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negotiates, effects, procures, delivers, renews, 
continues, or binds insurance for commercial 
property and casualty risks to an insured with 
risks located in more than 1 State, provided 
that such nonresident insurance producer is 
otherwise licensed as an insurance producer in 
the State where the insured maintains its prin-
cipal place of business and the contract of in-
surance insures risks located in that State. 
‘‘(2) STATES OTHER THAN A HOME STATE.— 
No State, other than a member’s home State, 
shall— 
‘‘(A) impose any licensing, integrity, per-
sonal or corporate qualifications, education, 
training, experience, residency, continuing edu-
cation, or bonding requirement upon a member 
of the Association that is different from the cri-
teria for membership in the Association or re-
newal of such membership; 
‘‘(B) impose any requirement upon a mem-
ber of the Association that it be licensed, reg-
istered, or otherwise qualified to do business or 
remain in good standing in such State, includ-
ing any requirement that such insurance pro-
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ducer register as a foreign company with the 
secretary of state or equivalent State official; or 
‘‘(C) require that a member of the Associa-
tion submit to a criminal history record check 
as a condition of doing business in such State. 
‘‘SEC. 332. COORDINATION WITH OTHER REGULATORS. 
‘‘(a) COORDINATION WITH STATE INSURANCE REGU-
LATORS.—The Association may— 
‘‘(1) establish a central clearinghouse, or utilize 
the NAIC or any other entity as a central clearing-
house, through which members of the Association 
may pursuant to section 323(e) disclose their intent 
to operate in 1 or more States and pay the licensing 
fees to the appropriate States; and 
‘‘(2) establish a national database for the collec-
tion of regulatory information concerning the activi-
ties of insurance producers or contract with the 
NAIC or any other entity to utilize such a database. 
‘‘(b) COORDINATION WITH THE FINANCIAL INDUS-
TRY REGULATORY AUTHORITY.—The Association shall 
coordinate with the Financial Industry Regulatory Au-
thority 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. 
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‘‘SEC. 333. JUDICIAL REVIEW AND ENFORCEMENT. 
‘‘(a) JURISDICTION.—The appropriate United States 
district court shall have exclusive jurisdiction over litiga-
tion to which the Association is a party or any matter aris-
ing under this subtitle, including disputes between the As-
sociation and its members that arise under this subtitle, 
subject to chapter 7 of title 5, United States Code. 
‘‘(b) EXHAUSTION
OF REMEDIES.—An aggrieved 
person shall be required to exhaust all available adminis-
trative remedies before the Association before it may seek 
judicial review of an Association decision. 
‘‘(c) EQUAL WEIGHT
AND DEFERENCE.—In any 
other proceeding involving this subtitle, the court shall 
give at least equal weight and deference to the interpreta-
tions of the Association as would be given to any State 
or Federal agency with respect to any law, regulation, in-
terpretation, or order addressing the same issues. 
‘‘SEC. 334. DEFINITIONS. 
‘‘For purposes of this subtitle, the following defini-
tions shall apply: 
‘‘(1) HOME
STATE.—The term ‘home State’ 
means the State in which the insurance producer 
maintains its principal place of residence or business 
and is licensed to act as an insurance producer. 
‘‘(2) INSURANCE.—The term ‘insurance’ means 
any product, other than title insurance, defined or 
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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, excess or surplus lines broker or agent, in-
surance consultant, limited insurance representative, 
and any other individual or entity that solicits, nego-
tiates, effects, procures, delivers, renews, continues 
or binds policies of insurance or offers advice, coun-
sel, opinions or services related to insurance. 
‘‘(4) STATE.—The term ‘State’ includes any 
State, the District of Columbia, any territory of the 
United States, and Puerto Rico, Guam, American 
Samoa, the Trust Territory of the Pacific Islands, 
the Virgin Islands, and the Northern Mariana Is-
lands. 
‘‘(5) STATE LAW.— 
‘‘(A) IN GENERAL.—The term ‘State law’ 
includes all laws, decisions, rules, regulations, 
or other State action having the effect of law, 
of any State. 
‘‘(B) LAWS APPLICABLE IN THE DISTRICT 
OF COLUMBIA.—A law of the United States ap-
plicable only to or within the District of Colum-
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bia shall be treated as a State law rather than 
a law of the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Gramm-Leach-Bliley Act is amended by striking 
the items relating to subtitle C of title III and inserting 
the following new items: 
‘‘Subtitle C—National Association of Registered Agents and Brokers 
‘‘Sec. 321. National association of registered agents and brokers. 
‘‘Sec. 322. Purpose. 
‘‘Sec. 323. Membership. 
‘‘Sec. 324. Board of directors. 
‘‘Sec. 325. Officers. 
‘‘Sec. 326. Bylaws, rules, and disciplinary action. 
‘‘Sec. 327. Powers. 
‘‘Sec. 328. Report by association. 
‘‘Sec. 329. Liability of the association and the directors, officers, and employees 
of the association. 
‘‘Sec. 330. Presidential review. 
‘‘Sec. 331. Relationship to state law. 
‘‘Sec. 332. Coordination with other regulators. 
‘‘Sec. 333. Judicial review and enforcement. 
‘‘Sec. 334. Definitions.’’. 
Passed the House of Representatives September 17, 
2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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