[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4871 Reported in House (RH)]
Union Calendar No. 391
113th CONGRESS
2d Session
H. R. 4871
[Report No. 113-523]
To reauthorize the Terrorism Risk Insurance Act of 2002, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 17, 2014
Mr. Neugebauer (for himself and Mr. Westmoreland) introduced the
following bill; which was referred to the Committee on Financial
Services
July 16, 2014
Additional sponsors: Mr. Royce, Mr. Bachus, Mr. Mulvaney, Mr. McHenry,
Mr. Garrett, Mr. Stivers, Mr. Fincher, Mr. Huizenga of Michigan, Mr.
Ross, Ms. Granger, Mr. Olson, Mr. Carter, Mr. Smith of Texas, Mr. Sam
Johnson of Texas, Mr. Thornberry, Mr. Culberson, Mr. Sessions, Mr.
Conaway, Mr. Weber of Texas, Mr. Stockman, Mr. Hall, Mr. Marchant, Mr.
Duffy, Mr. Luetkemeyer, Mr. Hurt, Mr. Rogers of Alabama, and Mr. Jolly
July 16, 2014
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
17, 2014]
_______________________________________________________________________
A BILL
To reauthorize the Terrorism Risk Insurance Act of 2002, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``TRIA Reform Act of
2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--TRIA REFORM
Sec. 101. References.
Sec. 102. Extension of program.
Sec. 103. Certification of acts of terrorism.
Sec. 104. Separate treatment of conventional terrorism from NBCR
terrorism.
Sec. 105. Availability of coverage.
Sec. 106. Terrorism loss risk-spreading premiums amount.
Sec. 107. Increase of aggregate retention amount; mandatory recoupment.
Sec. 108. Terrorism loss risk-spreading premium.
Sec. 109. Risk-sharing mechanisms.
Sec. 110. Reporting of terrorism insurance data.
Sec. 111. Delivery of notices to policyholders.
Sec. 112. Definition of control.
Sec. 113. Annual study of small insurer market competitiveness.
Sec. 114. CBO and OMB studies regarding budgeting for costs of Federal
insurance programs.
Sec. 115. GAO study on upfront premiums and capital reserve fund.
TITLE II--NATIONAL ASSOCIATION OF REGISTERED AGENTS AND BROKERS REFORM
Sec. 201. Short title.
Sec. 202. Reestablishment of the National Association of Registered
Agents and Brokers.
TITLE I--TRIA REFORM
SEC. 101. REFERENCES.
Except as otherwise expressly provided, wherever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Terrorism Risk Insurance
Act of 2002 (15 U.S.C. 6701 note).
SEC. 102. EXTENSION OF PROGRAM.
(a) In General.--Subsection (a) of section 108 (15 U.S.C. 6701
note) is amended by striking ``December 31, 2014'' and inserting
``December 31, 2019''.
(b) Program Years.--Subparagraph (G) of section 102(11) (15 U.S.C.
6701 note) is amended by striking ``2014'' and inserting ``2019''.
SEC. 103. CERTIFICATION OF ACTS OF TERRORISM.
(a) In General.--Paragraph (1) of section 102 (15 U.S.C. 6701 note)
is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``concurrence with the Secretary of State''
and inserting ``consultation with the Secretary of Homeland
Security'';
(2) in subparagraph (B)--
(A) in clause (i), by striking ``; or'' and
inserting a period;
(B) by striking clause (ii); and
(C) by striking ``terrorism if--'' and all that
follows through ``(i) the act'' and inserting
``terrorism if the act'';
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (E) and (G), respectively;
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Timing of certification.--
``(i) Preliminary certification notice.--
The Secretary shall issue a preliminary
certification notice indicating whether an act
is expected to be a certified act of terrorism
not later than 15 days after--
``(I) the date of the occurrence of
a potential act of terrorism; or
``(II) the receipt of a petition
seeking a preliminary certification
decision submitted by an insurer having
an in-force policy or policies that
could be affected by a certification
decision.
``(ii) Final certification notice.--Not
later than 90 days after the date of the
occurrence of a potential act of terrorism or
the receipt of a petition submitted to the
Secretary pursuant to clause (i)(II), the
Secretary shall issue a final certification
notice indicating whether an act is a certified
act of terrorism for purposes of this Act.
``(iii) Rule of construction.--Failure to
issue a preliminary certification notice under
clause (i) shall not prevent the Secretary from
issuing a final certification notice under
clause (ii).''; and
(5) by inserting before subparagraph (G), as so
redesignated by paragraph (3) of this subsection, the following
new subparagraph:
``(F) Failure to make determination.--If the
Secretary does not certify, or make a determination not
to certify, an act as an act of terrorism before the
expiration of the 90-day period beginning on the
occurrence of such act, such act shall be treated for
purposes of this Act as having been determined by the
Secretary not to be an act of terrorism and such
determination shall be final and shall not be subject
to judicial review.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to the Program Year for the Terrorism Insurance Program
established by title I of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note) that begins on January 1, 2015, and Program Years
thereafter.
SEC. 104. SEPARATE TREATMENT OF CONVENTIONAL TERRORISM FROM NBCR
TERRORISM.
(a) Definition.--
(1) In general.--Section 102 (15 U.S.C. 6701 note) is
amended--
(A) in paragraph (1), by inserting after
subparagraph (C), as added by section 103(a)(4) of this
Act, the following new subparagraph:
``(D) Act of nbcr terrorism.--Each certification of
an act of terrorism under subparagraph (A) shall
include a determination of whether such act involves
NBCR terrorism.'';
(B) by redesignating paragraphs (9) through (16) as
paragraphs (10) through (17), respectively; and
(C) by inserting after paragraph (8) the following
new paragraph:
``(9) NBCR terrorism.--Notwithstanding paragraph (1), the
term `NBCR terrorism' means an act of terrorism to the extent
that the insured losses involve, regardless of any other cause
or event that contributes concurrently or in any sequence to
such insurance loss--
``(A) an act of terrorism that is carried out by
means of the dispersal or application of radioactive
material, or through the use of a nuclear weapon or
device that involves or produces a nuclear reaction,
nuclear radiation, or radioactive contamination;
``(B) the release of radioactive material, and it
appears that one purpose of the act of terrorism was to
release such material;
``(C) an act of terrorism that is carried out by
means of the dispersal or application of pathogenic or
poisonous biological or chemical material; or
``(D) the release of pathogenic or poisonous
biological or chemical material, and it appears that
one purpose of the act of terrorism was to release such
material.''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to the Program Year for the Terrorism Insurance
Program established by title I of the Terrorism Risk Insurance
Act of 2002 (15 U.S.C. 6701 note) that begins on January 1,
2016, and Program Years thereafter.
(b) Federal Share of Insured Loss Compensation.--Subparagraph (A)
of section 103(e)(1) (15 U.S.C. 6701 note) is amended--
(1) by striking ``The Federal share'' and inserting
``Subject to subparagraphs (B) and (C), the Federal share'';
(2) by striking ``an insurer during the Transition period''
and inserting the following: ``an insurer--
``(i) during the Transition period,'';
(3) by inserting ``through the Program Year ending on
December 31, 2015,'' after ``each Program Year thereafter'';
(4) by striking the period at the end and inserting ``;
and''; and
(5) by adding at the end the following new clause:
``(ii) shall be equal to--
``(I) except as provided in
subclause (II)--
``(aa) during the Program
Year beginning on January 1,
2016, 84 percent of that
portion of the amount of such
insured losses that exceeds the
applicable insurer deductible
required to be paid during such
Program Year;
``(bb) during the Program
Year beginning on January 1,
2017, 83 percent of that
portion of the amount of such
insured losses that exceeds the
applicable insurer deductible
required to be paid during such
Program Year;
``(cc) during the Program
Year beginning on January 1,
2018, 82 percent of that
portion of the amount of such
insured losses that exceeds the
applicable insurer deductible
required to be paid during such
Program Year; and
``(dd) during the Program
Year beginning on January 1,
2019, 80 percent of that
portion of the amount of such
insured losses that exceeds the
applicable insurer deductible
required to be paid during such
Program Year; and
``(II) in the case of insured
losses resulting from acts of NBCR
terrorism, during the Program Year
beginning on January 1, 2016, and each
Program Year thereafter, 85 percent of
that portion of the amount of such
insured losses that exceeds the
applicable insurer deductible required
to be paid during such Program Year.''.
