15 U.S.C. § 6764 — Definitions

Page 2288 TITLE 15—COMMERCE AND TRADE § 6761 1 So in original. The comma probably should not appear. Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 6763 of this title, prior to the general amend- ment of this subchapter by Pub. L. 114–1. A prior section 6760, Pub. L. 106–102, title III, § 330, Nov. 12, 1999, 113 Stat. 1430, related to functions of the NAIC, prior to the general amendment of this sub- chapter by Pub. L. 114–1. § 6761. Coordination with Financial Industry Regulatory Authority The Association shall coordinate with the Fi- nancial 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 subchapter and the Federal securities laws. (Pub. L. 106–102, title III, § 331, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 26.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 6764(b) of this title, prior to the general amend- ment of this subchapter by Pub. L. 114–1. A prior section 6761, Pub. L. 106–102, title III, § 331, Nov. 12, 1999, 113 Stat. 1430, related to liability of the Association and the directors, officers, and employees of the Association, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6758 of this title. § 6762. Right of action (a) Right of action Any person aggrieved by a decision or action of the Association may, after reasonably ex- hausting available avenues for resolution within the Association, commence a civil action in an appropriate United States district court, and ob- tain all appropriate relief. (b) Association interpretations In any action under subsection (a), the court shall give appropriate weight to the interpreta- tion of the Association of its bylaws and stand- ards and this subchapter. (Pub. L. 106–102, title III, § 332, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 26.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 6765 of this title, prior to the general amend- ment of this subchapter by Pub. L. 114–1. A prior section 6762, Pub. L. 106–102, title III, § 332, Nov. 12, 1999, 113 Stat. 1431, related to elimination of NAIC oversight, prior to the general amendment of this subchapter by Pub. L. 114–1. See sections 6757 and 6759 of this title. § 6763. Federal funding prohibited The Association may not receive, accept, or borrow any amounts from the Federal Govern- ment to pay for, or reimburse,1 the Association for, the costs of establishing or operating the Association. (Pub. L. 106–102, title III, § 333, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 27.) Editorial Notes PRIOR PROVISIONS A prior section 6763, Pub. L. 106–102, title III, § 333, Nov. 12, 1999, 113 Stat. 1432, related to relationship to State law, prior to the general amendment of this sub- chapter by Pub. L. 114–1. See section 6760 of this title. § 6764. Definitions For purposes of this subchapter, the following definitions shall apply: (1) Business entity The term ‘‘business entity’’ means a cor- poration, association, partnership, limited li- ability company, limited liability partnership, or other legal entity. (2) Depository institution The term ‘‘depository institution’’ has the meaning as in section 1813 of title 12. (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, de- fined or regulated as insurance by the appro- priate 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 ad- vice, 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. (7) Principal place of business The term ‘‘principal place of business’’ means the State in which an insurance pro- ducer maintains the headquarters of the insur- ance 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 pro- ducer 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, Amer- ican Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands. Page 2289 TITLE 15—COMMERCE AND TRADE § 6801 (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 Colum- bia 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. (Pub. L. 106–102, title III, § 334, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 27.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 6766 of this title, prior to the general amend- ment of this subchapter by Pub. L. 114–1. A prior section 6764, Pub. L. 106–102, title III, § 334, Nov. 12, 1999, 113 Stat. 1433, related to coordination with other regulators, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6761 of this title. A prior section 6765, Pub. L. 106–102, title III, § 335, Nov. 12, 1999, 113 Stat. 1433, which related to judicial re- view, was omitted in the general amendment of this subchapter by Pub. L. 114–1. See section 6762 of this title. A prior section 6766, Pub. L. 106–102, title III, § 336, Nov. 12, 1999, 113 Stat. 1433, which related to definitions, was omitted in the general amendment of this sub- chapter by Pub. L. 114–1. SUBCHAPTER IV—RENTAL CAR AGENCY INSURANCE ACTIVITIES § 6781. Standard of regulation for motor vehicle rentals (a) Protection against retroactive application of regulatory and legal action Except as provided in subsection (b), during the 3-year period beginning on November 12, 1999, it shall be a presumption that no State law imposes any licensing, appointment, or edu- cation requirements on any person who solicits the purchase of or sells insurance connected with, and incidental to, the lease or rental of a motor vehicle. (b) Preeminence of State insurance law No provision of this section shall be construed as altering the validity, interpretation, con- struction, 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 ac- tion, which, by its specific terms, expressly regulates or exempts from regulation any person who so- licits the purchase of or sells insurance con- nected 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 same meaning as in section 13102 of title 49. (Pub. L. 106–102, title III, § 341, Nov. 12, 1999, 113 Stat. 1434.) CHAPTER 94—PRIVACY SUBCHAPTER I—DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION Sec. 6801. Protection of nonpublic personal information. 6802. Obligations with respect to disclosures of per- sonal information. 6803. Disclosure of institution privacy policy. 6804. Rulemaking. 6805. Enforcement. 6806. Relation to other provisions. 6807. Relation to State laws. 6808. Study of information sharing among financial affiliates. 6809. Definitions. SUBCHAPTER II—FRAUDULENT ACCESS TO FINANCIAL INFORMATION 6821. Privacy protection for customer information of financial institutions. 6822. Administrative enforcement. 6823. Criminal penalty. 6824. Relation to State laws. 6825. Agency guidance. 6826. Reports. 6827. Definitions. SUBCHAPTER I—DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION § 6801. Protection of nonpublic personal informa- tion (a) Privacy obligation policy It is the policy of the Congress that each fi- nancial institution has an affirmative and con- tinuing obligation to respect the privacy of its customers and to protect the security and con- fidentiality of those customers’ nonpublic per- sonal information. (b) Financial institutions safeguards In furtherance of the policy in subsection (a), each agency or authority described in section 6805(a) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institu- tions subject to their jurisdiction relating to ad- ministrative, technical, and physical safe- guards— (1) to insure the security and confidentiality of customer records and information; (2) to protect against any anticipated threats or hazards to the security or integrity of such records; and (3) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconven- ience to any customer.