119 
mary tax applicable to insurance companies on any na-
tional insurer, unless such State allows the national in-
surer to recoup assessments allocable to such State in the 
same manner and to the same extent that a State insurer 
is allowed to recoup such assessments. 
SEC. 606. REPORT TO CONGRESS. 
Not later than two years after the date of the enact-
ment of this Act, the Director of the Corporation shall 
submit to Congress a recommendation on— 
(1) whether national insurers should continue 
to be members of State guaranty associations; 
(2) whether State insurance commissioners 
should be given the opportunity to require State in-
surers to be covered by the National Insurance 
Guaranty Corporation instead of State guaranty as-
sociations; and 
(3) whether policyholders of national insurers 
would be better protected if assessments under sec-
tion 604 were imposed before such funds are nec-
essary to make payments on claims against a na-
tional insurer that is placed into receivership. 
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120 
TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. APPLICABLE LAW. 
(a) INAPPLICABILITY OF STATE LAW.—Except to the 
extent expressly provided in this Act, national insurers, 
national insurance agencies, and national insurance pro-
ducers shall not be subject under State law to any form 
of licensing, examination, reporting, regulation, or other 
supervision relating to the sale, solicitation, or negotiation 
of insurance, to the underwriting of insurance, or to any 
other insurance operations. 
(b) NO DISCRIMINATION.—No State may discrimi-
nate against— 
(1) any State insurer because such insurer or 
any affiliate has applied to become, or has declared 
its intention to become, a national insurer chartered 
under this Act; 
(2) any State-licensed insurance producer be-
cause such insurance producer or an affiliate has ap-
plied to become, or has declared its intention to be-
come, a national insurance agency chartered under 
this Act or a national insurance producer licensed 
under this Act; 
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(3) any affiliate of a national insurer, national 
insurance agency, or a national insurance producer 
because the affiliate is so affiliated; 
(4) any policyholder, insured, claimant, State-li-
censed insurance producer, or any person engaged in 
the acts described in section 405(b) because of any 
dealing with a national insurer, national insurance 
agency, a national insurance producer, or an affiliate 
of a national insurer, national insurance agency, or 
a national insurance producer; or 
(5) any State-licensed insurance producer (in-
cluding with respect to such producer’s sales, solici-
tation, or negotiation of any insurance policy written 
or sold by a State insurer) because it sells, solicits, 
or negotiates an insurance policy written or sold by 
a national insurer. 
SEC. 702. APPLICATION OF THE FEDERAL ANTITRUST 
LAWS. 
(a) IN GENERAL.—Subject to subsection (b), the 
Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 
U.S.C. 12 et seq.), the Federal Trade Commission Act (15 
U.S.C. 41 et seq.), and the Act of June 19, 1936 (49 Stat. 
1526) (commonly known as the Robinson-Patman Anti-
discrimination Act), shall be applicable to national insur-
ers, national insurance agencies, and national insurance 
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producers to the same extent as other businesses are sub-
ject to such laws, except as follows: 
(1) Such laws shall not apply to the develop-
ment, dissemination, or use of standard insurance 
policy forms (including standard endorsements, 
addendums, and policy language), or to activities in-
cidental thereto, by national insurers, national insur-
ance agencies, and national insurance producers. 
(2) Section 3 of the Act of March 9, 1945 (59 
Stat. 33; 15 U.S.C. 1013), shall apply to national 
insurers, national insurance agencies, and national 
insurance producers to the extent that such insurers 
and producers are subject to State law. 
(b) EXCEPTION.—Notwithstanding any other provi-
sion of law, section 5 of the Federal Trade Commission 
Act (15 U.S.C. 45) shall not apply with respect to a na-
tional insurer, national insurance agency, or national in-
surance producer. 
Æ 
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