(c) Program Trigger.--Subparagraph (B) of section 103(e)(1) (15
U.S.C. 6701 note) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``a certified act'' and inserting
``certified acts''; and
(B) by striking ``such certified act'' and
inserting ``such certified acts'';
(2) in clause (i) by striking ``or'' at the end;
(3) in clause (ii), by striking the period at the end and
inserting the following ``through the Program Year ending on
December 31, 2015; or'';
(4) by adding at the end the following:
``(iii)(I) except as provided in subclause
(II)--
``(aa) $200,000,000, with respect
to such insured losses occurring in the
Program Year beginning on January 1,
2016;
``(bb) $300,000,000, with respect
to such insured losses occurring in the
Program Year beginning on January 1,
2017;
``(cc) $400,000,000, with respect
to such insured losses occurring in the
Program Year beginning on January 1,
2018; and
``(dd) $500,000,000, with respect
to such insured losses occurring in the
Program Year beginning on January 1,
2019; and
``(II) in the case of an act of NBCR
terrorism, $100,000,000, with respect to such
insured losses occurring in the Program Year
beginning on January 1, 2016, or any Program
Year thereafter.''; and
(5) by adding after and below clause (iii), as added by
paragraph (4) of this subsection, the following:
``In determining the aggregate industry insured losses
resulting from certified acts of terrorism for purposes
of this subparagraph, the Secretary shall not consider
any act of terrorism resulting, in the aggregate, in
less than $50,000,000 in insured losses.''.
SEC. 105. AVAILABILITY OF COVERAGE.
Subsection (c) of section 103 (15 U.S.C. 6701 note) is amended to
read as follows:
``(c) Mandatory Availability.--
``(1) In general.--Except as provided in paragraph (2),
during each Program Year, each entity that meets the definition
of an insurer under section 102 shall make available--
``(A) in all of its property and casualty insurance
policies, coverage for insured losses; and
``(B) property and casualty insurance coverage for
insured losses that does not differ materially from the
terms, amounts, and other coverage limitations
applicable to losses arising from events other than
acts of terrorism.
``(2) No mandatory availability for small insurers.--The
Secretary shall provide, by regulation and in consultation with
State insurance regulatory authorities, that paragraph (1)
shall not apply for a Program Year with respect to any small
insurer (as such term is defined in such regulations by the
Secretary) that, at the option of the insurer, makes a request
for such inapplicability for such Program Year to the
appropriate State insurance regulatory authority for the State
in which such insurer is domiciled and is determined by such
State insurance regulatory authority to meet such requirements
for financial hardship or financial infeasibility of providing
coverage for insured losses as the Secretary shall establish in
such regulations. The insurer shall provide notice, in a manner
satisfactory to the State insurance regulatory authority,
informing affected prospective and current policyholders
whether such coverage is not provided by the insurer. This
paragraph may not be construed to require any State insurance
regulatory authority to undertake making determinations under
this paragraph.''.
SEC. 106. TERRORISM LOSS RISK-SPREADING PREMIUMS AMOUNT.
(a) In General.--Subparagraph (C) of section 103(e)(7) (15 U.S.C.
6701 note) is amended--
(1) by striking ``subparagraphs (A) through (E)'' and
inserting ``subparagraphs (A) through (F)''; and
(2) by striking ``133 percent'' and inserting ``150
percent''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to the Program Year for the Terrorism Insurance Program
established by title I of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note) that begins on January 1, 2016, and Program Years
thereafter.
SEC. 107. INCREASE OF AGGREGATE RETENTION AMOUNT; MANDATORY RECOUPMENT.
(a) In General.--Paragraph (6) of section 103(e) (15 U.S.C. 6701
note) is amended--
(1) in subparagraph (D)(ii), by striking ``and'' at the
end;
(2) in subparagraph (E)--
(A) in the matter preceding clause (i), by
inserting ``through the Program Year ending on December
31, 2015'' before the comma; and
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) for the Program Year beginning January 1,
2016, and each Program Year thereafter, the lesser of--
``(i) the amount that is equal to the sum
of the insurer deductibles for the Program Year
for all insurers participating in the Program;
and
``(ii) the aggregate amount, for all
insurers, of insured losses during such Program
Year.''.
(b) Mandatory Recoupment.--
(1) Amount; timing.--Paragraph (7) of section 103(e) (15
U.S.C. 6701 note) is amended--
(A) by striking subparagraphs (A) and (B) and
inserting the following new subparagraph:
``(A) Mandatory recoupment amount.--For purposes of
this paragraph, the mandatory recoupment amount for
each of the periods referred to in subparagraphs (A)
through (F) of paragraph (6) shall be equal to the
lesser of--
``(i) the aggregate amount, for all
insurers, of insured losses during such period
that are compensated by the Federal Government
pursuant to paragraph (1); or
``(ii) the insurance marketplace aggregate
retention amount under paragraph (6) for such
period.'';
(B) in subparagraph (E)(i)(III), by striking
``after January 1, 2012'' and inserting ``before
December 31, 2014''; and
(C) by redesignating subparagraphs (C), (D), (E)
(as so amended), and (F) as subparagraphs (B), (C),
(D), and (E), respectively.
(2) Conforming amendments.--Section 103(e) (15 U.S.C. 6701
note) is amended in paragraph (7)(D)(i), as so redesignated by
paragraph (1)(C) of this subsection, by striking ``subparagraph
(C)'' and inserting ``subparagraph (B)''.
SEC. 108. TERRORISM LOSS RISK-SPREADING PREMIUM.
(a) In General.--Section 103(e) (15 U.S.C. 6701 note) is amended by
striking paragraph (8) and inserting the following new paragraph:
``(8) Terrorism loss risk-spreading premiums.--
``(A) Establishment.--After an act of terrorism,
the Secretary shall, to the extent provided in
paragraph (7)(B), and may, to the extent provided in
paragraph (7)(C), establish terrorism loss risk-
spreading premiums, which shall be imposed as a
policyholder premium surcharge on property and casualty
insurance policies for all participating insurers in
force after the date of such establishment.
``(B) Collection.--The Secretary shall provide for
insurers to collect terrorism loss risk-spreading
premiums and remit such amounts collected to the
Secretary.
``(C) Determination of premiums.--In determining
the method and manner of imposing terrorism loss risk-
spreading premiums, including the amount of such
premiums, the Secretary shall--
``(i) impose such terrorism loss risk-
spreading premiums beginning with such period
of coverage during the year as the Secretary
determines appropriate, but shall commence
imposition of such premiums not later than 18
months after the occurrence of the act of
terrorism for which such premiums are imposed;
``(ii) base any terrorism loss risk-
spreading premium on a percentage of the
premium amount charged for property and
casualty insurance coverage under the policy;
and
``(iii) take into consideration--
``(I) the economic impact on
commercial centers of urban areas,
including the effect on commercial
rents and commercial insurance
premiums, particularly rents and
premiums charged to small businesses,
and the availability of lease space and
commercial insurance within urban
areas;
``(II) the risk factors related to
rural areas and smaller commercial
centers, including the potential
exposure to loss and the likely
magnitude of such loss, as well as any
resulting cross-subsidization that
might result; and
``(III) the various exposures to
terrorism risk for different lines of
insurance.
