addresses long-standing calls for Holocaust justice, signaling U.S. commitment to survivor restitution amid aging claimant populations; may spark debate over balancing domestic rights with international diplomacy, without favoring any partisan view.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Vindman, Eugene Simon [D-VA-7]
Recent Actions
- 2025-04-24: 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.
- 2025-04-24: 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.
- 2025-04-24: Introduced in House
- 2025-04-24: Introduced in House
Bill Versions
- Holocaust Insurance Accountability Act of 2025 — issued 2025-04-24 — PDF (11 pages)