I 
115TH CONGRESS 
1ST SESSION H. R. 3363 
To reform uniformity and reciprocity among States that license insurance 
claims adjusters and to facilitate prompt and efficient adjusting of insur-
ance claims, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2017 
Mr. KUSTOFF of Tennessee (for himself, Mr. FOSTER, Mr. ROYCE of Cali-
fornia, Mr. STIVERS, Mr. BLUM, and Mr. ROE of Tennessee) introduced 
the following bill; which was referred to the Committee on Financial Serv-
ices 
A BILL 
To reform uniformity and reciprocity among States that li-
cense insurance claims adjusters and to facilitate prompt 
and efficient adjusting of insurance claims, 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. STATE FLEXIBILITY IN MULTISTATE ADJUSTER LI-
CENSING REFORMS. 
(a) IN GENERAL.—Section 4 shall take effect upon 
the expiration of the 4-year period beginning on the date 
of the enactment of this Act unless, before the expiration 
of such period, those States that license independent 
claims adjusters have enacted— 
(1) uniform laws and regulations governing the 
licensure of individuals and entities authorized to 
adjust insurance claims within the State; and 
(2) reciprocity laws and regulations governing 
the licensure of nonresident individuals and entities 
authorized to adjust insurance claims within those 
States. 
(b) UNIFORMITY REQUIRED.—States shall be deemed 
to have established the uniformity necessary to comply 
with subsection (a)(1) if the States— 
(1) establish uniform criteria regarding the in-
tegrity, personal qualifications, education, training, 
and experience of licensed independent claims ad-
justers for— 
(A) property and casualty insurance; 
(B) workers compensation insurance; and 
(C) such other lines as a State may choose 
to regulate. 
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SEC. 4. AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING. 
In the case of any State that requires and issues li-
censes for independent claims adjusters but is not in com-
pliance with section 2, after the expiration of the 4-year 
period beginning on the date of the enactment of this Act, 
an independent claims adjuster may apply to the National 
Association of Registered Agents and Brokers for Mem-
bership for the purpose of licensure in each such State 
not in compliance with section 2, provided that such inde-
pendent claims adjuster pays the requisite fees, including 
licensing fees. For purposes of this provision, upon such 
date an independent claims adjuster shall be determined 
to be a person that negotiates policies of insurance and 
offers advice, counsel, opinions or services related to insur-
ance, as such terms are used in section 334(5) of Public 
Law 106–102, as amended by section 202(a) of Public 
Law 114–1 (15 U.S.C. 6764(5); 129 Stat. 27). 
SEC. 5. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
(1) HOME STATE.— 
(A) ACTUAL.—The term ‘‘home State’’ 
means, with respect to an independent claims 
adjuster, the State in which the adjuster main-
tains his, her, or its principal place of residence 
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or business and is licensed upon having passed 
an exam as an independent claims adjuster. 
(B) DESIGNATED.—If the State in which 
an independent claims adjuster maintains his or 
her principal place of residence or business does 
not issue an independent claims adjuster license 
or require an examination as a condition for 
such licensure for the line or lines of authority 
sought, such term means any other State in 
which the independent claims adjuster is so li-
censed upon having passed an exam and that is 
designated by such adjuster as his or her home 
State. 
(2) INDEPENDENT
CLAIMS
ADJUSTER.—The 
term ‘‘independent claims adjuster’’ means an indi-
vidual, other than a public adjuster, who undertakes 
on behalf of insurers or self-insurers to investigate, 
evaluate, and negotiate the resolution of the amount 
of a property, casualty, liability, disability, or work-
ers’ compensation claim, loss, or damage on behalf 
of an insurance policy or insurer or as a third party 
on behalf of a self-insurer. Such term includes com-
pany or staff adjusters, who are individuals, other 
than a public adjuster, employed by property cas-
ualty insurers and undertake to investigate, evalu-
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ate, and negotiate the resolution of a property, cas-
ualty, liability, disability, or workers’ compensation 
claim, loss, or damage on behalf of an insurance pol-
icy or insurer. 
(3) PUBLIC ADJUSTER.—The term ‘‘public ad-
juster’’ means any person who, for compensation or 
any other thing of value, on behalf of the insured 
acts, aids, advertises, or solicits business to ascer-
tain, determine, negotiate, or settle the amount of a 
claim, loss, or damage, solely in relation to first 
party claims arising under contracts that insure the 
real or personal property of the insured. 
(4) STATE.—The term ‘‘State’’ means the 
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Guam, 
the Virgin Islands, American Samoa, and any other 
territory or possession of the United States. 
(5) STATE
LAW.—The term ‘‘State law’’ in-
cludes all laws, decisions, rules, regulations, or other 
State action of any State having the effect of law; 
and a law of the United States applicable only to the 
District of Columbia shall be treated as a State law 
rather than as a law of the United States. 
Æ 
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