``(D) Percentage limitation.--A terrorism loss
risk-spreading premium collected on a discretionary
basis pursuant to paragraph (7)(C) shall not be less
than, on an annual basis, the amount equal to 3 percent
of the premium charged for property and casualty
insurance coverage under the policy.
``(E) Timing of premiums.--The Secretary may adjust
the timing of terrorism loss risk-spreading premiums to
provide for equivalent application of the provisions of
this title to policies that are not based on a calendar
year, or to apply such provisions on a daily, monthly,
or quarterly basis, as appropriate.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to the Program Year for the Terrorism Insurance Program
established by title I of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note) that begins on January 1, 2016, and Program Years
thereafter.
SEC. 109. RISK-SHARING MECHANISMS.
(a) In General.--Section 103(e) (15 U.S.C. 6701 note) is amended by
adding at the end the following new paragraph:
``(9) Risk-sharing mechanisms.--
``(A) Finding; rule of construction.--The Congress
finds that it is desirable to encourage the growth of
nongovernmental, private market reinsurance capacity
for protection against losses arising from acts of
terrorism. Therefore, nothing in this title shall
prohibit insurers from developing risk-sharing
mechanisms (including mutual reinsurance facilities and
agreements, use of the capital markets, and insurance-
linked securities) to voluntarily reinsure terrorism
losses between and among themselves that are not
subject to reimbursement under this section.
``(B) Establishment of advisory committee.--The
Secretary shall appoint an Advisory Committee to--
``(i) encourage the creation and
development of such risk-sharing mechanisms;
``(ii) assist the Secretary and be
available to administer such risk-sharing
mechanisms; and
``(iii) develop articles of incorporation,
bylaws, and a plan of operation for any long-
term reinsurance facility authorized or created
in the future.
``(C) Membership.--The Advisory Committee shall be
composed of nine members who are directors, officers,
or other employees of insurers, reinsurers, or capital
market participants that are participating or that
desire to participate in such mechanisms, and who are
representative of the affected sectors of the insurance
industry, including commercial property insurance,
commercial casualty insurance, reinsurance, and
alternative risk transfer industries.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to the Program Year for the Terrorism Insurance Program
established by title I of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note) that begins on January 1, 2015, and Program Years
thereafter.
SEC. 110. REPORTING OF TERRORISM INSURANCE DATA.
Section 104 (15 U.S.C. 6701 note) is amended by adding at the end
the following new subsection:
``(h) Reporting of Terrorism Insurance Data.--
``(1) Authority.--During the Program Year beginning on
January 1, 2016, and in each Program Year thereafter, the
Secretary shall require insurers participating in the Program
to submit to the Secretary such information regarding insurance
coverage for terrorism losses of such insurers as the Secretary
considers appropriate to analyze the effectiveness of the
Program, which shall include information regarding--
``(A) lines of insurance with exposure to such
losses;
``(B) premiums earned on such coverage;
``(C) geographical location of exposures;
``(D) pricing of such coverage;
``(E) the take-up rate for such coverage;
``(F) the amount of private reinsurance for acts of
terrorism purchased; and
``(G) such other matters as the Secretary considers
appropriate.
``(2) Reports.--Not later than 6 months after the
termination of the Program Year beginning on January 1, 2016,
and not later than 6 months after the termination of each
Program Year thereafter, the Secretary shall submit a report to
the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate that includes--
``(A) an analysis of the overall effectiveness of
the Program;
``(B) an evaluation of any changes or trends in the
data collected under paragraph (1);
``(C) an evaluation of whether any aspects of the
Program have the effect of discouraging or impeding
insurers from providing commercial property casualty
insurance coverage or coverage for acts of terrorism;
``(D) an evaluation of the impact of the Program on
workers' compensation insurers;
``(E) an evaluation of the impact on availability
and affordability of terrorism insurance coverage and
fiscal protection of the taxpayers of separate Federal
treatment under the Program for nuclear, biological,
chemical, and radiological terrorism; and
``(F) in the case of the data reported in paragraph
(1)(B), an updated estimate of the total amount earned
since the commencement of Program Year 1.
``(3) Protection of data.--To the extent possible, the
Secretary shall contract with an insurance statistical
aggregator to collect the information described in paragraph
(1), which shall keep any nonpublic information confidential
and provide it to the Secretary in an aggregate form or in such
other form or manner that does not permit identification of the
insurer submitting such information.
``(4) Advance coordination.--Before collecting any data or
information under paragraph (1) from an insurer, or affiliate
of an insurer, the Secretary shall coordinate with the
appropriate State insurance regulatory authorities or their
representatives and any relevant government agency or publicly
available sources to determine if the information to be
collected is available from, and may be obtained in a timely
manner by, individually or collectively, such entities. If the
Secretary determines that such data or information is
available, and may be obtained in a timely matter, from such
entities, the Secretary shall obtain the data or information
from such entities. If the Secretary determines that such data
or information is not so available, the Secretary may collect
such data or information from an insurer and affiliates.
``(5) Confidentiality.--
``(A) Retention of privilege.--The submission of
any non-publicly available data and information to the
Secretary and the sharing of any non-publicly available
data with or by the Secretary among other Federal
agencies, the State insurance regulatory authorities
and their collective agents, or any other entities
under this subsection shall not constitute a waiver of,
or otherwise affect, any privilege arising under
Federal or State law (including the rules of any
Federal or State court) to which the data or
information is otherwise subject.
``(B) Continued application of prior
confidentiality agreements.--Any requirement under
Federal or State law to the extent otherwise
applicable, or any requirement pursuant to a written
agreement in effect between the original source of any
non-publicly available data or information and the
source of such data or information to the Secretary,
regarding the privacy or confidentiality of any data or
information in the possession of the source to the
Secretary, shall continue to apply to such data or
information after the data or information has been
provided pursuant to this subsection.
``(C) Information-sharing agreement.--Any data or
information obtained by the Secretary under this
subsection may be made available to State insurance
regulatory authorities, individually or collectively
through an information-sharing agreement that--
``(i) shall comply with applicable Federal
law; and
``(ii) shall not constitute a waiver of, or
otherwise affect, any privilege under Federal
or State law (including any privilege referred
to in subparagraph (A) and the rules of any
Federal or State court) to which the data or
information is otherwise subject.
``(D) Agency disclosure requirements.--Section 552
of title 5, United States Code, including any
exceptions thereunder, shall apply to any data or
information submitted under this subsection to the
Secretary by an insurer or affiliate of an insurer.''.
SEC. 111. DELIVERY OF NOTICES TO POLICYHOLDERS.
Section 103(b)(2) (15 U.S.C. 6701 note) is amended--
(1) in subparagraph (B), by striking ``, purchase,''; and
(2) in subparagraph (C), by striking ``, purchase,''.
SEC. 112. DEFINITION OF CONTROL.
Paragraph (3) of section 102 (15 U.S.C. 6701 note) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively and realigning such
clauses, as so redesignated, so as to be indented six ems from
the left margin;
(2) in the matter preceding clause (i) (as so
redesignated), by striking ``An entity has'' and inserting the
following:
``(A) In general.--An entity has''; and
(3) by adding at the end the following new subparagraph:
``(B) Rule of construction.--An entity, including
any affiliate thereof, does not have control over
another entity if, as of the date of the enactment of
the TRIA Reform Act of 2014, the entity is acting as an
attorney-in-fact, as defined by the Secretary, for the
other entity and such other entity is a reciprocal
insurer, provided that the entity is not, for reasons
other than the attorney-in-fact relationship, defined
as having control under subparagraph (A).''.
SEC. 113. ANNUAL STUDY OF SMALL INSURER MARKET COMPETITIVENESS.
