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(b) PROHIBITED ACTIONS.—No State shall— 
(1) impede the activities of, take any action 
against, or apply any provision of law or regulation 
to, any insurance producer because that insurance 
producer or any affiliate plans to become, has ap-
plied to become, or is a member of the Association; 
(2) impose any requirement upon a member of 
the Association that it pay different fees to be li-
censed or otherwise qualified to do business in that 
State, including bonding requirements, based on its 
residency; 
(3) impose any licensing, appointment, integ-
rity, personal or corporate qualifications, education, 
training, experience, residency, or continuing edu-
cation requirement upon a member of the Associa-
tion that is different from the criteria for member-
ship in the Association or renewal of such member-
ship, except that counter-signature requirements im-
posed on nonresident producers shall not be deemed 
to have the effect of limiting or conditioning a pro-
ducer’s activities because of its residence or place of 
operations under this section; or 
(4) implement the procedures of such State’s 
system of licensing or renewing the licenses of insur-
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ance producers in a manner different from the au-
thority of the Association under section 325. 
(c) SAVINGS PROVISION.—Except as provided in sub-
sections (a) and (b), no provision of this section shall be 
construed as altering or affecting the continuing effective-
ness of any law, regulation, provision, or other action of 
any State which purports to regulate insurance producers, 
including any such law, regulation, provision, or action 
which purports to regulate unfair trade practices or estab-
lish consumer protections, including countersignature 
laws. 
SEC. 334. COORDINATION WITH OTHER REGULATORS. 
(a) COORDINATION WITH STATE INSURANCE REGU-
LATORS.—The Association shall have the authority to— 
(1) issue uniform insurance producer applica-
tions and renewal applications that may be used to 
apply for the issuance or removal of State licenses, 
while preserving the ability of each State to impose 
such conditions on the issuance or renewal of a li-
cense as are consistent with section 333; 
(2) establish a central clearinghouse through 
which members of the Association may apply for the 
issuance or renewal of licenses in multiple States; 
and 
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(3) establish or utilize a national database for 
the collection of regulatory information concerning 
the activities of insurance producers. 
(b) COORDINATION WITH THE NATIONAL ASSOCIA-
TION OF SECURITIES DEALERS.—The Association shall 
coordinate with the National Association of Securities 
Dealers in order to ease any administrative burdens that 
fall on persons that are members of both associations, con-
sistent with the purposes of this subtitle and the Federal 
securities laws. 
SEC. 335. JUDICIAL REVIEW. 
(a) JURISDICTION.—The appropriate United States 
district court shall have exclusive jurisdiction over litiga-
tion involving the Association, including disputes between 
the Association and its members that arise under this sub-
title. Suits brought in State court involving the Associa-
tion shall be deemed to have arisen under Federal law and 
therefore be subject to jurisdiction in the appropriate 
United States district court. 
(b) EXHAUSTION OF REMEDIES.—An aggrieved per-
son shall be required to exhaust all available administra-
tive remedies before the Association and the NAIC before 
it may seek judicial review of an Association decision. 
(c) STANDARDS
OF REVIEW.—The standards set 
forth in section 553 of title 5, United States Code, shall 
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be applied whenever a rule or bylaw of the Association is 
under judicial review, and the standards set forth in sec-
tion 554 of title 5, United States Code, shall be applied 
whenever a disciplinary action of the Association is judi-
cially reviewed. 
SEC. 336. DEFINITIONS. 
For purposes of this subtitle, the following definitions 
shall apply: 
(1) HOME
STATE.—The term ‘‘home State’’ 
means the State in which the insurance producer 
maintains its principal place of residence and is li-
censed to act as an insurance producer. 
(2) INSURANCE.—The term ‘‘insurance’’ means 
any product, other than title insurance, defined or 
regulated as insurance by the appropriate State in-
surance regulatory authority. 
(3) INSURANCE PRODUCER.—The term ‘‘insur-
ance producer’’ means any insurance agent or 
broker, surplus lines broker, insurance consultant, 
limited insurance representative, and any other per-
son that solicits, negotiates, effects, procures, deliv-
ers, renews, continues or binds policies of insurance 
or offers advice, counsel, opinions or services related 
to insurance. 
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(4) STATE.—The term ‘‘State’’ includes any 
State, the District of Columbia, American Samoa, 
Guam, Puerto Rico, and the United States Virgin 
Islands. 
(5) STATE
LAW.—The term ‘‘State law’’ in-
cludes all laws, decisions, rules, regulations, or other 
State action having the effect of law, of any State. 
A law of the United States applicable only to the 
District of Columbia shall be treated as a State law 
rather than a law of the United States. 
Subtitle D—Rental Car Agency 
Insurance Activities 
SEC. 341. STANDARD OF REGULATION FOR MOTOR VEHI-
CLE RENTALS. 
(a) PROTECTION AGAINST RETROACTIVE APPLICA-
TION OF REGULATORY AND LEGAL ACTION.—Except as 
provided in subsection (b), during the 3-year period begin-
ning on the date of the enactment of this Act, it shall 
be a presumption that no State law imposes any licensing, 
appointment, or education requirements on any person 
who solicits the purchase of or sells insurance connected 
with, and incidental to, the lease or rental of a motor vehi-
cle. 
