,,ii #aafth ,,congress #ast ,session ,s4 #bfba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ag1 #bjai,mr4 ,rubio 7for himself1 ,ms4 ,rosen1 and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for the restoration of legal rights for claimants under holocaust-era insurance policies4 #a4 ,short title ,this ,act may be cited as the ,holocaust ,insurance ,accountability ,act of #bjai4 #b4 ,purposes ,the purposes of this ,act are to-- 7#a7 allow for the enforcement of ,state laws requiring the disclosure of information about ,holocaust-era insurance policies1 notwithstanding the holding of the ,supreme ,court of the ,united ,states in ,american ,insurance ,association v4 ,garamendi1 #eci ,u4,s4 #cif 7#bjjc7 that such laws are preempted by the foreign policy espoused by the executive branch of the ,federal ,government addressed in that case2 7#b7 facilitate the disclosure of information about ,holocaust-era insurance policies under applicable ,state laws so that citizens of the ,united ,states 7and other persons on whose behalf such laws were enacted7 may know whether they hold any rights under the policies2 7#c7 create a new ,federal private cause of action and subject matter jurisdiction to allow the beneficiaries of ,holocaust-era insurance policies1 many of whom are citizens of the ,united ,states1 to bring suits in the courts of the ,united ,states to recover any proceeds under the policies to which they may be entitled1 notwithstanding the defense that such suits are preempted by the executive branch foreign policy addressed in ,garamendi1 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 policies2 7#d7 foreclose defenses to claims brought under section #d of this ,act arising from any prior judgments or settlement agreements 7including the class action judgment and settlement agreement 7,m#ba-hi1 ,united ,states ,district ,court for the ,southern ,district of ,new ,york7 in ,in re3 ,assicurazioni ,general ,s4p4,a4 ,holocaust ,insurance ,litigation7 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 ,garamendi2 7#e7 provide for a uniform statute of limitations of #aj years after the date of enactment of this ,act in any action to recover under ,holocaust-era insurance policies under this ,act or ,state law2 and 7#f7 in carrying out the purposes described in paragraphs 7#a7 through 7#e71 preserve the lawmaking powers of ,congress under article ,i of the ,constitution of the ,united ,states1 with which the judicial decisions cited in this section are inconsistent4 #c4 ,definitions ,in this ,act3 7#a7 ,beneficiary ,the term beneficiary includes-- 7,a7 a named insured or named beneficiary under a covered policy2 and 7,b7 an heir1 assignee1 or legal representative of a named insured or named beneficiary described in subparagraph 7,a74 7#b7 ,covered policy ,the term covered policy means any life1 dowry1 education1 annuity1 property1 or other insurance policy that was-- 7,a7 in effect at any time during the period beginning on ,january #ca1 #aicc1 and ending on ,december #ca1 #aide2 and 7,b7 issued to a policyholder domiciled in-- 7i7 any area that was occupied or controlled by ,nazi ,germany2 or 7ii7 the territorial jurisdiction of ,switzerland4 7#c7 ,insurer ,the term insurer-- 7,a7 means any person engaged in the business of insurance 7including reinsurance7 in interstate or foreign commerce that issued a covered policy2 and 7,b7 includes any successor in interest to a person described in subparagraph 7,a74 7#d7 ,nazi germany ,the term ,nazi ,germany means-- 7,a7 the ,nazi government of ,germany2 and 7,b7 any government that-- 7i7 had friendly relations with the ,nazi government of ,germany2 7ii7 was allied with or controlled by the ,nazi government of ,germany2 or 7iii7 exercised or claimed sovereignty over any area occupied by the military forces of the ,nazi government of ,germany4 7#e7 ,related company ,the term related company means an affiliate1 as that term is defined in section #ajd7;g7 of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fgja7;g774 #d4 ,private right of action2 civil actions 7a7 ,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 policy4 ,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 filed1 or ,federal common law1 at the option of the beneficiary4 7b7 ,nationwide ,service of ,process ,for a civil action brought under subsection 7a7 in a district court of the ,united ,states1 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 