Section 108 (15 U.S.C. 6701 note) is amended by adding at the end
the following new subsection:
``(h) Study of Small Insurer Market Competitiveness.--
``(1) In general.--The Secretary shall conduct an annual
study of small insurers participating in the Program, and
identify any competitive challenges small insurers face in the
terrorism risk insurance marketplace, including--
``(A) changes to the market share, premium volume,
and policyholder surplus of small insurers relative to
large insurers;
``(B) how the property and casualty insurance
market for terrorism risk differs between small and
large insurers, and whether such a difference exists
within other perils;
``(C) the impact of the Program's mandatory
availability requirement under section 103(c) and the
voluntary opt-out for small insurers;
``(D) the effect of increasing the trigger amount
for the Program under section 103(e)(1)(B)(iii)(I) on
small insurers;
``(E) the availability and cost of private
reinsurance for small insurers; and
``(F) the impact that State workers compensation
laws have on small insurers, particularly the impact of
mandatory, non-excludable participation and unlimited
financial liability.
``(2) Timing and report.--The Secretary shall complete the
first study under paragraph (1) and submit a report to the
Congress setting forth the findings and conclusions of the
study not later than June 30, 2016, and shall complete an
annual study under paragraph (1) and submit a report regarding
such study to the Congress by June 1 annually thereafter.''.
SEC. 114. CBO AND OMB STUDIES REGARDING BUDGETING FOR COSTS OF FEDERAL
INSURANCE PROGRAMS.
Not later than the expiration of the 12-month period beginning on
the date of the enactment of this Act, the Director of the
Congressional Budget Office and the Director of the Office of
Management and Budget shall each--
(1) conduct a study to determine the feasibility of
applying accrual accounting concepts to budgeting for the costs
of the Terrorism Risk Insurance Program and for the costs of
the other Federal insurance programs; and
(2) submit a report regarding such study to the Committees
on the Budget of the House of Representatives and the Senate,
which shall include a recommendation specifically addressing
the feasibility of applying fair value concepts to budgeting
for the costs of Federal insurance programs, including the
Terrorism Risk Insurance Program.
SEC. 115. GAO STUDY ON UPFRONT PREMIUMS AND CAPITAL RESERVE FUND.
(a) Study.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General of the United States shall
complete a study on the viability of the Federal Government--
(1) assessing and collecting upfront premiums on insurers
that participate in the Terrorism Risk Insurance Program
established under the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note) (in this section referred to as the
``Program''), which shall include a comparison of practices in
international markets to assess and collect premiums either
before or after terrorism losses are incurred; and
(2) creating a capital reserve fund under the Program and
requiring insurers participating in the Program to dedicate
capital specifically for terrorism losses before such losses
are incurred, which shall include a comparison of practices in
international markets to establish reserve funds.
(b) Required Content.--The study required under subsection (a)
shall examine, but shall not be limited to, the following issues:
(1) Upfront premiums.--With respect to upfront premiums
described in subsection (a)(1)--
(A) how the Federal Government could determine the
price of such upfront premiums on insurers that
participate in the Program;
(B) how the Federal Government could collect such
upfront premiums;
(C) how the Federal Government could ensure that
such upfront premiums are not spent for purposes other
than satisfying claims through the Program;
(D) how the assessment and collection of such
upfront premiums could affect take-up rates for
terrorism risk coverage in different regions and
industries;
(E) the effect of collecting such upfront premiums
on the private market for terrorism risk reinsurance;
and
(F) the size of the Federal Government subsidy
insurers currently receive through their participation
in the Program.
(2) Capital reserve fund.--With respect to the capital
reserve fund described in subsection (a)(2)--
(A) how the creation of a capital reserve fund
would affect the Federal Government's fiscal exposure
under the Terrorism Risk Insurance Program and the
ability of the Program to meet its statutory purposes;
(B) how a capital reserve fund would impact
insurers and reinsurers, including liquidity, insurance
pricing, and capacity to provide terrorism risk
coverage;
(C) the feasibility of segregating funds
attributable to terrorism risk from funds attributable
to other insurance lines;
(D) how a capital reserve fund would be viewed and
treated under current Financial Accounting Standards
Board accounting rules and the tax laws; and
(E) how a capital reserve fund would affect the
States' ability to regulate insurers participating in
the Program.
(3) International practices.--With respect to international
markets referred to in paragraphs (1) and (2) of subsection
(A), how other countries, if any--
(A) have established terrorism insurance
structures;
(B) charge premiums or otherwise collect funds to
pay for the costs of terrorism insurance structures,
including risk and administrative costs; and
(C) have established capital reserve funds to pay
for the costs of terrorism insurance structures.
(4) Duration.--With respect to the capital reserve fund
described in subsection (a)(2), how the duration of the Program
would affect the viability of such capital reserve fund.
(c) Report.--Upon completion of the study required under subsection
(a), the Comptroller General shall submit a report on the results of
such study to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives.
(d) Public Availability.--The study and report required under this
section shall be made available to the public in electronic form and
shall be published on the website of the Government Accountability
Office.
TITLE II--NATIONAL ASSOCIATION OF REGISTERED AGENTS AND BROKERS REFORM
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Association of Registered
Agents and Brokers Reform Act of 2014''.
SEC. 202. REESTABLISHMENT OF THE NATIONAL ASSOCIATION OF REGISTERED
AGENTS AND BROKERS.
(a) In General.--Subtitle C of title III of the Gramm-Leach-Bliley
Act (15 U.S.C. 6751 et seq.) is amended to read as follows:
``Subtitle C--National Association of Registered Agents and Brokers
``SEC. 321. NATIONAL ASSOCIATION OF REGISTERED AGENTS AND BROKERS.
``(a) Establishment.--There is established the National Association
of Registered Agents and Brokers (referred to in this subtitle as the
`Association').
``(b) Status.--The Association shall--
``(1) be a nonprofit corporation;
``(2) not be an agent or instrumentality of the Federal
Government;
``(3) be an independent organization that may not be merged
with or into any other private or public entity; and
``(4) except as otherwise provided in this subtitle, be
subject to, and have all the powers conferred upon, a nonprofit
corporation by the District of Columbia Nonprofit Corporation
Act (D.C. Code, sec. 29-301.01 et seq.) or any successor
thereto.
``SEC. 322. PURPOSE.
``The purpose of the Association shall be to provide a mechanism
through which licensing, continuing education, and other nonresident
insurance producer qualification requirements and conditions may be
adopted and applied on a multi-state basis without affecting the laws,
rules, and regulations, and preserving the rights of a State,
pertaining to--
``(1) licensing, continuing education, and other
qualification requirements of insurance producers that are not
members of the Association;
``(2) resident or nonresident insurance producer
appointment requirements;
``(3) supervising and disciplining resident and nonresident
insurance producers;
``(4) establishing licensing fees for resident and
nonresident insurance producers so that there is no loss of
insurance producer licensing revenue to the State; and
``(5) prescribing and enforcing laws and regulations
regulating the conduct of resident and nonresident insurance
producers.
``SEC. 323. MEMBERSHIP.
``(a) Eligibility.--
``(1) In general.--Any insurance producer licensed in its
home State shall, subject to paragraphs (2) and (4), be
eligible to become a member of the Association.
``(2) Ineligibility for suspension or revocation of
license.--Subject to paragraph (3), an insurance producer is
not eligible to become a member of the Association if a State
insurance regulator has suspended or revoked the insurance
license of the insurance producer in that State.
``(3) Resumption of eligibility.--Paragraph (2) shall cease
to apply to any insurance producer if--
``(A) the State insurance regulator reissues or
renews the license of the insurance producer in the
State in which the license was suspended or revoked, or
otherwise terminates or vacates the suspension or
revocation; or
``(B) the suspension or revocation expires or is
subsequently overturned by a court of competent
jurisdiction.