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(b) PREEMINENCE OF STATE INSURANCE LAW.—No 
provision of this section shall be construed as altering the 
validity, interpretation, construction, or effect of— 
(1) any State statute; 
(2) the prospective application of any court 
judgment interpreting or applying any State statute; 
or 
(3) the prospective application of any final 
State regulation, order, bulletin, or other statutorily 
authorized interpretation or action, 
which, by its specific terms, expressly regulates or exempts 
from regulation any person who solicits the purchase of 
or sells insurance connected with, and incidental to, the 
short-term lease or rental of a motor vehicle. 
(c) SCOPE
OF APPLICATION.—This section shall 
apply with respect to— 
(1) the lease or rental of a motor vehicle for a 
total period of 90 consecutive days or less; and 
(2) insurance which is provided in connection 
with, and incidentally to, such lease or rental for a 
period of consecutive days not exceeding the lease or 
rental period. 
(d) MOTOR VEHICLE DEFINED.—For purposes of 
this section, the term ‘‘motor vehicle’’ has the meaning 
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given to such term in section 13102 of title 49, United 
States Code. 
Subtitle E—Confidentiality 
SEC. 351. CONFIDENTIALITY OF HEALTH AND MEDICAL IN-
FORMATION. 
(a) IN GENERAL.—A company which underwrites or 
sells annuities contracts or contracts insuring, guaran-
teeing, or indemnifying against loss, harm, damage, ill-
ness, disability, or death (other than credit-related insur-
ance) and any subsidiary or affiliate thereof shall maintain 
a practice of protecting the confidentiality of individually 
identifiable customer health and medical and genetic infor-
mation and may disclose such information only— 
(1) with the consent, or at the direction, of the 
customer; 
(2) for insurance underwriting and reinsuring 
policies, account administration, reporting, inves-
tigating, or preventing fraud or material misrepre-
sentation, processing premium payments, processing 
insurance claims, administering insurance benefits 
(including utilization review activities), providing in-
formation to the customer’s physician or other 
health care provider, participating in research 
projects, enabling the purchase, transfer, merger, or 
sale of any insurance-related business, or as other-
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wise required or specifically permitted by Federal or 
State law; or 
(3) in connection with— 
(A) the authorization, settlement, billing, 
processing, clearing, transferring, reconciling, 
or collection of amounts charged, debited, or 
otherwise paid using a debit, credit, or other 
payment card or account number, or by other 
payment means; 
(B) the transfer of receivables, accounts, 
or interest therein; 
(C) the audit of the debit, credit, or other 
payment information; 
(D) compliance with Federal, State, or 
local law; 
(E) compliance with a properly authorized 
civil, criminal, or regulatory investigation by 
Federal, State, or local authorities as governed 
by the requirements of this section; or 
(F) fraud protection, risk control, resolving 
customer disputes or inquiries, communicating 
with the person to whom the information re-
lates, or reporting to consumer reporting agen-
cies. 
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(b) STATE ACTIONS FOR VIOLATIONS.—In addition 
to such other remedies as are provided under State law, 
if the chief law enforcement officer of a State, State insur-
ance regulator, or an official or agency designated by a 
State, has reason to believe that any person has violated 
or is violating this title, the State may bring an action 
to enjoin such violation in any appropriate United States 
district court or in any other court of competent jurisdic-
tion. 
(c) EFFECTIVE DATE; SUNSET.— 
(1) EFFECTIVE DATE.—Except as provided in 
paragraph (2), subsection (a) shall take effect on 
February 1, 2000. 
(2) SUNSET.—Subsection (a) shall not take ef-
fect if, or shall cease to be effective on and after the 
date on which, legislation is enacted that satisfies 
the requirements in section 264(c)(1) of the Health 
Insurance Portability and Accountability Act of 
1996 (Public Law 104–191; 110 Stat. 2033). 
(d) CONSULTATION.—While subsection (a) is in ef-
fect, State insurance regulatory authorities, through the 
National Association of Insurance Commissioners, shall 
consult with the Secretary of Health and Human Services 
in connection with the administration of such subsection. 
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TITLE 
IV—UNITARY 
SAVINGS 
AND LOAN HOLDING COMPA-
NIES 
SEC. 401. PROHIBITION ON NEW UNITARY SAVINGS AND 
LOAN HOLDING COMPANIES. 
(a) IN GENERAL.—Section 10(c) of the Home Own-
ers’ Loan Act (12 U.S.C. 1467a(c)) is amended by adding 
at the end the following new paragraph: 
‘‘(9) TERMINATION OF EXPANDED POWERS FOR 
NEW UNITARY HOLDING COMPANY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B) and notwithstanding paragraph (3), 
no company may directly or indirectly, includ-
ing through any merger, consolidation, or other 
type of business combination, acquire control of 
a savings association after March 4, 1999, un-
less the company is engaged, directly or indi-
rectly (including through a subsidiary other 
than a savings association), only in activities 
that are permitted— 
‘‘(i) under paragraph (1)(C) or (2); or 
‘‘(ii) for financial holding companies 
under section 6(c) of the Bank Holding 
Company Act of 1956. 
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