I 
113TH CONGRESS 
1ST SESSION H. R. 2156 
To encourage uniformity and reciprocity among States that license insurance 
claims adjusters and to facilitate prompt and efficient adjusting of insur-
ance claims in the case of natural and other disasters and losses, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2013 
Mr. FINCHER (for himself, Mrs. BLACKBURN, and Mr. TIBERI) introduced the 
following bill; which was referred to the Committee on Financial Services 
A BILL 
To encourage uniformity and reciprocity among States that 
license insurance claims adjusters and to facilitate 
prompt and efficient adjusting of insurance claims in 
the case of natural and other disasters and losses, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Claims Licensing Ad-
vancement for Interstate Matters Act’’ or the ‘‘CLAIM 
Act’’. 
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SEC. 2. MODEL LICENSING ACT. 
To promote the policy of robust consumer protection 
for and more efficient interstate adjusting of property, 
casualty, disability, or workers’ compensation claims, the 
Congress hereby urges the National Association of Insur-
ance Commissioners to adopt a model independent claims 
adjuster licensing Act that— 
(1) contains basic standards for the integrity, 
personal qualifications, education, training, and ex-
perience required of independent claims adjusters, 
including continuing education requirements and 
ethics course requirements; and 
(2) does not impose any limitation or condition 
upon any independent claims adjuster to be licensed 
or otherwise authorized to do business in a State be-
cause of his or her status as a non-resident of that 
State. 
SEC. 3. MULTI-STATE EXAMINATION. 
(a) ESTABLISHMENT.—The Congress hereby urges 
the NAIC to adopt and administer a multi-State examina-
tion for an independent claims adjuster seeking to adjust 
claims in a jurisdiction other than his or her home State. 
(b) EXAMINEE ELIGIBILITY.—The NAIC may re-
quire that, as a condition for taking a multi-State exam-
ination administered pursuant to this section, the exam-
inee shall— 
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(1) be duly licensed as an independent claims 
adjuster by his or her home State; 
(2) meet such integrity, degree, training, and 
experience requirements as the NAIC considers nec-
essary; and 
(3) meet any continuing education requirements 
as established by his or her home State. 
(c) CROSS-JURISDICTION COMPETENCY.—Any multi- 
State examination administered pursuant to this section 
shall require adjusters to demonstrate essential com-
petence with cross-jurisdictional legal and regulatory con-
cepts, and shall include such ethics and other testing as 
the NAIC deems necessary. 
SEC. 4. STATE AUTHORITIES. 
Nothing in this Act shall be construed to— 
(1) require a State that does not have licensing 
requirements for independent claims adjusters to 
adopt any such requirements; 
(2) subject to section 6, limit the right of a 
State to establish licensing fees or enforce its laws 
regarding the adjusting of insurance claims, pro-
vided that such fee is uniform regardless of the 
State of residence of the licensee; or 
(3) affect the jurisdiction and authority of a 
State insurance regulator to prescribe and enforce 
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its insurance laws, rules, and regulations regulating 
independent claims adjuster activity in its jurisdic-
tion. 
SEC. 5. INTERSTATE CLAIMS ADJUSTING LICENSING RE-
FORMS. 
(a) IN GENERAL.—A State is in compliance with the 
requirements of this subsection, and section 6 shall not 
apply with respect to such State, if before the expiration 
of the 4-year period beginning on the date of the enact-
ment of this Act the State has enacted and has in effect— 
(1) in the case only of a State that requires and 
issues licenses for independent claims adjusters, laws 
and regulations governing individuals and entities 
authorized to operate as independent claims adjust-
ers within the State that are functionally equivalent 
in meaning and effect to those under any model act 
developed pursuant to section 2; and 
(2) laws and regulations governing non-home 
State individuals and entities operating as inde-
pendent claims adjusters within that State that pro-
vide for the reciprocity required under subsection (c) 
with other States. 
(b) UNIFORMITY REQUIREMENTS.—A State that li-
censes independent claims adjusters shall be deemed to 
have established the uniformity referred to in subsection 
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(a)(1) if it has enacted and adheres to criteria for the li-
censing and authorization of adjusters that are function-
ally equivalent in meaning and effect to those set forth 
in a model act established pursuant to section 2. 