``(4) Criminal history record check required.--
``(A) In general.--An insurance producer who is an
individual shall not be eligible to become a member of
the Association unless the insurance producer has
undergone a criminal history record check that complies
with regulations prescribed by the Attorney General of
the United States under subparagraph (K).
``(B) Criminal history record check requested by
home state.--An insurance producer who is licensed in a
State and who has undergone a criminal history record
check during the 2-year period preceding the date of
submission of an application to become a member of the
Association, in compliance with a requirement to
undergo such criminal history record check as a
condition for such licensure in the State, shall be
deemed to have undergone a criminal history record
check for purposes of subparagraph (A).
``(C) Criminal history record check requested by
association.--
``(i) In general.--The Association shall,
upon request by an insurance producer licensed
in a State, submit fingerprints or other
identification information obtained from the
insurance producer, and a request for a
criminal history record check of the insurance
producer, to the Federal Bureau of
Investigation.
``(ii) Procedures.--The board of directors
of the Association (referred to in this
subtitle as the `Board') shall prescribe
procedures for obtaining and utilizing
fingerprints or other identification
information and criminal history record
information, including the establishment of
reasonable fees to defray the expenses of the
Association in connection with the performance
of a criminal history record check and
appropriate safeguards for maintaining
confidentiality and security of the
information. Any fees charged pursuant to this
clause shall be separate and distinct from
those charged by the Attorney General pursuant
to subparagraph (I).
``(D) Form of request.--A submission under
subparagraph (C)(i) shall include such fingerprints or
other identification information as is required by the
Attorney General concerning the person about whom the
criminal history record check is requested, and a
statement signed by the person authorizing the Attorney
General to provide the information to the Association
and for the Association to receive the information.
``(E) Provision of information by attorney
general.--Upon receiving a submission under
subparagraph (C)(i) from the Association, the Attorney
General shall search all criminal history records of
the Federal Bureau of Investigation, including records
of the Criminal Justice Information Services Division
of the Federal Bureau of Investigation, that the
Attorney General determines appropriate for criminal
history records corresponding to the fingerprints or
other identification information provided under
subparagraph (D) and provide all criminal history
record information included in the request to the
Association.
``(F) Limitation on permissible uses of
information.--Any information provided to the
Association under subparagraph (E) may only--
``(i) be used for purposes of determining
compliance with membership criteria established
by the Association;
``(ii) be disclosed to State insurance
regulators, or Federal or State law enforcement
agencies, in conformance with applicable law;
or
``(iii) be disclosed, upon request, to the
insurance producer to whom the criminal history
record information relates.
``(G) Penalty for improper use or disclosure.--
Whoever knowingly uses any information provided under
subparagraph (E) for a purpose not authorized in
subparagraph (F), or discloses any such information to
anyone not authorized to receive it, shall be fined not
more than $50,000 per violation as determined by a
court of competent jurisdiction.
``(H) Reliance on information.--Neither the
Association nor any of its Board members, officers, or
employees shall be liable in any action for using
information provided under subparagraph (E) as
permitted under subparagraph (F) in good faith and in
reasonable reliance on its accuracy.
``(I) Fees.--The Attorney General may charge a
reasonable fee for conducting the search and providing
the information under subparagraph (E), and any such
fee shall be collected and remitted by the Association
to the Attorney General.
``(J) Rule of construction.--Nothing in this
paragraph shall be construed as--
``(i) requiring a State insurance regulator
to perform criminal history record checks under
this section; or
``(ii) limiting any other authority that
allows access to criminal history records.
``(K) Regulations.--The Attorney General shall
prescribe regulations to carry out this paragraph,
which shall include--
``(i) appropriate protections for ensuring
the confidentiality of information provided
under subparagraph (E); and
``(ii) procedures providing a reasonable
opportunity for an insurance producer to
contest the accuracy of information regarding
the insurance producer provided under
subparagraph (E).
``(L) Ineligibility for membership.--
``(i) In general.--The Association may,
under reasonably consistently applied
standards, deny membership to an insurance
producer on the basis of criminal history
record information provided under subparagraph
(E), or where the insurance producer has been
subject to disciplinary action, as described in
paragraph (2).
``(ii) Rights of applicants denied
membership.--The Association shall notify any
insurance producer who is denied membership on
the basis of criminal history record
information provided under subparagraph (E) of
the right of the insurance producer to--
``(I) obtain a copy of all criminal
history record information provided to
the Association under subparagraph (E)
with respect to the insurance producer;
and
``(II) challenge the denial of
membership based on the accuracy and
completeness of the information.
``(M) Definition.--For purposes of this paragraph,
the term `criminal history record check' means a
national background check of criminal history records
of the Federal Bureau of Investigation.
``(b) Authority to Establish Membership Criteria.--The Association
may establish membership criteria that bear a reasonable relationship
to the purposes for which the Association was established.
``(c) Establishment of Classes and Categories of Membership.--
``(1) Classes of membership.--The Association may establish
separate classes of membership, with separate criteria, if the
Association reasonably determines that performance of different
duties requires different levels of education, training,
experience, or other qualifications.
``(2) Business entities.--The Association shall establish a
class of membership and membership criteria for business
entities. A business entity that applies for membership shall
be required to designate an individual Association member
responsible for the compliance of the business entity with
Association standards and the insurance laws, standards, and
regulations of any State in which the business entity seeks to
do business on the basis of Association membership.
``(3) Categories.--
``(A) Separate categories for insurance producers
permitted.--The Association may establish separate
categories of membership for insurance producers and
for other persons or entities within each class, based
on the types of licensing categories that exist under
State laws.
``(B) Separate treatment for depository
institutions prohibited.--No special categories of
membership, and no distinct membership criteria, shall
be established for members that are depository
institutions or for employees, agents, or affiliates of
depository institutions.
``(d) Membership Criteria.--
``(1) In general.--The Association may establish criteria
for membership which shall include standards for personal
qualifications, education, training, and experience. The
Association shall not establish criteria that unfairly limit
the ability of a small insurance producer to become a member of
the Association, including imposing discriminatory membership
fees.
``(2) Qualifications.--In establishing criteria under
paragraph (1), the Association shall not adopt any
qualification less protective to the public than that contained
in the National Association of Insurance Commissioners
(referred to in this subtitle as the `NAIC') Producer Licensing
Model Act in effect as of the date of enactment of the National
Association of Registered Agents and Brokers Reform Act of
2013, and shall consider the highest levels of insurance
producer qualifications established under the licensing laws of
the States.
``(3) Assistance from states.--
``(A) In general.--The Association may request a
State to provide assistance in investigating and
evaluating the eligibility of a prospective member for
membership in the Association.
``(B) Authorization of information sharing.--A
submission under subsection (a)(4)(C)(i) made by an
insurance producer licensed in a State shall include a
statement signed by the person about whom the
assistance is requested authorizing--
``(i) the State to share information with
the Association; and
``(ii) the Association to receive the
information.
``(C) Rule of construction.--Subparagraph (A) shall
not be construed as requiring or authorizing any State
to adopt new or additional requirements concerning the
licensing or evaluation of insurance producers.
``(4) Denial of membership.--The Association may, based on
reasonably consistently applied standards, deny membership to
any State-licensed insurance producer for failure to meet the
membership criteria established by the Association.
``(e) Effect of Membership.--
``(1) Authority of association members.--Membership in the
Association shall--
``(A) authorize an insurance producer to sell,
solicit, or negotiate insurance in any State for which
the member pays the licensing fee set by the State for
any line or lines of insurance specified in the home
State license of the insurance producer, and exercise
all such incidental powers as shall be necessary to
carry out such activities, including claims adjustments
and settlement to the extent permissible under the laws
of the State, risk management, employee benefits
advice, retirement planning, and any other insurance-
related consulting activities;
``(B) be the equivalent of a nonresident insurance
producer license for purposes of authorizing the
insurance producer to engage in the activities
described in subparagraph (A) in any State where the
member pays the licensing fee; and
``(C) be the equivalent of a nonresident insurance
producer license for the purpose of subjecting an
insurance producer to all laws, regulations, provisions
or other action of any State concerning revocation,
suspension, or other enforcement action related to the
ability of a member to engage in any activity within
the scope of authority granted under this subsection
and to all State laws, regulations, provisions, and
actions preserved under paragraph (5).