found1 resides1 has an agent1 or transacts business4 7c7 ,remedies 7#a7 ,damages 7,a7 ,in general ,a court shall award to a prevailing beneficiary in a civil action brought under subsection 7a7-- 7i7 the amount of the proceeds due under the covered policy2 7ii7 prejudgment interest on the amount described in clause 7i7 from the date the amount was due until the date of judgment1 calculated at a rate of #f percent per year1 compounded annually2 and 7iii7 any other appropriate relief necessary to enforce rights under the covered policy4 7,b7 ,treble damages ,if a court finds that an insurer or related company of the insurer acted in bad faith1 the court shall award damages in an amount equal to #c times the amount otherwise to be awarded under subparagraph 7,a74 7#b7 ,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 7a74 7d7 ,limitation ,a civil action may not be brought under this section on or after the date that is #aj years after the date of enactment of this ,act4 #e4 ,effect of prior judgments and releases 7a7 ,in general 7#a7 ,effect ,subject to subsection 7b77#a71 a judgment or release described in paragraph 7#b7 shall not preclude1 foreclose1 bar1 release1 waive1 acquit1 discharge1 or otherwise impair any claim brought under section #d by any person4 7#b7 ,judgments and releases ,a judgment or release described in this paragraph is-- 7,a7 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 court2 or 7,b7 an agreement entered into before the date of enactment of this ,act under which any person 7on behalf of the person1 any other person1 or a class of persons7 agrees not to assert or agrees to waive or release any claim described in subparagraph 7,a71 regardless of whether the agreement is-- 7i7 denominated as a release1 discharge1 covenant not to sue1 or otherwise2 or 7ii7 approved by a court4 7b7 ,rules of construction 7#a7 ,in general ,except as provided in paragraph 7#b71 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 policy4 7#b7 ,exception ,paragraph 7#a7 shall not apply to any agreement for which the payment is denominated as humanitarian by the ,international ,commission on ,holocaust ,era ,insurance ,claims4 #f4 ,effect of executive agreements and executive foreign policy 7a7 ,effect of executive agreements and executive foreign policy on ,state laws ,an executive agreement described in subsection 7c77#a7 and an executive foreign policy described in subsection 7c77#b7 shall not supercede or preempt the law of any ,state-- 7#a7 relating to a claim under or relating to a covered policy against the insurer for the covered policy or a related company of the insurer2 or 7#b7 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 insurer4 7b7 ,effect of executive agreements and executive foreign policy on claims brought under this ,act ,an executive agreement described in subsection 7c77#a7 and an executive foreign policy described in subsection 7c77#b7 shall not compromise1 settle1 extinguish1 waive1 preclude1 bar1 or foreclose a claim brought under section #d4 7c7 ,executive agreements and executive foreign policy covered 7#a7 ,executive agreements ,an executive agreement described in this paragraph is an executive agreement between the ,united ,states and a foreign government entered into before1 on1 or after the date of enactment of this ,act4 7#b7 ,executive foreign policy ,an executive foreign policy described in this paragraph is a foreign policy of the executive branch of the ,federal ,government established before1 on1 or after the date of enactment of this ,act4 #g4 ,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 ,act4 #h4 ,timeliness of actions brought under ,state law ,a claim brought under any ,state law described in section #f7;a7 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 7including laches7 governing the timeliness of claims if the claim is filed not later than #aj years after the date of enactment of this ,act4 #i4 ,severability ,if any provision of this ,act or the application of such provision to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the application of such provision to any other person or circumstance shall not be affected thereby4 #aj4 ,effective date2 applicability ,this ,act shall-- 7#a7 take effect on the date of enactment of this ,act2 and 7#b7 apply to any claim relating to a covered policy that is brought before1 on1 or after the date of enactment of this ,act4