(c) RECIPROCITY REQUIREMENTS.—The laws and 
regulations of a certain State shall be considered to pro-
vide for the reciprocity required under this subsection only 
if such laws and regulations— 
(1) do not require licensure of independent 
claims adjusters; or 
(2) permit any independent claims adjuster who 
has a license in another State that is the adjuster’s 
home State to obtain authorization to engage in the 
business of adjusting in such certain State as a non- 
resident to the same extent that such adjuster is 
permitted to practice in the adjuster’s home State, 
without satisfying any additional requirements other 
than, if required under applicable law, to submit— 
(A) proof of being licensed in good stand-
ing in the adjuster’s home State; Provided, 
That such home State has enacted laws and 
regulations governing individuals and entities 
authorized to operate as independent claims ad-
justers within such home State that are func-
tionally equivalent in meaning and effect to 
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those under any model act developed pursuant 
to section 2; and 
(B) payment of any requisite fee to the ap-
propriate authority of the certain State; Pro-
vided, That the amount of such fee does not ex-
ceed any fee required to be paid by an adjuster 
whose home State is such certain State. 
(d) NAIC DETERMINATION.— 
(1) DETERMINATION.—A State shall be consid-
ered to be in compliance with subsection (a) for pur-
poses of this Act if the NAIC determines that, be-
fore the expiration of the 4-year period beginning on 
the date of enactment of this Act, the State is in 
compliance with the requirements under such sub-
section. 
(2) CONTINUED REVIEW.—With respect to any 
State that the NAIC has determined to be in compli-
ance with the requirements of subsection (a), the 
Congress hereby urges NAIC to continue to review 
and determine such State’s compliance with the re-
quirements of subsection (a) on an annual basis. If 
the NAIC determines at any time that a State no 
longer is in compliance with the requirements of 
subsection (a), section 6 shall apply with respect to 
such State. 
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(3) 
JUDICIAL
REVIEW.—The 
appropriate 
United States District Court shall have exclusive ju-
risdiction over any challenge arising under this sec-
tion. The court shall apply the standards set forth 
in section 706 of title 5, United States Code, in re-
viewing any such challenge. 
SEC. 6. AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING. 
(a) AUTHORITY.—In the case of any State that re-
quires and issues licenses for independent claims adjusters 
but is not in compliance with section 5(a), after the expira-
tion of the 4-year period beginning on the date of the en-
actment of this Act, an independent claims adjuster and 
the adjuster’s employer may ascertain, determine, nego-
tiate, or settle a claim in such State, but only if the ad-
juster meets the following requirements: 
(1) The independent claims adjuster holds a 
valid such license in his or her home State. 
(2) If the NAIC has established and admin-
isters a multi-State examination pursuant to section 
3, the adjuster has passed such examination. 
(b) PROHIBITION OF ADDITIONAL STATE REQUIRE-
MENTS.—An independent claims adjuster authorized 
under subsection (a) to investigate, evaluate, negotiate the 
resolution of a claim in a State that is not in compliance 
with section 5 shall not be subject to any additional licen-
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sure or other requirements from such State in order to 
adjust claims and otherwise act as an independent claims 
adjuster in such State. 
SEC. 7. ACCELERATING CLAIMS ADJUSTING OF LOSSES 
CAUSED BY NATURAL OR OTHER DISASTERS. 
(a) AUTHORITY TO ADJUST.—An independent claims 
adjuster meeting the requirements of subsection (b) may 
adjust claims for losses related to any natural or other 
disaster, occurring in any jurisdiction, that has been des-
ignated by the President as a major disaster pursuant to 
section 401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170) notwith-
standing the licensure requirements of the State in which 
the disaster area for the major disaster is located and not-
withstanding the requirements under section 6 of this Act 
for interstate claims licensing. 
(b) ADJUSTER REQUIREMENTS.—The requirements 
under this subsection with respect to an independent 
claims adjuster are as follows: 
(1) STATE
LICENSE.—The adjuster holds a 
valid license as an independent claims adjuster in his 
or her home State (whether actual or designated, 
pursuant to section 8(a)(1)). 
(2) MULTI-STATE EXAMINATION.—If the NAIC 
has adopted and administers a multi-State examina-
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