``(2) Violent crime control and law enforcement act of
1994.--Nothing in this subtitle shall be construed to alter,
modify, or supercede any requirement established by section
1033 of title 18, United States Code.
``(3) Agent for remitting fees.--The Association shall act
as an agent for any member for purposes of remitting licensing
fees to any State pursuant to paragraph (1).
``(4) Notification of action.--
``(A) In general.--The Association shall notify the
States (including State insurance regulators) and the
NAIC when an insurance producer has satisfied the
membership criteria of this section. The States
(including State insurance regulators) shall have 10
business days after the date of the notification in
order to provide the Association with evidence that the
insurance producer does not satisfy the criteria for
membership in the Association.
``(B) Ongoing disclosures required.--On an ongoing
basis, the Association shall disclose to the States
(including State insurance regulators) and the NAIC a
list of the States in which each member is authorized
to operate. The Association shall immediately notify
the States (including State insurance regulators) and
the NAIC when a member is newly authorized to operate
in one or more States, or is no longer authorized to
operate in one or more States on the basis of
Association membership.
``(5) Preservation of consumer protection and market
conduct regulation.--
``(A) In general.--No provision of this section
shall be construed as altering or affecting the
applicability or continuing effectiveness of any law,
regulation, provision, or other action of any State,
including those described in subparagraph (B), to the
extent that the State law, regulation, provision, or
other action is not inconsistent with the provisions of
this subtitle related to market entry for nonresident
insurance producers, and then only to the extent of the
inconsistency.
``(B) Preserved regulations.--The laws,
regulations, provisions, or other actions of any State
referred to in subparagraph (A) include laws,
regulations, provisions, or other actions that--
``(i) regulate market conduct, insurance
producer conduct, or unfair trade practices;
``(ii) establish consumer protections; or
``(iii) require insurance producers to be
appointed by a licensed or authorized insurer.
``(f) Biennial Renewal.--Membership in the Association shall be
renewed on a biennial basis.
``(g) Continuing Education.--
``(1) In general.--The Association shall establish, as a
condition of membership, continuing education requirements
which shall be comparable to the continuing education
requirements under the licensing laws of a majority of the
States.
``(2) State continuing education requirements.--A member
may not be required to satisfy continuing education
requirements imposed under the laws, regulations, provisions,
or actions of any State other than the home State of the
member.
``(3) Reciprocity.--The Association shall not require a
member to satisfy continuing education requirements that are
equivalent to any continuing education requirements of the home
State of the member that have been satisfied by the member
during the applicable licensing period.
``(4) Limitation on the association.--The Association shall
not directly or indirectly offer any continuing education
courses for insurance producers.
``(h) Probation, Suspension and Revocation.--
``(1) Disciplinary action.--The Association may place an
insurance producer that is a member of the Association on
probation or suspend or revoke the membership of the insurance
producer in the Association, or assess monetary fines or
penalties, as the Association determines to be appropriate,
if--
``(A) the insurance producer fails to meet the
applicable membership criteria or other standards
established by the Association;
``(B) the insurance producer has been subject to
disciplinary action pursuant to a final adjudicatory
proceeding under the jurisdiction of a State insurance
regulator;
``(C) an insurance license held by the insurance
producer has been suspended or revoked by a State
insurance regulator; or
``(D) the insurance producer has been convicted of
a crime that would have resulted in the denial of
membership pursuant to subsection (a)(4)(L)(i) at the
time of application, and the Association has received a
copy of the final disposition from a court of competent
jurisdiction.
``(2) Violations of association standards.--The Association
shall have the power to investigate alleged violations of
Association standards.
``(3) Reporting.--The Association shall immediately notify
the States (including State insurance regulators) and the NAIC
when the membership of an insurance producer has been placed on
probation or has been suspended, revoked, or otherwise
terminated, or when the Association has assessed monetary fines
or penalties.
``(i) Consumer Complaints.--
``(1) In general.--The Association shall--
``(A) refer any complaint against a member of the
Association from a consumer relating to alleged
misconduct or violations of State insurance laws to the
State insurance regulator where the consumer resides
and, when appropriate, to any additional State
insurance regulator, as determined by standards adopted
by the Association; and
``(B) make any related records and information
available to each State insurance regulator to whom the
complaint is forwarded.
``(2) Telephone and other access.--The Association shall
maintain a toll-free number for purposes of this subsection
and, as practicable, other alternative means of communication
with consumers, such as an Internet webpage.
``(3) Final disposition of investigation.--State insurance
regulators shall provide the Association with information
regarding the final disposition of a complaint referred
pursuant to paragraph (1)(A), but nothing shall be construed to
compel a State to release confidential investigation reports or
other information protected by State law to the Association.
``(j) Information Sharing.--The Association may--
``(1) share documents, materials, or other information,
including confidential and privileged documents, with a State,
Federal, or international governmental entity or with the NAIC
or other appropriate entity referred to paragraphs (3) and (4),
provided that the recipient has the authority and agrees to
maintain the confidentiality or privileged status of the
document, material, or other information;
``(2) limit the sharing of information as required under
this subtitle with the NAIC or any other non-governmental
entity, in circumstances under which the Association determines
that the sharing of such information is unnecessary to further
the purposes of this subtitle;
``(3) establish a central clearinghouse, or utilize the
NAIC or another appropriate entity, as determined by the
Association, as a central clearinghouse, for use by the
Association and the States (including State insurance
regulators), through which members of the Association may
disclose their intent to operate in 1 or more States and pay
the licensing fees to the appropriate States; and
``(4) establish a database, or utilize the NAIC or another
appropriate entity, as determined by the Association, as a
database, for use by the Association and the States (including
State insurance regulators) for the collection of regulatory
information concerning the activities of insurance producers.
``(k) Effective Date.--The provisions of this section shall take
effect on the later of--
``(1) the expiration of the 2-year period beginning on the
date of enactment of the National Association of Registered
Agents and Brokers Reform Act of 2013; and
``(2) the date of incorporation of the Association.
``SEC. 324. BOARD OF DIRECTORS.
``(a) Establishment.--There is established a board of directors of
the Association, which shall have authority to govern and supervise all
activities of the Association.
``(b) Powers.--The Board shall have such of the powers and
authority of the Association as may be specified in the bylaws of the
Association.
``(c) Composition.--
``(1) In general.--The Board shall consist of 13 members
who shall be appointed by the President, by and with the advice
and consent of the Senate, in accordance with the procedures
established under Senate Resolution 116 of the 112th Congress,
of whom--
``(A) 8 shall be State insurance commissioners
appointed in the manner provided in paragraph (2), 1 of
whom shall be designated by the President to serve as
the chairperson of the Board until the Board elects one
such State insurance commissioner Board member to serve
as the chairperson of the Board;
``(B) 3 shall have demonstrated expertise and
experience with property and casualty insurance
producer licensing; and
``(C) 2 shall have demonstrated expertise and
experience with life or health insurance producer
licensing.
``(2) State insurance regulator representatives.--
``(A) Recommendations.--Before making any
appointments pursuant to paragraph (1)(A), the
President shall request a list of recommended
candidates from the States through the NAIC, which
shall not be binding on the President. If the NAIC
fails to submit a list of recommendations not later
than 15 business days after the date of the request,
the President may make the requisite appointments
without considering the views of the NAIC.
``(B) Political affiliation.--Not more than 4 Board
members appointed under paragraph (1)(A) shall belong
to the same political party.
