The Scene
With the Washington State Legislature adjourned for the year, the US Congress has reconvened after their summer recess. There are many big issues on their plate including appropriations bills, prescription drug legislation, reauthorization of welfare programs and Head Start. Our office continues to track many of these issues. Two policy issues that are gaining momentum - and have a direct impact on Washington State and the Federation's agenda are summarized in this update. The Jewish Federation of Greater Seattle will continue to track this issues, and send an alert to take action when the time is appropriate.

This email is not a call to action - but stay tuned!

Update: While advances in research regarding genetic information offer many health benefits, the Jewish community has particular concerns about the misuse of this information. Many communities have been shown to have a high propensity for a variety of cancer-linked genes in genetic studies (i.e. African Americans with Sickle Cell Anemia and Eastern European Jews with certain genes associated with breast cancer, ovarian cancer and Tay Sachs). There have been two national cases that involving the improper use of genetic information to discriminate against groups or individuals in employment (Berkley Labs and Burlington Northern Santa Fe Railroad).

Forty-six states have laws prohibiting the use of genetic information to discriminate in employment, insurance, and other arenas. Washington State is one of the four states without explicit protections. The others implemented their laws because Federal protections have not been implemented. The Jewish Federation of Greater Seattle has been working with a broad coalition of groups to implement state laws protecting individuals from discrimination based on genetic information..
"The Genetic Information Non-discrimination Act of 2003" (S.1053) would prohibit all insurance providers -- both in the individual and the group markets -- from raising premiums or restricting enrollment based on an individual's genetic information. It would also restrict employers from discriminating against employees based on their genetic information. The bill would give employee victims of discrimination the right to sue their employers for damages, but would provide weaker enforcement mechanisms for victims of insurance discrimination.
The "Genetic Information Non-discrimination Act of 2003" currently has broad, bi-partisan support and is expected to reach the Senate floor for a vote in the coming weeks. The President has signaled his willingness to sign the legislation. The Jewish Federation will continue to track developments, including implementing necessary state laws to protect people from any gaps that the Federal legislation does not cover.

Update: On June 23rd, 2003 the U.S. Supreme Court struck down (5-4) California’s Holocaust Victims Insurance Relief Act (HVIRA) effectively leaving in question Washington state’s own similar law passed unanimously in 1999. As you may recall, the Jewish Federation of Greater Seattle was very active in passing the legislation in Washington. Both laws required insurance companies to disclose information about all of their Holocaust-era polices in order to help Holocaust victims and their heirs file insurance claims. Companies that refused to comply with the law faced having their licenses revoked.
Our law established a Holocaust Survivor Assistance Office to assist Washington Holocaust survivors and their heirs recover proceeds from insurance policies. It requires European insurers that sold policies between 1920 and 1945, and that are affiliated with Washington insurance companies, to provide extensive information about those policies in an effort to help families pursue potential claims. The law also extended the statute of limitations to Dec. 10, 2010, for insurance policies issued to Holocaust victims or their heirs.
Washington State Insurance Commissioner Mike Kreidler has expressed his disappointment with the ruling, and pledged that his office would make every effort to continue to assist in the claims process.
The Supreme Court ruled that the statute improperly interfered with US foreign policy. However, in the majority opinion, Supreme Court Justice Souter left open a potential remedy - enacting Federal legislation that would force insurance companies to provide the same disclosures: "our business is not to judge the wisdom of the national Government's policy; dissatisfaction should be addressed to the President or, perhaps, Congress.''

Two bills have been introduced to address this ruling:

Holocaust Victims Insurance Relief Act of 2003 (HR 1210)

Representatives Henry Waxman (D-CA) and Eliot Engel (D-NY) introduced the Holocaust Victims Insurance Relief Act on March 11, 2003.
There is a hearing on this bill scheduled for next week.
It currently has 59 cosponsors, including Representatives Norm Dicks (D-WA) , Brian Baird (D-WA), and Jim McDermott (D-WA). The purpose of this act is to have the federal government garner information about Holocaust-era insurance policies to Holocaust victims and their heirs and beneficiaries to enable them to expeditiously file their claims under the policies.
The main feature of the bill is the establishment of a Holocaust Insurance Registry of information on holders, issuers, and related liable entities of Holocaust-era insurance policies that were: (1) in effect after January 30, 1933, and before December 31, 1945; and (2) issued to a policyholder domiciled in any area of Europe that was occupied or controlled by Nazi Germany or any ally or sympathizer during such period. The bill would require all insurance companies operating in the United States to publish basic policyholder information for all life, dowry, education and annuity policies for this electronic registry. The information would be publicly disseminated through the National Archives. Companies that fail to comply would face financial penalties. Nothing in the bill would preempt the right of any State to adopt or enforce any State law requiring an insurer to disclose information regarding insurance policies that may have been confiscated or stolen from victims of Nazi persecution.

Comprehensive Holocaust Accountability in Insurance Measure (H.R. 1905/S. 972)

Representatives Mark Foley (R-FL) and Steve Israel (D-NY) introduced the Comprehensive Holocaust Accountability in Insurance Measure on May 1, 2003. It now has 20 cosponsors, including Representative Brian Baird (D-WA). The companion bill was introduced in the Senate by Senator Norm Coleman (R-MN) as Senate Bill 972. The Senate bill currently has no cosponsors.
The purpose of this legislation is to enable states to help Holocaust survivors and their families collect Holocaust era insurance policies. The bill would authorize states to pass laws requiring insurance companies operating in their jurisdiction to disclose the status and policyholder information regarding insurance policies in effect between 1920 and 1945. The legislation then would allow individuals to sue in federal court for claims arising from these insurance policies for 10 years after the date of the enactment of the act.

In addition, a deadline for making Holocaust-era insurance claims is being extended until the end of the year because additional policyholder names recently were made public. Lawrence Eagleburger, the chairman of the International Commission on Holocaust Era Insurance Claims, said 120,000 names will be added within the next two months to a Web site that now has 450,000 names on a list of unpaid insurance policies from Nazi-era Germany. Almost all of the more than 500,000 unpaid insurance policies belonged to Jews in Nazi Germany. The new names come from portfolios in Eastern Europe, Italy and Switzerland.