308 
of State insurance guaranty association or fund law or 
under this title: 
(1) A member insurer and its directors, officers, 
employees, and agents. 
(2) Any State insurance guaranty association or 
State insurance guaranty fund and its respective di-
rectors, officers, employees, or agents. 
(3) The Corporation and its directors, officers, 
employees, and agents. 
(4) The Commissioner and the representatives 
thereof. 
(5) Any State insurance commissioner and rep-
resentatives thereof. 
TITLE 
VII—CONFORMING 
AMENDMENTS 
AND 
MIS-
CELLANEOUS PROVISIONS 
SEC. 1701. NONDISCRIMINATION. 
No State may, by statute, regulation, order, interpre-
tation, or otherwise, discriminate, in any manner, 
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; 
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309 
(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 agency chartered under this Act or 
a federally licensed insurance producer licensed 
under this Act; 
(3) any affiliate of a national insurer, national 
agency, or a federally licensed 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 1304(b) because of any 
dealing with a national insurer, national agency, a 
federally licensed insurance producer, or an affiliate 
of a national insurer, national agency, or a federally 
licensed 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. 
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SEC. 1702. APPLICATION OF THE FEDERAL ANTITRUST 
LAWS TO NATIONAL INSURERS, NATIONAL 
AGENCIES, AND FEDERALLY LICENSED IN-
SURANCE PRODUCERS. 
(a) APPLICATION.—Except as provided in 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-Pat-
man Antidiscrimination Act), shall be applicable to na-
tional insurers, national agencies, and federally licensed 
insurance producers to the same extent as other busi-
nesses are subject 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 agen-
cies, and federally licensed 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 agencies, and federally licensed in-
surance producers to the extent that such insurers 
and producers are subject to State law. 
(b) EXCEPTION.—Section 5 of the Federal Trade 
Commission Act (15 U.S.C. 45) shall not apply to national 
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insurers, national agencies, and federally licensed insur-
ance producers. 
SEC. 1703. APPLICATION OF STATE LAW AND REGULATION 
TO NATIONAL INSURERS, NATIONAL AGEN-
CIES, AND FEDERALLY LICENSED INSURANCE 
PRODUCERS. 
Except to the extent expressly provided in this Act, 
national insurers, national agencies, and federally licensed 
insurance producers shall not be subject under State law 
to any form of licensing, examination, reporting, regula-
tion, or other supervision relating to the sale, solicitation, 
or negotiation of insurance, to the underwriting of insur-
ance, or to any other insurance operations. 
SEC. 1704. FEDERAL COURT JURISDICTION. 
Chapter 85 of part IV of title 28, United States Code, 
is amended by adding at the end the following: 
‘‘§ 1370. National insurer as party 
‘‘The district courts shall have original jurisdiction 
of any civil action— 
‘‘(1) commenced by the United States, or by di-
rection of any officers thereof, against any national 
insurer, national agency, or any federally licensed in-
surance producer; 
‘‘(2) to enjoin the Commissioner of National In-
surance in the Commissioner’s capacity as head of 
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