``(C) Former state insurance commissioners.--
``(i) In general.--If, after offering each
currently serving State insurance commissioner
an appointment to the Board, fewer than 8 State
insurance commissioners have accepted
appointment to the Board, the President may
appoint the remaining State insurance
commissioner Board members, as required under
paragraph (1)(A), of the appropriate political
party as required under subparagraph (B), from
among individuals who are former State
insurance commissioners.
``(ii) Limitation.--A former State
insurance commissioner appointed as described
in clause (i) may not be employed by or have
any present direct or indirect financial
interest in any insurer, insurance producer, or
other entity in the insurance industry, other
than direct or indirect ownership of, or
beneficial interest in, an insurance policy or
annuity contract written or sold by an insurer.
``(D) Service through term.--If a Board member
appointed under paragraph (1)(A) ceases to be a State
insurance commissioner during the term of the Board
member, the Board member shall cease to be a Board
member.
``(3) Private sector representatives.--In making any
appointment pursuant to subparagraph (B) or (C) of paragraph
(1), the President may seek recommendations for candidates from
groups representing the category of individuals described,
which shall not be binding on the President.
``(4) State insurance commissioner defined.--For purposes
of this subsection, the term `State insurance commissioner'
means a person who serves in the position in State government,
or on the board, commission, or other body that is the primary
insurance regulatory authority for the State.
``(d) Terms.--
``(1) In general.--Except as provided under paragraph (2),
the term of service for each Board member shall be 2 years.
``(2) Exceptions.--
``(A) 1-year terms.--The term of service shall be 1
year, as designated by the President at the time of the
nomination of the subject Board members for--
``(i) 4 of the State insurance commissioner
Board members initially appointed under
paragraph (1)(A), of whom not more than 2 shall
belong to the same political party;
``(ii) 1 of the Board members initially
appointed under paragraph (1)(B); and
``(iii) 1 of the Board members initially
appointed under paragraph (1)(C).
``(B) Expiration of term.--A Board member may
continue to serve after the expiration of the term to
which the Board member was appointed for the earlier of
2 years or until a successor is appointed.
``(C) Mid-term appointments.--A Board member
appointed to fill a vacancy occurring before the
expiration of the term for which the predecessor of the
Board member was appointed shall be appointed only for
the remainder of that term.
``(3) Successive terms.--Board members may be reappointed
to successive terms.
``(e) Initial Appointments.--The appointment of initial Board
members shall be made no later than 90 days after the date of enactment
of the National Association of Registered Agents and Brokers Reform Act
of 2014.
``(f) Meetings.--
``(1) In general.--The Board shall meet--
``(A) at the call of the chairperson;
``(B) as requested in writing to the chairperson by
not fewer than 5 Board members; or
``(C) as otherwise provided by the bylaws of the
Association.
``(2) Quorum required.--A majority of all Board members
shall constitute a quorum.
``(3) Voting.--Decisions of the Board shall require the
approval of a majority of all Board members present at a
meeting, a quorum being present.
``(4) Initial meeting.--The Board shall hold its first
meeting not later than 45 days after the date on which all
initial Board members have been appointed.
``(g) Restriction on Confidential Information.--Board members
appointed pursuant to subparagraphs (B) and (C) of subsection (c)(1)
shall not have access to confidential information received by the
Association in connection with complaints, investigations, or
disciplinary proceedings involving insurance producers.
``(h) Ethics and Conflicts of Interest.--The Board shall issue and
enforce an ethical conduct code to address permissible and prohibited
activities of Board members and Association officers, employees,
agents, or consultants. The code shall, at a minimum, include
provisions that prohibit any Board member or Association officer,
employee, agent or consultant from--
``(1) engaging in unethical conduct in the course of
performing Association duties;
``(2) participating in the making or influencing the making
of any Association decision, the outcome of which the Board
member, officer, employee, agent, or consultant knows or had
reason to know would have a reasonably foreseeable material
financial effect, distinguishable from its effect on the public
generally, on the person or a member of the immediate family of
the person;
``(3) accepting any gift from any person or entity other
than the Association that is given because of the position held
by the person in the Association;
``(4) making political contributions to any person or
entity on behalf of the Association; and
``(5) lobbying or paying a person to lobby on behalf of the
Association.
``(i) Compensation.--
``(1) In general.--Except as provided in paragraph (2), no
Board member may receive any compensation from the Association
or any other person or entity on account of Board membership.
``(2) Travel expenses and per diem.--Board members may be
reimbursed only by the Association for travel expenses,
including per diem in lieu of subsistence, at rates consistent
with rates authorized for employees of Federal agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from home or regular places of business in
performance of services for the Association.
``SEC. 325. BYLAWS, STANDARDS, AND DISCIPLINARY ACTIONS.
``(a) Adoption and Amendment of Bylaws and Standards.--
``(1) Procedures.--The Association shall adopt procedures
for the adoption of bylaws and standards that are similar to
procedures under subchapter II of chapter 5 of title 5, United
States Code (commonly known as the `Administrative Procedure
Act').
``(2) Copy required to be filed.--The Board shall submit to
the President, through the Department of the Treasury, and the
States (including State insurance regulators), and shall
publish on the website of the Association, all proposed bylaws
and standards of the Association, or any proposed amendment to
the bylaws or standards of the Association, accompanied by a
concise general statement of the basis and purpose of such
proposal.
``(3) Effective date.--Any proposed bylaw or standard of
the Association, and any proposed amendment to the bylaws or
standards of the Association, shall take effect, after notice
under paragraph (2) and opportunity for public comment, on such
date as the Association may designate, unless suspended under
section 329(c).
``(4) Rule of construction.--Nothing in this section shall
be construed to subject the Board or the Association to the
requirements of subchapter II of chapter 5 of title 5, United
States Code (commonly known as the `Administrative Procedure
Act').
``(b) Disciplinary Action by the Association.--
``(1) Specification of charges.--In any proceeding to
determine whether membership shall be denied, suspended,
revoked, or not renewed, or to determine whether a member of
the Association should be placed on probation (referred to in
this section as a `disciplinary action') or whether to assess
fines or monetary penalties, the Association shall bring
specific charges, notify the member of the charges, give the
member an opportunity to defend against the charges, and keep a
record.
``(2) Supporting statement.--A determination to take
disciplinary action shall be supported by a statement setting
forth--
``(A) any act or practice in which the member has
been found to have been engaged;
``(B) the specific provision of this subtitle or
standard of the Association that any such act or
practice is deemed to violate; and
``(C) the sanction imposed and the reason for the
sanction.
``(3) Ineligibility of private sector representatives.--
Board members appointed pursuant to section 324(c)(3) may not--
``(A) participate in any disciplinary action or be
counted toward establishing a quorum during a
disciplinary action; and
``(B) have access to confidential information
concerning any disciplinary action.
``SEC. 326. POWERS.
``In addition to all the powers conferred upon a nonprofit
corporation by the District of Columbia Nonprofit Corporation Act, the
Association shall have the power to--
``(1) establish and collect such membership fees as the
Association finds necessary to impose to cover the costs of its
operations;
``(2) adopt, amend, and repeal bylaws, procedures, or
standards governing the conduct of Association business and
performance of its duties;
``(3) establish procedures for providing notice and
opportunity for comment pursuant to section 325(a);
``(4) enter into and perform such agreements as necessary
to carry out the duties of the Association;
``(5) hire employees, professionals, or specialists, and
elect or appoint officers, and to fix their compensation,
define their duties and give them appropriate authority to
carry out the purposes of this subtitle, and determine their
qualification;
``(6) establish personnel policies of the Association and
programs relating to, among other things, conflicts of
interest, rates of compensation, where applicable, and
qualifications of personnel;
``(7) borrow money; and
``(8) secure funding for such amounts as the Association
determines to be necessary and appropriate to organize and
begin operations of the Association, which shall be treated as
loans to be repaid by the Association with interest at market
rate.
