To restore the application of the Federal antitrust laws to the business of health insurance to protect competition and consumers.

SA 3823. Mr. LEAHY (for himself, Mr. Durbin, Mr. Rockefeller, Mr.
Schumer, Mrs. Feinstein, Mr. Specter, Mr. Whitehouse, Ms. Cantwell, Mr.
Kaufman, Mrs. Gillibrand, Mr. Wyden, Mr. Brown of Ohio, Mr. Lieberman,
Mr. Burris, Mrs. McCaskill, Mr. Franken, Mr. Bennet, Mr. Feingold, Mr.
Lautenberg, Mr. Webb, Mrs. Boxer, and Ms. Landrieu) submitted an
amendment intended to be proposed to amendment SA 3739 proposed by Mr.
Reid (for Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217,
to promote the financial stability of the United States by improving
accountability and transparency in the financial system, to end ``too
big to fail'', to protect the American taxpayer by ending bailouts, to
protect consumers from abusive financial services practices, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of the amendment, insert the following:

SEC. ___. HEALTH INSURANCE INDUSTRY ANTITRUST ENFORCEMENT
ACT.

(a) Short Title.--This section may be cited as the ``Health
Insurance Industry Antitrust Enforcement Act''.
(b) Restoring the Application of Antitrust Laws to Health
Sector Insurers.--
(1) Amendment to mccarran-ferguson act.--Section 3 of the
Act of March 9, 1945 (15 U.S.C. 1013), commonly known as the
McCarran-Ferguson Act, is amended by adding at the end the
following:
``(c) Nothing contained in this Act shall modify, impair,
or supersede the operation of any of the antitrust laws with
respect to the business of health insurance. For purposes of
the preceding sentence, the term `antitrust laws' has the
meaning given it in subsection (a) of the first section of
the Clayton Act, except that such term includes section 5 of
the Federal Trade Commission Act to the extent that such
section 5 applies to unfair methods of competition.''.
(2) Related provision.--For purposes of section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the extent
such section applies to unfair methods of competition,
section 3(c) of the McCarran-Ferguson Act shall apply with
respect to the business of health insurance without regard to
whether such business is carried on for profit,
notwithstanding the definition of ``Corporation'' contained
in section 4 of the Federal Trade Commission Act.
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