``SEC. 327. REPORT BY THE ASSOCIATION.
``(a) In General.--As soon as practicable after the close of each
fiscal year, the Association shall submit to the President, through the
Department of the Treasury, and the States (including State insurance
regulators), and shall publish on the website of the Association, a
written report regarding the conduct of its business, and the exercise
of the other rights and powers granted by this subtitle, during such
fiscal year.
``(b) Financial Statements.--Each report submitted under subsection
(a) with respect to any fiscal year shall include audited financial
statements setting forth the financial position of the Association at
the end of such fiscal year and the results of its operations
(including the source and application of its funds) for such fiscal
year.
``SEC. 328. LIABILITY OF THE ASSOCIATION AND THE BOARD MEMBERS,
OFFICERS, AND EMPLOYEES OF THE ASSOCIATION.
``(a) In General.--The Association shall not be deemed to be an
insurer or insurance producer within the meaning of any State law,
rule, regulation, or order regulating or taxing insurers, insurance
producers, or other entities engaged in the business of insurance,
including provisions imposing premium taxes, regulating insurer
solvency or financial condition, establishing guaranty funds and
levying assessments, or requiring claims settlement practices.
``(b) Liability of Board Members, Officers, and Employees.--No
Board member, officer, or employee of the Association shall be
personally liable to any person for any action taken or omitted in good
faith in any matter within the scope of their responsibilities in
connection with the Association.
``SEC. 329. PRESIDENTIAL OVERSIGHT.
``(a) Removal of Board.--If the President determines that the
Association is acting in a manner contrary to the interests of the
public or the purposes of this subtitle or has failed to perform its
duties under this subtitle, the President may remove the entire
existing Board for the remainder of the term to which the Board members
were appointed and appoint, in accordance with section 324 and with the
advice and consent of the Senate, in accordance with the procedures
established under Senate Resolution 116 of the 112th Congress, new
Board members to fill the vacancies on the Board for the remainder of
the terms.
``(b) Removal of Board Member.--The President may remove a Board
member only for neglect of duty or malfeasance in office.
``(c) Suspension of Bylaws and Standards and Prohibition of
Actions.--Following notice to the Board, the President, or a person
designated by the President for such purpose, may suspend the
effectiveness of any bylaw or standard, or prohibit any action, of the
Association that the President or the designee determines is contrary
to the purposes of this subtitle.
``SEC. 330. RELATIONSHIP TO STATE LAW.
``(a) Preemption of State Laws.--State laws, regulations,
provisions, or other actions purporting to regulate insurance producers
shall be preempted to the extent provided in subsection (b).
``(b) Prohibited Actions.--
``(1) In general.--No State shall--
``(A) impede the activities of, take any action
against, or apply any provision of law or regulation
arbitrarily or discriminatorily to, any insurance
producer because that insurance producer or any
affiliate plans to become, has applied to become, or is
a member of the Association;
``(B) impose any requirement upon a member of the
Association that it pay fees different from those
required to be paid to that State were it not a member
of the Association; or
``(C) impose any continuing education requirements
on any nonresident insurance producer that is a member
of the Association.
``(2) States other than a home state.--No State, other than
the home State of a member of the Association, shall--
``(A) impose any licensing, personal or corporate
qualifications, education, training, experience,
residency, continuing education, or bonding requirement
upon a member of the Association that is different from
the criteria for membership in the Association or
renewal of such membership;
``(B) impose any requirement upon a member of the
Association that it be licensed, registered, or
otherwise qualified to do business or remain in good
standing in the State, including any requirement that
the insurance producer register as a foreign company
with the secretary of state or equivalent State
official;
``(C) require that a member of the Association
submit to a criminal history record check as a
condition of doing business in the State; or
``(D) impose any licensing, registration, or
appointment requirements upon a member of the
Association, or require a member of the Association to
be authorized to operate as an insurance producer, in
order to sell, solicit, or negotiate insurance for
commercial property and casualty risks to an insured
with risks located in more than one State, if the
member is licensed or otherwise authorized to operate
in the State where the insured maintains its principal
place of business and the contract of insurance insures
risks located in that State.
``(3) Preservation of state disciplinary authority.--
Nothing in this section may be construed to prohibit a State
from investigating and taking appropriate disciplinary action,
including suspension or revocation of authority of an insurance
producer to do business in a State, in accordance with State
law and that is not inconsistent with the provisions of this
section, against a member of the Association as a result of a
complaint or for any alleged activity, regardless of whether
the activity occurred before or after the insurance producer
commenced doing business in the State pursuant to Association
membership.
``SEC. 331. COORDINATION WITH FINANCIAL INDUSTRY REGULATORY AUTHORITY.
``The Association shall coordinate with the Financial Industry
Regulatory Authority in order to ease any administrative burdens that
fall on members of the Association that are subject to regulation by
the Financial Industry Regulatory Authority, consistent with the
requirements of this subtitle and the Federal securities laws.
``SEC. 332. RIGHT OF ACTION.
``(a) Right of Action.--Any person aggrieved by a decision or
action of the Association may, after reasonably exhausting available
avenues for resolution within the Association, commence a civil action
in an appropriate United States district court, and obtain all
appropriate relief.
``(b) Association Interpretations.--In any action under subsection
(a), the court shall give appropriate weight to the interpretation of
the Association of its bylaws and standards and this subtitle.
``SEC. 333. FEDERAL FUNDING PROHIBITED.
``The Association may not receive, accept, or borrow any amounts
from the Federal Government to pay for, or reimburse, the Association
for, the costs of establishing or operating the Association.
``SEC. 334. DEFINITIONS.
``For purposes of this subtitle, the following definitions shall
apply:
``(1) Business entity.--The term `business entity' means a
corporation, association, partnership, limited liability
company, limited liability partnership, or other legal entity.
``(2) Depository institution.--The term `depository
institution' has the meaning as in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813).
``(3) 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.
``(4) Insurance.--The term `insurance' means any product,
other than title insurance or bail bonds, defined or regulated
as insurance by the appropriate State insurance regulatory
authority.
``(5) Insurance producer.--The term `insurance producer'
means any insurance agent or broker, excess or surplus lines
broker or agent, insurance consultant, limited insurance
representative, and any other individual or entity that sells,
solicits, or negotiates policies of insurance or offers advice,
counsel, opinions or services related to insurance.
``(6) Insurer.--The term `insurer' has the meaning as in
section 313(e)(2)(B) of title 31, United States Code.
``(7) Principal place of business.--The term `principal
place of business' means the State in which an insurance
producer maintains the headquarters of the insurance producer
and, in the case of a business entity, where high-level
officers of the entity direct, control, and coordinate the
business activities of the business entity.
``(8) Principal place of residence.--The term `principal
place of residence' means the State in which an insurance
producer resides for the greatest number of days during a
calendar year.
``(9) 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
Islands.
``(10) 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 applicable only
to or within the District of Columbia shall be treated
as a State law rather than a law of the United
States.''.
(b) Technical 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. Bylaws, standards, and disciplinary actions.
``Sec. 326. Powers.
``Sec. 327. Report by the Association.
``Sec. 328. Liability of the Association and the Board members,
officers, and employees of the Association.
``Sec. 329. Presidential oversight.
``Sec. 330. Relationship to State law.
``Sec. 331. Coordination with financial industry regulatory authority.
``Sec. 332. Right of action.
``Sec. 333. Federal funding prohibited.
``Sec. 334. Definitions.''.
Union Calendar No. 391
113th CONGRESS
2d Session
H. R. 4871
[Report No. 113-523]
_______________________________________________________________________
A BILL
To reauthorize the Terrorism Risk Insurance Act of 2002, and for other
purposes.
_______________________________________________________________________
July 16, 2014
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed